Change The National Council Election Regulations 1992 - Nrwo

Original Language Title: Änderung der Nationalrats-Wahlordnung 1992 - NRWO

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66. Federal Act amending the Federal Act on the Election of the National Council (National Council Electoral Regulations 1992-NRWO)

The National Council has decided:

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 106/2012, shall be amended as follows:

The following sentence shall be added to section 39 (3):

"Voting card forms shall be made available to the authorities responsible for issuing the electoral cards to a sufficient extent on the basis of a needs survey which is to be carried out on a regular basis."

2. § 39 (4) penultimate sentence reads:

"The envelope shall also be followed by a statement in accordance with section 49 (8) and a statement pursuant to Section 106 (7)."

3. In Section 42 (1), the word order shall be "at the latest on the forty-four-day day" through the phrase "at the latest on the fifty-eighth day" replaced.

4. In Section 46 (2), the word order shall be "at the latest on the forty-first day" through the phrase "at the latest on the fifty-fifth day" replaced.

5. In Section 46 (3), the phrase "at the latest on the thirty-eighth day" through the phrase "not later than the fifty-second day" replaced.

6. In § 47, the phrase "at the latest on the forty-first day" through the phrase "at the latest on the fifty-fifth day" replaced.

7. In Section 48 (1), the phrase "at the latest, however, at the forty-first day" through the phrase "at the latest, however, on the fifty-fifth day" replaced.

8. In Section 48 (2), the phrase "at the latest on the thirty-eighth day" through the phrase "not later than the fifty-second day" replaced.

9. § 49 (1) reads:

" (1) At the latest on the fifty-second day before the election day, the Land Election Authority shall conclude the election proposals. If a national party list or a regional party list contains exaggerated candidates, they should be deleted. Subsequently, the election proposals must be published and the Federal Electoral Authority shall be immediately informed by electronic means. "

10. In § 49 (3), the word order shall be "at the latest on the thirty-eighth day" through the phrase "not later than the fifty-second day" replaced.

The following paragraph 8 is added to § 49:

" (8) The Land Electoral Authorities shall have the authorities responsible for issuing the electoral cards at the latest on the thirtieth day before the election (Section 39 (4)), in which the published election proposals of the Land constituency are listed in the The extent of the provided voting card forms (Section 39 (3)). "

12. In § 50 (1) the word order shall be "at the latest on the forty-first day" through the phrase "at the latest on the fifty-fifth day" replaced.

13. In § 50 (2) the word order shall be "up to the forty-first day" through the phrase "up to the fifty-fifth day" replaced.

14. § 54 Last sentence reads:

"Before each polling station, the published election proposals shall be made available in accordance with § 49 (6), second sentence, and § 106 (6)."

Section 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 a free space for the registration of an applicant on the federal party list of the selected party and of an applicant the 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 name and year of birth, but in any case taking into account the publication, pursuant to § 49, of the specimen Appendix 6 to be included in the list. 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). "

Section 75 (2) is added to the following sentence:

"In the case of those electoral parties for which the Federal Electoral Authority has not published a federal election proposal, the field provided for the award of preferential votes for the Federal Party list shall be provided with hatching."

17. § 76 (1) first sentence reads:

" The empty official ballot paper has headings in which the voter can enter the party title (short name) and one candidate in each of the federal party lists, the national party list and the regional party list of the party he has elected, and shall contain the information shown in Appendix 7. "

18. § 79 (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 awarded to the voter by the registration of the name of the applicant 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 name of the applicant 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 shall be the case, in particular, where the registration of at least the applicant's surname or surname or, in the case of candidates of the same national party list, or the same national party list with the same name, a corresponding Distinguishing feature (for example, indication of the maturation digits in the federal party list or in the national party list, the first name, year of birth, profession or address). "

Article 81 (1) Z 6 shall be added to the following Z 7:

" 7.

only one applicant has been entered in a field which is part of a national party list or a federal party list in which the nominee's name has not been published on the relevant nomination, or "

20. In § 81 (1), the previous Z 7 receives the title "8." .

21. § 82 (2) reads:

" (2) The electoral card selector may, on the empty official ballot that has been followed, by registering the name of an applicant on the Federal Party List, an applicant on the Land Party List and an applicant on the regional party list of the A preferred party shall be given a preferential vote in each of the parties. "

22. § 83 (1) (4) the following Z 5 shall be added:

" 5.

only one candidate of a federal party list has been designated by which no national election proposal has been published in the national constituency, or "

23. In Section 83 (1), the previous Z 5 is given the name "6." .

Section 84 (6) reads as follows:

" (6) After that, the electoral authority shall determine the preferred votes cast on each candidate on the party lists of a Land electoral proposal published in the Land constituency, as well as on a federal party list, and shall have the right to vote in a To maintain the minutes of the vote. "

Section 86 (2) third sentence reads:

" On the basis of the preferential votes protocols of the Sprengelelectoral authorities, they have for each candidate on the party lists of a Land electoral proposal published in the Land constituency and for each candidate on a federal party list those on him in each case, to identify the relevant voting rights and to maintain the local authority in preferential terms. "

Section 90 (4) reads as follows:

" (4) Finally, the District Electoral Authority has, 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 candidate on the party lists of one in the national constituency , to determine the preference votes for each candidate of a federal party list, in accordance with § 91, and to maintain the area of the voting district in preferential voting records. "

27. § 96 (2) reads:

" (2) After that, the Land Electoral Authority shall summarize the investigations made pursuant to paragraph 1 and the reports submitted in accordance with Section 90 (2) and shall immediately disclose the investigation to the Federal Electoral Authority. Subsequently, the Land Electoral Authority shall determine the preferred votes on the candidates of the Federal Party List on the basis of the preferential voting protocols submitted by the district electoral authorities in accordance with Section 90 (4) of the Federal Electoral Council and in a separate To maintain the minutes of the vote. "

The first sentence of Article 98 (3) reads as follows:

"The mandates to be awarded shall be allocated in the first place to those regional applicants who have obtained preferential votes on the level of at least 14% of the valid votes cast on their party in the regional constituency."

29. § 99 para. 2 lit. f is:

" f)

the names of the regional candidates elected by each regional party list in the order in which they are to be appointed, as appropriate, by apportioning the number of preferential votes they have received; "

30. § 102 (3) first sentence reads:

" The mandates to be awarded shall be allocated in the first place to those candidates who are at least as many preferential votes as the electoral number, or of at least 10% of the minimum number of votes cast on their party in the national constituency. valid votes. "

31. § 103 (2) lit. f is:

" f)

the names of the candidates elected by each national party list in the order of their vocation, as appropriate, with the number of preferred votes cast on them; "

32. § 103 (3), first sentence reads:

"The minutes of the Landeselectoral authority on the second investigation procedure are to be followed by the minutes of the first investigation procedure, the preferential voting protocol of the Land constituency as well as the preferential voting protocol in accordance with § 96 (2)."

33. In § 106 (2), the word order shall be "at the latest on the twentieth day" through the phrase "at the latest on the forty-eightieth day" replaced.

34. § 106 (6) and (7) are:

" (6) At the latest on the forty-fourth day before election day, the Federal Electoral Authority shall complete the Federal Elections proposals and shall, on the official board of the Federal Ministry of the Interior and on the Internet, complete the nominations of street names and order numbers. can be leaned. At the same time, it has to inform the national electoral authorities of the published election proposals by electronic means.

(7) The Federal Electoral Authority shall, at the latest on the thirtieth day before the election, in which the published Federal Election proposals are led, shall have the competent authorities responsible for issuing the electoral cards to the extent of the provided To make available voting card forms (§ 39 para. 3). "

35. In § 106, the previous paragraph 7 receives the sales designation "(8)" .

36. § 108 reads:

" § 108. (1) The Federal Electoral Authority shall first determine the preference votes on the candidates of the Federal Elections Proposals on the basis of the preferential voting protocols submitted by the Land electoral authorities in accordance with Article 96 (2) and in their own Record the preferred protocol.

(2) The mandates assigned in the third investigation procedure (§ 107) shall first be assigned to those applicants who have obtained preferential votes in the Federal Republic on the extent of at least 7% of the valid votes cast on their party. The order in which the mandates are allocated depends on the order in which each applicant's priority votes are given, the order of which begins with the maximum number of preferred votes, each of which shall be the next lower number of votes. Preference is followed. If candidates have the same entitlement to the assignment of a mandate, the endorsements of the candidates on the federal party list shall be decisive.

(3) Mandates of a party which cannot, or are not, entirely awarded to candidates on the basis of the preference votes shall be assigned to the candidates of the parties in the order of the Federal Party List. In this case, candidates who have already been assigned a mandate on the basis of their preference votes shall not be taken into consideration. Unelected candidates shall be taken into account in the event that a mandate of their list is dealt with on the federal election proposal. The order of their appeal is determined according to the order on the federal party list.

(4) The Federal Electoral Authority has to summarize the result of its findings in the third investigation procedure as follows:

a)

the number of party totals in the federal territory that are paid to each party;

b)

the number of mandates to each party;

c)

the names of the candidates to whom mandates have been assigned in accordance with Section 107 (8), in the order in which they are to be appointed, and, if appropriate, by the number of the preferred votes cast;

d)

the names of the relevant non-elected candidates, taking into account the findings referred to in paragraph 2.

(5) The result of the investigation by the Federal Electoral Authority is recorded in a transcript. This transcript shall contain at least:

a)

the names of the members of the Federal Electoral Authority who are present and absent;

b)

the findings referred to in paragraph 4.

(6) The result of the investigation shall be immediately available in the form referred to in paragraph 4. The agreement has been published on the Internet and the results of the preferential votes and the names referred to in paragraph 4 (4) are omitted. d to be taken on the official board of the Federal Ministry of the Interior. The voyage also has to contain the date on which it was struck at the office panel.

(7) Upon request, the Federal Returning Officer shall, at the best of the election observers present (Section 20a (1)), follow up a summary of the result of the vote of the electoral authority, which he undertook. "

Section 129 shall be added to the following paragraph 4:

" (4) § § 39 (3) and (4), 42 (1), 46 (2) and (3), 47, 48 (1) and (2), 49 (1), (3) and (8), 50 (1) and (2), (54), (1) and (2), (2), (1) and (2), (1) and (2), (1) and (2), (1) and (8), (2), (2) and (8), (2), (2), (6) and (6), (6), 86 ( Paragraph 2, 98 (3), 99 para. 2 lit. f, 102 para. 3, 103 para. 2 lit. f and (3), 106 (2), (6) (6), (7) and (8), (108) as well as annexes 6 and 7 in the version of the Federal Law BGBl. I n ° 66/2013 come into effect with XX.XX.201X. "