Appointment of a Member of the Election Commission for Parliamentary Elections

Appointment of Election Committee Members in the General Election of Members of the National Assembly

The following election committees operate 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).

Election committees consist of elected and appointed (delegated) members.

The individual constituency candidates, nominating organizations fielding a national list, and independent candidates are entitled to appoint members to election committees.

It is in the fundamental interest of candidates and nominating organizations to delegate members to all election committees, as this allows them to personally monitor and facilitate the lawful conduct of the election and to actively participate in the resolution of potential legal disputes.

Appointment to Election Committees

SZSZB and HVB (in single-polling station settlements): Nominating organizations fielding a candidate or list in the constituency, as well as independent candidates, can each appoint two members.

OEVB: In addition to the elected members, nominating organizations fielding a candidate in the National Assembly single-member constituency, as well as independent candidates, each appoint an additional one member.

TVB: Nominating organizations fielding a national list each appoint an additional one member.

NVB: Appointment to the NVB can be based on two legal grounds:

Parties with a parliamentary group in the National Assembly can appoint a member. A prerequisite for appointment on this basis is that the member holds a university degree in law. The mandate of members appointed on this basis lasts until the day of the inaugural session of the next National Assembly, but no longer than the dissolution of the parliamentary group (faction delegate).

Nominating organizations (parties and national minority self-governments) fielding a national list but without a parliamentary group in the National Assembly can also appoint a member to the NVB. In the case of appointment based on a national list, a university degree in law is not a prerequisite for delegation, and the mandate of persons appointed on this basis lasts until the day of the inaugural session of the National Assembly (list delegate).

The most important difference between faction delegate and list delegate NVB members is that the latter does not have the right to vote but can participate in the sessions of the National Election Committee with the right to speak.

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

An appointed member of the election committee exercises their rights and obligations in all matters within the competence of the election committee, regardless of the legal basis of the appointment.

Conditions for Appointment (Delegation)

A person who is eligible to run as a candidate in the general election of Members of the National Assembly can be an appointed member of the election committee. An additional condition for a member appointed to the National Election Committee based on parliamentary faction is that they hold a university degree in law.

There is no restriction on the place of residence of an appointed member of the election committee; however, they must be included in the central voter registry.

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, officer cadets, and non-commissioned officer cadets in service with the Hungarian Defence Forces, and 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 NVB (based on national list), TVB, and 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 and the HVB (in single-polling station settlements) 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.

The notification of an appointed member to the SZSZB or the HVB (in single-polling station settlements) can also be submitted in person to the head of the National Assembly single-member constituency election office competent according to the location of the local election office until the expiry of the aforementioned deadline.

If the head of the HVI has divided the electoral roll into several parts due to a large number of voters transferring their registration, the nominating organization or independent candidate appointing a member to the affected SZSZB can appoint a maximum of one additional member per location or a maximum of two additional members per sub-polling station until 4:00 PM on the 2nd day before the election day.

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 (in the case of SZSZB, the serial number of the polling station must also be indicated).

There is no prescribed form for the notification; the appointing nominating organization creates it themselves, provided that the notification contains all the data pursuant to Section 30 (3) of the Ve. Therefore, there is no legal obstacle to the nominating organization submitting its notification in a consolidated manner (e.g., in tabular form).

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 / independent candidate.

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 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 NVI in case of appointment to the NVB;
• the TVI in case of appointment to the TVB;
• the OEVI in case of appointment to the OEVB;
• the competent HVI in case of appointment to the SZSZB.

In the case of electronic submission, the signature of the appointing candidate/nominating organization(s)' representative on the appointment must be authenticated with a qualified electronic signature, an advanced electronic signature, or a document authentication service with identity verification. In the case of submission via e-paper, the attached notification also needs to be authenticated. The same requirement applies to the declaration of incompatibility submitted electronically.

Documents for appointments to SZSZBs and single-polling station HVBs can also be submitted exclusively in person (by the nominating organization's representative or their authorized representative) to the head of the National Assembly single-member constituency election office competent according to the location of the local election office.

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 of the SZSZB/HVB takes the oath or makes a pledge before the mayor, a member of the TVB/FVB takes it before the chairperson of the county assembly/Mayor of Budapest, and a member of the NVB takes it before the Speaker of the National Assembly, according to the text of the law on the oath and pledge of certain public officials. Taking the oath or making a pledge is only possible in person. (see: KVK.III.37.799/2020/3. order)

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 election committee lasts until the legal validity of the election result related to the nomination or list on which the appointment was based.

Appointed members of the NVB are an exception to this rule. The mandate of faction delegate members lasts until the day of the inaugural session of the National Assembly, but no longer than the dissolution of the parliamentary group, while the mandate of list delegate members terminates on the day of the inaugural session of the National Assembly.

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/list 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/list on which the appointment was based – can appoint a new member.