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8/2010. resolution number

8/2010. OVB resolution on the recording of the list of votes repeated in municipal elections

The National Election Committee - at its meeting held on 8 October 2010 - acting within its competence laid down in Section 105/A (4) a) and Section 115/I (8) a) of Act C of 1997 on the electoral procedure (hereinafter: Ve.), issues the following

resolution

.

According to Section 70 (2)-(3) of Act XX of 1949 on the Constitution of the Hungarian Republic (hereinafter: Constitution), "Every adult Hungarian citizen with a place of residence in the territory of the Hungarian Republic and every adult citizen of another member state of the European Union with a place of residence in the territory of the Hungarian Republic has the right to be elected and - if they are present in the territory of the Hungarian Republic on the day of the election or referendum - to vote in the election of local government representatives and mayors, and to participate in local referendums and popular initiatives. A Hungarian citizen may be elected as mayor and metropolitan mayor."; furthermore, "Every adult person recognized as a refugee, immigrant, or settler in the Hungarian Republic has the right to vote in the election of local government representatives and mayors - if they are present in the territory of the Hungarian Republic on the day of the election or referendum - and to participate in local referendums and popular initiatives."


According to Section 70 (5) of the Constitution, "A person who is under guardianship restricting or excluding legal capacity, or is banned from exercising public affairs, or is serving a prison sentence or institutional compulsory medical treatment ordered in a criminal procedure, based on a final judgment, does not have the right to vote. An adult citizen of another member state of the European Union with a place of residence in the territory of the Hungarian Republic may not be elected if, based on the laws, a court or other official decision of the state of their citizenship, they have been excluded from exercising this right in their home country."


According to Ve. Section 12, "After the election is called, the head of the local election office shall compile the register of citizens with voting rights by polling district based on the data of the personal data and address register and the register of adult citizens without voting rights, and shall continuously update the changes on it."


According to Ve. Section 15 (2), "The head of the local election office shall delete from the register a person who has died, who has lost their right to vote, or who has been entered in the register of another polling district due to a change of address."


According to Ve. Section 115/F (1), "The head of the local election office shall decide by resolution on the registration of the applicant in the minority voter register no later than 15 July."


According to Ve. Section 115/H (1), "After the deadline set in Section 115/F (1), no voter may be entered in the minority voter register - with the exception of legal remedy procedures."


According to the National Election Committee, in the election of local government representatives and mayors, the following voters may vote in the repeated vote:

a) those who had the right to vote in the repeated vote and whose right to vote or address in the area of the given polling district has not ceased since then, and

b) those who became eligible to vote between the day of the repeated vote and the repeated vote.

According to the body's position, it is in line with the constitutional principle of equality of voting rights and the principle of good faith and proper exercise of rights that voters who change their address after the repeated vote are not included in the register.

The National Election Committee states that in the election of minority local government representatives, the procedure should be as set out in point a) above.

Dr. Vilmos Bordás

President of the National Election Committee