Federal Law on the Election of the National Council (National Council
Election Regulation 1992 – NRWO)
BGBl.
No. 471/1992
(NR:
GP XVIII RV 180 AB 601 p. 78. BR: 4335 AB 4306 p. 557).
as amended by the Federal Laws
BGBl. No. 505/1994 (NR: GP XVIII RV
1334 AB 1608 p. 168. / BR: AB 4818 p. 588.)
BGBl. No. 18/1995 (NR: GP XIX AB 60 p.
11 / BR: AB 4943 p. 593.)
BGBl. No. 117/1996 (NR: GP XX RV 18 AB
28 p. 5. / BR: 5128 AB 5131 p. 609.) (CELEX-No.: 393L0109)
BGBl. I No. 30/1998 (NR: GP XX RV 915
AB 1037 p. 104. BR: AB 5611 p.634.)
BGBl. I No. 161/1998 (NR: GP XX IA
856/A AB 1396 p. 139. BR: AB 5783 p. 644.)
BGBl. I No. 90/1999 (NR: GP XX AB 1773
p. 171. BR: AB 5959 p. 655.)
BGBl. I No. 98/2001 – Article 15
(Adaptation to Currency (Euro) Act – Interior Ministry) (NR: GP XXI RV 621 AB
704 p. 75. BR: 6398 AB 6424 p. 679.)
(Translator’s remark: BGBl: Federal Law
Gazette, NR: National Council, GP: Parliament session, RV: Government bill, AB:
Committee Report, BR: Federal Council)
Contents
PART
I
Announcement of the election,
Partitioning of the federal territory for election purposes, Electoral
authorities
Section 1: Number of members,
Announcement of the election, Constituencies § 1. Announcement of the
election, Day of election, Qualifying date
§ 2. Provincial constituencies, Voting
districts
§ 3. Regional constituencies
§ 4. Number of seats in the
constituencies,
Calculation according to the latest
census
§ 5. Proclamation of the number of
seats
Section
2: Electoral authorities
§ 6. General provisions
§ 7. Scope of competence of the
electoral authorities and polling officer
§ 8. Community electoral authorities
§ 9. Precinct electoral authorities
§ 10. District electoral authorities
§ 11. Provincial electoral authorities
§ 12. Federal electoral authority
§ 13. Periods for the appointment of
precinct polling officers, Permanent representatives and deputies, Swearing-in,
Scope of competence of the polling officer
§ 14. Filing the applications to
appoint the assessors and their substitutes
§ 15. Appointment of the assessors and
substitute assessors, Sending of persons of confidence
§ 16. Constitution of the electoral
authorities, Swearing-in of the assessors and substitute assessors
§ 17. Presence quorum, Effective
decisions of the electoral authorities
§ 18. Carrying out of official acts by
the polling officer alone
§ 19. Modifications in the constitution
of the electoral authorities, Tenure
§ 20. Entitlement to fees for the
members of the electoral authorities
PART
II
Right to vote, Registration of the
persons having the right to vote
Section 1:
§ 21. Right to vote
Section
2: Exclusion from the
election
§ 22. Due to a criminal sentence
Section
3: Registration of the
electorate
§ 23. Electoral lists
§ 24. Place of listing
§ 25. Providing access to the electoral
list
§ 26. Announcement in private houses
§ 27. Issuing of copies to the parties
§ 28. Objections
§ 29. Notification of the person whose
deletion is requested
§ 30. Decision on objections
§ 31. Correction of the electoral list
§ 32. Appeals
§ 33. Handling of the objections and
appeals raised according to the Voters’ Records Act 1973
§ 34. Closing of the electoral list
§ 35. Reports on the number of persons
having the right to vote
§ 36. Participation in the election
§ 37. Place of exercising the right to
vote
Section
4: Electoral cards
§ 38. Right to be issued an electoral
card
§ 39. Issue of the electoral card
§ 40. Procedure after issue of
electoral cards
PART
III
Eligibility, Campaigning
Section 1
§ 41. Eligibility
Section
2: Campaigning
§ 42. Submission, first examination and
support of the provincial election proposals
§ 43. Content of the provincial election
proposals
§ 44. Distinctive party names and
abbreviations in the provincial election proposals
§ 45. Provincial election proposal
without representative authorised to receive official mail
§ 46. Examination of the provincial
election proposals
§ 47. Complementary proposals
§ 48. Provincial election proposals
with the same persons campaigning
§ 49. Finalising and public
announcement of the provincial election proposals
§ 50. Withdrawal of the provincial
election proposal and regional party lists
§ 51. Reimbursement of the contribution
for costs
PART
IV
Polling procedure
Section 1: Place and time of
election
§ 52. Community as place of election,
Orders of the community electoral authorities, and of the city council in
§ 53. Precincts
§ 54. Polling stations
§ 55. Polling stations outside of a
precinct, Common polling stations for several precincts
§ 56. Polling stations for voters with
electoral card
§ 57. Voting booth
§ 58. Zones of prohibition
§ 59. Time of election
§ 60. Casting the ballot abroad by persons
having the right to vote
Section
2
§ 61. Election witnesses
Section
3: Acts of voting within
§ 62. Organisation of the election,
Official power of the polling officer
§ 63. Beginning of the act of voting
§ 64. Voting envelopes
§ 65. Entering the polling station
§ 66. Personal exercise of the right to
vote
§ 67. Identification
§ 68. Casting the ballot
§ 69. Notes in the ballot register and
in the electoral list by the electoral authority
§ 70. Procedure with electoral card
voters
§ 71. Casting the ballot in case of
doubtful identity of the voter
Section 4: Special facilitation for
the exercise of the right to vote
§ 72. Exercise of the right to vote by
persons being cared for in convalescence and nursery homes
§ 73. Exercising the vote by voters
with electoral cards being bedridden or restricted in their personal liberty
§ 74. Exercising the right to vote by
persons entitled to vote being restricted in their personal liberty
Section
5: Official ballot
§ 75. Official ballot for the
provincial constituency
§ 76. Blank official ballot
§ 77. Common provisions for the
official ballot
Section
6: Validity and invalidity
of the official ballot
§ 78. Valid filling out
§ 79. Casting preferential votes
§ 80. Several ballots in one voting
envelope
§ 81. Invalid ballots
Section
7: Validity and invalidity
of the blank official ballot
§ 82. Valid filling out
§ 83. Invalid ballots
Section
8: Ascertainment of the
local election results
§ 84. Examination of the ballots,
Counting the votes
§ 85. Written report
§ 86. Putting together the precinct
results outside of
§ 87. Special measures in case of
exceptional occurrences
§ 88. Putting together the local
election results by the district electoral authority
§ 89. Submission of the electoral files
of the community electoral authorities, and the precinct electoral authorities
in Vienna, to the district electoral authority
§ 90. Ascertainment of the election
results in the voting district and submission of the electoral files to the
provincial electoral authority
§ 91. Ascertainment of the preferential
votes
PART
V
Ascertainment procedure
Section
1: Preliminary election result
§ 92. Ascertainment of the number of
voting envelopes delivered by electoral card voters within the territory of
Austria outside of the issuing regional constituency, Report to the federal
electoral authority
§ 93. Preliminary ascertainment in the
provincial constituency,
Report to the federal electoral
authority
§ 94. Handling of voting envelopes
delivered by electoral card voters within Austria.
Report to the federal electoral authority
§ 95. Ascertainment of the preliminary
election result by the federal electoral authority
Section
2: Ascertainments by the provincial
electoral authority
§ 96. Authentic report of votes with
election quotient
First
ascertainment procedure
§ 97. Definite result in the regional
constituency, Allotment of seats to the parties
§ 98. Allotment of seats to the
regional candidates of the regional party lists according to the preferential
votes, Listing of regional candidates not elected
§ 99. Written report on the first
ascertainment procedure
Second
ascertainment procedure
§ 100. Ascertainment and announcement
of parties participating in the second ascertainment procedure
§ 101. Definite result in the provincial
constituency, allotment of seats to the parties
§ 102. Allotment of seats to the
candidates of the provincial party lists in accordance with the preferential
votes, Sequence of candidates not elected
§ 103. Written report on the second
ascertainment procedure
§ 104. Report to the federal electoral
authority
§ 105. Announcement of the election
results, Forwarding of the election records
Section
3: Duties of the federal
electoral authority
Third ascertainment procedure
§ 106. Introduction of the federal
election proposals
§ 107. Ascertainment and allotment of
seats
§ 108. Allotment to the candidates,
Written report, Announcement
§ 109. Statements of candidates elected
twice
Section
4:
§ 110. Objections against figures
ascertained
Section
5: Candidates not elected
§ 111. Appeal, Refusal, Deletion
§ 112. Filling of seats in case of
depletion of election proposals
Section
6
§ 113. Election certificates
PART
VI
§ 114. Elections to the National
Council held simultaneously with other elections
PART
VII
Special
provisions for repeating the election procedure
§ 115. Scope of application
§ 116. Call for repetition of an
election
§ 117. Electorate and voters’ records;
Election precincts and electoral authorities
§ 118. Issuing of electoral cards; Electoral
authorities for electoral card voters
§ 119. Voting by electoral card
§ 120. Sending of electoral card
voters' ballots
§ 121. Count of electoral card voters’
votes
PART
VIII
Final provisions
§ 122. Information in writing and
immediate notifications
§ 123. Deadlines
§ 124. Costs of the election
§ 125. Exemption from fees
§ 126. (Female forms of official
titles)
§ 127. (Transitional provisions)
§ 128. (First announcement of the
number of seats after taking effect)
§ 129. (Taking effect)
Schedules to the NRWO
Schedule 1: Voting districts of the
regional constituencies
Schedule 2: Electoral list
Schedule 3: Electoral card
Schedule 4: Declaration of support
Schedule 5: Ballot register
Schedule 6: Official ballot
Schedule 7: Blank official ballot
PART I
Announcement of the election, Partitioning of the federal territory for
election purposes, Electoral authorities
Section
1
Number of members, Announcement of the election, Constituencies
Number of members, Announcement of the election,
Day of election, Qualifying date
§ 1. (1) The National Council consists of 183
members, who are elected according to the provisions of this federal law.
(2) The election shall be announced by
the federal government in the Federal Law Gazette by way of regulation. This regulation
shall contain the day of election, which must be set by the federal government
on a Sunday or other public holiday in accordance with the main committee of
the National Council. Moreover, the regulation shall determine the day to be
taken as qualifying date. This day must not precede the day of the announcement
of the election. The periods set in §§ 13, 14, 16 and 25 of this federal law
and the preconditions of the right to vote (§ 21 al. 1) and of the eligibility
(§ 41) are determined by the qualifying date.
(3) The regulation of the Federal
Government on the announcement of the election shall also be publicly
proclaimed in all communities.
Provincial constituencies, Voting districts
§ 2. (1) For election purposes the federal territory
is partitioned in nine provincial constituencies, whereby each province
constitutes a provincial constituency. The provincial constituency bears the
name of the province and has a number according to the alphabetical order of
the provinces.
(2) Casting the ballot takes place at
the local electoral authority. Local electoral authorities comprise the
community electoral authorities and the precinct electoral authorities.
(3) Each political district, in the
provinces of Lower Austria and Vorarlberg each administrative district, and
each city with self-government constitutes a voting district. In the City of
Vienna each community district is a voting district.
Regional constituencies
§ 3. (1) The voting districts of the provincial
constituencies are combined to one or several regional constituencies. The
regional constituencies bear the number of their provincial constituency and,
in addition, a letter according to the alphabetical order.
(2) The regional constituencies are:
Number of Provincial
Constituency Name:
1A Burgenland
North
1B
Burgenland South
2A
2B
2C
Carinthia West
2D
Carinthia East
3A
Weinviertel
3B
Waldviertel
3C
Mostviertel
3D Lower
Austria Central
3E Lower
Austria South
3F
Vienna-Surroundings
3G Lower
Austria South-East
4A Linz and
Surroundings
4B
Innviertel
4C Hausruckviertel
4D Traunviertel
4E Mühlviertel
5A Salzburg City
5B Flachgau/Tennengau
5C Lungau/Pinzgau/Pongau
6A
6B Styria
Central
6C Styria
South
6D Styria
East
6E Styria
North
6F Styria
North-East
6G Styria
North-West
6H Styria
West
7A
7B
Innsbruck-Land
7C
Unterland
7D Oberland
7E
8A
Vorarlberg North
8B
Vorarlberg South
9A Vienna
Inner-South
9B Vienna
Inner-West
9C Vienna
Inner-East
9D Vienna
South
9E Vienna
South-West
9F
9G Vienna
North
(3) The voting districts of the
regional constituencies can be seen from Schedule 1.
Number of seats in the constituencies,
Calculation according to the latest census
§ 4. (1) In each constituency as many seats of the National
Council are distributed as are the results of the calculation according to al.
2 to 5.
(2) The number of citizens having their
principal residence within the territory of the Republic according to the final
results of the latest ordinary or special census (Census Act 1980, Federal Law
Gazette No. 199) plus the number of citizens living abroad, being registered in
the electoral list on the qualifying date shall be divided by 183. This
quotient shall be calculated as a three-figure decimal. It constitutes the
figure of proportion.
(3) Each provincial constituency is
allotted as many seats as the figure of proportion (al. 2) is contained in the
number of citizens having their principal residence in the provincial
constituency according to the final results of the latest ordinary or special
census respectively, plus the number of citizens living abroad who are
registered on the qualifying date in the electoral list in the area of the
provincial constituency.
(4) If not all 183 seats can be
allotted this way, the quotients to be ascertained according to al. 3 shall be
calculated as a three-figure decimal. The remaining seats are allotted to those
provincial constituencies that show the largest decimals according to the
sequence order. In case the decimals are equal in two or more provincial
constituencies, these provincial constituencies are allotted one remaining seat
each, unless it is for the allotment of the last of the 183 seats. If, by way
of equal decimals, two or more provincial constituencies are equally entitled
to the allotment of this last seat, the question of which provincial
constituency is allotted this last remaining seat is decided by drawing lots.
(5) Each regional constituency receives
as many of the National Council seats allotted to the respective provincial
constituency as are calculated by application of the general meaning of al. 3
and 4.
Proclamation of the number of seats
§ 5. (1) The number of seats allotted to each
constituency according to § 4 shall be proclaimed by the Minister for the
Interior in the Federal Law Gazette immediately following the confirmation of
the final results of the latest ordinary or special census respectively.
(2) The allotment of the seats so
proclaimed shall be applied to all National Council elections that take place
from the effectiveness of the proclamation till the proclamation of the
allotment of seats on the grounds of the next ordinary or special census
respectively.
Section
2
Electoral authorities
General provisions
§ 6. (1) The electoral authorities shall be
responsible for the organisation and carrying out of the elections. They are
re-constituted before each election.
(2) The electoral authorities consist
of a chairman as polling officer or his deputy and a number of assessors. For
each assessor a substitute assessor shall be appointed in case he should be
unable to attend.
(3) Only persons having the right to
vote in National Council elections can be members of the electoral authorities.
Persons not meeting this requirement are excluded from the electoral authority.
Anyhow, the non-presiding deputies and the substitute assessors who are not
taken into account for the quorum and vote enjoy the same status as the members
of the electoral authorities.
(4) The office of a member of an
electoral authority is a public honorary office which each person resident in
the community where the respective electoral authority is located is obliged to
accept.
(5) The meetings of the electoral
authorities can also be attended by representatives of the campaigning parties
according to § 15 al. 4.
Scope of competence of the electoral authorities and polling officer
§ 7. (1) The carrying out and organisation of the
elections shall be the duty of the electoral authorities. The polling officers
shall fulfil the duties as provided by this federal law. They shall also
prepare the meetings of the electoral authorities and implement the decisions
of the electoral authorities.
(2) The electoral authorities shall be
given the necessary personnel and equipment from the resources of the office,
headed by the polling officer or by which he is appointed. The accruing costs
shall be borne by the regional authority responsible for the funding of the
office concerned.
Community electoral authorities
§ 8. (1) A community electoral authority shall be
established for each community except Vienna.
(2) Regardless of the provision in § 10
al. 5, it shall consist of the mayor or a permanent representative to be
appointed by him as chairman and community polling officer and of nine assessors.
(3) In case the community polling
officer is temporarily unable to attend, the mayor shall also appoint a deputy.
Precinct electoral authorities
§ 9. (1) In communities partitioned in precincts a precinct
electoral authority shall be established for each precinct. In the provincial
constituencies outside of Vienna the community electoral authority may also
serve as precinct electoral authority in one of its precincts.
(2) The precinct electoral authority
consists of the chairman to be appointed by the mayor as precinct polling
officer and three assessors.
(3) In case the precinct polling
officer is temporarily unable to attend, the mayor shall also appoint a deputy.
District electoral authorities
§ 10. (1) For each political district (administrative
district), each city with self- government, and in the City of Vienna at the
seat of each City Council District Office a district electoral authority shall
be established. The regional jurisdiction of the district electoral authorities
in Vienna corresponds with the jurisdiction of the City Council District
Office.
(2) The district electoral authority
consists of the head of the district office, of the mayor in the cities with
self-government, and of the head of the City Council District Office in the
City of Vienna, or a permanent representative to be appointed by him as
chairman and district polling officer, as well as of nine assessors.
(3) In case the district polling
officer is temporarily unable to attend he shall appoint a deputy.
(4) The district electoral authority
has its seat at the seat of the district polling officer.
(5) Outside of Vienna the members of
the district electoral authority must not simultaneously be members of
community electoral authorities, in Vienna not simultaneously be members of the
provincial electoral authority for the provincial constituency of Vienna.
Provincial electoral authorities
§ 11. (1) At the seat of each Office of the
Provincial Government a provincial electoral authority shall be established
separately for each Province.
(2) It consists of the Governor of the
Province or a permanent representative to be appointed by him as chairman and
provincial polling officer, and of nine assessors.
(3) In case the provincial polling
officer is temporarily unable to attend, the Governor shall also appoint a
deputy.
Federal electoral authority
§ 12. (1) At the seat of the Ministry of the Interior
the federal electoral authority shall be established for the entire federal
territory.
(2) It consists of the Federal Minister
of the Interior as chairman and federal polling officer and eleven assessors,
of whom two persons belong or belonged to the judiciary.
(3) The members of the federal
electoral authority must not be officials of any other electoral authority.
(4) In case the Federal Minister of the
Interior is temporarily unable to attend he appoints several deputies and
determines the sequence order of their being called for his representation.
(5) Regardless of its scope of competence
according to § 7 al. 1, the federal electoral authority supervises all other
electoral authorities. Within the boundaries of this supervisory right the
federal electoral authority can, in particular, set aside or reverse unlawful
decisions or orders of the subordinate electoral authorities. Decisions of the
electoral authorities in objection or appeals proceedings against the electoral
lists (ballot registers) cannot be reversed by the federal electoral authority.
(6) The federal electoral authority can
also declare admissible an exceeding of the dates fixed in the §§ 13, 14, 16,
39, 47, 61, 106, 109, 111, 112 and 124 al. 3, if abiding by them is impossible
as a consequence of traffic problems or of other unavoidable reasons. Such
order must not affect dates and periods provided for in other provisions of
this federal law.
Periods for the appointment of precinct polling officers,
Permanent representatives and deputies,
Swearing-in, Scope of competence of the polling officer
§ 13. (1) The precinct polling officer, the permanent
representatives to be appointed according to §§ 8, 10 and 11, and all deputies
of the polling officer of the electoral authorities to be newly established
before each election who are to be appointed for the case of a temporary
inability to attend, shall be appointed on the seventh day after the qualifying
date at the latest, unless it is for the appointment of officers of electoral
authorities, whose constitution has subsequently become unavoidable due to the
reasons mentioned in § 14 al. 4.
(2) Before taking up their office the
appointed officers shall swear to that person having effected the appointment
their strict impartiality and diligent performance of their duties by means of
handshake.
(3) Until the constitution of the electoral
authorities to be newly established before each election their chairmen
(deputies) shall perform any undeferable duties of the electoral authorities
and, in particular, accept applications.
(4) After the constitution of these
electoral authorities the chairmen (deputies) shall be obliged to notify the
electoral authority of all previous dispositions and to discharge all duties
that are not reserved for decision of the electoral authorities themselves
according to § 7 al. 1.
Filing the applications to appoint the assessors and their substitutes
§ 14. (1) On the tenth day after the qualifying date
at the latest the party persons of confidence wishing to participate in the
election campaign (§ 42) shall submit their proposals for the assessors and substitutes,
not belonging to the judiciary, of the electoral authorities to be newly
established, who have to be appointed according to § 15 al. 3, to the polling
officers of these electoral authorities. Regardless of the provisions of
§ 15 al. 2, the proposals shall be based on the number of assessors and
substitute assessors according to the constitution of the electoral authorities
on the qualifying date.
(2) Only persons meeting the
requirements of § 6 al. 3 can be proposed as assessors and substitute assessors.
(3) The applications shall be addressed
to the Federal Minister of the Interior for the constitution of the federal
electoral authority, to the Governor of the Province for the constitution of
the provincial electoral authorities, to the provincial polling officer for the
district electoral authorities, and to the district polling officer for the
constitution of the community and precinct electoral authorities.
(4) Applications received late shall
not be taken into account, except of electoral authorities whose subsequent
constitution has become unavoidable due to modifications in the precincts, in
the community area, or in the political districts.
(5) The polling officer can request the
party persons of confidence submitting proposals according to al. 1 to
expressly declare in written form that the party wants to participate in the
election campaign (§ 42). If this declaration is not given, the proposals shall
be deemed as not submitted. If the party affiliates are known to the polling
officer and he is in the position to assess whether the applying persons do
indeed represent the party, or if an application is submitted by a party
represented in the National Council, the application shall be accepted
immediately for further processing. If this is not the case, the applicant has
to ensure that the application is signed by at least one hundred persons having
the right to vote, within the period determined in al. 1, if this has not
already been done.
(6) Before the appointment of the
assessors and their substitutes the applicants can modify or withdraw their
applications any time. The provisions of al. 2, 3 and 5 shall apply
accordingly.
Appointment of the assessors and substitute assessors,
Sending of persons of confidence
§ 15. (1) The assessors and substitute assessors of
the federal electoral authority, to be newly established before each election,
are appointed by the federal government.
(2) The appointment of the assessors
and substitute assessors of the other electoral authorities to be newly established
is the responsibility of the new electoral authorities, namely, the federal
polling officer in terms of the provincial electoral authorities, the
provincial polling officer in terms of the district electoral authorities, and
the district polling officer in terms of the community and precinct electoral
authorities. Should this cause a modification of the constitution of the
electoral authorities compared with the date of the announcement of the
election, the persons of confidence of the parties concerned by this
modification (§ 14 al. 1) shall submit the required proposals within the period
determined by the electoral authority.
(3) The assessors and substitute
assessors not belonging to the judiciary will be appointed on the basis of the
party proposals in application of the d’Hondt maximal number procedure
according to their strength determined by the preceding election of the
National Council in the jurisdiction of the electoral authority, with regard to
precinct electoral authorities in the territory of the community.
(4) However, if a party (§ 14 al. 1) is
not entitled to appoint an assessor according to al. 3, it shall be entitled to
send to each electoral authority at most two representatives as persons of
their confidence, if it is represented by at least three members in the
previously elected National Council. The same right is granted to those parties
not being represented in the previously elected National Council accordingly
with regard to the provincial electoral authorities and the federal electoral
authority. The persons of confidence shall be invited to the meetings of the
electoral authorities. They shall participate in the proceedings without voting
rights. Eventually, the provisions of al. 1, 2 and 5, and of §§ 6 al. 3, 14, 16
al. 2, 19 al. 1, 2, 3 first sentence, 4 and 5, 20 and 56 al. 1 last sentence,
shall be applied accordingly.
(5) The names of the members of the
electoral authorities shall be publicly announced the usual way.
Constitution of the electoral authorities,
Swearing-in of the assessors and substitute assessors
§ 16. (1) The electoral authorities to be convoked by
their chairman shall hold their constituting meeting on the twenty-first day
after the qualifying date at the latest.
(2) In this meeting the assessors and substitute
assessors shall, before taking up their office, swear to the chairman their
strict impartiality and diligent performance of their duties by means of
handshake. The same oath shall be declared by the assessors and substitute
assessors who are appointed after the constitutive meeting of the electoral
authority.
(3) The precinct electoral authorities
in Vienna and in the communities with more than 20.000 inhabitants can also be
convoked to the constitutive meeting on a later date. The same applies to
electoral authorities whose constitution has subsequently become unavoidable
due to one of the reasons mentioned in § 14 al. 4.
Presence quorum, Effective decisions of the electoral authorities
§ 17. (1) The electoral authorities have the necessary
quorum, if the chairman or his deputy, and at least half of the assessors are
present.
(2) The passing of an effective
decision requires the majority of the votes. The chairman does not take part in
the vote. However, in case the votes are equal, the opinion he adheres to is
decisive in making the decision.
(3) In ascertaining the quorum
substitute assessors are only taken into account if their respective assessors
are prevented from carrying out their duty.
Carrying out of official acts by the polling officer alone
§ 18. (1) If, notwithstanding its proper convocation,
an electoral authority fails on the day of election to meet the required quorum
or falls below the quorum during its sitting in office, and the urgency of the
official act does not permit any delay, the polling officer shall carry out the
official act alone. In this case he shall, if possible, consult persons of
confidence in proportion of the party strength.
(2) The same applies to all official acts
of an electoral authority unable to meet, because no party submitted proposals
for the appointment of assessors (substitute assessors) according to § 14.
(3) Save in the cases of al. 1 and 2
and of §§ 15 al. 2, 42 al. 1 and 113 the polling officer can carry out
undeferable official acts, for which he has been expressly authorised by the
electoral authority.
Modifications in the constitution of the electoral authorities,
Tenure
§ 19. (1) If, by any reason save the temporary
inability to attend, an assessor or substitute assessor does not discharge his
duty in the electoral authority, the party having submitted the proposal for
his appointment shall submit a new proposal for the vacant office.
(2) Officers, who may appoint precinct
polling officers, permanent representatives or certain deputies to the
electoral authorities in case of inability to attend, and parties having
submitted proposals for the appointment of assessors and substitute assessors
are also permitted to withdraw the appointed persons from the electoral
authorities and to replace them by new persons at any time.
(3) If a party, entitled to propose
assessors and substitute assessors to be appointed to an electoral authority in
a provincial constituency, did not submit a provincial election proposal (§ 42)
or the proposal was not made public (§ 49), those assessors and substitute
assessors shall lose their offices in the respective provincial electoral
authority and in all subordinate electoral authorities, however, in the federal
electoral authority only in case the party has in no provincial constituency
submitted a provincial election proposal or in no provincial constituency their
provincial election proposals have been made public. In this case all offices
of the assessors and substitute assessors shall be redistributed among the
campaigning parties according to § 15 al. 3 whether or not they are currently
represented in the electoral authority.
(4) If, following the National Council
elections, the constitution of an electoral authority does no longer correspond
with the provisions of § 15 al. 3, the modifications shall be carried out in
proportion with the new strength of the parties.
(5) For the modifications according to
al. 1 to 4 the provisions of § 14 al. 1 to 3, 5 and 6, and the §§ 15 and 16
shall be applied accordingly, however, for modifications according to al. 4,
subject to the proviso that the determined period begins on the thirtieth day
following the day of election.
(6) The electoral authorities
established before each election and possibly modified according to al. 1 to 5
remain in office until the constitution of the electoral authorities on the
occasion of the next election.
Entitlement to fees for the members of the electoral authorities
§ 20. (1) The members of the electoral authorities
are entitled to fees according to al. 2 and 3 for their service.
(2) In order to determine the extent
and amount of the fees according to al. 1 the provisions on the fees of jurors
and lay-judges of the Entitlement to Fees Act 1975, Federal Law Gazette No.
136, shall be applied accordingly.
(3) The members of the electoral
authority shall submit to the polling officer their claim for fees within 14
days after the closing of the meeting of the electoral authority. No
application is required if only costs of stay are claimed.
(4) The decision on the claims
according to al. 3 lies with the Federal Minister of the Interior with regard
to members of the federal electoral authority, and with the administrative
authority, which the polling officer belongs to or by which he is appointed,
with regard to the members of all other electoral authorities; against this
decision no remedy is admissible.
(5) The cost for the fees of the
members of the electoral authorities shall be borne by the regional authority
which is obliged to bear the cost of the office that is responsible for the
procurement of the necessary personnel and equipment to the electoral
authorities according to § 7 al. 2.
PART
II
Right to vote, Registration of the persons having the right to vote
Section
1
Right to vote
§ 21. (1) All men and women have the right to vote,
provided they have the Austrian citizenship, have reached the age of 18 before
1st January of the year of the election, and are not excluded from
the right to vote.
(2) With the exception of the age
requirement, the question whether the preconditions according to al. 1 are met
shall be assessed at the qualifying date (§ 1 al. 2).
Section
2
Exclusion from the election
Due to a criminal sentence
§ 22. (1) Anyone being effectively sentenced to a
term of imprisonment exceeding one year by a domestic court due to one or more
wilfully committed criminal offences is excluded from the right to vote. This
exclusion ends after six months. The period begins after the term has been served
and preventive measures entailing the restraint of personal liberty have been
ended or have become obsolete; in case the term has been served only by way of
deducting the time of detention pending trial from the sentence, the period
begins when the verdict is final.
(2) If the legal consequences are
excluded by other legal provisions, lapsed, or the convict has been released
from the legal consequences or the exclusion from the right to vote, he is not
excluded from the right to vote either. Moreover, the exclusion from the right
to vote is not effective, if the court has suspended the term. If the
suspension is revoked, the exclusion from the right to vote becomes effective
on the day when this decision becomes final.
Section
3
Registration of the electorate
Electoral lists
§ 23. (1) The electorate shall be registered in the
electoral lists. For the electoral lists the specimen in Schedule 2 shall be
used.
(2) The setting up of the electoral
lists is the duty of the communities within the conferred jurisdiction of the
federation.
(3) The electoral lists shall be set up
by the communities on the basis of the voters’ records.
(4) In communities not partitioned in
precincts the electoral lists shall be set up according to the alphabetical
order of the names of the persons having the right to vote; if, however, a
community is partitioned in precincts they shall be set up according to
precincts and, if applicable, to towns, streets, and house numbers.
Place of listing
§ 24. (1) Each person having the right to vote shall
be registered in the electoral list of that place (community, precinct) where
he has his principal residence on the qualifying date. For persons having the
right to vote who live abroad the place of their being registered in the
electoral list shall be determined by the entries in the voters’ records.
(2) Each person having the right to
vote shall only be registered once in the electoral lists.
(3) Persons having the right to vote
who are called for military service or alternative national service shall be
registered in the electoral list of that community where they used to have
their principal residence before having been called, unless they changed their
residence during their military or alternative national service.
(4) If a person having the right to
vote is registered in the electoral list of several places (communities,
precincts), he shall be deleted immediately from the electoral list where he
was wrongly registered. The person having the right to vote and the community
in which he keeps being registered shall be immediately notified.
Providing access to the electoral list
§ 25. (1) On the twenty-first day after the
qualifying date the electoral list shall be shown to the public for ten days in
a generally accessible office room. In communities where public announcements
are made according to § 26 the period of access may be reduced to one week. In
such cases the period of access begins on the twenty-fourth day after the
qualifying date. In Vienna a place of access shall be established at least in
each community district.
(2) The access to the electoral lists
shall be announced by the mayor in the usual local way before the beginning of
the period of access. The public announcement shall also include the period of
access, the daily hours of access not less than four hours, the name of the
office rooms where the electoral list is available for examination, the office
where objections can be filed against the electoral list, and the provisions of
al. 3 and §§ 28 and 33. In fixing the daily hours reserved for the access it
shall be taken into consideration that the access be possible beyond the normal
working hours.
(3) During the period of access
everyone may examine the electoral list or make copies of it.
(4) Beginning with the first day of
access modifications in the electoral lists shall only be permitted on the
grounds of an objection or appeals proceeding. Excepted from this rule are
deletions according to § 24 al. 4, the correction of apparently wrong
registrations of persons having the right to vote, and the corrections of
formal mistakes, in particular the correction of writing mistakes.
Announcement in private houses
§ 26. (1) Before the period of examination begins, an
announcement shall be posted in communities of more than 10.000 inhabitants in
each private house in a place which is generally accessible to the residents
(doorway) showing the number of male and female persons of the electorate in
the order of the position and door number of the apartments, or their family
and first names, and the office where objections can be filed against the
electoral list.
(2) Such announcements can also be
posted in other communities; they have to be posted in any case if the
appropriate district authority, or the Governor of the Province with regard to
cities with self-government, so decides.
Issuing of copies to the parties
§ 27. (1) The communities shall issue to the parties
being represented in the National Council and to the other parties wishing to
campaign, at their request and against reimbursement of the costs, copies of
the electoral lists on the first day of their being accessible at the latest.
(2) The applicants shall submit this
request two weeks before the access of the electoral list at the latest. 50% of
the estimated production costs are due upon the application. The remaining
costs shall be paid upon receipt of the copies.
(3) The same preconditions apply to the
issue of possible amendments to the electoral list.
Objections
§ 28. (1) During the period of access every citizen
can, upon providing his name and address, object in written form or orally
against the electoral list at the office named for recording of objections (§
25 al. 2). The person objecting can request the adding of a person having the
right to vote to the electoral list or the deletion of a person not having the
right to vote from the electoral list.
(2) The objections must reach the
office, where they shall be submitted, before the end of the period of access.
(3) In case the objection is submitted
in written form each case shall require a separate objection. If the objection
demands the adding of a person having the right to vote to the electoral list,
the documents necessary to substantiate the objection, in particular a voter’s
data form (specimen Schedule 1 of the Voters’ Records Act 1973) filled out by
the person presumed to have the right to vote, shall be attached, except of a
citizen living abroad. If the objection requests the deletion of a person not entitled
to vote the reason shall be indicated. All objections, even faulty ones, shall
be accepted and forwarded by the offices in charge. In case an objection is
signed by several persons the one having signed first is considered to be
authorised recipient.
(4) Anyone who maliciously raises
objections commits an administrative offence and is subject to a maximum fine
of up-to 218 Euros and, in case it cannot be collected, to a maximum subsidiary
term of imprisonment of two weeks.
Notification of the person whose deletion is requested
§ 29. (1) The community shall notify the person whose
listing in the electoral list was objected, stating the reasons, within 24
hours after receipt of the objection. The person concerned has the right to
make counter-statements in written form or orally before the authority
competent to decide on the objection within four days after the receipt of the
objection.
(2) The names of the objecting persons
are subject to official secrecy. They shall be provided to the criminal courts at
request.
Decision on objections
§ 30. (1) Outside of Vienna the community electoral
authority and in Vienna the district electoral authority shall decide on
objections within six days following the end of the period of access. § 7 of
the General Administrative Procedure Act 1991 is applicable.
(2) The community shall without delay
notify the objecting person and the person concerned of the decision in written
form.
Correction of the electoral list
§ 31. If the decision necessitates the correction of the
electoral list, the community shall carry out the correction of the electoral
list, stating the date of decision, immediately after the decision has become
effective. If a person not previously registered in the electoral list is thus
added, his name shall be noted at the end of the electoral list together with
the next available current number, and in that position of the electoral list,
where he would have had to be registered initially, reference shall be made to
the current number of the new entry.
Appeals
§ 32. (1) The person objecting and the person
concerned by the decision may appeal against the decision according to § 30 al.
1 to the community in written form within two days upon receipt of the
decision. The community shall without delay notify the respondent of the filed
appeal with the information that he has the right of access to the appeal and
to make a statement on the given reasons of appeal within two days upon receipt
of the notification.
(2) Outside of Vienna the district
electoral authority and in Vienna the provincial electoral authority shall
decide on the appeal within four days following its receipt. § 7 of the General
Administrative Procedure Act 1991 is applicable. No further appeal is
admissible.
(3) The provisions of §§ 28 al. 2 to 4
and 30 al. 2, and § 31 are applicable accordingly.
Handling of the objections and appeals raised
according to the Voters’ Records Act 1973
§ 33. The provisions mentioned above in §§ 28 to 32
shall be applied to the objections and appeals against the voters’ records
pending at the beginning of the period of access according to the provisions of
the Voters’ Records Act 1973 as amended (§§ 4 to 8).
Closing of the electoral list
§ 34. (1) After the completion of the objection and
appeals proceedings the community shall close the electoral list.
(2) The final electoral list shall be
decisive for the election.
Reports on the number of persons having the right to vote
§ 35. (1) Before providing access to the electoral
list (§ 25) the district electoral authorities shall announce the number of
persons having the right to vote in the voting district, subdivided by men and
women, to the provincial electoral authority, which in turn shall announce the
same to the federal electoral authority for the territory of the province by
the fastest way available (immediate notification).
(2) The modifications of the number of
persons having the right to vote, which occur due to the objection and appeals
proceedings, shall be equally reported to the provincial electoral authority
after the closing of the electoral list, which shall report without delay to
the federal electoral authority.
Participation in the election
§ 36. (1) Only persons having the right to vote and
whose names are contained in the final electoral list can participate in the
election.
(2) Every person having the right to
vote has only one vote.
(3) In communities with more than 1.000
inhabitants the persons having the right to vote shall receive official election
information according to local customs, till the third day before the day of
election at the latest, which shall contain at least the family and first name
of the person having the right to vote, the year of birth and the address, the
place of election (precinct), the current number of his entry in the electoral
list, the day of election, the election hours and the polling station.
Place of exercising the right to vote
§ 37. (1) Every person having the right to vote
shall, as a principle, exercise his right to vote in the place (community,
precinct) where he is registered in the electoral list.
(2) Persons having the right to vote
who have an electoral card can also exercise their right to vote elsewhere.
Section
4
Electoral cards
Right to be issued an electoral card
§ 38. (1) Voters who will, on the day of election,
presumably not be at the place (community, precinct) of their being registered
in the electoral list and would thus not be able to exercise their right to
vote, are entitled to be issued an electoral card.
(2) Persons are also entitled to be
issued an electoral card to exercise their right to vote if they are unable to
come to the respective polling station on the day of election, due to not being
able to walk or being transported, or being bedridden, be it for reasons of
ailment, age or else, or due to their being in custody of the court, detained
in prison, or special institutions or otherwise held captive, and they wish to
take the option of casting the ballot before a special electoral authority (§
73 al. 1), unless the right to vote could be exercised according to § 72 or §
74.
(3) If a person having the right to
vote subsequently lacks the preconditions for the entitlement to an electoral
card for reasons of al. 2, he shall notify the community, where he used to
stay, in time before the day of election, that he waives the right to go to a
special electoral authority established according to § 73.
Issue of the electoral card
§ 39. (1) The issue of the electoral card shall be
applied for in written form or orally in the community by which the person
having the right to vote was registered in the electoral list, beginning with
the day of announcement of the election till the third day before the day of
election at the latest; abroad the issue and handing over of the electoral card
can also be applied for through an Austrian official representation. In case of
an oral application the identity shall be proven by a document, in case of a
written application the identity may also be shown by other means. In case of §
38 al. 2 the application shall include the express request for a visit by a
special electoral authority according to § 73 al. 1 and the exact description
of the location where the applicant expects the visit by a special electoral
authority, and in case of persons being in official custody an official
confirmation of the detention.
(2) The electoral card shall be issued
as an envelope ready to be sealed and shall bear the printing provided in
Schedule 3. In case electoral cards are issued by means of electronic data
processing, it is sufficient, instead of the mayor’s signature, to put his name
on it; no confirmation by the secretariat is required.
(3) If the application for issue of an
electoral card is accepted, an official ballot and a voting envelope ready to
be sealed with the number of the provincial constituency imprinted shall be
issued together with the electoral card. These latter forms shall be put into
the envelope mentioned in al. 2. The envelope shall be issued to the applicant.
The applicant is obliged to keep the envelope well cared of till casting the
ballot.
(4) The community must not issue
duplicates for electoral cards lost or damaged, or further official ballots.
Procedure after issue of electoral cards
§ 40. (1) The issue of electoral cards shall be noted
in the electoral list in the column "remark" in the line of the
respective voter by adding the word "electoral card" in an
eye-catching way (e.g. using a coloured pencil).
(2) In case the electoral card is
issued to a person having the right to vote according to § 38 al. 2, being
outside of the place where he is registered in the electoral list, the issuing
community shall notify the community, where the person having the right to vote
currently stays, of the issue of the electoral card with the information that
this person shall be visited by a special electoral authority.
(3) The number of the electoral cards
issued shall be announced to the provincial electoral authority through the
channels of the district electoral authority after the end of the period
provided in § 39 al. 1 (immediate notification). The provincial electoral
authority shall report to the federal electoral authority without delay the
number of electoral cards issued in their jurisdiction, however on the day
preceding the day of election at the latest.
(4) §§ 56, 72 and 73 provide whether
and how special electoral authorities are to be determined for voters with
electoral cards. §§ 60, 68, 70 and 82 contain the provisions specific on the
exercise of the right to vote by voters with electoral cards.
PART
III
Eligibility, Campaigning
Section
1
Eligibility
§ 41. All men and women are eligible, provided they
have the Austrian citizenship on the qualifying date, have reached the age of
19 before 1st January of the year of the election, and are not
excluded from the right to vote.
Section
2
Campaigning
Submission, first examination and
support of the provincial election proposals
§ 42. (1) A campaigning party shall submit its election
proposal for the first and second counting procedure (provincial election
proposal) to the provincial electoral authority on the thirty-seventh day
before the day of election at 17:00 hours at the latest; § 122 shall not be
applied. The provincial poling officer shall, after an immediate examination of
the provincial election proposal for obvious faults, note on it day and time of
receipt. If the provincial polling officer detects obvious faults in a timely
submitted provincial election proposal, the provincial polling officer shall at
the party’s request grant leave for improvement, in which case the
re-submission of the improved provincial election proposal shall be effected
within the same period as provided for the submission of provincial election
proposals, and shall only then note the receipt.
(2) The provincial election proposal
must be signed by at least three members of the National Council or supported
by persons, who were registered in a community of the provincial constituency
on the qualifying date as having the right to vote in the electoral list, i.e.
in the provincial constituencies of Burgenland and Vorarlberg by 100 each, in
the provincial constituencies of Carinthia, Salzburg, and Tyrol by 200 each, in
the provincial constituencies of Upper Austria and Styria by 400 each, and in
the provincial constituencies of Lower Austria and Vienna by 500 each. The
declarations of support filled out according to the specimen in Schedule 4 and
personally signed according to al. 3, shall thereby be attached to the
provincial election proposal.
(3) The declaration of support shall
contain the confirmation of the community that the person named in the
declaration was registered in the voters’ records on the qualifying date as
having the right to vote. This confirmation shall only be given by the
community if the person named in the declaration appears in person before the
community authority in charge of the keeping of the voters’ records, has proven
his identity by providing an identity document with the person’s photo (e.g.
passport, ID card, driving licence, post office ID document), if the
declaration of support contains the information as to first and family name,
date of birth and address, and the name of the campaigning party to be
supported, and if the personal signature of the person named in the declaration
of support was either given before the community or certified by court or
notary.
(4) The communities are obliged to
issue a confirmation according to al. 3 without delay and free of administrative
charges, or other charges or fees. Such confirmation may only be issued once
for a person.
Content of the provincial election proposals
§ 43. (1) The provincial election proposal shall
contain:
1. the
distinctive party name in words and a possible abbreviation consisting of not
more than five letters, which can be a word;
2. the
provincial party list, being a list of at most twice as many campaigning
persons as representatives to be elected in the provincial constituency , and
the regional party lists, being the lists of at most twelve or twice as many
campaigning persons as representatives to be elected in the regional
constituencies of the provincial constituency, in the sequence order determined
by Arabic numbers of the respective application, and with the family and first
names, the year of birth, the occupation, and the address of each campaigning
person, subject to the condition that no campaigning person may appear on
several regional party lists;
3. the name
of the legal representative authorised to receive official mail (first and
family name, occupation, address)
(2) A campaigning person may only be
listed in the provincial election proposal if he has given his written consent.
The declaration shall contain the name of the campaigning person as contained
in the respective party list of the election proposal.
(3) The provincial electoral authority
shall submit copies of the provincial election proposals received without delay
to the federal electoral authority and the other provincial authorities.
Subsequent modifications, which were taken into account in the provincial
election proposals made public according to § 49, shall be reported accordingly
to the federal electoral authority and the other provincial electoral
authorities without delay.
(4) The campaigning parties shall pay
to the Federal Republic a contribution for the costs of the production of the
official ballot for the regional constituencies of the provincial constituency
amounting to 435 Euros. This contribution shall be paid in cash to the
provincial electoral authority at the time of the submission of the election
proposal (al. 1). If the contribution for the costs is not paid, the election
proposal is deemed as not submitted.
Distinctive party names and abbreviations
in the provincial election proposals
§ 44. (1) If several provincial election proposals
bear the same or hardly distinctive party names or abbreviations respectively,
the provincial polling officer shall summon the representatives of these
election proposals to a joint meeting and attempt to reach mutual consent on
the distinction of the party name and abbreviation respectively. If no mutual
consent can be reached, the provincial electoral authority shall keep party
names, which have already been contained in election proposals made public in
National Council elections within the last ten years, and name the other
provincial election proposals according to the person campaigning proposed in
the first position. The same applies to abbreviations subject to the proviso that
the provincial electoral authority shall delete the abbreviations on the other
provincial election proposals.
(2) Correspondingly, provincial
election proposals without an explicit party name shall be named after the
person campaigning proposed in the first place.
(3) If a provincial election proposal
is to be named after the person campaigning proposed in the first position
(name list), but the name of the leader of the list resembles the name of the
leader of another provincial party list, or is hardly distinctive from it, the
provincial polling officer shall summon the representative of this election
proposal to a meeting and request him to name another leader of the list, whose
name does not give rise to confusion. If in such case no other leader of the
list is named, the provincial election proposal is deemed as not submitted.
(4) Anyhow it is a principle that in
case new parties join the campaign preference is given to the party name of
that campaigning party that submitted its provincial electoral proposal
earlier.
Provincial election proposal without representative
authorised to receive official mail
§ 45. (1) If a provincial election proposal does not
name an authorised recipient, the respective person campaigning in the first
position of the provincial election proposal is taken as representative of the
party authorised to receive official mail.
(2) The party can replace the
authorised recipient any time by another representative. Such declarations to
be addressed to the provincial electoral authority only require the signature
of the former representative. If this person does not agree or is no longer in
the position to represent the party according to the opinion of the provincial
electoral authority, the declaration shall be signed by at least half of the
persons campaigning mentioned on the provincial election proposal, who can
still represent the party at the time of the declaration according to the
opinion of the provincial electoral authority. If these signatures cannot be
submitted, the signature of one person campaigning on the provincial election
proposal, who can represent the party according to the opinion of the
provincial electoral authority, is sufficient.
Examination of the provincial election proposals
§ 46. (1) The provincial electoral authority shall
examine without delay whether the submitted provincial election proposals are
signed by at least three members of the National Council or are supported by
the required number of persons having the right to vote of the provincial
constituency according to § 42 al. 2, and whether the persons campaigning,
proposed in the provincial party lists and regional party lists, are eligible.
If one person having the right to vote supported several provincial election
proposals, the provincial electoral authority shall accept as valid his support
for the provincial election proposal which was first submitted. The support for
the other provincial election proposals shall be deemed as not submitted.
(2) A withdrawal of certain declarations
of support after submission of the provincial election proposal shall not be
accepted by the provincial electoral authority, unless the supporter is able to
show to the provincial electoral authority that he was motivated to support the
election proposal by a significant mistake or by wilful deceit or menace, and
the withdrawal of the declaration of support was effected on the thirty-fourth
day before the day of election at the latest.
(3) If a provincial election proposal
lacks the required number of declarations of support (§ 42 al. 2) or, with the
exception of the regional party lists, does not correspond with the
preconditions required in § 43 al. 1, it shall be rejected by the provincial
electoral authority on the twenty-fourth day before the day of election at the
latest. Regional party lists not corresponding with these preconditions shall
be deemed as not submitted and are to be excluded from the public announcement
according to § 49 al. 1. Persons campaigning who are not eligible or whose
written declarations (§ 43 al. 2) were not received, shall be deleted from the
election proposal. The representative of the party named authorised recipient
shall be notified thereof.
Complementary proposals
§ 47. If a person campaigning renounces his campaign,
dies, loses his eligibility, is deleted due to lack of eligibility or of a
written declaration (§ 43 al. 2), the party may complement their respective
provincial party list or regional party list by naming of another person
campaigning or bringing the missing declaration later. Complementary proposals
for party lists, which only require the signature of the party representative
named authorised recipient, and the declaration shall, however, be submitted to
the provincial electoral authority on the thirty-fourth day before the day of
election at 17:00 hours at the latest.
Provincial election proposals with the same persons campaigning
§ 48. (1) If several provincial election proposals in
the same provincial constituency bear the name of the same person campaigning,
the provincial electoral authority shall request this person to state within
eight days, which of the election proposals he opts for, however, on the
thirty-fourth day before the day of election at the latest. He shall be deleted
from all other provincial election proposals. If he does not give notice within
the period provided, he shall be kept on that provincial election proposal
bearing his name, which was first submitted.
(2) If provincial election proposals
bear the name of the same person campaigning in two or more provincial
constituencies, mutual consent shall be reached between the respective
provincial electoral authorities and al. 1 be applied accordingly. If no mutual
consent can be reached, the federal electoral authority shall decide on the
matter. The decision made shall be notified by the federal electoral authority
to the respective provincial electoral authorities till the thirty-first day
before the day of election at the latest, and is binding on the provincial
electoral authorities.
Finalising and public announcement of the provincial election proposals
§ 49. (1) The provincial electoral authority shall
make final the election proposals on the thirty-first day before the day of
election at the latest. In case a provincial party list or regional party list
contains too many persons campaigning, these persons shall be deleted.
Subsequently the election proposals shall be made public.
(2) Faults in the election proposals
found after the public announcement do not affect the validity of these
election proposals.
(3) In the public announcement
according to al. 1 the sequence order of the parties being represented in the
previously elected National Council shall reflect the number of seats won by
the parties in the previous National Council election in the entire federal
territory. If the number of seats is equal, the sequence order is determined
according to the total of party votes ascertained in the previous National
Council election; if these are also equal the federal electoral authority shall
decide by means of lots to be drawn by its youngest member. The sequence order
so ascertained shall be notified by the federal electoral authority to the
provincial electoral authorities on the thirtieth day before the day of
election at the latest, and is binding on the provincial electoral authorities.
(4) Subsequent to the parties listed
according to al. 3 the other campaigning parties shall be listed, with their
sequence order being determined by the date of the submission of their election
proposal. In case election proposals were submitted simultaneously the
provincial electoral authority shall decide on the sequence order by means of
lots to be drawn by its youngest member.
(5) The words "list 1, 2, 3,
etc." shall be put in front of the distinctive party names according to
the current numbering. If a party being represented in the previously elected
National Council does not participate in the election campaign, the public
announcement shall only contain the list number, belonging to it according to
al. 3, and next to it the word "empty".
(6) The public announcement shall be
effected in the usual local manner. All list numbers and the contents of the
election proposal (§ 43 al. 1 items 1 to 3) shall be contained therein in full.
(7) The party names of all campaigning
parties including possible abbreviations shall be printed with black ink in
equally big letters into rectangular fields equally big for each campaigning
party. As for the abbreviations big black, uniform letters are to be used. In
front of each party name the word "list" and below that, in a bigger
size, the respective current number shall be added. With party names exceeding
three lines the size of the letters can be adjusted according to the space
available.
Withdrawal of the provincial election proposal and regional party lists
§ 50. (1) A campaigning party may withdraw its
provincial election proposal by means of a written statement. This statement
shall be submitted to the provincial electoral authority on the thirty-fourth
day before the day of election at 17:00 hours at the latest, and shall be
signed by the three members of the National Council or half of the persons,
having the right to vote, who previously supported the election proposal.
(2) A provincial election proposal is
also deemed as withdrawn if all campaigners on the provincial party list
personally renounce their election campaign in written form vis-à-vis the
provincial electoral authority till the thirty-fourth day before the day of
election.
(3) If all campaigners on a regional
party list so renounced their election campaign, only this regional party list
is deemed to have been withdrawn.
Reimbursement of the contribution for costs
§ 51. If a provincial election proposal is not made
public, the contribution for costs (§ 43 al. 4) shall be paid back.
PART
IV
Polling procedure
Section
1
Place and time of election
Community as place of election, Orders of the community electoral
authorities, and of the city council in
§ 52. (1) Each community is a place of election.
(2) Outside of Vienna the community
electoral authorities shall determine whether a community shall be partitioned
in precincts according to § 53. The community electoral authorities, and the city
council for Vienna, shall fix the precincts and determine, subject to the
following provisions, the respective polling stations, the zones of prohibition
provided for in § 58 al. 1, and the time of election. The precincts, polling
stations, zones of prohibition and the time of election shall be determined in
time on the fifth day before the day of election, except the special precincts.
(3) The orders made shall be publicly
announced by the community in the usual local manner, in any case, however, by posting
them at the building of the polling station, on the fifth day before the day of
election at the latest. In the public announcement reference shall also be made
to the prohibition on election campaigning, on assembly, and on carrying
weapons laid down in § 58, and reference shall be made that violations will be
prosecuted.
(4) The community electoral
authorities, and the city council in Vienna, shall, when fixing the special
precincts, simultaneously determine the number of special electoral authorities
to be established according to § 73. This order shall be publicly announced
immediately in the usual local manner.
(5) Subject to facilities opportunities
each community, and each district in Vienna, shall provide for establishing at
least one polling station easily accessible for handicapped people. For blind
voters and such persons with heavy visual defects appropriate guiding systems
shall be provided subject to technical opportunities.
(6) The orders made by the community
electoral authority shall be reported without delay to the district electoral
authority.
Precincts
§ 53. (1) In order to facilitate the election larger
communities shall be partitioned in precincts, which shall be organised in such
a way that, on the day of election, an average number of at most seventy voters
per hour must be handled.
(2) Communities with areas of residence
very distant from each other (strayed residences) may also be partitioned in
precincts in order to facilitate for the voters the way to the polling station.
(3) The establishment of precincts with
less than 30 voters requires the consent of the provincial electoral authority,
which shall only be granted if the electoral privacy is safeguarded.
Polling stations
§ 54. The polling station shall be suitable for the carrying
out of the act of voting. The furniture necessary for the carrying out of the
election, such as the table for the electoral authority and next to it a table
for the election witnesses, the ballot box, and the necessary amount of duly
equipped voting booths, shall be provided by the community. Equally shall be
taken care that, if possible, a waiting lounge shall be available for the
voters in the building of the polling station.
Polling stations outside of a precinct ,
Common polling stations for several precincts
§ 55. In communities being partitioned in precincts
one polling station shall, as a principle, be established within each precinct.
However, the polling station may be moved to a building outside of the precinct
if this building can be reached by the electorate without major difficulties.
In such communities a common polling station may also be established if the
station provides enough space for the accommodation of the electoral
authorities and for the simultaneous carrying out of several acts of voting,
and has appropriate waiting lounges for the voters.
Polling stations for voters with electoral card
§ 56. (1) In larger communities, being partitioned in
precincts the community electoral authority shall determine at least one
polling station where the voters with electoral cards have to cast the ballot.
In Vienna at least one polling station for voters with electoral cards shall be
established in each community district. If polling stations are determined for
voters with electoral cards, these voters may only exercise their right to vote
in the polling stations determined for voters with electoral cards. Moreover,
voters without electoral cards shall also be admitted if the preconditions of §
37 al. 1 are met. However, members of the electoral authorities and their
auxiliary personnel, and the election witnesses retain the right to vote also
before the electoral authorities where they perform their duties, provided they
have electoral cards.
(2) The regulations of al. 1 do not
affect the provisions of §§ 72 and 73.
Voting booth
§ 57. (1) In each polling station there shall be at
least one voting booth. In order to achieve a faster handling of the voters,
several voting booths may be set up with regard to one electoral authority if
the supervision of the act of voting by the electoral authority is not
jeopardised. In case of precincts with more than 500 persons having the right
to vote at least two voting booths shall be set up in the polling station.
(2) The voting booth shall be set up in
such a way that the voter can fill out the ballot and put it into the voting
envelope without being viewed by any other person being present in the polling
station.
(3) If solid booths, specially made for
this purpose, are not available, it is sufficient for a voting booth to prevent
the viewing of the voter in the voting booth by any sort of separation device.
Therefore, the voting booth can be made, in particular, of simple wooden
frameworks covered with non-transparent paper or cloth, by fixing curtains in a
corner of the room, by putting together larger cases, by the appropriate
arrangement of blackboards. If possible, it shall be set up in such a way that
the voter can enter the booth on one side and leave it on the other side.
(4) The voting booth shall be equipped
with a table and a chair or with a high desk, and a writing pad, and with the
necessary material for filling out the ballot (coloured pencil, if possible).
Moreover, the provincial party lists made final and public by the provincial
electoral authority shall be posted in the voting booth on a visible spot.
(5) During the time of election
sufficient lighting shall be provided in the voting booth.
Zones of prohibition
§ 58. (1) In the building of the polling station and
in the surrounding area (zone of prohibition) to be determined by the community
electoral authority, and in Vienna by the city council, any kind of election
campaigning, in particular, by way of speeches to the voters, posting or
distributing of election pamphlets or of candidate lists, and, furthermore, any
assembly or carrying of weapons of all kind, is prohibited.
(2) The prohibition on carrying weapons
shall not include those weapons that have to be carried by officers of the
public security service or prison wardens according to their professional
regulations.
(3) Violations of the prohibitions laid
down in al. 1 will be punished by the district administrative authority with a
maximum fine of up-to 218 Euros, in case it cannot be collected, with a maximum
subsidiary term of imprisonment of two weeks.
Time of election
§ 59. The beginning and the duration of casting the
ballot (time of election) shall be fixed subject to § 52 al. 2 such as to
safeguard the exercise of the right to vote for all voters.
Casting the ballot abroad by persons having the right to vote
§ 60. (1) Voters who will, on the day of election,
presumably be abroad, may exercise their right to vote there in such a way
that, if they have an electoral card, they send the electoral card in time to
the address of the appropriate provincial electoral authority printed on the
electoral card, observing to the provisions of al. 2 to 6.
(2) In case the voter does not make use
of the possibility laid down in al. 1, the electoral card requires the
confirmation by a person comparable to an Austrian notary or an institution
authorised to make official certifications according to the law of the host
state respectively, or by the head of the Austrian official representation or
an official authorised by him for this purpose. The confirmation shall contain
the identity of the voter and the place and date (day and time) when he put the
sealed voting envelope back into the electoral card. The confirmation shall be
issued before the closing of the last polling station in Austria.
(3) If the persons entitled to vote are
members of a unit deployed abroad upon request for support by an international
organisation, this confirmation shall be issued by the officer in charge of the
unit or by a member of this unit authorised by him for this purpose.
(4) Furthermore, the confirmation may
be effected by an adult witness of Austrian nationality, having a valid
Austrian passport, of which document the dates of issue shall be noted on the
electoral card, otherwise the vote shall be invalid.
(5) Such ways of exercising one’s right
to vote that are not permitted in the respective country shall not be pursued.
(6) The electoral card together with
the unopened voting envelope therein shall be submitted to the appropriate provincial
electoral authority on the eighth day following the day of the election at
12:00 hours at the latest. Voting envelopes received late shall not be taken
into account for ascertaining the election results.
Section
2
Election witnesses
§ 61. (1) To each electoral authority in each polling
station two election witnesses can be sent by each party, whose provincial
election proposal was made public. The election witnesses shall be named to the
district electoral authority in written form by the party representative named
authorised recipient on the tenth day before the day of election at the latest;
each election witness shall obtain an entry certificate authorising him to
enter the polling station, which shall be presented to the electoral authority
upon entering the polling station.
(2) The election witnesses shall merely
be persons of trust for the campaigning parties; no further influence on the
course of the act of voting shall be permitted. The election witnesses shall
not be bound by any obligation to keep secret information learned from their
work.
Section
3
Acts of voting within
Organisation of the election, Official power of the polling officer
§ 62. (1) Irrespective of the provisions in § 60, the
organisation of the election shall be the responsibility of the community
electoral authorities, and the precinct electoral authorities for communities
being partitioned in precincts.
(2) The polling officer shall take care
of the maintenance of public order during the act of voting and ensure the observance
of the provisions of this federal law. He shall not allow the electoral
authority to exceed its jurisdiction.
(3) Everyone shall strictly comply with
the orders of the polling officer. Failure to comply with the orders shall
constitute an administrative offence and will be punished by the district
administrative authority with a maximum fine of up-to 218 Euros, in case it
cannot be collected, with a maximum subsidiary term of imprisonment of two
weeks.
Beginning of the act of voting
§ 63. (1) On the day of election at the fixed hour
and in the polling station determined for this purpose the act of voting shall
be commenced by the polling officer submitting to the electoral authority the
electoral list together with the prepared ballot register (specimen Schedule
5), the voting envelopes, and the official ballot papers (§§ 75, 76), and
reading out the provisions of §§ 17 and 18 on the quorum of the electoral
authority. The polling officer shall notify the electoral authority of the
number of official ballots (§§ 75, 76) delivered upon confirming the receipt (§
75 al. 3), examine this number before the electoral authority, and take down
the result in a written report.
(2) Immediately before the beginning of
casting the ballots the electoral authority shall make sure that the ballot box
reserved for the casting of ballots is empty. is empty.
(3) Casting the ballot begins with the
members of the electoral authority, their possible auxiliary personnel, the
persons of trust and the election witnesses casting their votes. If they are
registered in the electoral list of another precinct, they can exercise their
right to vote before the electoral authority where they perform their duties
only by means of an electoral card. Moreover, the provisions of §§ 68 and 70
shall be applicable for voting by electoral card voters.
Voting envelopes
§ 64. (1) Voters shall be given non-transparent voting
envelopes.
(2) The writing of words, remarks or
signs on the voting envelopes is prohibited. Violations of this prohibition
shall be punished by the district administrative authority with a maximum fine
of up-to 218 Euros, in case it cannot be collected, with a maximum subsidiary
term of imprisonment of two weeks, provided that this act does not constitute
an offence to be punished more severely.
Entering the polling station
§ 65. (1) Apart from the electoral authority, only
their auxiliary personnel, the election witnesses, the voters for the purpose
of casting the ballot, and, if applicable, the officials necessary for the
maintenance of public order and security may be admitted to the polling
station. After casting the ballot the voters shall immediately leave the
polling station.
(2) If it appears necessary for the undisturbed
carrying out of the election, the polling officer may order that the voters be
admitted to the polling station only one after another.
Personal exercise of the right to vote
§ 66. (1) The right to vote shall be exercised
personally; the blind or persons with heavy visual defects shall be provided by
the electoral authority with a stencil as an aid to enable their exercising the
vote themselves. Physically or mentally handicapped voters may have a person at
their side to guide and help them with the act of voting, to be chosen by
themselves and confirmed vis-à-vis the polling officer. Apart from these cases
the voting booth may only be entered by one person at a time.
(2) Persons shall be deemed physically
or mentally handicapped who cannot be required to fill out the official ballot
paper without the aid of another person.
(3) In doubtful cases the electoral
authority shall decide on the admissibility of an assisting person. Any casting
of ballot with the aid of an assisting person shall be laid down in a note.
(4) Anyone who falsely pretends to be
blind, heavily visually handicapped or physically handicapped commits an
administrative offence and will be punished by the district administrative
authority with a maximum fine of up-to 218 Euros, in case it cannot be
retrieved, with a maximum subsidiary term of imprisonment of two weeks.
(5) § 72 contains specific provisions
on the exercise of the right to vote for persons being cared for in nursery
homes.
Identification
§ 67. (1) Every voter appearing before the electoral
authority shall provide his name, his address of residence, and a document or
other official paper that proves his identity beyond doubt.
(2) Documents or other official papers
to be accepted for confirmation of the identity are in particular: personal ID
cards, passports and driving licences, and furthermore all official ID cards
with a personal photograph.
(3) If the voter does not have a
document or official paper of the kind described in al. 2, he shall be still
admitted to casting the ballot, given that he is personally known to the
majority of the members of the electoral authority and no objection according
to § 71 al. 1 is raised. This incidence shall be expressly mentioned in the
notes on the act of voting.
Casting the ballot
§ 68. (1) The voter shall first prove his identity
(§§ 67 and 70 al. 1). If he is registered in the electoral list, the polling
officer shall give him the empty voting envelope and the official ballot paper.
In case of a voter with an electoral card the polling officer shall, after the
opening of the envelope (§ 39 al. 3) to be delivered to him by this person,
return the official ballot paper lying inside together with the voting envelope
ready to be sealed. In case of a voter with an electoral card from the own
regional constituency the polling officer shall hand out the empty voting
envelope instead of the voting envelope ready to be sealed. The polling officer
shall destroy the voting envelope ready to be sealed. The polling officer shall
instruct every voter with an electoral card to use the ballot paper already
handed out at the issue of the electoral card. If, however, a voter with an
electoral card does no longer have this ballot paper, he shall be given a
ballot paper of the regional constituency (§ 75), provided that his electoral
card bears the name of that regional constituency wherein which the place of
election is situated, if, however, he is a voter with an electoral card from
another regional constituency, he shall be given a blank official ballot paper
(§ 76). The polling officer shall write on the blank official ballot paper,
before giving it to the voter, the number of the provincial constituency and
the letter of the regional constituency, being indicated on the electoral card.
If a voter with an electoral card does no longer have the voting envelope ready
to be sealed, he shall be given a new voting envelope ready to be sealed of his
provincial constituency.
(2) The polling officer shall instruct
the voter to go into the voting booth. There the voter shall fill out the
official ballot, put it into the envelope, leave the voting booth and hand over
the envelope to the polling officer. This person shall put the unopened
envelope into the ballot box. In case the voting envelope is from a voter with
an electoral card, who is not registered in a community of the regional
constituency as entitled to vote, this person shall seal the voting envelope
before giving it to the polling officer. The polling officer shall put the
voting envelopes of these voters with electoral cards into a special box. The
assessor marking the names of the voters in the electoral list (§ 69 al. 1)
shall take care that the polling officer does not mistakenly put voting
envelopes, given to him by voters with electoral cards of other regional
constituencies, into the general ballot box.
(3) If the voter makes a mistake in
filling out the official ballot, he shall be given another ballot paper at his
request; al. 1 shall be applied accordingly. The voter shall invalidate in
front of the electoral authority the official ballot, first given to him, by
means of tearing, and take it with him for the purpose of maintaining the
electoral privacy.
(4) In any case, the issue of another
official ballot shall be noted in the ballot register.
Notes in the ballot register and in the electoral list
by the electoral authority
§ 69. (1) The name of the voter having cast his
ballot shall be entered in the ballot register under the current number and
with noting the current number of the electoral list. Simultaneously his name
shall be marked in the electoral list by a second assessor.
(2) The current number in the ballot
register shall be noted by the second assessor in the column "Ballot
cast" of the electoral list in the corresponding area (male, female person
entitled to vote).
Procedure with electoral card voters
§ 70. (1) Voters, who have been issued an electoral
card, shall present, in addition to the electoral card, a document or official
paper mentioned in § 67 al. 2, from which the identity of the person described
on the electoral card can be seen. The names of voters with electoral cards
shall be entered at the end of the electoral list under the current number and
included in the notes on the course of the election, unless they are voters
with electoral cards according to al. 2. The electoral card shall be taken from
the voter, marked with the current number of the electoral list, and attached
to the notes. If a polling station was exclusively reserved for voters with
electoral cards, the current number of the ballot register shall be noted on
the electoral card.
(2) If a voter with electoral card
appears before the appropriate electoral authority according to his initial
entry in the electoral list in order to exercise his right to vote, he shall
cast his ballot, after handing over the electoral card to the electoral
authority, by using the voting envelope, already issued to him together with
the electoral card, and in compliance with the other provisions of this federal
law.
Casting the ballot in case of doubtful identity of the voter
§ 71. (1) The electoral authority shall only decide
on the admissibility of casting the ballot if the identity of the voter ready
to cast the ballot appears to be doubtful. The members of the electoral authority
and the election witnesses and, if applicable, voters being present in the
polling station, can only object against the admissibility of casting the
ballot for this reason as long as the person, whose right to vote is doubted,
has not cast the ballot.
(2) The decision of the electoral
authority shall be made before continuing the act of voting. It shall be final.
Section
4
Special facilitation for the exercise of the right to vote
Exercise of the right to vote by persons being cared
for in convalescence and nursery homes
§ 72. (1) With a view to facilitating the exercise of
the right to vote for persons being cared for and accommodated in public or
private convalescence and nursery homes, the community electoral authority and
the city council in Vienna can establish one or more special precincts for the
local area of the institution building. The provisions of §§ 52 to 54 shall be
observed accordingly.
(2) If precincts are established
according to al. 1, the patients who are able to walk shall exercise their
right to vote in the polling stations of the appropriate precinct electoral
authority according to al. 1. The same applies to patients being able to walk
who cast their vote by means of electoral card.
(3) The appropriate precinct electoral
authority according to al. 1, together with their auxiliary personnel and the
election witnesses, can also go to the bedrooms of the bedridden patients in
order to collect their votes. In such case it shall be ensured by appropriate
equipment (for instance by setting up of a folding screen and the like) that
the patient is able to fill out his ballot and put it into the voting envelope,
to be given to him by the polling officer, unviewed by all other people present
in the bedroom.
(4) Moreover, when exercising the right
to vote according to al. 2 and 3 the provisions of this federal law, in
particular those of §§ 39 and 40, and 68 and 70 on the participation in the
election and the exercise of the right to vote by means of electoral card,
shall be applied accordingly.
Exercising the vote by voters with electoral cards being bedridden or
restricted in their personal liberty
§ 73. (1) With a view to facilitating the exercise of
the right to vote for persons entitled to vote, who have an electoral card
because of an application according to § 38 al. 2, the community electoral
authorities, and the city council in Vienna, shall establish special electoral
authorities on the second day before the day of election at the latest, where
these persons shall go to during the fixed time of election. The provisions of
§§ 52 and 54 shall be applied accordingly.
(2) The provisions of § 72 al. 3 and 4
shall be applied accordingly to the exercise of the right to vote before the
special electoral authorities.
(3) The examination of the ballots by
the special electoral authorities shall only consist of the report provided in
§ 84 al. 2. The voting envelopes of voters with electoral cards from other
regional constituencies according to § 38 al. 2 shall be counted separately and
be delivered separately to the electoral authorities taking action according to
al. 4. Regarding the report of the special electoral authorities § 85 al. 2
lit. a to h, al. 3 lit. a to d and g, and al. 4 are to be applied accordingly.
(4) The community electoral
authorities, and the city council in Vienna, shall determine that electoral
authority, which has to state the election results of the special electoral
authorities, taking into account the maintenance of the secrecy of the ballot.
This electoral authority shall then indistinguishably include in the
ascertainment of their own election results the received unopened voting
envelopes of voters of the regional constituency being bedridden or restricted
in their personal liberty; voting envelopes of voters of other regional
constituencies being bedridden or restricted in their personal liberty shall be
dealt with according to §§ 84 al. 3 and 85 al. 3 lit. h. The election files
including the written reports of the special electoral authorities shall be
immediately delivered by those authorities to the electoral authority making
the ascertainment, and shall constitute a part of its electoral files.
Exercising the right to vote by persons entitled to vote
being restricted in their personal liberty
§ 74. With a view to facilitating the exercise of the
right to vote for persons in custody of the courts, prisons, in institutions
for special treatment, or detained in arrest rooms, the community electoral
authority, and the city council in Vienna, shall establish for the local area
of detention one or more special precincts. Moreover, the provisions for the
exercise of the right to vote for patients cared for in convalescence and
nursery homes (§ 72) shall be applied accordingly.
Section
5
Official ballot
Official ballot for the provincial constituency
§ 75. (1) The official ballots for the regional
constituencies of the provincial constituency shall have an equally big column
for each campaigning party. It shall contain the list number, a circle, the
party name including, if applicable, the abbreviation, thereunder free space
each for the entry of a person campaigning on the provincial party list of the
party voted for, and lists of campaigners in the sequence order of the regional
party lists with circles and Arabic numbers, stating family and first name and
the year of birth, and furthermore the information provided in the specimen in
Schedule 6, while taking into account the public announcement effected
according to § 49. Likewise, ballot stencils (§ 66 al. 1) shall be produced.
The official ballots and the ballot stencils may only be produced upon order of
the provincial electoral authority.
(2) The size of the official ballot of
the provincial constituency shall correspond to the total of list numbers to be
taken into consideration in the provincial constituency, and to the number of
regional campaigners of the party. The size shall at least correspond to the
format DIN A3. For all party names the same size of rectangulars and print
letters and for the abbreviations the biggest uniform print letters possible
shall be used. In case the party name exceeds three lines the size of the print
letters may be adapted to the available space. The word "list" shall
be printed small; for the list numbers bigger uniform numbers can be used. The
colour of all prints shall be exclusively black. The separation lines of the
rectangulars and the circles shall be equally bold.
(3) The official ballots of the
provincial constituency shall be delivered by the provincial electoral
authority directly to the precinct electoral authorities in Vienna, to the
community and precinct electoral authorities outside of Vienna through the
channels of the district administrative authority and the communities, and in
case of cities with self-government through their channels, according to the
final figure of the electorate within the jurisdiction of the electoral
authority plus an additional amount of 15%. A further amount of 5% shall be
provided to the district administrative authorities for a possible further
demand of the electoral authorities on the day of election. The official
ballots of the provincial constituencies shall in each case be issued against a
twofold confirmation of receipt; one copy is for the deliverer, the other copy
is for the recipient.
(4) The costs of production for the
official ballots and the ballot stencils (§ 66 al. 1) shall be borne by
the Federation.
Blank official ballot
§ 76. (1) The blank official ballot shall have two
columns, where the voter can enter the party name (abbreviation) and one person
each campaigning on the provincial party list and the regional party list of
the party voted for, and the information provided in the specimen in Schedule
7. The blank official ballot may only be issued upon order of the federal
electoral authority.
(2) The size of the blank official
ballot shall approximately correspond to the format DIN A5.
(3) The blank official ballots shall be
delivered in the required number by the federal electoral authority to the
community and precinct electoral authorities through the channels of the
district administrative authorities and communities, and in case of cities with
self-government through their channels. § 75 al. 3 last sentence shall apply
accordingly.
Common provisions for the official ballot
§ 77. (1) Only the official ballot handed over to the
voter by the polling officer together with the voting envelope may be used for
casting the vote.
(2) Anyone not being authorised, who
orders, produces, deals with or distributes official ballots or ballots equal
or similar to the official ballots, commits an administrative offence and will
be punished by the district administrative authority with a maximum fine of 218
Euros or, in case it cannot be retrieved, with a maximum subsidiary term of
imprisonment of two weeks, if this does not amount to an act to be punished
more severely. Official ballots produced without authorisation or similar
ballots or resembling such ones may be declared forfeited irrespective of the
owner.
(3) The penalty according to al. 2 is
also applicable to anyone not being authorised, who marks official ballots
designed to be issued for the election in any way.
Section
6
Validity and invalidity of the official ballot
Valid filling out
§ 78. (1) A filled out official ballot of the
provincial constituency shall be valid if it is unequivocally ascertainable
which party the voter intended to vote for. This shall be the case if the voter
makes a cross or other sign with ink, coloured pencil, pencil, or the like, in
one of the circles printed below each party name so as to make it clear that he
intends to vote for the party listed in the same column.
(2) The filled out ballot shall also be
valid if the intention of the voter is otherwise unequivocally clear, for
instance, by ticking, underlining, other similar marking of a campaigning
party, by deleting the other campaigning parties, or by naming at least one
person campaigning on a party list (§ 79).
Casting preferential votes
§ 79. (1) The voter can cast one preferential vote
each for a person campaigning on the provincial party list and the regional
party list of the party voted for.
(2) For a person campaigning on the
provincial party list the voter can cast a preferential vote by entering the name
of this campaigner in the free space reserved for this purpose on the official
ballot. The entry is valid if it clearly shows which person campaigning of the
party voted for the voter intended to name. This shall be particularly the case
if the entry contains at least the family name of the person campaigning or, in
case of two campaigners of the same name on the provincial party list, an
appropriate feature of distinction (for instance, indication of the ordering
number on the provincial party list, first name, year of birth, occupation, or
address).
(3) For a regional campaigner the voter
can cast a preferential vote by making a cross or other sign with ink, coloured
pencil, pencil, or the like in the circle printed on the left of the name of
the regional campaigner on the official ballot so as to make it unequivocally
clear that he intends to cast a preferential vote for the regional campaigner
listed in the same line.
(4) The preferential vote for a
regional campaigner shall also be valid if the intention of the voter is
unequivocally clear otherwise, for instance by ticking, underlining, other
appropriate marking of the regional campaigner, or by deleting the other
regional campaigners.
(5) The name of a person campaigning
shall be deemed as not entered by the voter if several campaigners were
indicated or the campaigner on a party list other than the party voted for was
indicated.
Several ballots in one voting envelope
§ 80. (1) If a voting envelope contains several
official ballots, they shall count as one valid ballot, if
1. the same party was named by the
voter on all ballots, or
2. at least
one filled out ballot is valid and the notes on the other ballots leave no
doubt as to the party voted for, or
3. apart
from a filled out valid ballot, the other official ballots are either not
filled out or their validity is not impaired according to § 79 al. 5 and § 81
al. 3.
(2) Other non-official ballots, which
are found in the voting envelope together with a filled out valid ballot, shall
not impair the validity of the official ballot.
Invalid ballots
§ 81. (1) The ballot shall be invalid if
1. a ballot other than the official
ballot was used for casting the vote, or
2. the
ballot was impaired by a piece of it torn off in such a way that it is no
longer clear which party the voter intended to vote for, or
3. no party and no person campaigning
was indicated, or
4. two or more parties were indicated,
or
5. a list was indicated that only
contains a list number but no party name
(§ 49 al.
5), or
6. only a campaigner
was named, who is not campaigning for the party listed in the same column, or
7. it is not
clear from the signs made or other indications which party he intended to vote
for.
(2) Empty voting envelopes shall count
as invalid ballots. If a voting envelope contains several ballots bearing the
names of different parties, they shall count as an invalid ballot, if they are
not already invalid due to other reasons.
(3) Words, remarks, or signs that are
noted on the official ballots other than for the indication of the campaigning
party or for the naming of a person campaigning, shall not impair the validity
of the ballot, if thereby none of the abovementioned grounds for invalidity is
given. Attachments of all kind found in the voting envelope shall not impair
the validity of the official ballots.
Section 7
Validity and invalidity of the blank official
ballot
Valid filling out
§ 82. (1) The filled out blank official ballot shall
be valid if it is unequivocally clear which party the voter with an electoral
card intended to vote for. This shall be particularly the case if the voter
enters the party name or the abbreviation of a party, which was publicly
announced in the provincial constituency where he is registered in the
electoral list of a community.
(2) On the blank official ballot issued
to him the electoral card voter can cast one valid preferential vote each by
naming a campaigner on the regional party list and a campaigner on the
provincial party list of the party voted for.
(3) The provisions of §§ 78 to 80 shall
apply accordingly.
Invalid ballots
§ 83. (1) The blank official ballot is invalid if
1. it is not
unequivocally clear from the entry made by the voter which party the voter
intended to vote for, or
2. a party
was indicated, of which no provincial election proposal was made public in the
provincial constituency where the person entitled to vote is registered in the
electoral list of a community, or
3. no party and no person campaigning
was indicated, or
4. only a
campaigner was named, who is not campaigning for the party listed in the same
column, or
5. the
number of the provincial constituency and the letter of the regional
constituency (§ 68 al. 1 penultimate sentence) was not entered or is not
unequivocally clear.
(2) The provisions of § 81 al. 1
indents 1 and 2, and al. 2 and 3 shall apply accordingly.
Section 8
Ascertainment of the local election results
Examination of the ballots, Counting the votes
§ 84. (1) If the time fixed for the act of voting has
lapsed and all voters, who appeared before that in the polling station or in
the waiting lounge determined by the electoral authority, have cast their vote,
the electoral authority shall declare that the voting procedure is closed.
After closing the voting procedure the polling station shall be closed, in
which only the members of the electoral authority, their auxiliary personnel,
the persons of trust according to § 15 al. 4, and the election witnesses may
stay.
(2) The electoral authority shall first
ascertain how many official ballots were handed out in total, taking into
account the possible additional notes in the ballot register, and shall examine
whether this number taken together with the remaining rest not handed out makes
up the number of official ballots received before the act of voting.
(3) The electoral authority shall then
count and pack the voting envelopes of the electoral card voters of other
regional constituencies, being in a special box. The envelope shall be firmly
closed and marked with a seal. On the envelope the number of the unopened
voting envelopes contained therein shall be indicated. Subsequently the
electoral authority shall well shuffle the voting envelopes in the ballot box,
empty the ballot box, and ascertain:
(4) The electoral authority shall then
open the voting envelopes cast by the voters of other regional constituencies,
take out the ballots, examine their validity, mark the invalid ballots with the
current number, and ascertain:
(5) The ascertainment made according to
al. 4 and the number of voting envelopes cast by electoral card voters of other
regional constituencies shall immediately be authenticated in a report (§ 85)
and notified to the community electoral authority in the communities outside of
Vienna being partitioned in precincts, and to the district electoral authority
in the other communities and in Vienna, in the fastest way available (immediate
notification). If no votes were cast by electoral card voters of other regional
constituencies, this shall be expressly noted down.
Written report
§ 85. (1) The electoral authority shall then
authenticate the course of the election and the local election results in a
written report.
(2) The
report shall at least contain:
(3) To the
report shall be attached:
(4) The report shall then be signed by
the members of the electoral authority. If it is not signed by all members, the
reasons for it shall be indicated.
(5) With this being done the act of
voting shall be closed.
(6) The report together with its
attachments constitutes the electoral files of the electoral authority.
Putting together the precinct results outside of
§ 86. (1) In the communities outside of Vienna being
partitioned in precincts, the community electoral authorities shall put
together the results for the total area of the community, reported by the
precinct electoral authorities according to § 84 al. 5, and notify the district
electoral authority without delay in the fastest way available, possibly by
messengers (immediate notification).
(2) The precinct electoral authorities
in the communities described in al. 1 shall submit to the community electoral
authority the electoral files, sealed and, if possible, within a sealed envelope.
The community electoral authorities shall examine by way of re-calculating the
ascertainments made by the precinct electoral authorities according to § 84 al.
3 and 4 vis-à-vis the reports, and shall put them together for the total area
of the community, and authenticate them in a written report. For the written
report the provisions of § 85 al. 2 lit. a to e, h and i shall apply
accordingly. The report shall in particular contain the total results of the
election for the area of the community in the form laid down in § 84 al. 3 and
4.
(3) The electoral files of the precinct
electoral authorities shall be attached to the reports of the community
electoral authorities described in al. 1. These shall constitute the electoral
files of the community electoral authority in these communities.
(4) The written report shall be signed
by all members of the community electoral authority. If it is not signed by all
members, the reason for it shall be indicated.
Special measures in case of exceptional occurrences
§ 87. (1) If a situation occurs preventing the
beginning, the continuation, or the closing of the act of voting, the electoral
authority can prolong the act of voting or adjourn it to the following day.
(2) Any prolongation or adjournment
shall be immediately announced in the usual local manner.
(3) If casting the ballot had already
commenced, the electoral files and the ballot box with the voting envelopes and
ballots contained therein shall be sealed and properly safeguarded by the
electoral authority till the continuation of the act of voting.
Putting together the local election results
by the district electoral authority
§ 88. In the voting district the district electoral
authority shall put together the reported election results of the community
electoral authorities, and of the precinct electoral authorities in Vienna, and
shall notify the ascertainments so found to the provincial electoral authority
without delay in the fastest way available, if possible, by messengers
(immediate notification).
Submission of the electoral files of the community electoral
authorities,
and the precinct electoral authorities in Vienna,
to the district electoral authority
§ 89. (1) The electoral files of the community
electoral authorities, and the electoral files of the precinct electoral
authorities in Vienna, shall be submitted after the ascertainment of the local
election results without delay to the appropriate district electoral authority,
sealed and possibly by messengers in a sealed envelope.
(2) The community electoral
authorities, which cannot submit their electoral files to the district
electoral authority on the day of the election, shall in any case separately
forward without delay the voting envelopes cast by the electoral card voters of
other regional constituencies to the district electoral authority according to
the counting done in application of § 84 al. 3. They shall be immediately
submitted to the provincial electoral authority.
Ascertainment of the election results in the voting district
and submission of the electoral files to the provincial electoral
authority
§ 90. (1) As soon as all electoral files of the
community district authorities, and the precinct electoral authorities in
Vienna, have reached the district electoral authorities, these shall be put in
alphabetical order by the district electoral authority according to
communities, and according to precincts in Vienna, and shall be examined for
possible mistakes in the calculated results and, if necessary, be rectified.
Then the district electoral authority shall put together for the area of the
voting district the final local election results and note them in a written
report.
(2) Eventually the district electoral
authority shall for each community, and for each precinct in Vienna, ascertain
the preferential votes cast for each campaigner on the party lists of a
provincial election proposal made public in the provincial constituency on the
grounds of the submitted ballots according to § 91, and shall note them in
preferential vote lists for the area of the voting district.
(3) The written report according to al.
1 and the list of preferential votes according to al. 2 shall constitute
the electoral files of the district electoral authority. The electoral files of
the community electoral authorities, and the precinct electoral authorities in
Vienna, shall be attached to it and immediately submitted to the appropriate
provincial electoral authority, sealed, possibly in a sealed envelope.
(4) In cities with self-government the
precinct electoral authorities shall make their reports directly to the
district electoral authority. The electoral files shall also be directly
delivered by the precinct electoral authority to the district electoral
authority. The provisions of al. 1 to 3 and of §§ 86 to 89 shall be applied
accordingly subject to the proviso that the district electoral authority shall
be in charge of putting together the local election results and of the
ascertainment of the election results in the voting district.
Ascertainment of the preferential votes
§ 91. (1) Every person campaigning on the party list
of a provincial election proposal made public in the provincial constituency
shall get a preferential vote each time his name is indicated by the voter on
the official ballot (§§ 79, 82 al. 2).
(2) The total number of preferential
votes cast for a campaigner shall be ascertained, separated in provincial party
list and regional party list, by the district electoral authority for the area
of the voting district, and by the provincial electoral authority for the area
of the provincial constituency and all regional constituencies of the
provincial constituency.
PART
V
Ascertainment procedure
Section
1
Preliminary election result
Ascertainment of the number of voting envelopes delivered by electoral
card voters within Austria outside of the issuing regional constituency,
Report to the federal electoral authority
§ 92. As soon as each provincial electoral authority
has received all reports to be made according to § 88, it shall
immediately ascertain the total number of voting envelopes delivered within its
area by electoral card voters from outside of its regional constituency and
without delay communicate this figure to the federal electoral authority by the
fastest means of communication (immediate notification).
Preliminary ascertainment in the provincial constituency,
Report to the federal electoral authority
§ 93. (1) Thereupon the provincial electoral
authority shall ascertain the preliminary total of votes cast in the provincial
constituency on basis of the reports received by the district electoral
authorities as provided in § 88. The votes of electoral card voters registered
in a community of the provincial constituency as authorised to vote but who
have cast their vote outside of their regional constituency shall thereby not
be considered.
(2) The provincial electoral authority
shall immediately communicate to the federal electoral authority the
preliminary total of votes it ascertained according to para. 1 within its
constituency (immediate notification). The federal electoral authority shall be
informed of:
Handling of voting envelopes delivered by
electoral card voters within Austria.
Report to the federal electoral authority
§ 94. (1) As soon as the provincial electoral
authority has received all voting envelopes of electoral card voters sent by the
district electoral authorities in accordance with § 89 al. 2 and as soon as
after the notification according to § 88 it is certain that there will be no
more such voting envelopes arriving, the number of voting envelopes delivered
at the community and precinct electoral authorities within the area of the
regional electoral authority shall be ascertained for each provincial
constituency. The provincial electoral authority shall then sort out the voting
envelopes of electoral card voters of its own provincial constituency.
(2) The provincial electoral authority
shall notify the federal electoral authority immediately by the fastest means
about the results ascertained in accordance with al. 1 (immediate
notification). If a provincial constituency has not ascertained any such
results due to no votes having been cast by electoral card voters, the
respective notification shall also be made.
(3) Each provincial electoral authority
shall sort the voting envelopes delivered by electoral card voters residing in
other provincial constituencies by the eight other provincial constituencies
and authenticate the ascertainments according to al. 1 in a separate written
record. These written records shall be signed by the members of the provincial
electoral authority and sent to the respective provincial electoral authorities
by express registered letter in a sealed envelope together with the respective
voting envelopes. A copy of this record shall be kept by the provincial
electoral authority. Al. 2 second sentence applies accordingly.
Ascertainment of the preliminary election result
by the
federal electoral authority
§ 95. (1) On basis of the reports received by the
provincial electoral authorities according to § 93 al. 2 and § 94 al. 2 the
federal electoral authority shall at first ascertain in a preliminary manner
for each one of the forty three regional constituencies, the nine provincial
constituencies, and for the complete federal territory:
(2) On basis of the preliminary
election results the federal electoral authority shall then ascertain the seats
to be allotted in a preliminary manner to the respective parties by applying
the stipulations of §§ 96 al. 2, 97, 100, 101, as well as 107 accordingly.
Section
2
Ascertainments by the provincial electoral
authority
Authentic report of votes with election quotient
§ 96. (1) On basis of the election records received
according to § 90 al. 3 the provincial electoral authority shall verify the
election results of the constituencies ascertained by the district electoral
authorities for possible errors in the figures of the result, in case of
necessity effect the respective rectification and then finally ascertain the
preliminary results ascertained by the federal electoral authority for the
regional constituencies and the provincial constituency according to § 95 and
immediately notify the federal electoral authority of the result (immediate
notification). The voting envelopes sorted out according to § 94 al. 1 as well
as the voting envelopes received by the other provincial electoral authorities
according to § 94 al. 3 as well as the voting envelopes received from electoral
card voters from abroad, the latter ones in consideration of the provisions
concerning casting the vote abroad (§ 60), shall also be included after
measures have been taken to safeguard the principle of secret of the vote (e.g.
by thoroughly shuffling in a vessel).
(2) The total of valid votes cast for
the parties in the provincial constituency shall be divided by the number of
seats allotted to the provincial constituency. The resulting figure shall be
rounded to the next following whole number and shall be the election quotient.
The total of votes cast in the provincial constituency as well as the election
quotient shall be recorded in an authentic report on votes.
First ascertainment procedure
Definite result in the regional constituency
Allotment of seats to the parties
§ 97. Each party is allotted the number of seats
corresponding to the quotient between total of votes gained in the regional
constituency divided by the election quotient.
Allotment of seats to the regional candidates of the
regional party lists according to the preferential votes,
Listing of regional candidates not elected
§ 98. (1) The seats reserved to regional candidates of
a party according to § 97 shall be allotted according to the provisions of al.
3 and 4.
(2) For this purpose the provincial
electoral authority shall ascertain on basis of the authentic report on
preferential votes of the district electoral authorities (§ 90 al. 2) and
the ballots from the voting envelopes received according to §§ 60 al. 6 and 94
al. 3 and from the ballots sorted out according to § 94 al. 1 the total
number of preferential votes cast for each one of the regional candidates of
the party list elected in the regional constituencies of the provincial
constituency listed on the ballot. § 91 applies accordingly. The result shall
be recorded in an authentic report on preferential votes separately for each
regional constituency.
(3) The order of sequence for the
allotment of seats shall be that at first those regional candidates are to be
considered who have at least half as many preferential votes as compared with
the election quotient, or the sixth part of the preferential votes as this
party has obtained valid votes in the respective regional constituency. The
order of sequence of allotment of seats is determined by the order of sequence
of preferential votes of each regional candidate, beginning with the highest
total of preferential votes followed by the respective next lower total. In
case regional candidates would have equal right to be allotted a seat, the
sequence of the regional candidates indicated on the regional party list shall
govern.
(4) Seats of a party which on basis of
the preferential votes cannot be allotted at all or not fully to regional
candidates, shall be allotted to the regional candidates in the order of
sequence as they appear on the regional party list. In this connection regional
candidates who have already gained a seat on basis of preferential votes shall
not be taken into consideration.
(5) Regional candidates not elected
shall be taken into consideration in case a seat of their list shall be
vacated. In this case al. 3 and 4 shall be applied accordingly. In case the
list is depleted due to death or because of candidates being deleted
(§ 111 al. 4), further nominations shall be made in accordance with § 102
al.5.
Written
report on the first ascertainment procedure
§ 99. (1) The provincial electoral authority shall
record the result of the first ascertainment procedure in a written report.
(2) The report shall contain at least:
(3) The reports of the district,
community, and precinct electoral authorities as well as the authentic report
of votes, the authentic report of preferential votes for the regional
constituencies and the provincial election nominations published according to §
49 shall be added to the report. Together with its enclosures it shall
constitute the election records of the first ascertainment.
(4) The report shall be signed by the
members of the provincial electoral authority. If it is not signed by all
members, the reason for it shall be indicated.
Second
ascertainment procedure
Ascertainment and announcement of parties
participating in the second ascertainment procedure
§ 100. (1) Those parties having obtained a seat in at
least one of the regional constituencies or at least 4% of the valid votes cast
in the whole of the federal territory in the first ascertainment procedure
shall participate in the second ascertainment procedure.
(2) After having received all reports
of the provincial electoral authorities forwarded according to § 96 al. 1, the
federal electoral authority shall ascertain those parties which comply with the
conditions for participating in the second ascertainment procedure according to
al. 1.
(3) The facts determined in accordance
with al. 2 shall immediately be notified to all provincial electoral
authorities by the fastest possible means of communication (immediate
notification).
Definite result in the provincial constituency,
Allotment of seats to the parties
§ 101. The seats to be allotted in the provincial
constituency shall be distributed to the parties designated by the federal
electoral authority according to § 100 al. 3. The number of seats obtained by
each party shall be the quotient of their party total divided by the election
quotient, less such seats as may have been obtained in the first ascertainment
procedure.
Allotment of seats to the candidates of the provincial party lists
in accordance with the preferential votes,
Sequence of candidates not elected
§ 102. (1) The seats reserved to candidates of a
party according to § 101 shall be allotted according to the provisions of al. 3
and 4. In this case candidates who have already been allotted a seat in the
course of the first ascertainment procedure shall not be considered.
(2) For this purpose the provincial
electoral authority shall ascertain the total number of preferential votes cast
for each one of the candidates of the elected provincial party list in the
provincial constituency as indicated on the ballot, on basis of the authentic
reports on preferential votes of the district electoral authorities (§ 90 al.
2) and the ballots from the voting envelopes received according to §§ 60 al. 6
and 94 al. 3 as well as the ballots from the voting envelopes sorted out
according to § 94 al. 1. § 91 applies accordingly. The result of this
ascertainment shall be recorded in an authentic preferential votes report..
(3) The seats to be allotted shall
first be allotted in the order of sequence to those candidates who have
obtained a number of preferential votes at least equivalent to the election
quotient. The order of sequence for allotment of the seats depends in this case
on the order of sequence of the preferential vote totals of each candidate,
starting from the highest total followed by the respective following lower
totals. In case candidates would have equal right to be allotted a seat, the
sequence of the candidates indicated on the regional party list shall govern.
(4) Seats of a party which on basis of
the preferential votes cannot be allotted at all or not fully to candidates,
shall be allotted to the candidates in the order of sequence as they appear on
the provincial party list. In this connection candidates who have already
gained a seat on basis of preferential votes shall not be taken into
consideration.
(5) Candidates not elected shall be
considered in case a seat of their list will be vacated. For this purpose al. 3
and 4 shall be applied accordingly.
Written report on the second ascertainment procedure
§ 103. (1) The provincial electoral authority shall
record the result of the second ascertainment procedure in a written report.
(2) The report shall contain at least:
(3) The reports of the first
ascertainment procedure as well as the authentic report on preferential votes
of the provincial constituency shall be attached to the written report of the
provincial electoral authorities on the second ascertainment procedure.
Together with its attachments it constitutes the election records for the
second ascertainment procedure.
(4) The report shall be signed by the
members of the provincial electoral authority. If it is not signed by all
members, the reason for it shall be indicated..
Report to the federal electoral authority
§ 104. Thereupon the regional electoral authority shall
immediately notify the definite results of the regional constituencies to the
federal electoral authority in the form as defined by § 103 al. 2 lit. d and e
(immediate notification).
Announcement of the election results,
Forwarding of the election records
§ 105. (1) The provincial electoral authority shall
then announce the definite totals of the votes cast in the provincial
constituency and in the regional constituencies, the names of the provincial
party list candidates elected and not elected, as well as the number of seats
not allotted. The announcement shall be posted on the official bulletin board
of the Office of the Provincial Government. The announcement shall also contain
the date when it has been posted.
(2) The election records of the
provincial electoral authority shall then be forwarded immediately to the
federal electoral authority in a sealed package or by personal messenger.
Section
3
Duties of the federal electoral authority
Third ascertainment procedure
Introduction of the federal election proposals
§ 106. (1) Parties running for the election who have introduced
provincial election proposals are entitled to be allotted seats in the course
of the third ascertainment procedure only in case they have introduced a
federal election proposal and have not been excluded from being allotted seats
according to § 107 al. 2.
(2) The federal election proposal shall
be introduced to the federal electoral authority at the latest on the twentieth
day preceding the day of the election; it shall be co-signed by at least one
person who is listed as authorised recipient of the respective party in a
provincial election proposal of a provincial constituency. Persons who are
listed as candidates of the respective party in a provincial election proposal
of a provincial constituency may also be listed in the federal election proposal.
(3) The federal election proposal shall
contain:
(4) Immediately after receipt the
federal electoral authority shall examine the federal election proposals as to
their being in accordance with the provisions of al. 2 and 3. For this purpose
the federal polling officer shall proceed by applying § 42 al. 1 accordingly.
Federal election proposals not corresponding with these provisions shall be
considered as not having been introduced.
(5) Deadline for the federal electoral
authority to close the federal election proposals and announce them in the
official Austrian journal "Amtsblatt zur Wiener Zeitung" shall be the
sixteenth day before the day of the election.
Ascertainment and allotment of seats
§ 107. (1) At first the federal electoral authority
shall ascertain the total votes for each party for the complete federal
territory on basis of the written reports of the provincial electoral
authorities received according to § 105 al. 2.
(2) Parties who have not gained any
seat in any regional constituency of the federal territory and who have
obtained less than 4% of the total of valid votes cast are not entitled to
being allotted any seats in the third ascertainment procedure.
(3) The total of the 183 seats less those
seats obtained in the first and second ascertainment procedure by those
parties, which had not introduced any federal election proposal, shall be
allotted to the remaining parties in the third ascertainment procedure by use
of the election quotient to be calculated according to al. 4 and 5.
(4) The totals of the votes cast for
each party shall be written next to each other in the order of sequence
starting with the largest number; under each number its half shall be written,
followed by its third, its fourth, and its subsequent fractions.
(5) The election quotient shall be the
onehundredandeightythird largest figure in order of sequence of the figures
written when 183 seats are to be allotted, the onehundredandeightysecond
largest figure in the case of 182 seats to be allotted, the
onehundredandeightyfirst largest figure in the case of 181 seats and so forth.
(6) Each party gains as many seats as
often as the election quotient is contained in the total of votes cast for it.
If as a result of this calculation two or more parties should be entitled to be
allotted the same seat, the decision shall be made by drawing lots. If for one
of the parties the draw results in a total of seats according to al. 7, it
shall be allotted the respective seat. If this is the case for more than one
party, the lot shall be drawn among all of them.
(7) If the total of seats ascertained
for one particular party is less than the total of seats it gained in the first
and second allotment procedure, the further procedure shall be in accordance
with a situation where such party had not introduced any federal election
proposal and the allotment procedure shall be repeated according to al. 3 to 6.
(8) If the total of seats allotted to a
party in accordance with this procedure exceeds the total of seats gained by it
in the first and second ascertainment procedures, it shall be allotted as many
further seats as corresponds with this difference.
Allotment to the candidates, Written report, Announcement
§ 108. (1) The seats allotted in the third
ascertainment procedure (§ 107) shall be assigned to the candidates of the
various parties in the order of sequence as stated in the federal election
proposal. Candidates not elected are to be taken into consideration in case a
seat of their list in the federal election proposal shall be vacated. The order
of sequence of their nomination shall in this case be determined by the order
of sequence in the federal election proposal.
(2) The federal electoral authority
shall display the result of its third ascertainment procedure as follows:
(3) The result ascertained by the
federal electoral authority shall be recorded in a written report which shall
contain at least:
(4) The result ascertained shall be
announced immediately in the form stated in al. 2. The announcement shall be
posted at the official bulletin board of the Federal Ministry of the Interior.
The announcement shall also state the date when it has been posted.
Statements of candidates elected twice
§ 109. If a candidate has been elected on more than one
election proposals (provincial election proposals, federal election proposal),
he shall within 48 hours after the last announcement of the election result (§§
105 al. 1 and 108 al. 4), which resulted in his being elected twice, submit a
written statement to the federal electoral authority about his choice which
election proposal he is going to accept. If no statement of the candidate
elected twice is received within the above mentioned term, the federal
electoral authority shall decide. The electoral authorities affected by this
decision shall be notified of it.
Section
4
Objections against figures ascertained
§ 110. (1) The authorised recipient of any party is
free to raise an objection in writing with the federal electoral authority
against the figures ascertained by a provincial electoral authority within
three days after its announcement according to § 105 al. 1, against the figures
ascertained by the federal electoral authority within three days after its
announcement according to § 108.
(2) The appeals shall furnish
sufficient prima facie evidence why and to what extent the figures ascertained
by the provincial electoral authority or the federal electoral authority are
not in conformity with the provisions of this federal law. If such reasons are
not furnished, the appeal can be rejected without any further examination.
(3) In case of an appeal with
sufficient evidence the federal electoral authority shall re-examine the
election result on basis of the documents available. If these documents should
furnish any evidence of an incorrect result, the federal electoral authority
shall immediately rectify the respective result, revoke the announcements of
the provincial and of the federal electoral authority, and announce the correct
result.
(4) If the re-examination does not show
any reason for rectification of the results, the federal electoral authority
shall reject the appeal.
Section
5
Candidates not elected
Appeal, Refusal, Deletion
§ 111. (1) Candidates who have not been elected or who
have not accepted an election won by them as well as such candidates who have
accepted their seat but have resigned later, remain on the party list (regional
party list, provincial party list, federal party list) as long as they have not
expressly requested to be deleted from the party list (al. 4). If a Member of
the Federal Government, an Undersecretary of State or a Member of the European
Parliament delegated by the National Council resigns from his seat as a Member
of the National Council, a candidate not elected shall be nominated for this
seat from the respective party list. After retiring from the office or from the
European Parliament, in cases of art. 71 of the Federal Constitutional Law in
the wording of 1929 after having been relieved from the duty to continue the
administration, such candidates shall be re-offered the seat by the respective
electoral authority, unless they renounce within eight days to re-exercise their
office. In this way a candidate, who steps in on the seat of the temporarily
resigning Member of the National Council – however if another member who is a
candidate of the respective party list has declared before his appointment to
the respective electoral authority to be willing to step in on the seat of the
temporarily resigning Member, it will be he - shall again become a not elected
candidate of the respective party list, as long as he has not expressly
requested to be deleted from the list (al. 4). If there are several such
statements, the statement of the Member of the National Council, who was the
last one to submit it, shall be the valid one.
(2) Candidates of provincial election
proposals, who have not been elected, shall be appointed by the provincial
electoral authority, not elected candidates of federal election proposals by
the federal electoral authority. In this case the order of sequence of their
appointment for not elected regional candidates is determined according to § 98
al. 5, for not elected candidates of provincial party lists according to § 102
al. 5, and for not elected candidates of federal election proposals according
to the order of sequence in the federal party list. If a candidate to be
appointed in this manner had already been elected in a regional or provincial
constituency or on a federal election proposal, he shall be requested by the
electoral authority, intending to appoint him, to declare within eight days,
for which election proposal he will decide. If no such declaration is received
within this term, the electoral authority shall decide. The electoral
authorities concerned by the decision shall be informed of it. The name of the
definitely appointed candidate shall be announced in the usual official manner
and, in case of an appointment of a candidate of a provincial election
proposal, the federal electoral authority shall be informed immediately in
order to be able to issue an election certificate.
(3) If a candidate to be considered
nominated for a vacated seat refuses to be appointed, he still retains his
position on the party list.
(4) A candidate on a provincial
election proposal can at any time request the provincial electoral authority,
and a candidate on the federal election proposal can request the federal electoral
authority to delete him from the list. The electoral authority shall publicly
announce such a deletion.
Filling of seats in case of depletion
of election proposals
§ 112. (1) In case the provincial party list on the
provincial election proposal has been depleted due to cases of death or because
of deletion (§ 111 al. 4), the provincial electoral authority responsible for
such appointment shall request the authorised recipient of the party who had
introduced the provincial election proposal to notify within 14 days, which one
of the candidates to be considered and figuring on the other provincial
election proposals shall be appointed by the provincial electoral authority for
vacated seats when seats are vacated.
(2) In case of depletion of a federal
election proposal the provision of al. 1 shall be applied accordingly by the
federal electoral authority with the proviso that the authorised recipient of
the party shall complete the federal election proposal by naming further
candidates of the provincial constituencies who so far did not figure on the
federal election proposal.
Section
6
Election certificates
§ 113. After having been elected or appointed according
to § 111 each Member of the National Council is handed an election certificate
authorising him to enter the National Council.
PART
VI
Elections to the National Council
held simultaneously with other elections
§ 114. (1) It is permitted to hold elections to the
National Council simultaneously with another general election. For the holding of
an election to the National Council simultaneously with an election of the
Members to be delegated by Austria to the European Parliament § 82 of the
European Election Regulations – EER, BGBl (Federal Law Gazette) No. 117/1996
shall apply.
(2) For the holding of elections to the
National Council simultaneously with other general elections the following
provisions shall apply:
PART
VII
Special provisions for repeating the election procedure
Scope of application
§ 115. (1) The provisions of Part I to VI and VIII
shall be applied accordingly for the organisation of the complete or partial
repetition of the election procedure of a National Council election following a
decision of the Federal Constitutional Court unless otherwise specified in the
following.
(2) When repeating an election procedure,
the electoral authorities are bound by the actual facts stated and the legal
opinion of the
Call for
repetition of an election
§ 116. (1) Whenever the voting procedure of a National
Council election must be wholly or partially repeated, the federal government
shall immediately call by ordinance for a repetition of the election.
(2) The ordinance shall state the day
of the election as determined by the Federal Government by agreement with the
main committee of the National Council for a Sunday or another public holiday.
A qualifying date shall be only fixed in such cases of cancellation of the
election procedure when new electoral authorities must be nominated for the
repeated election, as well as in case the voters’ records must be re-compiled
or re-published. If this is not the case, the qualifying date for the repeated
election shall be considered to be the qualifying date of the election that had
been cancelled. The ordinance shall also state the constituencies in which the
voting shall take place.
(3) If the voting does not have to be
repeated in all constituencies, electoral card voters can still cast their vote
by electoral card anywhere in the federal territory as well as abroad in
accordance with the provisions of § 60.
Electorate and voters’ records;
Election precincts and electoral authorities
§ 117. Unless otherwise stipulated in §§ 115 al. 2 and
116 al. 2, the following provisions shall apply to a repeated election:
Issuing of electoral cards;
Electoral authorities for electoral card voters
§ 118. (1) Everybody who according to § 117 item 1 is
entitled to vote in the repeated election may claim to be issued an electoral
card. For the issuance of the electoral card and for voting with electoral
cards, the provisions of §§ 38 to 40, 56, 68, 70, and 72 shall apply
accordingly, with the proviso that for electoral card voters the electoral card
shall in addition to the official ballot contain an envelope with an imprint of
the number and name of the provincial constituency, the identification letter
and the name of the regional constituency as well as the address of the
provincial electoral authority where the electoral card has been issued.
(2) In constituencies where the election
has not been cancelled, electoral card voters shall cast their vote at the
community electoral authority and the precinct electoral authorities installed
for the cancelled election according to § 72, unless otherwise provided in al.
3. In the before-mentioned special election precincts outside of Vienna the
community electoral authority can also assume the function of the precinct
electoral authority.
(3) In larger communities subdivided in
precincts during the cancelled elections and where the election in the
constituency had not been cancelled, the community electoral authority, and in
the City of Vienna the "Magistrat" (municipal authority), shall
determine in due time, however at the latest by the fifth day before election
day, at which precinct electoral authority electoral card voters may cast their
vote.
(4) The community electoral
authorities, and in the City of Vienna the "Magistrat" authority,
shall determine in due time, however at the latest by the fifth day before
election day, the opening hours during which voters can cast their votes. The
opening hours and the polling stations for electoral card voters shall be
publicly posted at the latest by the fifth day before election day.
Voting by electoral card
§ 119. If an electoral card voter casts his vote at one
of the electoral authorities mentioned in § 118 al. 2, the balloting officer
shall hand to the electoral card voter the official ballot and also the ballot
envelope contained in the electoral card, and he shall draw the attention of the
electoral card voter to the provisions of § 68 to be complied with when casting
the vote. § 60 shall apply accordingly when the vote is cast abroad.
Sending of electoral card voters' ballots
§ 120. (1) In the constituencies where the election
procedure has not been cancelled, the precinct and community electoral
authorities shall record in a report the names of electoral card voters listed
in the voting list and the number of voting envelopes cast by electoral card
voters, classified by constituencies where the voting envelopes had been
issued. The voting envelopes of the electoral card voters shall remain unopened
and be attached to the written report. Together with the voting list and the
voting envelopes of the electoral card voters, the written report shall
constitute the election records of the local electoral authority.
(2) The precinct electoral authorities
located outside of Vienna as mentioned in al. 1 shall send the precinct
election file to the community electoral authority. The respective community
electoral authority shall separate the voting envelopes contained in the
precinct election records and in its own election records, classify them by
constituencies and authenticate in a written report the number of voting
envelopes cast for each constituency. The voting envelopes shall then be sent
unopened in a sealed envelope by registered express mail to the provincial
electoral authority where the voting envelopes had been issued, accompanied by
a letter stating the number of voting envelopes sent.
(3) The precinct electoral authorities
of Vienna in which the election procedure has not been cancelled shall send the
voting envelopes of electoral card voters in a sealed envelope to the
respective provincial electoral authorities according to al. 2. The envelopes
to be sent to the Vienna provincial electoral authority shall be addressed to
the City of Vienna "Magistrat", to the other provincial electoral
authorities by registered express mail.
(4) The above provisions shall apply
only in such cases when electoral card voters have cast their vote at one of
the local electoral authorities stated in al. 1 through 3. If for the complete
duration of the opening hours no ballot envelope has been cast by electoral
card voters, this fact shall be recorded in a written report.
(5) Voting envelopes by electoral card
voters resident abroad shall be handled at the provincial electoral authorities
by applying § 96 al. 1 accordingly.
(6) The provincial electoral
authorities where the election procedure has been cancelled shall at first
officially authenticate in a written report the number of voting envelopes
received by the local electoral authorities from electoral card voters resident
in other constituencies, classified by constituencies where the respective voting
envelopes had been issued. The voting envelopes of such electoral card voters
shall the be sent unopened in a sealed envelope by the fastest means of
transportation to the provincial electoral authority where the respective
voting envelopes had been issued, accompanied by a letter stating the number of
voting envelopes attached.
Count of electoral card voters’ votes
§ 121. (1) To the extent that this federal law provides
for a preliminary count and announcement of the votes cast for other
constituencies, the application of the respective provisions shall be waived in
the case of a repeated election only in certain constituencies.
(2) If an election shall be repeated
only in certain constituencies, the provincial electoral authorities shall on
basis of the voting envelopes received according to § 120 al. 2, 3, 5, and
6 ascertain the total of votes of electoral card voters only when ascertaining
their final result.
(3) Count of the electoral card voters’
votes may be finalized only as soon as it can be assumed that no further
electoral card voters’ voting envelopes (§ 120 al. 2, 3, 5, and 6) will be
received.
PART
VIII
Final provisions
Information in writing and immediate notifications
§ 122. (1) Unless otherwise provided in this federal
law, information in writing can also be sent by telegram, telex, by automation
supported data transmission or any other technically possible means, whatever
is available.
(2) The same applies to immediate
notifications whenever fastest transmission is guaranteed this way.
Deadlines
§ 123. (1) The commencement and the termination of a
term or period provided by this federal law shall not be impeded by Sundays or
other public holidays. The same applies to Saturdays and Good Friday. If a
deadline falls due on a Saturday, Sunday, or any other public holiday, the
authorities in charge of the respective election procedure shall provide for
being able to duly receive information of the measures due on such dates in
accordance with the respective provisions.
(2) Days of mail transit time shall be
included in the count of days for the deadline.
Costs of the election
§ 124. (1) Unless provided otherwise by this federal
law, the cost arising out of holding an election shall be borne by the
communities; anyhow the federal government shall reimburse them 100 % of the
cost of paper used for the election including the cost of printed forms, and
one third of the general costs, in both cases only against due proof and only
to the extent as they have not already been reimbursed in accordance with § 12
Voters' Records Act 1973.
(2) Eligible for reimbursement
according to al. 1 are costs which were indispensable for holding the election.
Not eligible for reimbursement are costs which would have arisen to the
community authorities also in case no election had been held. The reimbursement
of costs shall not be affected by a provincial or community election which may
be held at the same time.
(3) The community authorities, with the
exception of the City of Vienna, are entitled to claim such reimbursement of
cost within 60 days after election day from the Governor of the Province who
shall adopt the respective resolution in agreement with the respective
provincial finance authority.
(4) No appeal may be lodged against
this resolution.
(5) Claims of the City of Vienna for
reimbursement of cost shall be lodged within the term indicated in al. 3
directly with the Federal Minister of the Interior who shall decide in
agreement with the Federal Minister of Finance.
Exemption from fees
§ 125. All written documents resulting directly from
provisions of this federal law shall be exempt from any federal stamp fees and
administrative fees.
(Female forms of official titles)
§ 126. Whenever functions resulting from this federal
law are being assumed by female persons, the female form of the respective name
of the function may be used.
(Transitional provisions)
§ 127. (1) (Provision of Constitutional Law) As soon as
this federal law takes effect, § 62a of the National Council Election
Regulations 1971, BGBl. No. 391/1970, in the wording of Federal Law BGBl. No.
148/1990, shall cease to be effective.
(2) As soon as this federal law takes
effect, the other provisions of the National Council Election Regulations 1971,
BGBl. No. 391/1970, in the wording of the Federal Laws BGBl. No. 194/1971,
280/1973, 403/1977, 93/1979, 136/1983, 232/1984, 148/1990 and the Public
Announcement BGBl. No. 19/1988 shall cease to be effective, notwithstanding the
provisions of al. 3.
(3) A possible appointment of
candidates not elected to the National Council in the last elections held
before this federal law takes effect shall be dealt with by the electoral
authorities nominated according to the National Council Election Regulations
1971. They shall also be responsible for the duties of electoral authorities
according to the Voters' Records Act 1973, BGBl. No. 601/1973 in the wording of
the Federal Laws BGBl. No. 427/1985 and 148/1990 as long as the new electoral
authorities have not been constituted according to this federal law. For this
purpose the provisions of the National Council Election Regulations 1971 shall
apply to such electoral authorities.
(First announcement of the number of seats after taking effect)
§ 128. Immediately after this federal law takes effect,
the Federal Minister of the Interior shall, on basis of the final result of the
respective last Ordinary or Extraordinary Census, ascertain the number of seats
to be allotted to each constituency according to § 4 and announce the result in
the Federal Law Gazette. § 5 al. 2 shall be applied accordingly.
(Taking effect)
§ 129. (1) This federal law shall take effect on
(1a) § 24 al. 3 in the wording of the
Federal Law BGBl. I No. 30/1998 shall take effect on
(1b) The §§ 28 al. 4, 43 al. 4, 58 al.
3, 62 al. 3, 64 al. 2, 66 al. 4, and 77 al. 2 in the wording of the Federal Law
BGBl. I No. 98/2001 shall take effect on
(2) The implementation of this federal
law shall be the responsibility of the Federal Minister of the Interior, with
respect to § 22 in agreement with the Federal Minister of Justice, with respect
to § 60 in agreement with the Federal Minister of Foreign Affairs and the
Federal Minister of Defence, and with respect to § 124 in agreement with
the Federal Minister of Finance. The implementation of § 125 with respect
to stamp fees shall be the responsibility of the Federal Minister of Finance.
Ó Dr. Eric Agstner
Allgemein beeideter und gerichtlich
zertifizierter
Dolmetscher für die englische Sprache
A-1010 Wien, Tuchlauben 11
e-mail: advoag@vip.rdb.at
Tel. ++43 1 535 0838
I certify the exact conformity of the
following translation with the official text of the law with reference to my
oath.
Die genaue Übereinstimmung der
nachstehenden Übersetzung mit dem Offiziellen Gesetzestext bestätige ich unter
Berufung auf meinen Eid.
Wien am 29. April 2002