Under the Hungarian electoral system, by-elections are to be announced and administered in the following situations.
1. For parliamentary elections:
A by-election shall be held if there was no candidate in one of the single-member constituencies or if both rounds of the parliamentary election were invalid (i.e. no candidate obtained a seat).
Further, a by-election shall be held if the single-member constituency mandate has expired.
The by-election shall be held according to the general rules of the parliamentary election.
2. For the election of members of local municipal corporations and of a mayor:
Local municipal corporation:
a) In settlements of a population not exceeding 10,000, members of the municipal corporation are elected on a small-list basis:
If fewer candidates are put up than the number of corporation members eligible on the basis of the number of population, the election shall not be held, and a by-election shall be announced.
Further, a by-election shall be held if fewer candidates were elected than the number specified by the law. In such situations, an election shall be announced with respect to the seats unfilled.
If, prior to the next general municipal election, the number of corporation members elected on the small list drops below the number required for the operation of the municipal corporation, a by-election shall be announced with respect to the vacant seats.
b) In settlements of a population exceeding 10,000, part of the members of the municipal corporation are elected in single-member constituencies, while the others are allocated mandates on the basis of the compensatory list.
A by-election shall be announced if the election in the single-member constituency could not be held due to the lack of candidates, or if two or more candidates have obtained the highest number of votes with an equal number of votes.
If the mandate of the representative of the single-member constituency expires, the vacant seat shall be filled by a by-election.
for both a) and b):
- In the event of elections cancelled due to the lack of candidates, the mandate of the municipal corporation shall be extended until the date of the by-election.
- Prior to the expiry of its mandate, the municipal corporation may declare its dissolution. In that event, a by-election shall be announced at a date within 75 days. Until the constituent meeting of the new municipal corporation, the existing municipal corporation shall perform its function and exercise its powers. The dissolution of the municipal corporation shall not be declared within six months following the election or within a year prior to the expiry of its mandate.
- At the proposal of the Government – submitted after consulting the Constitutional Court – the Parliament may dissolve those local municipal corporations whose operation is in conflict with the Constitution. The Parliament shall, simultaneously, announce the by-election for a date within 60 days.
Local minority municipality:
A by-election shall be held if the municipal corporation of the local minority municipality has been dissolved or if the number of the corporation members has dropped below the number required for the operation.
The election of a mayor:
A by-election shall be held if the election could not be held due to the lack of candidates, or if two or more candidates have obtained the highest number of votes with an equal number of votes.
Further, a by-election shall be held if the mandate of the elected mayor expires prior to the next general municipal election (e.g. due to the resignation, disfranchisement or death of the mayor or the dissolution of the municipal corporation).
The date of the by-election shall be set by the competent electoral committee within 30 days of the occurrence of the grounds. As a general rule concerning municipal elections, no by-election shall be held within 6 months prior to and following a general election. The rules applicable to general elections shall also apply to by-elections.
Last modify: 2010.02.11.