The National Election Committee, acting within its competence laid down in Section 51 (1) of Act XXXVI of 2013 on the electoral procedure (hereinafter: Ve.), issues the following

directive

1. The provision laid down in Ve. Section 143/A (2) contains a general prohibition that also applies to the election bodies, including the election offices. Based on the legal provision, the election office is not authorized to publish a public call for transport to the polling station. Furthermore, it violates the cited prohibition if the election office transports voters to the polling station by bus to help them get there. Given that neither the Ve. nor any other law governing elections defines a task based on which election offices would be authorized to transport voters by bus to the polling station on election day for any reason, they not only do not have a duty and competence to carry out such a task, but it is also a violation of the law based on the prohibition laid down in Ve. Section 143/A (2).

For the definition of bus transport, Annex I, sub-point II e) of Joint Decree 1/1975. (II. 5.) KPM-BM on the rules of road traffic must be taken into account. According to this legal provision, a bus is a motor vehicle designed for passenger transport that is not connected to an electric overhead line and has more than nine permanent seats, including the driver's seat.

2. In order to promote the exercise of the right to vote based on a free decision, for those voters who wish to exercise their constitutional right guaranteed by the Fundamental Law on election day, but are hindered

a) in their movement due to their health condition, disability, or detention, or

b) for other reasons (e.g., living in a rural area, no passenger transport service is available),

the law provides for the possibility of voting with a mobile ballot box in the case specified in point a), and the use of the help of another person in the case specified in point b).

The directive is aimed at interpreting the following provisions of the Ve.:

"143/A. § (1) A voter is entitled to use the help of another person to request a mobile ballot box and to get to the polling station.

(2) A public call for requesting a mobile ballot box and for transport to the polling station may not be published, and bus transport to the polling station may not be provided."

Justification

The Ve. under the title "VIII. Chapter, Election campaign, 68, Campaign period and tools" contains the prohibition laid down in Ve. Section 143/A (2), which is the subject of this directive.

Given that Ve. Section 142 is located under the same title, which states that "The activities of the election bodies, and the personal communication between citizens - as private individuals - are not considered an election campaign, regardless of their content and form," it is necessary to interpret whether the prohibition laid down in Ve. Section 143/A (2) extends to the election bodies.

According to Ve. Section 3, point 14, an election body is: the election committee and the election office.

The Ve. contains detailed provisions on the duties and competencies of both the election committees and the election offices, and fully regulates their composition and legal status.

Ve. Section 75 (1) lists the basic duties and competencies of the election offices.

According to this, among other things, they

"a) carry out the organizational tasks related to the preparation and conduct of the election,

b) ensure the provision of information to voters, candidates, and nominating organizations, and operate an election information service,

c) carry out the secretarial tasks of the election committees, and prepare for decision the matters falling within the competence of the election committees,

d) ensure the material and technical conditions for the operation of the election committees and the conduct of the voting,

e) organize the training of the members of the election bodies,

f) ensure the handling, safe storage, and destruction of election documents,

g) carry out the tasks related to administrative and IT rehearsals,

h) operate the election information systems necessary for the preparation and conduct of the election, acting within their competence, while ensuring the requirements of data protection and IT security,

i) provide assistance in the aggregation of votes and the establishment of the election results by providing the technical background,

j) carry out other tasks defined in the laws."

During the electoral procedure, the election offices carry out the tasks laid down in the Ve. and other laws governing elections under the central direction of the President of the National Election Office. Based on all this, only the tasks laid down in the cited legal provisions can be considered the activities of the election offices.

The election office does not fall within the scope of the phrase "other person" named in the second clause of Ve. Section 143/A (1), with regard to the general prohibition laid down in Section 143/A (2) and interpreted in point 1 of this directive.

The tasks of the election offices are defined by the provisions of Ve. Section 75 (1) and other laws governing elections. The election offices are only authorized to carry out the tasks defined in the laws in their area of competence.

Dr. András Patyi
President of the National Election Committee