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

According to Section 5 (2) of Act XXXIII of 1989 on the operation and financial management of parties (hereinafter: Ptv.), a party is entitled to state budget support according to the provisions of this act. 25% of the amount available for the support of parties from the state budget must be distributed equally among the parties that have won a mandate on a national list in the Parliament. The remaining 75% of the amount is due to the parties in proportion to the votes cast for the party or its candidates in the first valid round, based on the results of the parliamentary elections. A party that does not receive 1% of the votes of the voters who participated in the vote is not entitled to budget support. Sections 35 (1)-(3) of Act CXXXIII of 2000 on the budget of the Republic of Hungary for 2001-2002 (hereinafter: Ktv.) state: "(1) From the fund for the support of parties (Chapter I. Parliament, Title 7), the parties named therein shall receive support in proportion to the time, according to the provisions of Act XXXIII of 1989 on the operation and financial management of parties (hereinafter: Ptv.), until the last day of the month that includes the day of the termination of the representative's mandate in 2002. (2) Based on the provisions of paragraph (1), the Government is authorized to re-distribute the unspent appropriation for 2002 - in accordance with the provisions of Section 5 of the Ptv. (3) For the purpose of implementing paragraph (2), the National Election Committee shall communicate the distribution ratios laid down in Section 5 (2) of the Ptv. to the Ministry of Finance no later than 15 days before the deadline specified in paragraph (1), supported by authentic calculations." According to Section 34 (2) n) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), the National Election Committee (hereinafter: OVB) shall act in all matters that are referred to its competence by law. Paragraph h) of the same subsection states: the OVB shall determine, based on the nationally aggregated fractional votes, which candidates from the national lists have won a mandate. According to paragraph j), the OVB shall determine and publish the nationally aggregated results of the election. According to Ve. Section 55 (2), the competent election committee shall register every nominating organization, candidate, or list that meets the legal requirements - within three days of its registration.

Based on Ve. Section 95 (4), when a joint list is put up, it must be simultaneously declared which nominating organization nominated each candidate.

According to Ve. Section 98 (4), the OVB, based on the records of the individual constituency and territorial election committees, shall aggregate the fractional votes cast for the individual constituency candidates and the lists after their arrival, and shall determine, based on these, which candidates from the national lists have won a mandate.

According to the first sentence of Section 5 (6) of Act XXXIV of 1989 on the election of parliamentary representatives (hereinafter: Vjt.), three times as many candidates can be nominated on the territorial and national party lists as the number of mandates that can be won on the given list.

Based on the above legal provisions, the OVB finds that the provision in Ptv. Section 5 (2) regarding state budget support is substantively related to the provisions in Ve. Section 34 (2) h) and j), which lay down the OVB's powers.

Based on Ve. Section 55 (2), the nominating organization shall be registered regardless of whether it participates in the elections alone or jointly with another nominating organization by putting up a joint individual candidate, or a joint territorial and joint national list.

Taking into account the provision in Ve. Section 95 (4) as well, it can be concluded that the nominating organizations (parties) that put up a joint individual constituency candidate, or a joint territorial and national list, maintain their independence and remain independent parties in a legal and economic sense, i.e., the joint nomination list does not affect their organizational integrity.

According to Ve. Section 34 (2) n), the OVB shall communicate the distribution ratios laid down in Ptv. Section 5 (2), supported by authentic calculations, as determined by Ktv. Section 35 (3), to the Ministry of Finance.

If several parties put up a joint national list, and any of the parties participating in the joint national list wins a mandate in the Parliament on the joint national list, then the party that wins the mandate is entitled to budget support from 25% of the amount available for the support of parties, according to Ptv. Section 5 (2) - also taking into account Ve. Section 95 (4).

Ptv. Section 5 (1) stipulates that the remaining 75% of the budget support is due to the parties in proportion to the votes cast for the party or its candidates in the first valid round, based on the results of the parliamentary elections.

The OVB - with due regard to Ptv. Section 5 (2) - must determine the proportion of votes that each party and its candidates received in the first valid round based on the results of the parliamentary elections.

However, to determine the distribution ratios laid down in Ktv. Section 35 (3), supported by authentic calculations, it is necessary to determine - exclusively for the purpose of applying Ptv. Section 5 (2) - which party nominated each candidate in the case of a joint nomination.

In the case of a joint list, Ve. Section 95 (4) makes it mandatory - at the same time as the list is put up - to declare which nominating organization nominated each candidate. However, Ve. does not lay down such an obligation with regard to joint individual constituency candidates.

In view of the latter circumstance, the OVB can only fulfill its competence obligation defined by Ktv. Section 35 (3) in the case of joint individual constituency candidates if the jointly nominating organizations - in a manner analogous to that laid down in Ve. Section 95 (4) - make an official declaration as to which nominating organization (party) the joint individual constituency candidate belongs.

Therefore, the OVB can fulfill its competence obligation defined in Ktv. Section 35 (3) based on the provisions of Ve. Section 95 (4) and - in the case of a joint individual constituency candidate - the declaration specified above.

Based on the above, the OVB first determines the proportion of votes cast for the joint individual constituency candidates and the joint territorial lists in the first valid round.

Subsequently, it is possible to determine the election results of the parties that put up joint individual constituency candidates and joint territorial lists separately - exclusively for the purpose of applying Ptv. Section 5 (2). When determining the distribution ratio of the votes cast for the joint list - among the parties participating in the list nomination - all candidates on the joint list must be taken into account, also with due regard to the first sentence of Vjt. Section 5 (6). The distribution ratio of the votes cast for the joint candidates and joint lists among the jointly nominating or list-putting parties and their candidates - for the first valid round - can be determined based on the declaration laid down in Ve. Section 95 (4) and this resolution.