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Article 12
 

Ex-officio keeping of the European electoral records

(1) The municipalities shall attend ex officio to all matters that may result in a change of the European electoral records, and they shall arrange for the making of the necessary corrections in the European electoral records. In this connection, they shall inform other municipalities, without delay, of all matters that also affect the European electoral records of that other municipality.

(2) If a person entilted to vote is deleted from the European electoral records on account of having been barred from exercising his/her right to vote, he/she shall be notified thereof within two weeks as of the date of the deletion.

(3) In order to enable municipalities to fulfil the tasks that fall within their competences in accordance with para 1, the Federal Minister of the Interior shall establish, by way of ordinance, how other authorities can participate in notifying the municipalities of matters that may result in a change in the European electoral records. If these matters also concern the competences of the Federal Minister of Justice, the Federal Minister of the Interior shall seek the latter's agreement.

(4) Without prejudice to the other provisions of the present federal act, the municipalities shall be free to make a general registration of the persons entitled to vote in the area of their municipality from time to time, but not more than once a year, for the purpose of checking the accuracy of the European electoral records. In the framework of this registration, the municipalities may also register persons who will reach the age of 18 and satisfy all other requirements of § 2, para 1, by 31 December of the year in which such a registration is made. If possible, the general registration shall be made together with other general surveys (for example, surveys in accordance with § 9, para 4, of the 1973 Electoral Records Act, or registrations of personal status and enterprises). A general registration in Vienna of the persons entitled to vote shall require the approval of the Federal Minister of the Interior; in all other municipalities, the approval of the provincial governor shall be required. In the first case, this approval may be granted only in agreement with the Federal Minister of Finance, and in the second case, this approval is subject to agreement by the financial authority of the federal province in question.

(5) The mayor shall order and announce, in the locally customary way, the general registration in accordance with para 4. The ordinance of the mayor shall estabish who is required to complete a European Voter’s Index Sheet, how the European Voter’s Index Sheets, as well as other forms listed in the Annex shall be distributed to the persons required to complete them, and how they shall be returned to the municipality in question. Persons obliged to complete these forms shall sign the European Voter’s Index Sheets in person. If a person is prevented from completing or signing the European Voter’s Index Sheet on account of a physical handicap, a person enjoying his/her confidence may complete or sign on his/her behalf.

(6) The ordinance (para 5) may also establish that building owners or their deputies shall distribute the European Voter’s Index Sheets to the proprietors or occupants of building flats, collect the completed European Voter’s Index Sheets, examine them for completeness, and submit them to the office designated by the municipality for that purpose.

(7) The instructions may also require building owners or their deputies to enter the names of flat occupants, if necessary in the order of the location and door number of the flats, in specific House Lists (for specimen see Annex 2), to indicate the number of collected European Voter’s Index Sheets, separate for men and women, in the House Lists,  and to submit them to the office designated by the municipality for that purpose.

(8) In addition, the mayor may also decree that the registrations in the European Voter’s Index Sheet and the House Lists shall be checked in every building by municipal bodies before the forms are submitted to the municipality. The building owners or their deputies shall be notified in advance and in time of this official check. The building owners shall be informed without delay that the occupants of the flats in question shall have the documents ready that are necessary for this official check. Building owners or their deputies shall make available the appropriate premises for this official check.

(9) The ordinance shall establish that the persons required to complete the European Voter’s Index Sheet shall in any case be free to submit the completed European Voter’s Index Sheet also directly to the office designated by the municipality for that purpose. However, these persons shall notify the building owners or their deputies and, if applicable, the flat proprietor that they submit directly the European Voter’s Index Sheet.

(10) Any person acting in contravention of the measures established in accordance with paras 3 and 5 to 8 shall commit an administrative offence. In this case, the municipal administrative authority shall impose on such persons a money fine of ATS 3,000, as a maximum, or sentence them to imprisonment for two weeks, as a maximum, in the event that the fine cannot be collected. All other persons knowingly making false statements in connection with a European Voter’s Index Sheet shall also be subject to the same punishment, unless the action requires a penal prosecution.