Home > 2.1.1 Electoral commissions > HUNGARY - Act C on Electoral Procedure
 
 
 
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Article 29
 

§ 29 (1) The election committee shall act as a body; for making decisions the presence of the majority of the members and the identical voting of the members present are required. Voting may be completed by yes or no.
(2) Of the meetings of the election committee minutes shall be made out. In the minutes minority opinions, together with their supporting reasons, shall be also recorded. At their request, one copy of the minutes will be handed over by the election committee free of charge to the representatives of each candidate.

Establishing the facts of the case

§ 29/A (1) The election committee is obliged to establish the facts of the case necessary for making decision.
(2) In the procedure of the election committee any and all evidences (especially documents, the applicant's statement, the witness's statement, etc.) may be used that are suitable for facilitating the establishment of the facts of the case. Facts officially known to the election committee and facts of public knowledge shall not be proved. The election committee shall assess evidences one by one and on the aggregate, and shall in accordance with their conviction based on that establish the facts of the case.
(3) The election committee shall ensure that the applicant, on request, could make an oral statement. In this case, the adverse party, if it is present, shall be also allowed to make an oral statement.

The resolution

§ 29/B (1) The election committee shall decide the case by adopting a resolution. The resolution shall be enacted in a written document on the day it enters into force.
(2) The resolution shall contain
a) the name of the election committee, the number of the resolution,
b) the applicant's name and address (seat),
c) the description of the subject of the case,
d) in the operative clause, the decision of the election committee; information about the option of lodging an appeal (submitting an application for judicial revision),
e) in the reasons, the facts of the case established and the evidences accepted as the bases thereof, the demonstration indicated by the applicant but dispensed with and the reasons for such dispensation, and the specific sections of rules of law that provide legal ground for the committee to adopt its resolution.
(3) If there is any name, number other item incorrectly written in the resolution, the election committee may, on request or ex officio, correct it. A resolution that contains any calculation error may be corrected only if such correction of the calculation error does not affect the case on the merits.

Communicating the resolution

§ 29/C (1) The resolution shall be directly communicated to the applicant, and to the person on whom the resolution confers rights or imposes obligations subject to their being present or their fax number or electronic e-mail address being available, on the day the resolution is adopted. The resolution may be directly communicated
a) to the persons present by handing over the resolution,
b) by fax,
c) in the form of electronic document (e-mail), or
d) to the delivery agent pursuant to the provisions set forth in clauses a)-c).
The way(s) of directly communicating the resolution shall be defined by the applicant.
(2) The fact and way of communicating the resolution pursuant to paragraph (1) shall be noted on the instrument, and the document verifying it shall be placed in the file.
(3) If it is not handed over pursuant to paragraph (1) clause a), the resolution shall be delivered to the persons concerned.
(4) The resolution shall be handed over, free of charge, to the delegated members of the election committee.
(5) Except for personal data, the election committee will publish its resolution.