The National Election Committee, acting within its competence as provided for in Section 90/A (4) a), Section 99/K (5) a), Section 105/A (4) a), and Section 124/A (3) a) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

on certain issues of mobile ballot box voting.

The Ve. provides for mobile ballot box voting as follows:

"61. § (3) In order to enable a voter with limited mobility to vote, - upon their request - a mobile ballot box shall be brought to them within the jurisdiction of the ballot counting committee by at least two of its members, and if they wish to vote with a certificate, they shall be included in the register. The mobile ballot box can be requested by the voter in writing from the head of the local election office, or on the day of the vote from the ballot counting committee. The ballot counting committee of the voter's place of residence is competent for the conduct of mobile ballot box voting, and in the case of a voter voting with a certificate, the ballot counting committee designated according to Section 10 (2) is competent - with jurisdiction over the entire settlement. The registration of a voter with limited mobility who votes with a certificate shall be checked retrospectively by the ballot counting committee designated according to Section 10 (2)."

The Ve. provides the following special rules for the election of members of parliament:

"89. § (8) If the certificate is for both rounds of the election, in the first round of the election, the head of the local election office or the ballot counting committee designated for voting with a certificate shall indicate the fact of the voter's registration on the certificate and stamp it. The certificate for both rounds of the election shall be returned to the voter in the first round."

a) Based on the request for a mobile ballot box, only the ballot counting committee may order mobile ballot box voting; the two members acting are not authorized to do so. For mobile ballot box voting, the register of voters who have requested a mobile ballot box must be used to verify the vote.

b) The voter may use assistance to deliver their written request, but the National Election Committee is of the opinion that it violates the electoral principles of protecting the integrity of the election, preventing election fraud, and exercising rights in good faith and for their intended purpose, as laid down in Section 3 a) and d) of the Ve., if anyone publishes an appeal for mobile ballot box voting, offers intermediary services, or engages in any other form of mobilization activity in order to organize the vote, or if someone requests a mobile ballot box for another person without their knowledge and consent.

c) In the opinion of the National Election Committee, the guarantee rules for voting must also apply to mobile ballot box voting. Thus, even in the case of mobile ballot box voting, only a voter who is on the register may vote. If there is no obstacle to voting, the members acting on behalf of the ballot counting committee shall hand over the ballot paper to the voter with limited mobility. The members acting for the mobile ballot box voting may carry with them no more than twice as many pre-stamped ballot papers as there are voters on the register of those who requested a mobile ballot box. The voter shall confirm the receipt of the ballot paper with their own signature on the register. In the case of a voter who is unable to write, the two members of the ballot counting committee shall sign the mobile ballot box register on their behalf, indicating this fact.

The obligation to ensure the secrecy of the vote, adapted to local circumstances during mobile ballot box voting, does not require the installation of a voting booth. Thus, the lack of a voting booth in itself does not constitute a violation of the rules of the election, especially the principle of secret ballot. According to the legal provisions, the voter is not obliged to use a voting booth, and secrecy can also be ensured without the use of a voting booth.

d) In the election of members of parliament, the election of members of the European Parliament, and the national referendum, the Ve. contains a special guarantee provision for the case where a person who has a certificate requests a mobile ballot box but has not requested to be included in the register from the head of the local election office before the vote. In this case, the members acting on behalf of the ballot counting committee of the designated polling station shall make a preliminary decision as to whether the legal conditions for registration are met on the basis of the certificate presented; if so, mobile ballot box voting may take place, at the same time as the certificate is withdrawn. Upon returning to the polling station, the ballot counting committee also checks the existence of the legal conditions for registration on the basis of the certificate and decides on the registration. If the ballot counting committee decides that the citizen cannot be registered on the basis of the certificate, the provisions of Section 72 (5) of the Ve. shall be applied.

In the first round of the election of members of parliament, however, different provisions apply: the certificate for both rounds cannot be withdrawn, the members acting on behalf of the ballot counting committee of the designated polling station shall indicate the fact of registration on it and stamp it. In this case, since the certificate is not available, the ballot counting committee automatically registers the voter.

Simultaneously with the publication of this resolution, the National Election Committee repeals Resolution 12/2002 (IV. 2.) OVB and Resolution 13/2006 (IV. 13.) OVB.

Budapest, 25 February 2008.

Dr. Gábor Halmai
Deputy President of the National Election Committee