Home > 4.4 Departmental/provincial elections > AUSTRIA - Federal Law on the Election of the National Council (National Council Election Regulation 1992 – NRWO)
 
 
 
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Article 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.