The National Election Committee, acting within its competence laid down in Act C of 1997 on the electoral procedure (hereinafter: Ve.), issues the following

resolution

on the calculation of deadlines related to legal remedies by election committees:

According to Ve. Section 3 c) and e), when applying the rules of the electoral procedure, the participants involved in the election must, among other things, enforce the following fundamental principles:

"c) equal opportunities between candidates and nominating organizations,"

"e) the possibility of legal remedy and its impartial adjudication."

Based on Section 4 (3), the deadlines specified in this Act are subject to forfeiture, and they expire at 4 p.m. on the last day of the deadline, unless the law provides otherwise.

In the context of legal remedies, Section 77 (1) is as follows:

"Anyone may file a complaint citing a violation of the legal regulation governing the election or the fundamental principles of the election and the electoral procedure (Section 3) (hereinafter together: violation of a legal regulation). The complaint must be submitted in such a way that it arrives at the latest within 2 days from the commission of the complained-of violation of a legal regulation. The election committee shall decide on the submitted complaint within 2 days of its arrival - or in the case of transfer, its arrival at the election committee with jurisdiction to adjudicate it."

The following are also provisions regulating legal remedies:

"79. § (1) Any voter, candidate, nominating organization, or legal entity concerned in the matter may file an appeal against a first-instance decision of an election committee.

80. § (1) The appeal must be submitted to the election committee that made the challenged decision (in the case of an appeal against a decision of a ballot-counting committee, to the election committee with jurisdiction to adjudicate it).

(2) The appeal must be submitted in such a way that it arrives at the election committee referred to in subsection (1) at the latest within 2 days from the date of the challenged decision.

81. § (1) The election committee with jurisdiction to adjudicate the appeal shall decide on it within 2 days of its arrival."

"80. § (3) An appeal against a decision of an election committee concerning the approval of the content of the ballot paper must be submitted in such a way that it arrives at the latest on the day following the decision of the election committee. The election committee adjudicating the appeal shall decide at the latest on the day following the submission of the appeal."

Based on the above, the National Election Committee - with regard to the requirements of equal opportunities between candidates and nominating organizations and the impartial adjudication of legal remedies - states that for submissions received after 4 p.m. within the forfeiture deadline, the starting day for the calculation of the deadlines related to the legal remedy is the day following the arrival of the submission.

Dr. Gábor Halmai
Vice President of the National Election Committee

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