Invalid

2/2024. NVB guidance

The National Electoral Committee 1/2014, 7/2014, 4/2018, and Decree 1/2019. To change NVB's guidance

The National Electoral Committee Act XXXVI of 2013 on Electoral Procedure (1) (hereinafter: Ve.

in guidance

give out:

1. Government Decree 1/2014 on referrals and the process of recommendation. Modify NVB Guideline

1.1. Section 4 of the Guideline is modified as follows:

4. Pursuant to Article 124 (1) of the Ve. [and the form indicated in the ministerial decree] It shall be handed over to the electoral committee competent for registration. According to the National Electoral Committee, it is possible to submit a referral sheet after the candidate has been notified, but at the latest, the candidate shall be handed over to the electoral office until the time limit available to the candidate. In the event of failure to do so, in accordance with Article 124 (2) of the Ve. An exception to this rule is the recommendation sheets containing no recommendation, which may be returned on the day following the deadline for notification without obligation to pay a fine. However, a fine must be fined after the recommendation sheets that do not contain any recommendation.

1.2. The operative part of the guideline is added to points 5, 6 and 7, with the simultaneous numbering of the serial number of the Guideline.

„ 5. After the candidate's announcement, the recommendations on the referrals are first counted by the Election Office for the first time in accordance with Article 127 (2) of Ve. , provided that the number of arcs and the number of rows on the arcs reach the recommendation number required for the candidacy . If the number of recommendations is less than the number required for the candidate, the electoral agency shall inform the candidate and the submission of the referral sheets by email immediately after counting.

6. If the number of recommendations cannot be determined at the time of the notification, the electoral agency shall make the information under point 5 after the number of recommendations has been established.

7. If the candidate is notified before the expiry of the available deadline and the competent electoral committee rejects the registration of the candidate due to the lack of a sufficient number of recommendations in view of the lack of an appropriate number The number of all recommendations on the arcs must also be included. ”

1.3. In accordance with the modified serial numbering

“8 If the candidate is notified before the expiry of the available deadline and the competent electoral committee is a sufficient number of valid recommendations - found after the inspection - Due to its absence, it rejects the candidate's registration, and, in the case of repeated announcement of the same candidate in the same time limit, it is possible to submit additional referrals, in which case the number of valid recommendations must be included in the number of valid recommendations. ”

1.4. The operative part of the guideline is added to a new point 9, with the simultaneous numbering in the operative part of the guideline is properly modified:

“9 If it is certain that the number of valid recommendations reaches the number required for the candidate, no need to check a new recommendation collection sheet anymore. If the electoral agency has already checked the data of the recommendation collector or, in addition, the voter of any recommendation, the inspection must be continued until the electoral agency has been checked by all recommendations on the recommendation collection. ”

1.5. Of the legal provisions interpreted and literally cited in the guidelines, Article 126 (2) of the Ve. And Article 127 are replaced by the following:

“126. § (1) The recommendation is valid if

(a) the recommendation voter to recommend a candidate in the constituency at any time between the date of issue and submission

b) The data of the recommendation voter on the referral sheet, except for the signature, are the same as the voting list data,

(c) The recommendation meets the requirements of Article 122.

(2) Not a reason for invalidity if the recommendation voter

a) Data for the following reason do not match the registration of the central list or citizens' personal and address data, the [the central] travel documentary or driver's license registration data, but the identity of the voter is undoubtedly determined:

aa) accents,

ab) a spelling difference,

ac) A geographical name for a foreign language,

ad) to enter data in other language,

ae) Leaving one of the first time, "dr." Abandoning or indicating a mark, indicating the abbreviation of the younger, older, widow or other prefixes, or these prefixes,

(b) in his address, the name or character of the settlement, the name or character of the public space, provided the name of the vote list, but the address can

(c) In his address, he did not indicate the staircase, floor, door, or differs from the data in the polling list. ”

“127. § (1) The recommendations shall be verified within three days of the candidate's notification.

(2) [It is not necessary to continue to check the recommendations if it is certain that the number of valid recommendations reaches the number required for the candidate.] The electoral agency is not checked by checking the recommendations if the number of recommendations on the referrals submitted is less than the number required for the candidate.

(3) [The electoral agency shall inform the candidate's electoral committee and, at the request of the candidate, of the electoral agency.] It is not necessary to continue to check the recommendations if it is certain that the number of valid recommendations reaches the number required for the candidacy.

(4) The electoral agency shall inform the candidate's electoral committee and, at the request of the candidate, the candidate. ”

“307/I. § (1) the compensation list, the capital [compensation] list and the castle The county list must be announced at the latest on the thirty -third day prior to the vote. ”

1.4. Section 9 (2) of Act L. of 2010 (hereinafter referred to as "Övjt.") Called the election of local government representatives and mayors, taking into account the interpretation, is amended as follows:

Act L. of 2010 on the Election of Local Government Representatives and Mayors

“9 § (1) A candidate for individual listing or individual constituency is recommended by at least 1%of the voters of the given constituency.

(2) A castle In the county constituency, a nomination organization that has collected a recommendation of 0.5%of the constituency voters may be set.

(3) candidate for mayor whom

(a) at least 3%of the voters of the settlement with a resident of 10,000 or less,

b) For a settlement in excess of 10,000 inhabitants but with 100,000 inhabitants or less inhabitants, at least 300 voters,

c) At least 500 voters for a settlement with more than 100,000 inhabitants

Recommended for candidates.

(4) A candidate for mayor who is recommended as a candidate for at least 5,000 voters in the capital. ”

2. Modify NVB Guideline

2.1. An introductory part of the operative part is modified as follows:

“A voter without a Hungarian address At the Foreign Ministry You cannot ask for a voting or damaged ballot paper in the letter. ”

2.2. The guideline is added to the interpretation of the following provisions of Ve.:

“122. Delivery of voting letter package

Article 277 (1) The National Electoral Office shall send the voting letter package to the voter in the list of voters in the list of voters, except for the personal receipt of the vote package. If the voter has given a ballot title in the country prohibiting dual citizenship, the voting letter package will be delivered by the National Election Office with the assistance of the foreign mission.

(2) A voter without a Hungarian address who requested a personal pick -up of the voting letter package for the twenty -fifth day preceding the vote according to Article 92 (3) (b), from the fifteenth day preceding the vote, on time determined by the President of the National Election Office and on the day of the vote

a) Parliamentary individual constituency seat in the settlement,

(…)

(c) at a foreign mission designated by the Minister.

(…)

(4) A voter who does not receive the voting letter package sent in accordance with paragraph 1 until the seventh day preceding the day of the vote may personally request the voting letter at any foreign mission or in the individual constituency electoral office. Prior to the transfer of the voting letter package, the electoral office checks whether the voter has been included in the list of voters and requested the postal delivery of the voting letter package. ”

“123. Vote by letter

278. § (…)

(5) The voter may vote by letter of letter designated in accordance with Article 277 (2) (c). The circumstances that guarantee the confidentiality of the vote during the vote are provided by the Foreign Ministry Election Office, in particular, in particular, with the appropriate application an office must be understood. ”

“124. To send a voting document submitted to the electoral office

Article 279 (1) A voter in the letter of voters without a Hungarian address in the letter of the letter contains the response cover of Article 278 (4) (a) containing his vote

(…)

(c) During the period available for the vote in Hungary, you may send it to any parliamentary electoral electoral office by personally or by otherwise who are unable to be authorized.

(2) A voter in the letter of voters without a Hungarian address in the letter, with the vote, containing a response envelope contained in accordance with Article 278 (4) (b) by other persons or other persons who are not authorized

(…)

b) You can send it to any parliamentary electoral electoral office during the period available for voting in Hungary. ”

“281. § (1) At the Foreign Member Representative, the parliamentary electoral office in the settlement of the parliamentary constituency shall ensure the possibility of submitting the vote.

(2) The response envelope may be thrown into the urn under the agency's continuous supervision. The urn should be stored in a safe place at the foreign mission. The answer envelope can also be sent to the representation by letter.

(3) In the settlement of the parliamentary constituency, observers commissioned by the nominees of the national list may be present during the supervision of the urn. The observers should apply § 5. ”

2.3. Section 331 (1) of the Ve.

“The Europe [p] I Choice of Members of Parliament

331. § (1) A in a joint procedure a z to choose members of the European Parliament ra [n] The I-XII. Chapter et , The XIV. Chapter XV. Chapter and also Section 244 (2) a [e] , Article 245 (2) to (5) a [e] , Article 247 (1) and (3) a [e] , a 250. § (1), (3), (4) and (6) - (8) , a 251. § -t , Article 257 (3) a [e] , a 257/A. § -t , a 257/B. § -t , Article 258 (1) a [e] , a 259-263. § -t , a 266-270. § -t , Article 271 (2) a [e] , a 272-281. § -t , a 283-285. § -t , a 288-291. § -t , a 293. §-t, [a 295. §, ] as well as 29 [8]5 . § -t [your provisions] It should be applied with the differences in this section. ”

2.4 Act CCXXXVIII of 2013 on the initiative of the referendum, the European Citizens' Initiative and the referendum, which is interpreted in the Guidelines and literally quoted in the Guidelines. Article 65 (1) of the Act (hereinafter referred to as: Nstv.) is replaced by the following:

„ [,] Article 65 (1) The national referendum procedure shall apply with the differences contained in this chapter, Article 244 (2) of the Ve., Section 245 (1) (a), [e] c) (d) and (2) to (5), § 247 (1) and (3), §§ 251, 251, 256 (2), 257 (3), 257/A. 257/B. Article 258 (1), 259-263. § 266-270. 272-274, Article 271 (2). § 275, 277-281. § 283-285. § 288-291. Article 293, 295, 297 (1) and (3), § 298, 298, and 341/a. §.

(2) In the national referendum procedure (hereinafter referred to as the joint procedure), the President of the Republic, in the case of a referendum initiated by the government, shall not apply to Article 68 and Article 70 (1) and (2) in the national referendum. "

2.5. The first paragraph of the guidance of guidance is replaced by the following:

“Article 182 (2) of the Ve. Requires the voting counting committee to give the voter a new ballot in the Hungarian polling station with the involvement of the damaged ballot paper. Pursuant to Article 269 (3) of the Ve. In addition, according to Article 277 (4) of the Ve. Prior to the transfer of the voting letter package, the electoral office checks whether the voter is included in the letter of voters and requested the postal delivery of the voting letter package. ”

2.6. The third paragraph of the guidance of the guideline is replaced by the following:

“The electoral procedure of the Members of Parliament, the members of the European Parliament, the national referendum procedure and the Nstv. In the course of a joint procedure pursuant to Article 65 (2), the National Electoral Office shall send the voting letter package to the voters in the letter of voters in the letter of the letter, or send it to the foreign mission or municipality indicated by the voter. The National Electoral Office sends as many voting letters to each foreign mission to preserve the purity of the election as many voters requested to take over and the Ve. However, the voting letter package provided for the purpose of replacement in accordance with Article 277 (4) of the Ve. A voter who has designated the deputy as a venue for the voting letter package is not entitled to ask for a voting letter package, so that the letter will not be able to obtain a new voting letter in order to replace his ballot box in the letter or to replace his voting. [Thus, the Foreign Member Electoral Office does not have the spare ballot required for the exchange] .”

2.7. The reasoning of guidance is added to a new fourth paragraph:

„ According to the grammatical interpretation of Article 277 (4) of the Ve. As a result, the voter may vote on the foreign mission by letter 278 (5) of the Ve. The Foreign Member Electoral Office has no powers to provide the reserve ballot paper for the replacement in any way. ”

3. A on the date of commencement of voting Published 4/2018. Modify NVB Guideline

3.1. Section 1 of the operative part is modified as follows:

“1. The election of parliamentary representatives and the European Parliament [for representatives] members Date of commencement of the vote at the earliest starting department on the US continent, the start date for starting the vote in accordance with the last sentence of Section 269 (2) of the Ve. at the time of summer time 11 hours in Central European time. The start of the Hungarian vote is 6 hours on the day of the vote. ”

3.2. Section 2 of the operative part is modified as follows:

“2. If the parliamentary individual constituency or list candidate registered in the election of members of the Parliament or members of the European Parliament intends to resign his candidate in accordance with the second sentence of Section 137 (1) of the Ve. [On a form of decree issued by the Minister responsible for the regulation of elections and referendums] in a private document or an authentic document of full proof You can do it. The resignation to make a statement [your statement] (hereinafter referred to as a resignation statement) The candidate's name, personal ID, and, in the absence of it, the number and address of his identity card, as well as the designation of the constituency or the type of nomination for which the candidate intends to cancel the nomination. The resignation statement [a form containing] the candidate in person you can pass, [or] or It has an original copy of the power of attorney of a private document or a public document , also authorized by power of attorney by his authorized you can deliver [can give it to] to the electoral office for the individual candidate or the electoral committee deciding on the registration of the national list. The resignation statement can also be submitted electronically by sending it to the electoral office through the candidate's general purpose electronic application form (e-paper) service, including the E-Paper Annex, or certifies it with a qualified electronic signature, with increased secure electronic signature, or authenticates it with a document certification service.

3.3. Of the legal provisions interpreted and literally cited in the Guideline, Article 137 of Ve.

“66. The relegation of the candidate

[„] Article 137 (1) The candidate loses if the Hungarian vote is deleted from the central list, loses the right to elect them, or the candidate organization organization , Delete from the registration of nomination organizations, candidates and lists. The candidate will also lose if the vote [Voting at the earliest US Continental Voting on the starting date of Article 269 (2)] preceding second day until 4 pm About the nomination - After electronic identification, electronically submitted to the electoral agency for the electoral committee deciding on registration, by declaration submitted in person or by a service agent - in writing. The fell out candidate [nominated name] T shall be deleted from the registration of marked organizations, candidates and lists and from individual ballot papers.

(2) The candidate's resignation after the deadline for paragraph 1 is not suitable for a legal effect, the votes cast on the candidate shall be considered as a valid vote. ”

3.4. The following provision shall be replaced by the following provision in the guidelines in the interpretation, and the Ve.

„3. § (1) For the purposes of this Act:

(…)

7. Authorized: Actor of the Administration, Person with a power of attorney of a private document or a private document of full evidence, ”

3.5. The legal provisions taken into consideration in the guidance are added to Article 120 (3) of the Ve.

„ Article 120 (3) The request for the referral sheet shall include the name, personal identifier of the voter who intends to run as a candidate, and, in the absence thereof, the number of official IDs to identify his identity (…). ”

3.6. The legal provisions taken into consideration in the guidance are added to Article 135 (1) of the Ve.

„ Article 129 (1) The notification of the list shall include the names and personal identifiers of all candidates on the list, in the absence of the number of official IDs to be identified, (…). ”

3.7. Of the legal provisions taken into consideration in the guidance, Article 135 (1) of the Ve.

“135. § (1) The national electronic registration of the notified and registered nominee organizations, candidates and lists, with the data in Annex 4, is the National Election Office and the electoral office operating next to the registration committee leads. THE Candidates, nominee organizations are taken over by the National Electoral Office from the central list, personal data and address records and court registration of NGOs [Changes in register are kept by the electoral agency with the electoral committee that is registered or deleted from the registration] at the register] .”

3.8. Section 162 (2) of the Ve.

“162. § (2) If, after approval of the data content of the ballot paper, as a result of an appeal or deletion of the register, the data content of the ballot paper changes, no further approval of the electoral committee is required, the electoral agency shall arrange for changes on the ballot paper and informs it electoral committee as well as the affected nomination organizations and independent candidates. ”

3.9. Section 331 (1) of the Ve.

„331. § (1) A in a joint procedure a z to choose members of the European Parliament ra [n] The I-XII. Chapter et , The XIV. Chapter XV. Chapter and also Section 244 (2) a [e] , Article 245 (2) to (5) a [e] , Article 247 (1) and (3) a [e] , a 250. § (1), (3), (4) and (6) - (8) , a 251. § -t , Article 257 (3) a [e] , a 257/A. § -t , a 257/B. § -t , Article 258 (1) a [e] , a 259-263. § -t , a 266-270. § -t , Article 271 (2) a [e] , a 272-281. § -t , a 283-285. § -t , a 288-291. § -t , a 293. §-t, [a 295. §, ] as well as 29 [8]5 . § -t [your provisions] It should be applied with the differences in this section. ”

3.10. The reasoning of the guideline [1] is modified as follows:

“[1] On 16 March 2018, the President of the National Electoral Office asked the National Electoral Committee on three issues related to the date of commencement of the vote. First requested to interpret the date of commencement of the vote, [which also sets the deadline for the relegation of the candidate. On the other hand] on the other hand The question of when the candidate's loss of legal consequences would be set up and ultimately asked for guidance on how to act in the event of a death immediately preceding the vote. ”

3.11. The reasoning of the guideline [3] is modified as follows:

“[3] According to Article 169 of the Ve. If a candidate is deleted from the central list before the day of the vote, that is, 24:00 before the day before the day before the vote, or loses the right of electability, the legal consequences of the candidate's loss shall be applied. In the case of a candidate lost between the start of the vote and the start of the vote, the legal consequences referred to in Article 178 (3) of the Ve. As parliamentary representatives in choosing and the Ve. Provides the possibility of voting on the European Parliament, so the day of the vote does not always mean the day on Article 2 (3), 9 (3) (e) of the Fundamental Law, and Article 6 of the Vote. "

3.12. The reasoning of the guideline [3] is modified as follows:

'[4] Pursuant to Article 269 (2) of the Ve., Which is also applied to the election of members of the European Parliament for the election of members of the European Parliament for the election During the summer time, It begins at 11:00 on Saturday on the day before the vote. Winter time, so the last Sunday of October each year and the last Sunday of the following year, as there is no summer time in the countryside in the best part of the US continent, decreases to four hours, in which case the vote begins at 10:00 on the day before the vote. If a nominee or all nominee organizations participating in the joint candidate have been canceled from the registration of the nominees, candidates and lists until 24 hours before the day of the Hungarian vote, the legal consequences of the candidate's loss shall also be applied. The day preceding the day before the day of the vote in Hungary is not applicable to the candidate's loss in accordance with Article 178 (3) of the candidate for the start of the vote. ”

3.13. The reasoning of the guidelines [5] is modified as follows:

“[5] According to the interpretation of the legal provisions referred to, this date can be considered as the date of commencement of the vote.

Among the nominee reasons named in the second sentence of Section 137 (1) of the Ve. The legislation referred to as a total of the provision shall contain the provision of which cancellation is legitimate (The second day before the vote 4 pm) can be done, [Other] the procedural rules [About Rules] In addition [ - ie] to which electoral body (for the electoral office for the electoral committee deciding on registration), in which way (in person or by declaration submitted in person or by service - in writing) should be submitted with cancellation [, in what way, when it comes into effect - does not say] . Electoral bodies in order to have a uniform jurisprudence to resign, and to ensure that candidates do not have a legal uncertainty for the procedure to be followed at the time of resignation, it is necessary In questions outside the above topics the National Electoral Committee [by interpreting the Ve. And Regulation Rules] Help the procedure of those concerned. ”

3.14. The reasoning of the guidelines [6] is modified as follows:

“[6] In the Commission's view, it is appropriate to make a strict formal conditions for the priority of the declaration of legal declaration and the avoidance of possible abuse. The cancellation of the candidacy for the purpose of [only] a Ve. Enforcement [In the decree issued by the Minister responsible for the regulation of elections and referendums] decree not [specified] A separate form shall be determined, therefore, a resignation statement shall be deemed to be a document that proves with full evidence that the signator of the document has resigned or accepted or recognized the statement contained in the document as compulsory. The CXXX of 2016 on the Civil Procedure Code. (hereinafter referred to as Article 323 of Pp.) or Pp. Section 325 corresponds to a resignation statement contained in a private document of full proof. The identification of the candidate also requires the resignation declaration to contain the data required for the clear identification of the candidate, that is, the data with which it was registered as candidates. Given that the same voter is entitled to make a declaration for multiple nominations when making the cancel [can be done on a form] . The resignation declaration in person to the candidate or by the Ve. 3 (1) 7, the electoral office shall be handed over to the electoral committee responsible for registering the candidate or the list.

If you want to make the candidate's statement without a personal appearance and other person, [Nowadays] In the range of electronic administration insured [more] a service by using is can take action [available] , which, equal to the signature of the own hand, proves that the person named in the document made the relevant declaration, and therefore proves the validity of the declaration. Therefore [suggested to] a [Electoral Organs A] resignation statement electronic submission [submitted] is possible [make it possible] In cases where the electronic document is a [CXXX of 2016 on Civil Procedure (hereinafter referred to as Pp.)]] Pp. Pursuant to Article 325 para.

The cancellation submitted through the e-paper service, if the resignation statement sent as an attachment has been authenticated, the PP will meet. as required. Customer gate registration is required to use this service. Act CCXXII of 2015 on the General Rules of Electronic Administration and Trust Services (hereinafter referred to as "East"), local governments are required to provide the possibility of electronic control, including e-paper service, so the conditions for receiving the statements submitted in this way are available to the electoral offices.

The Eüstv. Pursuant to Article 25 (3) (f) and (g), the electronic administration body (thus all local governments) is required to operate an information system providing electronic administration that ensures the processing of at least high -security electronic signature documents and Esztv. according to certified documents. The Eüstv. It distinguishes between increased security and qualified electronic signatures and names the document authentication (AVDH) due to identification. In the first two, this is an electronic signature that is capable of identifying the signator and ensuring the authenticity and integrity of the document. In the case of the AVDH, the provider defined by law assigns the declaration provided by the Customer to the person certified and then authentically certifies the order to the person. This solution provides persons without electronic signature electronic authentication of documents. The pp. Pursuant to Article 325 (1) (f) to (h), the electronic documents recorded above are considered to be complete private documents, so the resignation statements submitted in this way are always recommended. ”

3.15. The reasoning of the guidelines [9] is modified as follows:

“[9] If the individual candidate submits the resignation of the right to the electoral office beyond the date specified in Article 137 (1) of the Ve. THE [to ensure the same data content of the individual ballot box in Hungary and the Hungarian polling station resignation of the deadline Due to the change of legislation no longer be taken into account. This is the electo by email informs. ”

4. A In the election of nationality self -government representatives, the proceedings of the vote counting committee are issued 1 for the qualification of the ballot of another election on the same day /2019. Modify NVB Guideline

4.1. Section 1 of the operative part of the guideline is modified as follows:

“1. Among the ballot papers used in the election of nationality self -government representatives multi -voter [ Eligible for the election of nationality self -government representatives] electoral committee and the Territorial Electoral Committee Only the official ballot papers of the nationality vote are entitled to classify as a valid or invalid ballot. ”

4.2. Section 2 of the operative part of the guideline is modified as follows:

“2. In an envelope used in the election of nationality self -government representatives , the members of the European Parliament or the The ballot paper for local government representatives and mayors is not the official ballot paper for the election of nationality self -government representatives on its classification as a valid or invalid ballot new [ Eligible for the election of nationality self -government representatives] multi -voter electoral committee and the Territorial Electoral Committee is not entitled to make a decision. The number of such ballot papers is recorded by the acting electoral committee in a separate record, as well as such ballot papers [and them] by type of choice and per constituency It is separately bundle for identification and usability in any remedies. ”

4.3. Section 3 of the operative part of the Guideline is modified as follows:

„3. A Local Electoral Committee in several voters and the Territorial Electoral Committee nationality self -government , the members of the European Parliament or the election of local government representatives and mayors ballot over [his ballot papers] In the absence of a ve. [can be transmitted] can be transmitted and Such a ballot paper is the election of members of the European Parliament or The election of local government representatives and mayors is not to determine the results of the voter and the result of the election [can be taken] can you take considering. ”

4.4. Section 4 of the operative part of the guideline is modified as follows:

„4. The local electoral committee in one polling station will carry out the evaluation of the ballot papers of the European Parliament and the election of local government representatives and mayors in closed and non -closed envelopes, which contains the nationality votes to be counted. [ In order to ensure the basic principle of the purity of the election, the participating electoral bodies must act in the use of certain provisions on the construction of the polling station and the polling station in such a way that the election of local government representatives and mayors at the same time and space is physically different. ”

4.5. Of the legal provisions interpreted and literally cited in the guidelines, Ve. § The following provision is replaced:

„307/O. § (1) castle county general meeting [municipal ] , the Metropolitan General Assembly and a copy of the polling station on the result of the mayor's election will be delivered to the regional electoral office by 10 am on the day after the vote.

(2) The Territorial Electoral Committee shall determine on the basis of the voting records castle county general meeting [municipal] , the Metropolitan General Assembly and the result of the mayor's election. ”

4.6. Of the legal provisions interpreted and literally cited in the guidelines, Ve. 323/A. § The following provision is replaced:

“323/A. § (1) The Voting Counting Committee shall conclude the envelopes in separate conveyors without their resolution and transport the supplies to the local electoral office.

(2) Unlike paragraph 1, envelopes containing ballot papers referred to in Article 327 (1)

(a) Local Election Committee acting under the competence of a voting committee in one voting commission does not enclose it to the local electoral office,

(b) the voting counting committee operating in a settlement other than the local electoral office shall be transported directly to the local electoral committee.

(3) The Local Election Office delivers to the Regional Electoral Office the suppliers containing ballot papers referred to in Article 327 (2). ”

4.7. Of the legal provisions taken into consideration in the guidance, Article 179 (1) of the Ve.

“179. § (1) The voter is received by the voter on the printed polling list and, in the case of Article 175 (2), in the list of citizens requiring a moving tour prove it by signing your own hand. ”

4.8. Of the legal provisions taken into consideration in the guidance, Article 202 (3) of the Ve. Shall be replaced by the following:

“(3) The head of the vote counting committee shall forward the data content of the polling station minutes to the local electoral office immediately after completing the minutes, which is election [Voting Summary] records it in an IT system. ”

4.9. Of the legal provisions taken into consideration in the guidance, Article 203 (1) of the Ve. Shall be replaced by the following:

Article 203 (1) The Voting Counting Committee shall transport the minutes, electoral records, forms and ballot papers to the local electoral office immediately after completing the voting count and completing the minutes, which contains the data content of the voting report. election [Voting Summary] records it in an IT system.

4.10. Of the legal provisions taken into account in the interpretation, Article 301 of Ve. Shall be replaced by the following:

“301. § In the election of local government representatives and mayors, I-XII. And Article 250 (6) and (7) Paragraphs shall be applied with the differences in this section. ”

4.11. Of the legal provisions taken into account in the guidance, Ve. 307/m. § The following provision is replaced:

“307/m. Odu castle county general meeting [municipal] , the Metropolitan General Assembly and applied separately for the election of the mayor. ”

4.12. Of the legal provisions taken into account in the guidance, Ve. 307/m. § The following provision is replaced:

“308. § I-XII. And the 307/d. §, 307/ [F] E . §, a 307/ [G] F . § (3) and (4) paragraph e and 307/l. (2) and (3) shall apply with the differences in this section. ”

4.13. Section 309 (1) of the Ve.

“309. § (1) The general election of minority self -government representatives is not later [seventy -fifth] sixty -ninth day, he sets out on the day of the general election of local government representatives and mayors. ”

4.14. Section 329 (1) of the Ve.

“329. § (1) A copy of the minutes of the minutes of the counting of the voting count of Article 327 (1) is not later third day [Until 10 am] It will send it to the regional electoral office. ”

4.15. 20/2019 on the election of local government representatives and mayors and the election of minority self -government representatives in the interpretation on the detailed rules of the tasks within the competence of the electoral offices and the forms of forms to be used in the electoral procedure. (VII. 30.) IM shall be replaced by members of the European Parliament, local government representatives and mayors, and nationality self -government representatives in a joint procedure for the detailed rules for the implementation of the tasks within the competence of the electoral offices, the establishment of the electoral results, 2/2024 on the rules to be used in the joint process. (III. 11.) IM shall take place:

„ Members of the European Parliament, local government representatives and mayors, and nationality self -government representatives, in the general election of 2024 in the joint proceedings of the detailed rules for the implementation of the tasks within the competence of the electoral offices, the establishment of nationally overall data of electoral results, 2/2024 on forms. (III. 11.) IM

“8 § (1) Beyond the tasks of HVI - in the Ve. -

(...)

(f) compares the data content of the voting reports with the data stored in the IT system and, in the event of deviation, shall, within its own competence, repair the data stored in the IT system.

Annex 35. (III. 11.) IM - General Voting Protocol The members of the European Parliament, local government representatives and mayors and nationality self -government representatives ”

4.16. The justification for guidance is added to paragraph [2]-[3] and the numbering of the subsequent reasons is properly modified:

“[2] The eleventh amendment to the Fundamental Law of Hungary amended Article 35 of the Fundamental Law, in the event of a general election of local government representatives and mayors in April, May, June or June, following the previous general election of local government representatives and mayors.

[3] Act XXII of 2022 on certain issues related to the operation of the territorial administration and the amendment of certain laws in relation to the eleventh amendment of the Fundamental Law. The provisions of the Ve. - Amended the election of local government representatives and mayors, nationality self -government representatives and members of the European Parliament. ”

4.17. The reason for guidance is 4-8. Its points are changed as follows:

„[[2]][4] A [two] three Organizing and conducting the vote in the same place and time requires special care from the electoral bodies concerned. It is extremely important for the organization that the polling station vote is done in such a way that the nationality voter is practicing three [two] choice of constitutional rights that the will of the voter you want all three [two] to prevail. This requires an organization of voting that ensures that they are handed over to all nationality voters on the one hand z European Parliament, a The ballot papers of the municipal and the nationality election, and on the other hand, is that the voter is z European Parliament and local government election [your ballot papers] ballot papers (hereinafter referred to as a white ballot), place it in the urn with or without an envelope (hereinafter referred to as "white envelope"), while inserting the ballot papers of the nationality election in an envelope containing its nationality, and thus throw it into the urn. Former choice ok The use of the envelope is not mandatory for it, and there is no legal consequence to fail, but for the latter election, the validity of the ballot paper is a prerequisite for the envelope containing the nationality and the envelope closing the envelope.

[[3]][5]The issue of law that this guideline is to be answered by interpreting the rules of the Ve. the European Parliament or The municipal election ballot is found.

[[4]][6]Pursuant to Article 9 (3) (e) of the Fundamental Law general choice as well as the European Parliament Election badge. With regard to the nationality elections, the same authority shall be entitled to the National Electoral Committee on the basis of Article 309 of the Ve. THE three [two] special procedural rules for election - Act CLXXIX of 2011 on the Rights of Nationalities. (hereinafter referred to as n [I] j Act L. of 2010 on the Election of Local Government Representatives and Mayors and CXIII of 2003 on the election of members of the European Parliament. by law beyond fixed financial rules - the legislator also regulates in a separate chapter between the special provisions of the Ve. out of three As a result , MEPs elected to election of members of the European Parliament, and Hungary will become members of the body of the Basic Law under Article (E) (2) of the Fundamental Law to jointly exercise with other Member States of the European Union . Not disputed therefore in a joint procedure [one day] held, [but two] three Various general elections will be held, when voting counters, local and regional electoral committees involved in the counting counting must be strictly implemented by legal provisions related to the given election.

[[5]][7]Pursuant to Article 188 of the Ve. To the SZSZB to count the vote only to members of the European Parliament and It has the authority to choose local government representatives.

[[6]][8]A and. 323/a. § (1) [-a] on the basis of the SSB, the green envelopes for the placement of nationality ballot papers, whether they are closed, and sort the green ballot papers from white ballot papers and envelopes, examining the closed and uncertain white envelopes. [ The SZSB groups green envelopes and green ballot papers outside the envelope and closes them in a conveyor envelope. The SZSB is Vhr. The number of green envelopes placed in the conveyor envelope and green ballots outside the envelope placed in the conveyor envelope shall record the number of green envelopes placed in the conveyor envelope. All this also means that after the sorting and the transport envelope, the SZSZ has no green envelope or a green ballot, only the ballot papers.] ”

4.18. The justification for guidance is added to paragraph [9]-[12], and the numbering of the subsequent reasons is properly modified:

“[9] The SZSB groups the closed green envelopes and outside the envelope by nationality and enclosures by nationality, as well as on the supplier of nationality, settlement and polling stations, as well as the closed green envelopes, unlocked green envelopes and green polls outside the envelope. The SZSB is Vhr. [2] 35. The number of green envelopes placed in the conveyor envelope shall be recorded in the General Voting Protocol of Annex II. This also means that after the sorting and the transport envelope, the SZSZ has no green envelope or a green ballot, only the ballot papers of the municipal election.

[10]Supply envelopes containing municipal, regional list and national listing of the nationality, which are elected in the settlement, shall be transported directly to the HVB in the settlement, the SZ

[11]Ve. 323/A. (2) (a), the HVB, which acts in the voting settlement, does not enclose the envelopes of the municipal, territorial and national listing of the nationality, which will be elected in the settlement. Consequently, the HVB, which is responsible for the SSB, closes the closed envelopes containing the territorial list and national listing of the nationality in the SSB, which is not elected in the settlement and transported to the local electoral office.

[12]All this means that after the sorting and the transport envelope or envelope, the SZSZ has no green envelope or green ballot, only the European elections and the local elections. Furthermore, there is no green envelope and green ballot for the nationality in the one polling station at the HVB acting under the competence of the SSB, which is not elected in the settlement. The HVI, if the municipal election of the given nationality has not been elected, will deliver the TVI to the TVI for the conveyor covers containing nationality ballot papers. ”

4.19. Paragraphs [13]-[15] of the Guideline are changed as follows:

„[[8]][13] A voter HVB - per nationality and polling station - receives a conveyor envelope. The conveyor envelope contains closed and open green envelopes and green ballot papers outside the envelope. THE HVB in several voters' settlements z Mix the content of the transport envelopes of a given nationality to ensure the confidentiality of the vote. The reasoning of this procedural act is made by the Constitutional Court 32/2004. (IX. 14.) AB also provides for the argument of the vote in connection with the secrecy of the vote. In its decision, the Constitutional Court stated the following: “According to the Constitutional Court, the secrecy of the vote is a requirement that requires an absolute implementation of the elections. The state must ensure the confidentiality of the vote under all circumstances. The confidentiality of the vote is also violated by the fact that the votes cast by the voter can be reconstructed during the counting of the votes, the vote counting committee can determine the vote the voter has cast. ”

[[9]][14] After mixing voting documents from different polling stations, it is no longer possible to determine which polling station each green envelopes came from. The next moment is the voting documents separation according to the fact that the green envelope was closed, open and the ballot paper was not in an envelope. Section 326 (2) of the Ve. (2) states that they are invalid on the latter ballot papers (outside the envelope). After all of this a voter HVB counts the closed green envelopes and the result is recorded by the VHR. 47., 4 [3]8. and 60. Annex I in the appropriate box.

[[10]][15] This is followed by counting the ballot papers in the sealed green envelope. The Voting Calculation is classified by the HVB in two steps. Once the envelope has been unveiled, it must be determined whether the document there is an official ballot paper for the nationality election. If so, the Commission must take a stand on whether the ballot is valid. Article 193 (1) of the Ve. If the ballot is valid, the vote is classified as the Ve.

4.20. Paragraphs [16]-[23] of the Guideline are amended as follows:

„[[11]][16] [In paragraphs [8]-[9]] In paragraphs [13]-[14] The procedure written is also applicable to the counting of the TVB.

[[12]][17] In the election of the representatives screw Njtv. and Ve. -156 -159. § 160-162. Section 308, Article 321, and Annexes 5 and 6, and the HVB, TVB and NVB are defined by individual candidates, the territorial list and the national list. Pursuant to Article 163 (1) of the Ve.

[[13]][18] A voter For HVB, the official ballot of the municipal nationality election is the vote of the nationalities approved by the HVB that has been elected. The official ballot paper of the regional nationality self -government election is the area of competence of the HVB castle The ballot approved by TVB in the county, the voting papers of the nationalities which have been designated by the NVB. The official ballot paper of the national nationality self -government election is the NVB's ballot approved by the NVB for the nationality. Only in respect of these ballot papers shall be the invalidity pursuant to Article 193 (1) of the Ve.

[[14]][19] Other document, including (main) mayor, individual constituency, individual list , Metropolitan General Assembly, or the castle county general meeting [Listed] Election ballot is not the official ballot pap of the municipal election of the particular constituency, nor is the nationality or national list of nationality listed or national listed in accordance with Article 327 (2) of the Ve. Therefore, the ballot papers of any type of election at the same time are not considered as the official ballot papers under Article 186 (1) of the Ve.

[[15]][20] Ve. Not regulating the For another choice in a joint procedure [to other electoral procedures] procedure for electoral documents related to the actual voter HVB and TVB have no powers of action, so they must be counted, bonded separately and an extraordinary protocol of the event. Ballot papers for other electoral procedures in the absence of a legal provision voter To remove from HVB or TVB and possibly the [already counted] (person) mayor, individual list, individual constituency, Metropolitan General Assembly, or castle county general meeting [Listed] choice already established cannot be taken into account in its results.

[[16]][21] Ve. 323/A. §§ contains a clear provision about the order and direction of the delivery of voting documents. Green envelopes and green ballot papers outside the envelope are placed in the conveyor and the SZSB to the HVI ( deliver in order to make a voter HVB and TVB make the vote count. The counting of these ballot papers is thus partially separated in space and time the European Parliament and counting the ballot papers of the municipal election. Nor members of the European Parliament and There is no itemized provision between local government representatives and mayors, nor the procedural rules of the election of nationality self -government representatives, in addition [and] Ve. 323/A. § The fact that the voter HVB or [/] TVB would have a job found in the counting of the vote European Parliament or transportation of local ballot papers in any direction. This would not be feasible in practice as the voter HVB , or [/] TVB mixes the nationality voting documents from each polling station by nationality, after which their place of origin can no longer be identified.

[[17]][22] In addition Members of the European Parliament, election as well as When counting the voting of local government representatives and mayors, the procedure would be possible to reopen the already completed polling reports. It would be contrary to the itemized provision of Article 188 of the Ve. [done the next day] There is no ballot paper that must be taken into account during a nationality counting. THE z European Parliament and In the case of municipal votes, in the case of transporting non -statutory procedures in unknown circumstances, the secrecy of the votes cannot be ensured or excluded by the possibility of abuse of ballot papers, which violates the purity of the election. The purity of the choice, as stated in the report issued in the Curia regarding electoral and referendum procedures, permeates the entire election process, and the whole election must comply with this principle. On the basis of these, any sex procedure, which is established in the absence of a legal provision in this guideline, can cause violation of the itemized provisions of the Ve.

[[18]][23] The interpretation contained in this Guideline also ensures the proper exercise of the right of appeal. THE voter HVB and a Tvb counts the votes at its public meeting and records a separate protocol of different ballot papers. On the one hand, this document is public data under Article 2 (2) of the Ve. voter HVB , or [/] Tvb Each member of the agent receives it in a copy, facilitating the election procedure primarily involved in the results of the earnings European Parliament or Practicing candidates and nominee organizations to appeal to local government representatives and mayors. The extraordinary protocol issued in this way can be used in the HVB 307/n. (1) of the Act, in an appeal proceeding against the decision of the mayor's election, individual list election or individual constituency election, in the appeal proceeding on Article 241 (2) (a) of the Ve. The same applies to TVB in Ve. (2) castle county general meeting [municipal] and for FVB the mayor's election and the General Assembly election in the appeal procedure against its decision. ”

5. The guideline shall enter into force on the day after the date of its implementation.

6. This NVB Guidelines shall be implemented by entering into the entry into force of each amendment provisions and repealed provisions, so that the day following the establishment is implemented, this Guideline shall be repeated without further decision.

7.

Justification

General justification

Following the review of the Guidelines on 14 December 2021, the Ve. As a result, the National Election Office repeatedly reviewed the guidelines on the basis of its duties in Article 75 (1) (c) of the Ve.

The formal modification of the guidelines and the repeal of certain guidelines are set out in accordance with Section 1/2024. NVB guidelines have been carried out, while the transmission of content modifications and, in the case of these guidelines, the legislation of the interpreted and taken into account shall be entered into in this guideline.

Detailed justification

To point 1

The Guidelines adapt to the procedure for the control of recommendations, as defined by Ve. NVB guidelines. In order to reduce the electoral offices, the legislator modified Article 127 of the Ve. However, when setting up the mayor, and for the announcement of the national list of nationality municipal representatives in the election of local government representatives and mayors in the election of local government representatives and mayors, The rights of candidates and nominee organizations are properly applied in the extreme case in the electoral procedure.

To point 2

Voting rules have been changed several times, as a result of which the voting in the letter is no longer permitted in the foreign missions, but also the department provides the possibility of replacing the voting letter package for voters who could not receive the letter package by mail. However, the replacement of the letter package still does not allow the replacement of the voting letter package received by the foreign mission. NVB guidelines shall be modified to contain an interpretation that harmonizes with the applicable legal provisions.

To point 3

4/2018. The legislator, interpreted by the NVB guideline, was amended by the legislator that the resignation of the candidacy could only be possible until the second day before the vote, in such a way that it would be suitable for a legal effect. At the same time, the guidelines did not become unnecessary, because the validity of the different reasons for relegation has been subject to different dates of the legislator and the change in the formal conditions of resignation also requires the maintenance of the guideline.

To point 4

1/2019. Due to changes in certain legal provisions interpreted by the NVB guidelines, it is also necessary to amend the guideline, but in particular, as the election of minority self -government representatives, the election of members of the European Parliament should be held at the same time as the election of local government representatives and mayors.

Budapest, April 8, 2024

Dr. Róbert Sasvári
the National Electoral Committee
president