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4/2004. resolution number

4/2004. (IV. 29.) OVB resolution - acting in Article 34 (2) (a) of Act C of 1997 on the Electoral Procedure, on the collection of signatures*

The National Election Committee, acting within its competence as laid down in Section 34 (2) a) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

regarding signature collection:

According to Ve. Section 118 (2), the provisions of, among others, Section 48, Section 50 (1) c) and (2), as well as Sections 54, 59, and 60 of the Act must be applied mutatis mutandis to the collection of signatures for national referendums, with the deviations laid down in Chapter XIII.

Based on Section 48 (1), recommendation slips may be collected anywhere - with the exception of paragraph (2) - without harassing citizens.

According to paragraph (2), recommendation slips may not be collected:

a) at a workplace during working hours or while fulfilling a work obligation arising from an employment relationship or another legal relationship aimed at performing work,

b) from a person in a service relationship with the Hungarian Defence Forces and law enforcement agencies at the service location or while performing a service duty,

c) on public transport vehicles,

d) in the official premises of state and local government bodies.

Paragraph (3) states that it is forbidden to give or promise an advantage to the recommender or to another person on their behalf for the recommendation, and to ask for an advantage or to accept an advantage or a promise of it for the recommendation.

According to Section 50 (1) c), a recommendation that was collected in violation of the recommendation rules is invalid. Paragraph (2) states that if a person has recommended the same candidate more than once, all their recommendations are invalid.

Based on the provisions of Sections 54 (1)-(2), the competent election committee must verify the recommendations. The verification of the recommendations means the verification of the number, the provisions of Section 46 (2), Section 50 (1) a)-b), and paragraphs (2)-(3), as well as the identification of the voters who handed over the recommendation slips.

Section 59 states that it is forbidden to make copies of the recommendation slips. The technical records kept for the purpose of determining the validity of the nomination are not considered copies. The data on the nominating person for the nomination are not public. In the event of an objection related to the nomination, the data on the recommendation slip and the technical records may be verified by the competent election committee, the election office, and the court. The competent election office shall destroy the recommendation slips and the technical records on the day of the vote. The election committee shall verify the nominating organization's right to nominate in the register of social organizations registered by the court.

Section 60 stipulates that a candidate must destroy the recommendation slips that have not been submitted within three days of the deadline for their submission and must prepare a record of this. The record must be handed over to the election committee within three days.

The National Election Committee states that an act facilitating signature collection is any technical assistance that makes it easier, such as handling, storing, copying signature sheets, handing them over or otherwise making them available to the person collecting the signatures or the signing citizen, and enabling others to perform the aforementioned acts.

In view of this, organizations and institutions that are excluded from signature collection by location based on the Ve. may not provide the technical assistance mentioned above for signature collection that is suitable for implementing signature collection in a prohibited manner by any means.


Dr. Lajos Ficzere

President of the National Election Committee

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