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

on certain issues of the national referendum called by the Constitution:

a) According to Section 43 (2) of the Ve., state and local government budgetary bodies may provide premises and other necessary equipment for election campaign purposes to candidates and nominating organizations under identical conditions. It is prohibited to conduct an election campaign or hold an election rally in a building serving to house a state or local government authority, except in a settlement with fewer than five hundred inhabitants, provided that no other building for community purposes is available. According to Section 44 (1), during the campaign period, broadcasters may publish political advertisements for nominating organizations and candidates under identical conditions. It is prohibited to add opinions or evaluative explanations to political advertisements.

b) According to Section 45 (1) and (2) of the Ve., the central body managing the register of personal data and addresses of citizens shall provide the family name, first name, and address of the voters on the voter register to candidates and nominating organizations upon request, for a fee, under identical conditions, after the 20th day before the day of the vote. The service can also be requested grouped by gender, age, or address. The head of the local election office shall provide a copy of the voter register put on public display to the candidate or nominating organization upon their written request, for a fee, under identical conditions, after the 20th day before the day of the vote - broken down by polling district at most.

According to the common rule of Section 51 (1) of the Ve., a nominating organization that wishes to nominate a candidate or a list must be announced with an authentic copy of its court registration.

According to Section 123 of the Ve., regulated in Chapter XIII, the voter register must be put on public display 18 days before the day of the vote in a referendum. Voters must be informed about their inclusion in the voter register by sending a notification no later than the 16th day before the day of the vote.

c) According to Section 3 of the Ve., in the application of the rules of the electoral procedure, the participants concerned in the election must enforce, among other things, the following fundamental principles: the possibility of legal remedy and its impartial consideration, and the quick and authentic determination of the election result.

According to Section 6 (1) of the Ve., the operation and activities of election committees, as well as the data available to election committees - with the exception established by law - are public. The publicity of the electoral procedure may not violate the secrecy of the vote and the rights related to the protection of personal data. Paragraph (2) states that anyone can request the computerized data of the election under identical conditions, for a fee.

According to Section 74 (2) and (3) of the Ve., the minutes must be prepared in two copies, which are signed by the members of the election committee present, and one copy of the minutes, together with the corresponding resolutions, shall be handed over to the representatives of the candidates present - upon their request, free of charge - by the competent election committee. According to Section 75 (2), one copy of the minutes can be viewed at the competent election office within three days after the vote.

According to Section 73 (2) of the Ve., an appeal against the decision of the vote counting committee establishing the polling district result is only possible together with an appeal against the decision of the election committee establishing the election result.

According to Section 73 (4), an appeal against the decision of the election committee establishing the election result can be submitted by referring to:

a) the illegality of the decision of the vote counting committee establishing the polling district result, or

b) the violation of the rules for the aggregation of polling district results and the determination of the election result.

d) Based on Section 116 of the Ve., Chapters I-X, as well as Section 89 (1)-(7), and the provisions of Section 99/O. must be applied to the national referendum with the deviations contained in the present chapter.

According to Section 149g) of the Ve., for the purposes of the Ve., a nominating organization is: a party registered according to Act XXXIII of 1989 on the operation and financing of parties, as well as a social organization registered according to Act II of 1989 on the right of association.

Based on the above, the National Election Committee determines that in the case of a national referendum there is no nomination, candidate, or nominating organization, therefore, on it,

a) state and local government budgetary bodies may provide premises and other necessary equipment for all parties and social organizations registered and recorded in Hungary that wish to campaign in the referendum - with the restriction according to the second sentence of Section 43 (2) of the Ve. - under identical conditions; and broadcasters are obliged to publish the advertisements of all parties and social organizations registered and recorded in Hungary that wish to campaign in the referendum under identical conditions;

b) the central body managing the register of personal data and addresses of citizens, and the head of the local election office, must hand over the family name, first name, and address of the voters on the voter register, or a copy of the voter register put on public display - upon request, for a fee - to every party and social organization registered and recorded in Hungary;

due to the date of the public display of the voter register laid down in Section 123 of the Ve., the handover of the above data can only take place after the 18th day before the day of the referendum;

c) in order to ensure the substantial legal remedy against the referendum results, any voter, or any party and social organization registered and recorded in Hungary, can request a copy of the minutes recording the polling district result from the election committee.

Dr. Lajos Ficzere

President of the National Election Committee
elnöke

* Its text was established by Resolution 5/2010. OVB