Act LXIV of 1990
on the Election of the Members and Mayors of Local Governments


CHAPTER I

Suffrage
§ 1 
Suffrage shall be general and equal, voting shall be direct and secret.

§ 2 
(1) Each Hungarian citizen of legal age whose domicile, or, for lack of this, residence is located in Hungary, may be a voter or may be elected at local elections. Suffrage shall be the legal due also of non-Hungarian citizens, pursuant to Hungarian law, of legal age immigrated into Hungary (hereinafter referred to jointly as “voter”).
(2) Anyone
a) who shall be under guardianship limiting or excluding his/her ability to act;
b) who are subject to any judgement at law barring him/her from exercising public affairs;
c) who is serving his/her final sentence of imprisonment;
d) who is spending his/her finally ruled compulsory therapy at an institute
shall have no right of vote.
(3) Voters shall exercise their suffrage on the grounds of their free resolution, except for the provisions set forth in this Act, where they have domicile.
(4) The voter who has the latest until the day prior to the election established a residence beside his/her domicile, may exercise his/her suffrage with a certificate at his/her place of residence.

§ 3 
Anyone who is not Hungarian citizen shall not be elected to be a member of the body of representatives of a local government (hereinafter referred to as “representative”) or mayor.

CHAPTER II

Registration of the voters
§ 4-7

CHAPTER III

Constituencies, electoral districts
§ 8 
Settlements with 10.000 or less inhabitants shall, in a small list system (Article 42), constitute one constituency, in which the number of representatives shall be
a) 3 up to 100 inhabitants;
b) 5 up to 600 inhabitants;
c) 7 up to 1.300 inhabitants;
d) 9 up to 3.000 inhabitants
e) 11 up to 5.000 inhabitants;
f) 13 up to 10.000 inhabitants.


§ 9 
(1) At settlements and districts of the capital with more than 10.000 inhabitants, representatives shall be elected in a mixed election system (Articles 43-45).
(2) The number of single mandate constituencies and seats on compensation lists shall be as follows:
a) 10 constituencies and 7 seats on list up to 25.000 inhabitants;
b) 14 constituencies and 9 seats on list up to 50.000 inhabitants;
c) 15 constituencies and 10 seats on list up to 60.000 inhabitants;
d) 16 constituencies and 11 seats on list up to 70.000 inhabitants.
(3) The number of representatives elected in single mandate constituencies shall be one more for each further 10.000 inhabitants and the number of representatives elected on compensation list shall be one more for each further 15.000 inhabitants.

§ 10

§ 11 
(1) Voters shall elect 66 members of the convention of the capital directly, on list. In this case, Budapest, the capital shall constitute one constituency.
(2) In respect of the election of county conventions, there shall be two constituencies in each county, one for settlements with 10.000 or less inhabitants and one for settlements with more than 10.000 inhabitants.

§ 12

CHAPTER IV

Election bodies
§ 13-22

CHAPTER V

Election campaign
§ 23-24

CHAPTER VI

Proposal
§ 25 
(1)
(2) Voters may propose only one candidate or list for each type of election.
(3) Only in one constituency may a voter accept one proposal for a small list of a settlement, or a single mandate constituency and a compensation list, mayor, furthermore, a county convention and a local government for minorities; in Budapest a voter may accept one proposal for a single mandate constituency, a compensation list for a district of the capital, mayor, a list of the capital, the Mayor of the capital, and a local government for minorities.
(4)

§ 26 
(1) Organisations putting forward a common candidate, list shall be considered one nominating organisation. If several parties, social organisations or organisations for minorities put forward a candidate or field a list jointly, from then on they shall be considered one nominating organisation. Organisations for minorities may not put forward candidates entitled to a preferential mandate together with a party, social organisation.
(2)-(5)

§ 27 
(1) Those who have been proposed by minimum 1% of the voters of the given constituency shall be small list or single mandate constituency candidates. The organisation that has collected the proposals of minimum 0.3% of the voters in the constituency may present a list in the county constituency.
(2) Those who have been proposed for candidate by
a) minimum 3% of the voters of settlements with 10.000 or less inhabitants;
b) 2% of the voters of settlements with 100.000 or less inhabitants, but at least 300 voters;
c) 1% of the voters of settlements with more than 100.000 inhabitants, but at least 2.000 inhabitants
shall be candidates for mayor.
(3) Those who have been proposed by 0.5% of the voters of the capital shall be candidates for the Mayor of the capital.
(4) When applying paragraphs (1)-(3), voters shall be those indicated in the register of the constituency at the time of posting.

§ 28

§ 29 
(1) At settlements with more than 10.000 inhabitants, nominating organisations that have put forward candidates in minimum one fourth of the constituencies (Annex 3) may set up a compensation list. The number of candidates shall include:
a) candidates put forward independently by the given nominating organisation;
b) out of the common candidates, the proportion of candidates falling on the given nominating organisation, who shall be ascertained as common candidates in proportion to the nominating organisations putting forward the candidate. No proportion of candidates shall be generated from common candidates laying the grounds of setting up a common list.
(2) At the election of the members of the metropolitan convention in Budapest, lists may be set up by nominating organisations that have presented a compensation list in minimum six districts of the capital.

§ 30 
(1) The nominating organisations that
a) have put forward a common candidate in at least one fourth of the single mandate constituencies may set up a common compensation list;
b) have set up a compensation list in at least six districts of the capital may present a metropolitan list;
c) have collected common proposals determined in paragraph (1) Article 27 in the county constituency may field a county common list.
(2)-(3)
(4) The right of setting up a list shall not be affected by a single mandate constituency candidate having withdrawn.
(5)

CHAPTER VII

Voting
§ 31-41

CHAPTER VIII

The system of election and ascertaining the result

Small list election
§ 42 
(1) At settlements with 10.000 or less inhabitants representatives shall be elected on small lists. If the number of the candidates running is less than the number of candidates electable pursuant to Article 8, the election may not be held and by-elections shall be called for.
(2) On the ballot paper voters may vote on maximum as many candidates as many members the body of representative shall consist of.
(3)
(4) The candidates that have received the most ballots in terms of the number of electable representatives (Article 8) shall become representatives.
(5) In the event of equality of votes, the candidate who is to obtain a seat shall be selected by a draw out of those who have won an identical number of votes.
(6) If at the election the number of the representatives elected is less than the number determined herein, by-elections shall be called for the vacancies.
(7) If the candidate on the small list has been also elected as mayor, he/she shall be deleted and replaced by the candidate that has won the most votes.
(8)

Mixed election system
§ 43 
(1) In districts of the capital and at settlements with more than 10.000 inhabitants a part of the representatives shall be elected in single mandate constituencies, another part of them shall obtain seats from compensation lists.
(2) Voters may with the independent ballot paper vote on single mandate constituency candidates.

§ 44 
(1) In single mandate constituencies, the candidate that has won the most valid ballots shall be the representative.
(2) If in a single mandate constituency the election cannot be held because there have been no candidates, furthermore, if the most ballots have been gained by two or more candidates with an equal number of ballots, by-elections shall be called for.
(3) Each compensation list shall be given mandates in proportion to the fragmentary votes aggregated from the single mandate constituencies of the settlement. Fragmentary votes shall be votes cast on the candidate of the nominating organisation in a single mandate constituency with which no seat has been obtained. If the nominating organisations of common candidates do not have a common compensation list and the common candidate has not become a representative, then the fragmentary votes shall be divided, in proportion to the number of nominating organisations having put forward the common candidate, among the independent lists of nominating organisations. When dividing fragmentary votes, the full part of the calculated proportion of ballots shall be entered into the independent compensation list. If any of the relevant nominating organisations has no independent compensation list, then the part of the fragmentary ballot falling on such organisation shall be lost.

§ 45 
(1) The list shall, on the grounds of the way of calculation set forth in paragraph (4), be given mandates in proportion to the ballots.
(2) Candidates from the compensation list shall be given mandates in the order of notification. The candidate falling out shall be replaced by the candidate coming next in order. The candidate on the list who has been elected mayor or representative in a single mandate constituency shall be deleted from the list.
(4) The method of calculation shall be as follows:
a) A chart shall be assembled in which a column of figures shall be established under the name of each list. The first figure of the column of figures shall be the number of ballots of the given list divided by 1.5, the following figures shall be one third, fifth, seventh, etc. thereof.
b) Seats may be allocated by using the chart. The largest number occurring in the chart shall be identified, and the list in the column of figures of which it has been found shall be given one seat. After that, the next largest number shall be identified. The list in the column of figures of which it has been found shall be given one seat. This process shall be continued until all of the seats have been allocated. If in the process of searching for the largest number, there are equal largest numbers, then the list that has not obtained any seat; or, the one that has been given less seats; finally, the one that has been given a smaller serial number when selecting lists by a draw, shall be given a seat.
(5) If one compensation list is given more mandates than the number of persons indicated on the list, the mandate shall remain unfulfilled.

CHAPTER IX

The election of the members of the metropolitan convention
§ 46 
(1) The 66 members of the convention of the municipality of Budapest (Article 11) shall be elected by voters directly, on lists.
(2) The metropolitan lists shall be given mandates on the grounds of the method of calculation defined in paragraph (4) Article 45, in proportion to ballots.
(3) Candidates from the lists shall be given seats in the order of notification. A candidate falling out shall be replaced by a candidate coming next in order.
(4) If one list is given more seats than the number of the candidates indicated on the list, the seat shall remain unfulfilled.
(5)
(6) The list where the number of valid ballots cast has not exceeded 4% of all of the valid ballots cast on metropolitan lists shall be given no mandate.

CHAPTER IX/A

The election of the members of county conventions
§ 46/A 
(1) The members of county conventions shall be elected by voters, except for voters of cities having county rights, directly, on lists. Nominating organisations may set up two lists in one county for the election of the members of the county convention: one for settlements with 10.000 or less inhabitants; one for settlements with more than 10.000 inhabitants. Separate ballot papers serve the election of the members of the county convention at settlements with 10.000 or less inhabitants and at settlements with more than 10.000 inhabitants. The number of the members of the county convention shall de defined in Annex 4.
(2) Lists shall be given mandates, separately calculated for settlements with 10.000 or less inhabitants, and settlements with more than 10.000 inhabitants, in proportion to the ballots cast, pursuant to paragraph (4) Article 45.
(3) The list where the number of ballots cast has not exceeded more than 4% of all of the ballots cast in the constituency shall be given no seats. This threshold shall be attained separately in respect of each constituency.

CHAPTER X

The election of the mayor, the Mayor of the capital
§ 47 
(1) The mayor, the Mayor of the capital shall be elected by the voters of settlements directly.
(2)
(3) Any Hungarian citizen who has suffrage and has no function that is incompatible with the mayor’s post may be elected mayor.
(4) The candidate who has received the most ballots shall be the mayor, the Mayor of the capital.
(5) If the election has not been held because there have been no candidates; furthermore, if two or more candidates having won the most ballots have received an equal number of votes, by-elections shall be called for.

CHAPTER IX

The protection of the rights of national and ethnic minorities
§ 48 
(1) With regard to the nomination and election of the members of local governments for minorities, the provisions of the Minorities Rights Law and this Act shall be properly applied with the deviations and amendments set forth in this Chapter.
(2)-(3)

§ 49 
(1) If at small list elections of settlements, on the grounds of the result of voting, none of the candidates that belong to one and the same minority should obtain any seat, the number of ballots that is equal to half of the valid ballots cast on the candidate having obtained a seat with the less ballots shall be ascertained. One candidate for each minority not having won any seat who has attained more than the thus ascertained number of ballots, or, if there are several candidates like this within a minority, then the candidate having attained the most ballots, shall be given a seat. If it has been attained by two or more candidates, with an equal number of ballots, then the mandate shall be decided by selection by a draw, pursuant to paragraph (4) Article 28.
(2) The number of the members of the body of representatives of the settlement determined pursuant to Article 8 shall be increased with the seat obtained the way defined in paragraph (1).

§ 50 
(1) In the mixed election system, each candidate running either as an independent candidate for minorities, or a candidate of a nominating organisation for minorities shall be entered into a separate compensation list for minorities for each minority. Nominating organisations for minorities, or candidates for minorities may also set up a common compensation list.
(2) For submitting a compensation list for minorities, it is not necessary to attain the one-fourth threshold described in Article 29, but no metropolitan list shall be set up on the grounds of a compensation list for minorities.
(3) Candidates for minorities in single mandate constituencies may resign from being candidates on a compensation list for minorities.
(4) Candidates shall be entered into the compensation list for minorities in alphabetic order.
(5) Compensation lists for minorities shall be given mandate pursuant to paragraph (4) Article 45. Out of the candidates running on the list, the one that has won the most ballots in the single mandate constituency shall be the representative. In the event of equality of votes, candidates shall be given mandate pursuant to paragraph (4) Article 28.
(6) If due to the result of voting the compensation list for minorities should not obtain any seat,
a) the smallest number with which it is still possible to obtain a seat [paragraph (4) Article 45] shall be identified and the one fourth of this number shall be ascertained;
b) the compensation list for minorities that has received more ballots than the number determined in clause a) shall be given one mandate.
(7) The candidate on a compensation list for minorities who has been elected representative in a single mandate constituency shall be deleted from the list, and shall be replaced by the candidate having won the most ballots coming next in order.
(8) The number of the members of the body of representatives of the settlement determined pursuant to Article 9 shall be increased with the seat obtained the way defined in paragraph (6).

§ 50/A 
(1) 
(2) The election of local governments for minorities shall be called for when requested by minimum 5 voters who declare themselves to belong to one and the same minority and have a domicile in the settlement.
(3)
(4) One minority may establish only one local government for minorities in the given settlement.
(5) The election may be held when there are at least as many candidates as many electable representatives for minorities are required.

§ 50/B 
(1) Persons who have been proposed for candidate for minorities, pursuant to the general rules of nomination, by at least five of the voters of the constituency shall be candidates for representative of the local government for minorities.
(2) Any voter that assumes the representation of a minority determined under the Minorities Rights Law may be nominated for member of the local government for minorities.

§ 50/C 
(1) Any and all of those who are entitled to elect the members of the local government of the settlement may participate in the election of the local government for minorities.
(2) The election of local governments for minorities shall be one round election. The election shall be valid in respect of the local government for minorities on which minimum 50 voters at settlements with 10.000 or less inhabitants, and minimum 100 voters at settlements and in districts of the capital with more than 10.000 inhabitants have voted.

(3) Those who have received the most ballots in terms of the number of electable representatives shall become members of the local government for minorities. On the ballot paper voters may vote on maximum as many candidates as many members the body of representatives shall consist of.
(4) Candidates that have won an equal number of votes shall be given mandate through selection by a draw.
(5) The candidate that has won no ballot may not become a representative.
(6) If voters elect less representatives than the number of the members of the body of representatives of the local government for minorities, the body may operate also with less members until the next election. The number of the members may not be less than three.
(7) If the body of representatives of the local government for minorities has or has been dissolved; or, if the number of representatives becomes less than the number of members necessary for the operation of the body of representatives [paragraph (6)], by-elections shall be held.
(8) If the mandate of a member of a local government for minorities created directly ceases, he/she shall be replaced by the candidate coming next in order in terms of the number of ballots. If there is no such candidate, the mandate shall remain unfulfilled until the next election.
(9) If the number of the members of a local government for minorities created directly becomes less than the number of members set forth in Annex 5, the local government for minorities established in such fashion shall cease.

CHAPTER XII

Redress
§ 51-52

CHAPTER XIII

§ 53 
(1) If the mandate of a representative of a single mandate constituency or of the mayor ceases; furthermore, in the events determined in paragraphs (1) and (6) Article 42, paragraph (2) Article 44 and paragraphs (4)-(5) Article 53, by-elections shall be held.
(2)
(3) If the seat of a representative elected from a small list of a settlement or a small list for minorities has become vacant, he/she shall be replaced by the candidate that has attained the most ballots. If a representative elected from a county, compensation or metropolitan list falls out, he/she shall be replaced by a candidate notified by the nominating organisation from the list originally notified. If the nominating organisation fails to notify the candidate, the vacancy shall be taken by the candidate coming next in order on the list. If there are no more candidates on the small list or the list, then no by-election shall be held, the mandate shall remain unfulfilled until the next election.
(4) If the number of representatives elected on a small list becomes less than the number of members necessary for the operation of the body of representatives, then by-elections shall be called for to fulfil the vacancies.
(5) If the body of representatives of a local government has or has been dissolved, by-elections shall be held.

CHAPTER XIV

Changing the territory of the constituency
and its effect on the legal status of the representative
§ 54

CHAPTER XV

Explanatory and closing provisions
§ 54/A 
In the application of this Act
a) the number of members necessary for the operation of the body of representatives shall be more than fifty percent of the number of the members of the body of representatives electable pursuant to this Act;
b)-c)
d) independent candidate shall be a candidate who is put forward not by a nominating organisation but by a specific number of voters;
e)-j)
k) nominating organisation shall be a party registered pursuant to Act XXXIII of 1989 on the Operation and Financial Functioning of Political Parties; and a social organisation or organisation for minorities registered pursuant to Act II of 1989 on the Right of Association;
l) representative shall be a member of the body of representatives of the local government of a settlement, a member of the county convention, a member of the metropolitan convention, a member of the local government for minorities;
m) candidate for minorities shall be an independent candidate assuming the representation of a national or ethnic minority, or a candidate of the organisation for minorities; 
n) organisation for minorities shall be a social organisation that represents, in accordance with the court registration, a national or ethnic minority; 
o)
p) national and ethnic minority shall be the minorities described under paragraph (1) Article 61 of the Minorities Rights Law; 
r)-t)
u) mayor shall be the mayor of a settlement, the Mayor of Budapest; 
v) settlement shall be a village, town, city having county rights, a district of the capital; 
w)-z)
x) constituency shall be, in respect of the election of the members of county conventions, the settlements with 10.000 or less inhabitants jointly; or, the settlements with more than 10.000 inhabitants, without cities having county rights, jointly; in respect of the election of the Mayor of the capital and the members of the metropolitan convention, the capital; in respect of the election of the mayor, the election of the members of the local government of settlements with less than 10.000 inhabitants, and the election of the members of local governments for minorities, the settlement; in respect of the election of the members of the local governments of settlements with more than 10.000 inhabitants in single mandate constituencies, the constituency established for this purpose. 

§ 55 
The election shall be called for in such fashion that the day of voting should not coincide with a national holiday, or the day either preceding or following it.

§ 56

§ 57 The Annexes attached to this Act shall ascertain.
a)-b)
d) the number of candidates in single mandate constituencies necessary for setting up a list;
e) the number of representatives that may be elected into county conventions;
f) the number of representatives for minorities of local governments of settlements necessary for establishing an indirectly created local government for minorities.
g) 

§ 58

§ 59 
(1)
(2) For determining the number of the members of the body of representatives of settlement municipalities and local governments for minorities, the number of the population shall be ascertained on the grounds of the data of the local body of the particulars and address registration on the 60th day prior to the day of voting.

§ 60-62

§ 63 
(1) This Act shall come into force on the day it is proclaimed.
(2) The provisions of Act III of 1983 on the Election of Members of Parliament and Council Members still in force shall become void.

Annex 1 to clause a) Article 57

Annex 2 to clause b) Article 57

Annex 3 to Act LXIV of 1990

The number of nominations in single mandate constituencies
necessary for setting up a list

Over 70.000 inhabitants, the number of representatives elected in single mandate constituencies shall increase with one for each further 10.000 inhabitants, and the number of representatives elected from lists shall increase with one for each further 15.000 inhabitants. When ascertaining the number of the nominations in single mandate constituencies necessary for setting up a list, in the event of fractions, figures shall be always rounded down.

Annex 4 to Act LXIV of 1990
The number of the members of county conventions

Annex 5 to Act LXIV of 1990
The number of the members of local governments of settlements, elected as candidates for one and the same minority, necessary for establishing indirectly created local governments for minorities

                
Over 70.000 inhabitants, the number of representatives elected in single mandate constituencies shall increase with one for each further 10.000 inhabitants, and the number of representatives elected from lists shall increase with one for each further 15.000 inhabitants. When ascertaining the number of representatives for minorities necessary for establishing indirectly created local governments for minorities, in the event of fractions, figures shall be always rounded down.