ACTS REGULATING THE PARLIAMENTARY ELECTIONS

ACT XX OF 1949
THE CONSTITUTION OF THE REPUBLIC OF HUNGARY
(abstract issue)

Chapter II
Parliament

Article 19

(1) Parliament is the supreme body of state power and popular representation in the Republic of Hungary.

Article 20

(1) General elections of the Members of Parliament, with the exceptions of elections held in the case of dissolution of Parliament, shall be held in April or May of the 4th year following the elections of the previous Parliament.

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 asset the date of the national referenda;

Chapter XII
Basic rights and obligations

Article 70

(1) All Hungarian citizens of age residing in the territory of the Republic of Hungary have the right to be elected and the right to vote in Parliamentary elections, local government elections or ethnic minority government 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.

(3) The right to vote shall not be granted to persons who are under guardianship restricting or excluding his/her ability to act, are under the force of an absolute verdict prohibiting participation in public affairs, nor to persons who are imprisoned on the basis of an absolute legal judgement or who is under compulsory medical teratment in an institution ordered in an absolute judgement of a criminal procedure.

(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 Budapest are elected by direct, secret ballot based on general and equal right to vote.

(3) Separate laws shall establish provisions for the election of members of parliament, members of the 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 NO. XXXIV OF 1989
ON THE ELECTION OF MEMBERS OF PARLIAMENT

PART ONE
FRANCHISE

Article 1

Franchise shall be general and equal; voting shall be direct and secret.

Article 2

(1) All Hungarian citizens of legal age except those mentioned in paragraph (2) shall have the right to vote during the election of Members of Parliament in the Republic of Hungary (hereinafter: voter).

(2) Any person who
a) is under guardianship restricting or excluding his/her ability to act or;
b) is under the force of an absolute verdict prohibiting participation in public affairs;
c) is serving a prison sentence;
d) who is under compulsory medical treatment in an institution ordered in an absolute judgement of a criminal procedure
has no franchise.

(3) All persons entitled to vote and with permanent residence in Hungary may be elected.

(4) All persons with no permanent or temporary place of residence in Hungary are prevented from voting.

Article 3

Exercising the right to vote is based on the free decision of the voter.

PART TWO
THE ELECTORAL SYSTEM

Chapter I
Members of Parliament

Article 4

(1) The number of members of parliament is a total of three hundred and eighty-six.

(2) One Hundred and seventy-six members of parliament shall be elected in single-member constituencies and one hundred and fifty-two in regional/county and capital constituencies (hereinafter: regional constituencies) on lists. On the basis of national totalled votes in single-member and regional constituencies failing to obtain seats the parties may obtain an additional fifty-eight compensatory seats from their national list.

(3) The number of single-member constituencies in the counties and the capital and the number of seats obtainable in each regional constituency are indicated in the annex number 2 and 3 to this Act.

(4) Members of parliament shall have equal rights and duties.

Chapter II
Nomination

Article 5

(1) Candidates in single-member constituencies may be nominated, with the conditions specified in paragraph (2), by voters and social organisations that comply with the provisions of the Act on the Functioning and Management of Political Parties (hereinafter: party). Candidates may also be proposed and nominated jointly by two or more parties.

(2) In an single-member constituency proposals of at least 750 voters, authenticated by their signatures, shall be required for nomination. An voter may propose only one candidate in one constituency, and only in that single-member constituency in which he/she is a resident.

(3) In regional constituencies parties may make nominations for regional lists. An regional list may be drawn up by a party that has nominated the number of candidates specified by the annex to this Act in a quarter of the single-member constituencies in the regional constituency, but in at least two single-member constituencies.

(4) A national list may be set up by a party that has set up lists in at least seven regional constituencies.

(5) Parties, on the basis of their common single-member constituency nomination, with the participation of the same parties, may set up joint regional lists, and on the basis of their joint regional lists, with the participation of the same parties, may set up joint national lists. With respect to paragraphs (3) and (4) at the setting up of the regional and national list common single-member constituency candidates and common regional lists may not be taken into account. Individual or joint regional and national lists may be connected.

(6) Three times as many candidates may be proposed on regional and national lists as there are seats obtainable on those lists. If the number of announced candidates is smaller than the number of seats on the list, the remaining seats shall remain vacant.

(7) The same person may be nominated simultaneously to one single-member constituency, to one regional list and on the national list. If a candidate obtains a seat in the single-member constituency, his/her name shall be removed from the regional and the national list. If the candidate obtains a seat on the regional list, the name of the party candidate shall be removed from the national list.

(8) If a candidate is removed from a party list, he/she shall be replaced by the next candidate in turn.

(9) The same party may only put forward one, single, joint, or connected, list in a constituency.

Article 6

Chapter III
Determination of Election Results

Article 7

(1) A candidate in an single-member constituency shall become a member of parliament in the first round of elections, if he/she has obtained more than half of the votes validly cast, provided that more than one half of voters in the constituency have cast their votes. Each voter may cast his/her vote on one candidate.

(2) If during the first electoral round more than half of the number of voters in a constituency do not vote (hereinafter: invalid electoral round), then during the second electoral round
a) all candidates who have done so during the first electoral round may stand for election;
b) the candidate having obtained the greatest number of votes validly cast shall become a member of parliament, provided that more than a quarter of the voters in the constituency voted.

(3) If during the first electoral round more than half of the number of voters in a constituency vote, but no candidate has obtained more than half the votes validly cast (hereinafter: unsuccessful electoral round), then during the second electoral round
a) candidates having obtained at least fifteen percent of the votes validly cast during the first electoral round may stand for election; if there are no such three candidates, the three candidates having obtained the greatest number of votes during the first electoral round may stand; if any of the candidates decides to draw back during this time, no other candidate may take his/her place;
b) the candidate having obtained the greatest number of votes validly cast shall become a member of parliament, provided that more than a quarter of the voters in the constituency voted.

(4)

(5) A by-election shall be held in an single-member constituency where, for lack of candidates, it was impossible to hold the first or second electoral round (article 46).

Article 8

(1) The candidates on party lists in regional constituencies shall obtain seats in proportion to the number of votes cast, to be calculated in the manner specified by the annex to this Act, in the order in which they are included on the ballot, provided that more than half the voters voted. Each voter may cast his/her vote for one list.

(2) If the first electoral round in an regional constituency is invalid because the number of voters participating did not exceed one half of the voters, all party lists which had done so during the first electoral round may stand for election during the second electoral round. The candidates on party lists shall obtain seats in proportion to the number of votes cast, to be calculated in the manner specified by the annex to this Act, provided that more than a quarter of the voters voted.

(3) If, following the calculation in accordance with paragraphs (1) and (2), there remain vacant seats in a regional constituency, seats shall be obtained even by those lists that received a number of votes smaller than that required to win a seat, but exceeding two-thirds of it. If there are several of those, the seat shall be obtained by the one that has received the next greatest number of votes. If after the calculation there still remains a vacant seat, it shall be added to those obtainable on the national list.

(4) In the case of a seat being obtained according to paragraph (3), the difference between the numbers of votes required for a seat and actually received shall be deducted from the number of national list surplus votes according to paragraphs (2) to (4) of article 9.

(5) A list shall not receive a seat under the cases in paragraphs (1) and (3), if it does not satisfy the following conditions:
a) A party list shall not receive a seat if the regional list put forward by that same party failed to receive more than five percent of the national total of the votes validly cast for the regional party lists. In this respect only the validly cast votes for the same party regional lists may be totalled.
ba) A common list, or connected lists do not receive a seat, if they fail to receive at least ten percent of the national total of validly cast votes, and in the case of a joint or connected list put forward by more than two parties, a total of at least fifteen percent of the national total of validly cast votes. In this respect only the validly cast votes for the joint and connected lists put forward by the same parties in identical ways may be totalled. 
bb) The member of the joint list or common list who did not receive more than five percent of the national total of validly cast votes for all the regional lists shall be omitted and may not receive a seat. In this respect only the validly cast votes for the same lists and parties participating in joint lists and connected lists put forward by the same parties in identical ways may be totalled. If a list is omitted from a list connection, or a party is omitted from a joint list, henceforward this shall be considered as if the list omitted from the connection or the party omitted from the joint list had not participated in the setting up of the joint list, and so candidates appearing on them may not receive seats.
 
(6) Parties connecting their lists shall obtain seats in proportion to the totalled votes cast for their respective lists taking part in the connection.

(7) On the calculation of the percentage limit according to point bb) of paragraph (5) the votes cast for the joint list shall be distributed among the parties according to the prior – nation-wide uniform – statements made by the parties involved on the basis of paragraph (3) of article 9., if such is missing they shall be distributed in equal proportions.

(8) If two or more parties have received equal numbers of votes and stand to obtain seats with that number of votes, but the number of seats in the regional constituency is smaller than that of the parties having received equal numbers of votes, the seats shall be distributed in the order of the ordinal numbers of list.

(9) If no party lists are set up in a regional constituency, the respective seats for that regional constituency shall go on the national list, and shall be distributed according to the surplus votes.

(10) If the second electoral round proves to be unsuccessful in a regional constituency, because not even a quarter of the voters cast their votes, then the votes cast in the first electoral round shall be considered as surplus votes, and the vacant regional constituency seats shall be distributed on the national list.

Article 9

(1) Candidates on national lists shall obtain seats in proportion to the national total of surplus votes and in the order of declaration. Those to be counted as surplus votes are those
a) which were cast, in a single-member constituency during the first valid electoral round, for party candidates who did not obtain a seat during either electoral round; 
b) which were cast for lists, in an regional constituency during a valid electoral round, in a number smaller than that required for seat, or which exceeded the number of votes used to receive a seat.
 
(2) Surplus votes cast for single-member constituency candidates and regional lists shall be added:
a) to the national list of the party which nominated the candidate, and set up the regional list,
b) to the connected national list in which connection the national list of the party nominating the candidate or putting forward the list participates.

(3) Surplus votes cast for joint single-member constituency candidates and joint regional lists shall be added to the national list according to paragraph (2) of the parties putting forward a joint candidate and joint list according to the ratio previously agreed to – nation-wide uniform –by the parties involved. In the lack of other provisions by the parties the surplus votes shall be added:
a) to the common national list put forward by the parties nominating the candidate or setting up the list, 
b) to the connected national list in which connection the joint national list of the parties nominating the candidate or putting forward the list participates.
 
(4) Surplus votes of the connected regional list shall be added to the connected national list in which connection the national lists of the parties connecting the regional list participate.

(5) Votes cast during an invalid electoral round shall not be counted as surplus votes under paragraph (1) and hence shall not be taken into account for purposes of obtaining seats on the national list, except for the stipulations in article 8, paragraph (10). Votes cast for a regional list, and for a member of a list connection or joint list who may not receive a seat on the basis of article 8, paragraph (5) may not be counted as surplus votes.

(6) Parties connecting their national lists may receive seats in proportion to the total number of surplus votes allotted to the lists participating in the connection.

PART THREE
ELECTORAL PROCEDURES

Chapters IV to X
Articles 10-45

Chapter XI
By-elections

Article 46

(1) A by-election shall be held in a single-member constituency, if the second electoral round is also invalid, or the appointment of a member of parliament in a single-member constituency has been terminated.

(2)

(3) The rules of general elections shall, with the differences in this chapter, apply when applicable to by-elections.

(4) The results of a by-election shall not affect the seats on the national lists.

(5) In cases where the appointment of a member of parliament that has a seat on a regional or a national list has been terminated, it shall be obtained by a person named by the party concerned, from among the party candidates originally included on the lists. Within 30 days of the occurrence of the reason, a party shall notify the name of the new member of parliament to the authorised electoral committee.

Chapter XII
Closing Provisions

Article 47

(1) The date of the second round of the election of members of parliament, simultaneously with the setting of the date of the first round, shall be set on the 14th day following the first round.

(2) Elections shall be set in a way so as to avoid the first and second rounds of elections falling on national holidays or bank holidays, nor on the day preceding and following such days.

Article 48

(1) The date of a by-election shall be set by the National Electoral Committee according to the stipulations of article 47.

(2) By-elections shall not be held in the same year as general elections.

Article 49

Article 50

(1) The expenses incurred in connection with the carrying out of state tasks concerning the preparation and conduct of elections (providing personnel and material conditions, the functioning of electoral bodies, the production of registers and printed forms, transport, telecommunication and other expenses) shall be covered from the state budget to the extent determined by Parliament. The State Audit Office shall inform the Parliament of the utilisation of such funds.

(2) The Government shall be authorised to determine the serial numbers, centres and boundaries of single-member and regional constituencies.

Article 51

Article 52

The annexes to this Act shall determine:
a)
b) the number of single-member constituencies in the counties and Budapest as well as the number of seats obtainable in each regional constituency;
c) the number of nominations in single-member constituencies required for putting forward a regional list;
d) the procedures for the totalling of votes and the determination of election results;
e) – j)
k)

Article 53 - Article 55

Article 56

(1) This Act shall enter into force on the day of its promulgation.

(2) - (4)

   Annex 1 [to article 52, point a)]                                                                              Annex 2 [to article 52, point b)]

Annex 3 [to article 52, point c)]

Annex 4 [article 52, point d)]

Counting of votes and the method of calculating the results of the election

I.    Single-member constituency

1.    Valid and invalid election round:

a) Valid first election round: 
The first round of elections shall be valid, if more than half of the voters have cast their votes at the election.

b) Invalid first round of elections: 
The first round of elections shall be invalid, if half of the voters, or less have cast their votes at the election.

c) Valid second round of elections: 
The second round of elections following an invalid or unsuccessful first round of elections [points 1/b) and 2/b)] shall be valid if more than a quarter of the voters have participated in the election.

d) Invalid second round of elections:
The second round of elections following an invalid or unsuccessful first round of elections [points 1/b) and 2/b)] shall be invalid if no more than a quarter of the voters have participated in the election.

2.    Successful and unsuccessful election round:

a) Successful first round of elections 
A first round of elections shall be successful and valid [point 1/a)] in which one of the candidates receives more than half the votes cast.

b) Unsuccessful first round of elections 
A first round of elections shall be unsuccessful [point 1/a]) if none of the candidates receive more than half the votes cast.

c) Successful second round of elections 
A second round of elections following a valid [point 1/a] or invalid [point 1/b] first round of elections shall be successful in which the candidates receive a different number of votes.

d) Unsuccessful second round of elections 
A second round of valid [point 1/c] elections shall be unsuccessful, if the candidates receive an identical number of votes.

In single-member constituencies the candidate who during the valid round of elections received the number of votes according to points 2/a or 2/c shall become a member of parliament.

II.    Regional constituency

1.    Valid and invalid election round:

a) Valid first round of elections: 
The first round of elections shall be valid if more than half of the voters have cast their votes at the election.

b) Invalid first round of elections: 
The first round of elections shall be invalid, if half of the voters, or less have cast their votes at the election.

c) Valid second round of elections: 
The second round of elections following an invalid first round of elections [point 1/b] shall be valid, if more than a quarter of the voters have participated in the election.

d) Invalid second round of elections: 
The second round of elections following an invalid first round of elections [point 1/b] shall be invalid, if no more than a quarter of the voters have participated in the election.

2.    Preconditions for calculating the results of regional list elections:

a) the nation-wide totalling of votes validly cast for regional lists separately by party,

b) identification of the those parties for which the number of votes cast did not exceed the percentage boundary as determined in article 8, paragraph (5) of this Act.

3.    Calculation of the results of a valid round of elections in the regional constituency:

a) The number of validly cast votes on the election lists of the parties are to be added up (hereinafter: total valid votes).

b) One has to be added to the number of seats available in the constituency (hereinafter: divider).

c) The total of valid votes is to be divided by the divider. The ratio thus calculated is the number of votes required to obtain a seat.

d) The number equal to two-thirds of the number of votes required to obtain a seat is to be determined (hereinafter: two-thirds boundary).

e) The number of votes cast for the party’s regional list is to be divided by the number of votes required to obtain a seat. The integer resulting from the division shall be the number of seats obtained by the party, also taking into consideration article 8, paragraph (8) of this Act. The remainder of the division, along with the votes not resulting in a seat shall constitute surplus votes.

f) If after the distribution of the seats according to point e) there shall still remain seats vacant, then the parties shall receive seats in the decreasing order of surplus votes, until the two-thirds boundary is reached. If all of the seats available in the constituency have been filled, then, regardless of the two-thirds boundary, further seats may not be distributed. Surplus votes not resulting in seats, with the exception of the surplus votes determined in article 8, paragraph (4), shall be added to the national list.

g) Seats remaining vacant in regional constituencies after the calculation under point f) shall be added to the national list.

III.    Distribution of seats obtainable on the national list on the basis of surplus votes

1.    Surplus votes generated in single-member and regional constituencies [article 9, point (1)] shall be totalled on a national level, separated according to parties, taking into consideration article 8, point (4) of this Act (hereinafter: surplus votes for parties).

2.    Surplus votes for parties shall be totalled on the national level (hereinafter: national surplus vote).

3.    The number of seats remaining vacant on regional lists shall be added to the number of seats obtainable on the national list (58) [II./3 g].

4.    The seats obtainable on the national list shall be distributed on the basis of the surplus votes. The procedure for this shall be: A table shall be compiled, the first row shall be made up of the surplus votes cast for the parties. Under each of the surplus votes for parties a numeric column shall be created, the first number of which shall be half the number of surplus votes cast for the given party, the next a third thereof, a quarter, etc.

5.    Seats shall be distributed with the help of the table. The greatest number in the table shall be selected. The party in whose numeric column we find that number shall receive a seat. Next the second greatest integer shall be selected. The party in whose numeric column we find that number shall receive a seat. This procedure shall be continued until all of the obtainable seats have been distributed.

Should there appear equal number during the selection of the greatest appearing in the table, then the party to receive the seat shall be determined on the basis of article 9, paragraph (8) of this Act.

IV.    The connection between the percentage boundary and the number of seats obtainable on the regional list

1.    The number of votes cast for regional lists shall be totalled on the national level, separately according to parties (hereinafter: list votes cast for parties).

2.    The list votes cast for parties shall be totalled (hereinafter: number of list votes).

3.    The percentage of party list votes as determined in article 8, paragraph (5) of this Act is to be calculated.

4.    The party which on the basis of the list votes cast for parties has received more votes than the percentage determined in article 8, paragraph (5) shall obtain the number of list seats it reached in the regional constituency and, on the basis of surplus votes, the seats it attained on the national list.

5.    The party which on the basis of the list votes cast for parties did not exceed the percentage determined in article 8, paragraph (5) shall

a) lose the surplus votes it received in single-member constituencies,

b) not obtain a seat in the regional constituency,

c) not obtain a seat on the national list.

Act C. of the Year 1997 on the Electoral Procedure*
(abstract issue)
* This act was passed by the Parliament at its session on the 14th October 1997.

According to the Republic of Hungary’s Constitution, suffrage is universal and equal. Voting is direct and secret. In order to exercise the right to vote, the electoral, referendum and popular initiative procedures must be democratic and provided with the appropriate guarantees. To ensure this, the Parliament frames the following act:

PART I.
GENERAL PROVISIONS

CHAPTER I.
BASIC RULES

Purpose of the Act

§ 1. The purpose of this act is to allow voters, candidates, organisations presenting candidates and electoral authorities to exercise their right to vote, based on simple, clear and uniform procedural rules.

Scope of Application of the Act

§ 2. This act is applied in the event of:

a) election of Members of Parliament,

b) election of municipality representatives, mayors and minority municipality members,

c) national and local referendum,

d) national and local popular initiative and

e) in case of electoral procedures, where the application of this act is ordered by a rule of law [items a)-e) together: election].

Basic Principles of the Electoral Procedure

§ 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 and prevention from electoral fraud,

b) voluntary participation in presenting candidates, the election campaign and voting,

c) equal chances for candidates and the 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

§ 4. (1) Elections shall be called at least 72 days before the election day.

(2) In case the electoral committee or court must repeat a voting, the electoral committee shall call the repeated voting for the seventh day after the voting that is to be repeated.

(3) Deadlines declared in this act are subject to loss of right, and expire on the last day of the deadline at 16 o'clock unless ordered otherwise by law.

(4) Deadlines counted in days shall be calculated according to calendar days.

§ 5. Expenses for the execution of state tasks in connection with preparation for and completion of elections shall be covered to a certain degree by the central budget designed by Parliament. The State Audit Office should then inform the Parliament on the usage of these financial resources.

CHAPTER II.
PUBLICITY OF THE ELECTORAL PROCEDURE

§ 6. (1) The operation and activity of electoral committees, as well as the data at the disposal of these committees, are public with exceptions defined by law. Publicity of the electoral procedure may not violate the secrecy of voting, personal rights or those rights in connection with the protection of personal data.

(2) Copies of the official reports recording the election results shall be put to the disposal of organisations nominating candidates and independent candidates free of charge. Computer data of the elections is available to anybody upon payment of a fee.

(3) Responsible electoral offices shall publish a statement on the particulars of the elections, including the venue and date of voting, candidates, a copy of the register of the voters, the manner of voting, and the results of the elections.

(4) Names of the members of the electoral committee and the leader of the electoral office, along with the addresses of these, shall be published in the locally usual manner. Names of the members of parliamentary single-member constituency and local electoral committees also in official periodicals of capital and county general assemblies shall be published in the databank of the National Electoral Committee in Magyar Közlöny.

(5) Electoral offices shall ensure that voters can obtain general information on the particulars of the elections, the manner of voting, as well as answers to their questions.

(6) Electoral offices may give information on the ranking of voters on election day before the end of the election.

§ 7. Media representatives may be present during the work of electoral committees, yet they may not disturb their activity.

§ 8. (1) Results of public opinion polls in connection with elections may not be published from the eighth day before the election day until the end of the election.
(2) Public opinion polls may only be carried out on election day under the following conditions:

a) public opinion polls must be anonymous and based on voluntary principle,

b) public opinion researchers must not enter polling stations or disturb voters in any manner, and they may only ask the opinions of those who are leaving the polling premises.

CHAPTER III.
CONSTITUENCIES, ELECTORAL DISTRICTS

§ 9. (1) Constituencies shall be formed so that the number of inhabitants per constituency is approximately equal.

(2) In forming constituencies, characteristics such as minority, religion, history and geography must be taken into consideration.

§ 10. (1) The number, serial number and geographical arrangement of each constituency, as well as the address of polling places, are to be designed by the leader of the local electoral committee. Each constituency shall have approximately six hundred voters, with no more than one thousand two hundred voters, and each settlement shall have at least one constituency. Leaders of local electoral offices need to pay attention to changes concerning the forming of constituencies and take measures accordingly.

(2) In the case of having 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 the address registration may vote. At settlements with two or more constituencies, the leader of the local electoral office shall design an electoral district belonging to the constituency drawn by him or her.

§ 11. Neither serial number or boundary of settlement, constituency or electoral district, nor name of settlement or street, nor street-number or number in cadastral survey may be altered from the call elections until election day.

CHAPTER IV.
REGISTRATION OF ELECTIVE FRANCHISE

Register of Voters

§ 12. Leaders of local electoral offices shall compose a register of the voters with a right to vote for each polling station after the call election. This register is to based on records of the central population registration, along with records of major citizens disfranchised. The changes within the register must continuously be recorded.

§ 13. (1) All persons with a right to vote that are domiciled, or lacking this have a residence in the electoral district (hereinafter referred to as an address), must be included in the register of voters.

(2) Registers of voters shall be composed in a manner so that they identify 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 (for women, the maiden name must also be included),

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 this is identical, another natural personal identifying datum.

Publication of the Register of Voters

§ 14. (1) The register of voters shall be published for a period of eight days 60 days prior to election day. Voters must be informed of their inclusion on the register of voters by means of sending an announcement no later than on the 58th day prior to election day.

(2) This announcement shall contain family and first name, address, personal identity number, serial number on the register of voters, venue and date of voting, technical data as well as any 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 of the central population registration for the technical preparation of announcements and official proposal coupons. Heads of local electoral offices shall ensure that the announcements and official proposal coupons are 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 request them from the local electoral office.

Alternations of Register of Voters

§ 15. (1) Citizens

a) illegally left out from the register of voters,

b) having won a right to vote after the completion of the register of voters, or

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 remove from the registers of voters those deceased, those having lost the right to vote and those having been included in another constituency’s register of voters because of a change of address.

(3) Modified registers of voters shall be available at mayor's offices until the second day before election day.

§ 16. (1) Voters having altered their address after the completion of the register of voters shall be included in the new register upon arrival to registration and informed of such by being handed over an announcement 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 so that removal from the first 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 disfranchised and the reason thereof or

c) has obtained a certificate according to § 89. or § 104. or

d) is not included in either the register of voters or the register of major citizens disfranchised.

(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 remove the citizen from the register of voters or from the register of major citizens disfranchised.

(4) In the case described in item b) of paragraph (2), the head of the local electoral office of the new domicile shall remove the citizen from the register of voters, include him or her in the register of major citizens disfranchised 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 remove 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 office of central population registration.

Records on Major Citizens Disfranchised

§ 17. (1) In order that right to vote be determined authorities designed in items a)-c) shall continuously inform the office of central population registration and on alternations of data according to paragraph (2) of major citizens disfranchised as follows:

a) The public guardianship authority acting in connection with the guardianship action on putting under guardianship the limiting or excluding power of disposal and termination thereof,

b) National Law Enforcement Authority by way of the authority registering criminals or persons falling within an effectual verdict of injunction from public affairs,

c) National Law Enforcement Authority on citizens under imprisonment or under forced medical treatment ordered, in effect, in a criminal procedure.

(2) Information according to paragraph (1) shall contain the following data of a citizen:

a) family and first name (for women, the maiden name must also be included),

b) personal identity number,

c) cause, starting point and expected termination of exclusion from those having a right to vote.

(3) The central office of records on central population registration shall maintain records of major citizens disfranchised with data provided according to paragraph (1). It will also assure maintenance of personal identifying and address data by regularly obtaining data from the central population registration.

(4) Data of citizens who have regained a right to vote or have left the scope of authority of the central population registration shall be erased from the records. Data of citizens erased from the register of major citizens disfranchised shall be guarded for six months after removal.

§ 18. (1) The register of major citizens disfranchised shall be controlled by the managing authority separately from the 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) The central population registration may provide information from the register of major citizens disfranchised for the purpose of conducting elections, authenticating data of signers of referendum initiatives and popular initiatives and the procedure of electing electoral committees, electoral offices, courts and people's assessors for mayors.

(3) The central office of population registration shall check the candidates' right to vote based on data from the register of major citizens disfranchised and records on central population registration. The central office will, in turn, immediately inform the proper electoral committee on the eventual lack of right to vote.

(4) The office of central population registration may check rights to vote of elected Members of Parliament based on data from the register of major citizens disfranchised and records on central population registration. The central office will, in turn, immediately inform the proper electoral committee on the eventual lack of right to vote.

§ 19. In order for the right to vote to be determined, the register of major citizens disfranchised may be linked with local, district and central records on population registration - concerning residents of the constituency concerned in elections - from the day of calling for elections until publication of the final results. Linking shall immediately be terminated after the deadline for legal remedies that are in connection with the elections.

§ 20. The register of major citizens disfranchised is not public. It is only available to the person concerned and members of court, the electoral committee and the electoral office.

CHAPTER V.
ELECTORAL AUTHORITIES

Electoral Committees

§ 21. (1) Electoral committees are independent authorities of voters and subject solely to law. Their primary tasks are to determine election results, assure fairness and legality of elections, enforce impartiality and, if necessary, restore legal order of elections.

(2) Electoral committees:

a) polling station committee,

b) local electoral committee,

c) parliamentary single-member constituency electoral committee,

d) regional electoral committee,

e) National Electoral Committee.

(3) Electoral committees are considered during their operation as authorities, and their members as official persons.

(4) Members of electoral committees shall be exempt from the obligation to work, as described in law, the day after election day and be paid average wages by their employer for this time. Employers may claim compensation for wages of members of electoral committees from electoral offices within five days after election day or, in case of polling station committees, from local electoral offices.

Members of Electoral Committees

§ 22. (1) Except for § 24., § 25. and paragraph (3) and (4) of § 27., only voters having an address in the constituency – and in the case of a 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 family member 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 which may be connected in a decision or judgement on a decision in a legal remedy procedure.

§ 23. (1) The representative board of local government shall elect three Members and also the necessary number of additional Members of the polling station committee after the call for general elections of Members of Parliament no later than the twentieth day before election day. Heads of local electoral offices shall make proposals on the possible Members. No separate polling station committee shall be elected in settlements with one electoral district [ item l) of paragraph § 31. (2)].

(2) The representative board of local government shall elect three - at settlements with one constituency, five - members and the necessary number of additional members of local electoral committee after the call for elections of municipality representatives and mayors no later than 51 days before election day. Heads of local electoral offices shall make proposals on the possible Members.

(3) Capital and county general assemblies shall elect three members respectively, and also the necessary number of additional members of parliamentary single-member constituency and regional electoral committees. Heads of regional electoral offices shall make proposals on the possible members.

(4) The Parliament shall elect five members and the necessary number of additional members of the National Electoral Committee. The Minister of Interior shall make proposals on the possible members, taking into consideration parties’ proposals.

(5) Elected members of committees according to paragraph (3) and (4) shall be elected after the general call for elections of Members of Parliament no later than 51 days before election day.

§ 24. In the event that members of the polling station committee or local electoral committee have not been elected by the deadline determined by law because of a low number of inhabitants, incompatibility rules or because the representative board has been inhibited in its operation, members shall immediately be charged by regional electoral committee with proposal of the head of the local electoral office.

§ 25. (1) In addition to members mentioned in § 23., one respective member of the electoral committee shall be charged by the 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 the heads of electoral committees no later than 16 days before election day.
§ 26. (1) The charge of elected members of electoral committees determined in §23. shall expire at a statutory meeting of the electoral committee established for the next election.

(2) The charge of charged members of electoral committees shall expire upon publication of the final results of elections except for cases included in paragraph (3).

(3) Members charged according to § 25. by parties establishing representative groups at statutory meeting of Parliament of the National Electoral Committee shall expire at the time determined in paragraph (1) or upon termination of the given representative group. Parties not having charged a member into the National Electoral Committee according to § 25. and having established a representative group may charge one member, whose charge shall expire at the time determined in paragraph (1) or upon termination of the given representative group.

(4) In addition to cases included in paragraphs (1)-(3), the 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 resignation of the member, or

d) upon withdrawal of charge.

§ 27. (1) In case an elected member of the electoral committees dies 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 the case of a lack of an additional member the representative board of local government, 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 dies 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 the polling station committee or local electoral committee has been elected for the reasons described there.

(4) In the event that the number of members of the polling station committee is less than five on election day, head of the local electoral office shall complete the board by choosing members from among the additional members or members of another polling station committee. If completion of the polling station committee is not possible in this manner, the head of the regional electoral office shall provide for it by charging members or additional members who have taken an oath of the polling station committee of another settlement.

§ 28. (1) Members of the electoral committee shall take an oath in the presence of the respective mayor, the mayor of the capital, the president of the county general assembly and the president of Parliament. Wording of this oath is determined by appendix 1.

(2) After their members have been elected and have taken the oath, the electoral committees shall hold a statutory meeting. The President and vice-president shall be elected from among the elected members at this statutory meeting.

(3) Electoral committees shall be represented by their presidents. In the case of electoral committees without a president, or with a president inhibited in his or her activities, the tasks of the president shall be carried out by the vice-president.

(4) Rights and obligations of elected and charged members are the same, the difference being that charged members do not obtain a fee.
Decision of Electoral Committee

§ 29. (1) Electoral committees shall operate as bodies. The presence of a majority of members, along with identical voting of a majority of the members present, are necessary for their decision-making. Voting shall be carried out in a yes or no manner.

(2) The decisions of the electoral committees shall be included in resolutions, along with their justifications. Minority opinions, along with their justifications, are to be recorded in the minutes.

Polling station committee

§ 30. (1) Polling station committees shall consist of at least five members.

(2) Polling station committees shall:

a) check polling-places, conduct voting, and provide for the legal conduct of voting,

b) make decisions on discussed issues emerging during voting,

c) count votes and determine the results of the election in the given polling station,

d) propose annulment of the results of the election in the given polling station if influencing violation of the law is detected,

e) make an official report on the results of the election.

Local Electoral Committee

§ 31. (1) Local electoral committees shall consist of three members and, at settlements with one polling station, five members.

(2) Local electoral committees shall:

a) make decisions concerning registration or refusal of candidates, lists and organisations nominating candidates,

b) draw lots on serial numbers of the lists,

c) approve data contents of ballot-papers of the settlements,

d) make decisions on complaints submitted,

e) annul results of elections if influencing violation of law is detected,

f) in case of an equal number of votes, draw lots on which candidate shall obtain a seat,

g) determine and publish the results of the 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 the case of a discovered violation of law,

k) call for local minority municipality elections,

l) carry out tasks of a polling station committee at settlements with one polling station.

Parliamentary Single-Member Constituency Electoral Committee

§ 32. (1) Parliamentary single-member constituency electoral committees shall consist of at least three members.

(2) Parliamentary single-member constituency electoral committees shall:

a) make decisions concerning registration or refusal of candidates and organisations nominating candidates,

b) approve the data contents of ballot-papers of the constituencies,

c) make decisions on complaints submitted,

d) annul results of elections if influencing violation of law is detected,

e) determine and publish the results of the election,

f) issue a certificate of mandate to parliamentary single-member constituency representatives,

g) initiate a call for by-elections at the National Electoral Committee,

h) initiate a decision of the proper authority in the case of a discovered violation of law.

Regional electoral committee

§ 33. (1) Regional electoral committees shall consist of at least three members.

(2) Regional electoral committees shall:

a) make decisions concerning registration or refusal of lists, candidates therein, and organisations nominating candidates,

b) draw lots on serial numbers of the lists,

c) approve data contents of ballot-papers of a constituency,

d) make decisions on complaints submitted,

e) annul results of elections if an influencing violation of law is detected,

f) determine and publish the results of the 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

§ 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, and this standpoint must be published in Magyar Közlöny.

b) make decisions concerning registration or refusal of lists, candidates therein and organisations nominating candidates,

c) draw lots on serial numbers of the lists,

d) approve data contents of ballot-papers of national referenda,

e) make decisions on complaints submitted,

f) annul results of elections if an influencing violation of law is detected,

g) determine which organisations nominating candidates have reached the vote limit percentage determined by law,

h) determine which candidates on national lists have obtained seats based on surplus votes summarised nationally,

i) issue a certificate of mandate to representatives having obtained seats,

j) determine and publish nationally summarised results of election,

k) call for parliamentary by-elections and determine its deadlines according to the calendar,

l) initiate decisions of the proper authority in case of discovered violation of law,

m) give the Parliament an account on general elections of Members of Parliament, municipality representatives, mayors and national referenda,

n) operate in all affairs in its scope by law.

Electoral Offices

§ 35. (1) Electoral offices are authorities that carry 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 the polling station committees. One member of the local electoral committee shall operate beside the polling station committees as a keeper of minutes.

(3) Heads of local and parliamentary single-member constituency electoral offices shall be the respective clerks. Heads of regional electoral offices shall be the respective county /capital recorders.

§ 36. (1) Members of electoral offices shall be charged for an undetermined period by the head of the electoral office, and members of the National Electoral Office shall be charged by the Minister 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.

§ 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 then 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 then exempt him or her.

§ 38. (1) Electoral offices shall:

a) publish an election bill about the day of the election, particulars of voting, nominating and electing, and the number of proposals needed for a valid candidature,

b) publish names of candidates and organisations nominating candidates in the constituency, and the facts of the independent nominations,

c) publish names of members of electoral committees and head of electoral offices, and addresses of official premises of electoral authorities,

d) organise a briefing of members of electoral authorities, and provide for non-partisan information of voters,

e) operate information systems of elections,

f) carry out technical tasks related to the checking of the proposals of candidates,

g) operate a computer program which detects 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.

§ 39. (1) Professional activities of electoral offices shall be controlled by the Minister of Interior through 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 outlined in this act to heads of other electoral offices; heads of regional 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

§ 40. (1) The period of the election campaign shall be between the call for the election and 0 o'clock of the day before election day.

(2) The election campaign is prohibited after 0 o'clock of the day before election day.

A strict campaign ban is then imposed.

Violation of Campaign Ban

§ 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 posters), and the provision of information influencing voting intentions in electronic or by any other means are regarded as violation of the campaign ban.

Posters

§ 42. (1) Organisations nominating candidates and candidates may produce posters without permission until the end of the 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 the case of properties possessed by the state or a municipality, exerciser of the property management right.

(4) In local municipality or in the capital, the capital municipality may forbid the placement of posters in some public buildings or specified parts of public area for reasons related to protection of monuments or the environment. Placing posters is prohibited on or inside buildings housing state or municipality authorities.

(5) Rules on the usage of public area are to be applied for placing individual advertising equipment serving as part of the election campaign.

(6) Posters shall be placed in a manner that they shall not cover posters of other candidates and organisations nominating candidates, and must be removable without causing damage. Posters must be removed within 30 days after the election by their placers or by those in whose interest they have been placed for.

Meetings

§ 43. (1) Electoral meetings are public. Order is to be 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. The election campaign and electoral meetings are prohibited in buildings housing state or municipality authorities except for settlements with less than 500 inhabitants, in the case of no other public building being available.

Broadcasting on the Radio and Television

§ 44. (1) Program providers may publish political advertisement for candidates and organisations nominating candidates with equal conditions during the campaign period. No opinions or evaluating explanations may be added to political advertisements.

(2) Radio and television laws shall be applied for the participation of program providers in the election campaign.

Provision of Data

§ 45. (1) The central office of population registration shall, upon request, give candidates and organisations nominating candidates the family and first names, as well as the addresses of voters registered after the 20th day before election day upon payment of a fee with equal conditions. This service may be requested 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 be used solely for the purpose of the election campaign. Using them for other purposes, 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 the data provider within three days.

(4) Besides heads of local electoral offices and central office of population registration, no state or municipality authority may provide data from their own records to candidates or organisations nominating candidates for the purpose of the election campaign.

CHAPTER VII.
PROPOSAL AND NOMINATION OF CANDIDATES

§ 46. (1) Candidates may be proposed only on the 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) Proposals may not be withdrawn.

§ 47. (1) Official proposal coupons contain the type of the election, name and serial number of the constituency and the family and first name of the voter.

(2) The voters proposing a candidate shall write his or her address, personal ID, a signature, the family and first name of the person proposed and the name of the organisation nominating candidates or the fact of independent candidature on the official proposal coupon.

§ 48. (1) Official proposal coupons may be collected anywhere without annoyance to citizens except for the exception in paragraph (2).

(2) No official proposal coupons may be collected:

a) at work during the completion of obligation to work, originating from a work relationship or other legal relationship directed at the practice of work,

b) from persons at a serving relationship with armed forces or police authorities at service or at the service place,

c) on means of public transportation,

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. It is also forbidden to ask for advantage or accept an advantage or the promise of an advantage for the proposal.

Common Candidate

§ 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 election aspect.

Invalid Proposal

§ 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
 
§ 51. (1) Nominating organisations intending to nominate a candidate or a list of candidates 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 intends to nominate candidates or lists in the area of several counties or the capital and any county,

b) at the regional electoral committee in case the nominating organisation intends to nominate candidates within one county or the capital in several parliamentary single-member constituencies or settlements,

c) at the parliamentary single-member constituency electoral committee or local electoral committee in case the nominating organisation intends to nominate candidates in one parliamentary single-member constituency or one settlement.

(2) The National Electoral Office shall keep a register on nominating organisations submitted for registration and those that are 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
 
§ 52. (1) Candidates are to be submitted for registration at the proper electoral committee no later than the 23rd day before election day by furnishing official proposal coupons.

(2) Submissions shall contain family and first name, personal ID, address and declaration of candidates on:

a) having a right to vote,

b) accepting nomination,

c) having no position incompatible with the charge of representative or mayor, or, in the case of election, willing to renounce thereof.

(3) In case two or more voters with identical family and first names intend to put up for the election, the person submitted later is obliged to agree to be differentiated from the candidate submitted before by using letters or a second first name.

Submission of Lists
 
§ 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) The 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.

Checking of Proposals

§ 54. (1) Proposals are to be checked by the proper electoral committees.

(2) The 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

§ 55. (1) A certificate is issued on submission for registration of nominating organisations, candidates and lists by electoral offices, and 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.

§ 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 as ordered by law.

(3) Electoral committees shall refuse registration of lists in case the nomination does not comply with the legal conditions.

Provisions Related to Candidates

§ 57. Voters proposed to be a candidate in several places within one type of nomination shall declare which nomination he or she will accept no later than 19 days prior to election day.

§ 58. Voters renouncing from a nomination in writing before the election, losing the right to vote or those deceased shall fall out. The names of fallen candidates shall be erased from the register of candidates and ballot-papers.

Protection of Data Related to Proposals

§ 59. (1) No copy may be made of the official proposal coupons. Technical records made in order that the validity of nomination be determined are not regarded as copies.

(2) The data of nomination related to persons who propose are not public. In case of a complaint in connection with the nomination electoral committees, electoral offices and courts may check the 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 the rights to nominate of the nominating organisations in the records on social organisations registered in court.

§ 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 must be given to electoral committees within three days.

CHAPTER VIII.
VOTING

Time and Venue of Voting

§ 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 designated according to the domicile of voters, with exceptions mentioned in this act.

(3) Voters encumbered in movement shall be visited by at least two members of the polling station committees, upon request, with a portable ballot-box so that he or she may vote.

(4) Polling-places may not be closed during the period of voting. Voting may not be prolonged or paused, except in the case of exceptional events. In case the number of members of the polling station committee decreases below three during the voting day, or if voting becomes impossible due to unavoidable external reasons, those present are obliged to suspend voting, put the ballot-box and the documents under arrest and, with no delay, to inform the head of the local electoral office on the suspension in order to assure the legal continuation of voting.

§ 62. (1) Polling-places may not be in buildings used by candidates or nominating organisations.

(2) A necessary number of polling-booths, with a minimum of two, must be established in each polling-place to ensure that the voting runs smoothly. 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

§ 63. After placing the election documents and prints, no one may stay in the polling-places until the commencement of voting except for the members of the polling station committees and electoral offices.

§ 64. (1) Polling station committees shall examine the state of the ballot-boxes in the presence of the citizen voting first before the commencement of voting. The citizen voting first must not be a member of a polling station committee. The results of this examination are to be recorded in the official report on voting.

(2) Ballot-boxes must be locked in the presence of the citizen voting first in such a manner that no ballot-paper may be removed therefrom without tearing the ballot-box into pieces. Following this, the polling station committee shall place inside the ballot-box a checking sheet containing the time of placement of the checking sheet and the signatures of the members present of the returning board, as well as that of the citizen voting first.

Method of Voting

§ 65. (1) Presidents of polling station committees 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 and must be followed.

(2) Voters may stay in polling-places during voting solely for the time necessary to exercise their right to vote.

§ 66. (1) Only citizens listed on the register or placed onto the register by the polling station committee may vote in polling-places.

(2) Polling station committees shall determine the identity of persons intending to vote and whether they are listed in the register based on a proper certificate for determining personal identification and address. Polling station committees shall place onto the register of voters citizens that:

a) possess a certificate,

b) certify having a domicile in the area of the constituency provided that they are not listed on the register of major citizens not having a right to vote.

(3) Polling station committees shall refuse citizens that are unable to properly certify their personal identity and address, or those that may not be taken into the register of voters because of lack of legal conditions. Polling station committees shall keep a register of these persons.

§ 67. (1) If no barrier emerges to voting, polling station committees shall, in the presence of the voter, supply them with the ballot-paper, officially sealed.

(2) If necessary, the polling station committees shall explain the manner of voting without influencing the voter.

(3) In case a candidate has fallen out after the completion of the ballot-papers, the polling station committees must inform voters thereon by way of an announcement in the polling-place, and must do so orally, if necessary. Names of fallen candidates shall be crossed out on the ballot-papers.

(4) Voters shall certify obtaining a ballot-paper by signing the register of voters. Two members of the polling station committees shall sign the register for illiterate voters who are not capable of writing. This fact must be mentioned on the register.

§ 68. (1) Polling-booths shall be placed at the disposal of voters to fill in the ballot-paper. Voters are not obligated to use polling-booths.

(2) Only the voter may be in the polling-booth while filling out 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, for lack of this, two members of the polling station committee.

§ 69. (1) Voting is only valid for candidates, lists or referendum questions (in this chapter referred to as 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) The validity of a vote is not affected by the fact that any note is on the ballot-paper, that the order of candidates has been modified, or that the names of candidates are erased or added in the case of compliance with other conditions.

§ 70. (1) Voters shall put the ballot-paper into an envelope and place it in the ballot-box in the presence of the polling station committee.

(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 polling station committee. The polling station committee shall then take back the ballot-paper with the fault and record this fact in the official report. The polling station committee may only grant a new ballot-paper in exchange for a spoiled ballot-paper once per person.

§ 71. (1) The president of the polling station committee shall close the polling-place at 19 o'clock. Voters who are at this time in the polling-place or in the lobby thereof may vote. After this, the polling station committees shall close voting.

(2) After closing the voting, no vote may be accepted.

CHAPTER IX.
SUMMATION OF VOTES

Counting of Votes

§ 72. (1) The members present of the polling station committees are bound to count together all ballot-papers.

(2) First, the polling station committees shall include unused and spoiled ballot-papers in separate batches and close batches in such a manner that ballot-papers may not be added or removed without hurting the seal.

(3) Before opening a ballot-box, the polling station committees shall check to see that it is intact. They must 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 the election, the polling station committees shall count the ballot-papers in the ballot-box and ignore the empty envelopes dropped into the ballot-box.

(4) After this, the polling station committee shall place all 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 polling station committee shall sign it. They shall include void ballot-papers in a separate batch and close this batch in a manner so that no ballot-paper may be added to or removed from the batch without hurting the seal. The serial number of the polling station and the number of ballot-papers in the batch are to be written on the batch.

(5) In the event that the polling station committee 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 the number of illegal votes.

(6) Valid ballot-papers are to be counted separately by candidates, then batches shall be created according to paragraph (4). The number of valid votes shall be written on the batches, which are separated into candidates.

(7) In the event that the difference between the numbers of votes received by the two candidates receiving the most votes is less than one percent of all the valid votes for all candidates, or that the difference between votes for them is less than the number of invalid votes, then the polling station committee is bound to re-count the valid and invalid votes. Repeated counting shall be continued until its results are identical with the results of a previous count. This result and the fact of repeated counting is to be recorded in the official report.

Determination of Results

§ 73. (1) After counting the votes, the polling station committees shall determine the election results in the polling station.

(2) The responsible electoral committees shall summarise the votes and determine the election results based on the official reports of the polling station committees no later than on the day after election day.

Official Reports

§ 74. (1) An official report is to be made on the counting of the votes, the determination of the polling station and the election results. Official reports may not be made in pencil.

(2) Official reports signed by members present of the electoral committees are to be made in three copies.

(3) One copy of the official report shall be given, upon request, to the representatives present of candidates by the electoral committee. After making copies, the presidents of the electoral committees shall authenticate the copies by sealing and signing them.

§ 75. (1) The polling station committees shall, with no delay, take official reports, election documents, prints and ballot-papers along with ballot-boxes to the local electoral offices.

(2) One copy of the official reports shall be available for viewing in the 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 such a manner that they may not become available to unauthorised persons. In the case of a complaint related to the 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 the official reports.

(4) The first copy of official reports are to be handed over to the archives after 90 days.

Data Sheet

§ 76. (1) Keepers of the official reports of the polling station committees shall with no delay make a data sheet on the results of the first counting of the votes and forward these results promptly to the National Electoral Office through local electoral offices, parliamentary single-member constituency electoral offices and regional electoral offices.

(2) Informational data containing not authenticated election results shall be published by the electoral offices.

CHAPTER X.
LEGAL REMEDIES

General Rules of Legal Remedies

§ 77. (1) Candidates, nominating organisations, citizens and legal personalities concerned may submit a complaint claiming violation of electoral laws.

(2) Objections may be submitted against judgements determining complaints and other decisions of electoral committees.

(3) Complaints and objections against decisions of the polling station committees are to be submitted to the electoral committee which has a right to judge them. Other objections are to be submitted to the electoral committee making the decision that is being objected. The electoral committee shall, in turn, submit the objections along with the documents to the electoral committee or court having a right to judge them no later than the day after obtaining them.

§ 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 that is being objected. Electoral committees and courts judging objections shall make a decision on objections submitted within three days after obtaining them.

(2) Objections shall contain indications of proof for violation of law as well as the mailing address of the person submitting the objection. Incomplete objections are to be refused without an examination.

(3) Persons submitting objections may be interrogated by the electoral committees. In this case, personal declaration is to be assured for the party with a contrary interest.

(4) Courts will 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 the electoral committees making the objected decisions and the persons submitting the objections.

§ 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 of it, to be repeated.

(2) The persons concerned and the proper electoral committees are to be informed on the decisions of the electoral committees and courts on the day of the decision-making. No further legal remedy shall be requested against the decision of the courts.

§ 80. (1) The proper local or regional electoral committees shall make decisions on objections submitted against decisions [items a) and b) of paragraph (2) of § 30.] within the scope of the vote counting boards. Capital or county courts shall make decisions on objections against the decisions of electoral committees.

(2) The proper regional 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 regional electoral committees.

(3) The National Electoral Committee shall make decisions on objections submitted against decisions of regional 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.

§ 81. The general rules of legal remedies are to be applied for legal remedy procedures against the composition of registers of voters and decisions determining results of electoral committees, with the exceptions included in § 82-85.

Legal Remedies Related to Compositions of Registers of Voters

§ 82. (1) Objections due to being left out from, or taken into, registers of voters may be submitted during the period in which the registers are 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 the heads of the local electoral offices, who shall then make a decision thereon within three days. The refusal of the objection may be attacked by voters within three days after being informed of the decision by submitting an objection to the proper local court or in Budapest to the Central Municipality Court of Pest. Courts shall act as ordinary judges.

(3) In case a court finds an objection reasonable, it shall order modification of the register of voters. In a contrary case, it shall refuse the objection.

§ 83. The body concerned and the person having submitted an objection are to be informed on the decisions of the head of the local election office and of the court. 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

§ 84. Objections against decisions [paragraph (1) of § 73.] determining the results of the polling station committees in polling stations are valid only together with objections against decisions determining the election results of the electoral committees.

§ 85. (1) Objections may be submitted against decisions [paragraph (2) of § 73.] determining election results of electoral committees claiming

a) violation of the law of decisions determining results of the polling station committees in polling stations, or

b) violation of the rules related to the summation of the results in polling stations and determination of the election results

in a manner that they arrive at the electoral committee making the decision objected no 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 no later than the day following their reception. Objections against decisions of the electoral committees are to be submitted in a manner that they may arrive at the electoral committee making the decision objected no later than the day following the decision of the electoral committee. Courts shall make decisions on objections no later than the day after obtaining them.

PART II.
SPECIAL PROVISIONS

CHAPTER XI.
ELECTION OF MEMBERS OF PARLIAMENT

§ 86. Provisions of chapters I-X. are to be applied for election of members of parliament with the differences included in this chapter.

Publicity of Electoral Procedure

§ 87. (1) Proper electoral committees shall inform voters on second electoral rounds by way of electoral notifications or bill.

(2) The National Electoral Committee shall publish election results by way of the press.

(3) The National Electoral Committee shall publish final election results summarised nationally in Magyar Közlöny.

Constituencies and Polling Stations

§ 88. Principles of forming constituencies are the following:

a) single-member constituencies are within the boundaries of the capital or counties,

b) entire area of settlement municipalities are within single-member constituencies; in the capital, single-member constituencies may include the area of two or more capital district municipalities; capital districts and cities having county rights may be divided into two or more single-member constituencies,

c) seats of single-member constituencies shall be in cities if possible,

d) cities may form a common constituency with their agglomerations,

e) district constituencies are identical with the area of the capital or counties.

Maintenance of Registers of Right to Vote

§ 89. (1) Voters away from their domiciles on election day may request the head of the electoral office of the place he or she is staying on election day or the polling station committee thereof on election day to take him or her into the register of voters by submitting a certificate obtained from the head of the proper electoral office of his or her address. Voters may vote at settlements they are staying at based on these certificates.

(2) Upon issuing a certificate the head of the proper electoral office according to address shall erase the voter from the register of voters. The settlement where the voter intends to vote shall be indicated in the certificate and it shall be included in the register of voters. Voters or persons charged for this based on an authorisation shall acknowledge obtaining the certificate by a signature.

(3) The head of the proper local electoral office of the given place or the polling station committee shall take the voter in a separate register based on the certificate and a certificate certifying personal identity and address. This certificate and the separate register must be guarded among the election documents.

(4) Certificates may not be issued later than the second day before the first electoral round. Certificates may be requested personally or by way of an authorised person. Certificates may also be requested by a registered letter provided that it may arrive at the proper local electoral office not later than the 5th day before the first electoral round. The settlement where the voter intends to vote must be indicated in the letter. The certificate requested in a letter must be sent to the voter to the address designed by him or her by a notice of receipt.

(5) In order to obtain a certificate the person requesting is bound to give information on his or her name, personal ID, address, the name of the settlement where he or she intends to stay on election day and whether the certificate is requested for the first, the second or both electoral rounds.

Electoral Authorities

§ 90. (1) The following electoral committees shall operate upon election of members of parliament:

a) polling station committee,

b) at settlements with one polling station local electoral committees carrying out the tasks of a polling station committee,

c) parliamentary single-member constituency electoral committees,

d) regional electoral committees,

e) the National Electoral Committee.

(2) The following electoral offices shall operate upon election of members of parliament:

a) local electoral offices,

b) single- member constituency electoral offices,

c) regional electoral offices,

d) the National Electoral Office.

Election Campaign

§ 91. (1) All organisations nominating candidates for elections shall obtain funding from the central budget in proportion with the number of candidates nominated. Independent candidates shall obtain funding from the central budget identical with that of candidates nominated by organisations. The amount of the financial resources applicable for funding from the central budget shall be determined by the Parliament.

(2) Upon determination of the funding for one candidate number of candidates in single-member constituencies, on regional lists candidates by parties but at most number of candidates identical with number of obtainable seats, on national lists the real number of candidates but at most 58 candidates by parties shall be taken into consideration as a base. Persons nominated in single-member constituencies and lists and regional and national lists shall be taken into consideration based on the number of nominations.

(3) The funding from the central budget applicable for elections shall be granted to nominating organisations in one amount, to independent candidates per person by the Ministry of Finance or a banking institution designed thereby based on the decision of the National Electoral Committee within five days following it.

(4) Funding from the central budget according to paragraph (1) shall only serve for covering material expenditures. Nominating organisations and independent candidates are bound to give an account on usage of funding within 30 days after election day at the place of payment.

§ 92. (1) Independent candidates and nominating organisations may spend at most one million HUF per candidate in addition to the funding from the central budget included in § 91. for an election. Number of candidates taken into consideration shall be determined based on paragraph (2) of § 91.

(2) All nominating organisations and independent candidates are bound to publish amounts, sources and manner of usage of state and other financial resources applied for the election in Magyar Közlöny within 60 days after the second electoral round.

(3) The State Audit Office shall check usage of state and other financial resources applied for the election within one year after the second electoral round ex officio in case of nominating organisations and independent candidates having obtained seats, upon request of other candidates or nominating organisations in case of other nominating organisations and independent candidates. Requests for check may be submitted within three months after the second electoral round. Proving proposals shall be included in requests.

(4) Nominating organisations and independent candidates violating the rule included in paragraph (1) are bound to pay twice the value of the excess to the central budget within 15 days and these amounts are to be used for preparing first voters. In case of delay debts are to be recovered as taxes.

§ 93. (1) National public utility program providers shall broadcast political advertisements of nominating organisations with national lists, regional public utility program providers those of nominating organisations with lists in their respective scope of broadcasting, local public utility program providers those of single-member constituency candidates in their respective scope of broadcasting at least once free of charge from the 18th day before election day until the 3rd day before election day.

(2) Program providers designed in paragraph (1) shall broadcast political advertisements produced by nominating organisations and candidates free of charge according to paragraph (1) on the last day of the election campaign.

Proposition

§ 94. Regional lists and candidates listed therein are to be submitted for registration not later than 20 days before election day, national lists and candidates therein not later than 19 days before election day.

§ 95. (1) Joining of lists, serial order of joint lists and serial order of obtaining a seat of candidates listed therein are to be submitted for registration not later than 18 days before election day. Announcements related to joining of lists shall be published by electoral committees.

(2) upon drawing of lots of serial order of lists lots are to be drawn on joint lists together; lists participating in the joining shall obtain consecutive serial numbers according to the submitted serial order according to paragraph (1).

(3) Sharing of surplus votes of common candidates and common regional lists are to be submitted not later than 18 days before election day. Submissions shall be published by electoral committees.

(4) At the same time as nominating common lists it must be submitted which nominating organisation has nominated which candidate.

Voting

§ 96. (1) A separate ballot-paper shall serve for voting for single-member constituency candidates and another one for voting for regional lists.

(2) Ballot-papers of single-member constituencies shall contain officially used family and last names of candidates in an alphabetical order, a differentiating indication according to paragraph (3) of § 52. and names of nominating organisations or fact of independent nomination.

(3) Ballot-papers of regional lists shall contain names of nominating organisations in an order determined by electoral committees by drawing lots. Names of the first five candidates from among candidates in the list and eventual fact of joining lists shall be indicated on ballot-papers in the order submitted by the nominating organisation.

(4) Upon request of nominating organisations abbreviation, print of symbol and badge in black and white must be indicated next to the name of a nominating organisation.

(5) In case of common candidates and common lists names of all nominating organisations are to be indicated on ballot-papers.

Summation of Votes

§ 97. Rules related to counting of votes and making of official reports are to be applied separately regarding single-member constituency and regional list ballot-papers.

§ 98. (1) Polling station official reports are to be forwarded to parliamentary single-member constituency or regional electoral committees.

(2) Parliamentary single-member constituency electoral committees shall summarise votes based on official reports of polling station committees and determine election results in constituencies and record them in an official report. Official reports are to be forwarded to the National Electoral Committee.

(3) The National Electoral Committee shall determine percentage limit and which regional lists shall obtain seats based on official reports of electoral committees following their arrival and with no delay inform thereon regional electoral committees which shall determine election results in regional constituency and record them in official reports.

(4) The National Electoral Committee shall summarise surplus votes for single-member constituency candidates and lists based on official reports of single member constituency electoral committees and regional electoral committees following their arrival and determine which candidates of national lists have obtained seats on this basis.

Legal Remedies

§ 99. (1) Proper single-member constituency or district electoral committees shall make decisions on objections submitted against decisions in the scope of polling station committees [items a) and b) of paragraph (2) of § 30.] including decisions made by local electoral committees according to item l) of paragraph (2) of § 31. Capital or county courts shall make decisions on objections against decisions of electoral committees.

(2) Proper district electoral committees shall make decisions on objections submitted against decisions of single-member constituency electoral committees not in the scope of paragraph (1). Capital or county courts shall make decisions on objections against decisions of district electoral committees.

Appendix 2. of the Act C of the Year 1997.
(Sample ballot-paper of parliamentary single-member constituencies)

Ballot-paper
Election of Member of Parliament

...... (year) .............................. (month) ......................... (day)

....................................... (county)

.......................................... 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, symbol or badge printed in black and white symbol 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 on the ballot-paper.)

Appendix 3. Of the Act C of the Year 1997. 
(Sample ballot-paper of parliamentary regional constituencies.)

Ballot-paper
Election of Members of Parliament

.......(year)..........................(month)..............................(day)

..........................(county/Budapest)

Only one list may be validly voted for!

                         1.                                        2.                                3.

place of party badge place of party badge place of party badge
 
                         O                                        O                                O

(name of nominating organisation) (name of nominating o.) (name of nominating)

(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.) 

                    4.                            5.                           6.                            … X.

place of party badge place of party badge place of party badge
 
                   O                            O                            O

(name of nominating organisation) (name of nominating o.) (name of nominating)

(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.)

List 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 the name of the nominating organisation. In case of common list the name of all nominating organisations must be indicated on the ballot-paper.)

MEASURE 6/2002. (III.11.)
OF THE HEAD OF THE NATIONAL ELECTION OFFICE

on the observation by international observers of the parliamentary elections
on 7th and 21st of April, 2002.

In my authority set forth in paragraph 39 articles (1) of Act, C. of the year 1997 on the election procedure, in order to execute the Government Decree 1002/2002 (I.12.) on the invitation of foreign observers to the parliamentary election of the year 2002 I take the following measure:

1. Hungary, as a country that has signed the 1990 Copenhagen document on the human dimension of the Organisation for Security and Co-operation in Europe (OSCE) undertook liability to invite observers from other member countries and relevant civic organisations for the elections to be held in the country. According to this, during their own work and while giving information to the electoral organs and helping them in their work, all electoral offices should assist the lawful and successful execution of the observation by foreigners.
 
2. During the execution of foreign observation the relevant electoral regulations should be consistently adhered to, which are decisive mainly in three respects:
 
a) The operation and activity of the election committees and the information - with the exceptions laid down in law - available to them are public. The publicity of the election procedure cannot offend the secrecy of the voting nor the rights related to personality and to the protection of personal data. (cp. paragraph 6 article (1) of Act C. of the year 1997).
 
b) Similarly to press representatives the international election observers are allowed to be present at the work of the electoral committees - therefore also at the work of the polling station committees - but they cannot disturb their work (cp. paragraph 7 article (1) of Law C. of the year 1997), and cannot give orders to them.
 
c) The chairman of the polling station committee is responsible for maintaining order in the polling-station and its environment during the polling day. The measures made in order to maintain the order are obligatory for everybody - including the foreign election observers (cp. paragraph 65 article (1) of Law C. of the year 1997).
 
3. For the purposes of the election of the members of parliament those persons are considered as international election observers who have themselves registered as such at the National Electoral Office and, having properly justified their identity and legitimacy, the National Electoral Office has supplied them with accreditation cards. When exercising their activities, the international election observers should put on or show their accreditation card. The accreditation card serves also as an entry permit to the National Election Centre (BM Duna Palota, Budapest, V., Zrínyi u. 5.).
 
4. In order to exercise his/her relevant activity the international election observer in the period before the polling day is allowed

a) to participate on press conferences held for international observers;
 
b) to receive information matters related to Hungary and the Hungarian rules of law in Hungarian and in foreign languages;
 
c) to study electoral information to be found on Internet and other electronic systems;
 
d) on the basis of previous arrangement, to collect information on the electoral preparations at the National Electoral Office and at the electoral offices of the single-member constituencies and the regional (or capital) electoral offices.
 
5. On the polling day the foreign election observer:
 
a) is allowed to observe on site the beginning and the process of the voting at any polling station selected by the observer;
 
b) should announce his/her intention to observe to the chairman of the polling station committee on site;
 
c) is allowed to be given information about all particulars of public interest related to the voting
 
d) is allowed to be present at the counting of the votes and to receive verbal information about the results;
 
e) in the National Election Centre is allowed to follow the arrival and processing of the partial results of the election, for this purpose is allowed to participate in press conferences, to receive preliminary information matters and to follow the development of the election results;
 
6. The day after the election is allowed to participate on the conference where the preliminary and final election results are announced in the National Election Centre and in the Parliament.

7. The participants of the international electoral observation have access to the possibilities of observation listed under clause 5 also during the second electoral turn-round, provided that they announce their intention to do so at accreditation.
 
8. The international election observers are allowed to publish their experience on press conferences organised for them by the National Electoral Office, interviews given to Hungarian and foreign press representatives or in other forms.

9. The heads of the regional (or capital) electoral offices are allowed to receive international observers in their competency in their own authority in line with clause 3, provided that the inviting party is the competent municipality, party or non-governmental organisation. The National Electoral Office should be informed about the fact of the accreditation, so that the Office may register it. The accreditation cards issued for the regional-observers do not entitle the owner to entry the National Electoral Office and also they have only limited validity for a defined area of the country.


Budapest, 11th March 2002.                                  Dr. Irén Sipos