Home > 2.1.1 Electoral commissions > AUSTRIA - Federal Presidential Election Act
 
 
 
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Section 8
 

(1) The Federal Election Commission shall examine without delay whether the candidate nomination proposals received fulfil all legal requirements (Sections 6 and 7). Hereby the head of the Federal Election Board shall examine whether there are any reason according the Act on Acquittance 1972, to consider a candidate as not eligible (as outlined in Section 41 Para 1 NCEA)


(2) If the authorised service recipient is hindered in performing his duties, the deputies listed in the candidate nomination proposal shall serve as authorised service recipients in the order of their appointment.


(3) Candidate nomination proposals not submitted in time or proposals nominating an ineligible candidate shall be deemed as not having been submitted. In either case, the authorised service recipient shall be informed thereof. If a candidate nomination proposal is not supported by a sufficient number of declarations of endorsements or does not include the statement of the candidate that he agrees to be entered in the nomination proposal, the proposal shall be deemed as not having been submitted, if no solution is offered for these deficiencies within a three day deadline upon advising the authorised recipient of service thereof.


(4) Should a candidate die after the date mention in Section 7, paragraph 1, first sentence, the election shall be postponed. The new election date shall be fixed by the Federal Government in such a manner, that the election is held not earlier than six and no later than ten weeks after postponement. A new candidate nomination can only be proposed by the authorised service recipient of the nomination proposal having endorsed the late candidate, or by one of his substitutes. Any new candidate nomination proposal must also be endorsed by at least 6 000 persons entitled to vote. In this case, endorsements by voters who had endorsed the original nomination proposal are permitted. Section 1, paragraphs 1 and 2 shall be applied accordingly.


(5) If a candidate withdraws or loses eligibility, the authorised agent may amend the candidate nomination proposal by naming another candidate no later than on the thirty-fourth day before Election Day. A nomination proposal thus amended must also be endorsed by at least 6 000 persons entitled to vote. In this case, endorsements by voters who had endorsed the original nomination proposal are permitted. Section 7, paragraph 7, lit. 1 and 2, and paragraph 8 shall be applied accordingly.