44 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT – SEPARATE OPINION DISSENTING OPINION OF JUDGE DEDOV 1. With great respect to the opinion of the majority, I believe that the present case deserves a different approach, based on an assessment of the methods of political campaigning in a democratic society. Obviously, taking photographs of ballot papers, publishing them and sharing them with others does not constitute an offence. Formally speaking it could be considered as an innocent expression of opinion. However, the other matter of encouraging voters to cast an invalid ballot was not innocent, in my view. 2. The majority of the Court has found it established that the applicant party, the MKKP, intended to influence voters. The majority of judges preferred not to discuss the nature of that influence; however, it constitutes a crucial point of the present case. The MKKP was not satisfied with the whole idea of the referendum, and organised an “anti-anti-immigration campaign” (see paragraphs 12, 19 and 20 of the judgment). 3. There are, however, no doubts about the legitimacy of the referendum: the question put by the Government was appropriate and necessary for the purpose of administering the public interest through a public vote. The Government expressed concern about the security problems which might be created by the influx of migrants, and those problems deserved a public debate. Moreover, the question was approved by the Supreme Court, the Kúria, and concerned the sovereign powers of the national parliament to decide on the immigration issue. 4. Voters have the opportunity to agree or disagree when answering the question on the ballot paper. If they decide not to exercise their voting rights they can abstain from voting. There are no other options. The same procedure applies to parliamentary elections, in which the voting procedure does not usually make it possible to vote against all the candidates. A certain number of people are registered as candidates for the elections, some better, some worse, and the voters have to choose between them. There is no presumption that voters are entitled to intentionally invalidate ballot papers because participation in the decision-making process constitutes one of the values of a democratic society. 5. Within the voting process mistakes happen, and ballot papers may occasionally be spoiled in some way. But the MKKP sought to influence voters to invalidate their ballots intentionally in order to express their disagreement with the whole idea of the referendum. They encouraged voters to draw amusing pictures on ballot papers, showing that those papers could be used for any purpose other than voting. The pictures may not have looked insulting, but they undoubtedly demonstrated disrespect for the referendum. The MKKP’s campaign was therefore disrespectful in relation to the democratic institution designed for the purpose of decision-making by society.