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Hungary
**A new constitution was approved in 2011, but it will not go into effect until 2012.**
General Right to
Vote Constitution
(1949, as amended 1997)
- Article 70, section (1) states, "All adult Hungarian citizens residing in the territory of the Republic of Hungary have the right to be elected and the right to vote in Parliamentary elections, local government elections or minority self-government elections, provided that they are present in the country on the day of the election or referendum, and furthermore to participate in national or local referenda or popular initiatives."
Exclusion Based on Intellectual Disability
Constitution
(1949, as amended 1997)
- Article 70, section (5) states, "A person shall not have the right to vote if he is under guardianship with limited ability to act, is prohibited from taking part in public affairs pursuant to a court judgment with force of law, is serving a prison sentence pursuant to a court judgment with the force of law, or is subject to medical treatment as a result of a court judgment with force of law rendered in a criminal proceeding."
Electoral Law
Act No. XXXIV of 1989 on Election of Members of Parliament
(1989, as amended 1998)
- Article 2, section (2) states: "Any person who (a) is under curatorship restrictive or exclusive of his capacity for action; (b) has been barred by a final judicial decision from participating in public affairs...(d) has been committed in criminal proceedings to compulsory medical treatment in a medical institution."
Act C of 1997 on Electoral Procedure
- Article 17, section (1) states, “In order to ascertain the right to vote, the bodies defined under clauses a)-c) shall continuously make alterations in the data pursuant to Section (2) of major citizens disfranchised known to the central body that manages the citizens’ personal data and address register as follows: a) public guardianship authorities proceeding in cases of guardianship regarding the placement in charge of a guardian limiting or excluding ability to act and the termination of such guardianship...”
Voter Assistance
Electoral Law
Act C of 1997 on Electoral Procedure
- Article 68, section (2) states, "Only the voter may stay in the polling booth while filling the ballot paper. Voters unable to read or inhibited from voting by a bodily handicap or other reason may ask for the assistance of another voter, or, in the lack of this, two members of the vote counting board."
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