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...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_115/BGBLA_2013_I_115.html

115. Federal law, with which the Federal Constitution Act (B-VG), the National Council election regulations 1992, the presidential electoral law of 1971, the European election rules, the Europe voters evidence Act, the Referendum Act 1972, the referendum law of 1989, the European citizens initiative Act and voters evidence law be modified in 1973

The National Council has decided:

Table of contents article 1: amendment of the Federal Constitution Act article 2: amendment of the National Council electoral code 1992 article 3: change the presidential electoral law 1971 article 4: amendment of the European election procedure article 5: amendment of the European voters evidence Act article 6: amendment to the Referendum Act 1972 article 7: change of the Volksbefragungsgesetzes1989 article 8: amendment to the European citizens initiative Act article 9: amend the electoral evidence Act 1973 articles 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, most recently amended by the Federal Constitution Act, Federal Law Gazette I no. 114/2013, is amended as follows:

1 article 6 paragraph 4 reads:

"(4) in matters pertaining to the holding of elections of the President, by elections to the General representative bodies and the European Parliament, the election of the mayor by the beneficiaries to the election of the local Council, in matters pertaining to the implementation of referendums, plebiscites and referendums on the basis of the Federal Constitution or the Constitution of a country, as well as in matters pertaining to the immediate participation which to the Municipal Council electors on the care of the Affairs of the own area of effect of the community apply for the duration of arrest or detention in the sense of" Federal Constitutional law on the protection of personal freedom, Federal Law Gazette No. 684/1988, the last, outside of the place of arrest or detention residences and the last main residence located outside of the place of arrest or detention prior to arrest or detention as residences or principal residence of the person detained or suspended."

2. in article 10, par. 1 Z 1 in the amended Federal Law Gazette I no. 51/2012 is the term "Referendum" by the phrase "and referendums, plebiscites and referendums" replaced.

3. in article 130 paragraph 5 as amended by Federal Law Gazette I no. 51/2012 is after "The word order include the word" "If other is not determined in this law" appended.

4. in article 141, paragraph 1 lit. (g) in the version of Federal Law Gazette.  I no. 51/2012 is after the word "Authorities" the phrase "and - unless provided nation - or landesgesetzlich - the administrative courts" inserted.

5. Article 151 is added the following paragraph 55:

"(55) article 6 paragraph 4, article 10 para 1 subpara 1, article 130 paragraph 5 and article 141 para 1 lit." I will take no. 115/2013 g in its version of the Federal Constitution Act, Federal Law Gazette 1 January 2014 effect.

Article 2

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, as last amended by the election law adaptation Act 2012, Federal Law Gazette I no. 106/2012, is amended as follows:

1. in article 12, paragraph 5, the word order is replaced 'opposition and appeal proceedings"by the phrase"Rectification and appeal proceedings".

2. section 20a para 4 No. 5 is: "5. also after end of the access period in accordance with section 25 in the electoral roll, as well as in acts of correction requests (section 28) and appeal proceedings (§ 32) to inspect."

3. § 25 para 2 to 5 are:

"(2) the launch of the voter list has the Mayor prior to commencement of the inspection period object to be published. The announcement has also the the electoral roll is inspection period, the daylight hours for the inspection, which - except on Sundays and bank holidays - not less than four hours may be sized, the designation of the office spaces in which to contain the official place of adjustment requests against the electoral roll can be inserted, as well as the provisions of paragraph 3 and of sections 28 and 33. In determining the hours of the day for the consultation to take allow the inspection also outside normal working hours is carefully. On Sundays and bank holidays allowing inspection can be avoided.

(3) within the inspection period, everyone on the electoral roll can inspect.

(4) from the first day of the launch on changes in the electoral rolls may be necessary only due to supplementary and appeal proceedings. Excepted from this are deletions according to § 24 para 4, the Elimination of obvious mistakes in the registration of voters, as well as resolution to form defects, in particular the correction of typing errors or computer errors.

"(5) the municipal returning officer has election observers (section 20a para 1) after the end of the inspection period to the Office hours access in the electoral rolls, as well as in acts of correction requests (section 28) and appeal proceedings (§ 32) to grant."

4. in article 26, paragraph 1, the word "Objection" is replaced by the word "Correction requests".

5. in article 27, paragraph 2, the word "Weeks" is replaced by the word "Days".

6 paragraph 28 together with the heading:

"Correction requests

28. (1) within the inspection period each citizen stating his name and address against the electoral roll to the official body designated to receive correction requests can (§ 25 paragraph 2) in writing or verbally make rectification applications. The applicant may request the inclusion of voters in the electoral roll or the deletion of not voting in the electoral roll.

(2) the rectification applications must arrive at the official site, where they introduce are, even before the inspection period expires.

(3) the request for correction is if he is brought up in writing to provide separately for each Berichtigungsfall. The request for correction has the recording of a voter on the subject, so are also the justification of the amendment request necessary documents, in particular one of the supposedly voting, as far as this is not a citizen living abroad, to join completed voter attachment sheet (sample Appendix 1 of the voters evidence Act 1973). The deletion of not voting is requested in the request for correction, the reason for this is to specify. All correction requests, also poor documented, are by the authorities for this purpose appointed to receive and forward. A request for correction of several applicants is signed, so the first is considered, if not a process agent is called, undersigned delivery authorized.

(4) a person who obviously intentionally shall correction requests, commits an administrative offence and is up to 218 euro fine to punish with imprisonment up to two weeks in the case of recovery."

7 paragraph 29:

"§ 29 (1) has the community of the people against their inclusion in the electoral roll, a correction request was filed to communicate about this, while notifying them of the reasons within 24 hours of receipt of the correction request. Interested parties are free to raise objections to the Authority appointed to decide on the request for correction within four days of delivery of the communication in writing or orally.

(2) the name of the applicant are subject to the secrecy. They are requested to announce. the criminal courts"

8 paragraph 30 together with the heading:

"Decision on amending motions

Section 30 (1) on a request for rectification has the municipality election authority within six days after the end of the access period outside of Vienna, to decide the district election office in Vienna. section 7 of the General administrative procedures Act 1991 shall apply.

(2) the community has by decision in writing without delay to inform those affected. the decision the applicant as well as the"

9 paragraph 32 along with heading:

"Complaints

32. (1) against the decision in accordance with article 30, paragraph 1 can the applicant as well as of the decision affected within two days after notification of the decision in the municipality in writing bring a complaint of. The municipality has to communicate that is at liberty, two days after the understanding given to him in the complaint Act the respondent of the tabled appeal immediately with the note inspection and to the submitted complaint reasons.

(2) a decision on the complaint, the Federal Administrative Court has to decide within four days after their receipt at the municipality.

(3) paragraph 2 as well as article 31 are to apply the provisions of § 28 para 2 to 4 and 30.

10 § 33 and heading is as follows:

"Treatment of rectification applications 1973 collected under the electoral law of evidence and complaints


§ 33. On the rectification requests at the beginning of the inspection period according to the regulations of the electoral evidence Act 1973 as amended (sections 4 to 8) pending and complaints against the electoral evidence the sections 28 to 32 shall apply."

11. in article 34, paragraph 1, the phrase "Opposition and appeal proceedings" by the phrase "Rectification and appeal proceedings" will be replaced.

12. in article 35, paragraph 2, the phrase "Opposition and appeal proceedings" by the phrase replaced "Supplementary and appeal proceedings".

13. in article 36, paragraph 3, the phrase 'at the latest on the third day"is replaced by the phrase"at the latest on the 13th day".

14 paragraph 39 paragraph 3:

"(3) the election map is as lockable envelope to produce and has the prints apparent in the Appendix 3 to wear. By appropriate technical measures to ensure that the the voters personal data concerning, in particular the signature, before forwarding to the district election office, are covered by a lockable latch is and that it is possible after closing the electoral map by corresponding perforation to reveal the personal data of the selector and the affidavit with the district election office, without having this already opens the electoral map. The flap has to wear prints remarks according to the technical nature of the electoral map to their handling in the case of voting via absentee ballot, as well as to the forwarding of the electoral map. You may attach a barcode through the community. Voting cards for voters living abroad are to indicate in the appropriate section. Voting cards issued by means of automation-supported data processing sufficient instead of the signature of the Mayor the burial of his name; a certification by the Office is not required. The choice card forms are to provide the competent authorities on the basis of a regularly conducted needs assessment in sufficiently for the issuance of voting cards."

15. in article 48, paragraph 1 is replaced "provided" "seen before" through the word.

16. in article 52, paragraph 2, the phrase 'at the latest on the twenty-first day"is replaced by the phrase 'at the latest on the thirtieth day".

17 § 63 para 1 first sentence reads:

"(1) polling station on the day of the election at the set hour and where to specific the choice action is initiated by the returning officer of the electoral authority the electoral roll in addition to the prepared vote (sample Appendix 5) and possibly an electronically guided vote directory (§ 68 para 5), the electoral envelopes, and the official ballot (sections 75, 76) passes and you bring the provisions of §§ 17 and 18 of the quorum of the electoral authority to acknowledge."

18 the following paragraph 5 is added to § the 68:

"(5) the use of an electronically guided vote directory is permitted with the following stipulations: 1 establishing an electronically guided vote directory has to match the poll directory according to pattern Appendix 5."

2. the data of those who may be stored solely on external storage media which can be destroyed upon completion of the electoral process.

3. as soon as a page of the electronically guided vote directory is completely filled out, a paper copy of this page is to create.

4. the printed pages of the electronically guided vote directory form the vote directory's subsequent writing.

5. the members of the electoral authority, the trusted third parties, the Wahlzeugen and the accredited persons according to article 20a, paragraph 3 is to provide access to the electronically guided vote directory at any time.

6 in the case of failure of one of the computer components supporting the electronically guided vote directory is to interrupt the Election Act. Not on previously created print names of electors are to reconstruct on the basis of the voter list and to enter into a voting list in paper form (sample Appendix 5). Then election is without to continue use of the electronically guided vote directory."

19 § 69 para 1 first sentence reads:

"The name of the voter who gives his voice, is entered by a Member Directory of the vote under continuous number and funeral the ongoing number of voters directory or accordingly recorded in an electronic-led vote directory."

20 paragraph 75 paragraph 1:

"(1) the official ballots for the regional constituency of the country constituency have to earmark a large column for each choice promotional party. She has the list number, a circle, the party designation including the possible short term, each including free fields to the registration of the name or the sequence number of an applicant on the respective federal party list of the elected party and a candidate on the respective country party list of the elected party and candidate sections in the order in which of the regional party list with circles and Arabic numerals, stating the surname or last name, first name and year of birth , but taking into account the publication pursuant to paragraph 49 to contain the information apparent from the pattern Unit 6. In the same way, ballot templates are (to produce section 66 paragraph 1). The official ballots and the ballot templates can be used only on the orders of the State election authority and only after receipt of the communication of the Federal Election Commission pursuant to § 106 para 6."

21 § 76 para 1 first sentence reads: "The empty official ballot has sections in which the voters can enter the party name (short name) and the name of each or the sequence number of an applicant's respective federal party list, the respective country party list and the respective regional party list of the party of his choice, as well as the apparent from the pattern System 7 to contain."

22 § 79 ABS. 1 and 2:

"(1) the voters a preference vote for a candidate of the federal party list, the party list of the countries and the regional party list of the party of his choice can awarded.

(2) a preference vote for a candidate of the federal party list can forgive the voters through the registration of the name or the sequence number of the applicant's respective federal party list in the box provided on the official ballot. A preference vote for a candidate of the national party list can forgive the voters through the registration of the name or the sequence number of the applicant's respective country party list in the box provided on the official ballot. The registration is valid when is evident from her, which wanted to refer to candidates of the selected party of voters. "This is especially the case if the registration at least the family name or last name of the applicant or the sequence number of the respective federal party list or the respective country party list or applicants same federal party or same country party list with same name at least contains the sequence number."

23 § 81 para 1 No. 7 is: "7 enter just the name or the sequence number of a candidate in a field that was, belongs to a party list or a federal party list, where the name or sequence number of the applicant on the relevant proposal has not been published, or" 24 § 82 para. 2 is: "(2) the election cards voters can at him followed out empty official ballot by registration of the name or the sequence number of an applicant on the respective federal party list ", a candidate on the respective country party list and a candidate on the respective regional party the party of his choice each a preferential voting valid award."

25 paragraph 111 para 3:

"(3) a to consider candidates, who is appointed for a mandate become free, rejects this appeals, he remains so yet in the series on the party list. "A rejection is equal to keep, if a to consider candidates, who occupies an Office incompatible with the exercise of a mandate under federal rules, not within eight days of becoming free of the mandate the incompatible Office demonstrably laid back."

25A. Article 122, paragraph 1 reads:

"(1) not else where in this federal law probably is, written submissions to may be introduced in accordance with the available technical means."

26 § 127 shall be added the following section 127a together with heading: "references

section 127a. As far as other federal laws is referenced in this federal law provisions, they are in their currently valid version to apply."

26A. receives the second paragraph of the paragraphs that are the sales designation (4), (5) paragraph designated in section 129.

27 § 129 the following paragraph 6 is added:


"(6) the section 12 para 5, § 20a Z 5, § 25 para 2-5, section 26, paragraph 1, the word"Correction requests"in the heading to § 28, § 28, § 29, the phrase"Decision on amending proposals"in the heading to section 30, paragraph 30, the word"Complaints"in the heading to § 32, § 32, the phrase"Treatment of rectification applications 1973 collected under the electoral law of evidence and complaints"in the heading to § 33" , Article 33, article 34, paragraph 1, and section 35 paragraph 2 as amended by Federal Law Gazette.  I 115/2013 contact no. 1 January 2014 into force."



28. the Appendix 3, front, is as follows:

Annex 3, front paper color: white



29. the Appendix 3, rear, is as follows:

Annex 3, back side



30. the annex 6 is as follows:

Annex 6



31. the annex 7 is as follows:

Annex 7



Article 3

Amendment of the 1971 federal election law

The presidential electoral law in 1971, BGBl. No. 57/1971, as last amended by Federal Law Gazette I no. 58/2012, is amended as follows:

1. the title is as follows: