Repealed by Resolution 1/2007. (III. 19.) OVB

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

resolution:

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According to Section 4 (1) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), "The election must be scheduled at least 72 days before the day of the vote."

According to Section 11 of the Ve., "From the scheduling of the election until the day of the vote, the boundaries, serial numbers of settlements, constituencies, and polling stations, as well as settlement names, street names, house numbers, and cadastral numbers cannot be changed."

According to Section 102 (1) of the Ve., "The head of the local election office shall determine the serial numbers and territory of the individual constituencies based on the population as of January 1 of the year of the election."

According to Section 59 (2) of Act LXIV of 1990 on the election of local government representatives and mayors (hereinafter: Övjt.), "For the purpose of determining the number of members of the representative body of a settlement and a local minority government, the number of the population must be determined based on the data of the local body of the personal data and address register on the 60th day preceding the day of the vote."

During the adoption of the Ve., the harmony between the quoted sections of the Övjt. and the Ve. was not created.

The National Election Committee starts from the position that the right to vote is a fundamental constitutional right. The existence of legal conditions to ensure its good-faith exercise is an essential component of legal certainty as required by the practice of the Constitutional Court.

According to the position of the National Election Committee, in view of the above requirement, a substantive change in a constituency - and in particular a change in the territory of the constituency, or a change in the number of mandates to be obtained - cannot take place after the elections have been scheduled, which means that the referenced provisions of the Ve. shall apply among the quoted legal regulations.

Dr. Lajos Ficzere
President of the National Election Committee
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