Amendment Of The Federal Constitution Act (B-Vg), The National Council Election Regulations 1992, Of The 1971 Federal Election Law, The Elections Right, Of The European Voters Evidence Law, Of Volksabstimm...

Original Language Title: Änderung des Bundes-Verfassungsgesetzes (B-VG), der Nationalrats-Wahlordnung 1992, des Bundespräsidentenwahlgesetzes 1971, der Europawahlordnung, des Europa-Wählerevidenzgesetzes, des Volksabstimm...

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115. Federal Law, with which the Federal Constitutional Law (B-VG), the Electoral Regulations of the National Council in 1992, the Federal Presidential Electoral Act 1971, the European Electoral Regulations, the European Electoral Evidence Act, the People's Votes Act in 1972, the People's Order Act, 1989, The European Citizens ' Initiative Act and the Voting Evidence Act 1973 will be amended

The National Council has decided:

table of contents

Item

1: Amendment of the Federal Constitutional Law

Item

2: Amendment of the National Council of the Electoral Regulations 1992

Item

3: Amendment of the Federal Presidential Elections Act 1971

Item

4: Amendment of the European Electoral Regulations

Item

5: Amendment of the European Electoral Law

Item

6: Amendment of the 1972 People's Voting Act

Item

7: Amendment of the 1989 People's Court of Law

Item

8: Amendment of the European Citizens ' Initiative Act

Item

9: Amendment of the Voter Evidence Act 1973

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Constitutional Law BGBl. I No 114/2013, shall be amended as follows:

1. Article 6 (4) reads:

" (4) In the affairs of the conduct of the election of the Federal President, elections to the general representative bodies and the European Parliament, the election of the mayor by the persons entitled to vote in the election of the local council, in the Matters relating to the holding of people's desire, referendums and referendums on the basis of the Federal constitution or a national constitution, as well as in the affairs of the direct participation of the persons entitled to vote in the municipal council Concern for the affairs of the community's own sphere of action apply to the Duration of arrest or posture within the meaning of the Federal Constitutional Law on the Protection of Personal Freedom, BGBl. No 684/1988, the last residences situated outside the place of arrest or detention and the last main residence, situated outside the place of arrest or detention, before arrest or detention as residences or residences, respectively. Main residence of the person arrested or held. "

2. In Art. 10 sec. 1 Z 1 in the version BGBl. I N ° 51/2012 is the expression "Referendums" through the phrase "and people's desire, referendums and referendums" replaced.

3. In Art. 130 (5) in the version BGBl. I N ° 51/2012 shall be adopted after the word "belong" the phrase "unless otherwise specified in this law" .

4. In Art. 141 (1) (lit). g in the version BGBl. I N ° 51/2012 shall be adopted after the word "Managing Authorities" the phrase "as well as-insofar as federal or national law provides-the administrative courts" inserted.

(5) Article 151 is added to the following paragraph 55:

" (55) Art. 6 (4), Art. 10 (1) (1) (1) (1), Art. 130 (5) and Article 141 (1) (lit). g in the version of the Federal Constitutional Law BGBl. I n ° 115/2013 will be 1. Jänner 2014 in force.

Article 2

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 Electoral Law Adaptation Act 2012, BGBl. I No 106/2012, shall be amended as follows:

1. In Section 12 (5), the phrase "Appeal and appeal procedures" through the phrase "Supplementary and appeal procedures" replaced.

2. § 20a (4) Z 5 reads:

" 5.

, even after the end of the consultation period according to § 25, to be included in the voters ' register, as well as in files relating to amending applications (§ 28) and appeal proceedings (§ 32). "

3. § 25 (2) to (5) are:

" (2) The listing of the voters ' register shall be made available to the mayor in a local language prior to the beginning of the inspection period. The presentation also includes the consultation period, the day-to-day hours of inspection, which may not be less than four hours, except on Sundays and on public holidays, the name of the offices in which the the list of voters, the office of office in which requests for correction can be made against the voters ' register, as well as the provisions of paragraph 3 and sections 28 and 33. When setting the hours for the inspection, it should be taken into consideration that the inspection is also made possible outside normal working hours. On Sundays and on public holidays, the possibility of inspection may not be possible.

(3) Within the inspection period, anyone can inspect the voters ' register.

(4) From the first day of the presentation, changes in the electoral registers may only be made under the terms of the correction and appeal procedure. Exceptions to this are any deletions pursuant to section 24 (4), the elimination of manifest inaccuracies in the entries of persons entitled to vote as well as the elimination of formal inaccuracies, in particular the correction of write errors or EDP errors.

(5) The municipal returning officer shall grant election observers (Section 20a (1)), even after the end of the consultation period, to inspect the voters ' registers as well as in files relating to amending applications (§ 28) and the appeal proceedings (§ 32). "

4. In § 26 (1) the word "Objections" by the word "Amending requests" replaced.

5. In § 27 (2) the word "Weeks" by the word "Days" replaced.

6. § 28 together with the title is:

" Amending requests

§ 28. (1) Within the inspection period, any citizen, stating his name and the home address, may in writing or orally against the voters ' register at the office designated for the purpose of receiving amending applications (Article 25 (2)). Amendments shall be made. The applicant may request the inclusion of a person entitled to vote in the voters 'register or the deletion of a non-entitled person from the voters' register.

(2) The requests for correction shall be submitted at the office where they are to be submitted, before the end of the inspection period.

(3) The amending application shall, if it is tabled in writing, be submitted separately in respect of each of the amending cases. If the request for correction relates to the admission of a person entitled to vote, the supporting documents required for the purpose of the amendment, in particular a person entitled to vote, shall also be required, insofar as it is not a matter of a foreign country. , to join a full-size voter (model Annex 1 of the Voter Evidence Act 1973). If the request for correction is sought by a non-eligible person, the reason for this shall be stated. All requests for correction, also defective, are to be accepted and forwarded by the bodies appointed for this purpose. Where a request for correction has been signed by a number of applicants, the following shall apply if there is no mention of an order representative, who shall be the first person to be authorised to give an authorisation.

(4) Anyone who appears to be presumably subject to an amendment to the law shall be subject to an administrative surrender and shall be fined up to € 218 in the case of non-liability with a substitute custodial sentence of up to two weeks. "

7. § 29 reads:

" § 29. (1) The congregation shall notify the persons against whom an amendment has been made to the voters ' register, with the simultaneous announcement of the reasons within 24 hours after the request for correction has been received. The persons concerned shall be free to submit, in writing or orally, objections in writing or orally to the authority appointed to decide on the request for correction within four days of notification of the agreement.

(2) The names of applicants shall be subject to official secrecy. They shall be known to the criminal courts on request. "

8. § 30 together with headline reads:

" Decision on amending applications

§ 30. (1) Within six days of the end of the inspection period outside Vienna, the municipal election authority shall decide on an amending application to decide the district election authority in Vienna. § 7 of the General Administrative Procedure Act 1991 shall apply.

(2) The municipality shall inform the applicant of the decision as well as the person concerned by the decision without delay in writing. "

9. § 32 together with headline reads:

" Complaints

§ 32. (1) In the event of the decision pursuant to Section 30 (1), the applicant and the person concerned by the decision may make a written complaint to the congregation within two days of the notification of the decision. The congregation has to inform the respondent immediately of the complaint lodged with the notice that it is free to inspect and to view the complaint within two days of the agreement reached by him in the appeal. to take a position on the grounds of appeal.

(2) The Federal Administrative Court shall decide on the appeal within four days of the date on which it has been lodged with the municipality.

(3) The provisions of § § 28 (2) to (4) and 30 (2) and § 31 shall apply. "

10. § 33 with headline reads:

" Treatment of requests for correction and complaints made in accordance with the 1973 Voter Evidence Act

§ 33. § § 28 to 32 are to be applied to requests for correction and complaints against the voter's evidency, which are not yet decided at the beginning of the inspection period in accordance with the provisions of the 1973 Electoral Law Act as amended (§ § 4 to 8). "

11. In Section 34 (1), the phrase "Opposition and appeal proceedings" through the phrase "Supplementary and appeal procedures" replaced.

12. In Section 35 (2), the word order shall be "Opposition and appeal proceedings" through the phrase "Supplementary and appeal procedures" replaced.

13. In Section 36 (3), the phrase "at the latest on the third day" through the phrase " at the latest by the 13. Day " replaced.

Section 39 (3) reads as follows:

" (3) The electoral card shall be prepared as a lockable envelope and shall bear the imprints shown in Appendix 3. Appropriate technical precautions shall be taken to ensure that the personal data relating to the persons entitled to vote, in particular its signature, before being forwarded to the District Electoral Authority, are covered by a lockable tab. and that after the closing of the voting card through appropriate perforation it is possible to make the personal data of the voter as well as his/her affidavit visible to the district electoral authority, without thereby making the voting card already is opened. In accordance with the technical nature of the voting card, the tongue shall bear imprints with indications of its handling in the case of voting by means of postal ballot and for the forwarding of the electoral card. A barcode is allowed by the municipality. Voting cards for persons entitled to vote with a main residence abroad are to be marked in the corresponding section. In the case of voting cards issued by means of automation-assisted data processing, it is sufficient to replace the name of the mayor instead of the signature of the mayor; no authentication by the firm is required. The forms of voting cards shall be made available to the authorities responsible for issuing the electoral cards to a sufficient extent on the basis of a regularly-to-be-implemented needs survey. "

15. In § 48 (1), the word "Anticipated" by the word "foreseen" replaced.

16. In Section 52 (2), the phrase "at the latest on the twenty-first day" through the phrase "at the latest on the thirtieth day" replaced.

17. § 63 (1) first sentence reads:

" (1) On the day of the election at the fixed hour and in the polling station designated for that purpose, the electoral procedure shall be initiated by the electoral director, who shall list the voters ' register with the electoral authority in addition to the prepared voting list (model Annex 5), and an electronically-controlled voting list (§ 68 (5)), the election envelopes and the official ballot papers (§ § 75, 76), and inform it of the provisions of § § 17 and 18 on the quorum of the election authority. "

18. The following paragraph 5 is added to § 68:

" (5) The use of an electronically controlled voting list shall be permitted with the following measures:

1.

The structure of an electronically controlled voting list shall be in accordance with the voting list in accordance with Annex 5.

2.

The data of the persons entitled to vote may be stored exclusively on an external data carrier which is to be destroyed after the conclusion of the electoral process.

3.

As soon as one page of the electronically controlled voting list is completely filled, a paper expression of this page must be created.

4.

The printed pages of the electronically controlled voting list shall form the voting list to be included in the minutes.

5.

The members of the electoral authority, the confidants, the electoral witnesses and the accredited persons in accordance with Section 20a (3) shall be granted access to the voting list at any time in the electronically controlled voting system.

6.

In the event of a failure of one of the EDP components supporting the electronically controlled voting list, the voting procedure shall be interrupted. The names of the persons entitled to vote, which do not appear on previously created prints, shall be reconstructed on the basis of the voters ' register and shall be entered in a voting register in paper form (Appendix 5). After that, the ballot shall be continued without using the electronically controlled voting list. "

19. § 69 (1) first sentence reads:

'The name of the voter who gives his vote shall be entered by a co-sitter in the voting list, with continuous numbers and by the continuation of the number of voters' registers, or, accordingly, in an electronic voting system. shall be recorded. "

Article 75 (1) reads as follows:

" (1) The official ballot papers for the regional constituencies of the regional constituency shall have to provide for each elective party a column of the same size. It has the list number, a circle, the party title, including the all-due short title, each including free fields for the registration of the name or the number of a candidate on the respective federal party list of the the chosen party and an applicant on the respective national party list of the elected party, as well as candidate headings in the order of the regional party list with circles and Arabic numerals, specifying surnames or surnames, first names and Year of birth, but otherwise taking into account the provisions of section 49 Publication of the information shown in Appendix 6. In the same way, ballot paper templates (§ 66 para. 1) are to be produced. The official ballot papers and the ballot paper templates may only be produced on the order of the Land Electoral Authority and only after the Federal Electoral Authority has received the notification in accordance with Section 106 (6). "

The first sentence of Article 76 (1) reads as follows:

" The empty official ballot paper has headings in which the voter has the party title (abbreviated name) and the name or the number of a candidate of the respective federal party list, the respective national party list and the respective party list. The regional party list of the party to which he is elected may enter, as well as the information shown in Appendix 7. "

22. § 79 Abs.1 and 2 are:

" (1) The voter may each award a preference vote for an applicant of the Federal Party List, the Land Party List and the Regional Party List of the party he has elected.

(2) A preferred vote for an applicant of the Federal party list may be given by the voter by registering the name or the number of the applicant's number of the respective federal party list in the field provided for this purpose on the official ballot. A preferential vote for an applicant of the Land Party list may be awarded to the voter by the registration of the nominee's name or the number of the nominee for the respective Land party list in the field provided for this purpose on the official ballot. The registration shall be valid if it is clear from it which candidate the elected party of the electorate wished to designate. This is the case, in particular, where the registration of at least the applicant's surname or surname or the serial number of the respective federal party list or the respective national party list or in the case of applicants of the same is the case. In any case, the national party list or the same national party list with the same name shall contain the maturity number. "

23. § 81 (1) Z 7 reads:

" 7.

only the name or number of the applicant has been entered in a field which is part of a national party list or a federal party list in which the applicant's name or number does not apply to the nominee's nomination has been published, or "

Section 82 (2) reads as follows:

" (2) The electoral card selector may, on the empty official ballot followed, by registration of the name or number of the applicant on the respective federal party list, of an applicant on the respective national party list and of a Nominee on the respective regional party list of the party elected by him in each case a preferential vote valid. "

Section 111 (3) reads as follows:

" (3) If a candidate to be considered, who is appointed for a vacated mandate, devotes this appeal, he remains in the series on the party list. A rejection shall be deemed to be equivalent if a candidate to be taken into account who has held an office incompatible with the exercise of a mandate in accordance with federal legislation does not take office within eight days from the date of release of the term of office of the office of demonstrably completed. "

25a. § 122 (1) reads:

"(1) Unless otherwise specified in this Federal Act, written application may be made in accordance with the available technical means."

26. § 127 shall be added to the following § 127a together with the heading:

" referrals

§ 127a. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version. "

26a. In § 129, the second paragraph of the paragraphs, which shall be replaced by the sales designation "(4)" , the sales designation "(5)" .

27. § 129 is added to the following paragraph 6:

"(6) § 12 para. 5, § 20a Z 5, § 25 para. 2 to 5, § 26 para. 1, the word" letter of amendment "in the headline to § 28, § 28, § 29, the phrase" decision on amending requests "in the heading to § 30, § 30, the word" complaints " in the Title to § 32, § 32, the phrase "Treatment of the requests for correction and complaints made pursuant to the Voting Evidence Act 1973" in the title of § 33, § 33, § 34 (1) and § 35 (2) in the version BGBl. I n ° 115/2013 will be 1. Jänner 2014 in force. "

28. Annex 3, front, reads:

Appendix 3, front Paper color: white

29. Annex 3, reverse side, reads:

Appendix 3, Back

30. The Annex 6 reads:

Appendix 6

31. The Annex 7 reads:

Appendix 7

Article 3

Amendment of the Federal Presidential Elections Act 1971

The Federal Presidential Elections Act 1971, BGBl. No 57/1971, as last amended by the Federal Law BGBl. No 58/2012, shall be amended as follows:

1. The title is: