Act 100 of 1997

on Electoral Procedure

(abstract issue)

Pursuant to the Constitution of the Republic of Hungary, suffrage is universal and equal, voting is direct and secret. To ensure that the exercise of the right to vote, the process of elections, referendums and popular initiatives shall be democratic and based on proper guarantees, the Parliament shall make the following law:

The aim of the Act

§ 1 The aim of this Act is that voters, candidates and nominating organisations as well as election bodies may exercise their election related rights on the grounds of uniform, clearly arranged and simple rules of procedure, as laid down by law.

The scope of legitimate application

§ 2 This Act shall be applied with regard to

1. the election of the members of parliament;

2. the election of the Members of the European Parliament;

3. the election of the members and mayors of local governments

4. the election of local governments for minorities;

5. national referendums;

6. local referendums;

7. national popular initiatives;

8. local popular initiatives; and

9. the electoral procedures regarding which the Act orders that rules of law shall be applied [the provisions set forth in clauses a)-e) shall be referred to jointly as "the election"].

The basic principles of electoral procedure

§ 3 In the course of applying the rules of electoral procedure, the participants involved in the election shall assert the following basic principles:

 

1. to safeguard the fairness of elections, to prevent electoral frauds;

2. voluntary participation in the nomination, election campaign, voting;

3. equality of chances among candidates and nominating organisations;

4. exercise of rights in good faith, according to rules;

5. option and impartial adjudging of redress;

6. fast and authentic determination of the results of the elections.

General rules

§ 4 (1) The election shall be called for the latest 72 days before the day of voting.

(2) If the election committee or the court have the election repeated, the election committee shall appoint the seventh day from the date of the election caused to be repeated for the repeated election.

(3) The terms determined under this Act shall be forfeiture terms, they expire, for lack of any statutory provision to the contrary effect, at 4:00 p.m. on the last day of the term.

(4) The terms defined in days shall be calculated in calendar days.

§ 5 The expenses of implementing the state's responsibilities related to preparing and completing the elections shall be provided, to the extent defined by the Parliament, from the central budget. With regard to the use of these monetary assets, the State Audit Office shall inform the Parliament.

§ 6 (1) The operation and activity of election committees as well as the data available to election committees, except for the statutory exception, shall be public. The publicity of the electoral procedure may not infringe the secrecy of the election and the rights related to persons and personal data.

(2) The copies of the minutes recording the results of the elections shall be made available free of charge to the nominating organisations and independent candidates. The computerised data of the election may be required by anybody under the same conditions, against payment of a fee.

(3) On useful information regarding the election (such as the time and venue of voting, candidates, the posting of the register, the method of voting, the results of the election) the competent election office shall issue an announcement.

(4) The names of the members of the election committee and the head of the election office, the address of the office of the election bodies shall be published the way it is customary locally, and, the name of the members of the parliamentary single mandate constituency and the regional election committees in the official journal of the metropolitan, county convention, the details of the National Election Committee in the Official Gazette of Hungary.

(5) The election offices shall arrange for the voters to receive general information about the details of the elections and replies to their questions.

(6) On the day of voting, prior to the termination of voting, the election offices may provide information on the number and proportion of voters.

§ 7 The representatives of the media may be present while the election committees are working but may not disturb their activity.

§ 8 (1) From the eighth day prior to voting to the termination of voting, the results of public opinion polls regarding the elections may not be published.

(2) On the day of voting, public opinion research may be made subject to the following conditions:

1. the public opinion poll shall be anonymous, and based on voluntary participation;

2. the public opinion researchers may not enter the building where the polling-station is located, may not in any way harass voters, and may ask only those stepping out of the polling station.

§ 9 (1) The constituencies shall be established in such fashion that the number of the population per constituency should be approximately the same.

(2) When setting up constituencies, attention should also be paid to nationality, religious, historic, geographic and other characteristics.

§ 10 (1) The number, serial number and territorial division of electoral districts as well as the address of polling stations shall be ascertained by the head of the local election office in such fashion that approximately six hundred but maximum one thousand-two hundred voters should fall on each electoral district, and there shall be at least one electoral district in each settlement. The alterations regarding the setting up of electoral districts shall be monitored by the head of the local election office, who shall take the necessary measures.

(2) At settlements with two or more electoral districts, an electoral district shall be identified where voters whose address contain, pursuant to the rules of law on reporting address, only the name of the given settlement will vote. If there are two or more constituencies at the settlement, the head of the local election office shall identify the electoral district that falls under the constituency selected by him/her by a draw.

§ 11 From calling for the election to the day of voting, the borders, serial number, and the name of the settlement, the name of the street, the number of the house and the topographical lot number may not be changed.

The register

§ 12 After having called for the election, the head of the local election office shall compile, on the grounds of the data of particulars and address register and the registration of citizens of legal age not having right to vote, the register of citizens having right to vote, and shall continuously bring forward alterations in it.

§ 13 (1) The persons having right to vote whose domicile, or for lack of it, residence (hereinafter referred to as "address") is located in the electoral district shall be entered in the register.

(2) The register shall be compiled in such fashion that it should be suitable for identifying the capital, the county, the settlement, and the constituency, the electoral district and the voter. The register shall contain the voter's:

1. first name(s) and family name (in the event of women, also the maiden name);

2. personal identification number;

3. address;

4. serial number in the register;

5. the date of birth of the voters having identical names and addresses; or, in the event that their date of birth is identical, other natural identification data.

Displaying the register publicly

§ 14 (1) The register shall be publicly displayed 60 days before the day of voting, for eight days, and the time thereof shall be announced the way it is customary locally. Voters shall be informed about their having been entered in the register before the 58^th day prior to the day of voting the latest by sending them an information notice.

(2) The information notice shall contain the voter's first name(s) and family name, address, personal identification number, serial number in the register, other technical data, the time and venue of voting, as well as other useful information regarding the voting.

(3) The register publicly displayed shall not contain the personal identification number.

(4) The head of the local election office may commission another local election office, the operator or central office of the particulars and address register territorial system to produce the register, the information notices and the proposal coupons. The head of the local election office shall arrange to deliver the information notice and the proposal coupons. The head or member of the nominating organisation may not be commissioned to deliver the information notice and proposal coupons.

(5) The delivery of the information notice and the proposal coupon shall be checked by the head of the local election office.

(6) The voter who has not received the information notice and the proposal coupons, may apply for them at the local election office.

The modification of the register

§ 15 (1) The head of the local election office shall retroactively enter in the register the voter who has

1. been omitted from the register;

2. acquired right to vote after the register has been completed; and

3. regained his/her right to vote;

and shall inform the voter about this by sending an information notice.

(2) The head of the local election office shall delete from the register those who have deceased, who have lost their right to vote, or who have been entered in the register of another electoral district because their address has changed.

(3) The modified register may be inspected at the mayor's office before the second day prior to the day of voting.

§ 16 (1) If the voter has changed his/her address after the completion of the register, the head of the local election office of the new domicile shall, simultaneously with notification, enters him/her into the register, and informs him/her by handing over an information notice.

(2) The head of the local election office shall immediately inform the head of the local election office of the former domicile to ensure deletion from the register. The head of the local election office of the former domicile shall ex officio inform the head of the local election office of the new domicile about the fact that the voter was listed in the register; or

1. was listed in the register of citizens of legal age not having right to vote, and the reason thereof; or

2. has received a certificate pursuant to Articles 89 or 104; or

3. has been given a certificate pursuant to § 89 or § 104; or

4. was listed in the register at foreign representations; or

5. was not listed either in the register, or in the register of major citizens disfranchised, or in the register at foreign representations.

(3) In the event provided for under clauses a) and b) of paragraph (2), the head of the local election office of the former domicile shall delete the citizen from the register, or from the registration of citizens of legal age not having right to vote.

(4) In the event provided for under clause b) of paragraph (2), the head of the local election office of the new domicile shall delete the citizen from the register, enter him/her into the registration of citizens of legal age not having right to vote, and inform the citizen about this.

(5) In the event provided for under clause c) of paragraph (2), the head of the local election office of the new domicile shall delete the citizen, and inform the citizen about this.

(6) In the event provided for under clause d) of paragraph (2), the head of the local election office of the previous domicile shall not delete the voter from the register at foreign representations. The head of the local election office of the new address shall delete the voter from the register, and shall inform the voter about this and the fact that the register at foreign representations continue to include them.

(7) In the event set forth in clause e) paragraph (2) the head of the local election office of the new address shall ascertain if the right to vote holds by confirming data with the central office of particulars address register.

Registration of citizens of legal age not having right to vote

§ 17 (1) In order to ascertain right to vote, the bodies defined under clauses a)-c) shall continuously make alterations in the data pursuant to paragraph (2) of citizens of legal age not having right to vote known to the central office of the particulars and address register as follows:

1. public guardianship authorities proceeding in cases of guardianship about placing in charge of a guardian limiting or excluding ability to act and the termination of such guardianship;

2. the National Penal Authorities, through the agency registering delinquents, about persons subject to a judgment at law barring them from public affairs;

3. the National Penal Authorities about citizens serving sentence of confinement, and undergoing compulsory therapy at an institution ruled with legal force in criminal procedure;

(2) The information pursuant to paragraph (1) shall contain the citizen's:

1. first name(s) and family name (in the event of women, also the maiden name);

2. personal identification number;

3. the reason for, commencement and expected termination of the exclusion from exercising suffrage.

(3) The central office of the particulars and address register shall maintain the registration of citizens of legal age not having right to vote by applying data made available pursuant to paragraph (1); shall ensure such maintenance with respect to details of particulars and address by regularly taking over data from the particulars and address register.

(4) If a citizen has regained his/her suffrage, or is no longer subject to the particulars and address register, his/her data shall be annihilated. The data of citizens deleted from the registration of citizens of legal age not having right to vote shall be retained for six months.

§ 18 (1) The registration of citizens of legal age not having right to vote shall be handled by the agency handling it separately from its other records, except for the register, and may be used for no other purpose than ascertaining suffrage; data taken from it may not be disclosed for any other purpose.

(2) The central office of the particulars and address register may supply data from the registration of citizens of legal age not having right to vote to election committees, election offices and the court, and, in the proceeding of electing lay assessors, to mayors to ensure the completion of elections, and the authentication of the data of those signing the initiative of referendums and popular initiatives.

(3) The central office of the particulars and address register shall check the candidates' suffrage on the grounds of the data of the registration of citizens of legal age not having right to vote and the particulars and address register, and shall immediately advise the relevant election office about lack of suffrage.

(4) The central office of the particulars and address register may check the suffrage of elected representatives on the grounds of the data of the registration of citizens of legal age not having right to vote and the particulars and address register, and shall immediately advise the relevant election office about lack of suffrage.

(5) Any citizen of legal age may request of the central office of particulars and address register to verify that on the grounds of the register of voters of legal age disfranchised nothing disqualifies them from exercising their right to vote.

§ 19 The registration of citizens of legal age not having right to vote may be connected to the local, regional or central particulars and address register, covering the population of the constituency involved in the election, from the date of calling for the election to the date of publishing the final results of the election, for the purpose of ascertaining suffrage. Such connection shall be immediately terminated after the terms of redress related to the elections have expired.

§ 20 The registration of citizens of legal age not having right to vote is not public, it may be inspected by no other than the relevant person, the court, the election committee and the members of the election office.

Election committees

§ 21 (1) The election committees shall be citizens' independent bodies subject to nothing but the law, whose prime responsibility is to ascertain the results of the elections, to ensure the fairness of the elections, to enforce impartiality and, when necessary, to restore the legal order of the elections.

(2)

1. Ballot counting committees;

2. local election committees;

3. parliamentary single mandate constituency election committees;

4. regional election committees;

5. the National Election Committee

shall be election committees.

(3) During the term of its operation, an election committee is deemed to be an authority and its members public officials.

(4) The members of the election committee shall be exempted from performing work stipulated by law on the day following voting, and are entitled to receive average wages for this period to be paid by the employer. The employer may apply for reimbursement of the wages the member of the committee is entitled to receive within five days after the election, from the election office operating beside the election committee, in the event of ballot counting committees, from the local election office.

Members of the election committee

§ 22 (1) With the exception of paragraphs (3)-(4) of Articles 24 and 25 as well as 27, only voters having an address in the constituency may be members of the election committee, and only voters having an address in the settlement may be members of local election committees.

(2) The President of the Republic, state leaders, heads of administrative offices, representatives, chairmen of county conventions, mayors, county/capital-clerks, members of election offices, civil servants of administrative bodies operating in the scope of competence of the election committee, or candidates running in the constituency shall not be members of an election committee.

(3) In addition to those stipulated under paragraph (2), members of organisations nominating candidates in the constituency, and relatives of candidates running in the constituency may not be elected members of an election committee.

(4) The election committees that may establish a decision-making, decision reviewing relation with each other in redress procedure shall not consist of members who are kin.

§ 23 (1) The three members of the ballot counting committee and the necessary alternate members shall be elected by the body of representatives of the local government of the settlement subsequent to calling for the general elections of members of parliament, the latest on the 20^th day prior to the day of voting; and the head of the local election office shall submit a motion on their person. At settlements having one constituency, no separate ballot counting committee shall be elected [clause l) paragraph (2) Article 31].

(2) The three, or, at settlements having one constituency, five members of the local election committee and the necessary number of alternate members shall be elected by the body of representatives of the local government of the settlement subsequent to calling for the general elections of the members and mayors of local governments, the latest on the 51^st day prior to the day of voting; and the head of the local election office shall submit a motion on their person.

(3) The three members and the necessary number of alternate members of the parliamentary single mandate constituency election committees, and the regional election committees respectively shall be elected by the metropolitan, county conventions; and the head of the local election office shall submit a motion on their person.

(4) The five members and the necessary alternate members of the National Election Committee shall be elected by the Parliament; and the Minister of the Interior shall, taking the parties' recommendations into consideration, submit a motion on their person.

(5) The elected members of the election committees pursuant to paragraphs (3)-(4) shall be elected subsequent to calling for the general elections of the members of parliament, the latest on the 51^st day prior to the day of voting.

§ 24 If the election of the members of the ballot counting committee or the local election committee, due to the low number of the population or rules of incompatibility, or because the body of representatives is hindered from acting, does not take place before the end of the term stipulated by law, the members shall be immediately delegated by the regional election committee at the motion of the head of the local election office.

§ 25 (1) One further member, in addition to those referred to in Article 23, of each election committee shall be delegated either by the nominating organisation putting forward candidates or setting up a list in the constituency, or by the independent candidate.

(2) The delegated members of the election committees shall be notified to the chairman of the election committee before the 16^th day prior to the day of voting.

§ 26 (1) The commission of the delegated members of the election committee shall last until the statutory meeting of the election committee set up for the next general elections determined under Article 23.

(2) The commission of the delegated member of the election committee shall cease, with the exception of the provisions set forth under paragraph (3), simultaneously with publishing the results of the election.

(3) The commission of the members delegated into National Election Committee by the parties setting up a representative group at the constituent assembly of the Parliament, pursuant to Article 25, shall last until the date defined in paragraph (1), or the winding up of the faction. The parties which have not delegated any member into the National Election Committee pursuant to Article 25, but have set up a representative group in the Parliament, may delegate one member each, whose commission shall last until the date defined in paragraph (1), or the winding up of the faction.

(4) The commission of the member of the election committee shall cease, in addition to the provisions set forth under paragraphs (1)-(3):

1. if the statutory conditions of the commission shall cease;

2. if the election committee has ascertained the incompatibility of its member;

3. through resignation;

4. by withdrawing the commission.

§ 27 (1) An elected member of the election committee who has died, or whose commission has, for reasons defined under paragraph (4) Article 26, terminated, shall be replaced by an alternate member. For lack of an alternate member, the body of representatives of the local government of the settlement, or the metropolitan, county convention or the committees designated by them, in the event of the National Election Committee, the Parliament shall elect a new member.

(2) A delegated member of the election committee who has died, or whose commission has, for reasons defined under paragraph (4) Article 26, terminated, may be replaced by the nominating organisation, the independent candidate, or the representative group by delegating a new member.

(3) The procedure set forth under Article 24 shall be applied when, due to reasons defined therein, the new member into the ballot counting committee or the local election committee has not been elected.

(4) If, on the day of voting, the number of the members of the ballot counting committee is less than five, the head of the local election office may supplement the committee by adding alternate members or members from other ballot counting committees. If it is not possible to supplement the ballot counting committee in such fashion, then the head of the regional election office shall arrange for same by delegating members or alternate members of ballot counting committees of other settlements having taken an oath.

§ 28 (1) The members of the election committee shall take an oath in the presence of the competent mayor, the Mayor of the capital, the chairman of the county convention, or the Speaker of the Parliament. The text of the oath shall be stipulated in Annex 1.

(2) The election committee, once it has elected its members and they have taken an oath, shall hold a statutory meeting. At the statutory meeting, it shall elect its chairman and its deputy from the elected members.

(3) The election committee shall be represented by its chairman. If the election committee has no chairman or the chairman is hindered from acting, the chairman's responsibilities shall be met by its deputy.

(4) The rights and obligations of the elected and commissioned members are identical, with the exception that delegated members are not entitled to receive any fee.

The decision of the election committee

§ 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) The decision of the election committee shall be enshrined in a resolution supported with reasons. Minority opinions, together with their supporting reasons, shall be also recorded in the minutes.

The ballot counting committee

§ 30 (1) The ballot counting committee shall consist of minimum five members.

(2) The ballot counting committee shall

1. check the polling station, conduct voting, arrange for the lawful completion of voting;

2. make decisions on disputed issues arising in the course of voting;

3. count ballots, and ascertain the results of the election at the polling station;

4. propose the annulment of the results of voting at the polling station to the election committee when it has recognised any violation of law that has materially affected such results.

5. issue minutes on the results of voting.

The local election committee

§ 31 (1) The local election committee shall consist of minimum three, or, at settlements having one constituency, five members.

(2) The local election committee shall

1. make decision on registering candidates, lists, nominating organisations or refusing them;

2. select the serial number of lists by a draw;

3. approve the data content of the ballot papers of the settlement;

4. make decisions on reserves submitted;

5. annul the results of voting, if it has ascertained any violation of law that has materially affected such results;

6. in the event of equal number of votes, select by a draw which candidate shall be given a seat;

7. ascertain and publish the results of the election;

8. issue the letter of appointment to the representatives and mayors who are subject to its scope of competence;

9. call for by-elections, and ascertain the deadlines calculated according to calendar days for them;

10. in the event any violation of law has been made known to it, initiate the decision of the body having power;

11. call for the election of the local government for minorities;

12. at settlements having one constituency, meet the responsibilities of the ballot counting committee.

Parliamentary single mandate constituency election committee

§ 32 (1) The parliamentary single mandate constituency election committee shall consist of minimum three members.

(2) The parliamentary single mandate constituency election committee shall

1. make decisions on registering entering candidates, nominating organisations or refusing them;

2. approve the data content of the ballot papers of the constituency;

3. make decisions on reserves submitted;

4. annul the results of voting, if it has ascertained any violation of law that has materially affected such results;

5. ascertain and publish the results of the election;

6. issue the letter of appointment to the representative of the single mandate constituency;

7. initiate the call for by-elections with the National Election Committee;

8. in the event any violation of law has been made known to it, initiate the decision of the body having power;

Regional election committee

§ 33 (1) The regional election committee shall consist of minimum three members.

(2) The regional election committee shall

1. make decisions on registering lists and candidates indicated on them or refusing them;

2. select the serial number of lists by a draw;

3. approve the data content of the ballot papers of the constituency;

4. make decisions on reserves submitted;

5. annul the results of the election, if it has ascertained any violation of law that has materially affected such results;

6. ascertain and publish the results of the elections;

7. issue the letter of appointment to the representatives who are subject to its scope of competence;

8. in the event any violation of law has been made known to it, initiate the decision of the body having power;

National Election Committee

§ 34 (1) The National Election Committee shall consist of minimum five members.

(2) The National Election Committee shall

1. issue a standpoint to ensure uniform interpretation of the rules of law and uniform legal practice with respect to the elections; no redress shall lie against such standpoint; the standpoint shall be published in the Official Journal of Hungary;

2. make decisions on registering lists and candidates indicated on them, nominating organisations or refusing them;

3. select the serial number of lists by a draw;

4. approve the data content of the ballot papers of the election of the Members of the European Parliament and national referendums;

5. make decisions on reserves submitted;

6. annul the results of the election, if it has ascertained any violation of law that has materially affected such results;

7. ascertain which nominating organisations have attained the voting threshold of the % determined by law;

8. ascertain who have obtained a seat in parliamentary elections out of the candidates on national lists, and in the election of the Members of the European Parliament out of the candidates on lists;

9. issue the letter of appointment to representatives who have obtained a seat;

10. ascertain and publish the results of the elections aggregated nationally;

11. call for parliamentary by-elections, and ascertain the deadlines thereof calculated according to calendar days;

12. in the event any violation of law has been made known to it, initiate the decision of the body having power;

13. report on the general elections of parliamentary representatives and members of local governments, and on national referendums to the Parliament;

14. proceed in any and all matters referred to its sphere of authority by law.

Election offices

§ 35 (1) Election offices are bodies fulfilling the state's responsibilities in connection with preparing, organising, conducting the elections, informing voters, candidates and nominating organisations without any party bias, handling electoral data, creating technical conditions, checking compliance with statutory conditions and professional rules.

(2) Except for ballot counting committees, an election office shall operate beside each election committee, and at foreign representations. Beside the ballot counting committee one member of the local election office shall act as the keeper of the minutes.

(3) The head of the local and the parliamentary single mandate constituency election office shall be the relevant clerk; the head of the regional election office shall be the county/capital-clerk. The head of the election office at foreign representations shall be delegated by the head of the National Election Office for the period of the election of the Members of the European Parliament.

§ 36 (1) The members of the election office shall be delegated by the head of the election office, the head and members of the National Election Office by the Minister of the Interior for an indefinite term. The members of election offices at foreign representations shall be delegated by the head of the National Election Office for the period of the election of the Members of the European Parliament.

(2) The head of the election office shall take an oath in the presence of the head of the superior election office. The members of the election office and the head of the National Election Office shall take an oath when delegated in the presence of the official delegating them. The text of the oath shall be set forth under Annex 1.

§ 37 (1) Only public officials and civil servants may be delegated to the election office as members. Members of the staff of diplomatic missions who are Hungarian citizens may be also delegated to election offices at foreign representations as members or head.

(2) Representatives, chairmen of county conventions, mayors, members of election committees, persons running as candidates in the constituency and their kin, or nominating organisations putting forward candidates in the constituency shall not be members of the election office.

(3) If any reason for exclusion arises against the head of the election office, such head shall immediately make such reason known to the head of the superior election office, the head of the National Election Office to the Minister of the Interior, who shall appoint a new head of the office. The members of the election office shall immediately inform the head of the election office about any reason of exclusion arising against them, who shall recall them.

§ 38 (1) The responsibilities of the election office shall be to:

1. publish an announcement regarding the date of the election, useful information related to the election, nomination, voting, and the number of proposals necessary for valid nomination;

2. publish the names of the candidates, nominating organisations of the constituency, and the fact of nominating independent candidates;

3. publish the name of the members of the election committees and the head of the election office, the address of the office of the election bodies;

4. organise training for the members of election bodies, provide voters with information free of party bias;

5. operate the information systems of the election;

6. fulfil technical tasks related to checking the proposal of candidates;

7. operate the computer program detecting election frauds;

8. meet other responsibilities defined under the Decree of the Minister of the Interior.

(2) The election office may within its scope of duty publish public service publications, announcements.

§ 39 (1) The professional activity of election offices shall be controlled by the Minister of the Interior through the head of the National Election Office.

(2) The head of the National Election Office to the heads of other election offices, the head of the regional election office to the head of the parliamentary single mandate constituency and the local election office subject to his/her scope of competence, the head of the parliamentary single mandate constituency election office to the head of the local election office subject to his/her scope of competence may give direct instructions with regard to fulfilling the tasks determined under this Act.

(3) The mayor, the body of representatives, and the convention and its official may not give instructions to the head of the election office with regard to fulfilling tasks related to preparing and conducting the elections.

Campaign period

§ 40 (1) The election campaign shall last from the call for the election to 0:00 hours of the day prior to voting.

(2) From 0:00 hours on the day prior to voting to the termination of voting it is prohibited to run any election campaign (campaign silence period).

Infringement of the campaign silence period

§ 41 Any influencing of the will of the voters shall be deemed infringement of the campaign silence period, thus, especially services provided free of charge to voters by the candidate or the nominating organisation (organised transportation to the polling station; supplying food and drinks), distributing party badges, flags, party symbols, tokens containing the candidate's photograph or name, placement of election posters (hereinafter referred to as "posters"), providing information in electronic or other form suitable for influencing the voters' will.

Posters

§ 42 (1) Until the end of the election campaign the nominating organisations and candidates may produce posters without permission. Posters shall be considered products of the media, which may be produced without permission or notification. In other respects, the rules of law on the media shall apply.

(2 ) Posters, except for the cases defined under paragraphs (3)-(6), may be placed without any limitation.

(3) Posters may not be placed on the wall of buildings, fences unless with the consent of the owner, the tenants. or, in the event of real estates owned by the state or the local government, the party that exercises trustee's right.

(4) On certain public buildings or on specific parts of public domain, the placement of posters may be prohibited by the local government, in the capital by the municipality of the capital for reasons of protection of monuments and the environment. It is prohibited to place posters on or inside buildings that serve as premises for public or local government authorities.

(5) With regard to the placement of self-standing advertising equipment serving the election campaign the rules on using the public domain shall apply.

(6) Posters shall be placed in such fashion that they should not cover the posters of other candidates or nominating organisation, and that they may be removed without causing any damage. Posters shall be removed in 30 days from the day of voting by those who have placed them or on behalf of whom they have been placed.

Meeting

§ 43 (1) Election meetings are public. The organiser of the meeting shall arrange for the maintenance of order.

(2) For the purposes of the election campaign, state and local government budgetary agencies may make premises and other necessary equipment available to the nominating organisations under equal conditions. In buildings serving as premises for state or local government authorities its is prohibited to run any election campaign, hold meetings, except at settlements with less than five hundred inhabitants, provided that no other community building is available for this purpose.

Radio and television transmission

§ 44 (1) During the campaign period program providers may publish political advertisements under equal conditions for nominating organisations and candidates. No opinion, assessing explanation shall be attached to such political advertisements.

(2) With regard to the broadcasters' participation in the election campaign, in other respects, the provisions of the law on radio and television shall apply.

Supply of data

§ 45 (1) The central office of the particulars and address register shall deliver the first name(s) and family name and address of voters indicated in the register to the candidates, nominating organisations at their request, for payment of a fee, under equal conditions, after the 20^th day prior to the day of voting. This service may be applied for also in a gender, age group or address breakdown.

(2) A copy of the register publicly displayed shall be delivered by the head of the local election office on the grounds of a claim reported in writing by the candidate, the nominating organisation, against payment of a fee, under equal conditions, after the 20^th day prior to the day of voting, maximum in electoral district breakdown, to the candidate, the nominating organisation.

(3) The details of the supply of data provided pursuant to paragraph (1)-(2) may be used solely for the purposes of the election campaign. It is prohibited to exploit them for any other purpose, or disclose them to unauthorised persons, organisations, other candidates or nominating organisations. The details of the supply of data shall be annihilated on the day of voting, and the minutes made out thereof shall be submitted to the provider of the data.

(4) For the purposes of the election campaign, apart from the head of the local election office, and the central office of the particulars and address register, other state or local government bodies shall not disclose personal data from their own registration to candidates, nominating organisations.

§ 46 (1) Candidates may be proposed on proposal coupons. Proposal coupons shall be forwarded to voters together with the information notices.

(2) Candidates may be proposed by voters whose domicile is located in the constituency.

(3) Candidates may be proposed before the 23^rd day prior to voting.

(4) Proposals may not be withdrawn.

§ 47 (1) Candidates may be proposed on the proposal coupon by delivering the coupons filled in to the representative of the candidates, or the nominating organisations.

(2) The proposal coupons forwarded to voters shall contain the name of the election. The proposing voter shall indicate his/her first name(s) and family name, address, personal identification number, the first name(s) and family name of the person proposed, the name of the nominating organisation, or the fact of nominating an independent candidate. The proposal coupon shall be signed by the voter with his/her own hand.

§ 48 (1) Proposal coupons may be collected, except for the provisions set forth under paragraph (2), anywhere without harassing citizens.

(2) Proposal coupons may not be collected:

1. at places of work during working hours, or in the course of fulfilling obligations of performing work arising from employment relation or other legal relation aimed at performing work;

2. from persons being in service relation at the armed forces and police authorities, at the place of service, or during fulfilling service responsibilities;

3. on means of public transport;

4. at the offices of state and local government bodies.

(3) It is prohibited to either give or promise benefits to the proposer or in consideration of him/her to another person for the proposal, or ask for, accept benefits or promised benefits for the proposal.

Joint candidate

§ 49 (1) Joint candidates may be nominated only on the grounds of proposal coupons on which all of the nominating organisations putting forward the given joint candidate are indicated.

(2) If several nominating organisations run a candidate jointly, they shall be considered hereinafter, for the purposes of the elections, one nominating organisation.

Invalid proposals

§ 50 (1) Proposals which have been

1. submitted not on official proposal coupons;

2. submitted not on proposal coupons filled in pursuant to paragraph (2) Article 47;

3. collected by infringing the rules of proposing

shall be invalid.

(2) Any and all of the proposals of those who have proposed one and the same candidate more than once shall be invalid.

(3) Any and all of the proposals of those who have proposed more than one candidate shall be invalid.

Notification of the nominating organisation

§ 51 (1) Nominating organisations that intend to put forward candidates or set up lists shall be notified with an authentic copy of their court registration as follows:

1. if the nominating organisation intends to put forward a candidate or set up list in several counties, or both in the area of the capital and in the territory of some county, at the National Election Committee;

2. if the nominating organisation intends to put forward a candidate only in one county, or within the area of the capital but in several parliamentary single mandate constituencies, or at several settlements, at the regional election committee;

3. if the nominating organisation intends to run a candidate only in one parliamentary single mandate constituency, or only at one settlement, at the parliamentary single mandate constituency election committee, or the local election committee.

(2) The National Election Office shall maintain records of the nominating organisations notified or enter in the register.

(3) Candidates or lists may be presented only by nominating organisations notified pursuant to paragraph (1) and entered in the register in compliance with Article 55.

Notification of the candidate

§ 52 (1) Candidates shall be notified the latest on the 23^rd day prior to voting by delivering the proposal coupons at the competent election committee.

(2) The notification shall contain the candidate's first name(s) and family name, personal identification number, address, and a declaration that he/she

1. has right to vote;

2. has accepted the nomination;

3. has no such function that is incompatible with the representative's or mayor's mandate, or that, in the event he/she is elected, will resign it.

(3) If in the constituency two or more voters with identical first name(s) and family name intend to stand as candidates, the person notified later is obliged to arrange that he/she could be differentiated, by indicating a letter mark or second first name, from the candidate notified earlier.

Notification of the list

§ 53 (1) Lists shall be set up by delivering the certificate made out pursuant to paragraph (1) Article 55 which confirms that the necessary number of candidates required for setting up a list, or the list have been notified or entered in the register.

(2) The provisions set forth under paragraph (2) Article 52 shall be applied also with respect to the candidates indicated on the list.

(3) Maximum three times as many candidates may be indicated on the list as many seats can be obtained on the list. The order of the candidates indicated on the list shall be determined by the nominating organisation, which may not be altered after the list has been notified. If any of the candidates have been eliminated from the list, he/she shall be replaced with the candidate coming next on the list.

Checking proposals

§ 54 (1) The proposals shall be checked by the competent election office.

(2) The checking of the proposals shall represent checking proposals numerically and in view of the provisions stipulated under paragraphs (2) Article 46, and clauses a)-b) paragraph (1) as well as paragraphs (2)-(3) Article 50, furthermore verifying the identity of the voters delivering the proposal coupons.

Registering the nominating organisation, the candidate and the list

§ 55 (1) Regarding the notification of the nominating organisation, the candidate and the list, the election office, regarding entering them in register, the election committee shall issue a certificate.

(2) The competent election committee shall enter each nominating organisation, candidate and list having complied with statutory conditions in register, in three days from notification.

§ 56 (1) The election committee shall refuse to enter the nominating organisation in register if the nominating organisation has not complied with statutory conditions.

(2) The election committee shall refuse to enter the candidate in register if the nomination has not complied with statutory conditions, or the candidate has not made the statement prescribed by law.

(3) The election committee shall refuse to enter the list in register, if the nomination has not complied with statutory conditions.

Provisions regarding the candidate

§ 57 If a voter has been proposed for candidate on several places within a single type of nomination, then he/she shall state the latest before the 19^th day prior to the election which nomination he/she accepts.

§ 58 The candidate shall be eliminated if he/she has in writing either renounced nomination before the commencement of voting, or lost his/her suffrage, or died. The name of the eliminated candidate shall be deleted from the registration and the ballot papers.

Protection of data related to proposals

§ 59 (1) It is prohibited to make copies of the proposal coupons. The technical records maintained in order to ascertain the validity of the nomination shall not be considered such copy.

(2) The data of the proposal regarding the proposing person shall not be public. In the event of any reserve, the data of the proposal coupon and the technical records may be checked by the competent election committee, the election office and the court.

(3) The proposal coupons and the technical records shall be annihilated by the competent election office on the day of the election.

(4) The nominating organisation's title to nominate may be checked by the election committee in the records of social organisations registered by court.

§ 60 The candidate shall annihilate the proposal coupons not submitted, in three days from the expiry of the term available for submitting them, and shall draft minutes about such action. The minutes shall be delivered to the election committee in three days.

Time, date and venue of voting

§ 61 (1) It is possible to vote from 6:00 a.m. to 7:00 p.m. on the day of voting. If the local circumstances justify it, the local election committee, or the parliamentary single mandate constituency election committee may order that the voting shall terminate at 5 o'clock.

(2) Only in person, and, with the exceptions referred to in law, only at the polling station designated in accordance with to the voter's domicile is it possible to vote.

(3) In order to make it possible for them to vote, voters hindered from movement, shall be, at their request, visited by two members of the ballot counting committee with a mobile ballot box.

(4) The polling station shall not be closed during the term of voting, and the voting shall not be extended, or, except for extraordinary events, interrupted. If on the day of voting the number of the members of the ballot counting committee becomes less than three, or voting has become impossible due to external reasons beyond control, those present are obliged to immediately suspend voting, sequester the ballot box and the documents, and immediately advise the head of the local election office with regard to the fact of such suspension to ensure the lawful continuation of the voting.

§ 62 (1) The polling station may not be in a building used by the candidate or the nominating organisation.

(2) The necessary number of polling booths required for the smooth running of voting but minimum two of them shall be established in each polling station. For voting, a pen shall be placed in the polling booth.

(3) For the purposes of voting, two or more ballot-boxes shall be erected in each polling station.

Commencement of voting

§ 63 Once the election documents, printed matters have been placed, until the commencement of voting, apart from the members of the ballot counting committee and the election office, nobody shall stay in the polling station.

§ 64 (1) Prior to the commencement of voting, the ballot counting committee shall in the presence of the voter who is the first to cast his/her ballot, and who shall not be a member of the ballot counting committee, examine the state of the ballot-box. The result of such examination shall be recorded in the polling minutes.

(2) The ballot-boxes shall in the presence of the voter who is the first to cast his/her ballot be sealed in such fashion that no ballot could be removed from them without taking them apart. After that, the ballot counting committee shall place a review sheet, which contain the time and date of placing such review sheet and the signatures of the members of the ballot counting committee present and the citizen who is the first to cast his/her vote into the ballot-box.

The process of voting

§ 65 (1) The chairman of the ballot counting committee shall be responsible for the maintenance of order in the polling station and its vicinity on the day of voting; the measures taken by the chairman to maintain order shall be binding on everybody.

(2) During the term of voting voters may stay in the polling station no longer than required for exercising suffrage.

§ 66 (1) In the polling station only those voters may vote who are indicated in the register, or who are entered in the register by the ballot counting committee.

(2) The ballot counting committee shall on the grounds of a certificate suitable for verifying identity and address verify the identity of the person who intends to vote and whether such person is indicated in the register. The ballot counting committee shall enter in the register the voter who

1. has a certificate;

2. certifies that his/her address is located within the area of the constituency, provided that he/she is not listed in the registration of citizens of legal age not having right to vote.

(3) The ballot counting committee shall refuse voters who cannot properly certify their identity and address, or who, for lack of statutory conditions, may not be entered in the register. The ballot counting committee shall draft a list about such persons.

§ 67 (1) If there is nothing to prevent voting, the ballot counting committee shall hand the ballot paper over to the voter and, in the presence of the voter, affix an official seal to it.

(2) The ballot counting committee shall, when necessary, without influencing the voter, explain the process of voting.

(3) When a candidate is eliminated after the ballot papers have been produced, the ballot counting committee is obliged to inform voters about this fact on a public notice placed in the polling station, and, when necessary, orally. The name of the candidate eliminated shall be crossed out on the ballot paper.

(4) Receipt of the ballot paper shall be verified by voters by singing the register with their own hand. On behalf of voters unable to write, while indicating this fact, two members of the ballot counting committee shall sign the register.

§ 68 (1) For filling in the ballot paper, there are polling booths at the voters' disposal. Voters may not be obliged to use the polling booth.

(2) During the time of filling in the ballot paper, only the voter may stay in the polling booth. Voters who cannot read, or are prevented from voting by other physical handicap or any other cause, may use the assistance of another voter, for lack of same, the joint assistance of two members of the ballot counting committee.

§ 69 (1) Only on candidates, lists, referendum questions (in this chapter referred to jointly as "the candidate") indicated on the official ballot paper is it possible to cast a valid vote. The samples of ballot papers are defined under Annexes 2-10.

(2) It is possible to vote on the candidate with two intersecting lines written with pen in the circle under, above or beside the name of the candidate.

(3) The ballot paper

1. to which no official seal has been affixed;

2. which contains more votes than defined by law

shall be invalid.

(4) The vote which

1. has been cast on a ballot paper deemed invalid pursuant to paragraph (3);

2. has been cast not in compliance with paragraph (2);

3. has been cast on a candidate eliminated

shall be invalid.

(5) It shall not affect the validity of the vote, provided that it complies with other conditions, if any remarks are made on the ballot paper, the order of the candidates has been changed, the name of the candidate has been crossed out, or, a name has been added.

§ 70 (1) Voters shall put the ballot paper into an envelope, and, in the presence of the ballot counting committee, cast it into the ballot-box.

(2) If the voter, before placing it in the ballot-box, indicates that he/she has incorrectly filled in the ballot paper, the ballot counting committee shall withdraw such incorrectly filled in ballot paper and replace it by issuing a new ballot paper and record this fact in the minutes. Only once per person may the committee issue a new ballot paper to replace an incorrectly filled in one.

§ 71 (1) The chairman of the ballot counting committee shall close the polling station at 7:00 p.m. The voters who are staying in the polling station or in its entrance-hall may still vote. After that the ballot counting committee shall close voting.

(2) After voting has been closed, no ballots may be accepted.

Counting ballots

§ 72 (1) The members of the ballot counting committee present are obliged to jointly count each ballot paper.

(2) The ballot counting committee shall first arrange unused and spoiled ballot papers into separate bundles and seal the bundles in such fashion that no ballot paper can be either removed or inserted without damaging the seal.

(3) The ballot counting committee shall before opening the ballot-box check if the ballot-box is undamaged, open the ballot-box and make sure of the existence of the review sheet, then compare the number of the ballot papers in the ballot-box to the number of persons having cast votes in the electoral district, and ignore the empty envelopes cast into the ballot-box.

(4) After that, the ballot counting committee shall arrange into a separate group and count up the invalid ballot papers. Shall write the reason for invalidity on the back of the ballot paper, which shall be signed by the members of the ballot counting committee present. Shall arrange invalid ballot papers into a separate bundle, and seal the bundle in such fashion that no ballot paper can be either removed or inserted without damaging the seal. The serial number of the electoral district and the number of ballot papers included in the bundle shall be written on the bundles.

(5) If the ballot counting committee ascertains that the ballot-box contains a ballot paper cast by a person not having right to vote in the given electoral district, it shall declare, according to the number of persons having unlawfully voted, one vote per candidate out of the valid votes cast on candidates invalid.

(6) The valid ballot papers shall be counted separately for each candidate, and then shall be arranged into bundles in compliance with paragraph (4). The number of valid votes separately for each candidate shall be written on the bundles.

(7) If the difference between the ballots attained by the two candidates who have won the most votes does not reach one percent of the valid ballots cast on all of the candidates, or, the difference between their ballots is less than the number of invalid ballots, then the ballot counting committee is obliged to recount the valid and invalid ballots. Recounting shall be pursued until its result becomes identical with the result of any of the previous countings. This result and the fact of recounting shall be recorded in the minutes.

Ascertaining the results

§ 73 (1) After having counted the ballots, the ballot counting committee shall ascertain the results of the election for the electoral district.

(2) The competent election committee shall on the grounds of the minutes made by the ballot counting committees aggregate the ballots and ascertain the results of the election the latest on the day following the day of voting.

Minutes

§ 74 (1) With regard to the counting up of ballots and the ascertaining of the electoral district and election results, minutes shall be made. Minutes may not be drawn up with pencil.

(2) Minutes shall be made out in three copies, which shall be signed by the members of the ballot counting committee present.

(3) The relevant election committee shall deliver one copy of the minutes, at their request, to the representatives present of each candidate respectively. After multiplication, the copy shall be authenticated by the chairman of the election committee by affixing the print of the seal to it and signing it.

§ 75 (1) The ballot counting committee shall immediately transport the minutes, the election documents, printed matters and ballot papers, together with the ballot-box, to the local election office.

(2) One copy of the minutes may be inspected at the relevant election office in three days from the day of voting.

(3) The ballot papers shall be placed at the mayor's office, in the presence of the members of the relevant election committee, and shall be retained for 90 days in such fashion that unauthorised persons could not have access to them. In the event of any reserve regarding the results of the election, the relevant ballot papers shall be retained until the case has been settled with legal force. After 90 days, the election documents, except for the minutes, shall be annihilated.

(4) After 90 days have passed, the first copy of the minutes shall be delivered to the relevant archives.

Data sheet

§ 76 (1) The keeper of the minutes of the ballot counting committee shall immediately make out a data sheet on the results of the counting up of the ballots, and shall out of turn forward the data content of them through the local election office, the parliamentary single mandate constituency election office and the regional election office to the National Election Office.

(2) The election offices shall disclose the informative data containing the unauthenticated results of the election.

General rules of redresses

§ 77 (1) By referring to the infringement of electoral law, candidates, nominating organisations and voters involved, or legal persons may lodge a complaint.

(2) Against the election committee's decision adjudging the complaint or otherwise, reserves may be submitted.

(3) The complaint and the reserve against the ballot counting committee's decision shall be submitted to the election committee entitled to adjudge them. Other reserves shall be submitted to the election committee having made the decision found injurious, which shall address them together with the documents, the latest on the day after they have been received, to the election committee entitled to adjudge them, or the court.

§ 78 (1) The complaint and the reserve (hereinafter referred to as "the reserve") shall be submitted in such fashion that it should be received the latest in three days from the activity or the making of the decision found injurious. The election committee, or the court, adjudging the reserve shall make a decision on the reserve submitted in three days from receipt thereof.

(2) The reserve shall contain the indication of the evidences of the violation of the law and the notify address of the person who has submitted the reserve. Reserves submitted in a deficient form shall be dismissed without examination on the merits.

(3) The election committee may hear the person who has submitted the reserve. In this case, it shall be made possible also for the adverse party to make a statement in person.

(4) The court shall decide the reserve in non-legal proceedings, in a council consisting of three professional judges. In the court proceedings it is obligatory to apply legal representation. The court may hear the representative of the election committee having adopted the resolution contested, or the person who has submitted the reserve.

§ 79 (1) If the election committee or the court admits the reserve, it will

1. change the decision violating the law; or

2. annul the decision violating the law, and have the electoral procedure or a part thereof repeated.

(2) The resolution of the election committee and the court shall be on the day it is adopted made known to the parties involved and the relevant election committee. Against the decision of the court no further redress shall lie.

§ 80 (1) Reserves submitted against decisions subject to the competence of the ballot counting committee [clause a) and b) paragraph (2) Article 30] shall be decided by the relevant local, or regional election committee. Reserves against the election committee's decision shall be decided by the metropolitan, county court.

(2) Reserves submitted against decisions made by the local election committee not subject to the scope of paragraph (1), including the decisions made pursuant to clause l) paragraph (2) Article 31, shall be decided by the relevant regional election committee. Reserves against the regional election committee's decision shall be decided by the metropolitan, county court.

(3) Reserves submitted against decisions made by the regional election committee not subject to the scope of paragraph (1)-(2) shall be decided by the National Election Committee.

(4) Reserves against the decisions of the National Election Committee shall be decided by the Supreme Court.

§ 81 The general rules of redress shall be applied in procedures related to the compilation of the register and in procedures of redress against the election committee's decision ascertaining the results with the deviations set forth under Articles 82-85.

Redress related to the compilation of the register

§ 82 (1) Because of omission from or having been entered in the register reserves can be submitted during the period the register is publicly displayed. Voters who have been deleted from the register pursuant to paragraph (4) or (5) Article 16, may submit reserves in three days from receipt of the notice to that effect.

(2) The reserve shall be submitted to the head of the local election office, who shall decide the reserve in three days. The voter may contest the dismissal of the reserve by lodging an objection in three days from it is made known to him/her, with the competent local court, in Budapest with the Pest Central District Court. The court shall act as a sole judge.

(3) If the court deems the reserve sufficient, it will order the modification of the register, otherwise, will dismiss the reserve.

§ 83 The decision of the head of the local election office and the resolution of the court shall be made known to the involved party and the person who has submitted the reserve; the resolution of the court shall be also made known to the head of the local election office.

Redress against the election committee's decision ascertaining the results

§ 84 Any reserve against the ballot counting committee's decision ascertaining the electoral district results [paragraph (1) Article 73] shall lie only in conjunction with a reserve against the election committee's decision ascertaining the results of the election.

§ 85 (1) Against the election committee's decision ascertaining the results of the election [paragraph (2) Article 73], reserves may be submitted with reference to

1. the unlawful nature of the ballot counting committee's decision ascertaining the electoral district results; or

2. the violation of the rules pertaining to aggregating the electoral district results and ascertaining the results of the election

in such fashion that such reserves shall have been received by the election committee's having made the decision found injurious on the day following the election committee's decision.

(2) The election committee entitled to adjudge the reserve shall decide the reserve the latest on the day following the receipt thereof. Any reserve against the election committee's decisions shall be submitted in such fashion that it shall have been received by the election committee having made the decision found injurious on the day following the election committee's decision. The court shall decide the reserve the latest on the day following receipt thereof. 

Registration of suffrage

89. § (1) Voters who are away from their address on the day of voting, may by presenting a certificate obtained from the head of the local election office of their address request of the head of the local election office, or, on the day of voting, the ballot counting committee, of the settlement where they stay on the day of voting to enter them in the register. On the strength of such certificate, citizens may vote at the settlement where they stay.

(2) Simultaneously with issuing the certificate, the head of the local election office of the address shall delete the voter from the register. On the grounds of the voter's statement, the settlement where the voter intends to vote shall be indicated in the certificate, and shall be indicated in the register. Receipt of the certificate shall be verified by the voter, or the person commissioned by them to do so, on the strength of an authorisation made out for this purpose, by signature.

(3) On the grounds of the certificate and a card suitable for proving identity and address, the head of the local election office of the address or the ballot counting committee shall register the voter. The certificate and the special register shall be preserved as part of the election documents.

(4) The certificate may be issued the latest on the second day before the first round. Certificate may be requested either personally or through an authorised representative. Certificate may be requested also by registered mail, on condition that it is received by the competent local election office the latest before the 5^th day prior to the first round. The settlement where the voter intends to vote shall be indicated in the letter. The certificate requested in the letter shall be sent with return receipt to the voter at the address given by them.

(5) In order to issue the certificate, the person requesting the certificate shall disclose their name, address, the name of the settlement where they stay on the day of voting, and shall state if they request the certificate for the first or the second round, or for both rounds.

99/A. § The provisions of Chapter 1-10, and § 89 shall be properly applied in the election of the Members of the European Parliament with the differences set forth in this chapter.

The call for the election

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.

Special conditions of compiling the register

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 pursuant to paragraph (3) § 99/E 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 paragraph (3) § 99/E, 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's 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 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 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 paragraph § 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 paragraph (5) § 99/D.

(3) The register of the citizens of other Member States of the European Union registered shall be closed on the day of voting. 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 Members States of the European Union competent to receive such data during the European Parliamentary elections about their citizens who are included in the register pursuant to paragraph § 99/E of the citizens of other Member States of the European Union registered. 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

1. shall not be entered in the register, or

2. shall be deleted from the register, and shall be immediately informed of this at their address in Hungary

by the head of the local election office.

(2) The head of the local election office shall, on the strength of notification received from the National Election Office, and from 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, delete them from the register, and immediately inform them at their address in Hungary.

99/H. § The central office of particulars and address register shall, at the request of the bodies of the Member States of the European Union entitled to handle data during the European Parliamentary elections, immediately supply data from the register of major citizens disfranchised on the right to vote 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. § (1) Inclusion in the register at foreign representations may be requested by voters included in the register of their domicile personally or through a delegate having an authorisation enshrined in a private deed with conclusive force from the head of the local election office of their domicile before the 30^th day prior to voting. Requests for inclusion in the register at foreign representations may be submitted also by registered mail in such fashion that it shall have been received by the local election office the latest before the 30^th day prior to voting.

(2) Applications with regard to entering the applicant in the register at foreign representations shall contain the applicant's:

a) first name and family name,

b) personal identification number,

c) place and date of birth,

d) mother's name,

e) domicile in Hungary,

f) the reference number of the document certifying personal identification number and address, and

g) the description of the country or settlement where the foreign representation is operated and where the applicant intends to exercise their right to vote, and

h) the applicant's notify address abroad if they do not request that the decision of the head of the local election office should be sent to their address in Hungary.

99/J. § (1) On the strength of the application, the head of the local election office will immediately enter the voter in the register at the foreign representation, simultaneously, delete them from the register of their domicile. The head of the local election office shall immediately inform the applicant that they have been entered in the register at the foreign representation or that their inclusion in the register at the foreign representation has been rejected.

(2) The register at foreign representations shall contain voters' particulars pursuant to clauses a)-e) paragraph (2) § 99/I and the description of the foreign representation.

(3) The head of the local election office shall send the data of the register at foreign representations to the National Election Office before the 21^st day prior to voting, and the National Election Office shall aggregate them.

(4) The head of the local election office shall inform the National Election Office before the 9^th day prior to voting about the members and alternate members of the ballot counting committees operated at foreign representations additionally entered in the register at foreign representations pursuant to paragraph (9) § 99/K, and the National Election Office shall add them to the data of the register at foreign representations.

(5) The National Election Office shall print and authenticate the registers at foreign representations separately for each foreign representation. The ballot counting committee operated at the foreign representation and the foreign representation's election office shall not modify the register at the foreign representation.

(6) The register at the foreign representation, the ballot papers and the other election documents shall be forwarded by the chairman of the ballot counting committee personally to the foreign representation.

Election bodies

99/K. § (1) At the European Parliamentary elections the following election committees are operated:

a) ballot counting committees,

b) ballot counting committees operated at foreign representations,

c) local election committees carrying out the tasks of ballot counting committees at settlements having one constituency,

d) regional election committees,

e) the National Election Committee.

(2) At 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) In the election of the Members of the European Parliament, ballot counting committees and election offices are operated at foreign representations. Ballot counting committees operated at foreign representations carry out tasks described in paragraph (2) § 30. No ballot counting committee is operated at foreign representations where no voter is recorded in the register in accordance with the data of aggregated registers at foreign representations pursuant to paragraph (3) § 99/J.

(4) Ballot counting committees operated at foreign representations consist of at least three members. There is an alternate member beside each ballot counting committee operated at foreign representations.

(5) The National Election Committee shall put forward a proposal for the members and alternate members of the ballot counting committees operated at foreign representations before the 25^th day prior to voting to the Parliament. The National Election Committee shall develop its proposal on the grounds of the following:

a) nominating organisations submit a list of the persons proposed for members and alternate members of ballot counting committees operated at foreign representations to the National Election Committee simultaneously with notifying such list, which indicates one person for each foreign representation,

b) the National Election Committee shall check the right to vote of the persons proposed for members and alternate members of ballot counting committees,

c) if the number of nominating organisations or the number of the persons proposed by the nominating organisations for the position at the foreign representation is less than four, then the National Election Committee will propose further persons for the vacant position or positions from the members and alternate members of the parliamentary single mandate constituency election committees and the local election committees of settlements having several electoral district elected for the previous parliamentary or local elections who apply in writing before the 30^th day prior to voting,

d) the National Election Committee shall develop its proposal for the members of ballot counting committees, three members and one alternate member for each foreign representation, by a draw,

e) by a further draw, the National Election Committee shall determine that out of the members selected by a draw who will act as the alternate member of the committee.

(6) The three members and one alternate member of ballot counting committees operated at foreign representations shall be elected by the Parliament before the 20^th day prior to voting. No amendatory proposal may be submitted regarding the National Election Committee's proposal, and the proposal shall be decided by the Parliament by one voting.

(7) Delegated members of ballot counting committees operated at foreign representations shall be notified to the chairman of the National Election Committee before the 23^rd day prior to voting.

(8) The members of ballot counting committees operated at foreign representations shall take an oath in the presence of the chairman of the National Election Committee or the leader of the foreign representation.

(9) The members and alternate members of ballot counting committees operated at foreign representations may request of the head of the local election office before the 15^th day prior to voting that they should be entered in the register at the foreign representation.

(10) The travelling and accommodation of the elected members and alternate members of ballot counting committees operated at foreign representations shall be provided by the National Election Office and the foreign representation, however, the members are obliged to arrange for the conditions necessary for travelling (valid travel document, vaccination, if necessary) themselves.

(11) Paragraph (4) § 27 shall not be applied to ballot counting committees operated at foreign representations.

(12) Ballot counting committees operated at foreign representations constitute a quorum if at least three of their members are present.

(13) The alternate member shall not take part in the activity of the committee (especially in the process of conducting voting, counting the ballots and establishing the result). If the number of the members of the ballot counting committee becomes less than three, the alternate member shall replace the elected member of the committee fallen out.

Proposal

99/L. § (1) The provisions set forth in Chapter 7 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 30^th 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.

Voting

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 of nominating organisations, the name of as many candidates, out of those running as candidates on the list, shall be indicated as many representatives may be elected.

99/N. § (1) Election at foreign representations is possible on condition that the host state does not object to it. Voting shall not take place at foreign representations where no voter is registered.

(2) Voters entered in the register at foreign representations may vote at the foreign representation, or, if the building of the foreign representation is not suitable for conducting voting, in another room provided by the foreign representation. Paragraph (3) § 61 shall not be applied. At each polling station minimum one polling booth shall be established and one ballot-box shall be set up.

(3) At foreign representations it is possible to vote from 6 a.m. to 9 p.m. local time on the day of voting in Hungary. At foreign representations where the time difference is one hour compared to Central Europe (Greenwich time zone), between 6 a.m. local time and 9 p.m. CET. At foreign representations established on the American continent, it is possible to vote between 6 a.m. and 9 p.m. local time on the day before the day of voting in Hungary.

(4) Votes may be cast in person. The ballot counting committee operated at foreign representations shall, on the grounds of a passport or a certificate issued by a Hungarian authority suitable for verifying identity, ascertain the identity of the citizen who intends to vote, and if they are included in the register at the foreign representation. Anyone who cannot prove their identity as set forth above, or is not included in the register at the foreign representation, shall be rejected.

(5) If at the foreign representation, until an hour before closing voting no voter has voted, a member of the ballot counting committee may be the first voter.

(6) Voting shall be closed also when all the voters registered at the foreign representation have cast their vote.

Aggregating ballots

99/O. § (1) The minutes made out of the result of voting at the foreign representation shall be immediately transmitted electronically by the head of the election office at the foreign representation to the National Election Office. The data of the minutes transmitted electronically shall be handled the same way as the data of fact sheets, no separate data sheet shall be made of the result of the election at foreign representations.

(2) The National Election Office shall store the data pursuant to paragraph (1) in such fashion that they should become accessible only after closing voting in Hungary. After closing voting in Hungary, these data shall be published by the National Election Office as informative data containing the unofficial results of the election.

(3) The minutes made of the result of the election at the foreign representation and other election documents, except for the minutes in paragraph (5), shall be immediately delivered by the chairman of the ballot counting committee operated at the foreign representation to the National Election Committee.

(4) The results of the elections shall be ascertained by the National Election Committee on the grounds of the minutes of ballot counting committees and ballot counting committees operated at foreign representations, forwarded to the National Election Committee pursuant to provisions set forth in paragraph (3), after such minutes have been received.

(5) One copy of the minutes made of the result of voting at the foreign representation, may be inspected at the foreign representation for three days after closing voting in Hungary. After that the minutes shall be forwarded to the National Election Office.

(6) The election documents of the voting at foreign representations shall be handled at the National Election Office pursuant to the provisions set forth in paragraph (3) § 75.

Redress

99/P. § (1) Against decisions of local election offices pursuant to paragraph (3) and (4) § 99/D, clause a) paragraph (1) and paragraph (2) § 99/G, and paragraph (1) § 99/J reserves may be submitted in 3 days from receipt of the resolution.

(2) Reserves submitted against decisions within the powers of ballot counting committees [clause a) and b) paragraph (2) § 30], including decisions made by local election committees pursuant to clause l) paragraph (2) § 31, shall be decided by the competent local election committee. Reserves against the decision of regional election offices shall be decided by the Metropolitan, county court.

(3) Reserves submitted against decisions of ballot counting committees operated at foreign representations shall be decided by the National Election Committee. Reserves shall be submitted to the head of the local election office at the foreign representation, who shall immediately transmit it by fax or electronically to the National Election Committee. Reserves may be submitted also directly to the National Election Committee.

(4) Reserves against the decisions of the National Election Committee may be submitted in 3 days from receipt of the resolution.

Filling vacant seats

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.

§ 149 When applying this Act

1. state leader shall mean the members of the Government and persons subject to the force of the law on the legal status and responsibility of state secretaries;

2. county/capital-clerk shall mean the county-clerk, capital-clerk;

3. independent candidate shall mean a candidate nominated not by a nominating organisation;

4. kin shall mean lineal kin and spouse thereof, adoptive and foster-parent, adopted and foster-child, sibling, spouse, common-law companion, lineal kin, sibling of spouse, and sibling's spouse;

5. clerk shall mean settlement clerk, district clerk;

6. type of nomination shall mean individual constituency, regional list, national list nomination at parliamentary elections; list nomination at the election of the Members of the European Parliament, mayor/Mayor of the capital nomination, small list, single mandate constituency, compensation list, county/metropolitan list and minority small list nomination in the election of the members and mayors of local governments;

7. nominating organisation shall mean parties registered pursuant to Act 33 of 1989 on the Operation and Financial Functioning of Political Parties, and social organisations registered pursuant to Act 2 of 1989 on the Freedom of Association; nominating organisations putting forward joint candidates or setting up joint lists shall be considered one nominating organisation;

8. representative shall mean Members of Parliament, Members of the European Parliament, members of the body of representatives of local governments of settlements, members of county conventions, members of the metropolitan convention, members of local governments for minorities;

9. persons submitting initiatives shall mean, in the event of referendums initiated by citizens and popular initiatives, the organisations and private persons that have submitted the initiative;

10. candidate for minorities shall mean independent candidates undertaking the representation of some national or ethnical minority determined under the Act on the Rights of National and Ethnic Minorities, or candidates of nominating organisations for minorities;

11. organisation for minorities shall mean social organisations that, according to the court registration, represent a national or ethnic minority determined under the Act on the Rights of National and Ethnic Minorities;

12. poster shall mean election placards, advertisements, notices, handouts, projected images, flags, emblems irrespective of the carrier material;

13. mayor shall mean the mayor of the settlement, the Mayor of Budapest;

14. settlement shall mean villages, towns, cities having county rights, districts of the capital;

15. election campaign shall mean the statement of the election program, the promotion of candidates, lists, nominating organisations, the organisation of election meetings, the placement of posters, the exploitation of volunteers;

16. first name and family name shall mean name by marriage, first name and family name at birth;

17. domicile shall mean the address of a flat, or for lack of it, except for Hungarian and non-Hungarian citizens living abroad, a room, dwelling used in need, which is used by the voter as their home on a regular basis, on condition that they have registered it as an address with the particulars and address register.

18. foreign representation shall mean diplomatic representations of the Republic of Hungary.

Authorisation

§ 152 The Government shall be authorised to determine the serial number, seat and territory of parliamentary single mandate and regional constituencies.

§ 153 (1) The Minister of the Interior shall be authorised to determine under decree:

1. the order of the registration of citizens of legal age not having right to vote, and the preparation of the establishment of constituencies and electoral districts;

2. the terms and deadlines of the electoral procedure;

3. the responsibilities of election offices and the training of the members thereof; the division of powers among national, regional and local election offices;

4. the organisation, technical completion of the information technology, ballot aggregation order of the state's election related tasks;

5. the sample, number of copies and order of forwarding of information notices, proposal coupons, petition booklets with signatures, election minutes, data sheets and other printed matters;

6. the range of the nationally aggregated data of the election results;

7. the standards, items, accounting and internal supervision order of election costs.

(2) The Minister of the Interior may determine a working day directly preceding or following the term, deadline determined under the Act as term or deadline, if the term or deadline otherwise fell on a weekly rest day or holiday.

(3) The Minister of the Interior shall report on the organisation and completion of the state's tasks related to the general elections of the members of parliament and the members and mayors of local governments, and national referendums to the Parliament.

§ 154 The Minister of the Interior may enter in a contract with a legal person who provides required security conditions to fulfil the state's election related responsibilities. Service agreements shall not be concluded with regard to the compilation of the register and the registration of major citizens disfranchised, checking proposals and reviewing voting held two or three times.

Modified provisions

171. § This Act, together with Act on the Election and Legal Status of the Members of the European Parliament, regarding the subject of the European Agreement on establishing association between the Republic of Hungary and the European Communities and their Member States, signed on 16 December 1991 in Brussels, in harmony with §3 of Act 1 of 1994 promulgating the Agreement, shall contain regulation that can be harmonised with the following legal acts of the European Communities:

a) Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangement for the exercise of the right to vote and stand as a candidate in the election to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals;

b) the document on the election of the representatives of the European Parliament by direct universal suffrage attached to the Council Decision 76/787/EC, Euratom amended by the Council Decision 2002/772/EC, Euratom of 25 June and 23 September 2002.