9/2006. Resolution

The National Election Committee, acting within its competence as laid down in Section 90/A (4) a) of Act C of 1997 (hereinafter: Ve.), issues the following resolution on taking ballot papers out of the polling station.

According to Ve. Section 70 (1), "The voter shall place the ballot paper in an envelope and deposit it in the ballot box in front of the vote counting committee."

The grammatical and logical interpretation of this provision, as well as the fundamental principles of the electoral procedure formulated in Ve. Section 3 a) and d), namely the protection of the integrity of the election and the prevention of electoral fraud, and the principle of good faith and proper exercise of rights, imply that the ballot paper is a public document whose purpose is to represent the will of the voters and to determine the election results.

Consequently, it violates the principle of good faith and proper exercise of rights if a voter treats the ballot paper as their own and takes it out of the polling station. Taking the ballot paper out of the polling station could lead to electoral fraud, and preventing this is a public interest related to the integrity of the elections.

The improper use of the ballot paper may also violate the constitutional requirement of the secrecy of elections.

According to the OVB's position, the ballot paper in its physical reality does not belong to the voter, so the fundamental principle laid down in Ve. Section 3 b) - voluntary participation in the vote - does not authorize taking the ballot paper out of the polling station.

Budapest, 30 March 2006

Dr. Péter Szigeti
President of the National Election Committee