2 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT European Union to be entitled to order the mandatory settlement of nonHungarian citizens in Hungary without Parliament’s consent?” 7. In the course of the campaign several opposition parties called on voters to boycott the referendum or to cast invalid ballots that would not count in the final tally but could still be interpreted as rejecting the idea of the referendum. On 29 September 2016 the applicant political party made available a mobile telephone application to voters (“the cast-an-invalid-vote app”) where they could upload, and share with the public, photographs taken of their ballots. It also enabled voters to comment on the reasons for how they cast their ballot. The posting and sharing of photographs were anonymous. The application was reported in major online journals. 8. On 29 September 2016 a private individual lodged a complaint with the National Election Commission (Nemzeti Választási Bizottság) about the application. 9. In a decision of 30 September 2016 the National Election Commission found that the application infringed the principles of fairness of elections, voting secrecy, and the proper exercise of rights (rendeltetésszerű joggyakorlás), and ordered the applicant organisation to refrain from further breaches of section 2(1)(a) and (e) of Act no. XXXVI of 2013 on Electoral Procedure and Article 2(1) of the Fundamental Law. Relying on a previous resolution issued in 2014, it held that voters could not treat ballot papers as their own [property], and therefore could neither take them out of the voting booths nor take a photograph of them. It held that taking photographs of ballot papers could lead to electoral fraud. Furthermore, although the principle of secrecy did not create any obligation on the voters’ side, it nevertheless did not entitle them to abuse their situation, bearing in mind that voting secrecy could only be maintained with their cooperation. The Commission concluded that the phone application was capable of discrediting the work of election bodies and tallying systems in the eyes of the public. 10. The applicant sought judicial review of this decision before the Kúria. 11. By a judgment of 10 October 2016 the Kúria upheld the Commission’s decision as to its finding regarding the infringement of the principle of the proper exercise of rights. The Kúria held that the purpose of the ballots had been to enable voters to express their opinion on the referendum question, and that taking photographs of ballots and subsequently publishing them had not been in line with this purpose. A ban on photographs and on publication had not infringed voters’ freedom of expression, since they had been free to express their opinions by casting their ballots and to share with others how they had voted. The Kúria overturned the remainder of the Commission’s decision on the infringement of the secrecy of the electoral process and on the discrediting of the work of the electoral bodies. It found that there was no regulation prohibiting voters