Repealed by Resolution 1/2007. (III. 19.) OVB

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:

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According to Section 2 of the Ve., this Act must be applied to:
a) the election of parliamentary representatives,
b) the election of local government representatives and mayors, as well as members of local minority governments,
c) national and local referendums,
d) national and local popular initiatives, and
e) those electoral procedures for which the application of this Act is ordered by law [items a)-e) together: election].

According to Section 3 of the Ve., during the application of the rules of the electoral procedure, the participants involved in the election must enforce the following fundamental principles:
a) safeguarding the purity of the election, preventing electoral fraud,
b) voluntary participation in nomination, election campaign, and voting,
c) equal opportunities among candidates and nominating organizations,
d) good faith and proper exercise of rights,
e) the possibility of legal remedy and its impartial adjudication,
f) the swift and authentic determination of the election result.

Based on Section 34 (2) of the Ve., the National Election Committee shall
a) issue a resolution for the uniform interpretation of election-related laws and the establishment of a uniform legal practice; there is no legal remedy against the resolution; the resolution must be published in the Hungarian Gazette,
b) decide on the registration or rejection of lists and the candidates on them, and the nominating organizations,
c) draw the serial numbers of the lists,
d) approve the content of the national referendum ballot papers,
e) decide on the submitted complaint,
f) annul the result of the vote if it finds a violation of law that has substantially influenced it,
g) determine which nominating organizations have reached the percentage vote threshold specified by law,
h) determine which of the candidates on the national lists have won a mandate based on the nationally aggregated fractional votes,
i) issue the letters of appointment to the representatives who have won a mandate,
j) determine and publish the nationally aggregated result of the election,
k) schedule the by-election for a parliamentary representative and determine its calendar deadlines,
l) in the event of a violation of law that comes to its knowledge, initiate the decision of the competent body,
m) report to the Parliament on the general election of parliamentary representatives and local government representatives and mayors, as well as on national referendums,
n) act in all matters that are referred to its competence by law.

According to Section 40 (1) of the Ve., the election campaign lasts from the announcement of the election until 0:00 on the day preceding the vote.

According to Section 44 of the Ve., during the campaign period, broadcasters may publish political advertisements for nominating organizations or candidates under identical conditions. It is forbidden to add an opinion or an evaluative explanation to the political advertisement. The provisions of the Act on Radio and Television must be applied to the participation of broadcasters in the election campaign in other respects.

Section 55 of the Ve. provides that the election office issues a certificate of the announcement of the nominating organization, the candidate, or the list, and the election committee issues a certificate of their registration. The competent election committee registers every nominating organization, candidate, or list that meets the legal conditions - within three days of their announcement.

According to Section 93 of the Ve., national public service broadcasters shall publish the political advertisements of nominating organizations that have set up a national list, regional public service broadcasters shall publish the political advertisements of nominating organizations that have set up a regional list in their reception area, and local public service broadcasters shall publish the political advertisements of individual constituency candidates running in their reception area free of charge at least once from the 18th day before the vote until the 3rd day before the vote at the latest. On the last day of the election campaign, the broadcasters specified in paragraph (1) shall publish the political advertisements prepared by the nominating organizations or candidates free of charge, as specified in paragraph (1).

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

The National Election Committee (hereinafter: OVB) establishes that the fundamental principles defined in Section 3 of the Ve. must be enforced by the participants involved in the election - during the application of the rules of the electoral procedure - in accordance with the relevant provisions of the Ve. that specifically regulate the given subject matter of the electoral procedure. This also applies to the fundamental principle regulated in Section 3 c) of the Ve.

The referenced rules of the Ve. (Section 44, Section 93) establish provisions only for the publication or dissemination of political advertisements in connection with the participation of broadcasters in the election campaign. Therefore, the OVB does not have the competence to examine or judge the participation of broadcasters in the election campaign that does not qualify as the publication or dissemination of a political advertisement.


Resolution 4/2002. (II. 7.) OVB stated that a nominating organization, a candidate, or a list gains this status from the point of view of electoral procedural law from the registration by the election committee - in accordance with the provisions of Section 55 of the Ve.

The OVB establishes that the examination and judgment of the activities related to the exercise of the duties and powers of members and officials of state and local government bodies and committees that do not fall under the scope of the Ve. - such as parliamentary or local government representatives, mayors, etc. - do not fall within the competence of the OVB.

Dr. Lajos Ficzere
President of the National Election Committee
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