Electoral Law Amendment Act 2015

Original Language Title: Wahlrechtsänderungsgesetz 2015

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158. Federal Law, with which the National Council of the Electoral Regulations of 1992, the Federal President-elect Act of 1971, the Electoral Evidence Act 1973 and the European Electoral Evidence Act are amended (Electoral Law Amendment Act 2015)

The National Council has decided:

Article 1

Amendment of the National Council of the Electoral Regulations 1992

The Federal Act on the Election of the National Council (National Council Electoral Regulations 1992-NRWO), Federal Law Gazette (BGBl). No 471/1992, as last amended by the Federal Law BGBl. I No 101/2014, shall be amended as follows:

Section 39 (1) reads as follows:

" (1) The issuing of the electoral card shall be applied to the municipality from which the person entitled to vote has been entered in the voters ' register, beginning with the day of the election tendering, in writing or orally, stating the reason pursuant to Article 38 (1). A telephone application is not allowed. The application shall be submitted to the competent authority no later than the fourth day before the election day. Orally, the application may be made no later than the second day before the election day, 12.00 noon. A request may also be made in writing, up to the latter date, if a personal handover of the electoral card to a person authorised by the applicant is possible. In other countries, the issuing and following of the electoral map can also be applied for in the course of an Austrian representative authority. In the case of an oral application, the identity shall be made credible by a document, provided that the applicant is not known to have been known. In the case of a request made in writing, the identity may, if the applicant is not known or the application is not accompanied by a qualified electronic signature in the case of electronic insertion, may also be used in other ways, , in particular by indicating the passport number, by presenting the copy of an official photo ID or other certificate. The congregation is authorized to check the passport number in the way of a passport authority and photo ID card or other documents in the way of the authority responsible for issuing these documents. If the technical conditions are fulfilled, the municipality is also authorized to use the passport number independently on the basis of the central evidence according to § 22b of the Passgesetz 1992, BGBl. No 839/1992. In the case of Section 38 (2), the application shall have the express request for a visit by a special electoral authority pursuant to Section 73 (1) and the exact indication of the premises where the applicant expects the visit by a special electoral authority to: . In the case of persons who are in public custody, the application shall have an official confirmation of the accommodation. "

2. In § 39 (3), after the word "Barcodes" the phrase "or QR codes" inserted.

3. § 39 (3) penultimate sentence reads:

" Voting cards issued by means of automation-assisted data processing may be used instead of the signature of the mayor with an official signature according to § § 19 and 20 of the Federal Act on Regulations to facilitate the electronic Public sector transport (e-government-E-GovG), BGBl. I n ° 10/2004, subject to § 19 (3), second sentence, E-GovG. "

4. § 60 reads:

" § 60. (1) The right to vote may be exercised by those voters who have been issued voting cards in accordance with § § 38 and 39, even in the course of the transmission of the closed electoral card to an electoral authority entitled to receive the right to receive the election (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 enclosed 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 to the relevant district electoral authority either in time for the election card to arrive there no later than 5 p.m. on election day, or on election day at 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 electoral envelope, apart from the imprint of the number of the national constituency, is marked,

6.

the verification of integrity (Section 90 (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 a voting card used for a vote by means of a postal ballot, the district electoral authority has at least the data under the tab, at least the number in the "continuous number in the voters ' register", "Municipality" as well as " Foreign Austrian o. Foreign Austrians " to collect data. A detection by means of a bar code or QR code, which may appear on the electoral map, is permitted. Subsequently, the voting card is to be kept officially under closure until the count (§ 90 para. 1).

(5) On election day, the district electoral authority shall ensure that voting cards are received from 8:00 to 17:00. Where appropriate, the District Electoral Authority shall ensure that, on the day before the election, voting cards are received by the postal ballot box. Voting cards from one's own constituency shall be recorded in accordance with the provisions of paragraph 4. "

Section 70 (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 for the purpose of forwarding to the parent district electoral authority (§ 85 para. 3 lit. (k) to receive. This also applies to election rebates, which are established pursuant to § 72 (1), as well as for electoral authorities, which are set up in accordance with Section 73 (1). "

6. § 85 para. 2 lit. k is:

" k)

the number of voting cards accepted in accordance with Section 70 (3), which have been used for voting by means of postal ballot, separately according to voting districts. "

7. § 85 para. 3 lit. c is:

" (c)

the voting cards withdrawn to the electorate pursuant to Section 70 (1) or (2); "

8. In § 85 para. 3 lit. i will be the phrase "to the Land Electoral Authority" is deleted.

9. § 85 para. 3 lit. k is:

" k)

the voting cards accepted and counted in accordance with § 70 (3), which have been used for voting by means of a postal ballot, are packed in envelopes. "

10. § 85 (9) reads:

" (9) The voting cards accepted in accordance with Section 70 (3), which have been used for voting by means of postal ballot, shall be sent immediately to the municipal election authority, in cities with its own statute, to the district electoral authority, if not ensuring that they can be forwarded with the minutes on election day. "

11. In § 86 (1), the word sequence together with the applates " , possibly by messenger, " is deleted.

12. § 88 reads:

" § 88. (1) The District Electoral Authority shall aggregate the results of the election of the electoral authorities in Vienna, the electoral authorities in Vienna, in the voting district, and the findings of the Land Electoral Authority thus ascertained shall immediately be forwarded to the fastest Type of announcement (instant message).

(2) On the election day at 5 p.m., the District Electoral Authority of the Land Electoral Authority shall have the number of voting cards entered in time at the District Electoral Authority, which have been used to vote by means of postal ballot, if necessary separately by election cards of their own regional constituency and election cards from other regional constituencies, immediately in the quickest way (emergency notification). As soon as all the voting cards received in the polling stations of the voting district in accordance with § 70 (3) have arrived, the district electoral authority has added the number of voting cards received on election day, 5 p.m., by the number of the voting cards added in accordance with Section 70 (3). Add optional cards to the quickest way (instant message). "

13. § 89 reads:

" § 89. (1) The electoral markets of the municipal electoral authorities, in Vienna the electoral markets of the electoral authorities, are immediately closed to the competent district election authority after the local election result has been established and may be sealed in the sealed envelope. ,

(2) In any event, the municipal electoral authorities, which are unable to transmit their electoral markets on the election day of the district electoral authority, shall immediately have the electoral envelopes issued by the electoral card voters from other regional constituencies, according to the provisions of § 84 (1) (1) (1) (1)). 3 to be forwarded separately to the district electoral authority. At the same time, the voting cards are to be counted in accordance with Section 70 (3) and forwarded to the district electoral authority.

(3) The District Electoral Authority shall first order the election envelopes issued by electoral card voters from other regional constituencies and the voting cards received in accordance with Section 70 (3) from other regional constituencies, according to national constituencies, and to: count. Subsequently, these elective envelopes are to be packed together with the voting cards and sent immediately to the Land Election Authority. "

14. In § 90 (1) the word in the first sentence shall be: "at best" deleted and after the word order "forwarded voting cards" the phrase "of the own regional constituency" .

15. § 90 para. 2 reads:

" (2) The District Electoral Authority shall, in accordance with § 90, to be combined with the results of the election in accordance with Section 88 (1) immediately, to be notified immediately, in the fastest manner, of the competent Land Electoral Authority (emergency notification) and in a Record the record. The results of the votes cast by means of postal ballot shall be rejected separately. 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. "

16. In § 90 (8) the word "fourteenth" by the word "fifteenth" replaced.

17. § 92 reads:

" § 92. Each Land Electoral Authority shall, as soon as it has received all the reports to be reported in accordance with Section 88, immediately have the total number of elective envelopes issued in its area of elective card voters outside its own regional constituency, as well as the total number of Total number of voting cards entered in the ballot in good time, used to vote by means of postal ballot, separately according to polling cards of one's own regional constituency and polling cards from other regional constituencies, to be determined and these numbers immediately to the Federal Electoral Authority in the quickest way (instant message). On the day after the election day, the Land Electoral Authority shall have these figures by the figures of the voting cards accepted in the voting districts pursuant to § 70 (3), broken down by electoral cards to be issued in accordance with Section 90 (1) and in accordance with Section 89 (3) to continue on-board voting cards, and also to announce the Federal Electoral Authority in the quickest way (instant message). "

Section 94 (1) reads as follows:

" (1) After all election envelopes of electoral card voters submitted by the district electoral authorities in accordance with Section 89 (3), as well as those submitted pursuant to § 85 (3) (3) (3) (3) (3). k entered the national electoral authority and, moreover, as a result of the announcement pursuant to section 88 (1), that further such electoral envelopes as well as electoral cards will no longer be entered into, the number of National constituency in the municipal and sprinkler electoral authorities in the area of the Land electoral authority issued elective envelopes as well as electoral cards broken down by country constituencies. The Land Electoral Authority shall then have the election envelopes of electoral card voters as well as the election envelopes pursuant to Section 85 (3) (3) (lit). k to spout on voting cards of the own national constituency. "

Section 94 (3) reads as follows:

" (3) Each Land electoral authority shall have the electoral envelopes issued by electoral card voters from other national constituencies, as well as those submitted in accordance with Section 85 (3) (3) (3) (3). k to be classified according to the eight other national constituencies and for each of the national constituencies to assess the findings in accordance with paragraph 1 in a separate copy. These minutes are to be underwritten by the members of the Land Electoral Authority and with the associated electoral envelopes and voting cards the competent Land electoral authorities in sealed envelopes for the fastest possible way can be proved so , they shall transmit them at the latest on the third day after the election day, 12.00 noon. A copy of this transcript shall remain with the Land Electoral Authority. The second sentence of paragraph 2 shall apply mutatily. "

20. In § 95 (1) the word shall be: "forty-three" by the word "thirty-nine" replaced.

21. In Section 95 (2), the phrase "§ § 96 (4)," through the phrase "§ § 96 (7)," replaced.

22. § 96 (1) to (4) are:

" (1) After the election cards forwarded in accordance with Article 94 (3) of the other Land Electoral Authorities, the Land Electoral Authority has at least the continuous number in the fields, after making the data under the tab visible. Voters ' register "," municipality "and" foreign Austrian (in) " data are to be collected. A detection by means of a bar code or QR code, which may appear on the electoral map, is permitted. Afterwards, the voting card is up to the count (para. 2) to be officially kept under closure.

(2) On the fourth day after the election day, 9 a.m., the Land returning officer, under observation by the members present, shall examine the election cards forwarded by the other Land electoral authorities in accordance with Section 94 (3) to the integrity of the closure and on the visibility of the data and the signature of the voter. He then checks whether the affictiy statements appear on the voting cards (Section 60 (2)). Election cards which do not fulfil these conditions must not be included in the results assessment. After that, the Land returning officer opens the voting cards, takes the included election envelopes included in it and puts them in a container prepared for this purpose. Election cards, which have an invalidity reason pursuant to § 60 (3) Z 2 to 5, may also not be included in the results of the results. The Land Election Authority shall attach the electoral authority to the Wahlact under closure.

(3) After that, the Land Electoral Authority shall add to the container the election envelopes issued by the Land constituency in accordance with Section 94 (1) and the elective envelopes sent by the other Land electoral authorities pursuant to Section 94 (3).

(4) After that the Land Election Authority shall open the ballot box located in the container after thorough mixing, to withdraw the ballot papers, and to check the validity of the invalid ballot papers with due regard to § § 78 to 83. Numbers to be provided and identified:

1.

the total amount of valid and invalid votes cast;

2.

the sum of the invalid votes cast;

3.

the sum of the valid votes cast;

4.

the valid votes cast on the individual parties (party totals);

5.

the sum of the invalid and non-adorable votes from electoral envelopes that did not contain an official ballot. "

23. In § 96, the previous paragraphs 2 to 4 are given the name "(5) to (7)" and shall, in the first sentence of paragraph 5, be the phrase "in accordance with paragraph 1" through the phrase "in accordance with paragraph 4" replaced.

The first sentence of Article 98 (2) reads as follows:

" For this purpose, the Land Electoral Authority shall determine, on the basis of the preferential votes minutes of the district electoral authorities (Section 90 (4)) and the ballot counted in accordance with Article 96 (4), the total sum of the preferred votes, which shall be applied to each of the votes cast on the ballot paper the regional candidates of the regional constituencies of the regional constituency are not required. "

25. § 99 para. 2 lit. d is:

" (d)

the findings in accordance with section 96 (4); "

26. In Section 100 (2), the phrase "§ 96 (2)" through the phrase "§ 96 (5)" replaced.

27. § 102 (2), first sentence reads:

" For this purpose, the Land Electoral Authority shall determine, on the basis of the preferential votes minutes of the district electoral authorities (Section 90 (4)) and the ballot counted in accordance with Article 96 (4), the total sum of the preferred votes, which shall be applied to each of the votes cast on the ballot paper the candidates of the selected national party list in the Land constituency shall be omitted. "

28. § 103 (2) (lit). d is:

" (d)

the findings in accordance with section 96 (4); "

29. In Section 103 (3), the phrase "§ 96 (2)" through the phrase "§ 96 (4)" replaced.

30. § 105 (2) reads:

"(2) The electoral markets of the Land Electoral Authority shall be sent without delay to the Federal Electoral Authority under closure."

31. In § 108 (1), the phrase "§ 96 (2)" through the phrase "§ 96 (5)" replaced.

32. In Section 110 (1), the word order shall be "§ 108 (4)" through the phrase "§ 108 (6)" replaced.

33. In Section 120 (5), the phrase "§ 96 (1)" through the phrase "§ 96 (2)" replaced.

34. § 127b together with headline reads:

" Transitional provision

§ 127b. If changes in the composition of electoral authorities result from Section 14 (3), the procedure shall be analogous to Article 19 (6). "

§ 129 shall be added to the following paragraph 8:

" (8) § § 39 para. 1 and 3, 60, 70 para. 3, 85 para. 2 lit. k, 85 para. 3 lit. c, i and k, 85 para. 9, 86 para. 1, 88, 89, 90 para. 1, 2 and 8, 92, 94 para. 1 and 3, 95 para. 1 and 2, 96, 98 para. 2, 99 para. 2 lit. d, 100 para. 2, 102 para. 2, 103 para. 2 lit. d, 103 (3), 105 (2), 108 (1), 110 (1), 120 (5), 127b and the title, 129 (8) and 3 in the version of the Federal Law BGBl. I n ° 158/2015 are due to 1. Jänner 2016 in force. "