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Provisions of Act C of the Year 1997 on the Electoral Procedure

referring to the election of local municipality representatives, mayors and members of local minority municipalities

According to the Constitution of the Republic of Hungary suffrage is universal and equal, voting is direct and secret. In order that exercising of the right to vote and electoral, referendum and popular initiative procedures shall be democratic and provided with the appropriate guarantees, the Parliament frames the following act:

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Purpose of the Act
1. The purpose of this act is that voters, candidates, organisations presenting candidates and electoral authorities shall exercise their right to vote based on uniform, clearly arranged and simple procedure rules within legal scope.

Scope of Application of the Act
2. This act is to apply in the event of:

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b) election of municipality representatives and mayors and minority municipality members,

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Calls for Local Minority Municipality Elections

114. (1) Local electoral committees shall call for local minority municipality elections. Elections are to be called at latest 45 days before settlement municipality election day for the same day.

(2) Calls for local minority municipality elections may be initiated in writing within 10 days after calls for settlement municipality elections. A sample initiating document is contained in the appendix of the Act on rights of national and ethnic minorities.

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CONSTITUENCIES, POLLING STATIONS

9. (1) Constituencies shall be formed in a manner that number of inhabitants be approximately identical in each constituency.

(2) In forming constituencies minority, religious, historical, geographical and other characteristics must be taken into consideration.

101. Constituencies are the following:

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c) in case of election of mayor or municipality representatives for settlements with 10000 or less inhabitants and local minority municipality representatives the settlement,

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Local Electoral Committee

31. (1) Local electoral committees shall consist of three, at settlements with one polling station five, members.
(2) Local electoral committees shall:

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k) call for local minority municipality elections,

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109. (1) In systems of mixed election local electoral committees shall register all candidates putting for the election as either independent minority candidates or candidates of minority nominating organisation in single-member constituencies in a separate minority compensation list for each minority.

(2) Minority nominating organisations and minority candidates may have common compensation lists that must be submitted for registration at latest on 18th day before election day to local electoral committees.

(3) Single-member constituency minority candidates may inform local electoral committees in writing on that he or she does not wish to be on a minority compensation list.

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108. In case a candidate puts up for the election in systems of small lists or mixed election as a minority candidate, this fact must be indicated on the papers for proposition and ballot-papers.

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110. (1) Separate ballot-papers shall serve for:

a) in case of settlements with 10000 or less inhabitants: elections with a small list, elections of mayors, local minority municipality elections and county list elections,

b) in case of settlements with more than 10000 inhabitants: single-member constituency elections, elections of mayors, local minority municipality elections and - except for cities of county rank - county list elections,

c) in the capital: single-member constituency elections, elections of mayors, capital mayor, local minority municipality elections and capital list elections.

(2) Ballot-papers of settlement small list elections, single-member constituency elections, local minority municipality elections and elections of mayors shall contain officially used family and last name of candidates in alphabetical order, a differentiating mark according to paragraph (3) of 52., the name of the nominating organisation - upon request of nominating organisations, also their abbreviation -, and fact of independent nomination. Upon request of candidates representing minorities ballot-papers must contain his or her name and the name of the nominating organisation also in the mother tongue of the minority.

(3) Local minority municipality ballot-papers shall contain names of candidates by minorities. Electoral committees shall draw lots on serial order of minorities on ballot-papers.

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112. In case of small list and local minority municipality elections valid votes are to be counted separately by candidates. Ballot-papers containing both valid and invalid votes are to be batched separately. Numbers of valid votes are to be written on batches separately by candidates.

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113. (2) Official reports on summarisation are to be made on results of settlement small list and local minority municipality elections, separate official reports on single-member constituency results by constituencies in systems of mixed elections, separate official reports on its list elections and also on results of capital list elections and elections of mayors. A summarising official report is to be made on results of election of members of county general assemblies by constituencies.

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PROVISIONS FOR INTERPRETATION

149. In application of this act:

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f) type of nomination: ... mayors', capital mayors', small list, single-member constituency, compensation list, county/capital list, minority small list nomination at elections of local municipality representatives and mayors,

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h) representative: member of parliament, member of settlement municipality representative board, member of county general assembly, member of capital general assembly, member of local minority municipality,

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j) minority candidate: Independent candidate representing a national or ethnic minority according to the law on rights of national and ethnic minorities or candidate of a minority organisation,

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Appendix 4. of the Act C of the Year 1997.

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In case of candidates registered by the electoral authority as a national or ethnic minority candidate the name of the minority shall be indicated on ballot-papers. Upon request of minority candidates or minority nominating organisations the name of candidates, minority nominating organisations and minority shall be indicated on the ballot-papers also in the language of the given minority.

Appendix 5. of the Act C of the Year 1997.

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In case of candidates registered by the electoral authority as a national or ethnic minority candidate the name of the minority shall be indicated on ballot-papers. Upon request of minority candidates or minority nominating organisations the name of candidates, minority nominating organisations and minority shall be indicated on the ballot-papers also in the language of the given minority.

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Appendix 8. of the Act C of the Year 1997.
(sample ballot-paper for local minority municipality elections.)

Ballot-paper
Election of local minority municipality representatives
...... (year) .............................. (month) ......................... (day)
....................................... (name of the settlement)
Only ...... candidate(s) of one minority may be validly voted for!
(name of minority) (name of minority) (name of minority)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
(name of c., nom. org.) (name of c., nom. org.) (name of c., nom. org.)
Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.
(Upon request of nominating organisations abbreviation must be indicated on ballot-papers beside their name registered by court.
Upon request of candidates or nominating organisations the name of candidates, nominating organisations and minority shall be indicated on the ballot-papers also in the language of the given minority.)


Source: Office for National and Ethnic Minorities in Hungary


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