The case of the Hungarian National Election Commission

The National Election Commission (NEC) plays a key role in resolving election-related disputes. It is the only legal forum for appeals and the only legal forum for complaints (objections) in cases concerning more than one single-member constituency. Decisions made by the NEC may be challenged through judicial review applications. However, as a body that is fully politically appointed, the NEC even supports and enforces the disappearing line between the state, the government, and the party.

Government-leaning NEC members are always in majority, so decision-making, which is done by voting, in the NEC becomes an empty process. This is exacerbated by the fact that the NEC members themselves do not formulate the decisions and their reasonings. Members of the NEC who are delegated by parties standing for election without a current parliamentary group do not have the right to vote. Decisions on complaints regarding violations during the campaign period, on Election Day and regarding the results are made without their votes. National minority self-governments lost their right to delegate members to the NEC.

The NEC issues non-binding guidelines to promote a uniform understanding of the legislation among all election commissions. However, the NEC’s own practices are often inconsistent, showing a loose interpretation of the law when high-level national cases are at stake and favouring the government. It is particularly worrying that the NEC is responsible for overseeing the asset declarations of Hungarian Members of the European Parliament.

Our policy brief on the National Election Commission is available here and under the downloads.