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

According to Section 3 (3) of the Constitution, parties may not directly exercise public authority. Accordingly, no party may direct any state body. To separate parties and public authority, a law determines the positions and public offices that a party member or official may not hold.

Section 61 (1) of the Constitution states that in the Republic of Hungary, everyone has the right to freedom of expression and to know and disseminate data of public interest.

According to Ve. Section 2, the electoral procedure act shall apply to:

a) the election of Members of Parliament,

b) the election of members of the European Parliament,

c) the election of local government representatives and mayors,

d) the election of members of minority self-governments,

e) national referendums,

f) local referendums,

g) national popular initiatives,

h) local popular initiatives, and

i) electoral procedures for which the application of this act is ordered by law [the items in a)-i) together: election].

According to Ve. Section 3, in the application of the rules of the electoral procedure, the participants involved in the election must enforce the following fundamental principles:

a)preserving the integrity of the election and preventing electoral fraud,

b)voluntary participation in nominations, the election campaign, and voting,

c)equal opportunity for candidates and nominating organizations,

d)bona fide and proper exercise of rights,

e)the possibility of legal remedy and its impartial adjudication,

f)the quick and authentic establishment of the election result.

According to Ve. Section 40 (1), the election campaign lasts from the calling of the election until the beginning of election day.

According to Ve. Section 92 (3), the State Audit Office shall ex officio check the use of state and other funds spent on the election for the nominating organizations and independent candidates who gained parliamentary representation within one year after the second round of the election, and for other nominating organizations and independent candidates at the request of another candidate or nominating organization. A request for a check may be submitted within 3 months after the second round of the election. A motion for evidence must be attached to the request.

Based on Ve. Section 149 o), an election campaign is: presenting an election program, popularizing a candidate, list, or nominating organization, organizing an election rally, placing a poster, and using volunteers.

The cited Section 3 (3) of the Constitution regulates the separation of parties and public authority, stating that parties may not directly exercise public authority, and no party may direct any state body. Section 61 (1) of the Constitution simultaneously states that everyone has the right to know data of public interest.

According to Ve. Section 3, the fundamental principles specified therein must be enforced by the participants involved in the election that falls under the substantive scope of the Ve. [Ve. Section 2 a)-i)].

The election campaign regulated in Ve. Chapter VI (Ve. Sections 40-45) is part of the procedure that falls under the substantive scope of the Ve.

The National Election Committee states that state bodies that do not fall under the organizational scope of the Ve. - such as the Parliament, the Government, and other administrative bodies, judicial and prosecutorial bodies, etc. - are not participants in the electoral procedure that falls under the substantive scope of the Ve. The exercise of the duties and competencies and the activities of state bodies that do not fall under the organizational scope of the Ve. do not fall within the scope of the electoral procedure regulated by the Ve. Therefore, the exercise of the competencies and duties and the operation of state bodies cannot be classified as an election campaign as defined in Ve. Section 149 o) and regulated in Sections 40-45, nor can it be considered a campaign act.

The National Election Committee does not have the competence to check the use of state and other funds spent on the election. The checking of the use of these funds is a competence of the state body defined in Ve. Section 92 (3).

Dr. Lajos Ficzere

President of the National Election Committee

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