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

resolution

adja ki:

According to Section 3 of Act XXXIV of 1989 on the election of parliamentary representatives (hereinafter: Vjt.), the exercise of the right to vote is based on the voter's free will.

Pursuant to Section 12 of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), the head of the local election office, after the election has been called, compiles a register of citizens with the right to vote for each polling district based on the data of the personal data and address register and the register of adult citizens without the right to vote, and continuously updates the changes on it.

Section 13 of the Ve. provides as follows:

(1) Persons with the right to vote who have their place of residence (hereinafter: address) in the polling district must be included in the register.

(2) The register must be compiled in such a way that it is suitable for identifying the capital, county, settlement, or constituency, polling district, and voter. The register contains the voter's:

a)family and given name (for women, also their maiden family and given name),

b)personal identifier,

c)address,

d)serial number in the register,

e)date of birth for voters with the same name and address, and other natural personal identification data if these are the same.

According to Section 61 (3) of the Ve., a voter with limited mobility - upon request - is visited by at least two members of the ballot counting committee with a mobile ballot box within the jurisdiction of the ballot counting committee in order to enable them to vote, and if they wish to vote with a certificate, they are included in the register. The voter may request the mobile ballot box in writing from the head of the local election office, or on the day of the vote from the ballot counting committee. The ballot counting committee of the voter's place of residence is competent to conduct the mobile ballot box voting, and in the case of a voter voting with a certificate, the ballot counting committee designated according to Section 10 (2) is competent with jurisdiction extending to the entire settlement. The inclusion of a voter with limited mobility and voting with a certificate is subsequently checked by the ballot counting committee designated according to Section 10 (2).

Based on Section 66 of the Ve.:

(1) Only voters whose names are on the register may vote in the polling station.

(2) The ballot counting committee - based on a document suitable for establishing identity and address - establishes the identity of the person wishing to vote and whether their name is on the register.

(3) The ballot counting committee may not add a voter to the register. The ballot counting committee designated for voting with a certificate shall add a voter to the register who has a certificate for the settlement.

(4) The ballot counting committee shall refuse a voter who

a)cannot properly prove their identity and address,

b)is not on the register and

ba)does not have a certificate,

bb)has a certificate, but does not request to be added to the register at the ballot counting committee designated for voting with a certificate.

(5) The ballot counting committee keeps a list of voters whose inclusion in the register has been refused.

Section 89 (1)-(10) of the Ve. provides as follows:

(1) A voter who is away from their address but within the territory of Hungary on the day of the vote may request to be added to the register of the local election office of the settlement where they are on the day of the vote - or its ballot counting committee on the day of the vote - with a certificate requested from the head of the local election office of their address. Based on the certificate, the voter may vote in the Hungarian settlement where they are. The purpose of requesting a certificate may not be to influence the election result by abusing the right.

(2) A certificate can be issued no later than the second day before the first round. A certificate can be requested in person or through an authorized representative. The certificate can also be requested by registered mail, provided that it arrives at the competent local election office no later than the 5th day before the first round. The certificate requested by letter must be sent to the voter to the Hungarian address they have indicated with a return receipt.

(3) To issue the certificate, the person requesting the certificate must provide their name, personal identifier, address, the name of the settlement where they will be on the day of the vote, and state whether they are requesting the certificate for the first, second, or both rounds.

(4) The head of the local election office shall indicate the voter's name, personal identifier, address, the designation of the constituency of their address, the settlement where the voter wishes to vote, the designation of the constituency, and the address of the polling station designated for voting with a certificate.

(5) When issuing the certificate, the head of the local election office of the address shall record the voter in a separate register, simultaneously delete them from the register, and indicate on the register - and also on the register for the second round if the certificate is only for the first round - the designation of the settlement and constituency to which the certificate applies, and send the separate register to the National Election Office after the deadline specified in paragraph (6) has expired. The receipt of the certificate is acknowledged by the signature of the voter or the person they have authorized for this purpose.

(6) Until the third day before the first round of the election, the head of the local election office shall - simultaneously with the withdrawal of the issued certificate - re-enter in the register the person who was deleted from it due to the issuance of a certificate, upon their request. The voter may request to be re-entered in the register of their place of residence once.

(7) Based on the certificate and a document suitable for proving identity and address, the head of the local election office of the place of stay or the ballot counting committee designated for voting with a certificate shall add the voter to the register and also to a separate register. The certificate must be withdrawn from the voter - with the exception of the case specified in paragraph (8) - and it and the separate register must be kept among the election documents.

(8) If the certificate is for both election rounds, in the first round of the election, the head of the local election office or the ballot counting committee designated for voting with a certificate shall indicate the fact of the voter's inclusion in the register on the certificate and stamp the certificate. The certificate for both election rounds must be returned to the voter in the first round.

(9) In the second round of the election, a voter who has received a certificate for the first (or both) rounds may only be added to the register and vote if the first round of the election was invalid or inconclusive in the constituency to which the certificate applied. The validity and conclusiveness of the election must be examined separately for the individual constituency and the territorial list election.

(10) In the second round of the election, a voter who has received a certificate exclusively for the second round of the election may only be added to the register and vote if the first round of the election was invalid or inconclusive in the constituency of their place of residence. The validity and conclusiveness of the election must be examined separately for the individual constituency and the territorial list election.

According to Sections 36-37 of Government Decree 168/1999. (XI. 24.) on the issuance and registration of identity cards, a citizen serving a prison sentence, a person under compulsory medical treatment, a person under temporary compulsory medical treatment, and a person in pre-trial detention must hand over their permanent identity card to the correctional facility or the authority carrying out the pre-trial detention. A citizen in custody or serving a detention or detention replacing a fine must hand over their permanent identity card to the authority carrying out the custody or detention.

According to Section 28 of Act CVII of 1995 on the correctional organization:

(1) A local register of the detainee is kept by the correctional authority holding the detainee, and a central register by the National Command.

(2) The register extends to:

a)the detainee's personal identification data, Social Security Identification Number, and photograph;

b)their address;

c)the personal identifier of the detainee without the right to vote;

d)the data and documents necessary for the correctional organization to carry out its tasks as defined in this Act during the execution and for the detainee to exercise their rights;

e)the documents created in the criminal procedure or other - judicial, prosecutorial, notarial, public administration - procedure related to the detainee that must be sent to the correctional organization based on the provisions of the law.

According to Section 77 (1) of Act XXXIV of 1994 on the Police (hereinafter: Rtv.), in the course of performing its duties, the police

a)manage personal data necessary for performing crime prevention and crime fighting (hereinafter together: crime fighting) duties,

b)manage personal data necessary for performing law enforcement and border policing duties,

c)manage the personal data of those participating in the administrative procedure conducted by it.

According to Section 81 of the Rtv., the police manage the personal identification data of the natural person affected by the measure - in the case of a non-Hungarian citizen, also their citizenship -, their address, data related to the case, and in data management for crime fighting purposes, criminalistic data related to the crime. The Police may use identification codes based on the provisions of the law.

The National Election Committee establishes that detainees with the right to vote may exercise their right to vote if - if necessary - they have the certificate specified in Section 89 of the Ve., and the document suitable for establishing identity and address according to Section 66 (2) of the Ve. is available at the detention facility, or the identity of the person wishing to vote can be established beyond any doubt by the correctional facility or the police based on the laws referred to above.

Dr. Lajos Ficzere

President of the National Election Committee
elnöke

* Text established by the 5/2010. OVB resolution