Hungary

The current Hungarian election system was made by legislators as a result of the tripartite consultation process during the period of constitutional transition in 1989. Its makers meant it to be expressly transitory, to be only used in the first democratic election that created the condition of the change of regime; in spite of that it has been applied since then in a basically unchanged form. The bargain nature of establishing the election system explains the fact that a mixed parliamentary election scheme was developed, which uses both the majority and the proportional system, and combines these two ones with a national compensation list meant to be a proportioning element.

Since the change of regime there have been four parliamentary elections (in 1990, 1994, 1998, 2002) pursuant to Act XXXIV of 1989 on the Election of Members of Parliament. The election system outlined in the said Act meets democratic requirements, and has worked well so far. As a matter of fact, the body of rules covering parliamentary elections has been modified several times during its 16-year existence, which has affected substantive law only partially, procedural law fundamentally. Such important modification was the regulation of procedural rules in a separate law, which was adopted in 1997, and can be considered a real code as it contains the body of rules of procedural law of not only parliamentary but all types of elections and national referendums.
An important modification affecting also the body of rules of parliamentary elections can be considered the introduction of voting at foreign representations (which voters could use in the election of the Members of the European Parliament in 2004), and the procedural reform that took place in 2005, the key elements of which made the powers, competence of election committees and the rules of remedial proceedings more accurate.
Below you will find an outlined description of the legal structure of the Hungarian parliamentary election system, touching on other issues related to the elections, such as the character of campaign financing, or the role of the media in the elections.

The election of Members of Parliament
The body of rules of the Hungarian parliamentary elections is contained in the following acts:
1. Act XX of 1949 on the Constitution of the Republic of Hungary, which formulates the basic principle of popular representation democracy, regulates the conditions of suffrage as a fundamental political right, defines the basic principles of elections, and the fundamental rules of calling the elections.
2. Act XXXIV of 1989 on the Election of Members of Parliament (Vjt.), which contains the rules of substantive law, defines the structure, elements of the election system, the method of allocating mandates and the rules of determining the results, and provides for holding parliamentary by-elections.
3. Act C of 1997 on the Electoral Procedure (Ve.), which sets forth the rules of the legal elements of the electoral procedure (election bodies, register, proposal, nomination, voting, voting at foreign representations, aggregating ballots, determining the results, legal remedy, etc.)
4. Decrees of the Ministry of the Interior (BM), which define the duties of election offices, the samples of printed matters to be used in the election, the rules of using, checking public funds provided for the purposes of the elections, the terms and deadlines of the elections.
The Constitution of the Republic of Hungary declares that the Republic of Hungary is an independent, democratic constitutional state, in which authority is vested in the people, who exercise the sovereignty of the people through their elected representatives and directly.

Suffrage
In its Chapter XII "Fundamental rights and obligations", the Constitution defines suffrage as a basic political right.
All major Hungarian citizens having domicile on the territory of the Republic of Hungary are entitled to the right to elect and to be elected in the election of the Members of Parliament.
The conditions of the right to elect and the right to stand as a candidate are equal:
- Hungarian citizenship
- being of legal age (having turned 18)
- domicile in Hungary.
Earlier, to exercise the right to vote the law required that the voter should stay on the territory of the country on election day. Pursuant to the present regulation, however, major Hungarian citizens having domicile in Hungary may also cast their ballots at the foreign representations of the Republic of Hungary, provided that on polling day they stay abroad and has previously asked for their being entered in the register at foreign representations.
Suffrage shall be limited only by the so-called natural reason for exclusion. Pursuant to the Constitution those who:
a) are under guardianship limiting or excluding ability to act on the grounds of judgment at law,
b) are barred from public affairs pursuant to a final court decision,
c) serve sentence of confinement,
d) undergo compulsory therapy at an institution ruled in criminal procedure shall not have suffrage.

The date of the elections
In its Chapter on the Parliament, the Constitution declares that the election of Members of Parliament, except for the election due to the dissolution or dissolving of the Parliament, shall be held in April or May in the fourth year following the election of the previous Parliament. The date of the first and second round shall be set by the President of the Republic.

Basic principles of the elections
The Constitution dedicates a special chapter (XIII) to defining the basic principles of the elections. In this Chapter, it asserts that Members of Parliament shall be elected by voters on the grounds of universal and equal suffrage by direct and secret ballot.
The four basic principles specifically determined by the Constitution, universal and equal suffrage, direct and secret ballot are the fundamental pillars of the democratic election system, which shall be respected and caused to be respected by each state having a democratic system.

The structure and elements of the election system
The Parliament of Hungary consists of 386 representatives, of whom 176 are elected in single mandate constituencies, 152 on regional lists, and 58 mandates are allocated from national lists.
Accordingly, the Hungarian election system is built up as follows:
- 176 single mandate constituencies: the territory of the country is divided into 176 single mandate constituencies, one representative from each constituency gets into the Parliament.
- 20 regional constituencies: the law institutionalises 20 regional constituencies, which cover the territory of 19 counties and the capital city. In these constituencies list elections are held. From territorial lists maximum 152 mandates are allocated.
- National (compensation) list: From this list minimum 58 mandates are allocated in proportion to the ballots cast on political parties ’ individual candidates who have not obtained a seat, and ballots cast on their regional lists that have not obtained mandates either (the two jointly: fragmentary votes).
In the mixed election scheme of Hungary two election systems exist side by side: the single mandate constituency election system where ballots may be cast on persons and the candidate that wins the majority of the votes will become the representative, and the proportionate system where ballots are cast on political party lists, and the parties are awarded mandates in proportion to their share of the votes. In addition to the two ways of obtaining mandates, in the third form, in order to reinforce proportionate representation, seats may be filled from national lists on the basis of fragmentary votes. So there are three ways of obtaining mandates; the law, however, declares that the rights and obligations of representatives are identical, irrespective of the form of their election. Our legal system does not allow the withdrawal of representatives, representatives holding seats in popular representation agencies act on the grounds of free mandates.
Our Electoral Law Act sets up a fairly strong screening system to ensure that only political forces that indeed have significant social support could get into the Parliament, and this can be followed actually in the staggered structure of nomination.
The staggered structure of nomination is shaped as follows:
- Single mandate constituency: 750 proposals
- Regional list: putting forward candidates in minimum one fourth of single mandate constituencies within the regional constituency but at least in 2 single mandate constituencies
- National list: setting up a list in at least 7 regional constituencies.
Apparently, the conditions become more and more difficult in each step, which makes it possible that only political forces that indeed have significant social support could get into the popular representation body. To supplement the screening character of the nomination system, as a further criterion the election threshold is introduced regarding the allocation of mandates.
One of the components of the Hungarian election system is the regional list element attempting to attain proportionality, in which 152 mandates are awarded. The Hungarian election system applies a 5% election threshold. Before allocating the mandates, it is established on the basis of the ballots which are the political parties where the number of ballots cast on their regional lists does not attain 5% of the nationally aggregated number of votes cast on regional lists. These parties shall not be given mandates either from regional lists or from the national list, and accordingly loose their fragmentary votes won in single mandate constituencies too.
I. Single mandate constituencies (176)
Pursuant to the rules of the Vjt, in single mandate constituencies voters and political parties may nominate. So not only party candidates but also independent candidates may measure themselves as candidates in the elections. Candidates may be proposed and nominated by two or more parties jointly too. To be able to stand as a candidate under party banners or as an independent candidate in a single mandate constituency, one must obtain the proposals of at least 750 voters living in the constituency authenticated by their signature.

Determining the results
In the first round of the elections, in the single mandate constituencies, the candidate who has won more than half of the valid ballots will be the Member of Parliament, provided that more than half of the voters of the constituency have voted in the election. If there has been no such candidate, a second round must be held.
In the second round, the candidate who has won the most valid votes will be the representative, provided that more than one fourth of the voters of the constituency have cast their ballots in voting.

II. Regional list (19 counties and the capital city)
In regional constituencies, that is, in the capital city and 19 counties, political parties may nominate candidates on regional lists. Regional lists may be set up by parties that have set up a list in one fourth of the single mandate constituencies but minimum in 2 single mandate constituencies within the regional constituency.
Only political parties are entitled to the right of setting up regional lists. However, nothing in the law prevents individual candidates from being put on the lists of political parties as parties decide the compilation of the list on their own authority.
The regional list is a fixed list, which means that the order of the candidates is determined by the party itself, and when voting on the regional list the voter shall not change the order of the candidates indicated on the list (so preferential voting is not possible).
On the regional list three times as many candidates may be put forward as many mandates can be obtained on the given list. If the number of notified candidates is less than the number of mandates won by the list, the mandates which cannot be awarded will remain unfilled.

Allocation of mandates
As a result of the two-ballot system, voters will vote both on a candidate in the single mandate constituency and on the regional list of the parties having set up a list in the given regional constituency.
Regional mandates will be awarded only to the parties that have complied with the 5% threshold condition. Mandates are allocated in proportion to the ballots cast on the lists of parties, in accordance with the Hagenbach-Bischoff formula, supplemented by the rule of the 2/3 (the largest remainder).

III. National list
Political parties that have set up lists in minimum 7 regional constituencies may field a national list.
On a national list maximum 174 candidates can be put forward, that is, three times as many as many mandates can be obtained from the list.
Regarding nomination, the Vjt. declares that the same person may be a candidate simultaneously in one single mandate constituency, on one regional list and on the national list. If he/she obtains mandate in the single mandate constituency, he/she shall be deleted from the regional and the national list. If the candidate wins the mandate on the regional list, his/her name shall be deleted from the national list.

Allocation of mandates
The mandates of the national list are allocated in proportion to the fragmentary votes of the political parties that have attained the 5%.
The following ballots shall be considered fragmentary votes:
a) Ballots cast on party candidates in single mandate constituencies in the first valid round of the elections by which no mandate has been obtained in any of the rounds of the elections.
b) Ballots cast on lists in the regional constituency in a valid round of the elections that have not been enough for obtaining the mandate, or that have exceeded the number of ballots used for obtaining the mandate.
Accordingly, the fragmentary votes of the single mandate constituency candidate and the regional list will be included in the national list set up by the party. Mandates are allocated by using the D ’Hondt method.

Political parties where the number of valid ballots cast nationally on their regional lists do not exceed 5% will:
- loose their fragmentary votes won in the single mandate constituency,
- not obtain any mandate in the regional constituency,
- not obtain any mandate on the national list.
To sum up: it can be said that the Hungarian election system introduced by the Vjt. contains:
- A majority element: in single mandate constituencies where ballots are cast on persons and the candidate that has obtained the absolute majority of votes in the first round or has won the relative majority of votes in the second round will win a mandate,
- A list proportionate element (with 5% election threshold):
- regional constituencies: on regional lists parties obtain mandates on the basis of the quotient determined by the Hagenbach-Bischoff method, and additionally by applying the rule of the largest remainder,
- On national list: fragmentary votes are allocated with divisor method by the d’Hondt formula.

Key issues of the election system
Act C of 1997 (Ve.) comprehensively regulates the phases of the electoral procedure. The general provisions of the Act and its Chapter XI specifically covering Members of Parliament, which describe special procedural rules regarding the popular representation election, shall be applied in parliamentary elections.
Below, out of the procedural rules here we shall focus primarily on the basic principles of the electoral procedure, the method of voting, the remedial system and election bodies.
The definition of the basic principles of the electoral procedure constitutes an important, guarantee element of the Act as these principles ensure the fairness of the election, the enforcement of democratic requirements (Ve. § 3):
- to safeguard the fairness of elections, to prevent electoral frauds;
- voluntary participation in the nomination, election campaign, voting;
- equality of chances among candidates and nominating organisations;
- exercise of rights in good faith, in accordance with rules;
- option and impartial adjudging of legal remedy;
- fast and authentic determination of the results of the elections.

Voting
If they intend to exercise their right to vote, voters may cast their ballots at polling stations established at settlements. Each voter will be delivered an information notice 58 days before voting, which informs them on the time, date and venue of voting (at which polling station they can cast their ballots).
Ballots may be cast only personally, on polling day between 6:00 a.m. and 7:00 p.m. at the polling station of the voter ’s domicile. Any deviation from this is possible only with a certificate issued in advance pursuant to special rules, or if the voter has asked for being entered in the register at foreign representations pursuant to the provisions set forth in the Act, and will cast their ballot at a foreign representation of the Republic of Hungary indicated by them.

In accordance with the nature of the election system, voters have two votes; firstly, they may vote on the candidate in the single mandate constituency; secondly, on the regional list of political parties. The national list is of a compensatory nature; voters do not directly vote on it.
To conduct voting at the polling station is the responsibility of the ballot counting committee, who count the ballots and determine the result of the election in the electoral district after closing voting.

Legal remedies
Instead of the former forms of legal remedy, i.e., complaint and reserve, after the amendment of the Act in 2005, those requiring redress may lodge reserves, submit appeals or apply for judicial revision.
Reserve is a tool of legal remedy that can be submitted by referring to any violation of the rules of law applying to the election, or the basic principles of the election and the electoral procedure, and may be exercised by anybody.
Appeals can be lodged against the election committee’s resolution of the first instance by any voter, candidate, nominating organisation or legal person concerned in the case.
It is excluded to lodge appeals against the resolution of election committees acting as a body of the second instance or of the National Election Committee.
Applications for judicial revision may be submitted by any voter, candidate, nominating organisation or legal person concerned in the matter against election committees ’ resolution of the second instance and the resolution of the National Election Committee, by referring to violation of rules of law. No further legal remedy against the decree of the court lies.
In the electoral procedure those concerned usually have a 3-day, exceptionally 1-day time frame for submitting applications for legal remedy.
Rules partly deviating from the general rules are enforced in legal remedies related to the media, the register, the register at foreign representations, voting at foreign representations, and the results of the election.

The system of remedial forums
In the election of Members of Parliament the following election committees act as forums of legal remedy:
Parliamentary single mandate constituency election committee
Regional election committee
The National Election Committee.
In the election of Members of Parliament courts that act as forums of legal remedy are as follows:
Local court (in Budapest the Pest Central District Court) regarding cases related to the register, the register at foreign representations
County (Metropolitan) Court
The Supreme Court

Election bodies
In parliamentary elections, election committees and election offices are operating as election bodies. Their activity is manifold; their efficient cooperation ensures the smooth running of the elections.

I. Election committees
Election committees are voters’ independent bodies subject to nothing but the law, whose prime responsibility is to determine the results of the elections, to ensure the fairness, legality of the elections, to enforce impartiality and, when necessary, to restore the legal order of the elections.

In the election of Members of Parliament the following election committees are operating:
- in each electoral district (in approx. 11 000 nationwide) a ballot counting committee (BCC) is operating; at settlements having one constituency the duties of the ballot counting committee is fulfilled by the local election committee (LEC);
- in the 176 single mandate constituencies parliamentary single mandate constituency election committees are operating (PSCEC);
- in the 20 regional constituencies (19 counties and the capital city) regional election committees are operating (REC, MEC);
- and the National Election Committee with national competence (NEC).
Election committees consist of at least 3 members (and alternate members), who are elected by the body of representatives of local governments at proper level. The five members of the National Election Committee and the necessary number of alternate members are elected by the Parliament, and the Minister of the Interior submits a motion on their person.

Delegating members into election committees
In addition to the elected members, one further member of each election committee is delegated either by the nominating organisation putting forward candidates or setting up a list in the constituency, or by the independent candidate.
A member commissioned pursuant to the above may be delegated:
- to the BCC by nominating organisations putting forward individual candidates, setting up lists, and by independent candidates,
- to the PSCEC by nominating organisations putting forward individual candidates, and by independent candidates,
- to the REC by nominating organisations setting up a regional list in the regional constituency (county),
- to the NEC by nominating organisations setting up a national list.
It is the parties’, independent candidates’ own interest that they delegate one member to each election body as this way they can personally check the legal running of the election, and can actively take part in deciding possible disputes.
The rights and obligations of the elected and delegated members are identical; however, the latter do not receive any fee.

II. Election offices
Election offices are bodies fulfilling the state’s responsibilities in connection with preparing, conducting the elections, providing voters, candidates and nominating organisations with information free from any party bias, handling electoral data, creating technical conditions and checking compliance with professional rules.
Except for ballot counting committees, an election office is operating beside each election committee, and at foreign representations. Accordingly, the election offices operating in parliamentary elections are as follows:
- local election office on settlement level,
- parliamentary single mandate constituency election office at the seat of the parliamentary single mandate constituency,
- regional election office in each county and the capital,
- the National Election Office on national level,
- election office at foreign representation at the embassies, consulates of the Republic of Hungary.
Beside the ballot counting committee, one member of the local election office acts as the keeper of the minutes.

Election offices operating on the territory of Hungary
The head of the National Election Office is delegated by the Minister of the Interior for an indefinite term. The head of the local and the parliamentary single mandate constituency election office is the head if the local government ’s office; the head of the regional election office is the head of the county/capital government office.

Members of the election office
Only public officials and civil servants may be appointed to the election office as members.
The members of the election office are delegated by the head of the election office, the head and members of the National Election Office by the Minister of the Interior for an indefinite period. The head and members of the election office at a foreign representation is delegated by the head of the NEC.

The legal status, controlling the acti­vity of election offices
The professional activity of election offices is controlled by the Minister of the Interior through the head of the National Election Office.
The head of the National Election Office to the heads of other election offices, the regional election office to the head of the parliamentary single mandate constituency and the local election office on his or her area of competence, the head of the parliamentary single mandate constituency election office to the head of the local election office on his or her area of competence may give direct instructions with regard to fulfilling the tasks determined under the Ve.
The mayor, the body of representatives, and the general assembly and its official may not give instructions to the head and members of the election office with regard to fulfilling tasks related to preparing and conducting the elections.

The responsibilities of the election office
- to publish an announcement regarding the date of the election, useful information related to the election, nomination, voting, and the number of proposals necessary for valid nomination;
- to publish the names of the candidates, nominating organisations of the constituency, and the fact of nominating independent candidates;
- to publish the name of the members of the election committees and the head of the election office, the address of the office of the election bodies;
- to organise training for the members of election bodies; to provide voters with information free from any party bias;
- to operate the information systems of the election;
- to fulfil technical tasks related to checking the proposal of candidates;
- to operate the computer program detecting election frauds;
- to meet other responsibilities defined under the Decree of the Minister of the Interior.

Election offices operating at foreign representations
In parliamentary elections, election offices operating at the foreign representations of the Republic of Hungary (hereinafter referred to as ECFR) ensure the right to cast the ballot of voters staying abroad. In accordance with the Ve, foreign representation means the embassies and consulates general of the Republic of Hungary.
In contrast to voting in Hungary, no election committees are operating at foreign representations; the ballots are not counted, only the technical conducting of voting is carried out at foreign representations.
The activity of election offices at foreign representations is of a special kind to the extent that although they perform only a part of the responsibilities of election offices operating in Hungary, but due to the location of foreign representations they need to fulfil further, peculiar tasks. The ECFR performs these tasks in close cooperation with the National Election Office.

The information technology system supporting the elections
The solution used in developing systems and the proper infrastructural background jointly ensure that election systems can be operated under safe working conditions, in an environment with suitable protection and required accessories.
Below you will find the description of the key functions of the information technology systems supporting the election. In addition to the systems described, several other smaller systems are operating and ensure the satisfaction of information, administrative and other special needs such as the program supporting system of public service televisions, the election history data base, the logistics system, the financial information system and the administration system.

1. The system for setting up constituencies, generating and maintaining the register of voters and handling the registration of major citizens disfranchised
After the call for the election, on the basis of the data of the Personal Data and Address Register (PAR) and the register of major citizens disfranchised (RMCD) the register of voters having right to vote is produced split per electoral districts, and is continuously updated after that.
The system allows that the register of voters can be updated with the data of citizens who become of legal age by the second round of the elections.
The register completed can be bought by those announcing their candidacy at the elections.

2. The system checking the process of proposing candidates
The system checking the process of proposing candidates records the data of the proposal coupons submitted by candidates, and checks them with a computer supported method. Data are checked; the data of the PAR and the RMCD are directly accessed through the widened network of the document system. The system provides the checklists and statistical data necessary for the decisions made by election committees.

3. The system for preparing the elections and the system for supporting the sending and receiving of data to and from the printing house
The registration of the data of independent candidates, political parties and lists put up for the elections in the central data base is the responsibility of the Election Preparation System (EPS).
Furthermore, the EPS supplies up-to-date data to election bodies; hands over data to the Information System; produces statistical statements and ad hoc data supplies; and maintains the register of voters who vote at foreign representations. It supplies data to the National Election Committee (NEC) and the Ministry of Finance for fulfilling the responsibilities related to the financial support of political parties and independent candidates.
In the period of putting forward candidates, it follows up completions, legal remedies, and supports the checking of data.
After the process of proposing candidates has been closed, it delivers the data necessary for producing ballot papers in a closed operational system to the printing houses.
The computerised system electronically forwards the image of ballot papers to election committees for approval, and provides data for forming the basis of the ballot-aggregating database.
The EPS forwards registers at foreign representations and the image of ballot papers to foreign representations, which are printed locally by the foreign representations.

4. The preliminary vote aggregating system
In electoral districts, data sheets drawn up of the first counting are forwarded to the local election office where they are immediately processed. Accordingly, national records will be soon available at the Election Centre. The vote aggregating system assesses the results of the election, and delivers them in every 3-5 minutes to the information system. In view of the fact that data sheets are drawn up before the decision of the ballot counting committee, they can still include ballots contested by the committee. The results so produced are not official; they should be handled as preliminary informative records.
Of the preliminary results a fast publication in 4+1 languages is made; also these data will be available on CD on the day after the election. The preliminary vote aggregating system also produces the report of the National Election Office from its database.

5. The final vote aggregating system
The information system plays a role in fulfilling administration tasks preceding election committees ’ decisions to determine the result. It processes electoral district minutes; after that they are compared item by item with the records entered in the computer. The information system follows up remedial events; supplies data for determining the 5% threshold limits of regional lists; carries out calculations necessary for allocating mandates; and delivers all this to the election committees.

6. The system signalling the probability of election delicts
In addition to statistical analyses, the system records the data of those voting with a certificate, and the data of the issuance of the certificates. By checking and comparing the data recorded it is possible to detect frauds that might be committed.

7. The information system
During the entire process of the election, in the format, with the content and frequency corresponding with each phase and event, the information system provides election bodies, citizens, the media and the political parties with information through intranet and/or Internet access by delivering standard data stocks.
On the days preceding and following the rounds of the election, the system operated at the Duna Palace of the Ministry of the Interior makes it possible for inquirers from the country and abroad, the representatives of the media and political parties to collect information personally, also helped by the intranet/Internet based projection version of the information system.

8. The Election Administration System
The Election Administration System (EAS) serves to fulfil, organise election related administrative tasks, to conduct communication between election bodies by using state-of-the-art information technology tools and the possibilities provided by the closed computer network built between document offices. As a result of what has been described above, no other than computers and users having been given authorization to use them are able to register with the system and use it.
The prime aim of the system is to operate the IT communication channel between national, regional and local election bodies. This channel offers those registered the option of electronic correspondence and of a so-called forum, which allows similarly to message boards that comments, opinions, requests for help can be made and displayed.

The role of the media
Once the date of the election of Members of Parliament has been set, the period of the election campaign officially commences. During elections the value of the role of the media necessarily increases, although its weight is usually outstanding regarding parliamentary elections. Modern election campaigns are primarily media campaigns since it is the media from which the decisive majority of voters get information on the programs of political parties competing with each other, and on election related events in general. In our time the electronic media has also a favoured role, leading to new expectations in line with its special character.
The character, nature of the election campaign depends to a large extent on the role played, the attitude maintained by the media in the campaign. In each election campaign, the National Election Office makes every effort to attain as smooth and efficient cooperation with the media, the electronic and printed media as possible. Due to the fact that in the process of informing voters the media is used also by the election administration as a medium, the development of a balanced relation can be of paramount importance (also on local level).
The role of the media in the elections is double:
- they provide information on the election in general free from any party bias; delivers information to voters necessary for exercising suffrage, on the one hand;
- they satisfy political parties’ campaign targeted claims and publishes political program items, on the other.
To further the attainment of the first aspect, the National Election Office holds a preparatory training course for the representatives of the media before each election. This training primarily helps journalists and the representatives of various media to have up-to-date information on the legal environment and effective system of the election, and serves to ensure continuous relation between the election administration and the media. On a certain regular basis, in the key phases of the electoral procedure, press conferences are held where the head of the National Election Office informs the media on the progress, status of preparatory actions, nomination and later on the results of the election.
During the past elections, the relation between the election administration and the media has been favourable. Election offices make every effort to establish relations and cooperate with the media of the proper level in order to ensure that on polling day approx. 8 million sufficiently informed voters could appear at the ballot boxes.

The role of the political parties and the system of campaign financing
The Hungarian parliamentary election system is strongly party-centred, which becomes immediately apparent if we study the nomination screening system. Setting the regional lists and national lists is the privilege of political parties.

This kind of structure of the election system is the consequence of the constitutional interpretation of the term "political party". As a result of the provisions of the constitution and legal regulation, compared to other organisations established on the grounds of the freedom of association, parties are given surplus entitlements and are bound to fulfil special obligations. "Parties take part in shaping and manifesting the will of the people" (Section § 3 (2) of the Const.). The constitution expressly implements a multi-party system and parliamentary democracy in which parties must be expressly present in the Parliament; and it stipulates duties to be fulfilled by the parliamentary representative groups of parties and the heads thereof indispensable for the operation of the democratic institution system. This role basically differentiates parties from other nongovernmental organisations. Besides, the Political Party Act provides for a "sanction" form of the cessation of parties: if a party does not put forward candidates in two consecutive general parliamentary elections, at the motion of the state attorney ’s office the court will establish the cessation of the party.

The system of campaign financing
Until 1997, regarding campaign financing the Electoral Law Act required of the parties and candidates nothing more than that they should publish their costs spent on the election campaign and the resources providing the funds thereof in an aggregated report.

The rules of campaign financing were defined in Act C of 1997 on Electoral Procedure; currently, the rules of campaign financing are as follows:

a) Direct state support
Each nominating organisation that puts forward candidates in elections is entitled to budgetary support in proportion to putting forward candidates. Independent candidates are entitled to budgetary support equal to the support received by the candidates of nominating organisations.
The amount of funds that can be spent on budgetary support is determined by the Parliament; and the support per candidate is determined pursuant to special rules: the number of candidates in single mandate constituencies, the number of candidates equal to the maximum number of mandates that can be obtained by each party on regional lists, and maximum 58 candidates for each party on national lists can be taken into account. Candidates put forward in all three "categories" must be considered in accordance with the number of nominations.
The allocation of the budgetary support is implemented to nominating organisations in one amount, to independent candidates per person by the Ministry of Finance (or the financial institution designated by it).
The amount allocated from the budget serves to cover only material costs, and must be accounted for in 30 days after the elections at the point of payment.

b) Indirect state support for the election campaign
The Act on Electoral Procedure makes it possible for political parties and candidates to obtain free program time for publishing their campaign targeted advertisements. The regulation is as follows:
- national public service program providers must publish the political advertisements of nominating organisations putting forward national lists,
- regional public service program providers must publish the political advertisements of nominating organisations putting forward regional lists in their region of reception,
- local public service program providers must publish the political advertisements of candidates announcing themselves in single mandate constituencies in their region of reception from the 18th day preceding the elections the latest until the 3rd day before the elections, at least once, free of charge. Likewise, on the last day of the election campaign they are obliged to publish these advertisements once more free of charge.

c) The limitation of campaign expenses
The Act on Electoral Procedure prescribes that in addition to the support granted directly from the budget, maximum 1 million HUF per candidate may be spent on the election campaign.
Regarding political parties, the national limit can be calculated from this the way defined in clause a). A financial sanction is attached to the violation of this rule, which sets forth that the nominating organisation or independent candidate infringing the expense limit is obliged to pay the double amount of the value by which they have exceeded the defined limit, in 15 days to the central budget. In case of delay, the debt must be collected as tax.
In this respect special attention should be paid to the provision of the Act that sets forth that the amount coming in this way must be used for preparing first-time voters.

d) Obligation to report and checking
Each nominating organisation and independent candidate shall publish the amount, resource and method of the utilisation of state subsidies and other funds, financial supports spent on the elections in the Official Gazette of Hungary, in 60 days after the second round of the elections.
Checking is performed by the State Audit Office, which:
- will ex officio check the utilisation of the assets and resources of the parties and independent candidates that have got into the Parliament, within one year after the second round of the elections; and
- will act on request regarding other nominating organisations and independent candidates. Applications may be submitted by other nominating organisations and independent candidates within 3 months following the second round of the election.
Accordingly, the Act does not stipulate strict sanctions regarding campaign financing since failure to publish the report does not lead to any legal consequences either. The entitlements of the State Audit Office are also weak; the only thing it can do is publish its findings and comments in the form of a report.
In the above we intended to provide the reader with a substantive summary on our parliamentary election system, however, it is almost impossible to cover every aspect of it in the framework of this very publication. We kindly suggest that, should you need any further information on this issue, you may visit the website of the National Election Office, where materials concerning the forthcoming and already conducted elections and referenda are accessable in English (www.valasztas.hu or www.election.hu).