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 an 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 or in lack of such candidate the next in turn on the list. In case of a common list where parties fail to name their mandate obtaining candidate in time:

a) the next candidate in turn on the common list put foward by the party nominating the failed candidate, and if there is no such one

b) the next candidate in turn on the common list.

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.
Annexes 5 to 17 [to article 52, point e)]