Appointment of a Member of the Election Commission for Parliamentary by-elections

Election Committees in a By-election for a Member of the National Assembly

In a by-election for a Member of the National Assembly, the following election committees operate in the same way as in the general election of Members of the National Assembly:

a) National Election Committee (NVB)

b) Territorial Election Committee (TVB)

c) National Assembly Single-Member Constituency Election Committee (OEVB)

d) Polling Station Committee (SZSZB)

In a settlement with a single polling station, the tasks and powers of the Polling Station Committee are performed by the Local Election Committee (HVB).

Appointment to Election Committees

In a by-election for a Member of the National Assembly, neither nominating organizations nor independent candidates are entitled to appoint members to the NVB or the TVB.

In addition to its elected members, the OEVB is supplemented by one member each appointed by the nominating organizations fielding a candidate in the National Assembly single-member constituency following the announcement of the by-election, as well as by independent candidates.

Nominating organizations fielding a candidate in the constituency, as well as independent candidates, can each appoint two members to the SZSZB and, in a settlement with a single polling station, to the HVB.

Nominating organizations fielding a joint candidate are jointly entitled to appoint members to the aforementioned election committees.

Conditions for Appointment (Delegation)

A person who is eligible to run as a candidate in the specific by-election for a Member of the National Assembly can be an appointed member of the election committee.

An appointed member of the election committee does not need to have a place of residence in the constituency affected by the by-election!

Incompatibility

The following cannot be appointed members of the election committee:

• the President of the Republic
• the Speaker of the National Assembly
• a Member of Parliament
• a Deputy Mayor
• the Notary (chief administrative officer of a municipality)
• a member of another election committee, a member of the election office
• professional and contract soldiers in service with the Hungarian Defence Forces, as well as volunteer reservist soldiers performing actual service
• a candidate

An appointed member of the election committee must declare in writing, no later than before taking the oath, that no conflict of interest exists with regard to their person. A member or substitute member of the election committee is obliged to immediately notify the head of the election office operating alongside the election committee of any conflict of interest that arises concerning them and to report it at the next session of the election committee.

Notification of the Appointed Member

Appointed members to the OEVB must be notified to the chairperson of the competent election committee no later than 4:00 PM on the 9th day before the election day.

Appointed members to the SZSZB must be notified to the head of the local election office also no later than 4:00 PM on the 9th day before the election day.

If the HVI has supplemented the SZSZB due to a large number of voters transferring their registration, the deadline for notifying additional members expires at 4:00 PM on the 2nd day before the election day. The head of the local election office will immediately notify those entitled to appoint members of this possibility.

The notification must include:

• the name of the appointing nominating organization (and its representative) / independent candidate,
• the name and personal identification number of the appointed member, and
• the designation of the election committee (to which the appointment is made).

In addition to the above, it is advisable to provide the direct contact details of the appointed person (email and telephone number) so that the election office can contact them. The document for the appointment must be signed by the representative of the nominating organization.

The election office verifies the voting rights of the appointed member. If the appointment does not meet the legal requirements, the chairperson of the election committee submits the matter to the election committee. The election committee decides on the acceptance or rejection of the appointment by resolution within three days of the notification. In the case of an appointed member of the Polling Station Committee, the head of the local election office rejects the appointment if it does not meet the legal requirements.

Regarding the declaration of incompatibility, it is important to emphasize that its submission is not a prerequisite for the notification of the appointed election committee member; it can be done in the same way as the formal criteria for the notification of the appointed member, even as a separate document. The latest time for submitting the declaration of incompatibility is the time before the member takes the oath, pursuant to Section 18 (4) of the Ve.

The contact details required for submitting the notification are available here:

• Availability data for Parliamentary individual constituency electoral offices with parliamentary electoral electoral committees
• Contact details of local electoral offices.

The document for the notification of the appointed member and the declaration of incompatibility of the appointed member must be submitted in paper form and in original or authenticated with an electronic signature via email or e-paper to the competent election authority.

• For appointments to the County Election Commission (OEVB), submit to the National Election Office (OEVI).
• For assignments to the SZSZB, contact the competent HVI.

When submitting electronically, the signature of the representative(s) of the nominating organization(s) on the authorization must be authenticated by a qualified electronic signature, an advanced electronic signature, or a document authentication service traceable to identification, with the condition that the electronic signer is authorized to represent the nominating organization. In case of submission via e-paper, authentication of the attached notification is also required. The same requirement applies to the electronically submitted declaration of incompatibility.

Appointments to the Vote Counting Committees (SZSZBs) may also be submitted in person (by the nominating organization’s representative or authorized proxy) to the National Election Office (OEVI).

Oath or Pledge

The appointed member must take an oath or make a pledge within 5 days of their notification, or in the case of an SZSZB member, no later than the 2nd day before the election day. In case of the supplementation of the SZSZB, the appointed member takes the oath or makes a pledge no later than the day before the election day. A member and substitute member of the SZSZB, OEVB, and HVB takes the oath or makes a pledge before the mayor, according to the text of the law on the oath and pledge of certain public officials.

The most important legal effect of taking the oath or making a pledge is that the member of the election committee can only exercise their rights afterwards.

Termination of the Mandate of Election Committee Members, Filling Vacancies

The mandate of an appointed member of the OEVB, SZSZB, and HVB (in single-polling station settlements) lasts until the legal validity of the election result.

In addition to the aforementioned, the mandate of a member of the election committee terminates:

• if the legal conditions for the mandate cease to exist,
• if the election committee has established a conflict of interest for its member,
• by resignation,
• if the appointing party withdraws the mandate of the appointed member,
• if the appointing independent candidate or the candidate nominated by the nominating organization that entitled the appointment is eliminated,
• upon the death of the member.

In case of the termination of the mandate of an appointed member, the concerned nominating organization/independent candidate – with the exception of the elimination of the candidate on which the appointment was based – can appoint a new member.