Home > 2.9 Electoral offences and sanctions > HUNGARY - Act C on Electoral Procedure
 
 
 
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Article 77
 

(1) Reserves may be lodged by anybody by referring to the infringement of any of the rules of law applying to elections or the basic principles of elections and the electoral procedure (§ 3) (hereinafter jointly referred to as violation). Reserves shall be lodged in such fashion that they are received the latest in three days from the date of committing the violation found injurious. The election committee shall decide the reserve submitted in three days from receipt thereof, or, in the event of remittal, from receipt thereof by the election committee entitled to adjudge it.
(2) Reserves shall contain
a) the indication of the violation,
b) the evidences of the violation,
c) the name, address (seat) and, if it is different from the address (seat), the postal notify address of the person having submitted the reserve,
d) either the fax number or the electronic e-mail address, or the delivery agent's name and fax number or electronic e-mail address of the person submitting the reserve within his/her own discretion.
(3) If the election committee deems that the election committee to whom the reserve has been submitted to is not entitled to adjudge it, the election committee will refer the case, the latest on the day following the date of the receipt thereof, to the election committee entitled to adjudge it, which is obliged to act in the case.
(4) The election committee may assign its powers pursuant to paragraph (3) to the chairman of the committee. If the election committee or its chairman does not refer the case to another election committee, the election committee will be obliged to act in the case.
(5) If it fails to arrive on time or contain what is set forth in clauses a)-c) of paragraph (2), the reserve shall be dismissed without examining it on the merits. If the reserve is referred to another committee, compliance with submitting the reserve within the defined time frame shall be examined regarding the date when it was received by the first election committee.
(6) The reserve may be withdrawn until the adoption of the election committee's resolution; however, the election committee may continue the procedure ex officio.
(7) Reserves against the activity of election offices at foreign representations will be decided by the National Election Committee. The reserve shall be lodged with the head of the election office at the foreign representation, who shall immediately forward it to the National Election Office by fax or in electronic format. The reserve may be also submitted directly to the National Election Office.