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2/2010. resolution number

2/2010. OVB resolution on how to submit objections and appeals*

The National Election Committee - at its meeting held on March 4, 2010 - acting within its competence laid down in Section 90/A (4) a), Section 99/K (5) a), Section 105/A (4) a), Section 115/I (8) a), Section 115/P (5) a), Section 124/A (3) a), Section 131/A a), and Section 143/A (4) of Act C of 1997 on the Electoral Procedure (hereinafter: Ve.), issues the following

resolution

.

Section 77 (1) of the Ve. contains the following:

"Anyone may file a complaint by citing a violation of the legal regulations applicable to the election, or the fundamental principles of the election and the electoral procedure (Section 3) (hereinafter collectively: legal violation). The complaint must be submitted in such a way that it arrives no later than 2 days from the commission of the alleged legal violation. The election committee shall decide on the submitted complaint within 2 days from its receipt - in case of transfer, from its receipt by the election committee authorized to handle it."

Section 77 (2) of the Ve. contains the following:

"The complaint must contain

a) the designation of the legal violation,

b) the evidence of the legal violation,

c) the name, address (headquarters), and - if different from the address (headquarters) - postal notification address of the person submitting the complaint,

d) the fax number or email address, or the name and fax number or email address of their delivery agent, as chosen by the person submitting the complaint."

Section 77 (5) of the Ve. contains the following:

"If the complaint is late, or does not contain the provisions of paragraphs (2) a)-c), the complaint must be rejected without a substantive review. ..."

Section 80 (4) of the Ve. contains the following: "The appeal must contain

a) the basis of the appeal according to Section 79 (2),

b) the name, address (headquarters), and - if different from the address (headquarters) - postal notification address of the person submitting the appeal,

c) the fax number or email address, or the name and fax number or email address of their delivery agent, as chosen by the person submitting the appeal."

Section 81 (2) of the Ve. contains the following:

"The appeal must be rejected without a substantive review if it is late, was not submitted to the election committee according to Section 80 (1), or does not contain the provisions of Section 80 (4) a) and b). ..."

Section 85 of the Ve. contains the following:

"The provisions of this chapter shall also be applied to legal remedies related to the compilation of the voter register, the media campaign, and the determination of the result, with the deviations contained in Section 20/E, Section 44/A, and Section 73, respectively."

The provisions defining the formal and substantive requirements for complaints and appeals to be handled by election committees and election office heads do not contain rules on the method of submitting legal remedy applications, therefore they can be sent in writing to the authorized decision-maker in the form chosen by the applicant - in person, by post, by fax, or by email.

This resolution does not apply to legal remedy applications to be handled by the courts or the Constitutional Court.

Dr. Péter Szigeti
President of the National Election Committee
elnöke

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