V. RULES OF INCOMPATIBILITY

A part of incompatibility rules pertaining to the elections at settlement, county/metropolitan and local municipalities refer to candidates, most of them, however, shall be applied only when someone is elected representative.

a) The rules of incompatibility regarding candidates are as follows:

- voters may accept only one nomination for each type of election, therefore, for example, if they have collected proposals at several places, or are included both in a minority compensation list and a nominating organisation’s compensation list, they have to declare which nomination they accept (only in one constituency they may accept one nomination on a settlement small list or one in a single mandate constituency and one on a compensation list, one for mayor, furthermore, one for county convention and one for the local government for minorities; in Budapest voters may accept one nomination in a single mandate constituency, one on a compensation list of a district of the capital, one for mayor, one on the metropolitan list, one for Mayor and one for the local government for minorities),

- the civil service, service relation of administrative state secretaries and deputy state secretaries, judges, public prosecutors (secretaries, drafters and investigators of the public prosecutor’s office), independent bailiffs, members of the permanent staff of the armed forces, the police and civil national security services will be suspended during the term of their candidacy for representative.

b) Wider is the range of the mandates that one has to resign only when having been elected representative. Candidates, however, have to assume the obligation to resign once they have been notified by signing a declaration included in the printed form: “I have no office which is incompatible with the …. representative’s mandate, and, in the event I have been elected, I shall resign my office which is incompatible with the …representative’s mandate.” After having been elected, representatives are obliged to report the reason for incompatibility to the mayor, and terminate the status of incompatibility in 30 days.

- The President of the Republic; constitutional court justices; the president, deputy president, executives and comptrollers of the State Audit Office; ombudsmen; the president and members of the Board of Directors of ÁPV Rt. (State Privatisation Company); administrative and deputy state secretaries; judges; public prosecutors and employees of the public prosecutor’s office; bailiffs; notaries public; members of the permanent staff of the armed forces, the police and civil national security services;

- public servants of central state administrative bodies; civil servants of administrative bodies on the territory of competence of which the local government is operated;

- heads, civil servants of metropolitan, county administrative offices, and civil servants of regional, local state administrative bodies whose terms of reference include matters concerning the given local government and whose competence covers the local government;

- clerks (county/capital clerks, district clerks), deputy clerks and civil servants of the office of the body of representatives at the same local government;

- employees of the work organisation of the regional development council having competence in the territory;

- the person who or with whose personal contribution a business organisation is operated and such business organisation fulfils municipality responsibilities on the grounds of contract for work done and materials supplied, agent’s or labour contract concluded with the body of representatives or an organisation of the body of representatives;

- except for membership in a board of trustees, civil servants of the managing body of a public foundation established by the body of representatives;

- the director-general, deputy director-general, manager, deputy manager, member of the board of directors, governing body of a municipality company established by the body of representatives;

- the executive officer, the member of the board of directors, management or governing body of a business organisation operated with the ownership share of the local government, and the executive (director-general) employed by or maintaining another legal relation with the company;

- the director-general, deputy director-general, manager, deputy manager, the member of the board of directors, management, governing body of a business organisation established by a business organisation operated with the ownership share of the body of representatives;

- the executive, the member of the governing body, the managing director of a local and regional program provider, newspaper publishing company, 
or an employee in executive position of these

may not become municipality representative.

Further limitations pertaining to municipality representatives are as follows:

- Municipality representatives may not collect any fee, other emolument, except for refunding of expenses, for their activities performed in public foundations, public-service companies established by the local government;

- Municipality representatives, non-representative members of the committee of the body of representatives may not act as legal representatives and may not provide representation in action, except for statutory representation, against the local government, an institution thereof, or the office of the body of representatives;

- Municipal representatives may not refer to their capacity of municipality representative in professional or business affairs, may not obtain or use confidential information unlawfully by exploiting their municipality representative’s mandate.

The Municipality Law stipulates stricter incompatibility rules pertaining to mayors than those regarding representatives.
Incompatibility rules regarding election committees have been described in the first chapter of this guideline.