Decree 11/2003. (III. 24.) of the Minister of the Interior

on the amendment of Decree 34/2002. (XII. 23.) of the Minister of the Interior on the implementation of Act C of 1997 on Electoral Procedure at national referendum and national popular initiative

On the grounds of the authorisation provided for in clauses a) and c)-f) paragraph (1) of Article 153 of Act C of 1997 on Electoral Procedure, I shall order the following:

1. §

Annex 1 of Decree 34/2002. (XII. 23.) of the Minister of the Interior on the implementation of Act C of 1997 on Electoral Procedure at national referendum and national popular initiative (hereinafter referred to as Decree) shall be supplemented with the following text:

Tasks related to the registration of the right of voting 

1. The head of the LEO shall generate the register and the information notice slips or have them generated for each electoral district within districts of the capital or settlements (hereinafter referred to jointly as settlement).

2. The Central Office of the Ministry of the Interior shall centrally arrange for having the register and information notice slip subimpressions produced.

I.

Generating the register

3. To generate the register, the Central Office of the Ministry of the Interior shall deliver the list of major citizens disfranchised to the districts of the capital and the settlements in Pest county directly, and to the rest of the settlements through the administrative office. The LEO may also claim computerised delivery of such list.

4. The head of the LEO shall generate the register or have it generated in 2 copies (one indicating the personal identification number and another one without it), using the data of the particulars and address registration, and of major citizens disfranchised. Possible further work copies may be produced at one’s own cost.

5. To the LEO’s that cause the administrative office to generate the register, the list of major citizens disfranchised shall be made available by the administrative office the latest simultaneously with delivering the register. 

6. The head of the LEO will send voters the information notice slip on their having been entered in the register in a closed envelope.

II.

Maintaining the register until the day of voting

7. The register shall be manually further maintained by the head of the LEO until 4 p.m. the day prior to voting, pursuant to the provisions set forth in paragraph 10, using the auxiliary list of alterations made available by the Central Office of the Ministry of the Interior.

8. After having checked the right of voting with the Central Office of the Ministry of the Interior, the head of the LEO shall enter in the register, at settlements with more than one electoral district, in the electoral district assigned by him/her the voters whose address contain pursuant to the rule of law on notifying the address only the name of the given settlement.

9. In addition to the changes in data forwarded to the document office, the head of the LEO shall notify the clerk of the domicile, for lack of it, residence of the relevant citizen of the decease of citizens, conclusion of marriage of minors, change of name of majors not having domicile, for lack of it, residence in his/her district. Furthermore, he/she shall send a notice to the clerk of the former domicile, for lack of it, residence of the citizen concerned of the citizen registering with him/her because of establishing new domicile, for lack of it, residence. The head of the LEO shall notify the clerk of the residence if the citizen registering domicile with him/her has at the time of registration only residence, regardless of the fact if the citizen simultaneously terminates it or not.

10. Further maintaining the register:
- On the grounds of the notifications regarding alterations in particulars and addresses, and alterations in the data of major citizens disfranchised received from the Central Office of the Ministry of the Interior, or the head of another LEO, the head of the LEO shall further maintain both copies of the register:

= shall after checking the right of voting enter in the register the citizen that has established domicile in his/her territory of competence, has in the meantime gained right of voting through either obtaining Hungarian citizenship (regardless of the fact if the citizen has an identity card) or conclusion of marriage, and the citizen that has in the meantime regained his/her right of voting;
= shall delete from the register the voter that has in the meantime terminated his/her domicile in his/her territory of competence, the citizen that has in the meantime deceased, lost his/her Hungarian citizenship or right of voting;
= shall bring forward changes of names and addresses within the settlement with regard to citizens domiciled in his/her territory of competence.

– The head of the LEO shall, on request, on the strength of a certificate enter the citizen that intends to vote with a certificate in the register and in the list of voters entered in the register on the grounds of a certificate. He/she shall delete the voter from the register if he/she issues a certificate. Simultaneously, he/she shall indicate in the register the name of the settlement where the voter intends to vote with the certificate, and enter him/her in the list of the voters deleted from the register because of issuing a certificate.

– shall on the strength of the clerk’s or the court’s decision sustaining a reserve submitted by the citizen, in compliance with such decision, enter the person concerned in the register, delete his/her data from it, or correct his/her data in it. The head of the LEO shall proceed in compliance with the above also in the event that he/she has noticed the mistake while checking the register. A notice on such registration, correction or deletion shall be sent to the voter.

– The head of the LEO shall after 4 p.m. on the day prior to the voting close the register by crossing out the row following the last serial number, shall indicate on it the number of those deleted and entered until closing time, and the number of the voters included in the register at the time of closing, and shall attest it by signing and sealing it.

After that, the head of the LEO shall
a) fill in 1 copy of the “Closing Sheet” and shall immediately forward it by fax to the National Election Office or the document office fulfilling its task for the sake of data recording. The original slip shall stay with him/her;
b) fill in the head and columns 1-2-3 of the “Aggregating Sheet”, and make six copies of it with a view to forward it with the report to be sent during the day.

11. The head of the LEO shall deliver the closed and attested register to the chairman of the ballot-counting committee.

III.

Maintaining the register on the day of voting

12. The register shall be further maintained by the keeper of the minutes acting beside the BCC.

13. On the grounds of the BCC’s decision, the keeper of the minutes shall 
- enter in the register the citizens that claim on the strength of a certificate or referring to it that their domicile, for lack of it, residence is within the territory of the electoral district. 

14. The voter who asserts that his/her domicile, for lack of it, residence is in the territory of the electoral district, may be entered in the register if he/she certifies his/her identity and address with:
a) an identity card containing address;
b) identity card, or passport, or driver’s licence issued after 1 January 2001 or, in the event of conscripts, military ID card and an official certificate containing the personal identification number and the address (hereinafter referred to as certificate of address), provided that he/she was not deleted earlier from the register and is not included in the registration of major citizens disfranchised.

15. After the certificate and the cards pursuant to paragraph 14 have been simultaneously presented, the voter that has a certificate of absentee voting shall be entered in the register (simultaneously, the certificate shall be taken, and the voter shall be entered also in the list of those voting with a certificate).

16. After voting has ended, the keeper of the minutes shall close the register the way stipulated in paragraph 10.

17. The data included in the list of voters deleted from the register (D) and the list of voters entered in the register on the grounds a certificate (E) shall be continuously processed by the NEO or the document office fulfilling its tasks until the day of voting. The lists that have not been processed shall be forwarded after voting together with the electoral district minutes to the NEO or the document office fulfilling its tasks for the sake of processing.

IV.

Maintaining the list of major citizens disfranchised

18. The files containing in a county, metropolitan breakdown the alterations that have occurred in the registration of major citizens disfranchised shall be forwarded on line by the Central Office of the Ministry of the Interior on the 5th day prior to voting to the administrative offices, which shall immediately generate the lists of alterations and shall deliver them to the LEO’s before the third day prior to voting.

19. The head of the LEO shall review the list pursuant to paragraph 3 and 5 using the list of alterations received from the administrative office, and shall make the necessary corrections as follows:
- shall delete from the list those who have regained their right of voting, and simultaneously enter them under the next serial number of the register;
- shall enter those in the list who have lost their right of voting, and simultaneously delete them at the relevant serial number of the register;
- if prior to this he he/she issued a certificate because of absentee voting to the citizen having lost his/her right of voting, shall notify the competent clerk of such loss of the voter’s right of voting."

2.§

(1) Clause 5.1 of Annex 2 of the Decree shall be supplemented with the following paragraph:
"In the national referendum to be held on 12 April 2003, electoral districts shall supply the LEO with data also during the span of time between 7:15 p.m. and 7:30 p.m. In this referendum the “Counting Sheet” pursuant to sample 1/a. shall serve to supply data."

(2) Clause 6 of Annex 2 of the Decree shall be supplemented with the following paragraph, simultaneously the current third paragraph shall become the fourth paragraph:
"In the national referendum to be held on 12 April 2003, the LEO shall report the data of the “Aggregating Sheet” to the NEO also between 7:30 p.m. and 7:45 p.m."

(3) Clause 7.2 of Annex 2 of the Decree shall be supplemented with the following paragraph:
"In the national referendum to be held on 12 April 2003, the processing and forwarding of reports shall take place also between 7:45 p.m. and 8:00 p.m."

(4) Annex 2 of the Decree shall be supplemented with the samples that constitute Annex 1 of the present Decree.

3. §

(1) Clause 7.1 of Annex 3 of the Decree shall be supplemented with the following paragraph:
"In the national referendum to be held on 12 April 2003, the NEO shall from 9 p.m. on the day of voting operate the national computerised ballot aggregating system (which includes the ballot aggregating system serving to ascertain the preliminary result), receive and process the electoral data sheets and their data coming in from LEO’s."

(2) Annex 3 of the Decree shall be supplemented with the sample 1/a. that constitutes Annex 2 of the present Decree.

(3) Sample 2 of Annex 3 of the Decree shall be replaced with sample 2/a. that constitutes Annex 2 of this Decree.

4. §

Annex 4 of the Decree shall be supplemented with samples 1/a and 2/a that constitute Annex 3 of this Decree.

5. §

(1) This Decree shall come into force on the day it is promulgated.

(2) § 2, § 3 and § 4 of the present Decree shall be repealed on the day the act proclaiming the international treaty on the accession of the Republic of Hungary to the European Union comes into force.

Dr. Mónika Lamperth  
Minister of the Interior