1/2021. NVB guidance [1]

Invalid

The National Electoral Committee 1/2014, 3/2014, 8/2014. and 13/2014, NVB's guidance,

in addition

4/2014, 5/2014, 6/2014, 9/2014, 10/2014, 14/2014, 15/2014, 16/2014, 1/2018, 2/2018. and the 3/2018. NVB Guidelines Corresponding

The National Electoral Committee Act XXXVI of 2013 on Electoral Procedure (1) (hereinafter: Ve.

in guidance

give out:

Decree 1/2014 on the recommendation sheets and the recommendation process. Modify NVB Guideline

1.1. The following provision is replaced by point 3 of the guideline:

„3. A self -signed signature is an essential prerequisite for the validity and credibility of the recommendation. The other data can be led to the referral sheet differently in the presence of the recommendation voter.

Voters who are incapable of signing his name (eg physical disabilities, blind, or visually impaired, illiterate) can be signed by the head of the electoral agency, a member, and a court or notary. The voter's sign is the head or member of the electoral agency as an official - Considering the requirements specified in Article 123 (2) (d) of Ve. - as well as the court or the notary. ”

1.2. The following provision shall be replaced by point 4 of the Guideline :

„4. Pursuant to Article 124 (1) of the Ve. According to the National Electoral Committee, it is possible to submit a referral sheet after the candidate has been notified, but at the latest, the candidate shall be handed over to the electoral office until the time limit available to the candidate. In the event of failure to do so, in accordance with Article 124 (2) of the Ve. within the time limit set out in Article 124 (4) of Ve. imposes a fine. An exception to this rule is the recommendation sheets containing no recommendation, which may be returned on the day following the deadline for notification without obligation to pay a fine. However, a fine must be fined after the recommendation sheets that do not contain any recommendation. ”

1.3. The Ve of Article 120 (2); Article 121 (2); Article 122 (2) and (6); Article 124 (2) and (4); Article 126 (1)-(2), Article 127 (3), 252 (1) of Article 253 (1); 307/g. (3); Article 338 (1) is replaced by the following provisions:

“120. § (1) A candidate can be recommended in a referral.

(2) The recommendation sheet is a voter who intends to start as an independent candidate or the final registration Nominee organization may request from the electoral office with the competent electoral committee to register the candidate after the election has been made. ”

“121. § (2) The electoral office immediately after its request, but earliest before the vote fiftieth day pass the claimant or a voter who intends to start as a candidate to the quantity of referral sheets. The electoral agency provides all referrals with a unique identifier. ”

“122. § (2) The recommendation sheet must be led to the recommendation of the recommendation name, personal ID, Hungarian address . The referral sheet is signed by the recommendation voter.

(6) On the referral sheet the person collecting the recommendation indicates the number of official IDs to justify your name, your personal ID or your identity and signature. ”

“124. § (2) The voter who intends to run as an independent candidate or the nominee organization intending to nominate the candidate shall provide the electoral office within the deadline available to the electoral office. In the event of failure to do so, the electoral committee responsible for registering the candidate shall impose a fine from ex officio. The amount of the fine after each undelivered recommendation sheet thousand forints .

4. The electoral committee shall decide on the imposition of the fine within eight days of the deadline for paragraph 2. ”

“126. § (1) The recommendation is valid if

(a) the recommendation voter to recommend a candidate in the constituency at any time between the date of issue and submission

b) The data of the recommendation voter on the referral sheet, except for the signature, are the same as the voting list data,

(c) The recommendation meets the requirements of Article 122.

(2) Not a reason for invalidity if the recommendation voter

a) For the following reason, the data of the central list or citizens' personal and address data, the central travel document register, or the driver's license register, may not be identified, but the identity of the voter is undoubtedly determined:

aa) accents,

ab) a spelling difference,

ac) A geographical name for a foreign language,

ad) to enter data in other language,

ae) Leaving one of the first time, "dr." Abandoning or indicating a mark, indicating the abbreviation of the younger, older, widow or other prefixes, or these prefixes,

(b) in his address, the name or character of the settlement, the name or character of the public space, provided the name of the vote list, but the address can

(c) In his address, he did not indicate the stairway, floor, door, or differs from the data in the polling list. ”

“127. Odu and, at his request, the candidate .”

“252. § (1) An individual constituency candidate at the latest before the vote thirty -seventh to be announced on the day. ”

“253. § (1) the national list no later than the pre -vote thirty -sixth to be announced on the day. ”

“338. § (1) List no later than the pre -vote thirty -seventh to be announced on the day. ”

1.4. The provisions of the Ve. Introduced in the Guideline are supplemented with Article 123 (2) (d) of Ve.

“(2) No Recommendation:

(..)

(d) in the official room of state, local and minority self -government bodies, ”

1.5. Provisions of Ve § 128 of the Ve. (3), since its content is not relevant to the interpretation of the law.

2. Government Decree 3/2014. Modify NVB Guideline

2.1. Of the provisions of Ve. 143/A. § The following paragraph (3) is added:

(3) The publication of a public call for transport to the polling station shall be considered a call, public communication or poster that calls for a voting room, promotes or promotes a means of transporting a voting room. The call for transport to the polling station is considered to organize transportation to the polling station and to produce and publish a computer application to organize the voting space. ”

2.2. The second paragraph of the guidance is replaced by the following provision:

“Given that Article 142 of Ve. 142 is under the same title, according to which“ [n] EM is considered to be an election campaign, personal communication between citizens as individuals, regardless of its content and form, Constitutional Court, courts, local governments and other state bodies The activity performed in their statutory tasks is necessary to interpret that Ve. 143/A. (2) of the Act covers the electoral bodies. ”

2.3. The third paragraph of the guidance is replaced by the following provision:

„A and. 3. § 15 According to the Election Body: The Election Commission and the Election Office. ”

3. 8/2014. Modify NVB Guideline

3.1. Of the provisions of the Ve.

„5. § (4) The Foreign Member Observer registered by the National Electoral Committee may be present at the work of the Foreign Member Election Office .

3.2. The provisions of the Ve.

„69. § (6) If any polling station designated in accordance with Article 78 of the local electoral office has not been closed at the latest within thirty minutes of the end of the vote, the president of the National Electoral Office shall inform the Government Office to initiate disciplinary proceedings under the Local Government of Hungary. ”

3.3. Of the provisions of the Ve.

„139. § (1) The election campaign period lasts from the 50th day before the day of the vote to the end of the vote. ”

„272. § (1) If no voter may vote at the foreign mission until the hour before the end of the vote, the first voter may be a member of the Foreign Mission Election Office.

(2) The vote shall be closed before the date set out in Article 269 (2) if all voters on the foreign mission list cast their votes. ”

„344. § With the exception of the number of voters appeared in the vote Information data containing the non -authentic result of the election and the election result can only be published after the vote has been completed in all Member States of the European Union. ”

3.4. The last paragraph of the guideline justification is replaced by the following paragraph:

“Ve. In accordance with the above, the results of Exit Poll polls can be disclosed from 7pm, while electoral offices can only publish the choice non-authentic Information containing its result that the vote has been completed in all polling stations, so the voters' will of voters who are still voting after the election are not influenced by the official data published too early. ”

4. Decree 13/2014. Modify NVB Guideline

4.1. Of the provisions of the Ve.

„139. § (1) The election campaign period lasts from the 50th day before the day of the vote to the end of the vote. ”

4.2. The third paragraph of the justification is replaced by the following paragraph:

„A and. 139. § (1) According to the 50th day before the vote, the electoral campaign lasts on the day of the vote to the end of the vote. According to the National Electoral Committee, the electoral campaign cannot be continued outside this period under the legal provisions referred to in the election campaign period: the use

5. Overcome

5.1. 4/2014. NVB guidance ,

5.2. 5/20 on certain issues of checking recommendations 14. NVB guidance,

5.3. 6/2014. NVB guidance,

5.4. About the validity of voting documents and from the central list 9/2014. NVB guidance,

5.5. 10/2014. NVB guidance ,

5.6. the nationality self -government representatives Government Decree 14/2014. NVB guidance,

5.7. 15/2014. N VB guidelines,

5.8. Government Decree 16/2014 NVB guidance ,

5.9. is needed for the national listing The impact of the reduction in the decrease in heavenly individual constituency candidates is 1/2018 on the national list. NVB guidance,

5.10. 1/2014, 4/2014, 5/2014, 6/2014, 7/2014, 10/2014. and 11/2014. 2/2018. NVB guidance and

5.11. 5/2014. 3/2018. NVB guidance.

6. The guidelines shall enter into force on the day after the date of implementation.

7. This NVB Guidelines shall be implemented with the entry into force of each amendment provisions and repealed provisions, so that the day following the establishment is implemented, this guidance shall be repealed without further decision.

8. The National Electoral Office publishes the uniform text of the guidelines affected by the amendment on the date of entry into force on the official website of the elections.

Justification

General justification

By the National Electoral Committee Following the review of January 30, 2018, the Ve. As a result, the National Electoral Office repeatedly reviewed the guidelines on the basis of its duties in Article 75 (1) (c) of the Ve.

Detailed justification

To point 1

Supplementing points 3 and 4 of the operative part contains a clarification provision. Point 3 also states that the signature by the head of the electoral office does not provide an opportunity for signatures in the office of the electoral office, which is typically the seat of the local government and the mayor's office. However, this is not a novel, the collection of signatures in the office of state, local and national government authorities has been prohibited since the Ve. Point 4 calls for a rule for the date of the decision, which came into force on 1 September 2018.

In addition, the amendment shall enforce the provisions of Ve.

To point 2

As of September 1, 2018, 143/A interpreted in the Guideline. § added to a new paragraph (3), which is justified to include in the guidelines. In addition, the amendment of § 142, cited in the second paragraph of the justification, was transmitted to 28 December 2018, and the provision of the concept of the Ve.

To point 3

The clarification of the summons of Article 5 (4) of the Ve.

Supplementing the reasoning of the guideline does not result in a change in content, clarification.

To point 4

The transfer of the change of § 139 of September 1, 2018 to the Guideline.

To point 5

5 vben). Thus, if the name of the nominee organization changes during the election procedure, the name change does not affect the status of the nominee or the candidate and the list, but after issuing the first referral, the name of the nominee organization appears cannot be transmitted, the nomination organization is previously known as the election procedure.

As the legislator clearly regulated the issue of the name change of the nominee by modifying the Ve.

5.2 The provisions of Article 126 (2)-(3) and 127 (3) of the Ve. implementation. In the case of the KCR address change before the set, the duration between the setting and the start of the recommendation is usually sufficient to deliver new address cards. Based on all of this, the repeal of the guidelines is justified.

5.3 The text of Article 278 (5) of Ve. Ve. It allows the voter in the list of voters to vote by letter on the deferred mission designated in accordance with Article 277 (2) (c) of the Ve. Based on all of this, the repeal of the guidelines is justified.

5.4 Section 289 (3) (g) of the Ve. CLXVII (hereinafter referred to as "Mode" Act), it is amended by Article 67 (k), so in the same way as the voter has already issued a vote document, the voting document of the voting or invalid voting will be invalid. Pursuant to Article 97 (1) (b) (7) to (8) of the Ve.

Based on all of this, the repeal of the guidelines is justified.

5.5 In the election of Members of Parliament, the legislator, with the amendment of Article 252 (2) of Ve. Dejé a -2. day before the vote. changed to the day. Based on all of this, there is enough time for the electoral offices to deliver their decision to review requests for the voters concerned, so the guidelines are repealed.

5.6 A CLXXIX of 2011 on the Rights of Nationalities The provision of Article 56 of Act No. 56 of the Act has significantly redesigned the rules for settling the nationality self-government election and set up a multi-stage system that is only partially based on the census data.

A 479/2020. (XI. 3.) Government Decree 9/C. (CI 2018. Unlike the Act of 20021, the census of 2021 will take place in 2022. THE 388/2017. (XII. 13.) Government Decree 362/2020. (VII. 23.) Government Annex 1.7. of the Act on the content of the nationality data, but there is no question in the personal questionnaire. In the absence of knowledge of specific questions in the personal questionnaire, the guidance of the guideline to the rules of the nationality self -government election of 2024 shall not be carried out. If the personal questionnaires of the 2022 census are the same as those in the 2011 census questionnaire, then the mansion of the mansion is KVK.II.37.823/2014/3. of the decision, which, in line with the guidelines, provides for the considerations that allow direct identity identification.

5.7 A Mode. TV. Article 1 of the Act of 2010 on the Election of Local Government Representatives and Mayors (hereinafter referred to as "Övjt.") A modified Article 8 (1) of the Act. According to the ultimate proposition of the law, the text of the previous legislation could be explained purely grammatical, literally, so that a candidate could run in several counties in parallel. However, in the event of a plural election, he would have resulted in a representative voters at the same time, or in two places representatives could not have been able to perform their duties in both places due to geographical distance. Through the amendment - a correct report that corresponds to the previous jurisprudence and the guidelines, which also takes into account the systematic interpretation (can only be a candidate in one county) - is now clearly evident from the text of the legislation.

The mode. TV. § 26 The Ve. is a new 121/a. Of which the electoral office must refuse to issue the referral sheets in the event of a incompatible notation, so that the part of the guideline for the issuance is no longer compliant with the applicable regulation. Since the law is interpreted in the guidelines, the belt. Article 8 para. (1), it has been changed in accordance with the content of the guidelines, so the guideline has lost its role in helping the uniform interpretation and therefore its repeal is justified.

5.8 Section 326 (2) of the Ve. Contrary to the guidelines, it classifies the regional and national nationality list ballot papers that are outside an enclosed envelope or envelope. In addition, Government Decree 20/2019 on the election of local government representatives and mayors and the election of nationality self -government representatives on the detailed rules for the implementation of the tasks within the competence of the electoral offices and the forms to be used in the electoral procedure. (VII. 30.) IM Annex 25 also states that the Voting Counting Committee shall close the envelopes containing the ballot papers of the nationality self-government and the ballot papers outside the envelope. As the legislator regulates the issue of guidance, it is necessary to repeal it.

5.9 Losing the list and eh The general rules of legal consequences are defined in Article 138 of the Ve. As a rule, after the list is finalized, the candidate's loss will only be affected if all candidates are eliminated. Compared to this, Article 254 (3) of the Ve. Act XXXVI of 2018 on the amendment of the laws of each election. In accordance with Article 86 of the Act, the legislator, in Article 254 (3) of the Ve. In accordance with the guidelines of the NVB, the NVB provides for deletion of the list of the nominee organization in case the legal minimum required for the listing after the list of lists is not achieved due to the loss or distribution of one or more individual candidates. In this special case, the legal consequences set out between the general provisions of the Ve. Shall be applied, including the deletion of the register and the ballot paper. As the legislator regulates the issue of guidance, it is necessary to repeal it.

5.10. and 5.11. Modifying Guidelines have been integrated into modified guidelines A, their uniform text can be found on the official page of the elections, so their repeal is justified.

Budapest, November 3, 2021

Dr. András Téglási
the National Electoral Committee
president

[1] It was repealed in accordance with Decree 1/2021. Point 7 of the Guideline, November 5, 2021, 2021