Home > 2.1.1 Electoral commissions > AUSTRIA - Federal Law on National Council Elections (Regulations on National Council Elections 1992 – NRWO)
 
 
 
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§ 90
 

The establishing of the election results in the respective electoral district and the handing in of the election files to the provincial elections authorities


(1) On the day after the election, 9 a.m., the district returning officer, under the observation of the assistants present, examines the voting cards received by way of postal voting according to § 60 by the election day, 5 p.m., and any voting cards accepted by the local elections authorities of their own regional constituency and forwarded to the district elections authority according to § 70, para 3, for the integrity of the seal and for the visibility of the data and the signature of the voter. After that, the district returning officer examines whether the declarations in lieu of an oath (§ 60, para 2) on the voting cards are present. Voting cards that do not meet those requirements must not be included in the determination of the results. Following that, the district returning officer opens the voting cards, takes out the beige ballot paper envelopes contained in them, which must be included, and puts them in a container provided for that purpose. Voting cards for which there is a ground for nullity as referred to in § 60, para 3, items 2 to 5, must also not be included in the determination of the results. Voting cards not to be included are to be enclosed in the election file and kept secure. The reasons for not including the voting cards are to be entered in a record. After the voting cards to be included have been thoroughly shuffled, the district elections authority has to open them, take out the official ballot papers, verify their validity, mark the invalid official ballot papers with consecutive numbers and establish for the votes cast by means of postal voting:


1. the total number of the valid and invalid votes cast;


2. the total number of the invalid votes cast;


3. the total number of the valid votes cast;


4. the valid votes cast for the individual parties (party totals).


(2) Following that, the district elections authority has to add the election results to the election results referred to in § 88, para 1, according to § 90, to report them to the competent provincial elections authority without delay as quickly as possible (immediate notification) and to enter them in a record. The results of the votes cast by means of postal voting are to be shown separately. After that, the district elections authority has to determine the preferential votes for each candidate on the party lists out of the votes cast by means of postal voting and enters them into preferential vote records.


(3) As soon as all election files from the municipal elections authorities and in Vienna all ward elections authorities have reached the district elections authorities, they have to be arranged by them alphabetically according to municipalities outside of Vienna and in Vienna according to wards. All calculations of the local election results are then to be checked for any possible mistakes. If any mistakes are found they have to be corrected.
Thereafter, the district elections authority is to add up the final election results for the whole electoral district and to put them down in the record of the election procedure.


(4) Finally, the district elections authority has to determine, according to § 91, the preferential votes for each candidate on the party lists of a provincial list of candidates published in the provincial constituency on the basis of the preferential vote records of the municipalities provided to it and on the basis of the preferential vote records referred to in para 2, last sentence, and enter them in preferential vote records for the area of the electoral district.


(5) The records referred to in paras 1, 2 and 3 and the preferential vote records referred to in para 4 constitute the election file of the district elections authority. The election files of the municipal elections authorities, in Vienna of the ward elections authorities, as well as the documents in which voters voting with voting card have been recorded according to § 60, para 4, are to be enclosed as schedules in a closed state, if possible in a sealed envelope, and submitted without delay to the competent provincial elections authority.


(6) In towns with an own charter, the ward elections authorities have to submit their reports directly to the district elections authority. The election files are also to be sent directly to the district elections authority by the ward elections authorities. Paras 3 to 5 as well as § 86 to § 89 are to be applied with the proviso that the adding up of the local election results and the establishing of the election results from the electoral district are the duty of the district elections authority.


(7) Upon request, the district returning officer is to hand to any election assistants present (§ 20a, para 1) a compilation of the results of the vote of the elections authority signed by him or her.


(8) On the fifteenth day after the election day, the district elections authority is to determine the number of late voting cards received by then and report it to the federal elections authority by way of the provincial elections authorities. Furthermore, the district elections authority has to ensure that the unopened voting cards are destroyed at the time when the results of the election have been established and become incontrovertible.