VIII. Collection and verification of signatures

The collection of signatures may be commenced with a copy of the signature-collection sheet with the validation clause applied to it (Article 133(4) of AEP). In the case of local referendums and local popular initiatives the time limit for signature collection is also 1 month (Article 134(1) and Article 147 of AEP).

During the collection of signatures, the resolution of the data protection supervisor on this matter should be taken into account, as well.  The resolution can be accessed via the following link:

http://abiweb.obh.hu/abi/index.php?menu=aktualis/allasfoglalasok/2003&dok=1330_H_2003_1

Signatures may be collected anywhere without harassing citizens, except for the following:

- at places of work during working hours, or in the course of fulfilling obligations of performing work arising from employment or other legal relation aimed at performing work;

- from persons in service in the armed forces and police authorities, at the place of service, or during fulfilling service responsibilities;

- on means of public transport;

- at the offices of state and local government bodies (Article 48(1) and (2) of AEP).

Proposals which have been collected in violation of the above rules are considered invalid. All signatures of those who signed more than once are considered invalid (Article 50 of AEP).

It is prohibited to either give or promise benefits to the signing voters or anyone connected to them, or ask for benefits, accept benefits or the promise of benefits for the signature (Article 48(3) of AEP).

It is prohibited to make copies of the filled signature collection forms. The personal data of the signing person is private (Article 59(1) and (2) of AEP).

The signature collector must destroy the signature-collection sheets not submitted within 3 days of the expiry of the term available for submitting them, and shall draft a report about such action. The report shall be delivered to the election committee within 3 days (Article 60 of AEP).

The signatures may be submitted once, within the deadline to the mayor (or, in the case of a referendum at a county level, to the chairman of the county assembly; in the case of a referendum held in the Capital, to the mayor of the Capital). Signatures submitted subsequently, supplementing the initiative are considered invalid (Article 134(1) of AEP).

The checking of the signatures shall be completed in 45 days. Upon request, the representative of those submitting the initiative may overview the signature verification process. After the completion of checking, the election committee shall make a decision on the result (Article 119(2) and (3) of AEP).

In the case of a referendum held in a settlement, an appeal against the decision of the local election committee may be lodged with the regional election committee within 3 days of such decision, and subsequently a request for review against the committee’s decision can be submitted to the county court, which shall assess such requests within 3 days (Article 79 to 85 of AEP).

In the case of a referendum held in a county/in the Capital, an appeal against the decision of the regional election committee may be lodged with the National Election Committee within 3 days of such decision, and subsequently a request for review against the committee’s decision can be submitted to the Supreme Court, which shall make a decision of  such requests within 3 days (Article 79 to 85 of AEP). In the judicial review procedure it is compulsory to provide representation by counsel (Article 84(1) of AEP).

After the expiry of the deadline for legal remedy without any lodged appeals, or in the case of remedy, after the completion of the procedure, the chairman of the election committee must immediately inform the mayor about the findings of the signature verification (or, in the case of a referendum at a county level, the chairman of the county assembly; in the case of a referendum held in the Capital, the mayor of the Capital) (Article 137(1) of AEP).

The signature-collection sheets must be destroyed 30 days after checking the signatures, or the termination of the remedial procedure (Article 137(2) of AEP).

Last modify: 2009.04.09.