Home > 1.3.2.3 Counting procedures/validity of ballots > HUNGARY - Act C on Electoral Procedure
 
 
 
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Article 73
 

§ 73 (1) After having counted the ballots, the ballot counting committee shall determine the electoral district result of the election.
(2) Appeals against the decision of the ballot counting committee determining the electoral district results lie only together with an appeal against the decision of the election committee determining the election results.
(3) The competent election committee shall on the grounds of the minutes made by the ballot counting committees aggregate the ballots and determine the result of the election the latest on the day following the polling day.
(4) Appeals may be lodged against the decision of the election committee determining the election results by referring to
a) the unlawful nature of the decision of the ballot counting committee determining the electoral district results, or
b) the violation of the rules of aggregating the electoral district results and determining the election results.
(5) If the appeal lodged pursuant to Section (4) a) can be adjudged only through recounting the ballots, and there is a mathematical possibility that the results will change, the election committee adjudging the appeal, or the court adjudging the application for judicial revision is obliged to recount the ballots. When recounting the ballots the term available for adjudging the appeal or the application for judicial revision will be extended to become twice as long, and the election committee or the court may use the contribution of the members of election committees.
(6) After the ballot counting committee has determined the results of voting in the electoral district, the ballots shall not be recounted unless pursuant to paragraph (5).

§ 73/A (1) The National Election Committee will examine the documents in the ballot-box arrived from foreign representations and as part of that will check the outside envelope and the statement on voting arrived from the foreign representation - without opening the inside envelope that contains the ballot - on the basis of the data of the register at foreign representations, in order to ascertain if the ballot has been cast by the person entitled to do so.
(2) The voting documents shall be invalid if
a) the voter is not included in the register at the foreign representation,
b) the voter has not signed the outside envelope, and the envelope has not been sealed or is damaged,
c) the statement on voting or the inside envelope containing the ballot is missing from the envelope,
d) the inside envelope has not been sealed,
e) the statement does not contain the voter's particulars or signature,
f) the voter's particulars indicated on the statement differ from the particulars indicated in the register at foreign representations,
g) the statement does not contain the authentication of the election office.
(3) If the voting document is invalid pursuant to paragraph (2), the reason for this shall be indicated on the outside envelope, and the contents of the outside envelope shall be placed in the outside envelope again, without opening the inside envelope that contains the ballot. These envelopes shall be bundled separately, and shall be stored at a safe place in the election office until they are annihilated.
(4) If the voting document is not invalid pursuant to paragraph (2), the inside envelope that contains the ballot shall be stored, without opening it, by the election committee until all outside envelopes have been opened. The statement on voting shall be bundled separately.