Home > 4.1 Parliamentary elections > AUSTRIA - Federal Law on the Election of the National Council (National Council Election Regulation 1992 – NRWO)
 
 
 
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Article 107
 

(1) At first the federal electoral authority shall ascertain the total votes for each party for the complete federal territory on basis of the written reports of the provincial electoral authorities received according to § 105 al. 2.

(2) Parties who have not gained any seat in any regional constituency of the federal territory and who have obtained less than 4% of the total of valid votes cast are not entitled to being allotted any seats in the third ascertainment procedure.

(3) The total of the 183 seats less those seats obtained in the first and second ascertainment procedure by those parties, which had not introduced any federal election proposal, shall be allotted to the remaining parties in the third ascertainment procedure by use of the election quotient to be calculated according to al. 4 and 5.

(4) The totals of the votes cast for each party shall be written next to each other in the order of sequence starting with the largest number; under each number its half shall be written, followed by its third, its fourth, and its subsequent fractions.

(5) The election quotient shall be the onehundredandeightythird largest figure in order of sequence of the figures written when 183 seats are to be allotted, the onehundredandeightysecond largest figure in the case of 182 seats to be allotted, the onehundredandeightyfirst largest figure in the case of 181 seats and so forth.

(6) Each party gains as many seats as often as the election quotient is contained in the total of votes cast for it. If as a result of this calculation two or more parties should be entitled to be allotted the same seat, the decision shall be made by drawing lots. If for one of the parties the draw results in a total of seats according to al. 7, it shall be allotted the respective seat. If this is the case for more than one party, the lot shall be drawn among all of them.

(7) If the total of seats ascertained for one particular party is less than the total of seats it gained in the first and second allotment procedure, the further procedure shall be in accordance with a situation where such party had not introduced any federal election proposal and the allotment procedure shall be repeated according to al. 3 to 6.

(8) If the total of seats allotted to a party in accordance with this procedure exceeds the total of seats gained by it in the first and second ascertainment procedures, it shall be allotted as many further seats as corresponds with this difference.