Home > 1.3.2.4 Aggregation procedure and election results > HUNGARY - Act C on Electoral Procedure
 
 
 
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Article 99
 

§ 99 (1) Appeals against the decision of the election committee determining the result of the elections [Section § 90/A (2) f), Section § 90/A (3) h)] shall be submitted in such fashion that it arrives the latest on the day following the decision of the election committee. The election committee entitled to adjudge the appeal will decide the appeal the latest on the day following the receipt thereof. Application for judicial revision against the resolution of the election committee shall be submitted in such fashion that it arrives the latest on the day following the decision of the election committee. The court will decide the application the latest on the day after it is addressed to it.
(2) If the election committee or the court have the election repeated, the election committee shall call the repeated election for the seventh day from the date of the election caused to be repeated.

§ 99/A. The provisions of Chapter I-X, and § 89 § 93 shall be properly applied in the election of the Members of the European Parliament with the deviations set forth in this chapter, providing that national program providers shall publish the political advertisements of nominating organisations setting up a list at least three times free of charge.

§ 99/B. The election shall be called for a date within the period determined by the European Community.

The publicity of the electoral procedure

§ 99/C. (1) The result of the election is published by the National Election Committee through the press. The informative data containing the unofficial result of the election and the result of the election may be published only after voting has finished in all the Member States of the European Union.
(2) The final result of the election aggregated nationally is published by the National Election Committee in the Official Gazette of Hungary.

§ 99/D. (1) Before 1 March of the year of the election, the National Election Office shall in a letter inform the citizens of other Member States of the European Union having domicile in Hungary about the conditions and the way of their right to vote; simultaneously, except for the citizens included in the register set forth Section § 99/E (3) which contains particulars of citizens of other Member States of the European Union added to the list earlier and not deleted from it, shall send them the form necessary for entering them in the register.
(2) Citizens of another Member State of the European Union who are not included in the register under Section § 99/E (3), may ask the head of the local election office of their domicile before 30 April of the year of the election to enter them in the register. The application shall include
a) the applicant's first name and family name,
b) the applicant' personal identification number,
c) the applicant's place of birth,
d) the applicant's domicile in Hungary, and the reference number of the document certifying the personal identification number and the address,
e) the applicant's nationality,
f) the applicant's statement that they exercise their right to vote only in the Republic of Hungary, and
g) the settlement, electoral district or constituency where the applicant was last included in the register in the State of the applicant's citizenship.
(3) The head of the local election office shall, on the strength of an application pursuant to paragraph (2), enter the applicant in the register before 4 May, if they are not included in the register of major citizens disfranchised.
(4) The head of the local election office shall immediately inform applicants that they have been entered in the register or that their inclusion in the register has been rejected, by sending them the resolution.
(5) Before 10 May of the year of the election, the head of the local election office shall forward the following data of the citizens of other Member States of the European Union entered in the register pursuant to paragraph (3) to the central office of particulars and address register:
a) the applicant's first name and family name,
b) the applicant's personal identification number,
c) the applicant's place of birth,
d) the applicant's domicile in Hungary,
e) the applicant's citizenship,
f) the settlement, electoral district, constituency where the applicant was last included in the register in the State of their citizenship.
§ 99/E. (1) The central office of particulars and address register maintains the register of the citizens of other Member States of the European Union registered. Citizens entered in the register pursuant to Section § 99/D shall be added to the list.
(2) The register of the citizens of other Member States of the European Union registered shall contain citizens' particulars pursuant to Section § 99/D (5).
(3) The register of the citizens of other Member States of the European Union registered shall be closed on polling day. In February of the year of the next European Parliamentary elections the register shall be updated with data taken from the particulars and address register and the register of major citizens disfranchised. Anyone whose right to vote has ceased, or who has requested that they should be deleted from the register shall be deleted from the register.
(4) The central office of the particulars and address register shall supply data from the register of the citizens of other Member States of the European Union registered, in 3 days from calling for the European Parliamentary elections, to the head of the competent local election office of the citizen's domicile, who shall when compiling the register of voters enter the citizens included in such register in the register of voters.
§ 99/F. Before 20 May, the National Election Office shall, on the strength of the supply of data by the central office of particulars and address register, inform the central bodies of the Member States of the European Union competent to receive such data during the European Parliamentary elections about their citizens who are included in the register of the citizens of other Member States of the European Union registered as set forth in § 99/E. The notification shall contain the following particulars of the persons concerned:
a) first name and family name,
b) gender,
c) date and place of birth,
d) citizenship,
e) the settlement, electoral district or constituency where the citizens concerned were last included in the register of the State of their citizenship.
§ 99/G. (1) In the European Parliamentary elections, on the strength of the notification received about Hungarian citizens entered in the register of voters in other Member States of the European Union, the voters concerned shall be entered in the register of voters exercising their right to vote abroad. This register is maintained, in compliance with provisions set forth with regard to maintaining the register of major citizens disfranchised, but separately from it, by the central office of particulars and address register. On the grounds of continuous supply of data received from the central office of particulars and address register, the voters included in the register of voters exercising their right to vote abroad
a. shall not be entered in the register, or
b. shall be deleted from the register, and shall be immediately informed of this fact at their address in Hungary
by the head of the local election office.
(2) On the strength of notification received from the National Election Office, the head of the local election office shall delete the citizens of other Member States of the European Union who have indicated in another Member State of the European Union that they intend to vote there from the register, and immediately inform them at their address in Hungary.

§ 99/H. At the request of the bodies of the Member States of the European Union entitled to handle data during the European Parliamentary elections, the central office of particulars and address register shall immediately supply data from the register of major citizens disfranchised on the suffrage of Hungarian citizens requesting that their name should be entered in the register in the Member State concerned in the European Parliamentary elections.

Register at foreign representations

§ 99/I. c.
§ 99/J. c.

§ 99/K. (1) In the European Parliamentary elections the following election committees are operated:
a) ballot counting committees,
b) local election committees carrying out the tasks of ballot counting committees at settlements having one constituency,
c) regional election committees,
d) the National Election Committee.
(2) In the European Parliamentary elections the following election offices are operated:
a) local election offices,
b) election offices at foreign representations,
c) parliamentary single mandate constituency election offices,
d) regional election offices,
e) the National Election Office.
(3) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and make out minutes thereof,
d) propose for the competent election committee to annul the results of the electoral district if it notices any violation of law that affects the results on the merits.
(4) The regional election committee shall
a) decide exclusively such election related reserves that concern its sphere of competence,
b) decide appeals against the ballot counting committee's resolution adopted pursuant to clause a) and b) paragraph (3),
c) initiate the decision of the body having powers, in the event any violation of law is made known to it.
(5) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of law and uniform legal practice regarding the elections, the standpoint works as a guideline, no appeal lies against it; the standpoint shall be published in the Official Gazette of Hungary,
b) decide the registration or dismissal of lists and the candidates included in them and of nominating organisations,
c) draw the sequence number of lists,
d) approve the data content of the ballot paper of the election of the Members of the European Parliament,
e) count the ballots cast at foreign representations, and determine the results of voting at foreign representations, and make out minutes thereof,
f) decide reserves regarding the activity of election offices at foreign representations, and any reserves that do not fall within the competence of the regional election committee,
g) decide appeals against the ballot counting committee's resolution adopted pursuant to clause c) paragraph (3),
h) decide appeals against the resolution of the regional election committee,
i) annul the results of voting if it establishes any violation of law that affects it on the merits,
j) determine that the lists of which nominating organisations have reached the % voting threshold of the extent defined in law,
k) determine who have obtained a seat out of the candidates on the lists,
l) determine and publish the result of the referendum,
m) issue the letter of appointment to the representatives who have obtained a seat,
n) initiate the decision of the body having powers, in the event of any violation of law is made known to it,
o) report on the referendum to the Parliament.

§ 99/L. (1) The provisions set forth in Chapter VII with regard to proposing candidates shall be properly applied to proposing lists.
(2) The list and the candidates included in the list shall be notified the latest before the 30th day prior to voting by delivering proposal coupons to the National Election Committee.
(3) Notification of citizens of other Members States of the European Union as candidates shall contain:
a) the candidate's first name and family name,
b) the candidate's personal identification number,
c) the candidate's domicile in Hungary and the reference number of the official certificate verifying their personal identification number and address,
d) the candidate's citizenship,
e) the settlement, electoral district, or constituency where they were last included in the register in the State of their citizenship,
f) the candidate's statement that they will stand as candidate only in the Republic of Hungary,
g) the candidate's statement that they have right to vote, accept nomination and has no position that is incompatible with a representative's mandate, or will resign from it in the event they are elected.
(4) To the notification of citizens of other Members Sates of the European Union as candidates, a certificate issued by a competent authority of the Member Sate of the candidate's citizenship shall be attached which verifies that the candidate is not subject to any provision in the Member State of their citizenship which stipulates that they may not be elected, or that the competent authority has no knowledge of anything that might disqualify them.
(5) By forwarding the data pursuant to clause a), d) and e) paragraph (3), the National Election Office shall inform the competent authorities of the Member States of the European Union about their citizens who have been registered as candidates by the National Election Committee.
(6) The National Election Committee shall refuse to register or shall delete candidates who have been registered as candidates in other Member States of the European Union.

§ 99/M. (1) The ballot paper contains the name of nominating organisations in the order drawn by the National Election Committee.
(2) On the ballot paper, in addition to the name of the nominating organisation, at the request of the nominating organisation, the abbreviated form of its name, the black-and-white print of its symbol or badge shall be indicated.
(3) In the event of fielding joint lists, the name of each nominating organisation shall be indicated on the ballot paper, and each nominating organisation may request that the abbreviated form of their name, the black-and-white print of their symbol or badge should be indicated.
(4) On the ballot paper, in the order notified by the nominating organisations, the name of as many candidates out of those put forward as candidates on the list shall be indicated as many representatives may be elected.
§ 99/N. c.

§ 99/O. (1) The ballots cast at foreign representations are counted by the National Election Committee. The result of the voting at foreign representations is determined by the National Election Committee in aggregated minutes.
(2) The National Election Office shall determine the result of the election on the basis of the minutes made out by ballot counting committees and minutes made out on the results of voting at foreign representations, the latest on the 6th day after voting.
(3) Independent motion lies against the decision of the ballot counting committee determining the result of the electoral district to be adjudged by the National Election Committee prior to determining the results of the elections.
(4) Applications for judicial revision against the National Election Committee's decision determining the results of the elections may be submitted by making reference to the compilation of electoral district results, the determination of the results of voting at foreign representations, or the violation of rules regarding the determination of the results of the elections.

§ 99/P. (1) Reserves against decisions of local election offices pursuant to Section § 99/D (3) and (4), Section 99/G (1) b) and (2) may be submitted in 3 days from receipt of the resolution.
(2) Appeals for judicial revisions against the decisions of the National Election Committee pursuant to Section § 99/L (6) may be submitted in 3 days from receipt of the resolution.

§ 99/Q. If an elected representative falls out, the political party may notify a candidate obtaining the seat to replace such representative falling out to the National Election Committee in 30 days from the seat having become vacant.