Act C 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 exercising of suffrage, the process of elections, referendums and popular initiatives shall be democratic and surrounded by proper guarantees, the Parliament shall make the following law:
PART ONE
GENERAL PROVISIONS
CHAPTER I
FUNDAMENTAL RULES
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
a) the election of the members of parliament;
b) the election of the members and mayors of local governments as well as the election of local governments for minorities;
c) national and local referendums;
d) national and local popular initiatives; and
e) 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:
a) to safeguard the cleanness of elections, to prevent electoral frauds;
b) voluntary participation in the nomination, election campaign, voting;
c) equality of chances among candidates and nominating organisations;
d) exercise of rights in good faith, according to rules;
e) option and impartial adjudging of redress;
f) fast and authentic ascertaining 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 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 ascertained by the Parliament, from the central budget. With regard to the use of these monetary assets, the State Audit Office shall inform the Parliament.
CHAPTER II
THE PUBLICITY OF THE ELECTORAL PROCEDURE
§ 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 territorial 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 researches may be made subject to the following conditions:
a) the public opinion poll shall be anonymous, and based on voluntary participation;
b) the public opinion researchers may not enter the building where the polling-station is located, may not in any way harass voters, may ask only those stepping out of the polling station.
CHAPTER III
CONSTITUENCIES, ELECTORAL DISTRICTS
§ 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.
CHAPTER IV
REGISTERING RIGHT OF VOTE
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 registration and the registration of citizens of legal age not having right of vote, the register of citizens having right of vote, and shall continuously bring forward alterations in it.
§ 13 (1) The persons having right of vote whose domicile, or for lack of it, residence (hereinafter referred to as “address”) is located in the electoral district shall be entered into 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:
a) first name(s) and family name (in the event of women, also the maiden name);
b) personal identification number;
c) address;
d) serial number in the register;
e) 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 into the register before the 58th 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 registration territorial system to produce the register, the information notices and the proposal coupons. The head of the local election office shall arrange for delivering 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 into the register the voter who has
a) been omitted from the register;
b) acquired right of vote after the register has been completed; and
c) regained his/her right of 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 of vote, or who have been entered into 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, enter him/her into the register, and inform 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 form 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
a) was listed in the register of citizens of legal age not having right of vote, and the reason thereof; or
b) has received a certificate pursuant to Articles 89 or 104; or
c) was not listed either in the register, or in the registration of citizens of legal age not having right of vote.
(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 of 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 of 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 new domicile shall ascertain, on the grounds of confirmation with the particulars and address registration central office, that the right of vote shall hold.
Registration of citizens of legal age not having right of vote
§ 17 (1) In order to ascertain right of 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 of vote known to the particulars and address registration central office as follows:
a) 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;
b) the National Penal Authorities, through the agency registering delinquents, about persons subject to a judgment at law barring them from public affairs;
c) 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:
a) first name(s) and family name (in the event of women, also the maiden name);
b) personal identification number;
c) the reason for, commencement and expected termination of the exclusion from exercising suffrage.
(3) The particulars and address registration central office shall maintain the registration of citizens of legal age not having right of 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 registration.
(4) If a citizen has regained his/her suffrage, or is no longer subject to the particulars and address registration, his/her data shall be annihilated. The data of citizens deleted from the registration of citizens of legal age not having right of vote shall be retained for six months.
§ 18 (1) The registration of citizens of legal age not having right of 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 particulars and address registration central office may supply data from the registration of citizens of legal age not having right of 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 initiation of referendums and popular initiations.
(3) The particulars and address registration central office shall check the candidates’ suffrage on the grounds of the data of the registration of citizens of legal age not having right of vote and the particulars and address registration, and shall immediately advise the relevant election office about lack of suffrage.
(4) The particulars and address registration central office may check the suffrage of elected representatives on the grounds of the data of the registration of citizens of legal age not having right of vote and the particulars and address registration, and shall immediately advise the relevant election office about lack of suffrage.
§ 19 The registration of citizens of legal age not having right of vote may be connected to the local, territorial or central particulars and address registration, 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 of 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.
CHAPTER V
ELECTION BODIES
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 cleanness of the elections, to enforce impartiality and, when necessary, to restore the legal order of the elections.
(2)
a) Ballot counting committees;
b) local election committees;
c) parliamentary single mandate constituency election committees;
d) territorial election committees;
e) 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 address in the constituency may be members of the election committee, and only voters having 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 20th 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 51st 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 territorial 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 51st 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 territorial 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 16th 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):
a) if the statutory conditions of the commission shall cease;
b) if the election committee has ascertained the incompatibility of its member;
c) through resignation;
d) 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 territorial 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 deviation 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.
§ 30 (1) The ballot counting committee shall consist of minimum five members.
(2) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful completion of voting;
b) make decisions on disputed issues arising in the course of voting;
c) count ballots, and ascertain the results of the election at the polling station;
d) 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.
e) 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
a) make decision on entering candidates, lists, nominating organisations into register or refusing them;
b) select the serial number of lists by a draw;
c) approve the data content of the ballot papers of the settlement;
d) make decisions on reserves submitted;
e) annul the results of voting, if it has ascertained any violation of law that has materially affected such results;
f) in the event of equal number of votes, select by a draw which candidate shall be given a seat;
g) ascertain and publish the results of the election;
h) issue the letter of appointment to the representatives and mayors who are subject to its scope of competence;
i) call for by-elections, and ascertain the deadlines calculated according to calendar days for them;
j) in the event any violation of law has been made known to it, initiate the decision of the body having power;
k) call for the election of the local government for minorities;
l) 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
a) make decisions on entering candidates, nominating organisations into register or refusing them;
b) approve the data content of the ballot papers of the constituency;
c) make decisions on reserves submitted;
d) annul the results of voting, if it has ascertained any violation of law that has materially affected such results;
e) ascertain and publish the results of the election;
f) issue the letter of appointment to the representative of the single mandate constituency;
g) initiate the call for by-elections with the National Election Committee;
h) in the event any violation of law has been made known to it, initiate the decision of the body having power;
Territorial election committee
§ 33 (1) The territorial election committee shall consist of minimum three members.
(2) The territorial election committee shall
a) make decisions on entering lists and candidates indicated on them into register or refusing them;
b) select the serial number of lists by a draw;
c) approve the data content of the ballot papers of the constituency;
d) make decisions on reserves submitted;
e) annul the results of the election, if it has ascertained any violation of law that has materially affected such results;
f) ascertain and publish the results of the elections;
g) issue the letter of appointment to the representatives who are subject to its scope of competence;
h) 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
a) 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;
b) make decisions on entering lists and candidates indicated on them, nominating organisations into register or refusing them;
c) select the serial number of lists by a draw;
d) approve the data content of the ballot papers of national referendums;
e) make decisions on reserves submitted;
f) annul the results of the election, if it has ascertained any violation of law that has materially affected such results;
g) ascertain which nominating organisations have attained the voting threshold of the % determined by law;
h) ascertain who have on the grounds of the fragmentary votes aggregated nationally obtained a seat out of the candidates on national lists;
i) issue the letter of appointment to representatives who have obtained a seat;
j) ascertain and publish the results of the elections aggregated nationally;
k) call for parliamentary by-elections, and ascertain the deadlines thereof calculated according to calendar days;
l) in the event any violation of law has been made known to it, initiate the decision of the body having power;
m) report on the general elections of parliamentary representatives and members of local governments, and on national referendums to the Parliament;
n) 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) Beside each election committee, except for ballot counting committees, an election office shall operate. 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 territorial election office shall be the county/capital-clerk.
§ 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.
(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.
(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:
a) 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;
b) publish the names of the candidates, nominating organisations of the constituency, and the fact of nominating independent candidates;
c) 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;
d) organise training for the members of election bodies, provide voters with information free of party bias;
e) operate the information systems of the election;
f) fulfil technical tasks related to checking the proposal of candidates;
g) operate the computer program detecting election frauds;
h) 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 territorial 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.
CHAPTER VI
ELECTION CAMPAIGN
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 particulars and address registration central office 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 20th day prior to the day of voting. This service may be applied for also in a sex, 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 20th 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 registration, other state or local government bodies shall not disclose personal data from their own registration to candidates, nominating organisations.
CHAPTER VII
PROPOSAL
§ 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 23rd 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:
a) 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;
b) from persons being in service relation at the armed forces and police authorities, at the place of service, or during fulfilling service responsibilities;
c) on means of public transport;
d) 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
a) submitted not on official proposal coupons;
b) submitted not on proposal coupons filled in pursuant to paragraph (2) Article 47;
c) 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:
a) 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;
b) 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 territorial election committee;
c) 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 entered into the register.
(3) Candidates or lists may be presented only by nominating organisations notified pursuant to paragraph (1) and entered into the register in compliance with Article
55.
Notification of the candidate
§ 52 (1) Candidates shall be notified the latest on the 23rd 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
a) has suffrage;
b) has accepted the nomination;
c) has no such function that is incompatible with the representative’s or mayor’s mandate, or that, in the vent 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 into 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 has 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 identification of the voters delivering the proposal coupons.
Entering the nominating organisation, the candidate and the list into register
§ 55 (1) Regarding the notification of the nominating organisation, the candidate and the list, the election office, regarding entering them into 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 into register, in three days from notification.
§ 56 (1) The election committee shall refuse to enter the nominating organisation into register if the nominating organisation has not complied with statutory conditions.
(2) The election committee shall refuse to enter the candidate into 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 into 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 19th 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.
CHAPTER VIII
VOTING
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 according 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 into 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 into the register the voter who
a) has a certificate;
b) 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 of 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 into 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 2-9.
(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
a) to which no official seal has been affixed;
b) which contains more votes than defined by law
shall be invalid.
(4) The vote which
a) has been cast on a ballot paper deemed invalid pursuant to paragraph (3);
b) has been cast not in compliance with paragraph (2);
c) 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.
CHAPTER IX
AGGREGATING BALLOTS
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 of 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 territorial election office to the National Election Office.
(2) The election offices shall disclose the informative data containing the unauthenticated results of the election.
CHAPTER X
REDRESSES
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
a) change the decision violating the law; or
b) 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 territorial 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 territorial election committee. Reserves against the territorial election committee’s decision shall be decided by the metropolitan, county court.
(3) Reserves submitted against decisions made by the territorial 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 into 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
a) the unlawful nature of the ballot counting committee’s decision ascertaining the electoral district results; or
b) 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.
CHAPTER XII
THE ELECTION OF THE MEMBERS AND MAYORS OF LOCAL GOVERNMENTS, AND
LOCAL GOVERNMENTS FOR MINORITIES
§ 100 The provisions of Chapters I-X shall be applied with regard to the election of the members and mayors of local governments, and local governments for minorities (hereinafter referred to as “the local elections”) with the deviations set forth under this Chapter.
Constituencies, electoral districts
§ 101 A constituency shall be:
a) in respect of the election of the members of county conventions, the settlements with 10.000 or less inhabitants jointly, and the settlements with more than 10.000 inhabitants jointly, without cities having county rights;
b) in respect of the election of the Mayor of the capital and the members of the metropolitan convention, the capital;
c) in respect of the election of the mayor, the election of the members of the local government of settlements with 10.000 or less inhabitants, as well as the election of local governments for minorities, the settlement;
d) in respect of the election in single mandate constituencies of the members of the local government of settlements with more than 10.000 inhabitants, the constituency established to this effect.
§ 102 (1) The serial number and the territory of single mandate constituencies shall be ascertained by the head of the local election office on the grounds of the number of the population as of 1 January in the year of the election.
(2) Objections against the decision of the head of the local election office may be lodged with the head of the territorial election office in three days from the decision, if the single mandate constituencies have been established within the settlement in such fashion that the number of the population of individual constituencies is disproportionate. The head of the territorial election office shall decide the objection in three days. No further legal remedy shall lie.
Registration of suffrage
§ 103 With regard to immigrated non-Hungarian citizens, the central office of the particulars and address registration shall supply data to compile the register.
§ 104 (1) If the citizen has in addition to his/her domicile a residence, the citizen may with a certificate requested from the head of the local election office of his/her domicile ask the head of the local election office of his/her place of residence, or, on the day of voting, the ballot counting committee to enter him/her into the register. On the grounds of the certificate, the citizen may vote at his/her place of residence.
(2) When issuing the certificate, the head of the local election office of the domicile shall delete the citizen from the register. The certificate shall indicate, on the grounds of the citizen’s statement, the place of residence where the citizen intends to vote, which shall be recorded in the register. The receipt of the certificate shall be acknowledged by the citizen, or the person delegated by him/her, on grounds of the authorisation issued to this effect, by his/her signature.
(3) On the grounds of the certificate and papers suitable for verifying the identity, the head of the local election of the place of residence or the ballot counting committee shall enter the citizen into a special register. The certificate and the special register shall be retained as part of the election documents.
(4) Certificates may be issued the latest on the second day prior to voting. Certificates may be applied for in person or through a delegate. Certificates may be also applied for by registered mail, provided that such mail shall have been received by the relevant local election office on the 5th day prior to voting. The letter shall indicate the place of residence where the citizen intends to vote. The certificate applied for in the letter shall be sent to the citizen to the address determined by him/her with return receipt.
(5) For issuing the certificate, the person applying for the certificate shall disclose his/her name, personal identification number and address.
Election bodies
§ 105 (1) At the local elections the following election committees shall operate:
a) ballot counting committee;
b) local election committee;
c) territorial election committee;
d) National Election Committee.
(2) At the local elections the following election offices shall operate:
a) local election office;
b) parliamentary single mandate constituency election office;
c) territorial election office;
d) National Election Office.
Election campaign
§ 106 (1) Local public service broadcasters shall at least once, free of charge publish the political advertisements of nominating organisations, and candidates for mayor in proportion to the nomination or the setting up of lists, from the 15th day before voting to the 3rd before voting. All of the independent candidates are entitled to this right jointly, in proportion to their nomination.
(2) On the last day of the election campaign, the national public service broadcasters shall publish the summary of the eight nominating organisations that have in terms of nationwide aggregation put forward the most candidates for representative and mayor. Joint candidates and lists shall be taken into consideration in proportion to nomination.
Proposal
§ 107 (1) Regarding the proposal of the county list, the provisions of Chapter VII pertaining to the proposing candidates shall be properly applied.
(2) The compensation list, and the candidates indicated on it shall be notified the latest on the 20th day prior to voting, the metropolitan list, and the candidates indicated on it the latest on the 19th day prior to voting.
§ 108 If the candidate runs as a candidate for minorities in a small list or mixed election scheme, this fact shall be indicated on the proposal coupon and the ballot paper.
§ 109 (1) In a mixed election scheme the local election committee shall include in a separate minority list for each minority every candidate running either as an independent candidate for minorities in the single mandate constituency, or as the candidate of a nominating organisation for minorities.
(2) Nominating organisations for minorities and candidates for minorities may also set up a joint compensation list, which they may notify to the local election committee before the 18th day prior to the election.
(3) The independent candidate running in the single mandate constituency may advise the local election committee in writing that he/she does not intend to run on the compensation list for minorities
Voting
§ 110 (1) A separate ballot paper shall serve
a) at settlements with 10.000 or less inhabitants, the election of small lists, mayors, local governments for minorities and county lists;
b) at settlements with more than 10.000 inhabitants, the election in single mandate constituencies, of mayors, local governments for minorities and, except for cities having county rights, county lists;
c) in the capital, the election in single mandate constituencies, of mayors, the Mayor of the capital, local governments for minorities as well as the metropolitan list;
(2) The ballot paper for elections of settlement small lists, in single mandate constituencies, of local governments for minorities and mayors shall contain the candidates’ officially used first name(s) and family names in alphabetic order, the distinguishing mark pursuant to paragraph (3) and the name of the nominating organisation, including the abbreviation of the nominating organisation, and the fact of independent nomination. At the request of a candidate representing a minority, the ballot paper shall indicate his/her name and the name of the nominating organisation also in the mother tongue of the minority.
(3) The ballot paper for local governments for minorities shall contain the name of candidates arranged into various minorities. Individual minorities are indicated on the ballot paper in the order selected by the election committee by a draw.
(4) The ballot paper for the capital and county lists shall contain the name of the nominating organisations in the order selected by the election committee by a draw. The ballot paper shall indicate, in the order notified by the nominating organisations, the name of the first five candidates out of the candidates running on the list.
(5) The ballot paper for the capital and county lists, and the ballot paper for mayors shall contain, beside the name of the nominating organisation registered by the court, at its request, the abbreviation, the black-and-white print of the symbol or badge of the nominating organisation.
(6) In the event of joint candidates and lists, the ballot paper shall indicate the name of each nominating organisation.
§ 111 The ballot counting committee shall enter into the register the voter who has delivered the certificate pursuant to Article 104.
Aggregating the ballots
§ 112 In respect of the elections of small lists and local governments for minorities, valid ballots shall be counted separately for each candidate. Ballots containing both valid and invalid votes shall be arranged into separate bundles. The number of valid ballots separately for each candidate shall be written on the bundle.
§ 113 (1) The local and the territorial election committee shall on the grounds of the minutes of ballot counting committees aggregate the ballots, and ascertain the results of the election.
(2) Aggregating minutes of the results of elections of settlement small lists and local governments for minorities; separate minutes for each constituency of the results of single mandate constituencies in mixed election schemes; and separate minutes of the results of the election of metropolitan lists and of the election of mayors shall be made. Aggregating minutes separately for each constituency shall be made of the results of the election of the members of county conventions.
(3) Data sheets shall be drawn up solely of the unofficial results of the election of mayors, the Mayor of the capital, and the members of the metropolitan and county conventions.
Calling for the election of local governments for minorities
§ 114 (1) The election of local governments for minorities shall be called for by the local election committee. The election shall be called 45 days before the local election of the settlement for a date which shall be identical with the date thereof.
(2) The call for the election of local governments for minorities may be initiated in writing in 10 days after the date for the local election in the settlement has been called for. The sample file of the initiation is set forth in the annex to the Act on the Rights of National and Ethnic Minorities.
By-elections
§ 115 (1) By-elections shall be called for by the competent election committee in 30 days from the occurrence of the reason. By-elections shall not be called for a date that is within 6 months either before or after the general local election. In respect of by-elections the rules of general elections shall apply.
(2) If an elected candidate is eliminated from the county, compensation or metropolitan list, the nominating organisation may notify a new candidate to replace him/her to the competent election committee.
(3) If solely by-elections of local governments for minorities are held in the settlement, the constituencies may be established in such fashion that more voters than defined in paragraph (1) Article 10 should fall under one constituency. If the number of constituencies is less than the number of ballot counting commissions elected pursuant to paragraph (1) Article 23, the head of the local election office shall determine which ballot counting committees are obliged to operate during the by-election.
Repeated election
§ 115/A If the election committee or the court has the election repeated, the competent election committee shall call the repeated election for a date within 30 days from the election caused to be repeated.
PART THREE
CLOSING PROVISIONS
CHAPTER XVII
EXPLANATORY PROVISIONS
§ 149 When applying this Act
a) 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;
b) county/capital-clerk shall mean the county-clerk, capital-clerk;
c) independent candidate shall mean a candidate nominated not by a nominating organisation;
d) 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;
e) clerk shall mean settlement clerk, district clerk;
f) type of nomination shall mean, at parliamentary elections, constituency, territory list, national list nomination; at the election of the members and mayors of local governments, the nomination of the mayor/the Mayor of the capital, and small list, single mandate constituency, compensation lists, county/metropolitan list and minority small list nomination;
g) nominating organisation shall mean parties registered pursuant to Act XXXIII of 1989 on the Operation and Financial Functioning of Political Parties, and social organisations registered pursuant to Act II of 1989 on the Freedom of Association; nominating organisations putting forward joint candidates or setting up joint lists shall be considered one nominating organisation;
h) representative shall mean members of 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;
i) persons submitting initiations shall mean, in the event of referendums initiated by citizens and popular initiations, the organisations and private persons that have submitted the initiation;
j) 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;
k) 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;
l) poster shall mean election placards, advertisements, notices, handouts, projected images, flags, emblems irrespective of the carrier material;
m) mayor shall mean the mayor of the settlement, the Mayor of Budapest;
n) settlement shall mean villages, towns, cities having county rights, districts of the capital;
o) 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.
CHAPTER XVIII
THE COMING INTO FORCE AND IMPLEMENTATION OF THE ACT
Coming into force
§ 150 This Act shall come into force on the day it is promulgated.
Transitional provisions
§ 151 (1) In respect of elections called for, and the completion of referendums ordered prior to this Act coming into force, the provisions in force as of the date when the election is called for, or the referendum is ordered shall apply.
(2) In the event of initiations, aimed at ordering a referendum, and popular initiations in progress on the date of this Act coming into force, Article 117 hereof shall apply.
Authorisation
§ 152 The Government shall be authorised to ascertain the serial number, seat and territory of parliamentary single mandate and territorial constituencies.
§ 153 (1) The Minister of the Interior shall be authorised to ascertain under decree:
a) the order of the registration of citizens of legal age not having right of vote, and the preparation of the establishment of constituencies and electoral districts;
b) the terms and deadlines of the electoral procedure;
c) the responsibilities of election offices and the training of the members thereof; the division of powers among national, territorial and local election offices;
d) the organisation, technical completion of the Information Technology, ballot aggregation order of the state’s election related tasks;
e) 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;
f) the range of the nationally aggregated data of the election results;
g) 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 into a contract with a legal person ensuring security requirements 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 citizens of legal age not having right of vote, the checking of proposals and the reviewing of voting held two or three times.
Repealed provisions
§ 155 Simultaneously with this Act coming into force, the following provisions shall be repealed
a) the part of the text “furthermore, the principles of establishing constituencies” from paragraph (3) Article 4; the third sentence of paragraph (1); the second, third and fifth sentences of paragraph (2); the third sentence of paragraph (3) Article 5; chapters IV-X of Article 6; paragraph (2) of Article 46; Article 49; Article 51; clauses a) and e)-j) of Article 52; Articles 53-55; and, Annexes 1 and 5-17 of Act XXXIV of 1989 on the Election of Members of Parliament (hereinafter referred to as “Parliamentary Election Law”).
b) Act II of 1990 on the modification of the Parliamentary Election Law;
c) Article 2; paragraph (2) of Article 3; Articles 6-32; Articles 34-38; paragraphs (5)-(6) of Article 39; and, Annexes 1 and 5-16 of Act III of 1994 on the modification and amendment of the Parliamentary Election Law;
d) Act XXV of 1994 on the modification of the Parliamentary Election Law;
e) Article 153 of Act I of 1996 on the Radio and Television Broadcasting;
f) Article 22-24 and paragraph (6) of Article 41 of Act LXVI of 1996 on the modification of laws related to the use of the tax identification sign, the Social Security identification sign and the personal identifier;
g) Chapter II; Articles 10 and 12; Chapters IV and V; paragraphs (1) and (4) of Article 25; the fourth sentence of paragraph (1) and paragraphs (2)-(5) of Article 26; paragraphs (3)-(4) of Article 27; Article 28; paragraphs (2), (3) and (5) of Article 30; Chapter VII; the first and second sentence of paragraph (2), paragraph
(3) of Article 42; the part of the text “on the grounds of paragraph (1) Article 27” from the second sentence of paragraph (1) of Article 46/A; paragraphs (2)-(3) of Article 48; paragraphs (1) and (3) of Article 50/A; the second sentence of paragraph (1) and the part of the text of “pursuant to paragraph (4) Article 28” from the paragraph (4) of Article 50/C; Article 50/D; Chapter XII; paragraph (2) and the part of the text “in 30 days from the vacancy to the relevant election committee” from paragraph (3) of Article 53; clauses b), c) e)-j), o), r)-t), w)-z) of Article 54/A; Article 56; clauses a), b) and f) of Article 57; Article 58; paragraph (1) of Article 59; Articles 60-62; and, Annexes 1,2 and 6 of Act LXIV of 1990 on the Election of the Members and Mayors of Local Governments (hereinafter referred to as the “Local Elections Law”);
h) Articles 2-4; Article 6; Articles 8-18; Articles 20-27; Article 38; paragraph (1) of Article 40; and Article 41 of Act LXII of 1994 on the modification of the Local Elections Law;
i) paragraphs (3)-(5) of Article 45; paragraph (3) of Article 47; the second sentence of paragraph (2) of Article 49; paragraph (1) of Article 50; and Article 51 of Act LXV of 1990 on Local Governments;
j) clause l) of Article 32 and clause m) of Article 36 of Act XX of 1996 on the methods of identification replacing the personal identification number, and the use of identification codes.
Modified provisions
§ 156
§ 157
§ 158
§ 159
§ 160 In Annex 4 to the Parliamentary Elections Law, party, or the election list of a party shall mean list.
§ 161
§ 162
§ 163 (1)
(2)
§ 164
§ 165
§ 166
§ 167
§ 168
§ 169
§ 170
Annex 1 to Act C of 1997
The text of the oath taken by the members of election bodies, election offices
“I…………………………… swear that I shall comply with and cause others to comply with the provisions of the Constitution and the rules of law pertaining to the elections, referendums and popular initiations. I shall fulfil my function, commission for the benefit of my Country, making every effort, conscientiously.
(According to the conviction of the person taking an oath.)
God so help me!”
Annex 4 to Act C of 1997
(Sample of the small list ballot paper for local elections.)
BALLOT PAPER
The election of the members of local governments
……(day) ………………………. (month) …………..(year)
………………………… (county)
(constituency number) …………………..
It is possible to cast a valid vote maximum on …. candidates!
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O independent candidate
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
It is possible to vote on the candidates with two intersecting lines placed in the circle beside the name of the candidates, for example:
(The ballot paper shall indicate, beside the name of the nominating organisation registered by the court, at its request, the abbreviation of the nominating organisation. In the event of joint candidates, the ballot paper shall indicate the name of each nominating organisation.
If the candidate is entered into the register by the election body as a candidate representing a national or ethnic minority, then the name of such minority shall be indicated on the ballot paper. At the request of the candidate representing the minority, or the nominating organisation for the minority, the ballot paper shall indicate the name of the candidate, the name of the nominating organisation and the name of the minority also in the mother tongue of the minority.)
Annex 5 to Act C of 1997
(Sample of the single mandate constituency ballot paper for local elections.)
BALLOT PAPER
The election of the members of local governments
……(day) ………………………. (month) …………..(year)
………………………… (name of the settlement)
(constituency number) …………………..
It is possible to cast a valid vote maximum on one candidate!
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O independent candidate
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
It is possible to vote on the candidate with two intersecting lines placed in the circle beside the name of the candidate, for example:
(The ballot paper shall indicate, beside the name of the nominating organisation registered by the court, at its request, the abbreviation of the nominating organisation. In the event of joint candidates, the ballot paper shall indicate the name of each nominating organisation.
If the candidate is entered into the register by the election body as a candidate representing a national or ethnic minority, then the name of such minority shall be indicated on the ballot paper. At the request of the candidate representing the minority, or the nominating organisation for the minority, the ballot paper shall indicate the name of the candidate, the name of the nominating organisation and the name of the minority also in the mother tongue of the minority.)
Annex 6 to Act C of 1997
(Sample of the ballot paper for the election of mayors and the Mayor of the capital.)
BALLOT PAPER
The election of the mayor/the Mayor of the capital
……(day) ………………………. (month) …………..(year)
………………………… (name of the settlement)
It is possible to cast a valid vote maximum on one candidate!
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O independent candidate
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
(name of the candidate) O (name of the nominating organisation)
It is possible to vote on the candidate with two intersecting lines placed in the circle beside the name of the candidate, for example:
(The ballot paper shall indicate, beside the name of the nominating organisation registered by the court, at its request, the abbreviation of the nominating organisation. In the event of joint candidates, the ballot paper shall indicate the name of each nominating organisation.)
Annex 7 to Act C of 1997
(Sample of the ballot paper for the election of the lists of the metropolitan/county convention.)
BALLOT PAPER
The election of the members of the metropolitan/…………county convention
……(day) ………………………. (month) …………..(year)
………………………… (Budapest/name of the county)
It is possible to cast a valid vote maximum on one candidate!
| 1. | 2. | X |
| O | O | O |
| (name of the nominating organisation) | (name of the nominating organisation) | (name of the nominating organisation) |
| (name of the candidate) | (name of the candidate) | (name of the candidate) |
| (name of the candidate) | (name of the candidate) | (name of the candidate) |
| (name of the candidate) | (name of the candidate) | (name of the candidate) |
| (name of the candidate) | (name of the candidate) | (name of the candidate) |
| (name of the candidate) | (name of the candidate) | (name of the candidate) |
It is possible to vote on the list with two intersecting lines placed in the circle above the name of the nominating organisation, for example:
(The ballot paper shall indicate, beside the name of the nominating organisation registered by the court, at its request, the abbreviation, the black-and-white print of the symbol or badge of the nominating organisation. In the event of joint candidates, the ballot paper shall indicate the name of each nominating organisation.
If it is justified by the number of the lists, the ballot paper shall indicate the lists in two rows.)
Annex 8 to Act C of 1997
(Sample of the ballot paper for the election of the local government for minorities.)
BALLOT PAPER
The election of the members of the local government for minorities
……(day) ………………………. (month) …………..(year)
………………………… (name of the settlement)
It is possible to cast a valid vote maximum on …. candidates of one minority!
| (name of the minority) | (name of the minority) | (name of the minority) | ||
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
| (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) | O | (name of the candidate,the nominating organisation) |
It is possible to vote on the candidates with two intersecting lines placed in the circle beside the name of the candidates, for example:
(The ballot paper shall indicate, beside the name of the nominating organisation registered by the court, at its request, the abbreviation of the nominating organisation.
At the request of the candidate representing the minority, or the nominating organisation for the minority, the ballot paper shall indicate the name of the candidate, the name of the nominating organisation and the name of the minority also in the mother tongue of the minority.)