Repealed by Resolution 2/2007. (III. 19.) OVB

The National Election Committee, acting within its competence laid down in Section 34 (2) a) of Act C of 1997 on the electoral procedure (hereinafter: Ve.), issues the following

resolution

The National Election Committee (hereinafter: OVB), while fully maintaining the provisions of Resolution 11/1998. (V. 18.) OVB on the same subject, at the same time, with regard to certain issues concerning badges, pins, flags, and other symbols that can be used in the official premises of the election bodies (including in particular the polling stations) and by their members, takes the following position.

According to Ve. Section 21 (1), election committees are independent bodies of voters, subordinated exclusively to the law, whose primary task is to establish the election result, ensure the integrity and legality of the elections, enforce impartiality, and, if necessary, restore the legal order of the election. According to Section 30 (2) a), the ballot-counting committee is responsible for the legal conduct of the voting.

Ve. Section 35 (1) provides that election offices are bodies that perform state tasks related to the preparation, organization, and conduct of elections, the neutral provision of information to voters, candidates, and nominating organizations, the management of election data, the creation of technical conditions, and the checking of the existence of legal conditions and compliance with professional rules.

According to Ve. Section 41: "Violation of the campaign silence includes influencing the voting will of voters, in particular: services provided free of charge to voters by the candidate or the nominating organization (organized transportation for voting, giving food and drink), distributing party badges, flags, party symbols, objects containing the candidate's photo or name, placing an election poster (hereinafter: poster), providing information suitable for influencing the voting will electronically or by other means."

Based on Ve. Section 62 (1), the polling station cannot be in a building used by a candidate or a nominating organization. According to Section 65 (2), the president of the ballot-counting committee is responsible for maintaining order in and around the polling station on election day; their measures to maintain order are mandatory for everyone.

The Constitution of the Republic of Hungary Section 76 (1) stipulates that the flag of the Republic of Hungary consists of three horizontal stripes of equal width in red, white, and green.

Act LXXXIII of 1995 on the use of the national symbols of the Republic of Hungary and the name referring to the Republic of Hungary provides in Section 5/A (1) a) that the flag or banner must be permanently flown or raised on or in front of those public buildings that are used by the elected bodies of the state and local governments, their administrative bodies, and institutions maintained by the state or local governments that perform public tasks in the course of their duties.

In view of the above, during the campaign silence period, the distribution of party badges, flags, symbols, and objects containing the candidate's name or photo is suitable for influencing the voting will of voters and is therefore prohibited for everyone. The members of the election committees and election offices (hereinafter together: election bodies) have a special duty and responsibility to legally conduct the elections, and accordingly, the members of the election bodies may not use, distribute, or wear badges, flags, or symbols not permitted by the laws during the campaign silence period.

These badges, flags, and symbols may not be used in the official premises of the election bodies (including in particular the polling stations). However, those symbols that can be used in the official premises of the election bodies (including in particular the polling stations) based on the relevant legal provisions during the campaign silence period do not fall within the scope of the above prohibition.


Budapest, April 2, 2002.

Dr. Lajos Ficzere
President of the National Election Committee