19/2002. resolution number
19/2002. (IV. 18.) OVB resolution - on certain issues of the secret of the vote*
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 71 (1) of the Constitution, members of the Parliament, representatives of the European Parliament, local government representatives, as well as the mayor and the metropolitan mayor of the capital are elected by voters on the basis of universal and equal suffrage, by direct and secret ballot.
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.
Section 3 a)-f) of the Ve. provides as follows:
"In applying the rules of the electoral procedure, the participants in the election must give effect to the following fundamental principles:
a) safeguarding the integrity of the election, preventing electoral fraud,
b) voluntary participation in nomination, election campaign, voting,
c) equal opportunities between candidates and nominating organizations,
d) good faith and proper exercise of rights,
e) possibility of legal remedy and its impartial adjudication,
f) quick and reliable determination of the election result."
According to Section 41 of the Ve., influencing the voters' will is considered a violation of the campaign silence, including in particular: free services provided to voters by the candidate or nominating organization (organized transport to the polling station, providing food and drinks), distributing party badges, flags, party symbols, objects containing the candidate's photograph or name, placing election posters (hereinafter: posters), providing information capable of influencing the voters' will by electronic or other means.
Sections 45 (1)-(3) of the Ve. state:
"(1) The central body managing the register of personal data and addresses of citizens shall provide the family and given name and address of the voters on the register to the candidates and nominating organizations upon their request, for a fee, under the same conditions, after the 20th day before the day of the vote. The service can also be requested grouped by gender, age, or address.
(2) The head of the local election office shall provide a copy of the publicly displayed register to the candidate or nominating organization upon their written request, for a fee, under the same conditions, after the 20th day before the day of the vote - broken down by polling district at most.
(3) The data provided under paragraphs (1)-(2) may be used exclusively for the purpose of the election campaign. Their use for any other purpose, or their transfer to an unauthorized person, organization, other candidate, or nominating organization is prohibited. The data of the data provision must be destroyed on the day of the vote, and the report on this must be handed over to the data provider within three days."
According to Section 59 (1) and (3) and Section 60 of the Ve., it is forbidden to make copies of the recommendation slips. A technical register kept for the purpose of determining the validity of the nomination is not considered a copy. The recommendation slips and the technical register are destroyed by the competent election office on the day of the vote. The candidate must destroy the unsubmitted recommendation slips within three days after the deadline for their submission has expired, and must prepare a report on this. The report must be handed over to the election committee within three days.
Based on the referenced legal provisions, the National Election Committee establishes that the voter register on the day of the vote serves exclusively to ensure the exercise of the voters' right to vote and to control the proper exercise of rights. The voter register cannot be linked to any other registration system.
It constitutes a serious violation of the fundamental principle of secret ballot enshrined in the Constitution, as well as the fundamental principles defined in Section 3 of the Ve. - especially the principle of voluntary participation in voting and the principle of good faith and proper exercise of rights - if anyone makes available data from the voter register that relates to the identity of voters who have exercised their right to vote or are entitled to vote but have not yet appeared.
Based on this, any behavior that provides information about the mentioned data in any way (telephone, other telecommunication device, etc.) to unauthorized bodies, organizations, or persons is prohibited.
Budapest, April 18, 2002.
Dr. Lajos Ficzere
President of the National Election Committee
elnöke
* Text established by the 5/2010. OVB resolution
