Amendment Of The European Election Procedure - Euwo

Original Language Title: Änderung der Europawahlordnung - EuWO

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9. Federal Act amending the Federal Act on the Election of Members of the European Parliament (European Electoral Regulations-EuWO)

The National Council has decided:

The Federal Act on the Election of Members of the European Parliament (European Electoral Regulations-EuWO), Federal Law Gazette (BGBl). No 117/1996, as last amended by BGBl. I n ° 115/2013, shall be amended as follows:

1. In § 15 (2), the word "Weeks" by the word "Days" replaced.

2. In § 24 (3) the word "third" by the word "thirteenth" replaced.

3. § 31 (3) and (4) are:

' (3) A citizen of the Union with a principal residence in the country who does not have Austrian nationality shall, moreover, as an applicant, until the forty-fourth day before the election, 5:00 p.m., pursuant to Article 10 of Directive 93 /109/EC of 6 December 1993 the detailed arrangements for the exercise of the right to vote and to stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals, OJ L 327, 28.4.2002 34., as amended by Directive 2013 /1/EU of 20 December 2012, OJ L 327, 28.12.2013, p. 27., to make a formal declaration stating his nationality, his date of birth, his place of birth, his last address in the Member State of origin and his principal residence. The formal declaration shall also be made public, in the voters ' register of which local authority or constituency of the home Member State he or she has, if necessary, been registered. By means of the formal declaration he has also to inform that he is not in his home Member State as a result of a case-by-case decision of a judicial authority or a case-by-case decision of an administrative authority which disputed in court , the right to stand as a candidate has been lost and that he is not at the same time running in another Member State in the elections to the European Parliament.

(4) In accordance with Article 6 (3) of Directive 93 /109/EC as amended by Directive 2013 /1/EU, the Federal Electoral Authority has the formal declaration in accordance with paragraph 3 in the case of an applicant with a main residence in Germany who does not have the Austrian citizenship. to the Member State of origin for the purpose of checking whether the candidate for the right to stand as a candidate in the home Member State is not, as a result of a case-by-case decision of a judicial authority or a case-by-case decision of an administrative authority which can be challenged in court, has been lost, the To send the home Member State to the contact point designated in the version of Directive 2013 /1/EU in accordance with Article 6 (5) of Directive 93 /109/EC. If no information is provided by the home Member State on the part of the home Member State within five working days from the date of the formal declaration, the name of the applicant may be made without waiting for information on the nomination. remaining. "

4. § 31 the following paragraph 7 is added:

" (7) Information requested by other Member States in accordance with Article 6 (3) of Directive 93 /109/EC as amended by Directive 2013 /1/EU shall be issued within five working days. For the purpose of exchanging information in accordance with Article 6 (3) of Directive 93 /109/EC as amended by Directive 2013 /1/EU, a contact point shall be provided to the Commission and to the other Member States at the latest on 28 February 2014. naming. "

5. In § 39 (2), the word "twenty-first" by the word "thirtieth" replaced.

6. § 46 reads:

" § 46. (1) The right to vote may be exercised by those voters who have been issued voting cards in accordance with § § 26 and 27 of the Electoral Card, in any polling station or in the course of the transmission of the closed electoral card to an electoral authority entitled to receive the right to receive the vote. (postal ballot). Voting by postal ballot may take place immediately upon receipt of the voting card.

(2) In order to do so, the voter has to put the official ballot filled by him into the beige electoral envelope, to close it and to place it in the electoral card. He then has to declare on the ballot card, by means of his own personal signature, that he has filled out the official ballot in person, unobserved and uninfluenced. He then has to close the electoral map. The electoral card shall be sent either by post to the relevant district electoral authority in time for the election card to arrive there no later than 5 p.m. on election day, or on election day in a polling station during opening hours or at a polling station. District election authority to be delivered by 5 p.m. A delivery by a transfer provider is permitted. Voting cards held by a representative authority outside the European Economic Area, or by an Austrian unit, until the sixth day before the election day, when they vote abroad, or shall be forwarded by the representative authority or the Austrian unit to the competent district electoral authority outside of Switzerland until the ninth day before the election day. The forwarding of an electoral card by an Austrian one after the sixth day before the election day, in representative authorities outside the European Economic Area or outside Switzerland after the ninth day before the election day. A representative authority or an Austrian unit shall be allowed to the competent district election authority if it appears that the electoral card can nevertheless be received in good time by the relevant district electoral authority or the person entitled to vote in It is noted that a one-in-one may no longer be in good time is guaranteed. The Federal Government has to bear the costs of sending the electoral card to the district electoral authority in the post-office.

(3) The vote in the path of the postal ballot shall be void if:

1.

the affidavit declaration on the electoral card has not been made or has been shown not to have been made by the person entitled to vote,

2.

the electoral card does not include a polling card,

3.

the electoral card contains only one or more other than the annexed electoral envelope,

4.

the electoral card contains two or more electoral envelopes that are attached to the election,

5.

the election envelope is inscribed,

6.

the verification of integrity (Section 72 (1)) has shown that the electoral card is damaged in such a way that a previous abusive removal or relaying of the incumbable electoral envelope cannot be ruled out,

7.

the data or the signature of the voter can no longer be made visible or the voters ' signature can no longer be made visible, or that the fields of the electoral card are not visible or

8.

the electoral card has not arrived at a district election authority by the election day at 5 p.m. or has been cast in a polling station until that date.

(4) After the arrival of the voting cards used for a vote by means of a postal ballot, the district electoral authority shall record the data under the brackets after they have been made visible and the voting cards shall then be recorded until the counting of the voting cards (§ 72 (1) shall be kept officially under closure.

(5) On election day, the district electoral authority shall ensure that voting cards are received from 8 a.m. to 5 p.m. in each case. Where appropriate, the District Electoral Authority shall ensure that, on the day before the election, an acceptance of election cards sent by post shall be taken. "

Section 56 (3) reads as follows:

" (3) In each polling station, during the opening hours, voting cards, which have been used for voting by means of postal ballot, are to be received for the purpose of forwarding to the higher-ranking district electoral authority (§ 67 para. 3 Z 10). This also applies to election rebates, which are established pursuant to § 58 (1), as well as for electoral authorities, which are set up pursuant to § 59 (1). "

8. § 67 para. 2 Z 10 reads:

" 10.

the number of voting cards accepted in accordance with section 56 (3), which have been used for voting by means of postal ballot, separately according to voting districts. "

9. § 67 (3) Z 10 reads:

" 10.

the voting cards accepted in accordance with Section 56 (3), which have been used for voting by means of postal ballot. "

Section 67 (7) reads as follows:

" (7) The voting cards accepted in accordance with Section 56 (3), which have been used for voting by means of postal ballot, shall be transmitted in advance to the parent district election authority if it is not ensured that they will be held on the first day after the Election day before 9:00 a.m. with the minutes of the minutes. "

Section 70 (2) reads as follows:

" (2) On the election day at 5 p.m., the District Electoral Authority of the Land Electoral Authority shall immediately, without delay, in the quickest manner, the number of election cards received by the District Electoral Authority, which have been used to vote by postal ballot. by Boten, if appropriate, (emergency notification). On the day after the election day, the district electoral authority shall supplement this number by the number of voting cards received in polling stations in accordance with section 56 (3) and also in the fastest way by the Land Election Authority, if necessary by Boten, to announce (instant message). "

The first sentence of Article 72 (1) reads as follows:

" On the day after the election, 9.00 a.m., the district returning officer, under observation by the members present, shall examine the persons who arrived in accordance with § 46 in the way of the postal ballot until the election day, 5 p.m., and who, in accordance with § 56 para. 3 of the local election day, shall be subject to the election day. Electoral authorities and voting cards forwarded to the District Electoral Authority, regardless of the voting area in which they have been issued, on the integrity of the closure and on the visibility of the data and the signature of the election. Voter. "

Section 72 (2) reads as follows:

" (2) The district electoral authority for the area of the voting district has to calculate the election results of the votes cast by means of a postal ballot with the results of the election pursuant to Section 70 (1), without delay, in the quickest manner of the competent State election authority (instant notification) and record in a transcript. The results of the votes cast by means of a postal ballot shall be rejected by the district electoral authority separately. In doing so, the District Electoral Authority shall specify the number of voting cards issued by other voting districts in the course of the postal ballot, separately by voting district. Subsequently, the district electoral authority shall determine the votes cast for each candidate on the party lists for the votes cast by means of a postal ballot, and shall enter into the minutes of the vote. "

14. § 72 (4) reads:

" (4) Finally, the District Electoral Authority has published, on the basis of the preferential protocols of the municipalities, as well as on the basis of the preferential votes protocols referred to in paragraph 2, last sentence for each applicant on the party list of a published To determine the right to vote in accordance with § 73 and to hold the votes in favour of the area of the voting district in the minutes of the vote, as well as the right of preference to be paid to the individual candidates immediately, to the the fastest way in which the competent Land Electoral Authority (instant notification) is notified. "

Section 74 (3) reads as follows:

" (3) The Land Electoral Authority shall, in accordance with Section 72 (2) of the first and second sentences, summon the votes contained therein by means of a postal ballot in each case with the result of the vote to be announced in accordance with paragraph 2 of this Article, and to the following: the quickest way to report to the Federal Electoral Authority (instant message). Furthermore, on the basis of the reports in accordance with Article 70 (2), the Land Electoral Authority has determined the total number of voting cards entered in the voting districts in time, which have been used for voting by means of postal ballot, and this number has been Immediately notify the Federal Electoral Authority of the quickest way (instant notification). Finally, on the basis of the reports in accordance with Section 72 (4), the Land Electoral Authority has to summarize the preferred votes cast on the individual candidates in the Land constituency and to announce it in the quickest manner of the Federal Electoral Authority (instant notification). "

16. In Section 75 (1) the number shall be "43" by the number "39" replaced.

17. § 75 para. 2 reads:

" (2) The Federal Electoral Authority shall, pursuant to sections 77 and 78 of this Article, have the mandates provisionally falling on the individual parties in accordance with the provisional results of the election as well as the preferential votes on the provisional basis of the individual candidates. identify. "

Section 76 (3) reads as follows:

" (3) The transcript shall contain at least:

1.

the name of the national constituency, the place and the time of the official act;

2.

the names of the members of the Land Electoral Authority and of the persons who are not present, as well as of the persons of the persons of trust in accordance with § 6;

3.

the names of the accredited persons present or present (Section 9a (3));

4.

the general findings as referred to in paragraph 1;

5.

the final result of votes in the constituency of the Land in the form in accordance with section 74 (2);

6.

the figures for preference votes for each candidate of an election proposal published on a party list in the area of the national constituency and the subordinated regional constituencies;

7.

the number of voting cards issued in each of the voting districts by means of postal ballot, taking into account the breakdown in accordance with Section 72 (2). "

19. In § 77 (7) the expression "7%" by the expression "5%" replaced.

The following paragraph 11 shall be added to Article 91:

" (11) § § 15 (2), 24 (3), 31 (3), 4 and 7, 39 (2), 46, 56 (3), 67 (2) Z 10, 67 (3) Z 10, 67 (7), 70 (2), 72 (1) first sentence, 72 (2), 72 (4), 74 (3), 75 (2), (76). Paragraph 3, 77 (7), 91 (11) and Annex 2, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 9/2014 will enter into force with the end of the day of the event. "

21. Appendix 2, Front side, reads:

" Appendix 2, Front Paper Color: white

22. Appendix 2, reverse side, reads:

" Appendix 2, Back

"

Fischer

Faymann