21/2006. resolution number
21/2006. (VII. 4.) OVB resolution on passive electoral rights in the municipal minority self -government election
The National Election Committee, acting within its competence laid down in Section 105/A (4) a) and Section 115/I (8) a) of Act C of 1997 on the electoral procedure (hereinafter: Ve.), issues the following
resolution
on the passive suffrage in the local minority government election.
According to Section 2 of Act CXIV of 2005 on the election of minority local government representatives and on the amendment of certain laws on national and ethnic minorities:
"(1) A person who is eligible to vote and be elected in the local minority government elections (hereinafter: minority voter) is someone who
a) belongs to a minority defined in the act on the rights of national and ethnic minorities, and accepts and declares their belonging to the minority,
b) is a Hungarian citizen,
c) has the right to vote in the election of local government representatives and mayors, and
d) is on the minority voter register.
(2) The minority voter may exercise their right to vote based on their free decision, in the settlement of their place of residence.
(3) The minority voter may exercise their right to be elected based on their free decision."
According to Ve. Section 115/J:
"(4) The local election committee checks the candidate's right to vote by requesting information from the head of the local election office with jurisdiction over the candidate's place of residence, who informs the local election committee whether the person declared as a candidate is on the minority voter register."
According to the National Election Committee, it follows from the above that the register maintained on the basis of the applications submitted by voters (according to Annex 11 of the Ve.) for registration in the minority voter register - in the order of the processing of the applications - is a minority voter register, regardless of whether the number of voters on it justifies the calling of a local minority government election.
Accordingly, a person who has been included in the minority voter register has passive suffrage - i.e., can be elected as a minority representative - regardless of whether a local minority government election is called or held in the settlement of their place of residence. The check on the candidate's right to vote is enabled by the minority voter register of their place of residence.
Budapest, 4 July 2006.
Dr. Péter Szigeti
President of the National Election Committee
