Electoral Law Amendment Act 2015

Original Language Title: Wahlrechtsänderungsgesetz 2015

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_158/BGBLA_2015_I_158.html

158. Federal law, with which the National Council election regulations 1992, the presidential electoral law of 1971, the voters evidence Act 1973 and the European voters evidence law be changed (right to vote Amendment Act 2015)

The National Council has decided:

Article 1

Change the National Council election regulations 1992

The Federal law on the election of the National Council (National Council of election regulations 1992 - NRWO), Federal Law Gazette No. 471/1992, amended by Federal Law Gazette I no. 101/2014, is amended as follows:

1. paragraph 39 paragraph 1:

"(1) the exhibition of the electoral map is at the community of the voters on the electoral roll was entered, starting with the day of the election call in writing or orally, stating the reason in accordance with article 38, paragraph 1 to apply for. A telephone application is not allowed. The request must arrive no later than on the fourth day before election day to the competent authority. Verbally, the application can be made no later than on the second day before election day, 12:00. Also until the latter date an application may be made in writing, if a personal delivery of the electoral map to a person authorized by the applicant. Abroad, the exhibition and handing over the electoral map in the way of an Austrian representative authority may be requested. The identity is in the oral request, unless the applicant is not official known to make credible through a document. At the request in writing the identity can be made, unless the applicant is not official or the application in the case of an electronic transfer with a qualified electronic signature is provided, credibly in other ways, in particular by specifying the passport number through the illumination of an official photographic identification document or a different document template. The community is empowered to review the way of a Passport Agency and photo ID Passport number or other documents in the way of the authority competent for the issuing of these documents. Provided that the technical conditions are met, the municipality is also the passport number independently on the basis of the Central evidence in accordance with § authorised 22B of the Passport Act 1992, BGBl. to check no. 839/1992,. In the case of section 38, paragraph 2, the application has the explicit request for the visit by a special electoral authority in accordance with article 73, paragraph 1, and the precise of the premises where the applicant expected the visit by a special electoral authority to contain. People who are in public custody, has. the request to have an official confirmation of the accommodation"

2. in article 39, paragraph 3, the phrase "or QR codes" is inserted after the word "Bar code".

3. § 39 para 3 penultimate sentence reads:

"Voting cards issued by means of automation-supported data processing can be provided I no. 10/2004, instead of the signature of the Mayor with an official signature in accordance with articles 19 and 20 of the Federal Act on arrangements to facilitate the electronic transactions with public authorities (E-government law E-GovG), Federal Law Gazette, with E-GovG, second sentence, not to apply article 19, para. 3."

4. paragraph 60:

"Section 60 (1) can the right to vote of those voters, which according to the § § 38 and 39 voting cards were issued, be exercised in the way of delivery of sealed voting card to an election authority entitled to receive (absentee ballot). Voting by absentee ballot can be done immediately after receiving the voting card.

(2), the voter has to put the official ballot filled out by him in the beige coloured election envelope, 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 electoral map is to convey that the electoral map received there at the latest on the election day, 17:00, in time to the competent authority of the district election 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, apart from the print of the number of the electoral district, 6 the integrity check (§ 90 para 1) concluded , that the electoral map is so damaged 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) upon receipt of a voting card used for a vote by absentee ballot at the district election office, this has at least the in the fields of "sequential number in the electoral roll," "Municipality" for visualization of data under the flap as well as "foreign söster assigned o. Austrians abroad" to capture data. A recording based on a possibly on the voting card of bar codes seeming to, or QR codes is allowed. The electoral map is then up to the count (article 90 paragraph 1) officially under lock and key to keep.

(5) on election day, the district election office by 8.00 to 17.00 for the receipt of voting cards has to take care. If necessary, the district election office has to take care on the day before the election for a receipt of voting cards sent in by post. Voting cards are from the own voting district according to the specifications of paragraph 4."

5. paragraph 70 para 3:

"(3) in every polling place voting cards, which have been used to vote via absentee ballot, for the purpose of forwarding to the parent district election office (§ 85 para 3 lit. are during the opening hours k) to accept. This applies also for election jurisdiction, which are established in accordance with article 72, paragraph 1, as well as electoral authorities, are furnished in accordance with article 73, paragraph 1."

6 § 85 para 2 lit. k is:



"(k) the number of voting cards accepted in accordance with § 70 para 3, been used separately to ridings to vote via absentee ballot."

7 § 85 para 3 lit. c is as follows:



"(c) voting cards taken off the voters pursuant to article 70, paragraph 1 or paragraph 2;"

8. in article 85, paragraph 3 lit. (i) the phrase "at the national electoral authority" is deleted.

9 § 85 para 3 lit. k is:



k) packed in accordance with § 70 para 3 accepted and counted voting cards have been used to vote via absentee ballot envelopes.

10 paragraph 85 paragraph 9:

"(9) the voting cards accepted pursuant to article 70, paragraph 3, which have been used to vote via absentee ballot, are immediately to the authority of the local elections in cities with its own statute to the district election office to submit, if it is not guaranteed that they can be routed on election day with the transcript."

11. in article 86, paragraph 1, the phrase together with Beistrichen is ", if necessary, by Messenger," deleted.

12 paragraph 88:

88. (1) district electoral authority "has to comprise the election results of the GE meindewahlbehörden, in Vienna the district election office, in the voting district communicated to her and to announce the thus determined findings of the State election authority immediately (instant) in the fastest way.


(2) on the election day at 17:00 the district election administration the election authorities separated, where appropriate, the number of election cards in time received at the district election office, which have been used to vote via absentee ballot, after choice of own regional constituencies and election cards from other regional constituencies, to announce immediately (immediate) the fastest way. As soon as all in accordance with § 70 para 3 in the polling stations of the Stimmbezirks have arrived received voting cards, the district election office has the number on election day, 17:00, received voting cards to supplement the number of election cards added in accordance with § 70 para 3 correspondingly and to announce (instant) in the fastest way."

13 paragraph 89:

"Offing the municipal electoral authorities in Vienna the offing the Sprengel electoral authority, are 89. (1) following the detection of the local election results immediately locked and possibly in the sealed envelope to convey the authority of district election.

(2) the municipal electoral authorities that no longer can convey their offing on election day the district election office have blocked anyway, immediately by choosing cards voters from other regional constituencies of the election envelopes according to the Census made in accordance with section 84, paragraph 3 to forward to the district election office. The voting cards in accordance with § 70 para 3 are at the same time to count and to forward to the district election office.

(3) the district electoral authority has to arrange the election envelopes entered into by choice cards voters from other regional constituencies and the voting cards from other regional constituency, accepted in accordance with § 70 para 3 first after electoral district and to count. This election envelopes with voting cards are Pack and immediately submit the State election authority."

14. in article 90, paragraph 1, in the first sentence the word "possibly" deleted, and after the phrase "forwarded voting cards" added the phrase "of own regional constituencies".

15 paragraph 90 paragraph 2:

"(2) then the district election office to comprise the election results in accordance with article 90 of the elections in accordance with article 88, paragraph 1, immediately, to announce (immediate) the fastest way the responsible electoral authorities and to hold in a transcript has. The results of the votes cast via absentee ballot are disclosed separately. 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."

16. in article 90, paragraph 8 is replaced "fifteenth" "fourteenth" through the word.

17 paragraph 92:

"article 92. Each country electoral authority has the total number first, if all reports to be reimbursed in accordance with § 88 arrived at her, immediately in their area of choice cards voters outside of own regional constituencies of the election envelopes as well as the total number of the voting cards in time arrived in the ridings, which have been used to vote via absentee ballot, separated according to choice of own regional constituencies and election cards from other regional constituencies, to determine and these numbers to announce the federal electoral authority the fastest way immediately (immediate). On the day after election day the State election authority has these numbers to the numbers of voting cards accepted in the ridings in accordance with § 70 para 3, broken up to be evaluated in accordance with article 90, paragraph 1 voting cards and in accordance with section 89, paragraph 3 to supplement to be forwarded voting cards, and to announce the federal election Agency (immediate) also in the fastest way."

18 paragraph 94 paragraph 1:

(1) after all of the district election office pursuant to article 89, paragraph 3 transmitted election envelopes of election cards voters and that pursuant to article 85, paragraph 3 lit. k received voting cards at the country's electoral authority have arrived and moreover on the basis of the notification in accordance with article 88, paragraph 1 it is clear that more such election envelopes as well as choice tickets will no longer arrive, is the number, which for each electoral district in the municipal and district electoral authority in the area of the country election administration of the election envelopes as well as voting cards, divided after electoral district to determine. The State election authority then has the election envelopes by electoral cards voters and that pursuant to article 85, paragraph 3 lit. (k) to separate incoming voting cards of the own country constituency."

19 paragraph 94 paragraph 3:

"(3) any State election authority has the election envelopes entered into by choice cards voters from another electoral district, as well as pursuant to article 85, paragraph 3 lit. (k) to arrange received voting cards to the eight other electoral district and to document the findings for each of the electoral district referred to in paragraph 1 in a separate transcript. These writings are to be signed by members of the State election authority and related election envelopes with voting cards to convey that they arrive no later than on the third day after election day, 12:00, the responsible electoral authorities in sealed envelopes in the fastest possible way demonstrably so. A copy of this transcript will remain with the national election authority. Section 2, second sentence, shall apply mutatis mutandis."

20. in article 95, paragraph 1 is replaced "forty-three" by the word "thirty-nine".

21. in article 95, paragraph 2, the phrase "§§ 96 paragraph 4," by the phrase "articles 96 paragraph 7," will be replaced.

22 § 96 para 1 to 4 are:

"(1) after receipt of the voting cards forwarded pursuant to § 94 paragraph 3 from the other country electoral authority has the State election authority after visualization of data under the flap at least in the fields of"serial number in the electoral roll","Community"as well as" Auslandsösterreicher(in)"data to capture." A recording based on a possibly on the voting card of bar codes seeming to, or QR codes is allowed. Then, the choice card up to the count (para. 2) officially is under lock and key to keep.

(2) on the fourth day after election day, 9:00, the national electoral Director while observing through the present assessor examines the voting cards on the integrity of the CAP as well as on visibility of the data and the signature of the selector forwarded pursuant to § 94 paragraph 3 from the other country electoral authority. Then it checks whether the apparent on the voting cards affidavits (§ 60 para 2) are available. Voting cards that do not meet these requirements, are not included in the results analysis. Then the country returning officer opens the voting cards, takes the with einzubeziehenden beige colored dial envelopes contained therein and puts them in a container for this purpose prepared. Voting cards, where a ground for invalidity pursuant to article 60, paragraph 3 is Z 2-5, are also not included in results analysis. The country's electoral authority has not with einzubeziehende voting cards to enclose the Act under lock and key.

(3) after the country's electoral authority has to add the container in accordance with election envelopes according to § 94 paragraph 3 from the other country electoral authority submitted article 94, paragraph 1, of the own choice district of election envelopes separate from, as well as the.

(4) then has the State election authority to open in the container of the election envelopes after mixing thoroughly, remove the ballot, to check their validity in accordance with articles 78 to 83, with sequential numbers to the invalid ballots and to determine:



1. the total amount of valid and invalid votes;

2. the sum of the invalid votes;

3. the sum of the valid votes;

4. attributable to the individual parties valid votes (party totals);

5. the sum of the invalid and not identifiable votes from election envelopes, which contained no official ballot."

23. in paragraph 96, received the designation "(5) to (7)" the previous paragraph 2 to 4 and the phrase "referred to in paragraph 1" in the first sentence of paragraph 5 is replaced by the phrase "in accordance with paragraph 4".

24 § 98 para 2 first sentence reads:

"For this purpose, the electoral authorities on the basis of preference votes protocols of the district electoral authority (article 90 paragraph 4) and the ballots counted according to article 96 par. 4 determined the total amount of the preferential votes, which are accounted for by each of the regional candidate listed on the ballot the chosen party list in the regional constituencies of the district election."

25 § 99 paragraph 2 lit. d is as follows:



"(d) the findings in accordance with § 96 para 4;"

26. in article 100, paragraph 2, the phrase "article 96 par. 2" by the phrase "article 96 par. 5" is replaced.

27 § 102 para 2 first sentence reads:

"For this purpose, the electoral authorities on the basis of preference votes protocols of the district electoral authority (article 90 paragraph 4) and the ballots counted according to article 96 par. 4 determined the total amount of the preferential votes, which are accounted for by each of the candidates listed on the ballot elected country party list in the constituency of the country."

28 § 103 para 2 lit. d is as follows:



"(d) the findings in accordance with § 96 para 4;"

29. in article 103, paragraph 3, the phrase "article 96 par. 2" by the phrase "article 96 paragraph 4" is replaced.

30 paragraph 105 paragraph 2:

(2) that are offing the country electoral authority on this immediately to transmit the federal election agency under lock and key.


31. in article 108, paragraph 1, the phrase "article 96 par. 2" by the phrase "article 96 par. 5" will be replaced.

32. in article 110, paragraph 1, the phrase "§ 108 para 4" by the phrase "§ 108 paragraph 6" is replaced.

33. in § 120 paragraph 5, the phrase "article 96 par. 1" by the phrase "article 96 paragraph 2" is replaced.

34. paragraph 127b together with the heading:

"Transitional provision

"§ 127 b. arising from § 14 para 3 changes in the composition of electoral authorities, so is analogous to § 19 paragraph 6 proceed."

35. § 129 the following paragraph 8 is added:

"(8) §§ 39 para 1 and 3, 60, 70 para of 3, 85 par. 2 lit. k, 85 para 3 lit. c, i and k, 85, par. 9, 86 para 1, 88, 89, 90 para 1, 2 and 8, 92, 94 para 1 and 3, 95 par. 1 and 2, 96, 98 para 2, 99 para 2 lit. d, 100 para 2, 102 paragraph 2, 103 para 2 lit. "d, 103 par. 3, 105 par. 2, 108 para 1, 110 section 1, 120 para 5, 127b together with heading, 129 paragraph 8 as well as the Appendix 3 as amended by Federal Law Gazette I no. 158/2015 with 1 January 2016 into force."