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§ 96
 

Vote record with election figure


(1) On the fourth day after the election day, having regard to § 78 to § 83, the provincial elections authority has to open the ballot paper envelopes separated according to § 94, para 1, and the ballot paper envelopes submitted by the other provincial elections authorities according to § 94, para 3, take out the ballot papers, verify their validity, mark the invalid ballot papers with consecutive numbers and establish: Upon reception of the voting cards sent by other provincial electoral authorities according to § 94 para 3, the provincial electoral authority at least has to register the data under the flap as registered in the panel „consecutive number in the electoral roll“, „municipality“ as well as „Austrian living abroad“. The registration by the barcode or QR-code contained on the voting card is permitted as well.


(2) On the fourth day after e-day, at 9 a.m. the head of the provincial electoral authority shall examine the integrity of the seal as well as the visibility of the data and the signature of the voter of the under the observation of the present assessors the voting cards which have been transmitted by the other provincial electoral authorities. Subsequently he shall verify whether affirmations in lieu of an oath (§60 para 2) have been furnished.
Voting cards, which are not fulling these conditions, may not be included in the determination of results. Afterwards, the head of the provincial election authorities shall open the voting cards and shall take out the beige ballot paper envelopes and puts them in a box prepared for this purpose. Voting cards affected by grounds of nullity as laid out in § 60 para 3 number 2 to 5 may also not be included in the determination of the result. The voting cards to be excluded from the determination of the result have to be attached to the election act and be kept under wraps.


(3) The pronvial election authority subsequently has to add to the box the paper ballot envelopes put aside from its own provincial electoral constituency pursuant to § 94 para 1 and the paper ballot envelopes sent by other provincial election authorities according to § 94 para 3.


(4) Hereafter, the provincial election authority has to open the paper ballot envelopes after mixing them thorougly, has to take out the ballot papers, and has to verify their validity in accordance to §§ 78 to 83, has to write a consecutive number on the invalid ballot paper and determine:


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);


5. the total number of invalid and assignable votes from ballot paper envelopes that did not contain an official ballot paper.


(2) After that, the provincial elections authority has to add up the determinations made according to para 1 and the reports submitted according to § 90, para 2, and report them to the federal elections authority without delay.


(3) On the basis of the election files submitted to it according to § 90, para 5, the provincial elections authority has to check whether there are any mistakes in the calculation of the election results for each electoral district made by the district elections authorities, correct such mistakes, where required, and finally determine the results provisionally established by the federal elections authority for the regional constituencies and the provincial constituency according to § 95, taking into account the results established according to para 1.


(4) The total number of valid votes cast for all parties in the provincial constituency is then to be divided by the number of seats to be distributed in the respective provincial constituency. The resulting number, which has to always be rounded to the higher number, is the election figure. The results of the vote in the provincial constituency as well as the election figure are to be entered into a vote record.