I. ELECTION BODIES AT
THE LOCAL ELECTIONS
I.1. The activity of election offices
Election offices functioning at the mayor’s office are bodies fulfilling the state’s responsibilities related to preparing, organising, conducting the elections, providing voters, candidates, nominating organisations with information free of party bias, handling election data, creating technical conditions, checking if statutory conditions are provided and professional rules are complied with.
Accordingly, at the local elections:
1.) at each settlement a local election office (LEO);
2.) in each county a territorial election office (TEO);
3.) on national level the National Election Office (NEO);
4.) and parliamentary single mandate constituency election offices (PSCEO) to fulfil co-ordinating, recording tasks work.
Beside ballot-counting committees, a member of the local election office acts as the keeper of the minutes.
The head of LEO and PSCEO is the settlement clerk, the head of TEO is the county clerk. The head of the NEO is appointed by the Minister of the Interior. The members of the local and territorial election offices are appointed by the head of the office. The members of the offices may be civil servants.
The election offices:
- fulfil organisational tasks related to preparing, conducting the elections;
- contribute to aggregating ballots, ascertaining the results of the election; fulfil tasks of providing information;
- provide material, technical conditions required for the operation of election committees and conducting voting;
- fulfil the secretariat tasks of the election committees;
- prepare affairs subject to the powers of the election committees for decision making;
- arrange for handling and safekeeping of the election documents and delivering them to archives or annihilating them.
Information regarding legal, administration, technical issues connected to the elections can be required from the election office during working hours. Election offices inform inquirers about possibilities of supplying data connected to the elections.
I.1.2. Election Information Service
After the call for individual general elections, the election offices of larger towns operate Election Information Services (hereinafter referred to as “EIS”).
The basic task of EIS is to provide voters, nominating organisations, foreign and domestic inquirers with information regarding legal affairs and other election related issues.
Election Information Services are operated at the mayors’ offices and at the office of the county/metropolitan convention.
Former “Electoral Guidelines” edited by the NEO and the printed matters necessary for notifying candidates are available at the information service of the National Election Office. Data on how to access the information service (address, opening hours, telephone, e-mail) can be found in the annex.
I.1.3. National Election Centre
On 18 October 2002 the National Election Office will open the National Election Centre (NECtr) at the Duna Palace of the Ministry of the Interior. The is where, on the day of voting, and on the days preceding and following it, the National Election Committee (NEC) and the National Election Office will receive the representatives of the international and domestic media, foreign election specialists and internal inquirers (Budapest, V. Zrínyi 5.).
On the terminals providing information, the development of the turnout (updated six times a day), the data of candidates, nominating organisations can be inspected.
I.2. The activity of election committees
Election committees are voters’ independent bodies subject solely to the law whose key responsibility is to ascertain the results of the elections, ensuring the cleanness, legality of the elections, enforcing impartiality, and, if necessary, restoring the statutory order of the elections.
At the election of municipality representatives and mayors the following committees will be operated:
- at approximately 11,000 electoral districts ballot-counting committees (BCC),
- at each settlement local election committees (LEC),
- in 20 territorial constituencies (19 counties and the capital) the territorial/metropolitan committees (TEC, MEC),
- the National Election Committee (NEC).
Election committees consist of elected members, on the one hand, and members delegated by nominating organisations putting forward candidates and by independent candidates, on the other hand.
The sessions of election committees are public; they may be attended by the representatives of the media and inquirers.
I.2.1. Delegating members of election committees
In addition to the elected members, another member is delegated by the nominating organisation putting forward candidates and setting up a list in the constituency and another one by the independent candidate. Organisations entering common candidates or lists may delegate one member jointly into the election committee competent where the candidate or list is entered. Pursuant to this, delegated members may be delegated
- into the BCC by the nominating organisation putting forward a candidate for single mandate representative, candidate for mayor, minority candidate and setting up a county list and by the independent candidate,
- into the LEC by the nominating organisation putting forward an individual candidate, candidate for mayor, minority representative and by the independent representative,
- into the TEC by the nominating organisation setting up a county list in the county.
The composition of the NEC is identical with the composition evolved after the parliamentary elections.
Delegated members act not in the capacity of observers but actively take part in the work of the election committee. It is especially true in the case of ballot-counting committees, in which tasks are allocated among the members by the chairman of the committee. To ensure that they can professionally meet the task allocated to them, the head of the election office is obliged to arrange for their training.
If the delegation of a member of the election committee ceases due to any reason determined under the law, the nominating organisation, the independent candidate or the representative group may delegate a new member to replace him/her.
The delegation of the delegated members of the election committee terminates once the final results of the elections have been published.
I.2.2. Rules of incompatibility pertaining to members of election committees
The President of the Republic, state leaders, leaders of administrative offices, representatives, chairmen of county conventions, mayors, clerks, county/capital clerk, members of election offices, civil servants of administrative bodies operating within the territory of competence of the election committee and candidates running in the constituency may not be members of the election committee.
Persons maintaining family relations with each other may not be members of the election committees that may establish decision-making, decision reviewing relations with each other during the legal redress procedure. Members of the nominating organisation that put forward candidates in the constituency or relatives of candidates running in the constituency may not be elected members of the election committee.
I.2.3. The competence of election committees
The activity of election committees covers the entire election process from collecting proposal coupons to publishing the final results.
The committees check the process of proposing candidates, register individual candidates (LEC) and county lists (TEC). They approve of the data content of the ballot paper of the constituency (LEC, TEC). They decide reserves submitted during the legal redress procedure.
In constituencies ballot-counting committees conduct voting, make sure that the elections are lawfully conducted. They count the ballots, then draw up minutes of the electoral district results of voting. Information on redress shall be posted in the electoral district.
By aggregating the electoral district results ascertained by ballot-counting committees, LEC and TEC ascertain, record in minutes and publish the results of the elections.
Election committees adjudge reserves against the results of the elections.
After the results are ascertained with legal force, election committees issue the letter of appointment to representatives who have obtained a seat. Thus, the LEC to the mayor, the representatives and the members of the local minority municipality, the TEC to the members of the county convention, in the capital to the members of the metropolitan convention and the Mayor.
During the term of their operation, election committees are deemed as authorities, their members as public officials. The committee acts as a body, to make its decisions valid the presence of the majority of the members and the vote of the majority of the members present is required. When an election committee is making decision, abstention from voting is not allowed. The election committee is represented by its chairman.
Except for ballot-counting committees, an election office is operated beside each election committee, which fulfils the organisation, and management tasks related to preparing, conducting the elections and ascertaining the results of the elections. One of the members of the local election office acts as the keeper of the minutes beside the ballot-counting committee.
I.2.4. The National Election Committee
The National Election Committee (NEC) is the election committee of supreme level. It is the guard of the legality and cleanness of the elections.
NEC has an extended scope of authority. To provide a uniform interpretation of rules of law pertaining to the elections and to develop a uniform legal practice, NEC may issue standpoints, which shall be published in the official gazette of the Republic of Hungary “Magyar Közlöny”. NEC registers nominating organisations putting forward candidates and setting up lists in several counties; in the event of violation of law, may annul the results of the elections; decides reserves submitted; ascertains and publishes the nationally aggregated results of the elections; and finally, reports to the Parliament on the elections.