MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
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ix. unused and invalid voting slips must never leave the polling station;
...
xv. the state must punish any kind of electoral fraud.
...
b. Freedom of voters to express their wishes also implies:
i. that the executive must organise referendums provided for by the legislative
system; this is particularly important when it is not subject to the executive’s
initiative;
ii. compliance with the procedural rules; in particular, referendums must be held
within the time-limit prescribed by law;
...
4. Secret suffrage
a. For the voter, secrecy of voting is not only a right but also a duty, non-compliance
with which must be punishable by disqualification of any ballot paper whose content
is disclosed.
b. Voting must be individual. Family voting and any other form of control by one
voter over the vote of another must be prohibited.
c. The list of persons actually voting should not be published.
d. The violation of secret suffrage should be sanctioned.
...”
THE LAW
I. THE GOVERNMENT’S PRELIMINARY OBJECTION
48. The Government objected that the MKKP had failed to exhaust
domestic remedies as required by Article 35 § 1 of the Convention in
respect of its complaint under Article 10.
A. The Chamber judgment
49. The Chamber observed that the MKKP’s constitutional complaint
raised the issue whether the sanction imposed on it for operating the mobile
application in question had infringed its right to freedom of expression,
since that activity had fallen under Article IX (1) of the Fundamental Law.
In those circumstances the Chamber found that the MKKP had raised the
essence of its complaint before the Constitutional Court and complied with
the obligation to exhaust domestic remedies. In conclusion, the Chamber
dismissed the Government’s objection.