Amendment Of The European Election Procedure - Euwo

Original Language Title: Änderung der Europawahlordnung - EuWO

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_9/BGBLA_2014_I_9.html

9 Federal law, the Federal law on the election of the members of the European Parliament (European Parliament election order - EuWO) is changed

The National Council has decided:

The Federal law on the election of the members of the European Parliament (European Parliament election order - EuWO), Federal Law Gazette No. 117/1996, as last amended by Federal Law Gazette I no. 115/2013, is amended as follows:

1. in article 15, paragraph 2, the word "Week" is replaced by the word "Days".

2. in article 24, paragraph 3 the Word replaces "thirteenth" "third" the word.

3. § 31 para 3 and 4 are:

"(3) a Union citizen with main residence in this country, which has not the Austrian citizenship, has 17:00, in accordance with article 10 of Directive 93/109/EC of 6 December 1993 on detailed arrangements for the exercise of the active and passive right to vote in elections to the European Parliament for citizens of the Union residing in a Member State as applicants in addition to the forty-fourth day before the election, , whose nationality they do not own, OJ L 329 of the 30.12.1993 p. 34, as amended by the Directive 2013/1/EC by December 20, 2012, OJ L 26 of the 26.1.2013 S. 27, to make a formal statement, his nationality, his date of birth, the place of his birth, his last address in the Member State of origin, as well as his main residence attesting. With the formal declaration has he also to announce he was possibly last entered on the electoral roll of which local authority or constituency of the Member State of origin. With the formal declaration, he has also to inform that he of the passive right to vote been deprived of in his home Member State, not as a result of an individual decision of a judicial authority or an individual decision of an administrative authority that can be challenged in court, and that he not standing as a candidate in another Member State in the elections to the European Parliament.

(4) in accordance with article 6, paragraph 3 of Directive 93/109/EC in the version of Directive 2013/1/has the Federal Election Commission the formal declaration referred to in paragraph 3 at an applicant with main residence in this country who has not the Austrian citizenship, the home Member State for the purpose of verifying whether the candidates of the passive right to vote in the home Member State, not as a result of an individual decision of a judicial authority or an individual decision of an administrative authority , which can be challenged in court, deprived, the home Member State in accordance with article 6 to the paragraph 5 of Directive 93/109/EC in the version of Directive 2013/1/EU named point of contact to submit. No information of the Member State of origin, be issued within five working days from receipt of the formal declaration on the part of the Member State of origin as the name of the applicant without waiting for any information on the nomination can remain."

4. the following paragraph 7 is added to paragraph 31:

"(7) the information requested by other Member States in accordance with article 6 are paragraph 3 of Directive 93/109/EC in the version of Directive 2013/1/to provide within five working days. For the purpose of exchange of information pursuant to article 6 is to designate a contact point to the Commission and to the other Member States at the latest on February 28, 2014. paragraph 3 of Directive 93/109/EC in the version of Directive 2013/1 /"

5. in article 39, paragraph 2 the Word replaces "thirtieth" "twenty-first" the word.

6 paragraph 46:

"46. (1) can the right to vote of those voters, which according to the § § 26 and 27 voting cards were issued, in each polling station or in the way of delivery of sealed voting card to an election authority entitled to receive be exercised (absentee ballot). Voting by absentee ballot can be done immediately after receiving the voting card.

(2), the voter has to create the official ballot filled out by him in the beige envelope of choice, to close this, and to place in the electoral map. Then he has on the electoral map by handwritten signature affidavit to explain that he has completed the official ballots personally, unnoticed and unaffected. Then he has to close the voting card. The choice card is in the mail in time to the competent authority of the district election to submit that the electoral map received there at the latest on the election day, 17:00, or on election day at a polling station during the opening hours or at a district election administration until 17:00 leave. A tax by a bearer is allowed. Voting cards that are at a voting abroad by an Austrian representative authority or an Austrian unit until the sixth day before election day, at a diplomatic mission outside the European economic area or outside of Switzerland to the ninth day before election day, shall be automatically forwarded by the consular authorities or the Austrian unit at the district election authority. Forwarding is allowed, one after the sixth day before election day, in diplomatic missions outside the European economic area or outside of Switzerland after the ninth day before election day, incoming voting card by an Austrian representative authority or an Austrian unit at the district election authority if assured that the voting card can arrive at the district election authorities still in time, or the voter in knowledge is used, , that a receipt is guaranteed may in time. The Federal Government has to bear the costs for delivery of election map at the district election office in the post.

(3) voting in the way of the absentee ballot is void if



1. the affidavit on the election map demonstrably not or not was traded by the voters, 2. no election envelopes containing electoral map, 3. that contains only another or several other than the beige coloured envelope of election voting card, 4 that contains two or more beige coloured envelopes of election voting card, 5 that is labeled choice envelope, 6 the integrity check (§ 72 para 1) concluded that the electoral map is so corrupted , that a previous abusive removal or dismounting of the inverted election envelopes cannot be excluded, 7 due to an application of fields located under the flap of the electoral map the data or the signature of the voter can be made invisible or 8 is the choice card not later than on the election day, 17:00, in a district election administration arrived or been given up to this point in a polling station.

(4) after their visualization and the voting cards received the voting cards at the district election office voting via absentee ballot used the data under the tabs are after to capture then until the counting (§ 72 para 1) officially under lock and key to keep.

(5) on the election day the district election office has each from 8.00 until 17.00 for the receipt of voting cards to take care. If necessary, the district election office has on the day before the election for a receipt of voting cards sent in by post to ensure."

7 paragraph 56 para 3:

"Are (3) in every polling station during the hours of voting cards have been used to vote via absentee ballot, for the purpose of forwarding to the superior authority of the district election (section 67 para 3 Z 10) to accept." This applies also for election jurisdiction, which are established in accordance with article 58, paragraph 1, as well as electoral authorities, are furnished in accordance with article 59, paragraph 1."

8 § 67 ABS 2 Z 10 is:



"10. the number of voting cards accepted pursuant to § 56 para 3, been used separately to ridings to vote via absentee ballot."

9 section 67 para 3 Z 10 is:



"10. the voting cards accepted pursuant to article 56, paragraph 3, which have been used to vote by absentee ballot."

10 paragraph 67 paragraph 7:

"(7) the voting cards accepted pursuant to article 56, paragraph 3, which have been used to vote via absentee ballot, are to submit if it is not guaranteed that they received on the first day after election day before 9:00 with the transcript of the parent district election office."

11 paragraph 70 paragraph 2:

"(2) on the election day at 17:00 the district election office the national electoral authority the number of election cards in time received at the district election office, which have been used to vote via absentee ballot, has to announce immediately (instant) in the fastest way, if necessary, by messengers. On the day after election day the district election office has this number to the number of polling stations of the Stimmbezirks pursuant to § 56 para 3 and the State election authority also in the fastest way, where appropriate, by Messenger, to announce (immediate) to supplement accepted voting cards."

12 § 72 para 1 first sentence reads:

"The day after the election, 9:00, the district returning officer under observation by the present assessor shall examine the pursuant to section 46 in the way of the absentee ballot up to election day, 17:00, received and accepted only pursuant to § 56 para 3 of the local electoral authorities and to the district election office no matter in which voting district they have been issued forwarded voting cards, on the integrity of the CAP as well as on visibility of the data and the signature of the voter."

13 paragraph 72 paragraph 2:


"(2) then the district election Office for the area of the Stimmbezirks to comprise the tallies of votes cast via absentee ballot with the election results in accordance with article 70, paragraph 1, immediately, to announce (immediate) the fastest way the responsible electoral authorities and to hold in a transcript has. The district election office has separated the results of votes cast by absentee ballot to expel. This the district election office has separated the number of the originating from other ridings voting cards in the way of the absentee, according to resources to specify. Then the district election authority the votes by absentee ballot to determine the votes attributable for each candidate on the party list, and to enter into preferential votes protocols has."

14 paragraph 72 paragraph 4:

"(4) finally her present preferential votes protocols of the municipalities and on the basis of preference votes protocols referred to in paragraph 2 the last sentence for any candidates on the party lists of a published election proposal has the district election office on the basis of the the attributable to him preference in accordance with section 73 to determine and to hold for the area of the Stimmbezirks in preference votes logs, as well as the preference attributable to the individual candidate immediately, to announce (immediate) the fastest way the responsible electoral authorities."

15 paragraph 74 subsection 3:

First and second Kit "has (3) the State election authority following receipt of the reports referred to in article 72, paragraph 2 each summarize the contained, given by means of absentee votes resulting in votes to be known pursuant to paragraph 2 and to report (immediate) the fastest way of the Federal Election Commission. Also has the electoral authorities on the basis of the reports referred to in section 70, paragraph 2 the total number of the voting cards in time received in the districts of voices, which have been used to vote via absentee ballot, to determine and that number to announce the federal electoral authority the fastest way immediately (immediate). Finally the electoral authorities on the basis of the reports referred to in article 72, paragraph 4, has to summarize the preferential votes attributable to individual candidates in the constituency of the country and to announce (immediate) the fastest way of the Federal Election Commission."

16 in article 75, paragraph 1, the number "43" by the number "39" is replaced.

17 paragraph 75 paragraph 2:

"(2) this the federal election administration under application has to determine which of sections 77 and 78 according to provisional election results on the provisionally attributable individual parties mandates as well as the time being attributable to individual candidates preference."

18 paragraph 76 paragraph 3:

"(3) the minutes shall at least contain:"



1. the name of the electoral district, the place and the time of the Act;

2. the names of arriving and absent members of the State election authority, as well as the trusted third parties in accordance with article 6;

3. the name of the present or formerly present accredited persons (§ 9a para. 3);

4. any observations referred to in paragraph 1;

5. the final determined votes result in the electoral district, in the form outlined in the section 74, paragraph 2;

6. the number of preference votes for each candidate of an election proposal published on a party list in the area of the electoral district and the subordinate attributable regional constituencies;

7. the number of voting cards issued in the individual ridings by postal ballot, taking into account the allocation to § 72 para 2."

19. in section 77, paragraph 7, of the expression "7%" is replaced by the expression "5%".

20 § 91 11 the following paragraph is added:

"(11) § 15 para 2, 24 para 3, 31 para 3, 4 and 7, 39 para 2, 46, 56 para of 3, 67 paragraph 2 Z 10, 67 § 3 Z 10, 67 paragraph of 7, 70 sec. of 2, 72 para 1 first sentence, 72 para of 2, 72 para of 4, 74 paragraph of 3, 75 paragraph 2, 76. par. of 3, 77 para of 7, 91 paragraph 11 and the annex 2 in the version of Federal Law Gazette I no. 9/2014 appear at the end of" the day of the proclamation in force."



21 Appendix 2, front, is as follows:

"Annex 2, front paper color: white"



22 Appendix 2, rear, is as follows:

"Annex 2, rear





Fischer

Faymann