What remedies are available in the first instance?
Hungary
- Re-run the election
- Cancellation of election
- Issue a fine
Name: Act XXXVI of 2013 onElectoral Procedure
Enactment: 1st September 2013
Quote:
Section 218
(1)The election commission shall adjudge objections based on the availableinformation.
(2)If the election commission sustains the objection, it shall
a)establish the fact of the legal violation;
b)order the violator to cease the violation;
c)destroy the election procedure or the part thereof affected by the legalviolation and order it to be repeated;
d) have the power to issue afine in case of violations of the rules of election campaigns and violations ofthe obligations described in Sections 124 (2) and 155.
Section 124
(…)
(2)Voters who wish to stand as an independent candidate and nominatingorganisations that wish to put forward a candidate shall hand over allrecommendation sheets they received to the election office by the deadline setfor the notification of candidates. In case of a breach of this obligation, the competent electioncommission shall issue a fine, proceeding ex officio. The amount of the fineshall be half the minimum wage for every missing recommendation sheet.
Section 219
(1)In deciding whether issuing a fine is called for, and in determining the fineamount, the election commission shall consider all circumstances of the case –especially the number of people affected by the legal violation and thegravity, geographical extent and the recurrence of the violation. The fineamount shall also depend on whether the violation was evidently intentional.
(2)In case of natural persons, the maximum fine amount shall be five times themonthly minimum wage; in other cases, the maximum fine amount shall be fifteentimes the monthly minimum wage.
(3) Any fines that are not paidwithin fifteen days of the resolution issuing the fine becoming final shall bedesignated public debt enforced as taxes, to be collected by the state taxauthority when contacted by the National Election Office.
Section 220
Ifthe election commission does not sustain an objection, it shall dismiss it.
