Act C of 1997 on Electoral Procedure (abstract issue)

 

Act C of 1997
on Electoral Procedure

(abstract issue)
 
Pursuant to the Constitution of the Republic of Hungary, suffrage is universal and equal; voting is direct and secret. To ensure that the exercise of the right to vote, the process of elections, referendums and popular initiatives shall be democratic and based on proper guarantees, the Parliament shall make the following law:
 
PART ONE
GENERAL PROVISIONS
CHAPTER I
FUNDAMENTAL RULES
 
The aim of the Act
 
Article 1 The aim of this Act is that voters, candidates and nominating organizations as well as election bodies may exercise their election related rights on the grounds of uniform, clearly arranged and simple rules of procedure, as laid down by law.
 
The scope of legitimate application
 
Article 2 This Act shall be applied with regard to
a) the election of the Members of Parliament;
b) the election of the Members of the European Parliament;
c) the election of the representatives and mayors of local governments
d) the election of minority self-governments;
e) national referendums;
f) local referendums;
g) national popular initiatives;
h) local popular initiatives; and
i) electoral procedures regarding which the law orders that this Act shall be applied to [the provisions set forth in clauses a)-i) shall be referred to jointly as “the election”].
 
The basic principles of electoral procedure
 
Article 3 When applying the rules of electoral procedure, the participants involved in the election shall assert the following basic principles:
a) to safeguard the fairness of elections, to prevent electoral frauds;
b) voluntary participation in the nomination, election campaign, voting;
c) equality of chances among candidates and nominating organizations;
d) exercise of rights in good faith, according to rules;
e) option and impartial adjudging of legal remedy;
f) fast and authentic determination of the results of the elections.
 
General Statutes
 
Article 4 (1) The election shall be called the latest 60 days before the polling day. The election shall be called in such fashion that the polling day should not fall on national holidays or on public holidays, or on the day preceding and following them.
(2) If the election committee or the court have the election repeated, the election committee shall set a date for the repeated election within 30 days from the seventh day after the date of the election caused to be repeated.
(3) The terms determined under this Act shall be terms of preclusion; they expire, in the absence of any statutory provision to the contrary, at 4:00 p.m. on the last day of the term.
(4) The terms defined in days shall be calculated in calendar days.
Article 5 The expenses of implementing the state's responsibilities related to preparing and conducting the elections shall be provided, to the extent defined by the Parliament, from the central budget. With regard to the use of these monetary assets, the State Audit Office shall inform the Parliament.
 
CHAPTER II
THE PUBLICITY OF THE ELECTORAL PROCEDURE
 
Article 6 (1) The operation and activity of election committees as well as the data available to election committees, except for the statutory exception, shall be public. The publicity of the electoral procedure may not infringe the secrecy of the election, personal rights and rights related to the protection of personal data.
(2) The computerised data of the election may be required by anybody under the same conditions, against payment of a fee.
(3) On useful information regarding the election (such as the time and venue of voting, candidates, the posting of the electoral roll, the method of voting, the results of the election) the competent election office shall issue an announcement.
(4) The names of the members of the election committee and the head of the election office, the address of the office of the election bodies shall be published the way it is customary locally; the name of the members of the parliamentary single mandate constituency and the regional election committees in the official journal of the metropolitan, county general assembly, the details of the National Election Committee in the Official Gazette of Hungary (Magyar Közlöny).
(5) The election offices shall arrange for the voters to receive general information about the details of the elections and replies to their questions.
(6) On polling day, prior to the termination of voting, election offices may provide information on the number and proportion of voters.
Article 7 The representatives of the media may be present while the election committees are working but may not disturb their activity.
Article 7/A (1) Each nominating organization putting forward candidates for foreign representations, and each independent candidate may delegate one person to act as observer to each foreign representation.
(2) Only Hungarian citizens having right to vote may be foreign representation observers.
(3) Foreign representation observers shall be notified to the National Election Committee by providing their name and personal identification number until the 16th day before the voting in Hungary. The National Election Committee will check the observer's right to vote, and will register the observer. The National Election Office will send the name and personal identification number of the observer delegated to foreign representation to the head of the election office at the foreign representation.
(4) The observer registered by the National Election Committee may be present while the election office at the foreign representation carries out its work. The observer
a) may follow the work of the election office at the foreign representation, the process of voting with attention,
b) may record their comments in the minutes made out on the closing of voting,
c) may lodge an objection,
d) shall not influence or disturb the voting, or the work of the election office at the foreign representation either actively or through behaviour from which an inference may be drawn,
e) may sign the sealed ballot-box after closing the voting,
f) is obliged to wear a pass in the polling station.
(5) The costs related to the observer's delegation and activity shall be borne by the delegator.
Article 8 (1)
(2) On polling day, public opinion researches may be made subject to the following conditions:
a) the public opinion poll shall be anonymous, and based on voluntary participation;
b) the public opinion researchers may not enter the building where the polling-station is located, may not in any way harass voters, and may ask only those stepping out of the polling station.
 
CHAPTER III
CONSTITUENCIES, ELECTORAL DISTRICTS
 
Article 9 (1) Constituencies shall be established in such fashion that the number of the population per constituency should be approximately the same.
(2) When setting up constituencies, attention should also be paid to nationality, religious, historic, geographic and other characteristics.
Article 10 (1) The number, sequence number and territorial division of electoral districts as well as the address of polling stations shall be determined by the head of the local election office in such fashion that approximately six hundred but maximum one thousand-two hundred voters should fall on each electoral district, and there shall be at least one electoral district in each settlement. In January of each year, the head of the local election office shall review the number, sequence number and territorial division of the electoral districts. The head of the local election office shall normally monitor changes in the setting up of electoral districts, and take the necessary measures.
(2) At settlements with two or more electoral districts, the head of the local election office shall identify an electoral district where voters whose address contain, pursuant to the rules of law on reporting address, only the name of the given settlement will vote, along with those who hold a certificate. If there are two or more constituencies at the settlement, the head of the local election office shall assign the electoral district that falls under the constituency selected by him or her by a draw. The decision concerning the designation of the electoral district must be disclosed on the National Election Committee’s internet homepage, until the fifth day after calling the election and locally in the customary manner.
Article 11 From calling the election to the polling day, the constituency and electoral district boundaries, sequence number, and the name of the settlement, the name of the street, the street-number and the topographical lot number may not be changed.
 
CHAPTER IV
REGISTERING SUFFRAGE
 
The electoral roll
 
Article 12 After having called the election, the head of the local election office shall compile, on the grounds of the data of the particulars and address register and the register of major citizens disfranchised, the electoral roll, and shall continuously bring forward alterations in it.
Article 13 (1) The franchised citizens whose domicile, or for lack of it, residence (hereinafter referred to as “address”) is located in the electoral district shall be entered in the electoral roll.
(2) The electoral roll shall be compiled in such fashion that it should be suitable for identifying the capital, the county, the settlement, and the constituency, the electoral district and the voter. The electoral roll shall contain the voter’s:
a) first name(s) and family name (in the event of women, also the maiden name);
b) personal identification number,
c) address,
d) sequence number in the electoral roll,
e) the date of birth of the voters having identical names and addresses; or, in the event that their date of birth is identical, other natural identification data.
 
Displaying the electoral roll publicly
 
Article 14 (1) The electoral roll shall be publicly displayed 46 days before the polling day for 5 days; and the time thereof shall be announced the way it is customary locally. Voters shall be informed about their having been entered in the electoral roll the latest before the 45th day prior to polling day by sending them an information notice.
(2) The information notice shall contain the voter's first name(s) and family name, address, personal identification number, serial number in the electoral roll, other technical data, the time and venue of voting, as well as other useful information regarding the voting.
(3) The electoral roll publicly displayed shall not contain the personal identification number.
(4) The head of the local election office may commission another local election office, the central body that manages the personal data and address of citizens to produce the electoral roll, the information notices and the endorsement coupons. The head of the local election office shall arrange to deliver the information notice and the endorsement coupons. The head or member of the nominating organization may not be commissioned to deliver the information notice and endorsement coupons.
(5) The delivery of the information notice and the endorsement coupon shall be checked by the head of the local election office.
(6) The voter who has not received the information notice and the endorsement coupons may apply for them at the local election office.
 
The modification of the electoral roll
 
Article 15 (1) The head of the local election office shall retroactively enter the voter in the electoral roll who has
a) been omitted from the electoral roll;
b) acquired right to vote after the electoral roll has been completed, and
c) regained his/her right to vote,
and shall inform the voter about this fact by sending an information notice.
(2) The head of the local election office shall delete those from the electoral roll who have deceased, who have lost their right to vote, or who have been entered in the electoral roll of another electoral district because their address has changed.
(3) The modified electoral roll may be inspected at the mayor's office before the second day prior to polling day.
Article 16 (1) If a voter has changed his or her address after the completion of the electoral roll, the head of the local election office of the new domicile shall, simultaneously with notification, enter him or her in the electoral roll, and inform him or her by handing over an information notice.
(2) The head of the local election office shall immediately inform the head of the local election office of the former domicile to ensure deletion from the electoral roll. The head of the local election office of the former domicile shall ex officio inform the head of the local election office of the new domicile about the fact that the voter
a) was listed in the electoral roll; or
b) was listed in the electoral roll of major citizens disfranchised, and the reason thereof, or
c) has been given a certificate pursuant to Article 89 or 104; or
d) was listed in the electoral roll at foreign representations, or
e) was not listed either in the electoral roll, or in the register of major citizens disfranchised, or in the electoral roll at foreign representations.
(3) In the event provided for under clauses a) and b) of Section (2), the head of the local election office of the former domicile shall delete the citizen from the electoral roll, or from the register of major citizens disfranchised.
(4) In the event provided for under clause b) of Section (2), the head of the local election office of the new domicile shall delete the citizen from the electoral roll, enter him or her in the register of major citizens disfranchised, and inform the citizen about this fact.
(5) In the event provided for under clause c) of Section (2), the head of the local election office of the new domicile shall delete the citizen, and inform the citizen about this fact.
(6) In the event provided for under clause d) of Section (2), the head of the local election office of the previous domicile shall not delete the voter from the electoral roll at foreign representations. The head of the local election office of the new address shall delete the voter from the electoral roll, and shall inform the voter about this and the fact that the electoral roll at foreign representations continues to include them.
(7) In the event set forth in clause e) Section (2) the head of the local election office of the new address shall ascertain if the right to vote holds by confirming data with the central body that manages the citizens’ personal data and address register.
 
The register of major citizens disfranchised
 
Article 17 (1) In order to ascertain the right to vote, the bodies defined under clauses a)-c) shall continuously make alterations in the data pursuant to Section (2) of major citizens disfranchised known to the central body that manages the citizens’ personal data and address register as follows:
a) public guardianship authorities proceeding in cases of guardianship regarding the placement in charge of a guardian limiting or excluding ability to act and the termination of such guardianship;
b) the National Penal Authorities, through the agency registering delinquents, about persons subject to a judgment at law barring them from public affairs;
c) the National Penal Authorities about citizens serving sentence of confinement, and undergoing compulsory therapy at an institution ruled with legal force in criminal procedure.
(2) The information pursuant to Section (1) shall contain the citizen’s:
a) first name(s) and family name (in the event of women, also the maiden name);
b) personal identification number,
c) the reason for, commencement and expected termination of the exclusion from exercising suffrage.
(3) The central that manages the citizens’ personal data and addresses register shall maintain the register of major citizens disfranchised by applying data made available pursuant to Section (1); shall ensure such maintenance with respect to details of particulars and address by regularly taking over data from the personal data and address register.
(4) If a citizen has regained his or her suffrage, or is no longer subject to the particulars and address register, his or her data shall be de deleted from the register. The data of citizens deleted from the register of major citizens disfranchised shall be retained for six months.
Article 18 (1) The register of major citizens disfranchised shall be handled by the agency maintaining it separately from its other records, except for the register, and may be used for no other purpose than ascertaining suffrage; data taken from it may not be disclosed for any other purpose.
(2) The central that manages the citizens’ personal data and address register may supply data from the register of major citizens disfranchised to election committees, election offices and the court, and, in the proceeding of electing lay assessors, to mayors to ensure the conducting of elections, and the authentication of the data of those signing the initiative of referendums and popular initiatives.
(3) The central body that manages the citizens’ personal data address register shall check the candidates' suffrage on the grounds of the data of the register of major citizens disfranchised and the personal data and address register, and shall immediately advise the relevant election office about lack of suffrage.
(4) The central body that manages the citizens’ personal data and address register may check the suffrage of elected representatives on the grounds of the data of the register of major citizens disfranchised and the personal data and address register, and shall immediately advise the relevant election office about lack of suffrage.
(5) Any citizen of legal age may request of the central that manages the citizens’ personal data and address register to verify that on the grounds of the register of major citizens disfranchised nothing disqualifies them from exercising their right to vote.
Article 19 The register of major citizens disfranchised may be connected to the local, regional or central particulars and address register, covering the population of the constituency involved in the election, from the date of calling the election to the date of publishing the final results of the election, for the purpose of ascertaining suffrage. Such connection shall be immediately terminated after the terms of legal remedy related to the elections have expired.
Article 20 The register of major citizens disfranchised is not public; it may be inspected by no other than the relevant person, the court, the election committee and the members of the election office.
 
Electoral roll at foreign representations
 
Article 20/A (1) Inclusion in the electoral roll at foreign representations may be requested by voters included in the electoral roll of their address personally or through a delegate having an authorisation enshrined in a private deed with conclusive force from the head of the local election office of their domicile before the 16th day prior to polling day in Hungary. Requests for inclusion in the electoral roll at foreign representations may be submitted also by registered mail in such fashion that it shall have been received by the local election office the latest before the 16th day prior to voting in Hungary.
(2) Applications with regard to entering the applicant in the electoral roll at foreign representations shall contain the applicant's:
a) first name and family name,
b) personal identification number,
c) place and date of birth,
d) mother's name,
e) address in Hungary, and
f) the description of the foreign representation where the applicant intends to exercise their right to vote, and
g) the applicant's notify address abroad if they do not request that the decision of the head of the local election office should be sent to their address in Hungary.
(3) Within the time frame defined in Section (1), voters entered in the electoral roll at foreign representations may modify the data set forth in Section (2) f), or request their deletion from the electoral roll at foreign representations and their re-entry in the electoral roll of their address.
Article 20/B (1) On the strength of the application, the head of the local election office will immediately enter the voter in the electoral roll at the foreign representation, simultaneously, delete them from the electoral roll of their address (domicile). The head of the local election office shall immediately inform the applicant that they have been entered in the electoral roll at the foreign representation or that their inclusion in the electoral roll at the foreign representation has been rejected.
(2) The application shall be rejected if it does not contain the data pursuant to Article 20/A (2).
Article 20/C The electoral roll at foreign representations shall contain voters' particulars pursuant to Article 20/A (2) a)-e) and the description of the foreign representation.
Article 20/D (1) The head of the local election office shall send the data of the electoral roll at foreign representations to the National Election Office before the 8th day prior to polling day in Hungary, and the National Election Office will prepare the electoral roll at foreign representations split per foreign representations.
(2) The National Election Office will forward the data of the electoral roll at foreign representations to foreign representations in such fashion that only the election office at the foreign representation could have access to its data. The election office at the foreign representation will print and authenticate the electoral roll at foreign representations. The electoral roll at foreign representations shall not be modified. After closing the electoral roll at the foreign representation the National Election Office shall immediately provide the nominating organizations with information, split per foreign representations, on the number of voters included in the electoral roll at the foreign representation.
 
Legal remedy regarding the compilation of the electoral roll, or the electoral roll at foreign representations
 
Article 20/E (1) Objections because of having been omitted or deleted from or entered in the electoral roll may be lodged during the period the electoral roll is displayed publicly.
(2) Anyone who has been entered in the electoral roll at foreign representations or whose inclusion in the electoral roll at foreign representations has been rejected, may lodge an objection in 2 days from receipt of the notice thereon.
(3) Objections lodged because of omission or deletion from the electoral roll or inclusion in the electoral roll or objections lodged because of inclusion in or rejection of the inclusion in the electoral roll at the foreign representation shall be lodged with the head of the local election office, and will be decided by him/her the latest on the day following the date the objection is received.
(4) If the head of the local election office sustains the objection, he will modify the electoral roll or the electoral roll at foreign representations.
(5) If the head of the local election office does not sustain the objection, he will send the objection to the local court, in Budapest to the Pest Central District Court, the latest on the day following the date it is received. In the judicial proceedings it is not obligatory to provide representation by counsel. The court shall act as a sole judge. The court will decide the objection in 2 days from the receipt thereof.
(6) If the court finds the objection well-founded, it will order the modification of the electoral roll or the electoral roll at foreign representations, failing which it will dismiss the objection.
(7) The decision of the head of the local election office and the order of the court shall be communicated to the person concerned and the person who has lodged the objection; the order of the court shall be communicated also to the head of the local election office.
 
CHAPTER V
ELECTION BODIES
Election committees
 
Article 21 (1) Election committees shall be citizens' independent bodies subject to nothing but the law, whose prime responsibility is to determine the results of the elections, to ensure the fairness of the elections, to enforce impartiality and, when necessary, to restore the legal order of the elections.
(2) Election committees:
a) ballot counting committees;
b) local election committees;
c) parliamentary single mandate constituency election committees;
d) regional election committees;
e) the National Election Committee.
(3) During the term of its operation, an election committee is deemed to be an authority and its members public officials.
(4) The members of the election committee shall be exempted from performing work stipulated by law on the day following voting, and are entitled to receive average wages for this period to be paid by the employer. The employer may apply for reimbursement of the wages the member of the committee is entitled to within five days after the election, from the election office operated beside the election committee, in the event of ballot counting committees, from the local election office.
 
Members of the election committee
 
Article 22 (1) With the exception of Article 24 and 25 as well as Article 27 (3)-(4), only voters having an address in the constituency may be members of the election committee, and only voters having a domicile in the settlement may be members of local election committees.
(2) The President of the Republic, state leaders, heads of administrative offices, representatives, chairmen of county general assemblies, mayors, county/capital-clerks, members of election offices, civil servants of administrative bodies operated on the area of competence of the election committee, or candidates shall not be members of an election committee.
(3) In addition to those stipulated under Section (2), members of organizations nominating candidates in the constituency, and kin of candidates running in the constituency may not be elected members of an election committee.
(4) The election committees that may establish a decision-making, decision reviewing relation with each other in remedial procedure shall not consist of members who are kin.
Article 23 (1) The three members of the ballot counting committee and the necessary alternate members shall be elected by the representative body of the settlement self-government subsequent to calling the general elections of members of parliament, the latest on the 20th day prior to polling day; and the head of the local election office shall submit a motion on their person. At settlements having one constituency, no separate ballot counting committee shall be elected [Article 31 (2) l)].
(2) The three members, or, at settlements having one constituency, the five members of the local election committee and the necessary number of alternate members shall be elected by the representative body of the local government of the settlement subsequent to calling the general elections of the members and mayors of local governments, the latest on the 42nd day prior to polling day; and the head of the local election office shall submit a motion on their person.
(3) The three members and the necessary number of alternate members of the parliamentary single mandate constituency election committees, and the regional election committees shall be elected by the capital city (metropolitan), county general assembly; and the head of the local election office shall submit a motion on their person.
(4) The five members and the necessary alternate members of the National Election Committee shall be elected by the Parliament; and the minister responsible for conducting elections (referred to as henceforth as: minister) shall submit a motion concerning who they should be, taking the parties’ recommendations into consideration.
(5) The elected members of the election committees pursuant to Sections (3) shall be elected subsequent to calling the general elections of Members of Parliament, the latest on the 42nd day prior to polling day.
(6) The elected members of the National Election Committee shall be elected subsequent to calling:
a) the general elections of Members of Parliament,
b) the general elections of Members of the European Parliament and
c) the general elections of mayors and representatives of local self-governments
latest on the 42nd day prior to polling day.
Article 24 If the election of the members of the ballot counting committee or the local election committee, due to the low number of the population or rules of incompatibility, or because the representative body is hindered from acting, does not take place before the end of the term stipulated by law, the members shall be immediately delegated by the regional election committee at the motion of the head of the local election office.
Article 25 (1) One further member, in addition to those referred to in Article 23, of each election committee shall be delegated either by the nominating organization putting forward candidates or setting up a list in the constituency, or by the independent candidate. Regarding the National Election Committee
a) nominating organizations putting forward a national list in case of Article 23 Section (6) clause a),
b) parties possessing a faction in the Parliament, furthermore nominating organizations without such but putting forward a list in case of Article 23 Section (6) clause b),
c) parties possessing a faction in the Parliament, in case of Article 23 Section (6) clause c),
shall delegate one member each.
(2) The delegated members of the election committees shall be notified to the chairman of the election committee, the delegated members of ballot-counting committees to the head of the local election office before the 16th day prior to polling day. The notification shall contain the delegates name, address and personal ID number.
Article 26 (1) The commission of the elected members of the election committee shall last until the statutory meeting of the election committee set up for the next general elections determined under Article 23.
(2) The commission of the delegated member of the election committee shall cease, with the exception of the provisions set forth under Section (3), simultaneously with publishing the results of the election.
(3) The commission of the members delegated into National Election Committee by the parties setting up a representative group at the constituent assembly of the Parliament, pursuant to Article 25, shall last until the date defined in Section (1), or the dissolution of the faction. Each political party which has not delegated any member into the National Election Committee pursuant to Article 25, but has set up a representative group in the Parliament, may delegate one member, whose commission shall last until the date defined in Section (1), or the dissolution of the faction.
(4) The commission of the member of the election committee shall cease, in addition to the provisions set forth under Sections (1)-(3):
a) if the statutory conditions of the commission cease;
b) if the election committee has ascertained the incompatibility of its member;
c) through resignation;
d) by withdrawing the commission.
Article 27 (1) An elected member of the election committee who has died, or whose commission has, for reasons defined under Article 26 (4), terminated, shall be replaced by an alternate member. For lack of an alternate member, the representative body of the settlement self-government, and the metropolitan, county general assembly or the committees designated by them, and, regarding the National Election Committee, the Parliament shall elect a new member.
(2) A delegated member of the election committee who has died, or whose commission has, for reasons defined under Article 26 (4), terminated, may be replaced by the nominating organization, the independent candidate, or the representative group by delegating a new member.
(3) The procedure set forth under Article 24 shall be applied when, due to reasons defined therein, the new member of the ballot counting committee or the local election committee has not been elected.
(4) If, on polling day, the number of the members of the ballot counting committee is less than five, and/or the number of the members of the ballot counting committee appointed to conduct voting with certificate is less than seven, the head of the local election office shall supplement the committee by adding alternate members or members from other ballot counting committees. If it is not possible to supplement the ballot counting committee in such fashion, then the head of the regional election office shall arrange for same by delegating members or alternate members of ballot counting committees of other settlements having taken an oath.
Article 28 (1) The members of the election committee shall take an oath in the presence of the competent mayor, the Mayor of the capital, the chairman of the county general assembly, or the Speaker of Parliament. The text of the oath shall be set forth under Annex 1.
(2) The election committee, once it has elected its members and they have taken an oath, shall hold a statutory meeting. At the statutory meeting, it shall elect its chairman and its deputy from the elected members.
(3) The election committee shall be represented by its chairman. If the election committee has no chairman or the chairman is hindered from acting, the chairman's responsibilities shall be met by its deputy.
(4) The rights and obligations of the elected and commissioned members are identical, with the exception that delegated members are not entitled to receive any fee.
 
The decision of the election committee
 
Article 29 (1) The election committee shall act as a body; for making decisions the presence of the majority of the members and the identical voting of the majority of the members present are required. Voting may be completed by yes or no.
(2) Of the meetings of the election committee minutes shall be made out. In the minutes minority opinions, together with their supporting reasons, shall be also recorded. At their request, one copy of the minutes will be handed over by the election committee free of charge to the representatives of each candidate.
 
Establishing the facts of the case
 
Article 29/A (1) The election committee is obliged to establish the facts of the case necessary for making decision.
(2) In the procedure of the election committee any and all evidences (especially documents, the applicant's statement, the witness's statement, etc.) may be used that are suitable for facilitating the establishment of the facts of the case. Facts officially known to the election committee and facts of public knowledge shall not be proved. The election committee shall assess evidences one by one and on the aggregate, and shall in accordance with their conviction based on that establish the facts of the case.
(3) The election committee shall ensure that the applicant, on request, could make an oral statement. In this case, the adverse party, if it is present, shall be also allowed to make an oral statement.
 
The resolution
 
Article 29/B (1) The election committee shall decide the case by adopting a resolution. The resolution shall be enacted in a written document on the day it has been adopted.
(2) The resolution shall contain
a) the name of the election committee, the number of the resolution,
b) the applicant's name and address (seat),
c) the description of the subject of the case,
d) in the operative clause, the decision of the election committee; information about the option of lodging an appeal (submitting an application for judicial revision),
e) in the reasons, the facts of the case established and the evidences accepted as the bases thereof, the demonstration indicated by the applicant but dispensed with and the reasons for such dispensation, and the specific Sections of rules of law that provide legal ground for the committee to adopt its resolution.
(3) If there is any name, number other item incorrectly written in the resolution, the election committee may, on request or ex officio, correct it. A resolution that contains any calculation error may be corrected only if such correction of the calculation error does not affect the case on the merits.
Communicating the resolution
Article 29/C (1) The resolution shall be directly communicated to the applicant, and to the person on whom the resolution confers rights or imposes obligations subject to their being present or their fax number or electronic e-mail address being available, on the day the resolution is adopted. The resolution may be directly communicated
a) to the persons present by handing over the resolution,
b) by fax,
c) in the form of electronic document (e-mail), or
d) to the delivery agent pursuant to the provisions set forth in clauses a)-c).
The way(s) of directly communicating the resolution shall be defined by the applicant.
(2) The fact and way of communicating the resolution pursuant to Section (1) shall be noted on the instrument, and the document verifying it shall be placed in the file.
(3) If it is not handed over pursuant to Section (1) clause a), the resolution shall be delivered to the persons concerned.
(4) Based on their request the resolution shall be handed over to the delegated members of the election committee free of charge.
(5) Except for personal data, the election committee will publish its resolution.
 
The Ballot Counting Committee
 
Article 30 The ballot counting committee shall consist of minimum five members. The ballot counting committee appointed to conduct voting with certificates shall consist of at least seven members.
 
The Local Election Committee
 
Article 31 (1) The local election committee shall consist of minimum three, or, at settlements having one electoral district, five members.
(2) At settlements having one constituency, the local election committee shall meet the responsibilities of the ballot counting committee.
 
Parliamentary single mandate constituency election committee
 
Article 32 The parliamentary single mandate constituency election committee shall consist of minimum three members.
 
Regional election committee
 
Article 33 The regional election committee shall consist of minimum three members.
 
National Election Committee
 
Article 34 The National Election Committee shall consist of minimum five members.
 
Election offices
 
Article 35 (1) Election offices are bodies fulfilling the state's responsibilities in connection with preparing, organising, conducting the elections, providing voters, candidates and nominating organizations with information free from any party bias, handling electoral data, creating technical conditions, checking compliance with statutory conditions and professional rules.
(2) Except for ballot counting committees, an election office shall operate beside each election committee, and at foreign representations. Beside the ballot counting committee one member of the local election office shall act as the keeper of the minutes.
(3) The head of the local and the parliamentary single mandate constituency election office shall be the competent clerk; the head of the regional election office shall be the county/capital-clerk. The head of the election office at foreign representations shall be delegated by the head of the National Election Office for an indefinite period.
Article 36 (1) The members of the election office shall be delegated by the head of the election office, the head and members of the National Election Office by the minister, the members of election offices at foreign representations by the head of the National Election Office for an indefinite period.
(2) The head of the election office shall take an oath in the presence of the head of the superior election office. The members of the election office and the head of the National Election Office shall take an oath when delegated in the presence of the official delegating them. The text of the oath shall be set forth in Annex 1.
Article 37 (1) Only public officials and civil servants may be delegated to the election office as members. Members of the staff of diplomatic missions and consulates who are Hungarian citizens may be also delegated to election offices at foreign representations as members or head.
(2) Representatives, chairmen of county general assemblies, mayors, members of election committees, persons running as candidates in the constituency and their kin, or members of nominating organizations putting forward candidates in the constituency shall not be members of the election office.
(3) If any reason for exclusion arises against the head of the election office, such head shall immediately make this reason known to the head of the superior election office, the head of the National Election Office to the minister, who shall appoint a new head of the office. The members of the election office shall immediately inform the head of the election office about any reason of exclusion arising against them, who shall recall them.
Article 38 (1) The responsibilities of the election office shall be to:
a) publish an announcement regarding the date of the election, useful information related to the election, nomination, voting, and the number of proposals necessary for valid nomination;
b) publish the names of the candidates, nominating organizations of the constituency, and the fact of nominating independent candidates;
c) publish the name of the members of the election committees and the head of the election office, the address of the office of the election bodies;
d) organise training for the members of election bodies, provide voters with information free from any party bias;
e) operate the information systems of the election;
f) fulfil technical tasks related to checking the proposal of candidates;
g) operate the computer program detecting election frauds;
h) meet other responsibilities defined under the Decree of the Minister.
(2) The election office may within its scope of duty publish public service publications, announcements.
Article 39 (1) The professional activity of election offices shall be controlled by the minister through the head of the National Election Office.
(2) The head of the National Election Office to the heads of other election offices, the head of the regional election office to the head of the parliamentary single mandate constituency and the local election office subject to his or her scope of competence, the head of the parliamentary single mandate constituency election office to the head of the local election office subject to his or her area of competence may give direct instructions with regard to fulfilling the tasks determined under this Act.
(3) The mayor, the representative body, and the general assembly and its official may not give instructions to the head nor to the members of the election office with regard to fulfilling tasks related to preparing and conducting the elections.
 
CHAPTER VI
ELECTION CAMPAIGN
 
Campaign period
 
Article 40 (1) The election campaign shall last from the call for the election to the beginning of polling day.
(2) From 0:00 hours to 19:00 hours on polling day it is prohibited to run any election campaign.
 
Infringement of the campaign silence period
 
Article 41 Any influencing of the will of the voters; so, especially services provided free of charge for voters by the candidate or the nominating organization (organised transportation to the polling station; supplying food and drinks), distributing party badges, flags, party symbols, tokens containing the candidate's photograph or name, placement of election posters (hereinafter referred to as "posters"), providing information in electronic or other form suitable for influencing the voters' will, shall be deemed infringement of the campaign silence period.
 
Posters
 
Article 42 (1) Until the end of the election campaign nominating organizations and candidates may produce posters without permission. Posters shall be considered products of the media, which may be produced without permission or notification. In other respects, the rules of law on the media shall apply.
(2) Posters, except for the cases defined under Sections (3)-(6), may be placed without any limitation.
(3) Posters may not be placed on the wall of buildings, fences unless with the consent of the owner, the tenants, or, in the event of real estates owned by the state or the local government, of the party that exercises trustee's right.
(4) On certain public buildings or on specific parts of public domain, the placement of posters may be prohibited by the local government, in the capital by the self-government of the capital for reasons of protection of monuments and the environment. It is prohibited to place posters on or inside buildings that serve as premises for public or local government authorities.
(5) With regard to the placement of self-standing advertising equipment serving the election campaign the rules on using public domain shall apply.
(6) Posters shall be placed in such fashion that they should not cover the posters of other candidates or nominating organizations, and that they may be removed without causing any damage. Posters shall be removed in 30 days from the polling day by those who have placed them or on behalf of whom they have been placed.
 
Meetings
 
Article 43 (1) Election meetings are public. The organizer of the meeting shall arrange for the maintenance of order.
(2) For the purposes of the election campaign, state and local government budgetary agencies may make premises and other necessary equipment available to the nominating organizations under equal conditions. In buildings serving as premises for state or local government authorities its is prohibited to run any election campaign, hold meetings, except at settlements with less than five hundred inhabitants, provided that no other community building is available for this purpose.
 
Radio and television transmission
 
Article 44 (1) During the campaign period program providers may publish political advertisements under equal conditions for nominating organizations and candidates. No opinion, assessing explanation shall be attached to such political advertisements.
(2) In other respects, regarding broadcasters' participation in the election campaign the provisions of the law on radio and television shall apply.
 
Legal remedy regarding media campaign
 
Article 44/A (1) Objections regarding the participation of the media in the election campaign (so especially with respect to violating the basic principles of the electoral procedure, the publication of political advertisements) will be adjudged
a) regarding periodicals not distributed nationally or local provision of programs, by the competent local election committee of the seat or address of the publisher or the program provider,
b) regarding regional provision of programs, by the competent regional election committee of the seat or address of the program provider,
c) regarding periodicals distributed nationally, news agencies or nationwide provision of programs, by the National Election Committee.
(2) If the election committee sustains the objection, in addition to the legal consequences set forth under Article 78 (1), it may oblige the editorial staff of the periodical, the program provider or news agency to publish its resolution or the operative clause thereof
a) within three days regarding daily newspapers and news agencies,
b) the same way in the next issue regarding periodicals,
c) within three days regarding program providers, in the period of the day and on as many occasions when and as many times the announcement violating the law was broadcast at the same time of the day, as well.
(3) In the objection it is enough to indicate the program item producing the evidence of violation, it shall not be attached; the evidence indicated will be obtained by the election committee ex officio.
 
Supply of data
 
Article 45 (1) The central body that manages the citizens’ personal data and address register shall deliver the first name(s) and family name and address of voters indicated in the electoral roll to the candidates, nominating organizations at their request, for payment of a fee, under equal conditions, after the 20th day prior to polling day. It is possible to apply for such data split per gender, age group or address.
(2) A copy of the electoral roll publicly displayed, split maximum per electoral district, shall be delivered by the head of the local election office to the candidate, the nominating organization on the grounds of a claim reported in writing by the candidate, the nominating organization, against payment of a fee, under equal conditions, after the 20th day prior to the polling day.
(3) The details of the data supplied pursuant to Section (1)-(2) may be used solely for the purposes of the election campaign. It is prohibited to exploit them for any other purpose, or disclose them to unauthorized persons, organizations, other candidates or nominating organizations. The data supplied shall be annihilated on polling day, and the minutes made out thereof shall be submitted to the provider of the data.
(4) For the purposes of the election campaign, apart from the head of the local election office, and the central body that manages the citizens’ personal data and address register, other state or local government bodies shall not disclose personal data from their own registration to candidates, nominating organizations.
 
CHAPTER VII
PROPOSAL
(Recommendation)
 
Article 46 (1) Candidates may be proposed (recommended) on ‘endorsement coupons’ (also known as recommendation slip; proposal coupon). Endorsement coupons shall be forwarded to voters together with the information notices.
(2) Candidates may be proposed by voters whose domicile is located in the constituency.
(3) Candidates may be proposed before the 30th day prior to voting.
(4) Proposals may not be withdrawn.
Article 47 (1) Candidates may be proposed on the endorsement coupon by delivering the coupons filled in to the representative of the candidates, or the nominating organizations.
(2) The endorsement coupons forwarded to voters shall contain the name of the election. The proposing voter shall indicate his or her first name(s) and family name, address, personal identification number; the first name(s) and family name of the person proposed, the name of the nominating organization, or the fact of nominating an independent candidate. The endorsement coupon shall be signed by the voter with his or her own hand.
Article 48 (1) Endorsement coupons may be collected, except for the provisions set forth under Section (2), anywhere without harassing citizens.
(2) Endorsement coupons may not be collected:
a) at places of work during working hours, or while one is fulfilling his or her obligations to perform work arising from employment or other legal relation concerning performance of work;
b) from persons in service relation with the Hungarian Defence Forces and police authorities, at the place of service, or while they fulfil tasks of service;
c) on means of public transport;
d) in the official rooms of state organizations and municipal bodies.
(3) It is prohibited to give advantage or to promise to give advantage to the proposer or with respect to the proposer to another person for the proposal; or to ask for or accept advantage or a promise to give advantage for the proposal.
 
Joint candidate
 
Article 49 (1) Joint candidates may be nominated only on the grounds of endorsement coupons on which all of the nominating organizations putting forward the given joint candidate are indicated.
(2) If several nominating organizations run a candidate jointly, they shall be considered hereinafter, for the purposes of the elections, one nominating organization.
 
Invalid proposals
 
Article 50 (1) Proposals which have been
a) submitted not on official endorsement coupons;
b) submitted not on endorsement coupons filled in pursuant to Article 47 (2);
c) collected by infringing the rules of proposing shall be invalid.
(2) Any and all of the proposals of those who have proposed one and the same candidate more than once shall be invalid.
(3) Any and all of the proposals of those who have proposed more than one candidate shall be invalid.
 
Notification of the nominating organization
 
Article 51 (1) Nominating organizations that intend to put forward candidates or set up lists shall be notified with an extract from the court register of nongovernmental organizations issued after the call for the election:
a) to the National Election Committee if the nominating organization intends to put forward a candidate or set up list in several counties, or both in the area of the capital and in the territory of some county;
b) to the regional election committee if the nominating organization intends to put forward a candidate only in one county, or within the area of the capital but in several parliamentary single mandate constituencies, or at several settlements;
c) to the parliamentary single mandate constituency election committee, or to the local election committee if the nominating organization intends to run a candidate only in one parliamentary single mandate constituency, or only at one settlement.
(2) The National Election Office shall maintain records of the nominating organizations notified or registered.
(3) Candidates or lists may be presented only by nominating organizations notified pursuant to Section (1) and registered in compliance with Article 55.
 
Notification of the candidate
 
Article 52 (1) Candidates shall be notified at the competent election committee the latest on the 23rd day prior to voting by delivering the endorsement coupons.
(2) The notification shall contain the candidate's first name(s) and family name, personal identification number, address, and a declaration that he or she
a) has right to vote;
b) has accepted the nomination;
c) has no such function that is incompatible with the representative's or mayor's mandate, or that, in the event of being elected, he or she will resign it.
(3) If in the constituency two or more voters with identical first name(s) and family name intend to stand as candidates, the person notified later is obliged to arrange that he or she could be differentiated, by indicating a letter mark or second first name, from the candidate that had the completed the notification earlier.
 
Notification of the list
 
Article 53 (1) Lists shall be notified by delivering the certificate made out pursuant to Article 55 (1) which certifies the notification or registration of the necessary number of candidates required for setting up a list, or of the list.
(2) The provisions set forth under Article 52 (2) shall be applied also with respect to the candidates indicated on the list.
(3) Maximum three times as many candidates may be indicated on the list as many mandates can be obtained on the list. The order of the candidates indicated on the list shall be determined by the nominating organization, which may not be altered after the list has been notified. If any of the candidates have been dropped from the list, he or she shall be replaced with the candidate coming next on the list.
 
Checking proposals
 
Article 54 (1) The proposals shall be checked by the competent election office.
(2) The checking of the proposals shall be checking proposals numerically and in view of the provisions stipulated under Article 46 (2), and Article 50 (1) a)-b) and (2)-(3), furthermore establishing the identity of the voters delivering the endorsement coupons.
 
Registering the nominating organization, the candidate and the list
 
Article 55 (1) The election office shall issue a certificate on the notification of the nominating organization, the candidate and the list, the election committee shall issue a certificate on their registration.
(2) The competent election committee shall register each nominating organization, candidate and list that have complied with statutory conditions in 2 days from notification.
Article 56 (1) The election committee shall refuse to register the nominating organization that has not complied with statutory conditions.
(2) The election committee shall refuse to register the candidate if the nomination has not complied with statutory conditions, or the candidate has not made the statements prescribed by law.
(3) The election committee shall refuse to register the list, if the nomination has not complied with statutory conditions.
 
Provisions regarding the candidate
 
Article 57 If a voter has been proposed for candidate on several places within a single type of nomination, then he or she shall state the latest on the 26th day prior to the election which nomination he or she accepts.
Article 58 The candidate shall be dropped if he or she has either renounced nomination in writing before the commencement of voting, or lost his or her suffrage, or died. The name of the dropped candidate shall be deleted from the register of candidates and the ballot-papers.
 
Protection of data related to proposals
 
Article 59 (1) It is prohibited to make copies of the endorsement coupons. The technical records maintained in order to ascertain the validity of the nomination shall not be considered such copy.
(2) The data of the proposal regarding the proposing person shall not be public. In the event of any objection, the data of the endorsement coupon and the technical records may be checked by the competent election committee, the election office and the court.
(3) The endorsement coupons and the technical records shall be annihilated by the competent election office on the day of the election.
(4) The nominating organization's entitlement to nominate may be checked by the election committee in the records of social organizations registered by the court.
Article 60 The candidate shall annihilate the endorsement coupons not submitted, in three days from the expiry of the term available for submitting them, and shall draft minutes about such action. The minutes shall be delivered to the election committee in three days.
 
CHAPTER VIII
VOTING
Time, date and venue of voting
Article 61 (1) Votes can be cast from 6:00 a.m. to 7:00 p.m. on the polling day. If the local circumstances justify it, the local election committee, or the parliamentary single mandate constituency election committee may order that the voting shall start at 5 o'clock.
(2) Votes may be cast only personally and, with the exceptions referred to in law, only at the polling station designated in accordance with the voter's domicile.
(3) In order to make it possible for them to vote, voters hindered from movement, shall be, at their request, visited by at least two members of the ballot counting committee, within the ballot counting committee’s jurisdiction, with a mobile ballot-box, and in case they wish to vote with a certificate, enter them in the register. Voters can request a mobile ballot-box from the head of the local election office in writing, moreover from the ballot-counting committee on the day of voting. The ballot counting committee according to the voter’s place of residence shall have competence for conducting mobile ballot-box voting, and the ballot counting committee appointed under Article 10. (2) in the case of voters who vote with a certificate – with jurisdiction extending to the entire settlement. The ballot counting committee appointed under Article 10. (2) shall verify the inclusion of a voter whose mobility is restricted and who votes with a certificate in the electoral roll subsequently.
(4) During voting the polling station shall not be closed, and voting shall not be extended, or, except for extraordinary circumstances, discontinued. If on polling day the number of the members of the ballot counting committee becomes less than three, or voting has become impossible due to external reasons beyond control, those present are obliged to immediately suspend voting, sequester the ballot-box and the documents, and immediately advise the head of the local election office about the fact of such suspension to ensure the lawful continuation of voting.
Article 62 (1) The polling station may not be located in a building used by the candidate or the nominating organization.
(2) The necessary number of polling booths required for the smooth running of voting but minimum two of them shall be set up in the polling station.
(3) For the purposes of voting, two or more ballot-boxes shall be erected in the polling station.
(4) A properly fixed pen for the ballot-counting committee and the voters shall be placed in the polling station and the polling booths. The members of the ballot-counting committee shall use no other than the pen officially placed in the polling station.
(5) During the time of voting the members of the ballot-counting committee shall not use any tools suitable for data recording or data transmission in the polling station, except for the official election documents and the pen set forth in Section (4).
 
Commencement of voting
 
Article 63 Once the election documents, forms have been placed, apart from the members of the ballot counting committee and the election office, nobody shall stay in the polling station until the commencement of voting.
Article 64 (1) Prior to the commencement of voting, the ballot counting committee shall examine the state of the ballot-box in the presence of the voter who is the first to cast his or her ballot, and who shall not be a member of the ballot counting committee. The result of such examination shall be recorded in the polling minutes.
(2) The ballot-boxes shall be sealed, in the presence of the voter who is the first to cast his or her ballot, in such fashion that no ballot could be removed from them without taking them apart. After that, the ballot counting committee shall place a review sheet, which contain the time and date of placing such review sheet and the signatures of the members of the ballot counting committee present and the citizen who is the first to cast his or her vote, into the ballot-box.
 
The process of voting
 
Article 65 (1) The chairman of the ballot counting committee shall be responsible for the maintenance of order in the polling station and its vicinity on polling day; the measures taken by the chairman to maintain order shall be binding on everybody.
(2) During the term of voting voters may stay in the polling station no longer than required for exercising suffrage.
Article 66 (1) In the polling station only those voters may vote who are included in the electoral roll.
(2) The ballot counting committee shall on the grounds of a certificate suitable for establishing identity and address establish the identity of the person who intends to vote and whether such person is included in the electoral roll.
(3) The ballot counting committee is not allowed to include any voters in the electoral roll. The ballot counting committee appointed to conduct voting with certificates shall include voters who hold a certificate pertaining to the settlement in the electoral roll.
(4) The ballot counting committee may refuse a voter who
a) is unable to appropriately evidence his/her identity and address,
b) does not appear in the electoral roll and
ba) does not hold a certificate,
bb) holds a certificate, but requests inclusion in the electoral roll at a ballot counting committee other than the one designated by means of the certificate.
(5) The ballot counting committee shall keep a register of voters whose inclusion in the electoral roll was refused.
Article 67 (1) If there is nothing to prevent voting, the ballot counting committee shall hand over the ballot-paper to the voter and, in the presence of the voter, affix an official seal to it.
(2) The ballot counting committee shall, when necessary, without influencing the voter, explain the process of voting.
(3) When a candidate is dropped after the ballot-papers have been produced, the ballot counting committee is obliged to inform voters about this fact on a public notice placed in the polling station, and, when necessary, orally. The name of the candidate dropped shall be crossed out on the ballot-paper.
(4) Receipt of the ballot-paper shall be verified by voters by singing the electoral roll with their own hand. On behalf of voters unable to write, two members of the ballot counting committee shall sign the electoral roll, indicating this fact.
Article 68 (1) There are polling booths at the voters' disposal for filling in the ballot-paper. Voters may not be obliged to use the polling booth.
(2) During the time of filling in the ballot-paper, only the voter may stay in the polling booth. Voters who cannot read, or are prevented from voting by other physical handicap or any other cause, may use the assistance of another voter, for lack of same, the joint assistance of two members of the ballot counting committee.
Article 69 (1) Valid votes can be cast only on candidates, lists, referendum questions (in this chapter jointly referred to as “the candidate”) indicated on the official ballot-paper. The samples of ballot-papers are defined under Annexes 2-10.
(2) Votes can be cast on a candidate with two intersecting lines written with pen in the circle under, above or beside the name of the candidate.
(3) The ballot-paper
a) to which no official seal has been affixed;
b) which contains more votes than defined by law shall be invalid.
(4) The vote which
a) has been cast on a ballot-paper deemed invalid pursuant to Section (3);
b) has been cast not in compliance with Section (2);
c) has been cast on a candidate dropped shall be invalid.
(5) It shall not affect the validity of the vote, provided that it complies with other conditions, if any remarks are made on the ballot-paper, the order of the candidates has been changed, the name of the candidate has been crossed out, or, a name has been added.
Article 70 (1) Voters shall put the ballot-paper into an envelope, and, in the presence of the ballot counting committee, cast it into the ballot-box.
(2) If the voter, before placing it in the ballot-box, indicates that he or she has incorrectly filled in the ballot-paper, the ballot counting committee shall withdraw such incorrectly filled in ballot-paper and replace it by issuing a new ballot-paper and record this fact in the minutes. Only once per person may the committee issue a new ballot-paper to replace a ballot-paper incorrectly filled in.
Article 71 (1) The chairman of the ballot counting committee shall close the polling station at 7:00 p.m. The voters who are staying in the polling station or in its entrance-hall may still vote. After that the ballot counting committee shall close voting.
(2) After voting has been closed, no ballots may be accepted.
 
Voting at foreign representations
 
Article 71/A (1) Voting at foreign representations is possible if the host state does not object to it. No voting shall be carried out at those foreign representations, where no voter has been enrolled.
(2) The duties set forth in Article 61-71 as to be carried out by the ballot counting committee will be fulfilled and the disputes arising during voting will be decided by the election office at the foreign representation. Article 61 (3) and (4) shall not be applied.
(3) The image of the ballot-paper will be sent by the National Election Office to election offices at the foreign representations, which produce ballot-papers by printing this image. Election offices at foreign representations will print twice as many ballot-papers as many voters are included in the electoral roll at foreign representations. Election offices at foreign representations will maintain records of the ballot-papers printed.
(4) Voters entered in the electoral roll at foreign representations may vote at the foreign representation, or, if the building of the foreign representation is not suitable for conducting voting, in another room provided by the foreign representation. At the polling station minimum one polling booth shall be set up and one ballot-box shall be erected.
(5) At foreign representations votes may be cast on the polling day in Hungary, between 6 a.m. and 7 p.m. local time. At the foreign representations where the time difference is -1 hour or -2 hours compared to Central European time zone, votes may be cast between 6 a.m. local time and 7 p.m. CET. At foreign representations established on the American continent votes may be cast on the day prior to voting in Hungary, votes may be cast between 6:00 a.m. and 7:00 p.m. local time.
(6) During voting the polling station shall not be closed, and voting shall not be extended, or, except for extraordinary circumstances, discontinued. If on the polling day voting becomes impossible due to an accidental external cause, the persons present shall immediately suspend voting, sequester the ballot-box and the documents, and immediately advise the National Election Committee about the fact of such suspension to ensure the lawful continuation of voting.
Article 71/B (1) The election office at the foreign representation shall, on the grounds of a certificate issued by a Hungarian authority suitable for establishing identity, establish the identity of the citizen who intends to vote, and if they are included in the electoral roll at the foreign representation. Anyone who cannot prove his or her identity as set forth above, or is not included in the electoral roll at the foreign representation shall be rejected.
(2) When handing over the ballot-paper and the envelope to the voter, a member of the election office will fill in a statement on voting, which contains the voter's first name and family name, address, personal identification number. The voter will sign the statement on voting, and a member of the election office will authenticate it.
(3) After having filled it in, the voter will place the ballot-paper into the envelope serving this purpose, and will close the envelope. The voter will hand over the closed envelope and the statement on voting to the member of the election office at the foreign representation, who places them into another (outside) envelope in the presence of the voter, closes it and hands it over to the voter. The voter will sign the outside envelope where it is sealed, and will place it into the ballot-box.
(4) If until an hour before closing voting no voter has voted at the foreign representation, a member of the foreign representation election office may be the first voter.
(5) Voting shall be closed also when all the voters registered at the foreign representation have cast their vote.
 
Forwarding ballots cast at foreign representations
 
Article 71/C (1) After closing the voting, the election office at the foreign representation will place the electoral roll, the register of rejected citizens, the minutes made out on extraordinary events, the records made of printed ballot-papers, unused and spoiled ballot papers bundled separately, and the minutes made out on closing the voting in the ballot-box, without opening it, and will seal the ballot-box in such fashion that no ballot-paper can be either placed into or taken out of it.
(2) The closed ballot-box will be immediately transported by the election office at the foreign representation to the National Election Office until 12 p.m. on the 4th day after the polling day in Hungary.
(3) If the ballot-box fails to arrive at the National Election Office the way determined in Section (1) in closed condition or within the time frame determined in Section (2), the ballots therein shall not be taken into consideration when determining the result, the ballot-box shall be stored without being opened, and both the ballot-box and its contents shall be annihilated after 90 days after the election. Whether the ballot-box is not in closed condition determined in Section (1) will be decided by the National Election Committee.
 
CHAPTER IX
AGGREGATING BALLOTS
Counting ballots
 
Article 72 (1) The members of the ballot counting committee present are obliged to count each ballot-paper jointly.
(2) The ballot counting committee shall first arrange unused and spoiled ballot-papers into separate bundles and seal the bundles in such fashion that no ballot-paper can be either removed or inserted without damaging the seal.
(3) Before opening the ballot-box the ballot counting committee shall check if the ballot-box is undamaged, open the ballot-box and make sure of the existence of the review sheet, then compare the number of the ballot papers in the ballot-box to the number of persons having cast votes in the electoral district, and ignore the empty envelopes cast into the ballot-box.
(4) After that, the ballot counting committee shall arrange the invalid ballot-papers into a separate group and count them up; write the reason for invalidity on the back of the ballot-paper, which must be signed by the members of the ballot counting committee present; arrange invalid ballot-papers into a separate bundle, and seal the bundle in such fashion that no ballot paper can be either removed or inserted without damaging the seal. The serial number of the electoral district and the number of ballot-papers included in the bundle must be written on the bundles.
(5) If the ballot counting committee ascertains that the ballot-box contains a ballot-paper cast by a person not having right to vote in the given electoral district, it shall declare one vote per candidate out of the valid votes cast on candidates invalid in accordance with the number of persons having voted unlawfully.
(6) The valid ballot-papers shall be counted separately for each candidate, and then shall be arranged into bundles in compliance with Section (4). The number of valid ballots separately for each candidate shall be written on the bundle.
(7) Ballots shall be counted at least twice. Repeated ballot counting must continue for as long as its result does not correspond with the outcome of a previous count. This result, and the fact of repeated counting must be recorded in the minutes.
 
Determining the result
 
Article 73 (1) After having counted the ballots, the ballot counting committee shall determine the electoral district result of the election.
(2) Appeals against the decision of the ballot counting committee determining the electoral district results lie only together with an appeal against the decision of the election committee determining the election results.
(3) The competent election committee shall on the grounds of the minutes made by the ballot counting committees aggregate the ballots and determine the result of the election the latest on the day following the polling day.
(4) Appeals may be lodged against the decision of the election committee determining the election results by referring to
a) the unlawful nature of the decision of the ballot counting committee determining the electoral district results, or
b) the violation of the rules of aggregating the electoral district results and determining the election results.
(5) If the appeal lodged pursuant to Section (4) a) can be adjudged only through recounting the ballots, and there is a mathematical possibility that the results will change, the election committee adjudging the appeal, or the court adjudging the application for judicial revision is obliged to recount the ballots. When recounting the ballots the term available for adjudging the appeal or the application for judicial revision will be extended to become twice as long, and the election committee or the court may use the contribution of the members of election committees.
(6) After the ballot counting committee has determined the results of voting in the electoral district, the ballots shall not be recounted unless pursuant to Section (5).
 
Checking voting documents of foreign representations
 
Article 73/A (1) The National Election Committee will examine the documents in the ballot-box arrived from foreign representations and as part of that will check the outside envelope and the statement on voting arrived from the foreign representation - without opening the inside envelope that contains the ballot - on the basis of the data of the electoral roll at foreign representations, in order to ascertain if the ballot has been cast by the person entitled to do so.
(2) The voting documents shall be invalid if
a) the voter is not included in the electoral roll at the foreign representation,
b) the voter has not signed the outside envelope, and the envelope has not been sealed or is damaged,
c) the statement on voting or the inside envelope containing the ballot is missing from the envelope,
d) the inside envelope has not been sealed,
e) the statement does not contain the voter's particulars or signature,
f) the voter's particulars indicated on the statement differ from the particulars indicated in the electoral roll at foreign representations,
g) the statement does not contain the authentication of the election office.
(3) If the voting document is invalid pursuant to Section (2), the reason for this shall be indicated on the outside envelope, and the contents of the outside envelope shall be placed in the outside envelope again, without opening the inside envelope that contains the ballot. These envelopes shall be bundled separately, and shall be stored at a safe place in the election office until they are annihilated.
(4) If the voting document is not invalid pursuant to Section (2), the inside envelope that contains the ballot shall be stored, without opening it, by the election committee until all outside envelopes have been opened. The statement on voting shall be bundled separately.
 
Minutes
 
Article 74 (1) Minutes shall be made on counting up the ballots and determining the electoral district and election results. Minutes may not be drawn up with pencil.
(2) Minutes shall be made in two copies, which must be signed by the members of the ballot counting committee present.
(3) The relevant election committee shall deliver one copy of the minutes together with the resolutions that belong to them to each candidate's representative present, at their request, free of charge. After multiplication, the copy shall be authenticated by the chairman of the election committee by affixing a seal to it and signing it.
Article 75 (1) The ballot counting committee shall immediately transport the minutes, the election documents, forms and ballot-papers, together with the ballot-box, to the local election office.
(2) One copy of the minutes may be inspected at the relevant election office for the duration of three days from the polling day.
(3) The ballot-papers shall be placed at the mayor's office, in the presence of the members of the relevant election committee, and shall be retained for 90 days in such fashion that unauthorized persons could not have access to them. In the event of any objection regarding the results of the election, the relevant ballot-papers shall be retained until the case has been settled with legal force. After 90 days, the election documents, except for the minutes, shall be destroyed.
(4) After 90 days have passed, the first copy of the minutes shall be delivered to the relevant archives.
Data sheet
Article 76 (1) The keeper of the minutes of the ballot counting committee shall immediately make out a data sheet on the results of the counting up of the ballots, and shall forward the data content of them out of turn through the local election office, the parliamentary single mandate constituency election office and the regional election office to the National Election Office.
(2) The election offices shall publish the informative data containing the unauthenticated results of the election.
 
CHAPTER X
LEGAL REMEDIES
 
Objections
 
Article 77 (1) Objections may be lodged by anybody by referring to the infringement of any of the rules of law applying to elections or the basic principles of elections and the electoral procedure (Article 3) (hereinafter jointly referred to as violation). Objections shall be lodged in such fashion that they are received the latest in 2 days from the date of committing the violation found injurious. The election committee shall decide the objection submitted in 2 days from receipt thereof, or, in the event of remittal, from receipt thereof by the election committee entitled to adjudge it.
(2) Objections shall contain
a) the indication of the violation,
b) the evidences of the violation,
c) the name, address (seat) and, if it is different from the address (seat), the postal notify address of the person having submitted the objection,
d) either the fax number or the electronic e-mail address, or the delivery agent's name and fax number or electronic e-mail address of the person submitting the objection within his/her own discretion.
(3) If the election committee deems that the election committee to whom the objection has been submitted to is not entitled to adjudge it, the election committee will refer the case, the latest on the day following the date of the receipt thereof, to the election committee entitled to adjudge it, which is obliged to act in the case.
(4) The election committee may assign its powers pursuant to Section (3) to the chairman of the committee. If the election committee or its chairman does not refer the case to another election committee, the election committee will be obliged to act in the case.
(5) If it fails to arrive on time or contain what is set forth in clauses a)-c) of Section (2), the objection shall be dismissed without examining it on the merits. If the objection is referred to another committee, compliance with submitting the objection within the defined time frame shall be examined regarding the date when it was received by the first election committee.
(6) The objection may be withdrawn until the adoption of the election committee's resolution; however, the election committee may continue the procedure ex officio.
(7) Objections against the activity of election offices at foreign representations will be decided by the National Election Committee. The objection shall be lodged with the head of the election office at the foreign representation, who shall immediately forward it to the National Election Office by fax or in electronic format. The objection may be also submitted directly to the National Election Committee.
Article 78 (1) If the election committee sustains the objection, it will
a) establish the fact of violation,
b) bar the violator from further violation,
c) annul the election procedure or the part thereof affected by the violation, and cause it to be repeated.
(2) It does not exclude the annulment and repeated conduction of voting if the time frame available for submitting appeals pursuant to Article 73 has passed without any result or the remedial proceedings have been closed.
(3) If the election committee does not sustain the objection, it will dismiss it.
 
Appeals
 
Article 79 (1) Appeals against the election committee's resolution of the first instance may be submitted by any voter, candidate, nominating organization or legal person concerned in the case.
(2) The appeal may be lodged
a) by referring to violation of rules of law, or
b) against the election committee's resolution adopted in its discretionary jurisdiction.
(3) No appeal lies against the resolution adopted by the election committee acting as a body of the second instance, and against the resolution of the National Election Committee.
Article 80 (1) The appeal shall be addressed to the election committee having adopted the resolution contested (appeals against the decision of the ballot counting committee to the election committee entitled to adjudge the case).
(2) The appeal shall be submitted in such fashion that it is received by the election committee defined in Section (1) the latest in 2 days from the adoption of the resolution contested.
(3) Appeals against the election committee's decision regarding the approval of the data content of the ballot paper shall be submitted in such fashion that it is received the latest on the day following the decision of the election committee. The election committee adjudging the appeal will decide the case the latest on the day following the submission of the appeal.
(4) The appeal shall contain
a) the grounds of the appeal pursuant to Article 79 (2),
b) the name, address (seat) and, if it is different from the address (seat), the postal notify address of the person having submitted the appeal,
c) either the fax number or the electronic e-mail address, or the delivery agent's name and fax number or electronic e-mail address of the person submitting the appeal within his/her own discretion.
(5) In the appeal new facts or evidences may be also brought up.
(6) The appeal may be withdrawn until the adoption of the election committee's resolution; however, the election committee may continue the procedure ex officio.
(7) The appeal together with all of its documents shall be addressed on the day it is received to the election committee entitled to adjudge it. When submitting the appeal, the election committee acting as a body of first instance may make a statement on its standpoint taken on the appeal.
 
Appellate procedure
 
Article 81 (1) The appeal will be decided by the election committee entitled to adjudge it in 2 days from receipt thereof.
(2) Appeals that fail to arrive on time, or have been submitted not to the election committee defined in Article 81 (1), or fail to contain what is set forth in Article 80 (4) a)-b) shall be dismissed without examining them on the merits. The appeal may not be dismissed if the party entitled submits it within the defined time frame to the election committee entitled to adjudge it.
(3) On the grounds of the appeal, the election committee entitled to adjudge it will examine the resolution found injurious and the procedure preceding it.
(4) The election committee acting as a body of the second instance will
a) will sustain the resolution contested, or
b) will change it.
(5) The resolution adopted in the appellate procedure will be communicated by the election committee having acted as a body of the second instance to the appellant and those to whom the resolution of the first instance has been made known.
(6) The election committee acting as a body of the second instance will return the documents sent in order to adjudge the appeal together with the resolution to the election committee acting as a body of first instance in five days from the adoption of the resolution, or, in the event of submitting a request for judicial revision, from the adjudging thereof.
 
Judicial revision
 
Article 82 (1) Applications for judicial revisions against the election committee's resolution of the second instance, and against the resolution of the National Election Committee may be submitted by any voter, candidate, nominating organization, or legal person concerned in the case.
(2) The application for judicial revision may be submitted
a) by referring to violation of rules of law, or
b) against the election committee's resolution adopted in its discretionary jurisdiction.
(3) Judicial revision shall not be conducted unless the right of appeal in the appellate procedure has been exhausted, or appealing is excluded pursuant to the provisions of this law.
(4) Applications for judicial revision may be withdrawn.
Article 83 (1) Applications for judicial revision shall be addressed to the election committee having adopted the resolution contested.
(2) Applications for judicial revision shall be submitted in such fashion that they are received the latest in 2 days from the adoption of the resolution contested by the election committee defined in Section (1).
(3) Applications for judicial revision against the election committee's decision regarding the approval of the data content of the ballot paper shall be submitted in such fashion that they are received the latest on the day following the date of the election committee's decision. The court adjudging the application for judicial revision will adopt its decision the latest on the day following the day the application for judicial revision is addressed to it.
(4) The application for judicial revision shall contain
a) the indication of the legal grounds pursuant to Article 82 (2),
b) the name, address (seat) and, if it is different from the address (seat), the postal notify address of the person having submitted the application,
c) either the fax number or the electronic e-mail address, or the delivery agent's name and fax number or electronic e-mail address of the person submitting the application within his/her own discretion.
(5) In the application for judicial revision new facts and evidences may be brought up.
(6) The application for judicial revision together with all of its documents will be addressed by the election committee on the day it is received to the court entitled to adjudge it. When submitting the application, the election committee adopting the resolution contested may make a statement on its standpoint taken on the application for judicial revision.
(7) The application for judicial revision will be adjudged by the competent county, metropolitan court of the seat of the election committee adopting the resolution of the second instance. Applications for judicial revision against the resolution of the National Election Committee will be adjudged by the Supreme Court.
 
Judicial revision procedure
 
Article 84 (1) In the judicial revision procedure it is compulsory to provide representation by counsel. Persons having taken special examination in law may act in their own case without representation by counsel.
(2) The court shall decide the application for judicial revision in non-legal proceedings, in a council consisting of three professional judges.
(3) The application for judicial revision will be decided by the court in 2 days from the day it is addressed to it.
(4) Applications for judicial revision that fail to arrive on time, have been submitted not to the election committee defined in Article 83 (1), or fail to contain what is set forth in Article 83 (4) a) and b), shall be dismissed without examining them on the merits
(5) The application may not be dismissed if the appellant has submitted it within the defined time frame to the court entitled to adjudge it. In this case, by directly contacting the head of the regional election office, the court shall immediately arrange for obtaining the documents and allow the election committee to submit its standpoint taken on the application for judicial revision.
(6) On the grounds of the application for judicial revision, the court will examine the resolution found injurious and the procedure preceding it. On the appellant's request, the court ensures that an oral statement could be made. In this case, it shall be made possible also for the adverse party to make an oral statement.
(7) The court
a) will sustain the resolution contested, or
b) will change it.
(8) The decree adopted in the judicial revision will be communicated by the court to the appellant and those to whom the resolution of the second instance has been made known.
(9) Except for personal data, the court will publish its decree.
(10) Against the court's decree no further legal remedy lies.
Article 85 The provisions set forth in this chapter shall be applied to legal remedy regarding the compilation of the electoral roll, the media campaign, and the determination of the results, with deviations set forth in Article 20/E, 44/A and 73.
 
PART TWO
SPECIAL PROVISIONS
 
CHAPTER XI
THE ELECTION OF MEMBERS OF PARLIAMENT
 
Article 86 The provisions of Chapters I-X shall be applied with regard to the election of the Members of Parliament with the deviations set forth under this Chapter.
 
The call for the election
 
Article 86/A (1) The second round of the election of Members of Parliament shall be called, simultaneously with calling the first round, for the 14th day following the first round.
(2) By-elections are called by the National Election Committee.
(3) By-elections shall be called for a date within four months from the date the seat becomes vacant. If the by-election is inconclusive, the next by-election shall be called for a date within four months from the date of the invalid or inconclusive election.
(4) By-elections shall not be called for a date between 1 January and 31 August in the year of general elections.
 
The publicity of the electoral procedure
 
Article 87 (1) About the second round of the election the competent election committee will inform voters through an announcement or an election bill.
(2) The result of the election is published by the National Election Committee through the press.
(3) The final result of the election aggregated nationally is published by the National Election Committee in the Official Gazette of Hungary.
(4) The observer at the foreign representation shall be notified until the 16th day preceding the first round of the election (the polling day in Hungary).
 
Constituencies, electoral districts
 
Article 88 Principles of establishing constituencies:
a) the single mandate constituency shall be within the territory of the capital, county,
b) the entire territory of the settlement self-government shall be within the single mandate constituency; in the capital the single mandate constituency may cover two or more district self-governments of the capital; districts of the capital and cities having county rights may be divided into two or more single mandate constituencies,
c) the seat of the single mandate constituency shall be, preferably, in a town/city,
d) a town/city and its draw area may constitute one constituency,
e) the regional constituency is identical with the territory of the capital or the county.
 
Registration of suffrage
 
Article 89 (1) Voters who are away from their domicile but stay on the territory of Hungar
y on polling day may by presenting a certificate obtained from the head of the local election office of their domicile request of the head of the local election office, or, on polling day, the ballot counting committee of the settlement where they stay on the polling day to enter them in the electoral roll. On the strength of such certificate, citizens may vote at the settlement where they stay. Requesting a certificate may not have the objective of influencing the outcome of elections by means of abusing law.
(2) The certificate may be issued the latest on the second day before the first round. Certificates may be applied for in person or through a delegate. The certificate may be requested also by registered mail, on condition that it is received by the competent local election office the latest before the 5th day prior to the first round. The certificate requested in the letter shall be sent by certified mail with receipt of delivery requested to the voter to the address given by him or her.
(3) In order to issue the certificate, the person requesting the certificate shall disclose his/her name, personal identification number, address, the name of the settlement where he/she stay on polling day, and shall state if he/she requests the certificate for the first or the second, or both rounds of the election.
(4) The head of the local election office shall indicate the voter’s name, personal identifier, address, address of the constituency according to the residence, the settlement where the voter intends to vote, the designation of the constituency, furthermore the address of the polling station designated for voting.
(5) When issuing the certificate, the head of the local election office that is competent according to the address shall include the voter in a separate register, concurrently strike him/her from the electoral roll, furthermore indicate in the register – if the certificate is only valid for the first round, in the register for the second round as well – the designation of the settlement and constituency to which the certificate applies, and send the separate register to the National Election Office after the expiry of the time limit specified in Section (6). The receipt of the certificate shall be acknowledged by the citizen, or the person delegated by him/her, on grounds of the authorisation issued to this effect, by his/her signature.
(6) Until the third day prior to the first round of elections, the head of the local election office – concurrently with revoking the issued certificate – shall re-enter in the electoral roll anyone who was deleted from it, if requested to do so by such individual. Citizens may request re-inclusion in the electoral roll according to their place of residence on one occasion.
(7) On the grounds of the certificate and a card suitable for proving identity and address, the head of the local election office of the place of residence or the ballot counting committee appointed for voting with certificate shall enter the voter in the electoral roll, furthermore the separate register. The certificate must be revoked from voters – with the exception of the case provided for in Section (8) – and retained along with the separate register among election documents.
(8) In case the certificate is valid for both election rounds, during the first round of elections, the head of the local election office and/or the ballot counting committee appointed for voting with certificate shall indicate the fact of the voter having been included in the electoral roll, and stamp to the certificate. The certificate valid for both rounds of the election must be given back to the voter during the first round.
(9) During the second round of the elections a voter who received a certificate for the first round (or both) may only be included in the electoral roll and can only vote if the first round of elections was invalid or inconclusive in the constituency for which the certificate was valid. Whether the elections were valid and conclusive must be examined separately in the case of single mandate constituency and regional list elections.
(10) In the second round of elections, a voter who received a certificate solely for the second round of elections may only be entered in the electoral roll and can only vote if the first round of elections was invalid or inconclusive in the constituency according to his or her place of residence. Whether the elections were valid and conclusive must be examined separately in the case of single mandate constituency and regional list elections.
(11) The National Election Office will, before the second round of elections, provide information to the heads of local election offices concerning the constituencies where the first round of elections were valid and conclusive. The head of the local election office will make this information available to the ballot counting committees.
(12) The national aggregated data of the separate register provided for in Section (5), broken down according to certificates
a) having been requested in which constituency, moreover
b) for which constituency,
shall be disclosed by the National Election Office prior to the first round of elections, moreover make it available to anyone in a per settlement breakdown.
(13) The head of the local election office that is competent according to place of residence shall until midnight on the day following the day when the election results are established, in the locally customary manner, disclose such data in the electoral roll on the basis of which it is possible to unambiguously determine the number of people who voted with a certificate in the given constituency.
Article 89/A After the day preceding the first round of the election, the electoral roll shall not be modified because of change in the address.
Article 89/B (1) Inclusion in the electoral roll at foreign representations shall be applied for until the 23rd day preceding the first round of the election (the polling day in Hungary).
(2) In the application for inclusion in the electoral roll at foreign representations, the voter is obliged to indicate whether he/she requests his/her inclusion in the electoral roll at foreign representations for the first, the second round or both rounds of the election.
(3) The application shall be dismissed if it does not contain the data pursuant to Section (2).
(4) The electoral roll at foreign representations also indicates the constituency and the election round.
(5) The head of the local election office shall send the data of the electoral roll at the foreign representation to the National Election Office until the 15th day prior to voting in Hungary.
(6) The National Election Office shall send the data of the electoral roll at foreign representations also to the competent parliamentary single mandate constituency election committee.
 
Election bodies
 
Article 90 (1) In the election of Members of Parliament the following election committees shall operate:
a) ballot counting committees,
b) local election committees carrying out the tasks of ballot counting committees at settlements having one constituency,
c) parliamentary single mandate constituency election committee,
d) regional election committee,
e) National Election Committee.
(2) In the election of Members of Parliament the following election offices shall operate:
a) local election offices,
b) election offices at foreign representations,
c) single mandate constituency election office;
d) regional election offices,
e) the National Election Office.
 
The powers of election committees
 
Article 90/A (1) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and make out minutes thereof,
d) propose for the competent election committee to annul the results of the electoral district if it notices any violation of law that affects the results on the merits.
(2) The parliamentary single mandate constituency election committee shall
a) decide the registration or refusal of candidates in single mandate constituencies and of nominating organizations that intend to put forward candidates only in one single mandate constituency,
b) approve the data content of the ballot paper of the single mandate constituency,
c) decide objections regarding the election in single mandate constituency,
d) decide appeals against resolutions adopted by the ballot counting committee pursuant to clause a) and b) Section (1) that concern exclusively the election in single mandate constituency, and that concern both the single mandate constituency and regional list elections,
e) annul the results of voting if it establishes any violation of law that affects it on the merits,
f) determine and publish the results of the election in single mandate constituency,
g) issue the letter of appointment to the representatives in the parliamentary single mandate constituency,
h) initiate the call for by-election with the National Election Committee,
i) initiate the decision of the body having powers, in case any violation of law is made known to it.
(3) The regional election committee shall
a) decide the registration or refusal of lists and the candidates included in them, and nominating organizations that intend to put forward candidates only in one county/the capital,
b) draw the sequence number of regional lists,
c) approve the data content of the ballot papers of regional lists,
d) decide objections regarding the election of regional lists,
e) decide appeals against the resolution adopted by the ballot counting committee pursuant to clause a) and b) Section (1) that concern exclusively the election of regional lists,
f) decide appeals against the parliamentary single mandate constituency election committee,
g) annul the results of voting, if it establishes any violation of law that affects it on the merits,
h) determine and publish the results of the election in the regional constituency,
i) issue the letter of appointment to representatives who have obtained a seat on a regional list,
j) initiate the decision of the body having powers, in case any violation of law is made known to it.
(4) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of law and uniform legal practice regarding the elections, the standpoint works as a guideline, no appeal lies against it; the standpoint shall be published in the Official Gazette of Hungary,
b) decide the registration or refusal of national lists and the candidates included in them, and of nominating organizations that intend to put forward candidates in several counties/in the capital,
c) draw the sequence number of national lists,
d) decide objections regarding the activity of election offices at foreign representations, and any objection that do not fall within the competence of the parliamentary single mandate constituency election committee, or the regional election committee,
e) decide appeals against the resolution of the regional election committee,
f) annul the result of voting, if it establishes any violation of law that affects it on the merits,
g) determine which nominating organizations have reached the % voting threshold of the extent defined in law,
h) determine who have won a mandate in the elections of Members of Parliament out of the candidates on national lists,
i) issue the letter of appointment to the representatives who have obtained a mandate on national lists,
j) determine and publish the nationally aggregated results of the elections,
k) call the by-election of Members of Parliament, and determine the deadlines thereof calculated according to calendar days,
l) initiate the decision of the body having powers, in case any violation of law is made known to it,
m) report on the general elections of Members of Parliament to the Parliament.
 
Election campaign
 
Article 91 (1) Each nominating organization that puts forward candidates in elections is entitled to budgetary support in proportion to putting forward candidates. Independent candidates are given budgetary support equal to the support received by the candidates of nominating organizations. The amount of funds that can be spent on budgetary support nationally shall be determined by the Parliament.
(2) When determining the support per candidate, the number of candidates in single mandate constituencies, the number of candidates on regional lists split per political parties but maximum the number of candidates identical with the number of obtainable mandates, and the number of candidates actually included in national lists but maximum 58 per party shall be taken into consideration. The person nominated both in a single mandate constituency and on a list, or both on a regional and a national list shall be considered in accordance with the number of nominations.
(3) The allocation of the budgetary support that can be spent on elections will be implemented to nominating organizations in one amount, to independent candidates per person, on the grounds of the decision of the National Election Committee, in 5 days from thereof, by the ministry headed by the Minister responsible for general government or the financial institution designated by it.
(4) The budgetary support defined in Section (1) shall serve to cover only material costs. Nominating organizations and independent candidates shall account for the utilisation of the support in 30 days after the elections at the point of payment.
Article 92 (1) In addition to the budgetary support set forth in Article 91, independent candidates and nominating organizations may spend maximum one million Hungarian forints per candidate on the elections. The number of candidates that can be considered shall be determined pursuant to Article 91 (2).
(2) Each nominating organization and independent candidate shall publish the amount, resource and method of utilisation of state subsidies and other funds, financial supports spent on the elections in the Official Gazette of Hungary, in 60 days after the second round o the elections.
(3) The utilisation of public and other funds spent the elections will be examined by the State Audit Office in one year after the second round of the elections ex officio regarding the nominating organizations and independent candidates having won parliamentary representation, and at the request of other candidates, nominating organizations regarding other candidates and nominating organizations. The application for such examination shall be submitted in 3 months after the second round of the elections. A motion of evidence shall be attached to the application.
(4) The nominating organization or independent candidate that has violated the rule set forth in Section (1), is obliged to pay the double amount of the value by which it has exceeded the defined limit in 15 days to the central budget, and this amount shall be used for preparing first-time voters. In case of delay the debt shall be collected as tax.
Article 93 (1) National public service program providers shall publish the political advertisements of nominating organizations putting forward national lists, regional public service program providers shall publish the political advertisements of nominating organizations putting forward regional lists in their region of reception, local public service program providers shall publish the political advertisements of candidates announcing themselves in single mandate constituencies in their region of reception from the 18th day preceding the elections the latest until the 3rd day before the elections, at least once, free of charge.
(2) On the last day of the election campaign the program providers defined in Section (1) shall publish the political advertisements produced by nominating organizations and candidates pursuant to the provisions set forth in Section (1), free of charge.
 
Proposal
 
Article 94 (1) Regional lists and the candidates included in them shall be notified the latest on the 27th day prior to voting, national lists and the candidates included in them on the 26th day prior to voting.
(2) The right of presenting lists shall not be affected by the fact that the candidate in the single mandate constituency has fallen out.
Article 95 (1) The linking of lists, the order of linked lists and the order of access to mandate of the candidates indicated on the lists shall be notified the latest on the 25th day prior to voting. The notification regarding linking lists will be published by the election committee.
(2) When drawing the order of the lists, the lists taking part in linking shall be drawn jointly; the lists taking part in linking will be given a consecutive sequence number, in accordance with the order notified pursuant to Section (1).
(3) The distribution of fragmentary votes of joint candidates and joint regional lists shall be notified the latest on the 25th day prior to voting. The notification will be published by the election committee.
(4) Simultaneously with presenting a joint list, it shall be notified which nominating organization has put forward each candidate.
 
Voting
 
Article 96 (1) A separate ballot paper serves voting on single mandate constituency candidates and another one voting on regional lists.
(2) The ballot paper of single mandate constituencies contain the candidates' officially used first name(s) and family names in alphabetic order, the distinguishing mark pursuant to Article 52 (3), and the name of the nominating organization, and the fact of independent nomination.
(3) The regional list ballot paper contains the name of nominating organizations in the order drawn by the election committee. On the ballot paper, the names of the first five candidates out of the candidates put forward on the list and the fact of possible linking of lists shall be indicated in the order notified by the nominating organization.
(4) On each ballot paper, at the request of the nominating organization, the abbreviated form of its name, the black-and-white print of its symbol or badge shall be indicated beside the name of the nominating organization.
(5) In the event of putting forward joint candidates or setting up joint lists, the name of each nominating organization shall be indicated on the ballot paper.
 
Voting at foreign representations
 
Article 96/A (1) In the first round, votes may be cast at foreign representations on the 7th day before the polling day in Hungary, between 6 a.m. and 7 p.m. local time. At the foreign representations where the time difference is -1 hour or -2 hours compared to Central European time zone votes may be cast, between 6 a.m. local time and 7 p.m. CET. At foreign representations established on the American continent votes may be cast on the 8th day prior to voting in Hungary, between 6:00 a.m. and 7:00 p.m. local time.
(2) The election office at the foreign representation will indicate on the outside envelope the description of the parliamentary single mandate constituency on the ballot paper of which voters cast their ballot.
 
Forwarding ballots cast at foreign representations
 
Article 96/B (1) In the event of the first round of parliamentary elections, the ballot box shall arrive at the National Election Office until 12:00 p.m. on the 3rd day before voting in Hungary.
(2) The National Election Committee will open the ballot-boxes that have arrived on time, and the chairperson of the National Election Committee or the person delegated by him/her will hand over the voting documents containing the ballots cast at foreign representations, without opening the outside envelope, to the chairperson of the competent parliamentary single mandate constituency election committee or the person delegated by him/her.
(3) If the description of the parliamentary single mandate constituency is not indicated on the envelope containing the ballots cast at the foreign representation, the National Election Committee will bundle the envelope separately, without opening it, as a document of ballots not cast, and will set forth this fact in special minutes.
(4) In parliamentary elections the duty defined in Article 73/A shall be fulfilled by the parliamentary single mandate constituency election committee
a) in the first round of the elections, on polling day in Hungary,
b) in the second round of the elections, immediately after the voting documents have arrived.
 
Aggregating ballots
 
Article 97 The rules of counting ballots and making out minutes shall be applied separately with regard to ballot papers of single mandate constituencies and ballot papers of regional lists.
Article 97/A (1) The parliamentary single mandate constituency election committee will place the inside envelopes set forth in Article 73/A (4) that contain the foreign representation ballots, without opening them, into a transport envelope, on which the number of the envelopes placed into it shall be indicated. The transport envelope shall be authenticated by the members of the parliamentary single mandate constituency election committee by signing it, and by the head of the committee by affixing a stamp to it. The parliamentary single mandate constituency election committee shall record the number of the inside envelopes in separate minutes. The chairman of the parliamentary single mandate constituency election committee shall hand over the transport envelope and one copy of the minutes to the head of the ballot counting committee located at the seat of the parliamentary single mandate constituency, designated by the parliamentary single mandate constituency election committee.
(2) The ballot counting committee set forth in Section (1) will mix the envelopes that contain the ballot papers cast at foreign representations, without opening them, with the envelopes that contain the ballots cast at the electoral district.
(3) In the second round of the election, the ballot counting committee set forth in Section (1) will after closing voting seal the ballot-box in such fashion that no ballot-paper can be either put into or taken out of it. The ballot counting committee will hand over the ballot-box to the parliamentary single mandate constituency election committee, which arranges for its safe storage.
(4) In the second round of the elections, the parliamentary single mandate constituency election committee will the latest on the 6th day following voting in Hungary hand over the ballot-box and the envelopes that contain the ballot-papers set forth in Article 73/A (4) to the ballot counting committee set forth in Section (1), which will immediately carry out the tasks determined in this Article, and in Chapter IX, except for Article 76.
Article 98 (1) The electoral district minutes shall be forwarded to the parliamentary single mandate constituency election committee and the regional election committee.
(2) The parliamentary single mandate constituency election committee will aggregate the ballots on the basis of the minutes of the ballot counting committees, and will determine the constituency result of the election, and will record it in minutes. The minutes shall be forwarded to the National Election Committee.
(3) The regional election committee will aggregate the ballots on the grounds of the minutes of the ballot counting committees, and determine the number of valid ballots cast on lists, and record it in minutes. The minutes shall be forwarded to the National Election Committee.
(4) On the grounds of the minutes of regional election committees, after they have arrived, the National Election Committee will determine the percentage limit and that which regional lists can obtain mandates; and will immediately inform regional election committees about this fact, which determine the result of the regional constituency elections, and record it in minutes.
(5) On the grounds of the minutes of single mandate constituency and regional election committees, after they have arrived, the National Election Committee will aggregate the fragmentary votes cast on candidates in single mandate constituencies and on lists, and determine that on the basis of that who have won mandates out of the candidates of national lists.
 
Filling vacant seats
 
Article 98/A. If a representative elected on a regional list or national list falls out, the nominating organization may notify a candidate obtaining the seat to replace such representative falling out to the competent election committee in 30 days from the seat having become vacant.
 
Legal remedy
 
Article 99 (1) Appeals against the decision of the election committee determining the result of the elections [Article 90/A (2) f), Article 90/A (3) h)] shall be submitted in such fashion that it arrives the latest on the day following the decision of the election committee. The election committee entitled to adjudge the appeal will decide the appeal the latest on the day following the receipt thereof. Application for judicial revision against the resolution of the election committee shall be submitted in such fashion that it arrives the latest on the day following the decision of the election committee. The court will decide the application the latest on the day after it is addressed to it.
(2) If the election committee or the court have the election repeated, the election committee shall call the repeated election for the seventh day from the date of the election caused to be repeated.
 
CHAPTER XII
THE ELECTION OF THE REPRESENTATIVES AND MAYORS OF LOCAL SELF-GOVERNMENTS
 
Article 100 The provisions of Chapters I-X, except for the provisions regarding the register at foreign representations and voting at foreign representations, shall be applied with regard to the election of the representatives and mayors of local governments (hereinafter referred to as "the local elections") with the deviations set forth under this Chapter.
 
Constituencies, electoral districts
 
Article 101 A constituency shall be:
 
a) in respect of the election of the members of county general assemblies, the county without cities having county rights;
 
b) in respect of the election of the Mayor of the capital and the members of the metropolitan general assembly, the capital;
 
c) in respect of the election of the mayor, the election of the representatives of the local government of settlements with 10.000 or less inhabitants, the settlement;
 
d) in respect of the election in single mandate constituencies of the representatives of the local government of settlements with more than 10.000 inhabitants, the constituency established to this effect.
 
Article 102 (1) The head of the local election office shall determine until 15 February the number of electable members of the local self-governments representative body on the grounds of the number of the population as of 1 January in the year of the election of mayors and representatives of local self-governments and publish its decision the way it is customary locally.
(2) The number, sequence number and the territory of single mandate constituencies shall be determined by the head of the local election office on the grounds of the number of the population as of 1 January in the year of the election of mayors and representatives of local self-governments and shall publish its decision before 28 February the way it is customary locally.
(3) Objections against the decision of the head of the local election office according to Section (1) and (2) may be lodged with the head of the regional election office in 2 days from the publication of the decision. Objections against the decision of the head of the local election office according to Section (2) can be lodged relating to violation of Article 9 Section (1). The head of the regional election office shall decide in 2 days. The head of the regional election office affirms or changes the challenged decision. No further legal remedy lies.
 
Article 102/A (1) The head of the regional election office shall determine until 15 February the number of electable members of the county/metropolitan assembly on the grounds of the number of the population as of 1 January in the year of the election of mayors and representatives of local self-governments.
(2) Objections against the decision of the head of the regional election office may be lodged with the head of the national election office in 2 days. The head of the national election office shall decide in 2 days. The head of the national election office affirms or changes the challenged decision. No further legal remedy lies.
 
Registration of suffrage
 
Article 103 -
 
Article 104 (1) If the citizen has in addition to his/her domicile a residence, the citizen may with a certificate requested from the head of the local election office of his/her domicile ask the head of the local election office of his/her place of residence, or, on polling day, the ballot counting committee to enter him/her in the electoral roll. On the grounds of the certificate, the citizen may vote at his/her place of residence.
(2) When issuing the certificate, the head of the local election office of the domicile shall delete the citizen from the electoral roll. The certificate shall indicate, on the grounds of the citizen's statement, the place of residence where the citizen intends to vote, which shall be recorded in the electoral roll. The receipt of the certificate shall be acknowledged by the citizen, or the person delegated by him/her, on grounds of the authorization issued to this effect, by his/her signature.
(3) On the grounds of the certificate and the card suitable for verifying the identity, the head of the local election of the place of residence or the ballot counting committee shall enter the citizen in a special register. The certificate and the special register shall be retained as part of the election documents.
(4) Certificates may be issued the latest on the second day prior to voting. Certificates may be applied for in person or through a proxy. Certificates may be also applied for by registered mail, provided that such mail shall have been received by the relevant local election office on the 5th day prior to voting. The letter shall indicate the place of residence where the citizen intends to vote. The certificate applied for in the letter shall be sent to the citizen to the address determined by him/her by certified mail with receipt of delivery requested.
(5) For issuing the certificate, the person applying for the certificate shall disclose his/her name, personal identification number and address.
 
Election bodies
 
Article 105 (1) At the local elections the following election committees shall operate:
a) ballot counting committees,
b) local election committee,
c) regional election committee,
d) National Election Committee.
(2) At the local elections the following election offices shall operate:
a) local election offices,
b) parliamentary single mandate constituency election offices,
c) regional election offices,
d) National Election Office.
(3) The delegated member of the ballot counting committee and the local election committee may stand as a candidate in another settlement, in the capital in another district, the delegated member of the regional election committee in another county.
 
The powers of election committees
 
Article 105/A (1) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and take minutes thereof,
d) propose for the competent election committee to annul the results of the electoral district if it notices any violation of law that affects the results on the merits.
(2) The local election committee shall
a) decide the registration or refusal of the candidates for mayor, of candidates on individual lists and in single mandate constituencies, of compensatory lists and nominating organizations that intend to put forward candidates only in one settlement,
b) draw lots for the sequence number of compensatory lists,
c) approve the data content of the ballot paper of the settlement,
d) decide objections regarding the election of the mayor, the representatives,
e) decide appeals against resolutions adopted by the ballot counting committee pursuant to clause a) and b) of Section (1) that concern exclusively the settlement election (the election of the mayor, the representatives), and that concern both the settlement and the regional self-government election or the election of the mayor,
f) annul the results of the election of the mayor, the representatives, if it establishes any violation of law that affects it on the merits,
g) in the event of equal number of ballots, decide by a draw which candidate will obtain a mandate from the individual list,
h) determine and publish the results of the election of the mayor, the representatives of the local government,
i) issue the letter of appointment to the mayor, the representatives of the local government,
j) call the by-election of the mayor, the representatives of the local government and determine the deadlines calculated according to calendar days,
k) initiate the decision of the body having powers, in case any violation of law is made known to it.
(3) The regional election committee shall
a) decide the registration or refusal of county/metropolitan lists and the candidates included in them, candidates for the Mayor of the capital, and nominating organizations that intend to put forward candidates only in one county/the capital,
b) determine the sequence number of county/metropolitan lists by drawing lots,
c) approve the data content of the ballot papers of the county/metropolitan lists, and the election of the Mayor of the capital,
d) decide objections regarding the election of county/metropolitan lists and the election of the Mayor of the capital,
e) decide appeals against the resolution adopted by the ballot counting committee pursuant to clause a) and b) Section (1) that concern exclusively the regional self-government election or the election of the mayor,
f) decide appeals against the local election committee’s resolution,
g) annul the results of the election of county/metropolitan lists, and the election of the Mayor of the capital, if it establishes any violation of law that affects it on the merits,
h) determine and publish the results of the election of the county/metropolitan lists, and the election of the Mayor of the capital,
i) issue the letter of appointment to representatives who have obtained a mandate in the election of county/metropolitan lists, and to the Mayor of the capital,
j) initiate the decision of the body having powers, in case any violation of law is made known to it.
(4) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of law and uniform legal practice regarding the elections, the standpoint works as a guideline, no appeal lies against it; the standpoint shall be published in the Official Gazette of Hungary,
b) decide any and all objections that do not fall within the competence of the local election committee, or the regional election committee,
c) decide appeals against the resolution of the regional election committee,
d) publish the results of the elections determined by local election committees and regional election committees and aggregated nationally,
e) initiate the decision of the body having powers, in case any violation of law is made known to it,
f) report on the election of the representatives and mayors of local governments to the Parliament.
105/B (1) In the event of establishing a new community and the termination of the unification of settlements, the body of representatives shall elect the ballot counting committees by taking the electoral districts established in accordance with the territory organization decision into account. The body of representatives of the new community shall elect a local election committee in 30 days after it is established, and elect a new ballot counting committee the latest after the next election is called.
(2) In the event of transferring, taking over, exchanging inhabited parts of territories, it is the ballot counting committee elected by the body of representatives of the receiving settlement, and the local election committee of the receiving settlement that shall take actions.
(3) In the event of unification of settlements, the election committee of the settlement that has a larger population on 1 January in the year of the election shall take actions in both settlements.
(4) In the event of annexing a settlement to another county, the provisions of this Act shall be applied in the electoral procedure considering the fact that the territory organization decision ordering the annexation of the settlement to another county enters into force on the day of calling the election.
 
Election campaign
 
Article 106 (1) Local public service broadcasters shall at least once, free of charge publish the political advertisements of nominating organizations, and candidates for mayor in proportion to the nomination or the setting up of lists, from the 15th day before voting to the 3rd before voting. All of the independent candidates are entitled to this right jointly, in proportion to their nomination.
(2) On the last day of the election campaign, national program providers shall publish the summary of the eight nominating organizations that have put forward the most candidates for representative and mayor in terms of nationwide aggregation. Joint candidates and lists shall be taken into consideration in proportion to nomination.
 
Proposal
 
Article 107 (1) Regarding the proposal of the county list, the provisions of Chapter VII pertaining to proposing candidates shall be properly applied.
(2) The compensation list, and the candidates indicated on it shall be notified the latest on the 27th day prior to voting, the metropolitan list, and the candidates indicated on it the latest on the 26th day prior to voting.
Article 107/A When notifying a citizen of another Member State of the European Union as a candidate, the candidate's statement asserting that he/she is not subject to any legal, judicial or other official provision in the state of his/her citizenship which bars him/her from being elected shall be attached.
Article 108-109
 
Voting
 
Article 110 (1) A separate ballot paper shall serve
a) at settlements with 10.000 or less inhabitants, individual list, mayoral, and county list elections;
b) at settlements with more than 10.000 inhabitants, single mandate constituency, mayoral and, except for cities having county rights, county list elections;
c) in the capital, single mandate constituency, mayoral, the capital's Mayor's, as well as the metropolitan list elections;
(2) The ballot paper for settlement individual list, single mandate constituency and mayoral elections shall contain the candidates' officially used first name(s) and family names in alphabetic order, the distinguishing mark pursuant to Article 52 Section (3) and the name of the nominating organization, including, at the request of the nominating organization, the abbreviation of the nominating organization, and the fact of independent nomination. At the request of a candidate representing a minority, the ballot paper shall indicate his/her name and the name of the nominating organization also in the mother tongue of the minority.
(3)
(4) The ballot paper for the capital and county lists shall contain the name of the nominating organizations in the order selected by the election committee by a draw. The ballot paper shall indicate, in the order notified by the nominating organizations, the name of the first five candidates out of the candidates running on the list.
(5) The ballot paper for the capital and county lists, and the ballot paper for mayors shall contain, beside the name of the nominating organization registered by the court, at its request, the abbreviation, the black-and-white print of the symbol or badge of the nominating organization.
(6) In the event of joint candidates and lists, the ballot paper shall indicate the name of each nominating organization.
Article 111 The ballot counting committee shall enter in the electoral roll the voter who has delivered the certificate pursuant to Article 104.
 
Aggregating ballots
 
Article 112 In respect of individual list elections, valid ballots shall be counted separately for each candidate. The ballot-papers containing both valid and invalid ballots shall be gathered in separate bundles. The number of valid ballots separately for each candidate shall be written on the bundle.
Article 113 (1) The local and the regional election committee shall on the grounds of the minutes of ballot counting committees aggregate the ballots, and determine the results of the election.
(2) Aggregating minutes of the results of settlement individual list; separate minutes for each constituency of the results of single mandate constituencies in mixed election schemes; and separate minutes of the results of compensational lists, the metropolitan list and mayoral elections shall be made. Aggregating minutes shall be made of the results of the election of the members of county general assemblies.
(3) Data sheets shall be drawn up solely of the unofficial results of the election of mayors, the Mayor of the capital, and the members of the metropolitan and county general assemblies.
Article 114.
 
By-elections
 
Article 115 (1) By-elections shall be called for by the competent election committee in 30 days from the occurrence of the reason. By-elections shall be called for a date within four months from the date the seat becomes vacant, or, within three months from the dissolution or dissolving of the body of representatives. By-elections shall not be called for a date between 1 April and the date of the general elections in the year of general local self-government elections. In respect of by-elections the rules of general elections apply.
(2) If an elected candidate drops from the county, compensation or metropolitan list, the nominating organization may notify a new candidate to replace him/her to the competent election committee.
(3)
Article 115/A
 
Chapter XI/A
ELECTION OF MUNICIPAL (LOCAL) MINORITY SELF-GOVERNMENT REPRESENTATIVES
 
Article 115/B The provisions of Chapters I-X – with the exception of the provisions associated with foreign mission electoral rolls and voting at foreign mission, furthermore Article 9, Article 12, Article 13 Section (1), Article 14 Section (1) and (3), Article 15 Section (1) and (3), Article 45-50, and Article 76 – moreover those of Article 112 shall be applied with the differences set forth in this chapter at the election of municipal minority self-government representatives.
 
The call for the election
 
Article 115/C The election of municipal minority government representatives must be called until the 55th day prior to voting. Holding the elections shall not be hindered if the number of voters appearing in the electoral roll of minority voters drops below 30 after the elections are called.
 
Electoral districts
 
Article 115/D An electoral district (electoral districts) that are independent per settlement, and other than those for municipal elections must be created for voting.
 
Registration of suffrage
 
Article 115/E (1) The local election office shall inform Hungarian citizens who are franchised at the election of local self-government representatives and mayors, and will reach the legal age until October 1st concerning the things to know in connection with inclusion in the electoral roll of minority voters by mail until May 31st in the year of the election, and send them the form under Annex 11. The government body competent in national and ethnic minority affairs shall consult with the national minority governments about the wording of the informative leaflet.
(2) Inclusion in the electoral roll of minority voters may be requested from the head of the local election office that is competent according to address until the 15th of July in the year of election, by depositing the application in the collecting box at the self-government’s building, Requests for inclusion in the electoral roll of minority voters may also be submitted by mail so that it arrives at the local election office until the 15th of July in the year of election at the latest.
(3) The application for inclusion in the electoral roll of minority voters may be requested using the form according to Annex 11.
(4) The application for inclusion in the electoral roll of minority voters shall contain the voter’s
a) surname and given name,
b) surname and given name at birth,
c) place of residence,
d) personal identification number,
e) declaration about belonging to the given national and ethnic minority, furthermore
f) signature.
(5) In case a citizen applies for inclusion in more than one minority’s electoral roll, every one of his/her application shall be void.
Article 115/F (1) The head of the local election office shall decide about the applicant’s inclusion in the electoral roll of minority voters on 15th July at the latest.
(2) The head of the local election office shall verify applicants’ citizenship and suffrage on the basis of the personal data and address register, moreover the register of disenfranchised legal age citizens. The personal data and address register may be combined with the register of disenfranchised legal age citizens for the purpose of verifying voting rights.
(3) An applicant must be included in the electoral roll of minority voters if the application includes the data specified in Article 115/E Section (4), the applicant is a Hungarian citizen and possesses voting rights at the election of local self-government representatives and mayors; otherwise, inclusion in the electoral roll of minority voters must be refused.
(4) The head of the local election office shall promptly notify the applicant about the resolution refusing inclusion in the electoral roll of minority voters. The resolution refusing inclusion in the electoral roll of minority voters must contain the grounds for refusing inclusion and evidence thereof, moreover information provision about legal remedy opportunities concerning the resolution.
(5) An objection against the resolution refusing inclusion in the electoral roll of minority voters may be submitted to the head of the local election office within three days as of receiving notification to this effect.
Article 115/G (1) The head of the local election office shall inform voters about the venue, date, and method of election by way of sending a minority letter of advice.
(2) Anyone who has been deleted from the electoral roll must be deleted from the electoral roll of minority voters too.
(3) The electoral roll of minority voters – the number of voters appearing in it excepted – shall not be public, only
a) members of the local election office in the course of compiling, maintaining the electoral roll of minority voters, and producing and sending letters of advice,
b) members of the local election committee and the local election office in the course of verifying candidate’s voting rights,
c) members of the election committee and election office, moreover the court in a legal remedy procedure,
d) the ballot counting committee in the course of voting,
e) the subject individual, with respect to his/her own data
may have access to it. Records must be kept about accessing the electoral roll of minority voters.
(4) The electoral roll of minority voters must be destroyed promptly after the outcome of voting becomes inure or after judgement is passed about legal remedy petitions associated with the electoral roll.
(5) The number of minority voters included in the electoral roll of minority voters shall constitute data of public interest, which the head of the local election office will disclose, moreover the National Election Office will publish.
Article 115/H (1) With the exception of legal remedy procedures, no voters may be included in the electoral roll of minority voters after the time limit established in Section (1) of Article 115/F.
(2) Provisions applicable to the electoral roll must be applied appropriately – with the limitations set forth in Article 115/B and Article 115/G – to the electoral roll of minority voters.
 
Election bodies
 
Article 115/I (1) The following election committees shall operate at settlement minority government elections:
a) ballot counting committees,
b) local election committees,
c) regional election committees.
(2) The following election offices shall operate at the settlement minority government elections:
a) local election offices,
b) parliamentary single mandate constituency election offices,
c) regional election offices,
d) National Election Office.
(3) Individuals who are franchised at the election of local self-government representatives and mayors may be members of ballot counting committees. Minority nominating organizations may not appoint any members to ballot counting committees.
(4) The minority nominating organization’s delegate may participate at the local election committee’s meetings as a member with full rights concerning decision-making associated with his/her own minority, and with consultation rights for the discussion of other issues. Members with consultation rights need not be taken into account when determining the committee’s quorum.
(5) The ballot counting committee shall
a) check the polling station, manage voting, and see to the lawful conducting of voting,
b) decide any disputed issues that arise in the course of voting,
c) count the vote and determine the result in the electoral district, and draft minutes thereof,
d) propose for the competent election committee to annul the results of the electoral district if it notices any breach of law that substantially affected the results.
(6) The local election committee shall
a) call settlement minority government elections,
b) decide the registration or refusal of settlement minority government candidates, moreover that of nominating organizations that intend to put forward a candidate in only one settlement,
c) draw the sequence of candidates on the ballot-paper,
d) approve the data content of ballot-papers,
e) decide about submitted objections.
f) decide appeals against a ballot counting committee resolutions,
g) annul the results of the election, if it establishes any breach of law that substantially affected the said,
h) in the event of an equality of votes, decide by a draw which candidate will obtain a mandate,
i) determine and publish the result of the election,
j) issue letters of appointment to the representatives,
k) initiate decision-making by the body with jurisdiction in case it learns of any breach of law.
(7) The regional election committee shall
a) decide about registering or refusing nominating organizations that intend to propose candidates in only one county/Budapest,
b) decide appeals against the decision of the local election committee,
c) initiate the decision of the body having powers, in case any breach of law is made known to it.
(8) The National Election Committee shall
a) issue a position in the interest of developing a standard interpretation of legal regulations associated with the election, as well as standard case law; the nature of this position will be that of guidelines, no legal remedy will be available against it; the position must be published in the Official Gazette of Hungary,
b) provide a report to Parliament about the election of settlement minority government representatives.
 
Nomination
 
Article 115/J (1) In order to file a nominating organization, its articles of incorporation must be attached, in evidence of its objective as stipulated in its articles of incorporation being the representation of the given national or ethnic minority, in accordance with the criteria specified in law.
(2) A candidate must also declare
a) that s/he will undertake the representation of the minority,
b) whether or not s/he knows the language of the minority community,
c) whether or not s/he is aware of the minority community’s culture and traditions,
d) whether or not s/he has already been a member or official of another minority’s minority government.
(3) Anyone is allowed to learn the substance of the declaration under Section (2).
(4) The local election committee shall verify the candidate’s voting rights by way of contacting the head of the local election office, who in turn will inform the local election committee as to whether or not the individual filed as a candidate appears in the electoral roll of minority voters.
 
Voting
 
Article 115/K (1) Separate ballot-papers must be produced for each minority.
(2) The settlement minority government election ballot-paper shall contain the designation of the minority; the surnames and given names of candidates in the sequence drawn by the local election office; the distinguishing mark under Article 52 (3), the circle used for voting in front of the candidates’ names, the name of the nominating organization – along with the nominating organization’s abbreviation upon its request –, moreover information pertaining to the voting method.
(3) The ballot-paper must be drafted in two languages (in Hungarian and the language of the minority). The name of the candidate must also be indicated in the minority’s language only upon the candidate’s request, likewise the name of the nominating organization only upon the nominating organization’s request.
(4) In case of joint candidates, the ballot paper must indicate the name of each nominating organization.
 
Aggregating the votes
 
Article 115/L The local election committee shall establish the result of settlement minority government representatives’ elections on the basis of the ballot counting committee’s minutes.
 
Chapter XII/B
ELECTION OF REGIONAL AND NATIONAL MINORITY GOVERNMENT REPRESENTATIVES
 
Article 115/M The provisions of Chapter I, Chapter II – with the exception of Article 7/A –, Chapter V – with the exception of Article 25 –, Article 51-53, Article 55-58, Article 65-71, moreover Chapter X and XII/A must be applied appropriately at the election of regional and national minority government representatives with the differences provided for in this chapter.
 
Calling the election
 
Article 115/N (1) The National Election Committee shall resolve the date of the general election of regional and national minority government representatives for January in the year that follows the year of settlement minority government representatives, on the same day with respect to all minorities.
(2) The National Election Committee shall – concurrently with calling the election – establish the headcount of national minority governments that can be elected, moreover which minority nominating organizations are entitled to put forward a list at the regional and national minority government elections.
 
Electoral districts
 
Article 115/O (1) Elections shall be held in settlements where a settlement minority government operates on the date of voting.
(2) An elector may exercise his or her right to vote in the settlement where s/he has been elected a member of the settlement minority government. The local election committee shall produce a “Register of Electors” about the electors who have voting rights.
 
Election bodies
 
Article 115/P (1) The following election committees shall operate at regional and national minority government elections:
a) local election committees,
b) regional election committee,
c) National Election Committee.
(2) The following election offices shall operate at regional and national minority government elections:
a) local election offices,
b) parliamentary single mandate constituency election offices,
c) regional election offices,
d) National Election Office.
(3) The local election committee shall
a) draw-up and maintain the Register of Electors,
b) check the polling station, manage voting, and see to the lawful conducting of voting,
c) decide any disputed issues that arise in the course of voting,
d) initiate decision-making by the body with jurisdiction in case it learns of any breach of law.
(4) The regional election committee shall
a) decide the registration or refusal of lists and the candidates appearing on them, moreover that of nominating organizations which intend to put forward candidates in only one county/the capital,
b) draw the serial number of regional lists,
c) approve the data content of regional list ballot papers,
d) decide about objections associated with regional minority government elections,
e) decide about appeals against the local election committee’s resolutions exclusively concerning regional minority government elections adopted on the basis of clause b) and c) of Section (1), moreover its resolutions adopted on the basis of clause a) of Section (1).
f) count the votes cast on lists at regional minority government elections, and determine the outcome of the regional minority government election, draw-up minutes about it, and disclose the election results,
g) annul the results of the regional minority election, if it establishes any breach of law that substantially affected the said,
h) issue letters of appointment to representatives who obtain a mandate at the regional minority government election,
i) counts the votes cast on lists at the national minority government election, and draw-up minutes about this,
j) initiate decision-making by the body with jurisdiction in case it learns of any breach of law.
(5) The National Election Committee shall
a) issue a position in the interest of developing a standard interpretation of legal regulations associated with the election, as well as standard case law; the nature of this position will be that of guidelines, no legal remedy will be available against it; the position must be published in the Official Gazette of Hungary,
b) call regional and national minority government elections,
c) decide about every objection that is out of the regional election committee’s scope of competence,
d) decide about appeals against the local election committee’s resolutions concerning regional minority government elections, adopted on the basis of clause b) and c) of Section (1),
e) decide about appeals against the regional election committee’s resolutions,
f) establish the outcome of the national minority government elections, draw-up minutes about this, and publish the election results,
g) issue letters of appointment to representatives who obtain a mandate at the national minority government election,
h) call regional and national minority government by-elections,
i) initiate decision-making by the body with jurisdiction in case it learns of any breach of law,
j) provide a report to Parliament about the election of regional and national minority government representatives.
 
Nomination
 
Article 115/R The list must be filed on the 26th day preceding voting at the latest.
 
Voting
 
Article 115/S (1) The ballot-paper for regional, as well as national minority government elections shall contain the designation of the minority; the names of lists in the sequence drawn by the regional election committee, and the National Election Committee; of the candidates standing for election on the list, the names of as many candidates as appropriate for the number of candidates that may be elected, in the sequence filed by the minority nominating organization; moreover information pertaining to the voting method.
(2) Voting shall be possible in the premises designated by the local election committee. Voting must be concluded in case all of the electors have cast their votes.
(3) Electors shall seal the ballot-paper or ballot-papers in an envelope, which must be marked with the name of the minority.
 
Aggregating the votes
 
Article 115/T (1) After the conclusion of voting, the local election committee shall open the ballot-box, and seal the envelopes – without opening them – in separate transporting envelopes for each minority, indicating on these the number of envelopes they in turn contain respectively. Transport envelope(s) must be delivered to the regional election committee promptly.
(2) The regional election committee – on the day after voting, after transport envelopes arrive from all affected settlements – shall count votes per each minority, and draw-up minutes about the outcome of vote-counting separately with respect to regional and national minority government elections.
(3) The outcome of regional minority government representatives’ elections shall be established by the regional election committee.
(4) Minutes drawn-up about the election of national minority government representatives must be delivered to the National Election Committee promptly.
(5) The outcome of national minority government representatives’ election shall be established by the National Election Committee on the basis of the regional election committees’ minutes, on the day after it receives these.
 
Filling vacant mandates
 
Article 115/U (1) If an elected representative drops out, the nominating organization may file the candidate obtaining the mandate to replace him/her with the regional election committee or the National Election Committee within 30 days calculated as of the seat having become vacant.
(2) By-elections shall be called for a date within four months calculated as of when the body of representatives’ and/or assembly’s mandate is terminated.
 
PART THREE
CLOSING PROVISIONS
CHAPTER XVII
EXPLANATORY PROVISIONS
 
Article 149 When applying this Act
a) state leader shall mean persons subject to the force of the law on the legal status and responsibility of the members of the Government and state secretaries,
b) county/capital-clerk shall mean the county, capital recorder,
c) independent candidate shall mean a candidate nominated not by a nominating organization,
d) kin shall mean lineal kin and spouse thereof; adoptive and foster-parent; adopted and foster-child; sibling, spouse, common-law companion; lineal kin, sibling of spouse; and sibling's spouse;
e) clerk shall mean settlement clerk, district clerk,
f) type of nomination shall mean single mandate constituency, regional list, national list nomination in the election of Members of Parliament; list nomination in the election of the Members of the European Parliament; mayors'/the capital Mayor's, individual list, single mandate constituency, compensation list, county/metropolitan list and minority common regional list nomination in the election of the representatives and mayors of local governments,
g) nominating organization shall mean political parties registered pursuant to Act XXXIII of 1989 on the Operation and Financial Functioning of Political Parties, and social organizations registered pursuant to Act II of 1989 on the Freedom of Association; nominating organizations putting forward joint candidates or setting up joint lists shall be considered one nominating organization,
h) representative shall mean Members of Parliament, Members of the European Parliament, members of the representative body of settlement self-governments, members of county general assemblies, members of the metropolitan general assembly, members of minority self-governments,
i) persons submitting initiatives shall mean in the event of referendums initiated by citizens and popular initiatives the organizations and private persons that have submitted the initiative,
j)
k) minority organization shall mean a social organization that, in accordance with the court registration, represents a national or ethnic minority determined under the Act on the Rights of National and Ethnic Minorities,
l) poster shall mean election placards, advertisements, notices, handouts, projected images, flags, emblems irrespective of the carrier material,
m) mayor shall mean the mayor of the settlement, the Mayor of Budapest,
n) settlement shall mean communities, towns/cities, cities having county rights, districts of the capital,
o) election campaign shall mean the statement of the election program; the promotion of candidates, lists, nominating organizations; the organization of election meetings; the placement of posters; the use of volunteers,
p) first name and family name shall mean the name used in marriage, the first name and family name at birth,
q) domicile shall mean the address of the flat or, for lack of it, except for Hungarian citizens and non-Hungarian citizens living abroad, of the rooms, abode used in need that the voter uses as his/her home on a regular basis in his/her normal life, if he/she has notified it to the particulars and address register as address.
r) foreign representation shall mean the embassy and consulate general of the Republic of Hungary.
 
CHAPTER XVIII
THE ENTRY INTO FORCE AND IMPLEMENTATION OF THE ACT
 
Entry into force
Article 150 This Act shall enter into force on the day it is promulgated.
Article 151.
Authorisation
Article 152 The Government shall be authorised to determine the sequence number, seat and territory of parliamentary single mandate and regional constituencies.
Article 153 (1) The minister shall be authorised to determine under decree:
a) the order of the registration of major citizens disfranchised, and of the preparation of the establishment of constituencies and electoral districts,
b) the terms and deadlines of the electoral procedure,
c) the responsibilities of election offices and the training of the members thereof; the division of powers among national, regional and local election offices,
d) the organization, technical completion of the information technology, ballot aggregation order of the state's election related tasks,
e) the sample, number of copies and order of forwarding of information notices, endorsement coupons, petition booklets with signatures, election minutes, data sheets and other printed matters,
f) the range of the nationally aggregated data of the election results,
g) the normative budgets, items, accounting and internal supervision order of the election costs.
(2) In his/her decree the minister may determine a working day directly preceding or following the term, deadline determined under the Act as term or deadline, if the term or deadline otherwise fell on a weekly rest day or holiday.
(3) The minister shall report on the organization and completion of the state's tasks related to the general elections of Members of Parliament and the representatives and mayors of local governments, and national referendums to the Parliament.
Article 154 The minister may enter into a contract with a legal person to fulfil the state's election related responsibilities subject to ensuring security requirements. Service agreements shall not be concluded with regard to the compilation of the electoral roll and the registration of major citizens disfranchised, checking proposals and monitoring voting performed two or three times.
155-159.- Article
Article 160 In Annex 4 to the Parliamentary Elections Law, party, or the election list of a party shall mean list.
Article 161-162.
Article 163-164.
Article 165.
Article 166.
Article 167.
Article 168.
Article 169-170.
Article 171. (1) This Act, together with the Act on the Election and legal status of the Members of European Parliament, and in line with the subject matter of Article 3. of Act I of 1994 that promulgated the Europe Agreement establishing an Association between the Republic of Hungary and the European Communities and their Member States, signed in Brussels on December 16, 1991, contains regulation reconcilable with the following legal regulations of the European Communities:
a) the Council’s Directive 93/109/EC of 6 December 1993 as regards certain detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals;
b) the korrigendum to Council Decision 2002/772/EC, Euratom of 25 June and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom.
(2) This Act, together with the Act LXIV of 1990 on the Election of local municipal representatives and mayors, and in line with the subject matter of Article 3. of Act I of 1994 that promulgated the Europe Agreement establishing an Association between the Republic of Hungary and the European Communities and their Member States, signed in Brussels on December 16, 1991, contains regulation reconcilable with the following legal regulations of the European Communities: a) the Council’s Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals.

Last modify: 2012.02.24.