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Tasks and powers

Tasks and Responsibilities of the National Election Commission

Election commissions are independent bodies, subordinated to nothing but the law. Their primary tasks include establishing election results, ensuring the integrity and legitimacy of elections, enforcing impartiality, and restoring the lawful order of the election when necessary.

Seven members of the National Election Commssion and three alternates are elected by Parliament for nine-year term  based on the nomination  of the President of the Republic.

Along with other relevant legislation the following acts stipulate the norms regarding the duties and the powers of the election commissions: Act CCXXXVIII of 2013, which regulates national referendum initiatives, the financial rules applicable to each type of election, European Citizens’ Initiatives, and the referendum procedure; and Act XXXVI of 2013 on Electoral Procedure.

I. General tasks and responsibilities

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The National Election  Commission

  • Provides guidance for election bodies to ensure the uniform interpretation of the legislation related to the elections and referenda,
  • decides on the registration of nominating organizations,
  • decides on the determination of the duration of public service announcements provided by public service media service providers,
  • decides on objections related to the activities of the Foreign Representation  Election Office,
  • decides on any objection that does not fall within the competence of the single-member constituency election commission  or the regional election commission and whenever the place of commission of the presumed unlawful act cannot be determined,
  • decides on appeal against the decisions of the Parliamentary single-Member Constituency Election Commission  and the Regional ElectionCommission ,
  • decides on the objections  concerning the participation of media service providers , the press and film theaters in the election campaign,
  •  initiates action by the competent body in the event of a violation of the law
  • Monitors the compliance of asset declaration obligations of the Members of the European Parliament (MEPs), and in the event of non-compliance, initiates ex officio proceedings regarding asset declarations in accordance with Section 9/A (5) of Act LVII of 2004 on the Status of Hungarian Members of the European Parliament (hereinafter: Epjtv.).
  • During the proceedings concerning an MEP’s asset declaration, the asset declaration of the MEP’s family members may also examined.
  • Maintains a register of MEPs’ asset declarations.
  • Safeguards the asset declarations of MEPs.
  • With respect to complaints addressed to the NEC, and it lacks jurisdiction, the Commission takes measures to forward the complaint to the competent electoral committee.

II. Special tasks and responsibilities by type of election

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Regarding the election of Members of the Parliament

  • decides on the registration and rejection of national lists and candidates on them,
  • draw a serial numbers of national lists,
  • approves the data content of party lists and nationality lists,
  • decides on the amount of state support granted to the national minority self -governments,
  • determines the number of voters included in the central register, as a nationality voter,
  • supervises the counting of postal votes and establishes the result,
  • establishes the result of the national list election, including:
      • determining which nominating organisations’ lists have reached the legally required vote percentage,
      • determining which nationality lists qualify for a preferential mandate,
      • determining which candidates  on the national lists have obtained a mandate,
      • declaring which nationality spokespersons have been elected,
  • Publishes he credentials of Members elected from national lists and nationality spokespersons,
  • announces the nationwide overall result of the election ,
  • sets the date of an interim parliamentary election and establishes its timetable.
  • registers foreign observers
  • decides whether, after the close of voting, the ballot boxes from foreign missions have arrived in a sealed condition as stipulated in Section 273 of the Act on Electoral Procedure.

Regarding the election of Members of the European Parliament

  • decides on the registration and rejection of  lists and candidates,
  • draw the serial number of the lists,
  • approves the data content of ballot papers for the election of the Members of the European Parliament,
  • supervises the counting of postal votes ,
  • supervises the counting of votes cast at  foreign representations,
  • determines the result of the election, including:
    • determining which nominating organisations’ lists have reached the legally required vote percentage,
    • declaring which candidates on the lists have obtained a mandate,
  • issues credentials to those  elected,
  • announces the official result of the election.
  • registers foreign observers
  • decides whether, after the close of voting, the ballot boxes from foreign missions have arrived in a sealed condition as stipulated in Section 273 of the Act on Electoral Procedure.

Regarding the election of local government representatives and mayors

  • decides on any objection that does not  fall within the competence of the Local Election Commission or the Regional Election Commission and whenever the place of commission of the presumed unlawful act cannot be determined
  • decides on appeals lodged against the decisions of the Regional Election Commission.
  • Imposes a fine in the event of a breach of the legal obligations to submit gathering signatures.

Regarding the election of nationality self -government representatives

  • sets the date of the national election of nationality self-government representatives,
  • decides on the registration or rejection of national lists and candidates,
  • draws the serial numbers of national lists,
  • approves the data content of the ballot papers for the national election of nationality self-government representatives,
  • decides on any objection specifically related to the national election of nationality self-government representatives,
  • determines the results of the election, including:
    • determining which nominating organisations’ lists have reached the legally required vote percentage,
    • declaring which candidates on the national lists have obtained a mandate,
  • issues the credentials of the representatives elected in the national election of nationality self-government representatives,
  • sets the date of the interim nationality self-government election.

Regarding the national referendum

  • decides on the authentication of the referendum question submitted for certification,
  • Imposes a fine in the event of a breach of the legal obligations to submit gathering signatures.
  • publishes its decision on authentication or refusal on the official election website,
  • publishes the decision on authentication or the statement on refusal in the Hungarian Gazette,
  • determines the result of the signature verification,
  • decides on objections related to signature gathering,
  • approves the data content of the national referendum ballot papers,
  • supervises the counting of postal votes and votes cast at foreign representations,
  • establishes the result of the referendum,
  • publishes an official statement on the result of the referendum.

Declaration of nationality as a native group of people in Hungary:

  • decides ont he  authentication of the initiative,
  • determines the number of valid signatures,
  • decides on objections related to signature gathering and requests the opinion of the President of the Hungarian Academy of Sciences on whether the legal conditions are met.
  • Imposes a fine in the event of a breach of the legal obligations to submit gathering signatures.

European citizens' initiative

  • decides on objections related to the collection of support statements, and
  • determines the results of the verification of support statements.

Useful links

Useful Documents

Related legislation