Appointment of Election Commission Members

In the by-elections for local government representatives and mayors, as well as in the by-elections of the members of the assembly and the mayor of the capital, the organizations nominating candidates or lists are entitled, as it is the case with the rules applicable to general elections, to appoint election commission members. The table below summarises to which election commission the organizations are entitled to delegate members in a given by-election:

Individual candidates and organizations nominating a candidate or list, participating in a municipal, regional or mayoral by-election may delegate two members to the Polling Station Commissions and the election commissions of municipalities with a single electoral district.

For by-election of municipal council members and the mayor, one member may be delegated to the Local Election Commission by nominating organizations that nominate a candidate or submit a compensation list in the municipality concerned, as well as by independent candidates running in the municipality.

For the Regional Election Commission, one member may be delegated by a nominating organization that submits a county list, a capital city list, or a candidate for mayor of Budapest, as well as by an independent candidate for mayor of Budapest.

Nominating organizations are not entitled to appoint members to the National Election Commission.

Nominating organizations fielding joint candidates or lists are jointly entitled to appoint a member to the election commission.

Conditions of appointment (delegation)

Only persons who are eligible to stand as candidates in the local government and mayor by-elections may be appointed as members of the election commission.

Appointed members of the election commission do not need to have a registered address in the given constituency.

Conflict of interest

The following persons may not be appointed as members of the election commission:

• the President of the Republic
• the First Officer of the House,
• a Member of Parliament,
• the deputy mayor,
• the clerk,
• member of another election commission or election office,
• a person in service of the Hungarian Armed Forces
• a candidate.

Registration of appointed members

Appointed members of the Local Election Commission and Regional Election Commission must be registered with the chair of the competent election commission by 16:00 on the 9th day prior to the vote.

Appointed members of the Polling Station Commission must be reported to the head of the local election office, also by 16:00 on the 9th day prior to the vote.

The registry must include:

• the name of the nominating organization (and its representative) /the independent mayoral candidate /the independent candidate,
• the name and personal identification number of the appointed member, their telephone or email contact details, and
• the designation of the election commission (to which the appointment applies).

The document serving as the appointment must be signed by the representative of the nominating organization.

There is no fixed format for the registry; it is drawn up by the nominating organization itself, provided that it contains all the information specified in Section 30(3) of the Act on Electoral Procedure. For the reasons described above, there is no legal obstacle to the nominating organization submitting its registry in block form (e.g. in tabular form).

The electoral office verifies the voting rights of the appointed member. If the appointment does not meet the conditions laid down by law, the chair of the electoral commission shall refer the matter to the electoral commission. The election commission shall decide on the acceptance or rejection of the appointment within three days of the notification. In the case of an appointed member of the polling station commission, the head of the local election office shall reject the appointment if it does not meet the conditions laid down by law.

The appointee shall sign a declaration of conflict of interest, at the latest before taking the oath of office.

The contact details required for making the declaration are available here:

• contact details of the regional election offices operating alongside the regional/capital city election commission,
• contact details of local election offices.

The document for the appointment of the member and the declaration of conflict of interest of the appointed member must be sent to the competent electoral body in paper form and in the original or certified with an electronic signature by e-mail or through the official portal.

Documents for appointments to the Polling Station Commission may only be submitted in person (by a representative or authorised representative of the nominating organization) to the election office of the individual parliamentary constituency with jurisdiction over the location of the local election office.

Oath or pledge

The appointed member must take the oath or pledge within five days of their appointment, and in the case of Polling Station Commission members, no later than the second day before the vote. Members of the Polling Station Commission/Local Election Commission shall take the oath or pledge before the mayor, members of the Regional or Capital City Election Commission shall take the oath or pledge before the chair of the county assembly/mayor, and members of the National Election Commission shall take the oath or pledge before the Speaker of the House, in accordance with the text of the Act on the Oath and Pledge of Public Officials. The oath or pledge may only be taken in person.

The most important legal effect of taking the oath or pledge is that the member of the election commission may only exercise their rights after doing so.

Termination of the mandate of election commission members, filling vacant positions

The mandate of the appointed members of the Regional/Capital City Election Commissions, Local Election Commissions and Polling Station Commissions shall terminate when the results of the by-election become final.

In addition to the above, the mandate of a member of the election commission shall terminate:

• if the legal conditions for the mandate cease to exist,
• if the election commission has determined that a member has a conflict of interest,
• upon resignation,
• if the appointing authority revokes the mandate of the appointed member,
• if the member’s appointing independent candidate or nominating organisation is no longer in the competition
• upon the death of a member of the election commission.

In the event of the termination of the mandate of the appointed member, the nominating organisation/independent candidate concerned may appoint a new member, except in the case of the candidate or nominating organisation is no longer participating in the election.