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Article 141
 

(1) The Constitutional Court pronounces upon    


a)   challenges to the election of the Federal President and elections to the general representative bodies, the European Parliament and the constituent authorities (representative bodies) of statutory professional associations;    


b)   challenges to elections to a Land Government and to municipal authorities entrusted with executive power;


c)   application by a popular representative body for a loss of seat by one of its members; application by at least eleven members of the European Parliament from the Republic of Austria for a loss of seat by a member from the Republic of Austria;    


d)   application by a constituent authority (representative body) of a statutory professional association for a loss of seat by one of the members of such an authority;    


e)   the challenge to rulings whereby the loss of a seat in a general representative body, in a municipal authority entrusted with executive power or in a constituent authority (representative body) of a statutory professional association has been enunciated, in so far as laws of the Federation or Laender governing elections provide for declaration of a loss of seat by the ruling of an administrative authority, and after all stages of legal remedy have been exhausted. 


 


The challenge (application) can be based on the alleged illegality of the electoral procedure or on a reason provided by law for the loss of membership in a general representative body, in the European Parliament, in a municipal authority entrusted with executive power, or in a constituent authority (representative body) of a statutory professional association. The Court shall allow an electoral challenge if the alleged illegality has been proved and was of influence on the election result. In the proceedings before the administrative authorities the general representative body or statutory professional association has litigant status.


(2) If a challenge pursuant to para 1 subpara a above is allowed and it thereby becomes necessary to hold the election to a general representative body, to the European Parliament or to a constituent authority of a statutory professional association in whole or in part again, the representative body's members concerned lose their seat at the time when it is assumed by those elected at the ballot which has to be held within a hundred days after delivery of the Constitutional Court's decision.


(3) The premises for a decision by the Constitutional Court in challenges to the result of popular initiatives, consultations of the people or referenda will be prescribed by Federal law. How long, in view of the possibility of such a challenge, it is necessary to retard publication of the law about which a referendum has taken place, can also be laid down by Federal law.