2/2021. NEC Directive

Repealed

on the amendment of the NEC Directives 2/2014, 7/2014, 11/2014, 12/2014, 1/2015, 2/2015, 3/2015, 4/2015 and 4/2018

The National Election Committee, acting within its competence as laid down in Section 51 (1) of Act XXXVI of 2013 on Electoral Procedure (hereinafter: Ve.) - on the initiative of the President of the National Election Office - with 14 votes in favour and 0 against, issues the following

directive

adja ki:

1.Amendment of the 2/2014. NEC Directive on the publication of political advertisements and political commercials

1.1.Point 2 of the directive is replaced by the following provision:

"Political advertisement: a media content published for a consideration, which serves to popularize or encourage the support of a nominating organization or an independent candidate, or which popularizes their name, purpose, activity, slogan, or emblem. The publication of a political advertisement is possible based on an order, the content of which is determined by the client, for which the editors of the press product are not responsible. All other media content for which the editors of the press product are responsible is not considered a political advertisement."

1.2.Point 3 of the directive is replaced by the following provision:

"Local and regional media service providers are not obliged to announce the publication of political commercials, and they can broadcast political commercials without time and time slot restrictions while complying with the provisions of Section 147 of the Ve."

1.3.Among the provisions of the Ve. interpreted and literally quoted in the directive, Section 147/F (3), Section 148 (1)-(5), and Section 203 (60) of Act CLXXXV of 2010 on Media Services and Mass Communication (hereinafter: Mttv.) are replaced by the following provisions:

"147/F. § (3) During the election campaign period, a media service provider that provides linear media services available exclusively on the internet may publish political commercials in accordance with this Section, while a media service provider that provides local and regional coverage may do so in accordance with the rules laid down in Section 147."

"148. §(1) In the press products specified in Section 203 (60) of the Mttv., political advertisements may be published during the election campaign period in accordance with the provisions of this Section.

(2) A political advertisement published in a press product must be immediately recognizable and distinguishable from other media content. The name and place of residence, or headquarters, of the client must be indicated on the political advertisement.

(3) If a press product wishes to publish a political advertisement, it shall send its price list for advertising services to the State Audit Office within 5 working days of the election being called, which shall register it and publish it on its website. The press product shall publish the same price list on its website.

(4) Only a press product whose advertising price list has been registered by the State Audit Office may publish a political advertisement. A political advertisement may only be published for the consideration specified by the registered price list. Among the press products of publishers established in Hungary, only those that are included in the official register under the Mttv. may publish political advertisements.

(5) The press product specified in paragraph (1) shall inform the State Audit Office about the published political advertisements within 15 days of the day of voting. The information shall include who ordered the political advertisements of each candidate and nominating organization, for what consideration, at what time, and to what extent they were published. The State Audit Office shall publish this information on its website."

"60.Press product: individual issues of daily and other periodicals, as well as online newspapers or news portals, which are provided as an economic service, for the content of which a natural or legal person bears editorial responsibility, and whose primary purpose is to disseminate content consisting of text and/or images to the public for information, entertainment, or education, in printed form or via an electronic communication network. Editorial responsibility means responsibility for the actual control exercised during the selection and compilation of the media content and does not necessarily result in legal responsibility for the press product. An economic service is an independent, business-like service carried out regularly, for the purpose of making a profit, with the assumption of economic risk."

1.4.Among the provisions of the Ve. interpreted and literally quoted in the directive, Section 147/A, Section 147/B, Section 147/C and Section 147/F (1)-(2) are deleted.

2.Amendment of the 7/2014. NEC Directive on the replacement of a spoiled or damaged mail-in ballot paper

2.1.The provisions of the Ve. interpreted and literally quoted in the directive are supplemented with the following provisions:

"Election of the members of the European Parliament

331. §(1)In the election of the members of the European Parliament, the provisions of Chapters I-XII, Section 244 (2), Section 245 (2)-(5), Section 247 (1) and (3), Section 250, Section 251, Section 257 (3), Section 257/A, Section 257/B, Section 258 (1), Sections 259-263, Sections 266-270, Section 271 (2), Sections 272-281, Sections 283-285, Sections 288-291, Section 293, Section 295, and Section 298 must be applied with the differences laid down in this Chapter.

2.2.The directive is supplemented by the interpretation of the following provisions of Act CCXXXVIII of 2013 on the initiation of a referendum, the European Citizens' Initiative, and the referendum procedure (Nsztv.):

"Nsztv.

1.§ (1)The General Part of Act XXXVI of 2013 on Electoral Procedure (hereinafter: Ve.) must be applied to the procedures falling under the scope of this law - with the differences laid down in this law."

"65. § (1)In the national referendum procedure, the provisions of Section 244 (2), Section 245 (1) a), e) and d), and (2)-(5), Section 247 (1) and (3), Section 250, Section 251, Section 256 (2), Section 257 (3), Section 257/A, Section 257/B, Section 258 (1), Sections 259-263, Sections 266-270, Section 271 (2), Sections 272-274, Section 275, Sections 277-281, Sections 283-285, Sections 288-291, Section 293, Section 295, Section 297 (1) and (3), Section 298, and Section 341/A of the Ve. must also be applied with the differences laid down in this chapter.

(2)In a national referendum procedure held on the same day as the general election of parliamentary representatives (hereinafter: joint procedure), in the case of a referendum initiated by the President of the Republic or the Government, Section 68 and Section 70 (1) and (2) do not have to be applied."

2.3.The third paragraph of the reasoning of the directive is replaced by the following provision:

"During the election procedure for parliamentary representatives, members of the European Parliament, the national referendum procedure, and the joint procedure under Section 65 (2) of the Nsztv., the National Election Office shall send the ballot package by post to the voters included in the register of mail-in voters after the preparation of the mail-in ballot paper, or deliver it to the foreign mission or settlement designated by the voter. The National Election Office - in order to protect the purity of the election - sends as many ballot packages to each foreign mission as there are voters who have requested to receive one, so the foreign mission election office does not have a reserve ballot paper for replacement."

3.Amendment of the 11/2014. NEC Directive on the interpretation of the rules of the relative territorial campaign ban

3.1.Points 2, 5, and 6 of the directive are repealed, with the corresponding modification of the numbering in the operative part of the directive at the same time as the repeal.

3.2.In accordance with the modified numbering, points 1, 3, and 7 of the directive are replaced by the following provisions:

"1. The Ve. has abolished the institution of the classic campaign silence, but on the day of voting, it prohibits campaigning in the area defined in Section 143 (1) of the Ve. (relative territorial campaign ban).

This relative territorial campaign ban - with special regard to a comparison with other provisions of the Ve. - applies to the continuation of active campaigning."

"2. It does not in itself constitute a violation of the relative territorial campaign ban if a vehicle on which a poster serving to popularize a candidate or a nominating organization has been placed during the campaign period, in accordance with Section 144 (1) of the Ve., passes through the public area referred to in Section 143 (1) b) of the Ve. on the day of voting. However, it does constitute a violation of Section 143 (1) of the Ve. if the vehicle named in this point waits (stops for more than 5 minutes) within 150 meters of the entrance to the building containing the polling station that serves to approach the polling station, or if its passage is continuous or regular. This latter interpretation does not apply to vehicles providing scheduled transport, with special regard to rail-bound vehicles."

"7. The public area of a foreign state does not fall under Hungarian jurisdiction, therefore the relative territorial campaign ban regulated in Section 143 (1) of the Ve. applies to voting at foreign missions exclusively to the foreign mission, or other premises provided by the foreign mission, and to the polling station located in them."

3.3.Among the provisions of the Ve. interpreted and literally quoted in the directive, Section 142 and Section 143 (1)-(3) are replaced by the following provisions:

"142. §The activity of election bodies, personal communication between citizens - as private individuals - regardless of its content and form, and the activity of the Constitutional Court, courts, local governments, and other state bodies performed during their duties defined by law, are not considered election campaigns."

"143. §(1) Campaigning is not permitted on the day of voting

a) in the polling station, and in the building containing the polling station,

b) in a public area within 150 meters of the entrance to the building containing the polling station that serves to approach the polling station,

c) outside the area defined in point b) in a way that is suitable for influencing the voter's will of a voter present in that area.

(2) A poster lawfully placed before the day of voting does not violate the prohibition under points b) and c) of paragraph (1).

(3) If there are several parallel electoral procedures under Section 1, the prohibition under paragraph (1) shall apply during all ongoing electoral procedures."

3.4.The part of the directive listing the interpreted and literally quoted legal provisions is supplemented with the following:

"The provisions of Joint Decree 1/1975. (II. 5.) KPM-BM on the rules of road traffic (hereinafter: KRESZ) taken into account during the issuance of the directive:

KRESZ:

"Annex 1 III. The chapter on concepts related to road traffic is supplemented with points d) and e):

"Joint Decree 1/1975. (II. 5.) KPM-BM on the rules of road traffic Annex 1 III. Concepts related to road traffic

d) Stopping: staying in one place with a vehicle for the time necessary for boarding and alighting, or for continuous loading and unloading, or - if the driver remains at the vehicle - for a maximum of 5 minutes for other reasons.

e) Waiting: staying in one place with a vehicle for a longer period than stopping."

3.5.The reasoning of the directive is replaced by the following reasoning:

"1. The narrower regulation (relative territorial campaign ban) named in Section 143 (1) of the Ve., compared to the previous institution of campaign silence, is primarily intended to ensure the protection of the purity and legality of elections, and the undisturbed expression of the will of the voters. According to the position of the National Election Committee, all participants in the electoral procedure must take this into account, including representatives of the press, candidates and nominating organizations, voters, and election bodies, and all this also follows from the fundamental principle of good faith and proper legal practice. The uninfluenced expression of the free will of the voters guarantees the creation of the highest state authority based on free will, and through it, the democratic rule of law of Hungary. The provision on the relative campaign ban of the Ve. does not limit the flow of information intended by candidates and nominating organizations to influence the will of the voters in terms of content, it only sets a time and territorial limit for the participants in the electoral procedure.

The National Election Office helps to maintain the rule laid down in Section 143 (1) of the Ve. by providing a map application that helps the activities of candidates and nominating organizations, as well as the work of the election bodies, on the basis of which the area affected by the campaign ban on the day of voting can be determined. In order for everyone to have the necessary information on the day of voting about where campaigning is not allowed, a map showing the area under Section 143 (1) b) of the Ve. can be viewed on the official website of the elections for informational purposes.

According to Section 143 (1) c) of the Ve., a violation also occurs when someone uses campaign tools or performs an activity suitable for influencing the will of the voters that is audible or visible in the polling station, or in a public area within 150 meters of the entrance to the building containing the polling station that serves to approach the polling station. The occurrence of the violation is not a condition that the vehicle or tool from which the infringing content is broadcast or projected can be identified, whether it is located within or outside the 150-meter distance, in a public area, and it is also not a condition that the person committing the violation is connected to any of the candidates or nominating organizations.

2. According to point 2 of this directive, it does not constitute a violation of Section 143 (1) of the Ve. if vehicles (e.g., vehicles providing scheduled public transport services) on which an election poster according to the Ve. has been placed, pass through and pass through the 150-meter public area named in Section 143 (1) b) of the Ve. on the day of voting. However, it is contrary to good faith and proper legal practice and constitutes a violation of the relative territorial campaign ban and a circumvention of the rule of Section 143 if these vehicles, although they only pass through the 150-meter area in every case, do so continuously and regularly, or if they wait. In terms of the concept of waiting, the National Election Committee considers the definition in Annex I, Chapter III, point e) of Joint Decree 1/1975. (II. 5.) KPM-BM on the rules of road traffic to be authoritative, according to which waiting: staying in one place with a vehicle for a longer period than stopping (more than 5 minutes). Vehicles providing services under Act XLI of 2012 on passenger transport services are an exception to this.

3. According to the definition of the Ve., election committees are independent bodies of voters, subordinate exclusively to the law, whose primary task is to determine the election result, ensure the purity and legality of the elections, enforce impartiality, and, if necessary, restore the lawful order of the election. Election committees are official bodies performing administrative law enforcement activities, and during their operation, they are considered to be authorities, and their members are considered to be officials, based on the analogy of the previous regulation. The requirement of impartiality is a legal requirement for all members - elected and appointed. In order to ensure this, a member of an election committee may not perform any activity that may be suitable for influencing the will of the voters during the time and territorial interval defined in Section 143 (1) of the Ve., and must also take into account the requirement of enforcing impartiality in their clothing. However, this prohibition does not, of course, apply to voters, a person assisting a voter in their voting, or a minor accompanying them.

4. The rule of the relative territorial campaign ban under Section 143 (1) of the Ve. can be interpreted in connection with voting in Hungary, and applies to the buildings of diplomatic and consular missions operating abroad, established by a decision of the Government, other premises provided by the foreign mission for the purpose of voting, and the polling stations located in them, while it does not extend to the public area of foreign states."

4.Amendment of the 12/2014. NEC Directive on taking ballot papers out of the polling station and photographing them

4.1.The title of the directive is modified as follows:

12/2014. NEC Directive on taking ballot papers out of the polling station

4.2.Point 2 of the directive is replaced by the following provision:

"

2.Consequently, it also violates the principle of good faith and proper legal practice and the purity of the elections if a voter treats the ballot paper as their own and takes it out of the polling station. Taking the ballot paper out of the polling station may give an opportunity for committing election fraud, and preventing this is a public interest related to the purity of the elections.

4.3.Point 3 of the directive is repealed, with the corresponding modification of the numbering in the operative part of the directive at the same time as the repeal.

4.4.The second paragraph of the reasoning of the directive is replaced by the following provision:

"In view of the above, the National Election Committee - referring to the contents of its predecessor, the National Election Committee's resolution no. 9/2006. (III. 30.) - establishes that the only voter behavior that is compatible with the protection of the purity of the election, the requirement of good faith and proper legal practice, and the electoral fundamental principle of the secrecy of voting laid down in Article 2 (1) of the Fundamental Law, and the detailed rules presented, is that the voter does not treat the ballot paper as their own during the vote, but as a tool to express their right to vote and to help determine the result. As such, they may not take it out of the polling station."

5.Amendment of the 1/2015. NEC Directive on the interpretation of Section 10 (2) of the Nsztv.

5.1.The last sentence of point 1 of the directive is replaced by the following provision:

"The National Election Office shall also send the written information sent to the organizer of the referendum initiative to the members of the National Election Committee."

5.2.Among the provisions of the Nsztv. interpreted and literally quoted in the directive, Section 10 (1), Section 4 (1)-(5), and Section 8 (1)-(2) are replaced by the following provisions:

"10. § (1)If the initiative is obviously contrary to the constitutional purpose and function of the institution of the national referendum, or does not meet the conditions laid down in Sections 2-4, Section 6, and Section 8 (1), the President of the National Election Office shall reject the question by a decision within five days of its submission and shall not submit it to the National Election Committee. The provisions of Section 46, Section 47, Section 48 (3), and Section 50 of the Ve. shall apply to the content and communication of the rejection decision."

"4. §(1) The question must be submitted with the supporting signatures of at least twenty but no more than thirty voters.

(2)

(3) The provisions of Section 15 (2) and (3) shall apply to the signature of the supporting voter.