ACT XX OF THE YEAR 1949 THE CONSTITUTION OF THE HUNGARIAN REPUBLIC (Excerpted Publication)
Chapter I. General Provisions
Chapter III. The President of the Republic
Chapter IX. Local Governments
Chapter XII. Fundamental Rights and Duties
Chapter XIII. The Basic Principles of Elections
ACT IV. OF THE YEAR 1978 ON THE CRIMINAL CODE (Excerpted Publication)
Chapter XV. Crimes Against Public Administration, Justice and Purity of Public Life
ACT LXIV OF THE YEAR 1990 ON THE ELECTION OF LOCAL MUNICIPAL GOVERNMENT REPRESENTATIVES AND MAYORS
Chapter I. Suffrage
Chapter II. Registration of Voters
Chapter III. Constituencies and Polling Stations
Chapter IV. Election Organs
Chapter V. The Election Campaign
Chapter VI. Nomination
Chapter VII. Voting
Chapter VIII. The System of the Election and Determination of the Result Small List
Election
Chapter IX. Election of the Members of the Capital Assembly
Chapter IX/A. Election of the Members of the County Assembly
Chapter X. Election of the Mayor and the Lord Mayor
Chapter XI. Protection of the Rights of National and Ethnic Minorities
Chapter XII. Legal Remedy
Chapter XIII. By-elections
Chapter XIV. Change In Size of the Constituency and the Effect This Has on the Rights of
the Representative
Chapter XV. Explanatory and Final Provisions
ACT LXXVII OF THE YEAR 1993 ON THE RIGHTS OF NATIONAL AND ETHNIC MINORITIES (Excerpted Publication)
Chapter III. Collective Rights of Minorities
Chapter IV. Minority Municipalities
The National Minority Self-government
Chapter IX. Final Provisions
PROVISIONS OF ACT C OF THE YEAR 1997 ON THE ELECTORAL PROCEDURE* REFERRING
TO THE ELECTION OF LOCAL MUNICIPALITY REPRESENTATIVES, MAYORS AND MEMBERS OF LOCAL
MINORITY MUNICIPALITIES
(Edited, Partial Publication)
PART I. GENERAL PROVISIONS
Chapter I. Basic rules
Chapter II. Publicity of the electoral procedure
Chapter III. Constituencies, polling stations
Chapter IV. Recording rights of voting
Chapter V. Electoral authorities
Chapter VI.
Chapter VII. Proposal and nomination of candidates
Chapter VIII. Voting
Chapter IX. Summarisation of votes
Chapter X. Legal remedies
PART II. SPECIAL PROVISIONS
Chapter XII. Election of local municipality representatives, mayors and members of local minority municipalities (§ 101-115. can be found edited into the General Provisions.)
PART III. CLOSING PROVISIONS
Chapter XVII. Provisions for interpretation
Chapter XVIII. Coming into force and execution of the act
SUPPLEMENTS
ACT XX OF THE YEAR 1949
THE CONSTITUTION OF THE HUNGARIAN REPUBLIC
(Excerpted Publication)
Chapter I.
General Provisions
Article 2.
(2) In the Republic of Hungary supreme power is vested in the people, who exercise their sovereign rights directly and through elected representatives
Chapter III.
The President of the Republic
Article 30/A
(1) The President of the Republic
d) shall call for parliamentary and local governmental general elections, as well as the day of the nation-wide referendum;
Chapter IX.
Local Governments
Article 42.
Eligible voters of the communities, cities, the capital and its districts, and the counties
have the right of local self-government. Local self-government refers to independent, democratic management of local affairs and the exercise of local public authority in the interests of the population.
Article 44.
(1) Eligible voters exercise the right of local self-government through the representative body that they elect and by means of local referendum.
(2) Election of members of the representative body and of the Mayor – excepting by-elections – shall be held in October of the fourth year following general elections.
(3) Mandate of representative body shall extend until the day of local government general elections. Should the case occur election did not take place failing candidates, mandate of representative body become longer until the day of by-election. Mandate of Mayor shall extend to the election of new Mayor.
(4) A representative body may declare its dissolution prior to the expiration of its mandate and in accordance with the conditions stipulated in the law on local governments. Upon dissolution of the body [ Article 19, paragraph (3), Point 1)] the mandate of the Mayor also ends
Chapter XII.
Fundamental Rights and Duties
Article 70.
(1) All adult Hungarian citizens residing in the territory of the Republic of Hungary have the right to be elected and the right to vote in Parliamentary elections, local municipality elections or minority municipality elections, provided that they are present in the country on the day of the election or referendum, and furthermore to participate in national or local referenda or popular initiatives.
(2) Persons residing in the territory of the Republic of Hungary as immigrants who do not have Hungarian citizenship also have the right to vote in local municipality elections of representatives and the Mayor, as well as the right to participate in local referenda and popular initiatives, in accordance with the regulations of a separate law, provided that they are present in the country on the day of the election or referendum.
(3) The right to vote shall not be granted to persons who are under guardianship limiting or excluding their capacity for action, to persons who are subject to a final legal judgement, forbidding them to participate in public affairs, nor to persons who are serving a prison sentence on the basis of a final legal judgement or who are under compulsory medical treatment on the basis of a final legal judgement rendered in criminal proceedings.
(4) All Hungarian citizens have the right to participate in public affairs, and furthermore to hold public office in accordance with their suitability, education and professional ability.
Chapter XIII.
The Basic Principles of Elections
Article 71.
(1) Members of Parliament, members of representative bodies of local governments, Mayors and the Mayor of the Capital are elected by direct and secret ballot by voting citizens, based on their universal and equal right to vote.
(2) The members of the county General Assembly shall elect the President of the county General Assembly by secret ballot.
(3) Separate laws shall establish provisions for the election of Members of Parliament, members of representative bodies of local governments and Mayors. A majority of two thirds of the votes of the Members of Parliament present is required to pass such laws.
ACT IV. OF THE YEAR 1978
ON THE CRIMINAL CODE
(Excerpted Publication)
Chapter XV.
Crimes Against Public Administration, Justice
and Purity of Public Life
Heading I.
Crime against the order of election, referendum and popular initiative
Article 211.
Anyone who during the election of Member of Parliament as well as local municipal government representatives and Mayors, and also during the nation-wide or local referendum and the popular initiative
a) obtains a proposal by violating the rules of the nomination process through forcefulness, threats, deception or material reward,
b) obtains a signature in the interest of motioning a referendum or popular initiative through forcefulness, threats, deception or material reward
c) casts a vote without having right to vote,
d) signs without a title, indicates false data,
e) hinders anyone with suffrage in election, or participating in the referendum,
f) violates the secrecy of the election or that of the referendum,
g) falsifies the result of the election, the referendum, or of the popular initiative,
shall commit a criminal act and is punishable by up to three years imprisonment
ACT LXIV OF THE YEAR 1990
ON THE ELECTION OF LOCAL MUNICIPAL GOVERNMENT REPRESENTATIVES AND MAYORS
Chapter I.
Suffrage
Article 1.
Suffrage shall be general and equal, and voting shall be direct and secret.
Article 2.
(1) Every adult Hungarian citizen who has a permanent place of residence or staying address in Hungary shall have the right to vote and to be elected during municipal government elections. Suffrage shall be extended to non-Hungarian citizens – who are majors according to Hungarian law – who have immigrated to Hungary. (hereafter together referred to as the voter).
(2) Any person who
(a) is under guardianship limiting or excluding his capacity for action;
(b) has been barred by a final legal judgement from participating in public affairs;
(c) is serving a prison sentence;
(d) has been committed in criminal proceedings to compulsory medical treatment shall be disqualified from the franchise.
(3) Voters shall exercise their right to vote of their free will and – with the exceptions provided for in this Act – in their permanent place of residence.
(4) Voters who have registered a staying address beside their permanent place of residence by no later than the day preceding the day of the calling of election, may exercise their right to vote in their staying address by certificate.
Article 3.
Non-Hungarian citizens shall not be entitled to be elected as a member of the municipal governmental assembly (representative henceforth) or mayor.
Chapter II.
Registration of Voters
Annulled
Chapter III.
Constituencies and Polling Stations
Article 8.
A settlement with 10 000 or a smaller number of inhabitants – in the small-list election system (Article 42.) – shall comprise one constituency, in which the number of representatives shall be
a) 3 up to 100 inhabitants,
b) 5 up to 600 inhabitants,
c) 7 up to 1 300 inhabitants,
d) 9 up to 3 000 inhabitants,
e) 11 up to 5 000 inhabitants,
f) 13 up to 10 000 inhabitants.
Article 9.
(1) In a settlement with more than 10 000 inhabitants and in the capital districts the representatives shall be elected in the mixed election system (Articles 43 to 45.).
(2) The number of individual constituencies and the compensation list mandates shall be:
a) 10 individual constituencies and 7 list mandates up to 25 000 inhabitants;
b) 14 individual constituencies and 9 list mandates up to 50 000 inhabitants;
c) 15 individual constituencies and 10 list mandates up to 60 000 inhabitants;
d) 16 individual constituencies and 11 list mandates up to 70 000 inhabitants.
(3) The number of representatives elected in individual constituencies shall increase by one for each additional 10 000 inhabitants and those elected on the compensation list shall increase by one for each additional 15 000 inhabitants.
Article 10.
Annulled.
Article 11.
(1) Voters shall elect the 66 members of the Budapest capital Assembly directly from a list. In this instance the capital Budapest shall comprise one individual constituency.
(2) With respect to the election of County Assemblies there shall be two constituencies each in every county, one separately for settlements with 10 000 or less inhabitants and one separately for settlements with more than 10 000 inhabitants.
Article 12.
Annulled.
Chapter IV.
Election Organs
Articles 13 to 22.
Annulled.
Chapter V.
The Election Campaign
Articles 23 to 24.
Annulled.
Chapter VI.
Nomination
Article 25.
(1) Annulled.
(2) Voters may only propose one candidate or one list per nomination type.
(3) The voter may only accept one settlement small-list, or one individual constituency and one compensation list, one mayoral, and furthermore one County Assembly and one local minority self-government nomination in one constituency, in Budapest the voter may accept one individual constituency, one capital district compensation list, one mayoral, one capital list, one Lord Mayoral, as well as one local minority self-governmental nomination.
(4) Annulled.
Article 26.
(1) Organisations proposing common candidates or common lists shall be deemed single nominating organisations. Should more than one party, social or minority organisation propose a candidate or list, they shall be considered – from the perspective of the election – henceforth to be a single nominating organisation. A minority organisation may not propose a candidate – eligible for a preferential mandate – together with parties or social organisations.
(2) to (5) Annulled.
Article 27.
(1) Anyone who has been proposed by at least 1 % of the voters in the given constituency shall become a small-list, or individual constituency candidate. A nominating organisation, which has collected the proposal of at least 0.3 % of the voters in the settlements of the county, may propose a list in the county constituency.
(2) The mayoral candidate shall be proposed for candidacy
a) by at least 3 % of the voters in settlements with 10 000 inhabitants or less,
b) by 2 % of the voters, but at least 300 voters in settlements with 100 000 inhabitants or less,
c) by 1 % of the voters, but at least 2 000 voters in settlements with more than 100 000 inhabitants.
(3) The Lord Mayoral candidate shall be proposed by 0.5 % of the voters of the capital city.
Article 28.
Annulled.
Article 29.
(1) A compensation list may be proposed in a settlement with more than 10 000 inhabitants by a nominating organisation which has proposed candidates in at least one quarter (Appendix No. 3.) of the individual constituencies. The number of candidates shall include:
a) candidates proposed by the given nominating organisation alone;
b) of the common candidates the ratio of candidates belonging to the given nominating organisation, which shall be established according to common candidates, in proportion to the nominating organisations proposing the candidate. Candidate ratio shall not be created from the common candidates on whom the proposal of the common list is based.
(2) During the election of the members of the Capital Assembly a list may be proposed in Budapest by the nominating organisation which has proposed a compensation list in at least six capital districts.
Article 30.
(1) Nominating organisations which
a) have proposed common individual candidates in at least one quarter of the individual constituencies may propose a common compensation list,
b) have proposed in the capital city a common compensation list in at least six capital districts may propose a capital common list,
c) have collected in the county constituency at least as many common proposals as determined by paragraph (1) of Article 27. may propose a county common list.
(2) to (3) Annulled.
(4) The right to propose lists shall not be affected by an announced individual constituency candidate withdrawal
(5) Annulled.
Chapter VII.
Voting
Article 31 to 41.
Annulled.
Chapter VIII.
The System of the Election and Determination of the Result
Small List Election
Article 42.
(1) In settlements with 10 000 or less inhabitants the representatives shall be elected on the small-list. In the case there is a smaller number of candidates than the number which may be elected on the basis of Article 8. the election may not be held and by-elections shall be organised.
(2) Voters may cast their votes on a number of candidates on the ballot paper no greater than the possible number of members in the representatives assembly.
(3) Annulled.
(4) Candidates receiving the greatest number of votes according to the possible number of representatives who may be elected (Article 8.) shall become representatives.
(5) In the case of an equality of votes lots shall be drawn to decide which of the candidates receiving an equal number of votes shall receive the mandate.
(6) Should a lesser number of representatives be elected at the election than the law determines then by-elections shall be held to fill the representative mandates which remained vacant.
(7) If the small-list candidate shall also be elected as mayor then s/he shall be struck from the small-list and the candidate receiving the greatest number of votes shall take his or her place.
(8) Annulled.
Mixed Election System
Article 43.
(1) In the capital districts and in settlements with more than 10 000 inhabitants a part of the representatives shall be elected in individual constituencies, and the rest shall receive their mandates off the compensation list.
(2) Voters shall cast their votes on individual constituency candidates using the individual ballot paper.
Article 44.
(1) In the individual constituency the candidate receiving the greatest number of valid votes shall become a representative.
(2) If in the individual constituency the election could not be held because there were no candidates, furthermore if the greatest number of votes was reached by two or more candidates with an equality of votes, by-elections shall be held.
(3) Each of the compensation lists shall receive mandates in proportion to the surplus votes aggregated in the settlement’s individual constituencies. A surplus vote shall be determined in an individual constituency as a vote – cast on a candidate of the nominating organisation – by means of which a mandate was not obtained. In case nominating organisations of common candidates are not in possession of common compensation list and the common candidate has not become a representative, then surplus votes are distributed between the individual lists of the nominating organisations in proportion to the number of nominating organisations putting forward common candidates. The independent compensation list shall receive the whole number part of the calculated vote proportion when distributing surplus votes. If a nominating organisation involved does not possess an individual compensation list, then part of surplus votes falling on the given organisation shall be forfeit.
Article 45.
(1) The list shall receive mandates in proportion to the number of votes – on the basis of the calculation specified in paragraph (4).
(2) Candidates on the compensation list shall receive mandates in the order of their announcement. If a candidate is withdrawn from the list, his or her place shall be taken by the candidate succeeding him or her on the list. If a candidate on a list was elected as mayor or as an individual constituency representative, then s/he shall be stricken off from the list.
(3) In the case of a candidate in Budapest receiving a mandate from both a capital district list and a capital list, then s/he shall declare which mandate s/he shall accept. His or her name shall be stricken off from the list whose mandate s/he did not accept.
(4) The method of calculation shall be:
a) A table shall be compiled, on which a column of numbers shall be created under the name of each list. The first number in the column of numbers shall be the number of votes cast on the given list divided by 1.5, the following numbers a third, a fifth, a seventh, etc. thereof.
b) Mandates shall be distributed by means of this table. The greatest number occurring in the table shall be sought, and the list under which it was found shall receive a mandate. Then the next greatest number shall be sought and the list in the column of which the number can be found – shall be given a mandate. This procedure shall be carried out until every mandate shall be distributed. In the case of the equality of the greatest number occurring in the table, then the list that up to that time has not received a mandate, or has not received as many mandates, and finally the list that was allocated a smaller ordinal number during the drawing lots, shall receive a mandate.
(5) If a compensation list shall receive a greater number of votes than the number of persons appearing on the list, then the mandate shall remain vacant.
Chapter IX.
Election of the Members of the Capital Assembly
Article 46.
(1) The 66 members (Article 11.) of the Budapest Capital Assembly shall be elected by voters directly, from lists.
(2) Capital lists shall receive mandates according to the mode of calculation specified in paragraph (4) of Article 45. – in proportion to the votes.
(3) The candidates on the list shall receive mandates in the order of their announcement. The place of a withdrawn candidate shall be taken by the candidate succeeding him or her on the list.
(4) In the case of a list receiving a greater number of votes than the number of candidates contained on that list, then the mandate shall remain vacant.
(5) Annulled.
(6) A list on which the number of votes validly cast did not exceed 4 % of the votes validly cast on capital lists shall not receive a mandate.
Chapter IX/A.
Election of the Members of the County Assembly
Article 46/A.
(1) The members of the County Assembly shall be elected by the voters – the voters of towns with county jurisdiction exclusive – directly, from a list. The nominating organisation may present two lists in the same county for the election of the members of the County Assemblies, one for settlements with a population of 10 000 or less and one for settlements with a population of more than 10 000. There shall be separate ballot papers for the election of members of the County Assembly in settlements with a population of 10 000 or less, and in settlements with a population of more than 10 000. Appendix 4 shall contain the number of the members of the County Assemblies.
(2) Lists – calculated separately in settlements with a population of 10 000 or less and in settlements with a population of more than 10 000 – shall receive mandates according to paragraph (4) of Article 45 in proportion to the votes cast.
(3) A list on which the number of votes cast did not exceed 4 % of all the votes validly cast in the constituency shall not receive a mandate. This limit shall be reached separately with regard to each of the constituencies.
Chapter X.
Election of the Mayor and the Lord Mayor
Article 47.
(1) The mayor and the Lord Mayor shall be elected directly by the voters of the settlements.
(2) Annulled.
(3) Every Hungarian citizen who has the franchise and does not hold a post that is incompatible with the mayoral mandate may be elected a mayor.
(4) The candidate receiving the greatest number of the votes validly cast shall become mayor or Lord Mayor.
(5) If the election could not be held because there were no candidates or because the number of votes were received by two or more candidates in an equality of votes then by-elections shall be called for.
Chapter XI.
Protection of the Rights of National and Ethnic Minorities
Article 48.
(1) The provisions of the Minorities Act with the alterations and amendments contained in this part shall be applied for the nomination and election of national and ethnic minority self-government representatives.
(2) to (3) Annulled.
Article 49.
(1) If no candidate of the same minority shall receive a mandate as a result of the settlement small-list election voting, then the number of votes, which is equal to the half of the number of votes that were validly cast on the candidate receiving mandate by the smallest number of votes, shall be calculated. Every minority candidate who did not receive a mandate shall receive it in the case that the number of votes cast on them shall be greater than the number determined in the above way; should there be more than one such minority candidate, then the one with the greatest number of received votes. If there are two or more such candidates who have an equality of received votes, then the mandate shall be decided according to the drawing of lots specified in paragraph (4) of Article 28.
(2) The number of representatives, as set forth in Article 8., of the settlement assembly shall be increased by the mandate received in the manner determined in paragraph (1).
Article 50.
(1) In the mixed election system according to minorities separate compensation lists shall be used to register each candidate proposed in an individual constituency, whether they were proposed as an independent minority candidate or a minority nominating organisation candidate. The minority nominating organisations, along with the minority candidates may also put forward a common compensation list.
(2) The reaching of the one quarter limit determined in Article 29. is not necessary for presenting of a minority compensation list, but a capital list shall not be put forward on the basis of a minority compensation list.
(3) The individual constituency minority candidate may decline the minority compensation list candidacy in writing.
(4) Candidates on the minority compensation list shall be listed in alphabetical order.
(5) The minority compensation list shall receive mandates according to paragraph (4) of Article 45. Out of the candidates standing for election on the list the one receiving the greatest number of votes in the individual constituency shall become a representative. In the case of an equality of votes candidates shall receive mandates according to paragraph (4) of Article 28.1
(6) If as a result of the election the minority compensation list does not receive a mandate, then
a) the smallest number, which is still eligible for a mandate shall be sought [Article 45. paragraph (4)] and one quarter thereof determined;
b) a compensation list that has received more votes than the number determined according to subparagraph a) shall receive a mandate.
(7) If a candidate on the minority compensation list is elected as a representative in an individual constituency then his or her name shall be stricken off from the list, and his or her place shall be taken by the candidate succeeding him or her.
(8) The number of representatives of the settlement as set forth under Article 9. shall increase by the mandate received in the manner determined by paragraph (6).
Article 50/A.
(1) Annulled.
(2) The local minority self-governmental election must be called for if this was so requested by at least five voters declaring themselves to be of the same minority and holding a permanent place of residence in the settlement.
(3) Annulled.
(4) Any minority in a given settlement may only create one local minority self-government.
(5) The election shall be held only if there are at least as many candidates as there are number of mandates for minority representatives.
Article 50/B.
(1) Anyone who was proposed – according to the general rules of nomination – as a minority candidate by at least five voters in the constituency shall become a candidate for representative of the local minority self-government.
(2) Any voter who shall accept the representation of the minority specified in the Minorities Act may be proposed for the local minority self-government.
Article 50/C.
(1) Everyone who is eligible to vote in the election of the representatives of the settlement self-government may participate in the election of the local minority self-government.
(2) The election of the local minority self-government shall be one round. The election shall be valid with respect to the local minority self-governments for which at least 50 voters included in the electoral register of settlements with a population of 10 000 or less, or at least 100 voters contained in the electoral register of settlements with a population exceeding 10 000, as well as in the capital districts, shall cast valid votes.
(3) Candidates who shall receive the greatest number of votes according to the number of representatives to be elected shall become representatives in the local minority self-government. Voters may only cast their votes on a number of candidates on the ballot paper as there may be members in the minority self-government.
(4) Candidates who shall receive an equal number of votes shall receive a mandate on the basis of a drawing of lots.
(5) A candidate who fails to attract any votes may not become a representative.
(6) If the voters shall elect a smaller number of representatives than the number of representatives of the assembly of the local minority self-government, then the assembly may function with less members until the next election. The number of members shall not be smaller than three.
(7) Should the local minority self-government fail to be created, then upon the initiative of five voters, declaring themselves to be of the same minority and holding a permanent place of residence in the settlement, the election of the local minority self-government may only be held on the third Sunday of November of the year following the year of the general election of municipal governments. Such an initiative may only be made until the 60th day preceding the election.
(8) If the mandate of a representative of the local minority self-government created in a direct manner terminates, then his or her place shall be filled by the candidate who had received the second greatest number of votes. The mandate shall remain vacant until the next election if there shall be no such candidate.
(9) If the number of members of the indirectly formed local minority self-government shall fall below the number specified in Appendix No. 5, then the local minority self-government formed in this way shall be dissolved.
Chapter XII.
Legal Remedy
Articles 51 to 52.
Annulled.
Chapter XIII.
By-elections
Article 53.
(1) By-elections shall be held if the mandate of an individual constituency representative or the mayor is ceased, and in cases provided for under paragraphs (1) and (6) of Article 42., paragraph (2) of Article 44., paragraphs (4) and (5) of Article 53. and paragraphs (2) and (4) of Article 54.
(2) Annulled.
(3) In cases where the mandate of a representative elected on the settlement small-list or minority small-list has ceased, it shall be obtained by the candidate who had received the second greatest number of votes. In case where the representative elected from the county, compensation, or capital list is withdrawn, his or her place shall be taken by a candidate included on the list originally announced by the nominating organisation. Should the nominating organisation fail to give notice of this within the deadline set above1 the vacant mandate shall be fulfilled by the candidate next in line on the list. If there are no more candidates on the small-list or the list, then no by-election shall be called for and the mandate shall remain vacant until the next general election.
(4) Should the number of representatives elected from the small-list fall below the number of representatives necessary for the functioning of the assembly, by-elections shall be organised to fill the vacant mandates.
(5) In the case of the municipal assembly having been dissolved or dispersed by itself by-elections shall be held.
Chapter XIV.
Change In Size of the Constituency and the Effect This Has
on the Rights of the Representative
Article 54.
(1) In the case of the creation of a new village the settlement representatives shall retain their mandate as members of the assembly of their respective place of residence if a functioning – that is one that has at least five members – assembly is formed thereof. In this instance the number of representatives may be different from that of specified in this Act for the duration of the mandate.
(2) By-elections shall be held upon the creation of a new village if a functioning assembly according to paragraph (1) cannot be formed.
(3) If the new village is quitted from a settlement with a population of more than 10 000, or from a capital district, and in the settlement or district the assembly can function then the mandate of the settlement or capital district mayor shall be retained.
(4) If the new village is created from a settlement with a population smaller than 10 000, or if a unification of villages is ceased, then the mayor shall be elected on the new village; and in the remaining part of the settlement, if the number of its population shall become less than two-thirds of the previous settlement.
Chapter XV.
Explanatory and Final Provisions
Article 54/A.
During the application of this Act
a) the number necessary for the functioning of the assembly: more than fifty percent of assembly members may be elected according to this Act;
b) to c) annulled;
d) independent candidate: a candidate proposed not by a nominating organisation, but rather a certain number of voters;
e) to j) annulled;
k) nominating organisation: a party registered according to Act XXXIII of 1989. on the Operation and Economy of Parties, as well as a social or minority organisation registered according to Act II. of 1989. on the Right to Assemble;
l) representative: a member of the settlement municipal government, a member of the County Assembly, a member of the Capital Assembly, a member of the local minority self-government;
m) minority candidate: an independent candidate who accepts the representation of a national or ethnic minority, or a candidate of a minority organisation;
n) minority organisation: a social organisation that represents a national or ethnic minority according to its court registration;
o) annulled;
p) national and ethnic minority: minorities listed under paragraph (1) of Article 61. of the Minorities Act;
r) to t) annulled;
u) mayor: the mayor of a settlement, the Lord Mayor of Budapest;
v) settlement: a village, a town, a town with county jurisdiction or a capital district;
w) annulled.
x) constituency: with respect to the election of the members of the County Assembly: the group of settlements with a population of 10 000 or less, also the group of settlements with a population of more than 10 000 – towns with county jurisdiction exclusive; with respect to the election of the Lord Mayor and the members of the Capital Assembly: the capital city; with respect to the election of the mayor, the municipal government representatives of a settlement with a population of less than 10 000, and also to that of the election of the representatives of the local minority self-government: the settlement; with respect to the individual constituency election of representatives of municipal governments of settlements with a population greater than 10 000 the constituencies created for this purpose.
y) to z) annulled.
Article 55.
The election shall be called for on a day that shall not be a national holiday, nor on the day preceding and falling after such.
Article 56.
Annulled.
Article 57.
The Appendices to this Act shall determine:
a) to b) annulled;
c) the number of individual constituency candidates necessary for the proposing of a list;
d) the number of representatives may be elected to the County Assembly;
e) the number of settlement municipal government representatives necessary for the creation of the indirectly formed local minority self-government;
f) annulled.
Article 58.
Annulled.
Article 59.
(1) Annulled.
(2) To determine the number of members of the settlement and local minority self-government the population count shall be established on the 60th day preceding the day of voting on the basis of data contained in the local personal data and address register.
Articles 60. to 62.
Annulled.
Article 63.
(1) This Act shall come into force on the day of its promulgation.
(2) The provisions of Act III of the year 1983 on the Election of Parliamentary Representatives and Members of Councils effective to this day shall be annulled.
Appendix No. 1. to paragraph a) of Article 57.
Annulled.
Appendix No. 2. to paragraph b) of Article 57.
Annulled.
Appendix No. 3. to Act LXIV. of 1990.
Number of Individual Constituency Nominations Required For Proposing of a List
Number of individual constituencies in the settlement |
Number of constituencies in the settlement in which the presentation of individual candidates is a condition for the presentation of lists |
10 |
2 |
14 |
3 |
15 |
3 |
16 |
4 |
If the population is above 70 000, an increase in the population by 10 000 inhabitants shall increase the number of representatives elected in an individual constituency by one, and an increase in the population by 15 000 inhabitants shall have the same effect on the number of list representatives. In the determination of the number of individual constituency nominations necessary for the presentation of a list, fractions shall always be rounded downwards.
Appendix No. 4. to Act LXIV. of 1990.
The Number of Members of the County Assemblies
Name of County |
Number of Assembly Members |
Number of representatives for settlements with a population more than 10 000 |
Number of representatives for settlements with a population less than 10 000 |
Baranya |
40 |
11 |
29 |
Bács-Kiskun |
46 |
19 |
27 |
Békés |
40 |
18 |
22 |
Borsod-Abaúj-Zemplén |
59 |
19 |
40 |
Csongrád |
40 |
15 |
25 |
Fejér |
40 |
6 |
34 |
Gyõr-Moson-Sopron |
41 |
9 |
32 |
Hajdú-Bihar |
40 |
16 |
24 |
Heves |
40 |
10 |
30 |
Jász-Nagykun-Szolnok |
40 |
18 |
22 |
Komárom-Esztergom |
40 |
18 |
22 |
Nógrád |
40 |
10 |
30 |
Pest |
80 |
42 |
38 |
Somogy |
40 |
9 |
31 |
Szabolcs-Szatmár-Bereg |
48 |
9 |
39 |
Tolna |
41 |
15 |
26 |
Vas |
40 |
11 |
29 |
Veszprém |
40 |
16 |
24 |
Zala |
40 |
5 |
35 |
Appendix No. 5. to Act LXIV. of 1990.
The Number of Settlement Municipal Government Representatives – Elected As Candidates of the Same Minority – Necessary for the Creation in an Indirect Manner of Local Minority Self-government
The number of members of the settlement municipal government assembly |
The number of the members of the local minority self-government created in an indirect manner |
5–13 |
3 |
14–17 |
4 |
18–22 |
5 |
23–24 |
6 |
25–26 |
7 |
27 |
8 |
If the population is above 70 000, an increase in the population by 10 000 inhabitants shall increase the number of representatives elected in an individual constituency by one, and an increase in the population by 15 000 inhabitants shall have the same effect on the number of list representatives. In the determination of the number of minority representatives, that is necessary for establishing of a local minority self-government created in an indirect way, fractions shall always be rounded downwards.
Appendix No. 6. to Act LXIV. of 1990.
Annulled.
ACT LXXVII OF THE YEAR 1993
ON THE RIGHTS OF NATIONAL AND ETHNIC MINORITIES
(Excerpted Publication)
Chapter III.
Collective Rights of Minorities
Article 17.
The minorities may create social organisations as well as local municipalities and national self-governments.
Chapter IV.
Minority Municipalities
Article 21.
(1) Each of the minorities may create minority settlement municipalities, or local minority municipalities in a direct or indirect manner, in villages, in towns and in the districts of the Capital and also national minority self-governments, according to the provisions of this Act. In the capital local minority municipality may be created in a direct manner.
(2) Act LXIV of the year 1990 on the Election of Local Municipality Representatives and Mayors, with the modification thereof in Article 64. of this Act, shall provide for the election of citizens who belong to minorities as local representatives.
Article 22.
(1) A settlement municipality whose body is comprised of representatives more than half of whom were elected as candidates of a national or ethnic minority may declare itself to be a settlement minority municipality.
(2) In the case of at least 30 percent of the representatives of the body of the municipality having been elected as candidates of the same minority, then these representatives may create a local minority municipality with no less than 3 members per minority (local minority municipality created in an indirect manner henceforth).
Article 23.
(1) According to Articles 51 to 54 of Act LXIV of the year 1990 on the Election of Local Municipality Representatives and Mayors, which shall have been modified by Article 64. of this Act, voters may create through direct ballot a local minority municipality (local minority municipality created in the direct manner henceforth).
(2) The number of members of the body of the local minority municipality created in the direct manner shall be 3 persons in settlements with a population of 1.300 or less, and 5 persons in settlements with a population of more than 1.300 – capital districts inclusive, and 9 persons in the capital.
(3) The local minority municipality created in the direct manner shall – with the majority vote of its body – elect its own chairmen.
(4) A member of the local minority municipality created in the direct manner, who is not a municipality representative, elected according to Articles 51 to 54. of Act LXIV of the year 1990 on the Election of Local Municipality Representatives and Mayors, modified by Article 64. of this Act, shall only be eligible to become a member of the local minority municipality created in the indirect manner.
(5) Each minority in the settlement shall only create one local minority municipality created in the direct manner, or lacking such, one local minority municipality created in the indirect manner.
(6) The local minority municipality created in the direct and indirect manner (henceforth together as local minority municipality) shall have the same scope of duties and authority, determined by this Act.
(7) A minority shall only be represented in the municipality by an intercessor if the minority represented by him or her does not have a local minority municipality.
The National Minority Self-government
Article 31.
(1) The national minority self-government (national self-government henceforth) may be created according to the regulations of this Act.
(2) The national self-government shall be elected by the minority electors. Each settlement municipality representative who was elected as a minority representative, each local minority municipality representative and the intercessor shall be a minority elector. In the case of a settlement municipality representative body lacking a minority representative of, or intercessor of the minority in question, or in the case of the minority in question lacking a local minority municipality in the settlement, then three voters – who shall declare themselves to belong to the minority in question – shall motion the election of the minority elector.
(3) A meeting of voters shall be convened on motion of at least three voters belonging to the same minority.
Article 32.
(1) The meeting of voters shall be convened by the local electoral committee. One meeting shall be held for each national and ethnic minority, in which voters who have a permanent place of residence in the settlement may participate. The venue and time of the meeting shall be published in a notice.
(2) The meeting of voters shall be conducted within 60 days of the day of the general election of local municipality representatives and mayors. The local electoral committee shall be completed by a common delegate of the voters motioning the meeting of voters (paragraph (3) of Article 31.) for the duration of the election of minority electors. The common delegate shall have the right to participate in the activity of the local electoral committee only in connection to issues of the meeting of voters of the minority in question.
(3) The meeting of residents belonging to the same national or ethnic minority in the settlement shall have the right to elect the minority elector. The meeting of voters shall have a quorum if at least 10 people are present. The participants shall decide on the election of the minority elector by simple majority of secret ballot on the ballot paper prepared on the basis of open candidacy.
(4) Each minority in a given settlement shall elect only one minority elector, and each minority elector shall accept only one electoral mandate.
(5) The fact that only the voters who have the franchise in the settlement have participated in the election shall be monitored by the local electoral committee on the basis of the register compiled by the local notary.
Article 33.
(1) Following the elector’s meetings the local electoral committees shall notify within 3 days to the National Electoral Committee the names of the electors who belong to the same minority elected at the elector’s election meetings.
(2) The National Electoral Committee shall convene the meeting of electors within 60 days of the calendar time limit determined in paragraph (2) of Article 32 providing that the number of electors shall reach 14. The possible number of representatives to be elected [paragraph (3) of Article 63] shall not reach the number of electors present.
(3) The same national or ethnic minority may create only one national self-government. Several national and ethnic minorities may form a common, associated national self-government.
Article 34.
The members of the general assembly of the national self-government shall be elected by secret ballot from among the ranks of the electors by electors, with the application accordingly of the regulations pertaining to small-list election, determined in the Act on the Election of Local Municipality Representatives and Mayors. The ballot paper shall contain each candidate who has the backing of 10 % of the electors. The forming session of the general assembly shall have a quorum if at least three-quarters of the elected electors shall be present.
Chapter IX.
Final Provisions
Article 61.
(4) a) The Capital Minority Municipality shall be elected by the
minority electors. Each district municipality representative who was elected as a minority
representative, furthermore the district minority municipality representative, and the
electors elected especially for this purpose shall become minority electors.
b) In the case of some minority not being able to create a minority municipality in any of
the districts, a meeting of voters shall be convened on motion of 10 voters declaring
themselves to belong to the given minority and maintaining a permanent place of residence
in the capital. 9 representatives shall be elected – according to the provisions of
Articles 31 to 34. of the Minorities Act – on the small-list during the meeting of
voters. The election shall be valid if at least 100 voters of the participants of the
meeting of voters with a permanent place of residence in the capital have cast a valid
vote on the small-list. The minority representatives thus elected shall also perform the
duties of electors at the election of the national self-government of the given minority.
Article 63.
(1) The provisions of Act LXV of the year 1990 on Local Municipalities and the
provisions of other laws pertaining to local municipalities shall be applied in
concordance with the provisions of this Act.
(3) The number of members of the general assembly of the national self-government shall be
fixed upon its first session between 13 and 53 persons by the convened meeting of
electors.
Appendix No. 1. to Act LXXVII. of the year 1993.
A Specimen of the Initiation of the Election of the Local Minority Municipality
To the Local Electoral Committee
................................... name of settlement
The name of the local minority municipality intended to be created: |
......................................................... |
The name,: |
......................................................... |
permanent address, : |
......................................................... |
and personal identification number of the initiator: |
......................................................... |
The declaration of the initiator about
his or her having the franchise and also
about which minority s/he belongs to
.........................................
hand written signature
Date: .........th day of the month of ..............................., 19...... .
Provisions of Act C of the Year 1997 on the Electoral Procedure
referring to the election of local municipality representatives, mayors and members of
local minority municipalities
(Edited, Partial Publication)
According to the Constitution of the Republic of Hungary suffrage is universal and equal, voting is direct and secret. In order that exercising of the right to vote and electoral, referendum and popular initiative procedures shall be democratic and provided with the appropriate guarantees, the Parliament frames the following act:
PART I.
GENERAL PROVISIONS
Chapter I.
Basic rules
Purpose of the Act
Article 1.
The purpose of this act is that voters, candidates, organisations presenting candidates and electoral authorities shall exercise their right to vote based on uniform, clearly arranged and simple procedure rules within legal scope.
Scope of Application of the Act
Article 2.
This act is to apply in the event of:
a) ...
b) election of municipality representatives and mayors and minority municipality members,
c-e) ...
Basic Principles of the Electoral Procedure
Article 3.
Upon application of the rules of the electoral procedure participants concerned in the election shall realise the following basic principles:
a) preservation of electoral fairness, prevention from electoral fraud,
b) voluntary participation in presenting candidates, the election campaign and voting,
c) equal chances of candidates and organisations presenting candidates,
d) bona fide and proper legal practice,
e) possibility and impartial judgement of legal remedy,
f) rapid and authentic evaluation of the results of the election
General Rules
Article 4.
(1) Elections shall be called at least 72 days before the election day.
(2) In case the electoral committee or court has a voting repeated, the electoral committee shall call the repeated voting for the seventh day after the voting to be repeated.
(3) Deadlines declared in this act are subject to loss of right, they expire on the last day of the deadline at 16 o'clock unless the law orders else.
(4) Deadlines counted in days shall be calculated according to calendar days.
Article 5.
Expenses of execution of state tasks in connection with preparation for and completion of elections shall be covered from the central budget to a degree designed by the Parliament. The State Audit Office informs the Parliament on the usage of these financial resources.
Calls for Local Minority Municipality Elections
Article 114.
(1) Local electoral committees shall call for local minority municipality elections. Elections are to be called at latest 45 days before settlement municipality election day for the same day.
(2) Calls for local minority municipality elections may be initiated in writing within 10 days after calls for settlement municipality elections. A sample initiating document is contained in the appendix of the Act on rights of national and ethnic minorities.
By-elections
Article 115.
(1) Proper electoral committees shall call for a by-election within 30 days after a reason has emerged. No by-election may be called for during a period of 6 months before and after general municipality elections. Rules of general elections shall be applied to by-elections.
2) In case a representative elected from a county, compensation or
capital list falls out, new candidates for the vacancy may be submitted to the proper
electoral committee within 30 days following the vacancy by the nominating organisation.
(3) In case an electoral committee or court has an election repeated, the proper electoral
committee shall call for the repeated election within 30 days after the election to be
repeated.
Chapter II.
Publicity of the electoral procedure
Article 6.
(1) Operation and activity of electoral committees and data at the disposal of electoral committees are public with exceptions defined in the law. Publicity of the electoral procedure may not violate the secrecy of voting, personal rights and those in connection with the protection of personal data.
(2) Copies of the minutes recording the results of elections shall be put at the disposal of organisations nominating candidates and independent candidates free of charge. Computer data of elections are available to anybody with the same conditions upon payment of a fee.
(3) Responsible electoral offices shall publish a statement on the particulars of elections (venue and date of voting, candidates, publication of the register of the voters, the manner of voting, the results of elections).
(4) Names of the members of the electoral committee and the leader of the electoral office and address of the office premises of electoral authorities shall be published in the locally usual manner, names of the members of Parliament single-member constituency and local electoral committees also in official periodicals of capital and county general assemblies, data of National Electoral Committee in Magyar Közlöny.
(5) Electoral offices shall assure that voters may obtain general information on particulars of elections, the manner of voting and response for their questions.
(6) Electoral offices may give information on the number and rate of voters on election day before the end of the election.
Article 7.
Representatives of the Media may be present at the work of Electoral Committees but they may not disturb their activity.
Article 8.
(1) Results of public opinion researches in connection with elections may not be published from the eighth day before election day until the end of the election.
(2) Public opinion researches on election day may only be carried out with the following conditions:
a) public opinion researches may only be anonymous and based on voluntary principle,
b) public opinion researchers may not enter buildings where a polling-place is situated or disturb voters in any manner, they may only ask those leaving polling-places.
Chapter III.
Constituencies, polling stations
Article 9.
(1) Constituencies shall be formed in a manner that number of inhabitants be approximately identical in each constituency.
(2) In forming constituencies minority, religious, historical, geographical and other characteristics must be taken into consideration.
Article 101.
Constituencies are the following:
a) in case of election of members of county general assembly settlements with 10000 inhabitants or less altogether and settlements with more than 10000 inhabitants altogether without cities of county rank,
b) in case of election the mayor of the capital and members of capital general assembly the capital,
c) in case of election of mayor or municipality representatives for settlements with 10000 or less inhabitants and local minority municipality representatives the settlement,
d) in case of single-member constituency election of municipality representatives for settlements with more than 10000 inhabitants constituencies established for this purpose.
Article 102.
(1) Serial number and area of single-member constituencies are to be determined by heads of local electoral offices on the basis of number of inhabitants on 1st January of the year of the election.
(2) Objections against the decision of heads of local electoral offices may be submitted to the head of the district electoral office within three days after the decision in case single-member constituencies have been formed within settlements in a manner that number of inhabitants in individual constituencies are not proportional. Heads of district electoral offices shall make a decision on objections within three days. No further legal remedy shall be available.
Article 10.
(1) Number, serial number and geographical arrangement of constituencies and address of polling places are to be designed by the leader of the local electoral committee in a manner that each constituency shall have approximately six hundred but at most one thousand two hundred voters and each settlement shall have at least one constituency. Leaders of local electoral offices shall continuously pay attention to changes concerning the forming of constituencies and take measures accordingly.
(2) At settlements with two or more electoral districts an electoral district shall be designed where voters with addresses containing only the name of the given settlement according to the law on address registration may vote. At settlements with two or more constituencies the leader of the local electoral committee shall design an electoral district belonging to the constituency drawn by him or her.
Article 11.
Neither serial number or boundary of settlement, constituency or electoral district, nor name of settlement or street, nor street-number, nor number in cadastral survey may be altered from the call elections until election day.
Chapter IV.
Recording rights of voting
Register of Voters
Article 12.
Leaders of local electoral offices shall compose a register of the voters with a right to vote for each polling station after call election based on data of records on personal data and addresses and records on major citizens without a right to vote and continuously record changes therein.
Article 13.
(1) All persons with a right to vote that are domiciled or lacking this have a residence (hereinafter referred to as address) in the electoral district must be included in the register of voters.
(2) Registers of voters shall be composed in a manner that they fit for identifying the capital, county, settlement and constituency, electoral district and voter. Registers of voters shall contain the following data of voters
a) family and first name (in case of women maiden family and first name also)
b) personal identity number,
c) address,
d) serial number in the register of voters,
e) date of birth of voters with the same name and address or in the event that it is identical, another natural personal identifying datum.
Article 103.
Central offices or regional authorities of records on personal data and addresses shall provide data on immigrated non-Hungarian citizens for the compilation of registers.
Publication of the Register of Voters
Article 14.
(1) The register of voters shall be published for a period of eight days 60 days before election day and the period thereof shall be announced as locally usual. Voters must be informed on their having been included in the register of voters by way of sending an announcement thereon not later than on the 58th day before election day.
(2) This announcement shall contain family and first name, address, personal identity number, serial number in the register of voters, other technical data, venue and date of voting and other particulars of voting.
(3) Registers published may not contain personal identity numbers.
(4) Leaders of local electoral offices may charge other local electoral offices, administrators or central offices of local system of records on personal data and addresses of technical preparation of announcements and official proposal coupons. Heads of local electoral offices shall assure that announcements and official proposal coupons be sent. Heads or members of organisations nominating candidates may not be charged of sending announcements or official proposal coupons.
(5) Heads of local electoral offices shall check delivery of announcements and official proposal coupons.
(6) Voters not having obtained an announcement or an official proposal coupon may require them from the local electoral office.
Alternations of Register of Voters
Article 15.
(1) Head of the local electoral office
a) illegally left out from the register of voters,
b) having won a right to vote after the completion of the register of voters and
c) having regained a right to vote
shall be recorded in the register of voters by heads of local electoral offices and informed thereon by way of announcements.
(2) Heads of local electoral offices shall erase from registers of voters those deceased or having left the right to vote or having been included in a register of voters of another constituency because of alternation of address.
(3) Modified registers of voters shall be available at mayor's offices until the second day before election day.
Article 16.
(1) Voters having altered their address after the completion of the register of voters shall be included in the register at the time of registration on arrival and informed thereon by being handed over an announcement thereof by the head of the local electoral office of the new domicile.
(2) The head of the local electoral office shall with no delay inform the head of the local electoral office of the previous domicile thereon so that erasing from the register may be carried out. The head of the local electoral office of the previous domicile shall inform the head of the local electoral office ex officio that the citizen
a) is included in the register of voters or
b) is included in the register of major citizens not having a right to vote and the reason thereof or
c) has obtained a certificate according to ... § 104. or
d) is not included in either the register of voters or the register of major citizens not having a right to vote.
(3) In the case described in items a) and b) of paragraph (2) the head of the local electoral office of the previous domicile shall erase the citizen from the register of voters or from the register of major citizens not having a right to vote.
(4) In the case described in item b) of paragraph (2) the head of the local electoral office of the new domicile shall erase the citizen from the register of voters, include him or her in the register of major citizens not having a right to vote and inform the citizen thereon.
(5) In the case described in item c) of paragraph (2) the head of the local electoral office of the new domicile shall erase the citizen from the register of voters and inform him or her thereon.
(6) In the case described in item d) of paragraph (2) the head of the local electoral office of the new domicile shall determine the validity of the right to vote based on consultation with the central office of records on personal data and addresses.
Article 104.
(1) Voters with a staying address in addition to a domicile may request the head of the proper local electoral office according to the staying address or on election day the vote counting board to take him or her into the register of voters based on a certificate issued by the head of the proper local electoral office according to the permanent address. Based on the certificate the voter may vote on his staying address.
(2) Upon issuing a certificate the head of the proper local electoral office shall erase the voter from the register of voters. The certificate is to indicate the staying address where the voter wishes to vote based on the declaration of the voter and it must be indicated in the register. The voter or a person charged thereof based on an authorisation for this purpose shall acknowledge obtaining the certificate by a signature.
(3) Based on this certificate and a certificate certifying personal identity the head of the proper electoral office of the staying address or the vote counting board shall take the voter into a separate register. Certificates and separate registers are to be guarded among election documents.
(4) Certificates may not be issued later than the second day before election day. Certificates may be requested personally or by way of an authorised person. Certificates may be requested in a registered letter provided that it arrives at the proper electoral office not later than the 5th day before election day. Letters must indicate staying address where the voter wishes to vote. Certificates requested in a letter are to be sent to voters to the address designed by notice of receipt.
(5) Persons requesting a certificate are bound to inform on their names, personal ID numbers and addresses for the issuing of a certificate.
Records on Major Citizens Not Having a Right to Vote
Article 17.
(1) In order that rights to vote be determined authorities designed in items a)-c) shall continuously inform the central office of records on personal data and addresses on alternations of data according to paragraph (2) of major citizens not having a right to vote as follows:
a) The public guardianship authority acting in connection with the guardianship action on putting under guardianship limiting or excluding power of disposal and termination thereof,
b) National Law Enforcement Authority by way of the authority registering criminals on persons falling within an effectual verdict of injunction from public affairs,
c) National Law Enforcement Authority on citizens at imprisonment and under forced medical treatment ordered effectually in a criminal procedure.
(2) Information according to paragraph (1) shall contain the following data of a citizen:
a) family and first name (in case of women also maiden family and first name),
b) personal identity number,
c) reason for, beginning and expected termination of exclusion from those having a right to vote.
(3) Central office of records on personal data and addresses shall maintain records of major citizens not having a right to vote with data provided according to paragraph (1) and assure maintenance of personal identifying and address data by regularly obtaining data from the records on personal data and addresses.
(4) Data of citizens having regained a right to vote or having got out of the scope of authority of the records on personal data and addresses shall be erased from the records. Data of citizens erased from the register of major citizens not having a right to vote shall be guarded for six months from erasure.
Article 18.
(1) Register of major citizens not having a right to vote shall be managed by the managing authority separated from other registers – except for the register of voters and may only be used for determining rights to vote, no data may be provided therefrom for any other purpose.
(2) Central office of records on personal data and addresses may provide data from the register of major citizens not having a right to vote for conduct of elections, authenticating data of signers of referendum initiatives and popular initiatives and the procedure of electing electoral committees, electoral offices and courts and people's assessors for mayors.
(3) Central office of records on personal data and addresses shall check candidates' right to vote based on data of register of major citizens not having a right to vote and records on personal data and addresses and immediately inform the proper electoral committee on eventual lack of right to vote.
(4) Central office of records on personal data and addresses may check rights to vote of elected Members of Parliament based on data of register of major citizens not having a right to vote and records on personal data and addresses and immediately inform the proper electoral committee on eventual lack of right to vote.
Article 19.
In order that rights to vote be determined, register of major citizens not having a right to vote may be linked with local, district and central records on personal data and addresses – concerning residents of the constituency concerned in elections – from the day of calling for elections until publication of final results thereof. Linking shall immediately be terminated after deadlines for legal remedies in connection with elections.
Article 20.
Register of major citizens not having a right to vote is not public; it is only available to the person concerned and members of court, electoral committee and electoral office.
Chapter V.
Electoral authorities
Electoral Committees
Article 21.
(1) Electoral committees are independent authorities of voters and subject solely to law whose primary tasks are to determine election results, assure fairness and legality of elections, enforce impartiality and – in case of necessity – restore legal order of elections.
(2) Electoral committees:
a) vote counting board,
b) local electoral committee,
c)...,
d) district electoral committee,
e) National Electoral Committee.
(3) Electoral committees are considered during their operation as authorities, their members as official persons.
(4) Members of electoral committees shall be exempt from obligation to work described in law the day after election day and be paid average wages by their employer for this time. Employers may claim for compensation for wages of members of electoral committees from electoral offices within five days after election day or in case of vote counting boards from local electoral offices.
Article 105.
(1) The following electoral committees shall operate upon municipality elections:
a) vote counting boards,
b) local electoral committees,
c) district electoral committees,
d) the National Electoral Committee.
Members of Electoral Committees
Article 22.
(1) Except for § 24., § 25. and paragraph (3) and (4) of § 27. only voters having an address in the constituency – in case of local electoral committee in the settlement – may be members of respective electoral committees.
(2) No President of the Republic, state leader, head of administration office, Member of Parliament, President of county general assembly, Mayor, clerk, county/ capital recorder, Member of electoral office, civil servant of administration authorities operating in the field of electoral committees or candidate putting up for elections in the constituency may be a Member of Electoral Committees.
(3) In addition to those described in paragraph (2) no member of an organisation nominating a candidate in the constituency or person having family relationship of a candidate putting up for elections in the constituency may be an elected Member of Electoral Committees.
(4) Persons in a family relationship with one another may not be Members of Electoral Committees that may be connected in a decision or judgement on a decision in a legal remedy procedure.
Article 23.
(1)...
(2) Representative board of settlement municipality shall elect three – at settlements with one constituency five – members and necessary number of additional members of local electoral committee after the call for elections of municipality representatives and mayors not later than 51 days before election day; heads of local electoral offices shall make proposals for the persons of Members.
Article 24.
In the event that members of ... local electoral committee have not been elected until the deadline determined by law because of low number of inhabitants or incompatibility rules or because representative board has been inhibited in its operation, members shall with immediate effect be charged by district electoral committee upon proposal of the head of the local electoral committee.
Article 25.
(1) In addition to members mentioned in § 23., one respective member of the electoral committee shall be charged by organisation nominating a candidate or list in the given constituency and the independent candidate.
(2) These charged members of electoral committees shall be declared to heads of electoral committees not later than 16 days before election day.
Article 26.
(1) Charge of elected members of electoral committees shall expire at statutory meeting of the electoral committee established for the next election determined in § 23.
(2) Charge of charged members of electoral committees shall expire upon publication of final results of elections...
(3) ...
(4) In addition to cases included in paragraphs (1)-(3) charge of members of electoral committees shall terminate:
a) if legal conditions of charge have terminated,
b) if incompatibility of a member is determined by electoral committees,
c) upon resign,
d) upon withdrawal of charge.
Article 27.
(1) In case an elected member of electoral committees deceases or loses his or her charge for reasons determined in paragraph (4) of § 26, his or her position shall be filled by an additional member. In lack of additional member representative board of settlement municipality, capital or county general assembly or their committees designed by them, or, in case of the National Electoral Committee the Parliament shall elect a new member.
(2) In case a charged member of electoral committees deceases or loses his or her charge for reasons determined in paragraph (4) of § 26, the organisation nominating a candidate, the independent candidate or the representative group may charge a new member.
(3) Orders of § 24. are to be followed in case no new member of vote counting board or local electoral committee has been elected for reasons described there.
(4) In the event that number of members of vote counting board is less than five on election day, head of the local electoral office shall complete it by adding from among the additional members or members of other vote counting board. If completion of vote counting board is not possible in this manner, head of district electoral office shall provide for it by charging members or additional members taken an oath of vote counting board of other settlement.
Article 28.
(1) Members of electoral committee shall take an oath in the presence of the respective mayor ... Wording of this oath is determined by Appendix 1.
(2) After their members having been elected and having taken the oath, electoral committees shall hold a statutory meeting. President and vice-president shall be elected from among elected members at this statutory meeting.
(3) Electoral committees shall be represented by their presidents. In case of electoral committees without a president or with a president inhibited in his or her activities, tasks of president shall be carried out by the vice-president.
(4) Rights and obligations of elected and charged members are the same with the difference that charged members shall not obtain a fee.
Decision of Electoral Committee
Article 29.
(1) Electoral committees shall operate as bodies, presence of majority of members and identical voting of majority of members present are necessary for their decisions. Voting shall be carried out by yes or no.
(2) Decisions of electoral committees shall be included in resolutions with justifications. Minority opinions along with justifications are to be recorded in the report.
Vote counting Board
Article 30.
(1) Vote counting boards shall consist of at least five members.
(2) Vote counting boards shall
a) check polling-places, conduct voting, provide for legal conduct of voting,
b) make decisions on discussed questions emerging during voting,
c) count votes and determine results of election in the given polling station,
d) propose annulation of results of election in the given polling station if influencing violation of the law is detected,
e) make an official report on the results of election.
Local Electoral Committee
Article 31.
(1) Local electoral committees shall consist of three, at settlements with one polling station five, members.
(2) Local electoral committees shall:
a) make decisions on registration or refusal of candidates, lists and organisations nominating candidates,
b) draw lots on serial numbers of lists,
c) approve data contents of ballot-papers of settlements,
d) make decisions on complaints submitted,
e) annul results of election if influencing violation of law is detected,
f) in case of equal numbers of votes draw lots on which candidate shall obtain a seat,
g) determine and publish results of election,
h) issue a certificate of mandate to representatives and mayor in its scope,
i) call for by-elections and determine its deadlines according to the calendar,
j) initiate a decision of the proper authority in case of a discovered violation of law,
k) call for local minority municipality elections,
l) carry out tasks of a vote counting board at settlements with one polling station.
District Electoral Committee
Article 33.
(1) District electoral committees shall consist of at least three members.
(2) District electoral committees shall:
a) make decisions on registration or refusal of lists and candidates therein and organisations nominating candidates,
b) draw lots on serial numbers of lists,
c) approve data contents of ballot-papers of an constituency,
d) make decisions on complaints submitted,
e) annul results of election if an influencing violation of law is detected,
f) determine and publish results of election,
g) issue certificate of mandate to representatives in its scope,
h) initiate a decision of the proper authority in case of a discovered violation of law.
National Electoral Committee
Article 34.
(1) The National Electoral Committee shall consist of at least five members.
(2) The National Electoral Committee shall:
a) issue a standpoint for the uniform interpretation of rules related to elections and the forming of a uniform legal practice; no legal remedies are to be solicited against this standpoint; this standpoint must be published in Magyar Közlöny.
b)-d) ...
e) make decisions on complaints submitted,
f) annul results of election if an influencing violation of law is detected,
g) -i) ...
j) determine and publish nationally summarised results of election,
k) ...
l) initiate decisions of the proper authority in case of discovered violation of law,
m) give the Parliament an account on general elections of ... municipality representatives and mayors...,
n) operate in all affairs in its scope by law.
Electoral Offices
Article 35.
(1) Electoral offices are authorities carrying out state tasks in connection with preparations for, organisation and conduct of elections, party-independent information of voters, candidates and organisations nominating candidates, management of election data, establishment of technical conditions, checking of legal conditions and keeping of professional rules.
(2) An electoral office shall operate beside each electoral committee except for vote counting boards. One member of the local electoral committee shall operate beside vote counting boards as keeper of minutes.
(3) Heads of local and parliamentary single-member constituency electoral offices shall be the respective clerks, heads of district electoral offices shall be the respective county /capital recorders.
Article 105.
(2) The following electoral offices shall operate upon municipality elections:
a) local electoral offices,
b) parliamentary single-member constituency electoral offices,
c) district electoral offices,
d) the National Electoral Office.
Article 36.
(1) Members of electoral offices shall be charged for an undetermined period by the head of the electoral office, members of the National Electoral Office by the Minster of Interior.
(2) Heads of electoral offices shall take an oath in the presence of heads of their superior electoral offices. Members of electoral offices and the head of the National Electoral Office shall take an oath in the presence of their charger upon charge. Wording of the oath is determined by appendix 1.
Article 37.
(1) Civil servants and officers may be charged members of electoral offices.
(2) No Member of Parliament, president of county general assembly, mayor, member of electoral committee, person putting up for the election in the constituency, family relation of such or member of an organisation nominating candidates in the constituency may be a member of electoral offices.
(3) In case a reason for exclusion emerges against a head of an electoral office, he or she shall with no delay inform the head of the superior electoral office thereon – the head of the National Electoral Office the Minister of Interior – who shall nominate a new leader for the office. Members of electoral offices shall with no delay inform on reasons for exclusion emerging against him or her the head of the electoral office who shall exempt him or her.
Article 38.
(1) Electoral offices shall:
a) publish an election bill about on the day of the election, particulars of voting, nominating and electing and number of proposals needed for a valid candidature,
b) publish names of candidates and organisations nominating candidates in the constituency and facts of independent nominations,
c) publish names of members of electoral committees and head of electoral offices and address of official premises of electoral authorities,
d) organise briefing of members of electoral authorities, provide for a non-partisan information of voters,
e) operate information systems of elections,
f) carry out technical tasks related to checking of proposals of candidates,
g) operate the computer program detecting electoral frauds,
h) carry out other tasks determined by the provision of the Minister of Interior.
(2) Electoral offices may publish public utility publications and announcements within their scope.
Article 39.
(1) Professional activities of electoral offices shall be controlled by the Minister of Interior by way of the head of the National Electoral Office.
(2) The head of the National Electoral Office may give direct instructions related to the carrying out of their tasks determined in this act to heads of other electoral offices, heads of district electoral offices in their district to heads of parliamentary single-member constituency and local electoral offices, heads of parliamentary single-member constituency electoral offices in their area to heads of local electoral offices.
(3) Heads and members of electoral offices may not be given instructions to carry out tasks related to the preparations for, and the conduct of elections by mayors, representative boards, general assemblies and their clerks.
Chapter VI.
Election campaign
Period of Campaign
Article 40.
(1) The period of election campaign shall be between the call for the election and 0 o'clock of the day before election day.
(2) Election campaign is prohibited after 0 o'clock of the day before election day (campaign ban).
Violation of Campaign Ban
Article 41.
Influencing voting intentions of voters, especially services rendered by candidates or organisations nominating candidates free of charge to voters (organised transport to voting, supply of food or drink), distribution of party badges, banners, party symbols, objects containing photos or names of candidates, placing of election posters (hereinafter referred to as poster), provision of information influencing voting intentions in electronic or other way are regarded as violation of campaign ban.
Posters
Article 42.
(1) Organisations nominating candidates and candidates may produce posters without permission until the end of election campaign. Posters are regarded as press products that may be produced without permission or notification. Rules related to press are to be applied for posters.
(2) Posters may be placed without limitation except for the exceptions determined in paragraphs (3)-(6).
(3) Posters may be placed on walls of buildings or fences solely with the permission of the proprietor, tenant or – in case of properties possessed by the state or a municipality – exerciser of property management right.
(4) Local municipality or in the capital the capital municipality may forbid placing of posters in some public buildings or specified parts of public area for reasons related to protection of monuments or environment. Placing posters is prohibited on or inside buildings housing state or municipality authorities.
(5) Rules on usage of public area are to be applied for placing individual advertising equipment serving election campaign.
(6) Posters shall be placed in a manner that they shall not cover posters of other candidates and organisations nominating candidates and be removable without causing damage. Posters must be removed within 30 days after the election by their placers or by whose interest they have been placed for.
Meetings
Article 43.
(1) Electoral meetings are public. Order is maintained by the organiser of the meeting.
(2) State and municipality publicly financed authorities may put premises and other necessary equipment at the disposal of candidates and organisations nominating candidates with equal conditions. Election campaign and electoral meetings are prohibited in buildings housing state or municipality authorities except for settlements with less than 500 inhabitants in case no other public building is available.
Broadcasting on the Radio and Television
Article 44.
(1) Program providers may publish political advertisement for candidates and organisations nominating candidates with equal conditions in the campaign period. No opinions or evaluating explanations may be added to political advertisements.
(2) Law on radio and television shall be applied for participation of program providers in election campaign.
Article 106.
(1) Local public utility program providers shall broadcast political advertisements of nominating organisations and candidates for the post of a mayor at least once from the 15th day before election day until 3rd day before election day free of charge in proportion to the nomination and lists. All independent candidates have this right together in proportion to their nomination.
(2) On the last day of election campaign national public utility program providers shall broadcast an election summary of eight nominating organisations that have nominated the most candidates for representatives and mayors in a national summarisation. Common candidates and lists are to be taken into consideration in proportion to nomination.
Provision of Data
Article 45.
(1) Central office of records on personal data and addresses shall give candidates and organisations nominating candidates family and last names and addresses of voters registered upon request after the 20th day before election day upon payment of a fee with equal conditions. This service may be required categorised by gender, age or address.
(2) The head of the local electoral office shall give a copy of the published register of voters to candidates and organisations nominating candidates upon written request after the 20th day before election day upon payment of a fee with equal conditions.
(3) Data of the provision of data based on paragraph (1) and (2) may solely be used for the purpose of election campaign. Usage for other purpose, giving them to unauthorised persons, organisations, other candidates or organisations nominating candidates are prohibited. Data of the provision of data are to be annihilated on election day and minutes taken thereof shall be given to data provider within three days.
(4) Beside heads of local electoral offices and central offices of records on personal data and addresses no state or municipality authority may provide data from their own records to candidates or organisations nominating candidates for the purpose of election campaign.
Chapter VII.
Proposal and nomination of candidates
Article 46.
(1) Candidates may be proposed only on official proposal coupon. Official proposal coupons are to be delivered to voters along with announcements.
(2) All voters having a domicile in the constituency may propose a candidate.
(3) Candidates may be proposed until the 23rd day before election day.
(4) Proposal may not be withdrawn.
Article 47.
(1) A voter can propose candidate by giving the outfilled coupon to the candidate or to the representative of the organisation nominating candidates.
(2) The proposal coupon delivered to the voters contains the naming of election. The voter proposing a candidate shall write his or her family and last name, address, personal ID, the family and last name of the person proposed, the name of the organisation nominating candidates respectively the fact of independent candidature on the official proposal coupon. The proposal coupon shall be signed by the voter with own hand.
Article 48.
(1) Official proposal coupons may be collected anywhere without annoying citizens except for the exception in paragraph (2).
(2) No official proposal coupons may be collected:
a) at work during completion of obligation to work originating from work relationship or other legal relationship directed at practice of work,
b) from persons at a serving relationship with armed forces or police authorities at service or at service place
c) on public transportation means,
d) in official premises of state and local municipality authorities.
(3) No advantage may be granted or promised for the proposal to the person who proposes, also forbidden to ask for advantage or accept an advantage or the promise of an advantage for the proposal.
Common Candidate
Article 49.
(1) Common candidates may only be nominated based on official proposal coupons that list the names of all organisations nominating the given candidate.
(2) Several nominating organisations nominating common candidates are to be regarded as one nominating organisation from the aspect of the election.
Invalid Proposal
Article 50.
(1) Proposals
a) not handed over on official proposal coupons,
b) not handed over on official proposal coupon filled in according to paragraph (2) of § 47.,
c) collected violating the rules of proposition
are invalid.
(2) All proposals of persons proposing the same candidate several times are invalid.
(3) All proposals of persons proposing several candidates are invalid.
Submission of Nominating Organisations
Article 51.
(1) Nominating organisations wishing to nominate a candidate or a list are to be submitted for registration with authenticated copies of their registration at court as follows:
a) at the National Electoral Committee in case the nominating organisation wishes to nominate candidates or lists in the area of several counties or the capital and any county,
b) at district electoral committee in case the nominating organisation wishes to nominate candidates within one county or the capital in several ... settlements,
c) at ... local electoral committee in case the nominating organisation wishes to nominate candidates in ... one settlement.
(2) The National Electoral Office shall keep a register on nominating organisations submitted for registration and registered.
(3) Only nominating organisations submitted for registration according to paragraph (1) and registered according to § 55. may nominate candidates or lists.
Submission of Candidates
Article 52.
(1) Candidates are to be submitted for registration at the proper electoral committee not later than 23rd day before election day by furnishing official proposal coupons.
(2) Submissions shall contain family and last name, personal ID, address and declaration of candidates on:
a) having a right to vote,
b) accepting nomination,
c) having no position incompatible with charge of representative or mayor, or, in case elected, willing to renounce thereof.
(3) In case two or more voters with identical family and last names wish to put up for the election, the person submitted later is obliged to assure a possibility to be differentiated from the candidate submitted before by using letters or a second last name.
Submission of Lists
Article 53.
(1) Lists are to be submitted for registration by handing over a certificate according to paragraph (1) of § 55. certifying submission for registration or registration of a necessary number of candidates or lists for nominating a list.
(2) Provisions in paragraph (2) of § 52. are to be applied for candidates in lists.
(3) Number of candidates in the list can be three times more than number of mandates obtainable from the lists. Order of candidates in the list are to be determined by the nominating organisation and may not be modified after the submission of the list. Positions of candidates fallen out of the list are to be filled with the candidate next in the list.
Article 107.
(1) Provisions of chapter VII. related to proposition of candidates shall properly be applied for proposition of county lists.
(2) Compensation lists and candidates listed therein are to be submitted for registration at latest 20 days before election day, capital lists and candidates listed therein at latest 19 days before election day.
Article 109.
(1) In systems of mixed election local electoral committees shall register all candidates putting for the election as either independent minority candidates or candidates of minority nominating organisation in single-member constituencies in a separate minority compensation list for each minority.
(2) Minority nominating organisations and minority candidates may have common compensation lists that must be submitted for registration at latest on 18th day before election day to local electoral committees.
(3) Single-member constituency minority candidates may inform local electoral committees in writing on that he or she does not wish to be on a minority compensation list.
Checking of Proposals
Article 54.
(1) Proposals are to be checked by proper electoral committees.
(2) Checking of proposals means checking of numbers and conditions described in paragraph (2) of § 46., items a)-b) in paragraph (1) and paragraph (2) and (3) of § 50. and identification of voters providing official proposal coupons.
Registration of Nominating Organisations, Candidates and Lists
Article 55.
(1) A certificate is issued on submission for registration of nominating organisations, candidates and lists by electoral offices, on registration thereof by electoral committees.
(2) Electoral committees shall register all nominating organisations, candidates and lists complying with legal conditions within three days after submission for registration.
Article 56.
(1) Electoral committees shall refuse registration of nominating organisations that do not comply with legal conditions.
(2) Electoral committees shall refuse registration of candidates in case their nomination does not comply with legal conditions or the candidate has not made declarations ordered by law.
(3) Electoral committees shall refuse registration of lists in case nomination does not comply with legal conditions.
Provisions Related to Candidates
Article 57.
Voters proposed to be a candidate in several places within one type of nomination shall declare which nomination he or she will accept not later than 19 days before election day.
Article 58.
Voters renouncing from nomination in writing before the election, losing the right to vote or deceased shall fall out. Names of fallen candidates shall be erased from the register of candidates and ballot-papers.
Article 108.
In case a candidate puts up for the election in systems of small lists or mixed election as a minority candidate, this fact must be indicated on the papers for proposition and ballot-papers.
Protection of Data Related to Proposals
Article 59.
(1) No copy may be made of official proposal coupons. Technical records made in order that validity of nomination be determined is not regarded to be copies.
(2) Data of nomination related to persons who propose are not public. In case of complaint in connection with nomination electoral committees, electoral offices and courts may check data of official proposal coupons and technical records.
(3) Official proposal coupons and technical records shall be annihilated by electoral offices on election day.
(4) Electoral committees may check rights to nominate of nominating organisations in the records on social organisations registered at court.
Article 60.
Candidates must annihilate official proposal coupons not submitted within three days after the expiration of the deadline of submission and make minutes thereof. These minutes shall be given to electoral committees within three days.
Chapter VIII.
Voting
Time and Venue of Voting
Article 61.
(1) Voting may be exercised on election day from 6 o'clock until 19 o'clock. In case local circumstances justify it, local electoral committees and parliamentary single-member constituency electoral committees may order voting to commence at 5 o'clock.
(2) Voting may be exercised solely in person and in the polling-place designed according to the domicile of voters with exception mentioned in this act.
(4) Polling-places may not be closed during the period of voting, voting may not be prolonged or, – except for exceptional events -, paused. In case number of members of vote counting board increases below three during the voting day or voting becomes impossible due to unavoidable external reason, those present are obliged to suspend voting, put the ballot-box and the documents under arrest and with no delay inform the head of the local electoral office on the suspension in order to assure legal continuation of voting.
Article 62.
(1) Polling-places may not be in buildings used by candidates or nominating organisations.
(2) The necessary number of, – but at least two – polling-booths for smooth running of voting must be established in each polling-place. Pens are to be placed in polling-booths for voting.
(3) Two or more ballot-boxes are to be installed in each polling-place for voting.
Commencement of Voting
Article 63.
After placing election documents and prints no one may stay in polling-places until the commencement of voting except for the members of the vote counting boards and electoral offices.
Article 64.
(1) Vote counting boards shall examine the state of ballot-boxes in the presence of the citizen voting first – who may not be a member of a vote counting board – before the commencement of voting. The results of this examination is to be recorded in the official report on voting.
(2) Ballot-boxes must be locked in the presence of the citizen voting first in a manner that no ballot-paper may be removed therefrom without taking the ballot-box into pieces. Following this the vote counting board shall place in the ballot-box a checking sheet containing the time of placing the checking sheet and signatures of members present of the returning board and the citizen voting first.
Method of Voting
Article 65.
(1) Presidents of vote counting boards are responsible for the maintenance of order in polling-places and their surroundings on election day; their arrangements for the maintenance of order is compulsory for everyone.
(2) Voters may stay in polling-places during voting solely for the time necessary for exercising their right to vote.
Article 66.
(1) Only citizens listed in the register or taken into the register by the vote counting board may vote in polling-places.
(2) Vote counting boards shall determine identity of persons wishing to vote and whether they are listed in the register based on a certificate proper for determining personal identification and address. Vote counting boards shall take into the register of voters citizens that:
a) possess a certificate,
b) certify having a domicile in the area of the constituency provided not being listed in the register of major citizens not having a right to vote.
(3) Vote counting boards shall refuse citizens that are unable to properly certify their personal identity and address or may not be taken into the register of voters because of lack of legal conditions. Vote counting boards shall keep a register of these persons.
Article 111.
Voters having handed over a certificate according to § 104. are to be registered by vote counting boards.
Article 67.
(1) If no barrier emerges to voting, vote counting boards shall hand over to voters the ballot-paper which they supply with an official seal in the presence of the voter.
(2) In case of necessity vote counting boards shall explain the manner of voting without influencing the voter.
(3) In case a candidate fall out after the completion of ballot-papers, vote counting boards are bound to inform voters thereon by way of an announcement in the polling-place and in case of necessity orally. Names of candidates fallen out shall be crossed out in ballot-papers.
(4) Voters shall certify obtaining a ballot-paper by signing the register of voters. Two members of vote counting boards shall sign the register instead of illiterate voters who are not capable of writing and mention this fact therein.
Article 110.
(1) Separate ballot-papers shall serve for:
a) in case of settlements with 10000 or less inhabitants: elections with a small list, elections of mayors, local minority municipality elections and county list elections,
b) in case of settlements with more than 10000 inhabitants: single-member constituency elections, elections of mayors, local minority municipality elections and – except for cities of county rank – county list elections,
c) in the capital: single-member constituency elections, elections of mayors, capital mayor, local minority municipality elections and capital list elections.
(2) Ballot-papers of settlement small list elections, single-member constituency elections, local minority municipality elections and elections of mayors shall contain officially used family and last name of candidates in alphabetical order, a differentiating mark according to paragraph (3) of § 52., the name of the nominating organisation – upon request of nominating organisations, also their abbreviation -, and fact of independent nomination. Upon request of candidates representing minorities ballot-papers must contain his or her name and the name of the nominating organisation also in the mother tongue of the minority.
(3) Local minority municipality ballot-papers shall contain names of candidates by minorities. Electoral committees shall draw lots on serial order of minorities on ballot-papers.
(4) Electoral committees shall draw lots on serial order of names of nominating organisations on capital and county list ballot-papers. Names of the first five candidates from among candidates on the list must be indicated in the serial order submitted by the nominating organisation on ballot-papers.
(5) Upon request of nominating organisations abbreviation, symbol or badge printed in black and white must be indicated next to the name registered by the court of the nominating organisation on capital and county list ballot-papers and ballot-papers of mayors.
(6) In case of common candidates and lists names of all nominating organisations are to be indicated on ballot-papers.
Article 68.
(1) Polling-booths shall be at the disposal of voters to fill in the ballot-paper. Voters may not be obligated to use polling-booths.
(2) Only the voter may stay in the polling-booth while filling the ballot-paper. Voters unable to read or inhibited from voting by a bodily handicap or other reason may ask for the assistance of another voter, or, in lack of this, two members of the vote counting board.
Article 69.
(1) Voting is only valid for candidates, lists or referendum questions (in this chapter together: candidate) listed on the official ballot-paper. Samples of ballot-papers are determined by appendices 2-9.
(2) Candidates may be voted for by two intersecting lines written in pen in the circle under, above or beside the name of the candidate.
(3) Ballot-papers that:
a) are not supplied with an official seal, or
b) contain more votes than determined by law,
are void.
(4) Votes that:
a) are handed over on a void ballot-paper according to paragraph (3), or
b) are not handed over according to paragraph (2), or
c) are for candidates fallen out,
are void.
(5) Validity of a vote is not affected by the fact that any note is on the ballot-paper, order of candidates are modified, names of candidates are erased or added in case of compliance with other conditions.
Article 70.
(1) Voters shall put the ballot-paper in an envelope and place it in a ballot-box in the presence of the vote counting board.
(2) Voters indicating failure to fill the ballot-paper before placing the envelope in a ballot-box shall be granted a new ballot-paper by the vote counting board and the vote counting board shall take back the ballot-paper with the fault and record this fact in the official report. The vote counting board may only grant a new ballot-paper in return of a spoiled ballot-paper once per person.
Article 71.
(1) President of the vote counting board shall close the polling-place at 19 o'clock. Voters in the polling-place or in the lobby thereof may vote. After this vote counting boards shall close voting.
(2) After closing voting no vote may be accepted.
Chapter IX.
Summarisation of votes
Counting of Votes
Article 72
(1) Members present of vote counting boards are bound to count together all ballot-papers.
(2) First, vote counting boards shall include unused and spoiled ballot-papers in separate batches and close batches in a manner that ballot-papers may not be added or removed without hurting the seal.
(3) Before opening a ballot-box vote counting boards shall check intactness thereof, then open the ballot-box and make sure of the presence of the checking sheet, then compare the number of ballot-papers to that of the voters having voted in the constituency. In order to determine the results of election vote counting boards shall count ballot-papers in the ballot-box and ignore envelopes dropped empty in the ballot-box.
(4) After this, the vote counting board shall place void ballot-papers in a group and count them. They shall write the reason for invalidity on the back of the ballot-paper and members present of the vote counting board shall sign it. They shall include void ballot-papers in a separate batch and close this batch in a manner that no ballot-paper may be added thereto or removed thereof without hurting the seal. Serial number of the polling station and number of ballot-papers in the batch are to be written on the batch.
(5) In the event that the vote counting board determines that a ballot-paper cast by a person not having a right to vote in the given polling station is in the ballot-box, it shall declare void the same number of valid votes cast on the candidates as many voters have voted illegally.
(6) Valid ballot-papers are to be counted separately by candidates, then batches shall be created according to paragraph (4). Number of valid votes shall be written on the batches separately by candidates.
(7) In the event that difference between the numbers of votes achieved by the two candidates receiving the most votes is less than one percent of all valid votes for all candidates or difference between votes for them is less than the number of invalid votes, then the vote counting board is bound to count valid and invalid votes repeatedly. Repeated counting shall be continued until its results are identical with the results of a previous counting. This result and the fact of repeated counting is to be recorded in the official report.
Article 112.
In case of small list and local minority municipality elections valid votes are to be counted separately by candidates. Ballot-papers containing both valid and invalid votes are to be batched separately. Numbers of valid votes are to be written on batches separately by candidates.
Determination of Results
Article 73.
(1) After counting votes vote counting boards shall determine election results in the polling station.
(2) Responsible electoral committees shall summarise votes and determine election results based on official reports of vote counting boards not later than on the day after election day.
Article 113.
(1) Local and district electoral committees shall summarise votes based on official reports of vote counting boards and determine election results.
Official Reports
Article 74.
(1) An official report is to be made on the counting of votes and the determination of polling station and election results. Official reports may not be made in pencil.
(2) Official reports signed by members present of electoral committees are to be made in three copies.
(3) One copy of the official report shall be given to by electoral committees upon request representatives present of candidates. After making copies presidents of electoral committees shall authenticate copies by sealing and signing them.
Article 113.
(2) Official reports on summarisation are to be made on results of settlement small list and local minority municipality elections, separate official reports on single-member constituency results by constituencies in systems of mixed elections, separate official reports on its list elections and also on results of capital list elections and elections of mayors. A summarising official report is to be made on results of election of members of county general assemblies by constituencies.
Article 75.
(1) Vote counting boards shall with no delay take official reports, election documents, prints and ballot-papers along with ballot-boxes to local electoral offices.
(2) One copy of official reports shall be available for viewing in proper electoral offices within three days after election day.
(3) Ballot-papers shall be placed in mayor's offices in the presence of members of the proper electoral committee and guarded for 90 days in a manner that they may not become available to unauthorised persons. In case of a complaint related to election results ballot-papers concerned are to be guarded until legal termination of the affair. Election documents are to be annulled after 90 days except for official reports.
(4) First copy of official reports are to be handed over to archives after 90 days.
Data Sheet
Article 76.
(1) Keepers of official reports of vote counting boards shall with no delay make a data sheet on results of the first counting of votes and forward the contents thereof special promptly to the National Electoral Office through local electoral offices, parliamentary single-member constituency electoral offices and district electoral offices.
(2) Informational data containing not authenticated election results shall be published by electoral offices.
Article 113.
(3) Data sheets are only to be made on non-official results of election of mayors, election of the capital mayor and election of members of capital and county general assemblies.
Chapter X.
Legal remedies
General Rules of Legal Remedies
Article 77.
(1) Candidates, nominating organisations and citizens and legal personalities concerned may submit a complaint claiming violation of electoral laws.
(2) Objections may be submitted against judgement determining complaints and other decisions of electoral committees.
(3) Complaints and objections against decisions of vote counting boards are to be submitted to the electoral committee having a right to judge them. Other objections are to be submitted to the electoral committee making the decision objected, which shall submit them along with documents to the electoral committee or court having a right to judge them not later than the day after obtaining them.
Article 78.
(1) Complaints and objections (hereinafter referred to together as objections) are to be submitted in a manner that they shall arrive within three days after the activity or the making of the decision objected. Electoral committees and courts judging objections shall make a decision on objections submitted within three days after obtaining them.
(2) Objections shall contain indication of proves for violation of law and mailing address of the person submitting the objection. Objections submitted incomplete are to be refused without an examination.
(3) Persons submitting objections may be interrogated by electoral committees. In this case personal declaration is to be assured for the party with a contrary interest.
(4) Courts make a decision on objections in a non-trial procedure in a council consisting of three professional judges. Legal representation is compulsory in court procedures. Courts may interrogate representatives of electoral committees making decisions objected and persons submitting objections.
Article 79.
(1) In the event that electoral committees or courts approve objections, electoral committees or courts shall:
a) modify decisions violating the law, or,
b) annul decisions violating the law and bid electoral procedure or a part thereof be repeated.
(2) Persons concerned and the proper electoral committees are to be informed on decisions of electoral committees and courts on the day of the making thereof. No further legal remedy shall be requested against decision of courts.
Article 80.
(1) Proper local or district electoral committees shall make decisions on objections submitted against decisions [items a) and b) of paragraph (2) of § 30.] within the scope of vote counting boards. Capital or county courts shall make decisions on objections against decisions of electoral committees.
(2) Proper district electoral committees shall make a decision on objections submitted against decisions of local electoral committees not in the scope of paragraph (1) including decisions made on the basis of item l) of paragraph (2) of § 31. Capital or county courts shall make decisions on objections against decisions of district electoral committees.
(3) The National Electoral Committee shall make decisions on objections submitted against decisions of district electoral committees not in the scope of paragraphs (1) and (2).
(4) The Supreme Court shall make decisions on objections against decisions of the National Electoral Committee.
Article 81.
General rules of legal remedies are to be applied for legal remedy procedures against compositions of registers of voters and decisions determining results of electoral committees with the exceptions included in § 82-85.
Legal Remedies Related to Compositions of Register of Voters
Article 82.
(1) Objections because of being left out from, or taken into, registers of voters may be submitted during the period of registers published. Voters erased from registers according to paragraph (4) or (5) of § 16. may submit objections within three days after obtaining an announcement thereof.
(2) Objections are to be submitted to heads of local electoral offices who shall make a decision thereon within three days. Refusal of objection may be attacked by voters within three days after being informed thereon by submitting an objection to the proper local court or in Budapest to Central Municipality Court of Pest. Courts shall act as judge ordinary.
(3) In case a court finds an objection reasonable, it shall order modification of the register of voters, in contrary case, it shall refuse the objection.
Article 83.
The body concerned and the person having submitted an objection are to be informed on decisions of the head of the local election office and of the court,
and the head of the local election office should also be informed about the decision of the court.
Legal Remedies against Decisions Determining Results of Electoral Committees
Article 84.
Objections against decisions [paragraph (1) of § 73.] determining results of vote counting boards in polling stations are only valid together with objections against decisions determining election results of electoral committees.
Article 85
(1) Objections may be submitted against decisions [paragraph (2) of § 73.] determining election results of electoral committees claiming
a) violation of law of decisions determining results of vote counting boards in polling stations or
b) violation of rules related to summarisation of results in polling stations and determination of election results in a manner that they may arrive at the electoral committee making the decision objected not later than the day after the decision of the electoral committee.
(2) Electoral committees having a right to judge objections shall make a decision on objections not later than the day following their obtaining. Objections against decisions of electoral committees are to be submitted in a manner that they may arrive at the electoral committee making the decision objected not later than the day following the decision of the electoral committee. Courts shall make decisions on objections not later than the day after obtaining them.
PART II.
SPECIAL PROVISIONS
Chapter XII.
Election of local municipality representatives, mayors and members of local minority
municipalities
(§ 101-115. can be found edited into the
General Provisions.)
PART III.
CLOSING PROVISIONS
Chapter XVII.
Provisions for interpretation
Article 149.
In application of this act:
a) state leader: members of the government and persons within the scope of the law on legal status and responsibilities of state secretaries,
b) town clerk: capital clerk or county clerk,
c) independent candidate: candidate not nominated by a nominating organisation,
d) family relation: relations in direct line and their spouses, adopters and foster-parents, adopted children, brothers, sisters, spouses, partners in matrimony, relations in direct line, brothers, sisters of spouse and spouse of brothers and sisters.
g) nominating organisation: party registered according to the Act XXXIII of the year 1989. on operation and management of parties, social organisation registered according to the Act II of the year 1989. on rights to unite; organisations nominating common candidates or lists are regarded as one nominating organisation,
h) representative: member of parliament, member of settlement municipality representative board, member of county general assembly, member of capital general assembly, member of local minority municipality,
i)...
j) minority candidate: Independent candidate representing a national or ethnic minority according to the law on rights of national and ethnic minorities or candidate of a minority organisation,
k) minority organisation: social organisation representing – according to court registration – a national or ethnic minority determined in the law on rights of national and ethnic minorities,
l) poster: election bill, advertisement, script, sheet, projected image, flag, emblem regardless to the carrying material,
m) mayor: mayor of a settlement, capital mayor of Budapest,
n) settlement: village, city, city having county rights, capital district,
o) election campaign: account on election program, promotion of candidates, lists, nominating organisations, organisation of electoral meetings, placing of posters, making use of volunteers.
Chapter XVIII.
Coming into force and execution of the act
Coming into Force
Article 150.
This Act shall come into force as of the day of declaration thereof.
Article 153.
(1) The Minister of Interior shall be granted an authorisation to determine in a provision:
a) order of maintenance of register of voters and register of major citizens not having a right to vote and preparations for forming constituencies and polling stations,
b) deadlines of electoral procedures,
c) tasks of electoral offices and briefing of members thereof; sharing of scope between national, district and local electoral offices,
d) organisation and technical conduct of order of computing and summarising votes of state tasks related to elections,
e) samples for announcements, official proposal coupons ..., samples, numbers of copies and order of forwarding of election official reports, data sheets and other prints,
f) scope of data summarised nationally of election results,
g) normatives, items, accounting and internal controlling order of expenses of elections.
(2) The Minister of Interior may determine deadlines for the working day directly preceding or following the deadlines determined by law in case the deadline would elsehow be a weekly resting day or holiday.
(3) The Minister of Interior shall give an account on organisation and conduct of state tasks in connection with general elections of ... local municipality representatives and mayors ... to the Parliament.
Article 154.
The Minister of Interior may make a contract with a legal body for performing state tasks of elections assuring safety requirements. No service contract may be made for compilation of register of voters and register of major citizens not having a right to vote, for checking proposals and checking double or multiple votes.
SUPPLEMENTS
Appendix 1. of the Act C of the year 1997.
Wording of the Oath Taken by Members of Electoral Authorities and Electoral Offices
"I,............................. swear that I shall keep provisions of rules of the Constitution and of rules related to elections, referenda and popular initiatives and the Constitution and have these kept. I shall perform my duties and charges at my best ability, conscientiously for the benefit of my Country.
(according to the conviction of the swearer)
So help me God!"
Appendix 4. of the Act C of the Year 1997.
(Sample ballot-paper of municipality small lists.)
Ballot-paper
Election of local municipality representatives
.......(year)..........................(month)..............................(day)
..........................(name of the settlement)
Only ....... candidate(s) may be validly voted for!
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O independent candidate
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.
(Upon request of nominating organisations abbreviation must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.
In case of candidates registered by the electoral authority as a national or ethnic minority candidate the name of the minority shall be indicated on ballot-papers. Upon request of minority candidates or minority nominating organisations the name of candidates, minority nominating organisations and minority shall be indicated on the ballot-papers also in the language of the given minority.)
Appendix 5. of the Act C of the Year 1997.
(Sample ballot-paper for local municipality elections in single-member constituencies.)
Ballot-paper
Election of local municipality representative
...... (year) .............................. (month) ......................... (day)
....................................... (name of the settlement)
.......................................... number of constituency
Only one candidate may be validly voted for!
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O independent candidate
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.
(Upon request of nominating organisations abbreviation must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.
In case of candidates registered by the electoral authority as a national or ethnic minority candidate the name of the minority shall be indicated on ballot-papers. Upon request of minority candidates or minority nominating organisations the name of candidates, minority nominating organisations and minority shall be indicated on the ballot-papers also in the language of the given minority.)
Appendix 6. of the Act C of the Year 1997.
(Sample ballot-paper for elections of mayors and the capital mayor)
Ballot-paper
Election of mayor/capital mayor
...... (year) .............................. (month) ......................... (day)
....................................... (name of the settlement)
Only one candidate may be validly voted for!
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O independent candidate
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
(name of candidate) O (name of nominating organisation)
Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.
(Upon request of nominating organisations abbreviation must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.)
Appendix 7. of the Act C of the Year 1997.
(Sample ballot-paper for list election of capital/county general assembly.)
Ballot-paper
Election of members of capital/... county general assembly
...... (year) .............................. (month) ......................... (day)
....................................... (Budapest/name of the county)
Only one list may be validly voted for!
1. 2. X.
O O O
(name of nominating organisation) (name of nominating org.) (name of nom.)
(name of candidate) (name of candidate) (name of c.)
(name of candidate) (name of candidate) (name of c.)
(name of candidate) (name of candidate) (name of c.)
(name of candidate) (name of candidate) (name of c.)
(name of candidate) (name of candidate) (name of c.)
Lists may be voted for by placing two intersecting lines in the circle above the name of the nominating organisation, for instance: X;+.
(Upon request of nominating organisations abbreviation, symbol or badge printed in black and white must be indicated on ballot-papers beside their name registered by court. In case of common lists the names of all nominating organisations shall be indicated.
In case the number of lists justifies it, lists are to be arranged in two rows on ballot-papers.)
Appendix 8. of the Act C of the Year 1997.
(sample ballot-paper for local minority municipality elections.)
Ballot-paper
Election of local minority municipality representatives
...... (year) .............................. (month) ......................... (day)
....................................... (name of the settlement)
Only ...... candidate(s) of one minority may be validly voted for!
(name of minority) (name of minority) (name of minority)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.
(Upon request of nominating organisations abbreviation must be indicated on ballot-papers beside their name registered by court.
Upon request of candidates or nominating organisations the name of candidates, nominating organisations and minority shall be indicated on the ballot-papers also in the language of the given minority.)