Decree No. 60/2005. (XII. 21.) BM
of the Minister of the Interior
on the execution of the Act No. C of 1997 on the election procedure at the election of Members of Parliament

By virtue of the authority provided by sections a) and c)-f) paragraph (1) article 153 of the act No. C of 1997 on the election procedure (hereinafter: the Act) I order the following:

General provisions

Article 1

(1) This decree determines the responsibilities of the electoral offices and the involved public administration bodies in relation with the preparation and implementation of the election of Members of Parliament.
(2) The members of the electoral office should be prepared for the implementation of their responsibilities. Participation in the preparation process is mandatory.
(3) The electoral offices shall
a) carry out the organization tasks related to the preparation and implementation of the election;
b) provide for the orientation of voters, provide other information, and run the electoral information service;
c) carry out the secretarial tasks of the electoral committees, prepare the matters falling within the competence of the electoral committees for decision making;
d) provide for the material and technical conditions of the functioning of the election committees and of the implementation of the ballot, and organize the training of the members of the electoral bodies;
e) provide for the handling and safeguarding of the electoral documents, their forwarding to the archives and/or for destruction;
f) in order to harmonize the election infrastructure and the preparation of those involved in the election IT service, they carry out the tasks related to administration and IT test runs in line with the instruction of the head of the National Electoral Office (hereinafter: NEO);
g) operate the computer systems needed to the implementation of the elections by providing for compliance with data protection and IT security requirements;
h) by setting up the technical background, they provide support to the summing up of votes and to the conclusion of the election.
(4) The computer system of the election is built up on the fleet run by the Central Data Processing, Registration and Electoral Office of the Ministry of the Interior (hereinafter: the Central Office), the regional electoral offices (hereinafter: REO), the public administration offices and by the office of the notary of municipalities carrying out district centre tasks (hereinafter: the document bureaus); in settlements having no document bureau it is built on the birth, marriage etc. registration system as well as on the computers installed at foreign representations and networked with the IT centre of the Central Office.
(5) The IT tasks should be implemented under the information technological guidance of the Central Office.
(6) The Central Office shall run the electoral IT system with the involvement of the public administration offices.
(7) The head of the local electoral office (hereinafter: LEO) shall decide whether the electoral roll will be compiled locally or with the involvement of another LEO, public administration office or of the Central Office.
(8) The LEOs of all settlements running a document bureau shall perform the data processing tasks set forth in this decree.
(9) The heads of the LEOs of settlements having no document bureau but possessing a computer connected to the IT centre of the Central Office shall use a computer based on the birth etc. registration system for the interim reporting and summing up the number of voters appeared; for the processing, checking and forwarding of datasheets; and for checking the ward records.

Local electoral office

Article 2

Each settlement runs an independent LEO. In settlements belonging to a notarial district, the common LEO performs the related tasks.

Responsibilities of the local electoral office
before the day of the ballot

Article 3

(1) The LEO shall
a) issue an announcement on the time of displaying the electoral roll, and display the electoral roll for public inspection;
b) advise eligible voters on their inclusion in the electoral roll and send out to them the coupons of recommendation;
c) inform voters on their inclusion in the electoral roll of a foreign representation and on other issues related to the ballot at a foreign representation and to voting with special excuse;
d) prepare the election of tellers to the returning board (hereinafter: RB) and their substitutes, and provide for their swearing;
e) publish the names of RB members and of the head of the LEO as well as the address of the LEO in the locally usual way;
f) organize the voting of citizens limited in motion by providing portable ballot boxes;
g) provide for the acceptance of centrally printed forms in the place and at the time determined by the REO;
h) receive the transportation boxes put together centrally by wards, and check their contents, place into them the sealed envelopes containing the password, and provide for their safeguarding until the ballot day;
i) enter the identification code of the ward in the datasheets and records;
j) prepare the printed forms, documents, stamps and other accessories, and hand them over to the chairman of the RB or his deputy against receipt on the day preceding the ballot;
k) inform the RBs on changes taking place after the printing of the ballot papers;
l) provide for the technical facilities required for the ballot and for the outfit of the polling station, and provide - as far as possible - for making the polling stations free from obstacles;
m) perform the tasks related to the electoral information service.
(2) The head of the LEO shall
a) follow the changes in the ward allocations and modify the arrangement of wards accordingly, and provide - with the involvement of the electoral office of the parliamentary individual constituency (hereinafter: PIEO) or of the REO - for the updating of the central ward register;
b) provide for the compilation and continuous keeping of the electoral roll, the preparation of advices on inclusion in the register and of the coupons of recommendation, and for the updating of the list containing the data of citizens of age not eligible to vote;
c) decide applications for inclusion in the electoral roll of foreign representations, inform applicants on his decision, and cancel the voters included in the roll of foreign representations from the local roll;
d) not later than on the day following their reception, he shall decide on complaints against exclusion from or inclusion in the roll of a foreign representation. In case of refusal he/she shall forward the complaint to the court immediately but not later than on the day following their reception;
e) set up datasheets on voters included in the roll of a foreign representation, set up amended datasheets on the changes in voters’ particulars and forwards their contents to the NEO - through the LEO running the document bureau - through the network not later than the 15th day preceding the ballot in Hungary (the first ballot);
f) issue excuses, cancel the voters requesting excuse from the roll, and enter them into the list of voters cancelled from the electoral roll for this reason (the T list);
g) enter voters intending to vote with excuse in the roll, and enter them simultaneously in the list of voters included in the roll on the basis of excuse (the F list);
h) receive announcements concerning the designated members of the RBs;
i) provide for the preparation of members of the RBs and the LEO (incl. the keepers of records working with the RBs);
j) give a copy of the electoral roll displayed in public to the candidates upon the request of the nominating organization, against a fee;
k) close the T lists at 16 o’clock on the second day preceding the ballot and forward them for data processing;
l) close and attest the electoral roll by wards at 16 o’clock on the day preceding the ballot, close the F list, complete the closing sheet and forward all this for data processing;
m) organize the forwarding and processing of interim reports, T and F lists, datasheets and ward records with regard to the provisions of the PIEO and of the head of the REO.

Responsibilities of the local electoral office
on the day of the ballot

Article 4

(1) The keeper of the records acting with the RB shall
a) be involved in the standard furnishing of the polling station;
b) provide for keeping the electoral roll, the list of voters requesting portable ballot box and the F list, and the list of those refused;
c) supply data for the interim information system;
d) forward the records drawn up on extraordinary events taking place during the ballot to the head of the LEO;
e) complete and forward the datasheets and/or their contents, and be involved in drawing up the records;
f) the keeper of the records of the RB designated for counting the votes cast abroad shall not issue datasheets in the second ballot;
g) be involved in the transportation of the records and other electoral documents to the LEO’s headquarters;
h) shall be involved in handing over to the representatives of candidates present on the site the copies of records and of the related resolutions, and of the records drawn up on important events taking place during the ballot as well as on the actions of the chairman of the RB in order to maintain order.
(2) The LEO shall
a) provide for the statutory conditions of the functioning of the RBs and of the ballot;
b) provide for the acceptance, consolidation and forwarding of the information collected from the wards, and for the operation of the technical facilities required for the implementation of these tasks;
c) supply interim reports based on the information received from the wards;
d) receive the datasheets, check them and organize the forwarding of their contents and - if a computer networked with the Central Office is available - make the data input tasks performed;
e) receive and check the ward records;
f) report to the head of the REO through the PIEO the extraordinary events taking place in its territory;
g) be on executive duty until the head of the PIEO orders the contrary.
(3) The head of the LEO shall bring up to full number the RB if it has less members than five.
(4) The LEO running a document bureau shall - besides the activities set forth in paragraphs(1)-(3) - process the ward records.

Responsibilities of the local electoral office
on the day following the ballot

Article 5

(1) The keeper of the records acting with the RB designated for counting the votes cast abroad in the second ballot shall complete the datasheets and be involved in drawing up the records.
(2) The LEO shall
a) provide for the safe storage and forwarding of the records received from the wards and of other electoral documents
b) forward the ward records concerning regional rolls in line with the instructions of the head of the REO;
c) forward the ward records - in line with the instructions of the PIEO and the head of the REO - without delay to the electoral office acting with the electoral committee entitled to establish the conclusion of the ballot;
d) provide for the availability of ward records for inspection;
e) immediately process and/or forward for processing the F lists;
f) based on the list received from the REO, it shall check the data of individuals entered in the electoral roll twice or more, or entered illegally, report the result of the review to the REO, and compare the data repeatedly as required;
g) destroy the electoral documents (except for the records) on the workday following the 90th day after ballot, or following the final closing of the issue in the event of remedy lasting longer.

The electoral office of foreign representations

Responsibilities of the electoral office of foreign representation
in the period preceding the ballot

Article 6

The electoral office of the foreign representation (hereinafter: EOFR) shall
a) assess the possibilities of being connected to the IT system of the Central Office and inform the NEO on this;
b) attend the test runs upon the instruction of the head of the NEO aimed at checking the network connection with the electoral IT system and its safe functioning;
c) provide for the technical facilities needed to print out the ballot papers in A/3 and A/4 formats;
d) supply information concerning the ballot at the foreign representation in the premises of the foreign representation;
e) print and attest the electoral roll of the foreign representation;
f) print the ballot papers (twice as many as the number of voters included in the roll of the foreign representation);
g) register the printed ballot papers;
h) provide for the availability of outer envelopes containing the marking of the constituency;
i) provide for the safeguarding of the ballot papers and other electoral documents;
j) provide for the technical conditions needed to the ballot and to the outfit of the polling station, and for making the polling station free from obstacles - as applicable.

Responsibilities of the electoral office of foreign representation
on the day of the ballot

Article 7

The EOFR shall
a) furnish the polling station in line with standards;
b) hand over the badge to the observer, and inform him/her on his/her rights and obligations;
c) establish the identity of the citizen going to vote and his/her inclusion in the roll of the foreign representation;
d) fill in the ballot declaration and make the voter sign it, then attest it, provide for the sealing of the outer envelope and make the voter sign it on the glue;
e) provide for the handling of the electoral roll of the foreign representation and for keeping a list of those refused;
f) forward the records drawn up on extraordinary events during the ballot to the NEO by telefax without delay, and the complaints presented against the activity of the EOFR;
g) draw up the records on the completion of the ballot and cast into the ballot box the 1st copy of the records, the electoral roll, the list of those refused, the register of the printed ballot papers, the empty and the wrong voting papers (in separate sealed envelopes), and the records drawn up on extraordinary events, then close the ballot box so as nothing can be put into or taken out from it;
h) forward the 2nd copy of the records drawn up on the completion of the ballot to the NEO by telefax.

Responsibilities of the electoral office of foreign representation
after the ballot

Article 8

The EOFR shall provide for the transportation of the sealed ballot box to the NEO.

Electoral office of the parliamentary individual constituency

Article 9

(1) In case of several parliamentary individual constituencies (hereinafter: PIC) belonging to the same settlement (to a district in Budapest), a consolidated electoral office shall carry out the tasks of the PIEO.
(2) The head of the PIEO shall recommend to the head of the REO the document bureaus in the territory of the PIC to process the data of each settlement.

Responsibilities of the electoral office of the parliamentary individual constituency
in the period preceding the day of voting

Article 10

Besides the tasks set forth in article 3, the PIEO shall
a) accept delegations to the electoral committee of the parliamentary individual constituency (hereinafter: PIEC) made by the candidates or by the nominating organizations, publish the names of the members of the PIEC and of the head of the PIEO as well as the address of the PIEC and the PIEO in the locally usual way;
b) support the preparation of the PIEC and provide for the training of the members of the PIEO and the LEOs;
c) accept from the NEO the data of the electoral rolls of foreign representations related to the PIC;
d) provide support to the PIEC in designating the RB to count the votes cast abroad, and enter the outcome of the designation in the election preparation system;
e) carry out the tasks related to the announcement of nominating organizations, the recommendation of candidates, and to the checking of recommendations;
f) carry out the tasks related to the IT recording of nominating organizations and PIC candidates. In the course of this, it shall follow the completeness and accuracy of data included in the registration of organizations and candidates. It shall take the measures to enter missing data in the registers and to correct incorrect data. It also shall direct the attention of the PIEC to the necessity of distinguishing organizations and candidates bearing identical names;
g) present to the PIEC the A/4 draft of the ballot paper of the individual constituency for approving its contents because the ballot papers used in the wards within the country and abroad must not deviate;
h) in agreement with the head of the REO, it shall issue the order for the forwarding and processing of the ward records of the individual constituencies as well as of the T and F lists, and organize the forwarding and processing of the datasheets and the ward records;
i) put at the disposal of the heads of the LEOs the printed copies of the identification and address lists of the wards at least 3 days before the ballot;
j) in the first ballot, it shall organize the delivery and acceptance of the votes cast abroad between the chairman of the NEC or its member designated by the chairman and the chairman of the PIEC or its member designated by the chairman;
k) carry out the data processing tasks.

Responsibilities of the electoral office of the parliamentary individual constituency
on the day of voting

Article 11

Besides the tasks set forth in article 4, the PIEO shall
a) run the system of interim reports;
b) carry out the data processing tasks required by the vote consolidation system;
c) provide for the elimination of disturbances and emergencies hindering the summing up of votes, take actions for the application of substitute solutions prescribed for emergency situation, as needed, and inform the heads of the REO and the LEO on such actions;
d) organize in the second ballot the delivery and acceptance of the ballot box between the chairman of the RB designated for counting the votes cast abroad and the chairman of the PIEC;
e) be on executive duty until the acting on the head of the REO on the contrary.

Responsibilities of the electoral office of the parliamentary individual constituency
after the day of voting

Article 12

Besides the contents of article 5, the PIEO shall
a) check the completion of the processing of the ward records;
b) check item by item the identity of the information in the ward records of the individual constituency and the computer data, as preparation for the decision making of the PIEC, and reports its outcome to the PIEC;
c) receive the F lists compiled on the ballot day and process them;
d) run the IT system on a continuous basis until the instruction of the head of the NEO on the contrary, and carry out the required data processing tasks;
e) in the second ballot it shall
ea) upon the request of the PIEC, participate in the safeguarding of the ballot box of the ward designated for counting the votes cast abroad;
eb) organize the delivery and acceptance of votes cast abroad between the chairman of the NEC or a member of it designated by the chairman and the chairman of the PIEC or a member of it designated by the chairman;
ec) organize the meeting of the PIEC and the RB designated for the counting of votes cast abroad;
ed) present to the PIEC without delay the ward records drawn up by the RB designated for the counting of votes cast abroad, and process such records;
f) prepare the presentation of the credentials for the individual constituencies.

Regional electoral office

Responsibilities of the regional electoral office
in the period preceding the day of voting

Article 13

(1) The REO shall
a) carry out the tasks related to the reporting of the nominating organizations and the regional rolls;
b) carry out the tasks related to the computer registration of the nominating organizations and the regional rolls. In the course of this, it shall follow the completeness and accuracy of data included in the registers of organizations and candidates. Take the necessary actions for entering the missing information and correcting the errors. It also shall direct the attention of the REO to the necessity of distinguishing organizations and candidates bearing identical names.
c) provide for the accessibility of the IT control system of recommendation of candidates in the public administration office;
d) provide continuous access to the preparatory election system and supply data from that as needed;
e) prepare the election of the members and substitutes of the PIEC and the REC; accept delegations to the REC from the nominating organizations, provide for the swearing of the members of the PIEC and the REC; publish in the bulletins of the capital city and the county assembly the names of the members of the PIEC and the REC and of the head of the REO as well as the address of the REC and the REO office;
f) prepare the drawing of the regional lists.
(2) The head of the REO shall
a) initiate the election of the members and substitutes of the PIEC and the REC;
b) check and lead the activity of the PIEOs and the LEOs, organize training, hold meetings, and may give technical instructions to the heads of the PIEOs and the LEOs;
c) present to the REC the draft ballot paper for the regional list (in A/3 format to facilitate processing by the printing plant) for approval if its contents with due regard to the requirement that the ballot papers used in the ward within the country and abroad must not deviate;
d) determine on the basis of the electoral IT system the procedure of the distribution of centrally printed forms and of the production, transportation and acceptance of printed forms made locally;
e) inspect the processing of the cover sheets, take the necessary measures for the entering of information missing from the registration and for the correction of errors;
f) prepare the action plan for extraordinary situations;
g) issue instruction concerning the rules of processing the ward records and of forwarding the regional list ward records;
h) inspect the organization of the forwarding and processing of datasheets and the individual constituency ward records;
i) provide for the recording of applications for judicial revision submitted under the election procedure as well as of complaints and appeals submitted earlier in this context, and of the related decisions made.

Responsibilities of the regional electoral office
on the day of voting

Article 14

(1) The REO shall
a) supervise the use of the system of interim reporting and of the vote consolidation system;
b) provide for the elimination of disturbances and emergency situations hindering the data processing, take action for applying emergency solutions, as necessary, and inform on such actions the head of the NEO;
c) keep the public informed by means of the central information system;
d) be on executive duty until the head of the NEO orders the contrary.
(2) If the number of RB members is less than five, the head of the REO shall provide for the completion of the RB by designating sworn members or substitutes of the RB of another settlement.

Responsibilities of the regional electoral office
following the day of voting

Article 15

The REO shall
a) carry out the required data processing tasks in the continuously functioning IT system in line with the instruction of the head of the NEO;
b) receive the records, check item by item the identity of information in the regional constituency ward records and in the IT system as preparation of the decision making process of the REC, and report the outcome to the REC;
c) forward to the NEO the records establishing the individual and the regional constituency results;
d) prepare the handing over of the regional list credentials;
e) record appeals submitted against the decision establishing the conclusion of the election, the applications for judicial revision as well as the decisions made in this context;
f) receive from the NEO the data file required for identifying voters having voted twice ore more times or illegally, forward this to the LEOs concerned, then receive, process and forward to the NEO the feedbacks from the LEOs;
g) forward to the NEO the ward records for depositing them in the archives.

The National Electoral Office

Article 16

To facilitate the implementation of the tasks of the NEO, the Central Office of the Ministry of the Interior shall run the electoral IT centre.

Responsibilities of the National Electoral Office
in the period preceding the day of voting

Article 17

(1) The Central Office shall supply the information required by the NEO for compiling the electoral rolls.
(2) With the contribution of the Central Office, the NEO shall
a) be involved in the checking of the voting right of the observers at foreign representations;
b) through the LEO running the document bureau, it shall receive from the LEOs via the network the particulars of those included in the roll of the foreign representation, and update the information based on the changes taking place until the closing of the roll of the foreign representation, process them in breakdown by foreign representation and by PIC, and forward them via the network to the EOFR; forward the particulars of voters included in the roll of the foreign representation in breakdown by PIC to the PIEO; elaborate alternative solution for extraordinary events;
c) forward - in electronic format - to the EOFR the names and personal identification codes of registered observers, and send over other electoral documents to the EOFR;
d) carry out the tasks related to the computer registration of nominating organizations and national lists. In the course of this, it shall monitor the completeness and correctness of the information included in the registers of organizations and candidates. It shall take the necessary measures to enter the missing information and to correct the incorrect data. It also shall direct the attention of the NEC to the necessity of distinguishing the nominating organizations bearing identical names;
e) work out and forward to the site of processing the identification codes needed to the electronic processing of the election results;
f) organize the administration and the technical tests;
g) provide for the production and transportation of the individual constituency ballot papers and the regional list ballot papers with due regard to the requirement that the ballot papers used in the wards within the country and abroad must not deviate;
h) provide for the production and transportation of the centrally printed forms needed to the election;
i) carry out the tasks related to the announcement of the nominating organizations and the national lists;
j) provide for the development, installation and operation of the preparatory systems, the information system, and the computer systems for the consolidation of votes, the construction of the remote data processing network, and for the operation of the central consolidation and information systems.
(3) The NEO shall
a) prepare the drawing of the national lists;
b) run the electoral centre in the Duna Palace of the Ministry of the Interior;
c) be on duty in the first ballot during the voting at the foreign representations;
d) in the first ballot, it shall accept via fax the records from the EOFR drawn up on extraordinary events and the complaints received, and the closing records of the ballot;
e) in the first ballot, it shall receive the ballot boxes from the foreign representations and provide for their safeguarding;
f) in the first ballot, it shall organize delivery and acceptance of votes cast abroad between the chairman of the NEC or its member designated by the chairman and the chairman of the PIEC or its member designated by the chairman;
g) provide technical information, prepare guidelines, and hold meetings;
h) publish the names of the members of the NEC, the address of its premises, and the name of the head of the NEO in the Hungarian Gazette;
i) send over to the Ministry of Finance the information needed to the allocation of the budget subvention due to the nominating organizations and to independent candidates.
(4) The head of the NEO shall
a) review the personnel of the EOFR and designate new members or leader if required;
b) issue an order to the EOFRs concerning the tests for checking the establishment of connection with the electoral IT system and its safe functioning;
c) determine the dates, tasks, and participants of the national administration and IT tests.

Responsibilities of the National Electoral Office
on the day of voting

Article 18

The NEO shall
a) run the electoral centre in the Duna Palace of the Ministry of the Interior;
b) receive and consolidate the data of the interim reports and publish them, and run all other IT systems;
c) inform the NEC on extraordinary events taking place in the course of the day;
d) keep the public and the NEC informed on a continuous basis;
e) provide for information sources and broadcasting support to public televisions;
f) be on duty during the voting at foreign representations;
g) in the second ballot, it shall receive from the EOFR the records drawn up on extraordinary events and the complaints received, and the closing records of the ballot.

Responsibilities of the National Electoral Office
after the day of voting

Article 19

(1) The NEO shall
a) run the electoral centre in the Duna Palace of the Ministry of the Interior;
b) check the implementation of tasks set forth in section b) of article 12 and section b) of article 15;
c) in the second ballot, it shall receive the ballot boxes from the foreign representations and provide for their safeguarding until 24.00 o’clock on the 4th day following the voting in Hungary;
d) in the second ballot, it shall organize the delivery and acceptance of votes cast abroad between the chairman of the NEC or its member designated by the chairman and the chairman of the PIEC or its member designated by the chairman;
e) receive the records establishing the ward results;
f) provide information to the NEC for establishing the conclusion of the election and its publication; as preparation of decision making by the NEC, it shall check the identity of the consolidation records and the data of the IT system, and report the result to the NEC;
g) provide for the publication of the national conclusion of the election;
h) prepare the handing over of the national list credentials;
i) through the Central Office, it shall provide for identifying those having voted twice or more, or illegally, and run the system indicating the probability of abuse in the course of the election;
j) forward to the National Audit Office the list of the nominating organizations and the independent candidates as well as the information concerning the amounts of the budget subvention allocated to them and the bank accepting the amounts, and the number of the related bank account;
k) receive the records drawn up by the nominating organizations on the destruction of personal information supplied in the course of the data supply for the purposes of the election campaign;
l) receive the ward records for forwarding to the archives, and organize their handing over to the archives.
(2) The had of the NEO shall
a) give instruction on the completion of the data supply process and the termination of the operation of the IT system;
b) take measure for terminating the REO executive duty.

Mid-term election

Article 20

(1) The provisions of this decree should reasonably be applied to the mid-term election with the deviations set forth in this article.
(2) The following provisions do not apply to the mid-term election:
a) section h) paragraph (1) of article 3;
b) sections d), f) and h)-j) paragraph (2), sections a), b), and g)-i) paragraph (3), and section c) paragraph (4) of article 17;
c) sections a)-e) of article 18; and
d) sections a), b), and e)-k) of paragraph (1), and paragraph (2) of article 19.
(3) If the previous domicile of the citizen was outside the PIC, the head of the LEO functioning in the territory of the PIC should check through the Central Office in his territory the voting right of the citizen having changed domicile after the compilation of the electoral roll.
(4) The head of the NEO shall decide which elements of the national electoral IT system should be used in the mid-term election.
(5) The head of the REO shall decide the frequency and way of the use of the interim report system, and publish the participation figures.

Closing provisions

Article 21

The tasks in relation with the registration of the elective franchise have been established in appendix No.1; the registration of the nominating organizations, the candidates and the lists in appendix No.2; the interim report on the number of citizens appearing to vote and on extraordinary events in appendix No.3; the processing of the datasheets in appendix No.4; the processing of the ward records in appendix No.5; the scope of information serving for preliminary orientation in appendix No.6; and the list and the templates of the printed forms for mandatory use have been specified in appendix No.7 to this decree.

Article 22

(1) This decree shall come into force on the 8th day of its promulgation.
(2) Simultaneously with the coming into force of this decree, the decree No. 65/2004. (X. 29.) BM on the execution of the act No. C of 1997 at MP elections scheduled for dates before 1 January 2006 shall be repealed.

 

Dr. Mónika Lamperth