Act LXIV of the year 1990
on the Election of Local Municipal Government Representatives and Mayors
Suffrage shall be general and equal, and voting shall be direct and secret.
(1) Every adult Hungarian citizen who has a permanent place of residence or staying address in Hungary shall have the right to vote and to be elected during municipal government elections. Suffrage shall be extended to non-Hungarian citizens - who are majors according to Hungarian law - who have immigrated to Hungary (hereafter together referred to as the voter).
Non-Hungarian citizens shall not be entitled to be elected as a member of the municipal governmental assembly (representative henceforth) or mayor.
(2) Voters may only propose one candidate or one list per nomination type.
(3) The voter may only accept one settlement small-list, or one individual constituency and one compensation list, one mayoral, and furthermore one County Assembly and one local minority self-government nomination in one constituency, in Budapest the voter may accept one individual constituency, one capital district compensation list, one mayoral, one capital list, one Lord Mayoral, as well as one local minority self-governmental nomination.
(1) Organisations proposing common candidates or common lists shall be deemed single nominating organisations. Should more than one party, social or minority organisation propose a candidate or list, they shall be considered - from the perspective of the election - henceforth to be a single nominating organisation. A minority organisation may not propose a candidate - eligible for a preferential mandate - together with parties or social organisations.
Protection of the Rights of National and Ethnic Minorities
(1) The provisions of the Minorities Act with the alterations and amendments contained in this part shall be applied for the nomination and election of national and ethnic minority self-government representatives.
(2) to (3) Annulled.
(1) If no candidate of the same minority shall receive a mandate as a result of the settlement small-list election voting, then the number of votes, which is equal to the half of the number of votes that were validly cast on the candidate receiving mandate by the smallest number of votes, shall be calculated. Every minority candidate who did not receive a mandate shall receive it in the case that the number of votes cast on them shall be greater than the number determined in the above way; should there be more than one such minority candidate, then the one with the greatest number of received votes. If there are two or more such candidates who have an equality of received votes, then the mandate shall be decided according to the drawing of lots specified in paragraph (4) of Article 28.
(2) The number of representatives, as set forth in Article 8., of the settlement assembly shall be increased by the mandate received in the manner determined in paragraph (1).
(1) In the mixed election system according to minorities separate compensation lists shall be used to register each candidate proposed in an individual constituency, whether they were proposed as an independent minority candidate or a minority nominating organisation candidate. The minority nominating organisations, along with the minority candidates may also put forward a common compensation list.
(2) The reaching of the one quarter limit determined in Article 29. is not necessary for presenting of a minority compensation list, but a capital list shall not be put forward on the basis of a minority compensation list.
(3) The individual constituency minority candidate may decline the minority compensation list candidacy in writing.
(4) Candidates on the minority compensation list shall be listed in alphabetical order.
(5) The minority compensation list shall receive mandates according to paragraph (4) of Article 45. Out of the candidates standing for election on the list the one receiving the greatest number of votes in the individual constituency shall become a representative. In the case of an equality of votes candidates shall receive mandates according to paragraph (4) of Article 28.1
(6) If as a result of the election the minority compensation list does not receive a mandate, then
a) the smallest number, which is still eligible for a mandate shall be sought [Article 45. paragraph (4)] and one quarter thereof determined;
b) a compensation list that has received more votes than the number determined according to subparagraph a) shall receive a mandate.
(7) If a candidate on the minority compensation list is elected as a representative in an individual constituency then his or her name shall be stricken off from the list, and his or her place shall be taken by the candidate succeeding him or her.
(8) The number of representatives of the settlement as set forth under Article 9. shall increase by the mandate received in the manner determined by paragraph (6).
(2) The local minority self-governmental election must be called for if this was so requested by at least five voters declaring themselves to be of the same minority and holding a permanent place of residence in the settlement.
(4) Any minority in a given settlement may only create one local minority self-government.
(5) The election shall be held only if there are at least as many candidates as there are number of mandates for minority representatives.
(1) Anyone who was proposed - according to the general rules of nomination - as a minority candidate by at least five voters in the constituency shall become a candidate for representative of the local minority self-government.
(2) Any voter who shall accept the representation of the minority specified in the Minorities Act may be proposed for the local minority self-government.
(1) Everyone who is eligible to vote in the election of the representatives of the settlement self-government may participate in the election of the local minority self-government.
(2) The election of the local minority self-government shall be one round. The election shall be valid with respect to the local minority self-governments for which at least 50 voters included in the electoral register of settlements with a population of 10 000 or less, or at least 100 voters contained in the electoral register of settlements with a population exceeding 10 000, as well as in the capital districts, shall cast valid votes.
(3) Candidates who shall receive the greatest number of votes according to the number of representatives to be elected shall become representatives in the local minority self-government. Voters may only cast their votes on a number of candidates on the ballot paper as there may be members in the minority self-government.
(4) Candidates who shall receive an equal number of votes shall receive a mandate on the basis of a drawing of lots.
(5) A candidate who fails to attract any votes may not become a representative.
(6) If the voters shall elect a smaller number of representatives than the number of representatives of the assembly of the local minority self-government, then the assembly may function with less members until the next election. The number of members shall not be smaller than three.
(7) Should the local minority self-government fail to be created, then upon the initiative of five voters, declaring themselves to be of the same minority and holding a permanent place of residence in the settlement, the election of the local minority self-government may only be held on the third Sunday of November of the year following the year of the general election of municipal governments. Such an initiative may only be made until the 60th day preceding the election.
(8) If the mandate of a representative of the local minority self-government created in a direct manner terminates, then his or her place shall be filled by the candidate who had received the second greatest number of votes. The mandate shall remain vacant until the next election if there shall be no such candidate.
(9) If the number of members of the indirectly formed local minority self-government shall fall below the number specified in Appendix No. 5, then the local minority self-government formed in this way shall be dissolved.
(1) By-elections shall be held if the mandate of an individual constituency representative or the mayor is ceased, and in cases provided for under paragraphs (1) and (6) of Article 42., paragraph (2) of Article 44., paragraphs (4) and (5) of Article 53. and paragraphs (2) and (4) of Article 54.
(3) In cases where the mandate of a representative elected on the settlement small-list or minority small-list has ceased, it shall be obtained by the candidate who had received the second greatest number of votes. In case where the representative elected from the county, compensation, or capital list is withdrawn, his or her place shall be taken by a candidate included on the list originally announced by the nominating organisation. Should the nominating organisation fail to give notice of this within the deadline set above1 the vacant mandate shall be fulfilled by the candidate next in line on the list. If there are no more candidates on the small-list or the list, then no by-election shall be called for and the mandate shall remain vacant until the next general election.
Explanatory and Final Provisions
During the application of this Act
k) nominating organisation: a party registered according to Act XXXIII of 1989. on the Operation and Economy of Parties, as well as a social or minority organisation registered according to Act II. of 1989. on the Right to Assemble;
l) representative: a member of the settlement municipal government, a member of the County Assembly, a member of the Capital Assembly, a member of the local minority self-government;
m) minority candidate: an independent candidate who accepts the representation of a national or ethnic minority, or a candidate of a minority organisation;
n) minority organisation: a social organisation that represents a national or ethnic minority according to its court registration;
p) national and ethnic minority: minorities listed under paragraph (1) of Article 61. of the Minorities Act;
x) constituency: with respect to the election of the members of the County Assembly: the group of settlements with a population of 10 000 or less, also the group of settlements with a population of more than 10 000 - towns with county jurisdiction exclusive; with respect to the election of the Lord Mayor and the members of the Capital Assembly: the capital city; with respect to the election of the mayor, the municipal government representatives of a settlement with a population of less than 10 000, and also to that of the election of the representatives of the local minority self-government: the settlement; with respect to the individual constituency election of representatives of municipal governments of settlements with a population greater than 10 000 the constituencies created for this purpose.
The Appendices to this Act shall determine:
e) the number of settlement municipal government representatives necessary for the creation of the indirectly formed local minority self-government;
(2) To determine the number of members of the settlement and local minority self-government the population count shall be established on the 60th day preceding the day of voting on the basis of data contained in the local personal data and address register.
Appendix No. 5. to Act LXIV. of 1990.
The Number of Settlement Municipal Government Representatives - Elected As Candidates of the Same Minority - Necessary for the Creation in an Indirect Manner of Local Minority Self-government
|The number of members of the settlement municipal government assembly||The number of the the local minority self-government created in an indirect manner|
If the population is above 70 000, an increase in the population by 10 000 inhabitants shall increase the number of representatives elected in an individual constituency by one, and an increase in the population by 15 000 inhabitants shall have the same effect on the number of list representatives. In the determination of the number of minority representatives, that is necessary for establishing of a local minority self-government created in an indirect way, fractions shall always be rounded downwards.
Source: Office for National and Ethnic Minorities in Hungary