Repealed by Resolution 6/2008. (II. 25.) OVB

The National Election Committee, acting within its competence as defined in Section 34 (2) a) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

on voting with a mobile ballot box, as regulated in Section 61 (3) of the Ve., to establish uniform legal practice:

According to Section 71 (1) of the Constitution, parliamentary representatives, members of local government representative bodies, mayors, and the mayor of the capital city are elected by voters on the basis of universal and equal suffrage, by direct and secret ballot. According to Section 1 of Act XXXIV of 1989 on the election of parliamentary representatives, suffrage is universal and equal, and voting is direct and secret.

In accordance with Section 3 of the Ve., in the application of the rules of the electoral procedure, the participants concerned in the election must enforce the fundamental principles of preserving the integrity of the election, preventing electoral fraud; equal opportunities for candidates and nominating organizations, and the exercise of rights in good faith and for their intended purpose.

Section 61 (2) of the Ve. states that voting can only be done in person, and - with the exceptions mentioned in this Act - only in the polling station designated according to the voter's place of residence. Paragraph (3) provides an exemption from the mandatory voting in the designated polling station, stating that in order to enable a voter with a mobility impairment to vote, the vote counting committee shall visit them with a mobile ballot box at their request.

According to Section 61 (4) of the Ve., the polling station cannot be closed during the voting period, and the voting cannot be extended or - with the exception of an extraordinary event - suspended. If the number of members of the vote counting committee falls below three on the day of the vote, or the vote becomes impossible due to an unavoidable external cause, those present are obliged to suspend the vote immediately, to seal the ballot box and the documents, and to notify the head of the local election office of the fact of the suspension without delay in order to ensure the legal continuation of the vote.

According to Sections 64 (1) - (2) of the Ve., the vote counting committee shall inspect the condition of the ballot boxes in the presence of the first voter before the start of the vote. The ballot boxes must be sealed in the presence of the first voter in such a way that no ballot paper can be removed from them without dismantling the ballot box. After this, the vote counting committee shall place a control sheet in the ballot box, which contains the time of placement of the control sheet and the signatures of the present members of the vote counting committee and the first voter.

According to Section 72 (3) of the Ve., before opening the ballot box, the vote counting committee shall check the integrity of the ballot box, open the ballot box, and verify the presence of the control sheet.

Model 8 of Annex 7 of Decree 9/1998. (II.20.) BM. contains the register (hereinafter: register) of those requesting a mobile ballot box, which is authenticated by the signature of the president of the vote counting committee.

According to Section 66 (2) of the Ve., the vote counting committee shall establish the identity of the person wishing to vote and whether they are on the voter register, based on an identification document suitable for establishing identity and address. The vote counting committee shall register a voter who: a) has a certificate, b) certifies that their address is in the area of the polling district, provided that they are not on the register of adult citizens without the right to vote. According to paragraph (3), the vote counting committee shall refuse a voter who cannot properly prove their identity and address, or who - in the absence of legal conditions - cannot be registered in the voter register. The vote counting committee shall keep a list of these persons.

According to Section 67 (1) of the Ve., if there is no obstacle to voting, the vote counting committee shall hand over the ballot paper to the voter, which it shall stamp with an official seal in the presence of the voter. According to paragraph (2), if necessary, the vote counting committee shall explain the method of voting - without influencing the voter. Paragraph (4) stipulates that the voter shall confirm the receipt of the ballot paper with their own signature on the voter register. In place of a voter who is unable to write - with this fact indicated - two members of the vote counting committee shall sign the voter register.

According to Section 68 (1) of the Ve., a voting booth is available to the voter for filling out the ballot paper. The voter cannot be obliged to use the voting booth. According to paragraph (2), only the voter may be in the voting booth while the ballot paper is being filled out. A voter who is unable to read, or who is hindered from voting by a physical disability or other reason, may use the assistance of another voter - or, in the absence thereof, the joint assistance of two members of the vote counting committee.

The position of the National Election Committee is that voting with a mobile ballot box is an exceptional case of voting outside the polling station and is intended solely to ensure the voting of a voter with a mobility impairment at the time of the elections. The execution of voting with a mobile ballot box cannot hinder the process of voting in the polling station in any way. It does not constitute an extraordinary event for which voting should be suspended, and it cannot result in the vote counting committee losing its quorum.

Requests for a mobile ballot box, as there are no legal restrictions on the submission of such requests, must be fulfilled in accordance with local capabilities. The requests must be submitted to the vote counting committee, and only the vote counting committee can order the use of a mobile ballot box for a given request; the two acting members are not authorized to do so. A register must be used for voting with a mobile ballot box, which must include the voters entitled to participate in voting with a mobile ballot box before the start of this voting.

In the opinion of the National Election Committee, the rules for voting must also apply to voting with a mobile ballot box. Thus, in the case of voting with a mobile ballot box, only a voter who is on the voter register can vote. Before ordering voting with a mobile ballot box, the vote counting committee must determine whether the voter interested in voting with a mobile ballot box is on the voter register. If there is no obstacle to voting, the members acting on behalf of the vote counting committee shall hand over the ballot paper to the voter who is - actually and verifiably - mobility impaired. The acting members may take with them a maximum of twice as many pre-stamped ballot papers for voting with a mobile ballot box as there are voters on the mobile ballot box register. The voter shall confirm the receipt of the ballot paper with their own signature on the register. In place of a voter who is unable to write - with this fact indicated - two members of the vote counting committee shall also sign the mobile ballot box register.

The enforcement of the principle of the integrity of the elections can be assisted if voting with a mobile ballot box is carried out by two members of the vote counting committee with opposing interests.

During voting with a mobile ballot box, the obligation to ensure secrecy adapted to local circumstances does not require the installation of a voting booth, and therefore the absence of a voting booth does not constitute a violation of the rules of the election, especially the principle of secret ballot. According to the legal provisions, a voter cannot be obliged to use a voting booth, and secrecy can also be ensured without the use of a voting booth - taking into account the justified and fulfillable wishes of the voter concerned.

Budapest, 2 April 2002

Dr. Lajos Ficzere
President of the National Election Committee
elnöke