Veterinary Association - Electoral Code - Täkamwo

Original Language Title: Tierärztekammer-Wahlordnung – TÄKamWO

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420. Ordinance of the Federal Minister of Health on the conduct of the elections to the Austrian Veterinary Chamber (Tierärztekammer-Wahlordnung-TÄKamWO)

Pursuant to Section 24 (1) of the Animal Health Protection Act (Tierärztekammergesetz-TÄKamG, BGBl). I No 86/2012, shall be arranged:

table of contents

1. Main item
General provisions

§ 1.

Regulatory content

§ 2.

Definitions and references

§ 3.

Kundmachungen

§ 4.

Cost

§ 5.

Deadlines

§ 6.

Communications

2. Main piece
Election of the Assembly of Delegates

Section 1
General provisions

§ 7.

Implementation of the election

§ 8.

Electoral body

§ 9.

Right to vote and stand for election

Section 2
Electoral Commission

§ 10.

Establishment of the Electoral Commission

§ 11.

Duties of the Electoral Commission

§ 12.

Election Observer

§ 13.

Activities in the Electoral Commission

§ 14.

Decision-making in the electoral commission

Section 3
Call for tenders

§ 15.

Date of election

§ 16.

Election manifestation

§ 17.

Voter evidences

§ 18.

Presentation of voter evidences

§ 19.

Objection to voter evidences

§ 20.

Determination of the number of departmental delegates

Section 4
Nominations

§ 21.

Introduction of nominations

§ 22.

Examination of nominations

§ 23.

Election proposals

Section 5
Voting procedure

§ 24.

Election envelopes and ballot papers

§ 25.

Transmission of electoral envelopes and ballot papers

§ 26.

Implementation of the voting procedure

§ 27.

Voting

§ 28.

Postal ballot

§ 29.

Vote Count

§ 30.

Validity of votes

6.
Election result

§ 31.

Determination of the outcome of the election

§ 32.

Assignment of the mandates

§ 33.

Understanding of the delegates

Section 7
Wahlakten, Wahlanfechtung

§ 34.

Electoral Markets

§ 35.

Objection to the investigation

3. Main piece
Election of the Executive Board

§ 36.

Announcement of the election

§ 37.

Nominations

§ 38.

Conduct of the elections

§ 39.

Result of the election

§ 40.

Reelection

§ 41.

Communication of the election

4. Main piece
Supplementary elections

§ 42.

Supplementary elections to the Assembly of Delegates

§ 43.

Supplementary elections to the Executive Board

§ 44.

New elections due to dismissal or impeachment

5. Main piece

§ 45.

Transitional provisions

1. Main item

General provisions

Regulatory content

§ 1. This Regulation shall apply to the election of members of the Assembly of Delegates of the Austrian Veterinary Chamber by the ordinary members of the Austrian Veterinary Chamber and for the election of the Board of Directors of the Austrian Veterinary Association Chamber of Veterinary Medicine through the Assembly of Delegates.

Definitions and references

§ 2. (1) For the purposes of this Regulation:

1.

Date: Monday of the 12. Week before the election day;

2.

Election tender: publication of the election manifesto,

3.

Electorate group: Association of full members of the Austrian Veterinary Association (Österreichische Tierärztekammer) for candidature in elections.

(2) In so far as the following federal laws are referred to in this Regulation, they shall be applied in the following:

1.

General Administrative Procedure Act 1991-AVG, BGBl. No. 51, in the version of the Federal Law BGBl. I No 100/2011,

2.

Veterinarian Law, BGBl. No. 16/1975, in the version of the Federal Law BGBl. I No 86/2012 and

3.

Veterinary Office Act-TÄKamG, BGBl. I No 86/2012.

Kundmachungen

§ 3. (1) The manifestations provided for in this Regulation shall be available on the Internet on the homepage of the Austrian Veterinary Chamber in general and shall be made in full text.

(2) In addition to the presentation on the Internet, a publication can also be made in the press organ of the Austrian Veterinary Chamber in the full text, including the indication of the time of the customer's presentation on the Internet.

Cost

§ 4. The Austrian Tierärztekammer (Austrian Veterinary Chamber) has to bear the costs of the elections.

Deadlines

§ 5. (1) The time limits provided for in this Regulation shall be calculated in accordance with the provisions of the General Administrative Procedure Act 1991-AVG, provided that paragraph 2 of this Regulation does not determine otherwise.

(2) The days of the postal service shall be included in the respective period.

Communications

§ 6. (1) The communications provided for in this Regulation, in particular:

1.

the electoral commission of persons and elective groups,

2.

the Electoral Commission to the Austrian Veterinary Chamber or its organs,

3.

the Austrian Tierärztekammer (Austrian Veterinary Association) to persons and elective groups,

4.

the Austrian Tierärztekammer (Austrian Veterinary Association) to the Electoral Commission and

5.

of persons or elective groups to the Electoral Commission or the Austrian Veterinary Chamber

shall be the recipient, unless otherwise specified, to the recipient either personally or by messenger or to the recipient, or to transmit to the addressee by post, by fax or in the event of compliance with the conditions set out in paragraph 3, also by means of automated data transmission.

(2) The delivery of the elective envelopes, return envelopes and ballot papers according to § 25 shall be effected by registered letter.

(3) In the course of data transmission supported by automation, communications may be transmitted if:

1.

the recipient or the addressee has expressly agreed to this type of transmission; or

2.

the recipient or the addressee shall in the same way be introduced and not expressly objected to this type of transmission for communications to itself.

2. Main piece

Election of the Assembly of Delegates

Section 1

General provisions

Implementation of the election

§ 7. (1) The election of the delegates has taken place within the last three months before the end of the four-year term of the Delegates ' Meeting. The election shall be ordered by decision of the Board of the Austrian Veterinary Chamber; this decision shall be made known and shall be notified to the President of the Electoral Commission. In this connection, the Bundesgesetzblatt number of this regulation should be indicated with reference to the traceability on the Internet.

(2) The election to the Assembly of Delegates shall be carried out nationwide in accordance with the principles of proportional representation in a general, secret and equal choice exclusively in the form of a postal ballot.

(3) The Assembly of Delegates consists of 27 delegates (§ 15 para. 1 TÄKamG), whereby the number of representatives of the respective departments is assigned to the respective departments. representatives according to § 19 (3) of the TÄKamG.

Electoral body

§ 8. (1) Each department in accordance with § 9 paragraph 5 of the TÄKamG forms for the election of the respective departmental delegates as well as their alternates respectively. Deputy, an electoral body.

(2) Each federal state shall be responsible for the choice of of the respective country delegate and its the deputy or Deputy an electoral body.

(3) The electoral body membership of a member of the chamber shall be determined after registration in the veterinary list of the Austrian Veterinary Chamber at the time of the date of the date (§ 20 para. 2 TÄKamG).

(4) In accordance with Section 20 (2) of the TÄKamG, voter evidences shall be established for each electoral body. This can be done in electronic form.

Right to vote and stand for election

§ 9. (1) All persons who are full members (compulsory members) of the Austrian Veterinary Chamber pursuant to § 9 TÄKamG shall be entitled to vote and passively on an election basis.

(2) Each person entitled to vote shall be active and passively entitled to vote in the electoral body, in whose voter evidence it is registered in accordance with Section 8 (4).

(3) Each person entitled to vote shall have only one vote in each electoral body to which he/she belongs.

Section 2

Electoral Commission

Establishment of the Electoral Commission

§ 10. (1) In order to conduct and lead the election to the Assembly of Delegates, an election commission responsible for all electoral bodies shall be appointed at the seat of the Austrian Veterinary Chamber. The appointment of the Election Commission is made by the Federal Minister for Health after hearing the Austrian Veterinary Chamber for a period of four years.

(2) The Electoral Commission shall consist of:

1.

a right-wing servant of the Federal Ministry of Health;

2.

a right-wing staff member of the Chamber Office of the Austrian Veterinary Chamber, who is to be repudiated by the President;

3.

a regular chamber member from the department of the self-employed;

4.

a full member of the department of the employees and

5.

three regular chamber members nominated by the regional presidents/Landesstellenpräsident/

(3) The electoral commission shall elect a chairperson and a deputy of the chairperson from the circle of right-wing members.

(4) The members of the Electoral Commission shall be obliged to perform strict impartiality and conscientious fulfilment of the obligations inherent in their office.

(5) The members of the electoral commission as well as the observers (§ 12) are obliged to secrecy in the sense of § 7 TÄKamG, insofar as they are not subject to other statutory duty of confidentiality.

(6) For each member, a substitute member shall be appointed, which shall be bridged upon the departure of a member. If a member retires and no more ordered substitute member is available, then a substitute member is to be ordered for the remainder of the operating period.

Duties of the Electoral Commission

§ 11. The electoral commission shall in particular:

1.

the call for tenders for the election, the determination of the date of election and the dates and time limits resulting therefrom, in particular the period within which the return envelope must be accompanied by the official election envelopes at the Electoral Commission;

2.

the presentation of voter evidences and the definition of the number of mandates to be given to the departments;

3.

the contract notice, at which point and within which time (day and hour) the voter evidences are to be taken into account;

4.

the transmission of voter evidences to the electoral groups;

5.

the decision on objections to voter evidences;

6.

the decision on the eligibility of the elective persons;

7.

the decision on the validity of the nominations;

8.

-the communication of the nominations;

9.

the determination of the form and content of the official ballot papers;

10.

the management of the election, the receipt of the electoral envelopes and the decision on the validity of the ballot papers issued;

11.

the determination of the results of the election;

12.

the allocation of the mandates to the elective groups;

13.

the proclamation of the election result and

14.

the understanding of the elected delegates and their alternates, respectively Deputy.

Election Observer

§ 12. (1) Any group of voters whose nomination has been proclaimed in accordance with § 23 may send a person of their confidence to the Electoral Commission as an observer/observer. This person shall be made in writing by the Chairman of the Electoral Commission at the latest on the fifth day before the election by the appointing representative/authorised representative of the voter group.

(2) Each observer/observer in accordance with paragraph 1 shall be entitled to be present as a witness/witness at the ballot box and the counting of votes.

Activities in the Electoral Commission

§ 13. (1) The Office of a Member of the Electoral Commission shall be a public honorary office.

(2) The members of the Electoral Commission shall be entitled to an expense allowance in cash for their activities in accordance with their actual use, which shall be based on the amount of the travel expenses and the daily allowance for the functionaries. of the Austrian Tierärztekammer.

(3) The office of the Electoral Commission is the Chamber Office of the Austrian Veterinary Chamber. This has to assist the electoral commissions in the conduct of the elections and to provide the necessary information.

Decision-making in the electoral commission

§ 14. The electoral commission shall be quorum if more than half of its members are present. It shall take its decisions with a simple majority of votes. The Chairperson (in the case of a substitute for the Vice-Chairperson/Vice-Chairman) does not agree; in the case of a tie, the Chairman's vote shall be taken.

Section 3

Call for tenders

Date of election

§ 15. (1) Within two weeks after the date of delivery of the electoral system to the Electoral Commission, the latter shall be held to hold a meeting and to determine the date of the election in such a way that between the date of the call for tenders of the election (publication of the election manifesto) and a period of at least 16 weeks shall be held on election day.

(2) Election day shall be the date on which the return envelopes sent by the persons entitled to vote by post or by messenger, containing the ballot boxes containing the ballot papers, must have arrived at the election commission by 4:00 p.m.

Election manifestation

§ 16. (1) The election manifestation shall include the following:

1.

the election day (section 15 (2));

2.

the reference date;

3.

an indication of the place where the ballot box must arrive until 16:00 on the election day;

4.

the provisional number of delegates per department and the indication of when the final number of delegates of the department delegates (§ 20) is made known;

5.

the contract notice, where and within which time voter evidences and an imprint of this Regulation can be viewed;

6.

the provision that objections to voter evidences can be submitted to the electoral commission in writing within two weeks from the start of the edition, and that late objections are not taken into account;

7.

the request that nominations must be submitted in writing to the Electoral Commission not later than eight weeks before the election day before 16:00 on the last day of the period, if they are not taken into account;

8.

the determination of the number of elective persons who must at least contain the nominations for the electoral bodies in accordance with section 21 (3) of the first sentence;

9.

the notice of where and within which time the nominations for election of the eligible persons admitted to the ballot shall be taken up;

10.

the provision that votes can be made only by means of official ballots and only for persons included in the proposals for proposals;

11.

the publication of the manner in which the postal ballot is to be used;

12.

an indication of the possibility of giving preferential votes.

(2) The election manifestation shall be published in accordance with § 3 and shall be submitted for inspection at the seat of the electoral commission. In addition, the Electoral Commission may, in any other appropriate manner, inform all eligible persons of the electoral tender.

Voter evidences

§ 17. (1) The voter evidences are to be drawn up in accordance with § 5 Tierärztegesetz (Tierärztegesetz) on the basis of the Tierärzteliste (Tierärzteliste) leading from the Austrian Veterinary Association.

(2) The Chamber Office of the Austrian Veterinary Association shall have the veterinary list valid on the date of the closing date, on the one hand ordered by departments, on the other hand by federal states, with the dismissal of all persons, which do not have proper Members of the Chamber shall be sent to the Electoral Commission in electronic form within one week of the end of the deadline.

(3) The Electoral Commission shall have its own voter evidence for each electoral body,

1.

in which only the persons entitled to vote are admitted to the electoral body to which they belong in accordance with Article 8, and

2.

in which the persons entitled to vote are to be listed alphabetically, stating the name and the place of occupation, the place of duty or the principal place of residence (Article 20 (3) of the TÄKamG).

(4) Each person entitled to vote may in each case only in

1.

the voter evidence of a department and

2.

the voter evidences of a federal state

be entered. If a person entitled to vote is entered in the voters 'evidences of both departments or in the voters' evidences of two or more federal states, it shall be immediately removed from the voters 'evidences or the voters' evidence. to delete the voter evidences to which it was unduly registered. This means that the persons entitled to vote must be notified without delay.

Presentation of voter evidences

§ 18. (1) The expression of the voter evidences shall be at least ten weeks before the election day at the seat of the Austrian Veterinary Chamber as well as in the provincial offices of the Austrian Veterinary Chamber-if they are not established, at a to apply to other appropriate bodies defined by the Electoral Commission, in the respective Land, for public inspection and with reference to the possibility of opposition. In the Länder, in addition to the printing of the voter evidences of the departments, only the expression of the voter's evidency drawn up for the respective Land is to be laid down in respect of the election of the national delegate.

(2) The disclosure of voter evidences as referred to in paragraph 1 shall be accompanied by reference to:

1.

to the place and the time of possible inspection and

2.

to the provisions of this Regulation applicable to the opposition procedure

on the Internet in accordance with § 3.

(3) From the first day of the presentation of voter evidences, entries, changes or deletions may only be made in the course of the opposition proceedings. This excludes any deletions in accordance with section 17 (4) and, apparently, inaccuracies based on a mistake, as well as formal inaccuracies such as, for example, writing or calculating errors or the same, in particular, on a technically deficient level of technical failure. Operation of an automation-assisted data processing system, which may be corrected by the Election Commission, under the referral of the Austrian Veterinary Chamber.

(4) In accordance with the technical possibilities, copies of the voter's evidences may also be made available in the member area of the homepage of the Austrian Veterinary Chamber during the period of the application.

Objection to voter evidences

§ 19. (1) Within two weeks of the imposition of voter evidences, any full member of the Chamber may:

1.

on the admission of allegedly non-eligible persons, or

2.

for the non-inclusion of allegedly eligible persons

a reasoned objection against the electoral list of his electoral body at the Electoral Commission.

(2) Any objection may only relate to a particular person. If an opposition is at the same time directed against a number of persons, it shall be returned to the opposition shipyard/opposition shipyard without any default for correction.

(3) The Chairman of the Electoral Commission has been shown to be able to communicate in writing within two days of the receipt of the opposition, persons who have been subject to an objection to a voter's eviction. Contributions from the parties concerned may only be taken into account if they are submitted to the Election Commission in writing within one week of the notification of this agreement.

(4) The Electoral Commission shall have a final decision on objections within one week of the end of the opposition period, even if an opinion of the person concerned by the opposition has not been received within that period. The Electoral Commission has, of its decision to notify the opposition shipyard/opposition shipyard and the persons affected/affected by the decision as soon as it has been verifiably verifiable in writing.

(5) In order to make decisions of the Electoral Commission a rectification and supplement to the voter's evidences, they shall be carried out without delay by the Electoral Commission.

(6) After the conclusion of the opposition procedure, the Electoral Commission shall complete the voter evidences. The voter evidences concluded shall be used as a basis for the election.

Determination of the number of departmental delegates

§ 20. At the end of the voter's evidences, the Electoral Commission must immediately determine the number of delegates to the departments in the Assembly of Delegates (Section 19 (3) of the TÄKamG) and have to fix it definitively. The determination shall be made in accordance with § 3.

Section 4

Nominations

Introduction of nominations

§ 21. (1) Voter groups participating in the election shall submit written nominations for the delegates to be elected at the latest eight weeks before the election day at the Electoral Commission by post or in person. The entry of the nomination is to be confirmed by indicating the date and time of the reception.

(2) Electoral proposals have to be included:

1.

a clearly distinguishable denomination of the voter group and a shortterm indication;

2.

a list of the persons entitled to vote, indicating the first and last names, the year of birth and the address of the place of residence, duty or principal place of residence (Article 20 (3) of the TÄKamG);

3.

the self-signed declaration of each individual in the electoral proposal, showing that it fulfils the eligibility requirements and agrees with the inclusion in the nomination;

4.

the name of the appointing agent of the voter group, otherwise the first-signed person shall be deemed to be the authorized representative.

(3) Each nomination shall contain at least five persons who are eligible to vote. If possible, an election proposal should be at least as many candidates as candidates for the respective electoral body, as expected (Section 16 (1) (4)) Mandate for the respective electoral body to be awarded, as well as at least three substitute candidates or -candidates.

(4) The connection (coupling) of election proposals is inadmissible.

(5) Amendments to the nomination by removal or re-admission of candidates and withdrawal of the nomination must be made by all persons who have run on the nomination of the nominee, with the exception of the nominee Election proposal to be signed, signed.

(6) If an elective person loses eligibility, the withdrawal or modification of the electoral proposal shall be admissible even after the submission period referred to in paragraph 1. This shall be communicated by the appointing representative of the voter group no later than four weeks before the Election Day of the Electoral Commission.

Examination of nominations

§ 22. (1) Immediately after the end of the period of submission, the Electoral Commission must examine the nominations submitted and, on the other hand, have the right to inform the appointing representative of the voter group in writing immediately. A deadline of one week is to be set in order to remedy the deficiencies.

(2) The Electoral Commission shall decide on the approval of the election proposals within three days of the end of the submission period or after the deadline for remegling the defects.

(3) Electoral proposals shall not be allowed to:

1.

have been submitted late,

2.

do not contain the required number of persons entitled to vote (§ 21 para. 3 first satzt).

(4) Electoral persons who lack the eligibility to vote shall be removed from the electoral proposal by the electoral commission. Similarly, the names of those persons who are so incomplete, irrespective of the correction procedure carried out in accordance with paragraph 1 of this Article, are to be deleted, and that there are doubts about their identity.

If several different nominations of the same electoral body have the name of the same electing person, the latter shall be requested by the Electoral Commission to declare within three days the choice of the nominations for which the nominations shall be made. It is to be deleted from all other election proposals. If such an electing person does not disclose his decision within the time limit set, it shall be deleted from the nominations submitted later. This amendment of an election proposal does not require the signature of the candidate. The appointing representatives of the nominations in contact with the decision shall be shown to be aware of this.

(6) A separate appeal is not admissible against the decision of the Electoral Commission on the approval of the election proposals.

(7) If no nomination is submitted or if the valid nominations are not sufficient to fill all the functions to be elected (delegates and alternates), the electoral commission shall have the electoral procedure by means of new To initiate a re-election of the election.

Election proposals

§ 23. (1) The Electoral Commission has duly drawn up the Nominations shall be published after examination at the latest four weeks before the election day ordered by electoral bodies on the Internet (§ 3).

(2) The order of the nominations in the ballot shall be the order of the

1.

according to the number of delegates of the voter groups in the last election in the respective electoral body,

2.

in the case of the same number of delegates, after the number of votes cast, as determined by the last election in the electoral body for the voter group,

3.

in the case of voter groups which have not previously been represented, after the date of the nomination of the nomination, following the classification according to Z 1 and 2.

Section 5

Voting procedure

Election envelopes and ballot papers

§ 24. (1) The election shall be made by means of official voting envelopes and official ballot papers.

(2) The Electoral Commission shall:

1.

the official ballot papers referred to in paragraph 3 for the respective electoral body;

2.

the provisions of the provisions of paragraph 4 of this Article for the inclusion of the official ballot and ballot papers.

.

(3) The official ballot papers (para. 2 Z 1) have the form template after Appendix 1 , the nominations shall be listed in the order in accordance with Section 23 (2) and, in addition to each list, the possibility of registering a preference vote.

(4) The electoral envelopes intended for the inclusion of the ballot papers must be opaque and must be clearly distinguished from the outside by imprinting or colouring according to the electoral body.

(5) The provisions of the return plan (paragraph 1) 2) are to be addressed to the Electoral Commission by means of forms and shall be provided with the sender of the respective eligible person.

Transmission of electoral envelopes and ballot papers

§ 25. (1) By no later than 14 days before election day, the electoral commissions shall have all persons entitled to vote in the relevant electoral bodies, according to the voters ' list.

1.

an official ballot paper for the election of the country's delegate and an official ballot for the election of the department delegates,

2.

in each case one election envelope (section 24 (4)) for the election of the country delegate and for the election of the department delegates,

3.

the return envelope produced for the person entitled to vote,

4.

an expression of the nominations and nominations for the electoral bodies concerned; and

5.

a newsletter to be produced by the Chamber Office of the Austrian Tierärztekammer

to be sent against proof of delivery.

(2) The sending in accordance with paragraph 1 shall be recorded in the voter's evidences; the proofs of delivery shall be kept with the voter evidences.

Implementation of the voting procedure

§ 26. (1) The Electoral Commission of the Electoral Commission as well as the personnel and equipment required for the implementation of the election shall be provided by the Austrian Veterinary Chamber.

(2) In the polling station,

1.

the completed voter evidences of all electoral bodies;

2.

the election proposals for the individual electoral bodies;

3.

an expression of this Regulation and

4.

one ballot box per election body

.

(3) On the day after the election day, the Election Commission shall gather in the polling station for the purpose of carrying out the voting procedure and determining the result of the vote.

(4) Any group of voters whose nomination has been proclaimed shall be entitled to send a person of their trust (§ 12) to the polling station as an observer/observer. The observers shall not be influenced by the course of the ballot.

(5) Immediately before the start of the vote, the Electoral Commission has to convince itself that the ballot boxes are empty.

Voting

§ 27. (1) All persons entitled to vote shall be obliged to use the ballot box and ballot paper submitted to them by the electoral commission.

(2) The submission of votes shall be made by identifying the circle in addition to the name of the election proposal chosen.

(3) In addition, the person entitled to vote may each award a preferred vote for a candidate of the list chosen by her in accordance with § 22 TÄKamG.

(4) In order to transmit the election envelopes by post or by means of a messenger, the person entitled to vote has to use the return envelope transmitted by the Electoral Commission. Changes to the name of the sender pre-printed on the return envelope are not allowed. If a change of name is made or other changes in the sender preprinted on the return line cause doubts as to the identity of the person entitled to vote, they shall invalidate the votes. The transmission by mail or by means of messenges shall be effected at the expense and risk of the person entitled to vote.

(5) The use of votes other than the official ballot paper or return envelope shall invalidate the votes in the ballot.

(6) The Electoral Commission shall collect and ensure the safe and orderly retention of the re-envelopes containing the electoral envelopes up to the election day, pending the implementation of the voting procedure.

Postal ballot

§ 28. (1) The Electoral Commission shall deal with the return envelopes which have been landed by mail or by messengers by 16:00 at the latest on the date of the election, and which have been kept under wraps until then.

(2) First of all, it is necessary to check, for each return envelope received, whether the name of the person entitled to vote on the pre-printed sender is included in the voter's incidence of the relevant electoral bodies.

(3) If the name does not occur in the voter's evidences, then the return envelope shall be excluded from any further treatment.

(4) If the name is entered in the voter's evidences, it shall be written down there. This process can also be performed with automation support.

(5) It is necessary to open the return envelope, the official electoral envelopes are to be taken out of the return envelope and placed in the appropriate ballot boxes in an unopened state. Respect for the secrecy of the elections must be observed accordingly.

(6) The ballot papers shall not be held in the corresponding electoral envelope, but directly in the return envelope or an election envelope which has not been submitted in accordance with Section 25, these shall be

1.

to be put into the appropriate ballot box located in the return envelope and put into the ballot box in question,

2.

provided that no corresponding electoral envelope in the return envelope is to be inserted by the chairman of the electoral commission into a corresponding electoral envelope and placed in the relevant ballot box.

(7) If there is any doubt as to whether a ballot box should be placed in the ballot box, the electoral commission shall decide.

(8) Return envelopes, which arrive after 4:00 p.m. on election day, are unopened with the words "arriving too late" to the electoral markets. The process shall be noted in the minutes.

Vote Count

§ 29. (1) If all election envelopes at the Electoral Commission have been dealt with in accordance with Section 28, the Chairman shall declare the vote for the vote closed.

(2) In the case of counting the votes, the department of the self-employed is to begin, after which the department of the employees shall be counted and then the federal states, in alphabetical order.

(3) The electoral commission mixes the ballot box located in the ballot box, empties the ballot box and establishes:

1.

the number of return envelopes excluded from the vote in accordance with section 28 (3) on the grounds of non-application in the voter's evidences;

2.

the number of elective envelopes emptied from the ballot box;

3.

the number of persons entitled to vote for the electoral body in the voter's evidency, for which a vote has been recorded;

4.

the presumed reason if the number according to Z 2 does not correspond to the number according to Z 3.

(4) The Electoral Commission opens the ballot box, takes the ballot, checks the ballot, provides for the invalid ballot papers with consecutive numbers and notes:

1.

the total amount of valid and invalid votes cast;

2.

the sum of the valid votes;

3.

the valid votes cast on the individual electoral lists;

4.

the forensiles of preference.

Validity of votes

§ 30. (1) The ballot paper shall be filled out in a valid form if it is clearly to be seen from the ballot paper which election-voting group the person entitled to vote wanted to choose. This is the case where, in the circle printed next to the inquiring group, a lying cross or another sign has been affixed, which clearly indicates that the selected group referred to in the same line shall be referred to as the group of persons who have been selected in the same line. should be.

(2) The ballot paper shall be invalid if:

1.

has been used by a person other than the official ballot for the purpose of giving the vote, or

2.

the ballot paper has been adversely affected by the tearing of a part in such a way that it is no longer clear which electoral group wanted to choose the person entitled to vote, or

3.

has not been drawn up at all, or

4.

two or more elective groups were indicated, or

5.

the mark or other marking affixed by the person entitled to vote does not clearly indicate which group has been recruit.

(3) Empty polling cards count as invalid ballot papers. If a ballot box contains several ballots, which are denominated in different elective groups, they count as invalid ballots if their invalidity does not already arise for other reasons.

(4) If a ballot box contains several official ballots, they shall be counted for a valid one if:

1.

the same electoral group has been designated on all ballot papers; or

2.

at least one ballot shall be filled in and the name of the other ballots shall not give rise to any doubt as to the electing group elected; or

3.

in addition to a valid official ballot, the remaining official ballot papers are not filled in.

(5) Words, remarks or signs affixed to the official ballot papers other than the marking of the elective group shall not affect the validity of a ballot paper if this does not result in a reason for invalidity in accordance with Paragraph 2 or 3. Supplements of all types located in the electoral envelope do not affect the validity.

6.

Election result

Determination of the outcome of the election

§ 31. (1) The number of mandates to be paid to the individual election proposals of an electoral body shall be determined by means of the electoral number. The number of votes shall be calculated as follows:

1.

The figures of the valid votes cast for each nomination are, according to their size, written next to each other; under each of these figures, half of them, among them their third, quarters and, if necessary, their fifth, sixth and so on, shall be written. continue to write. As a number of votes, the number of numbers attributed to the number of votes is to be allocated as a departmental mandate. The number of votes is expected to be three decimals.

2.

Each nomination shall be allocated as many mandates as the number of votes cast in the number of votes cast for it.

3.

If, after this calculation, a number of nominations have the same right to a mandate, the number of remaining votes shall be decided. If the number of votes is the same, the lot will decide.

(2) The result of the election is to be made available immediately after it has been established (the customer's statement in accordance with § 3).

Assignment of the mandates

§ 32. (1) The mandate shall be allocated by the Electoral Commission in accordance with the following provisions.

(2) The mandates of the departmental delegates to the respective list (nomination) shall be allocated by the Electoral Commission to the electoral nominees referred to in the election proposal after the number of their nominations, subject to a subsection pursuant to paragraph 3 above. The closest persons of the nomination in question shall be elected as alternates of the delegates in the order in which they are elected to the nomination.

(3) Electoral persons whose number of preferred votes (§ 27 (3)) is at least one-third of the votes cast on this list, or who have achieved at least as many preferential votes as the threefold number of votes (section 31 (1)), shall be the allocation of mandates to be taken into account before those in the party list of first-aged people. The order of allocation of the mandates to be allocated on the basis of the preferential votes reached shall be determined in accordance with the order in which each person is elected, the order of which shall be the maximum number of the persons elected. Preference begins, followed by the next lower number of preferred votes. If in one case two or more persons entitled to vote had the same entitlement to the assignment of a mandate because they have the same number of preference votes, the order of the elective persons is on the nomination (list) authoritative, if not available for each mandate.

(4) The person elected as the country delegate/country delegate is the person who is the first-aged/first-aged person in the list to which the majority of the votes of the federal state (section 8 (1)) have been omitted. The person closest to the nomination in question shall be elected as Deputy/Deputy of the State Delegate. If a candidate of a Land electoral proposal receives so many preferential votes that the number of votes cast is more than half of the votes cast on this nomination, she/he shall move to the first place in the list.

(5) Persons who are not elected as delegates or as alternates shall be members of the substitutes (Section 25 (4) of the TÄKamG) in the event that a mandate of their list is completed.

(6) If an electing person is elected on several nominations of different electoral bodies (nomination of the Land nomination, proposal for a divisive nomination), it shall have within 48 hours of the election of the election result (Section 31 (3)), from which the person in question has Double choice gives the Electoral Commission in writing the terms of reference for which it is to decide. If, within the above period, a communication from the double-elected person does not apply, the terms of reference shall apply to the department. The appointing representatives of the nominations in contact with the decision shall be informed of this.

Understanding of the delegates

§ 33. (1) The Election Commission shall inform the elected delegates and the respective alternates by registered letter of their election within three days of the determination of the results of the election.

(2) The election shall be deemed to have been accepted if it is not rejected in writing to the Electoral Commission within one week of the notification of the agreement. If the election is rejected, it is reasonable to proceed according to § 25 (4) TÄKamG.

Section 7

Wahlakten, Wahlanfechtung

Electoral Markets

§ 34. (1) The electoral commission shall have the procedure of the voting procedure, the result of the vote and the result of the vote for each electoral body in a minutes to be assessed. The members of the Election Commission shall elect a written guide/writer for the recording of the minutes.

(2) In any case, the minutes shall contain:

1.

the name of the polling place;

2.

the names of the members of the electoral commission who are present and absent;

3.

the names of the observers of the voter groups present;

4.

the date of the beginning and end of the voting procedure on the day after the election day;

5.

the decisions taken by the Electoral Commission on the exclusion of electoral envelopes for non-inclusion in the voters ' list;

6.

other decisions of the Electoral Commission taken during the voting procedure;

7.

the findings of the Electoral Commission pursuant to Section 30 (2) to (4), whereby, if invalid votes have been established, the reason for invalidity shall also be required;

8.

the final result of the vote.

(3) The minutes shall be connected:

1.

voter evidences;

2.

the voting lists (deleted voter evidences in accordance with section 28 (4));

3.

the invalid ballot papers, which are to be marked and packed in separate envelopes with corresponding inscriptions;

4.

the valid ballot papers to be provided and packed in separate envelopes with corresponding inscriptions;

5.

a list of valid valid votes for each candidate;

6.

the open return envelopes;

7.

the unopened return envelopes arrived at too late (Section 28 (8)).

(4) The minutes shall be signed by the members of the Election Commission who are entitled to vote. If it is not signed by all the members, the reason for this is to be stated.

(5) The minutes together with the supplements form the electoral commission's electoral commission.

(6) The electoral markets-except for the return envelopes-shall be kept by the Chamber Office at least until the end of the respective operating period. The return envelopes shall be kept at least until the expiry of the deadline for a Wahlanfearing of the Constitutional Court.

Objection to the investigation

§ 35. (1) Within one week after the election result has been announced, any group of voters eligible for election in the electoral body concerned may object to the election of the election commission against the determination of the results of the election.

(2) If an objection is raised in accordance with paragraph 1, the electoral commission shall re-examine the election result on the basis of the electoral markets. If it appears that the result of the election has not been correctly determined, the electoral commission must immediately correct the result on the Internet (§ 3), declare the declaration void and allow the correct result to be disclosed.

(3) If the Electoral Commission does not give rise to a rectification, the objection shall be dismissed.

(4) A separate appeal is not admissible against the decision of the Electoral Commission on objections to the determination of the election result.

3. Main piece

Election of the Executive Board

Announcement of the election

§ 36. (1) Early six, at the latest eight weeks after the election results of the elections to the Assembly of Delegates, the former President/President of the Austrian Veterinary Chamber has the elected delegates to the constitutive To convene the meeting and put the agenda item "Election of the Board" on the agenda of the meeting.

(2) The announcement of the election shall be made by the President, having regard to the provisions of Section 23 (2), (3) and (5) TÄKamG, at least four weeks prior to the announcement by the President (§ 3).

(3) The chairperson of the election commission shall be responsible for the election commission pursuant to § 10 (hereinafter referred to as the election commissioner/election commissioner).

Nominations

§ 37. (1) Electoral groups shall submit their proposals (lists) in writing at least one week before the election at the Chamber Office. An election proposal shall be valid only if it

1.

Names (first and last names), address and date of birth of five Executive Board candidates or -candidates and at least three substitute candidates or -candidates who have been passively entitled to vote in accordance with paragraph 2 of this article;

2.

a declaration made by all the members of the list, for the office of the President or President, respectively. to be available to the Vice-President/Vice-President,

3.

the election proposal of at least five delegates is supported by their own signature.

The statements of support must include the nomination and the name and date of birth of the delegate. Each delegate may only support one nomination; a depute shall not be admissible.

(2) Passive voting rights are all persons who, at the time of the announcement of the election (§ 37), are ordinary members (mandatory members) of the Austrian Veterinary Chamber according to § 9 TÄKamG.

(3) Any nomination shall be submitted by a member of the list as representative of the appointing representative/authorised representative. If no appointing person is nominated, the first-aged candidate shall be deemed to be a representative.

Conduct of the elections

§ 38. (1) The election commissioner shall examine the nominations received in good time and shall arrange for the valid nominations to be published no later than three days before the election pursuant to § 3.

(2) In the constituent meeting of the Assembly of Delegates, the Board of Management of the Austrian Veterinary Chamber shall be elected by secret, written vote in the presence of the election commissioner in accordance with Section 23 (2) and (3) of the TÄKamG.

(3) The candidates of the elective groups shall be entitled to be present in the election.

(4) Prior to the election, the Assembly of Delegates shall designate as many of its members as nominations for voting. For each election proposal, one delegate/one delegate who has supported this nomination is to be elected. If there is only one nomination, at least two ballot counters shall be chosen, with one vote count being taken from the circle of delegates who have not supported the nomination.

(5) Each delegate shall have his/her vote by means of ballot papers, which shall be submitted to the form template after Appendix 2 shall be submitted.

(6) ballot papers for counting according to heads (single voice) as well as different coloured ballots with voting weight of 100, weight of the vote 50, weight of the voting weight of ten and the weight of the voting weight must be made available. The weight of the votes to which each delegate count is to be determined in such a way that the factor determined in accordance with Section 15 (7) of the TÄKamG is multiplied by 10,000 (ten thousand).

(7) For the vote, a ballot paper for the individual vote and an election envelope, as well as the number of election envelopes and empty ballot papers corresponding to its vote weight, shall be a ballot paper for the individual vote and an election envelope by the election commissioner/s to give the fullest possible breakdown in accordance with paragraph 6. The electoral envelope for the individual vote has to differ significantly in the format from the electoral envelopes for the weighted ballot papers.

(8) The election shall be made by crossing an electoral proposal on each of the ballot papers handed out. Each ballot paper is to be placed in its own ballot box. The election envelopes are to be cast into an election urn.

Result of the election

§ 39. (1) The counting of votes and the assignment of the mandates shall be made by the election commissioner.

(2) For the time being, the votes are to be counted according to heads (individual votes). After that, the counting of the weighted votes must be counted separately. Ballot papers are invalid if no optional group has been subscribed at all or if two or more several electoral groups were drawn.

(3) In the case of an elective group, at least five sixth of the valid votes shall be elected as a team. The listener is elected as President/President, the four following candidates are elected as Vice-Presidents, with the award determined on the basis of their nomination.

(4) No electoral group reaches the majority of five sixths (para. 3) the mandates of the Board of Management are to be assigned in a reasonable application of § 31 on the basis of the individual votes (votes by heads). The President/President is the list of the list, which has reached the highest number of votes. The order of the Vice-Presidents arises from the order of the assigned mandates. If, on the basis of the individual votes (votes by heads), there are two lists of the same entitlement to a mandate as President/President or Vice-President/Vice-President, the mandate shall be assigned to the list which has received more weighted votes.

(5) After counting the votes and the assignment of the mandates, the election commissioner of the Chairman of the Assembly of Delegates shall inform the result of the outcome.

Reelection

§ 40. If only a valid nomination is submitted, a vote shall be taken. If the voting group does not receive more than half of the valid votes cast after heads, the election process shall be repeated twice. If, even after the repetition, the required majority is not reached, the election shall be re-written immediately and the election meeting shall be reconvened in four weeks ' time.

Communication of the election

§ 41. At the end of the electoral process, the electoral commissioner has to ensure that the electoral process and its result are recorded in a minutes. This transcript shall be signed by the Chairman of the Assembly of Delegates, the Election Commissioner and the members of the newly elected Executive Board, and shall be accompanied by the other supplements to be provided to the electoral process by the Federal Minister for Health. The minutes shall be followed by a request to join the newly elected board.

4. Main piece

Supplementary elections

Supplementary elections to the Assembly of Delegates

§ 42. (1) If the refilling of a function in the Assembly of Delegates according to § 25 of the TÄKamG is no longer possible, because no elected substitute member of the relevant list is available any more, the President shall have this to the Inform the President of the Electoral Commission immediately and at the same time arrange the additional election for the remaining operating period. It is also necessary to proceed if the occupation of a function is not possible, since the electoral list to which the relevant mandate is not available does not have sufficient persons or none of the elected persons adopts the mandate.

(2) The Electoral Commission shall, under the appropriate application of the second main item (excluding Section 7), issue and implement the election for the electoral body concerned, with each nomination at least as many electors as for the electoral body concerned. Occupation of the corresponding function/functions is required, must be included.

(3) If the remaining term of function of the Assembly of Delegates is shorter than one year, the additional choice for representatives of departments may not be required if the departmental committee (§ 31 TÄKamG) of the affected electoral body is the subject of the , and its quorum is not affected by this.

Supplementary elections to the Executive Board

§ 43. (1) If the office of the President or Vice-President is vacated during the period of operation of the Executive Board, because a follow-up is not possible under Article 25 of the TÄKamG, the election of the President/President shall be Presidents or of the Vice-President, in accordance with the appropriate application of the 3. To carry out the main item within eight weeks.

(2) Election proposals for the supplementary election referred to in paragraph 1 shall contain only as many persons elected as required for the occupation of the function/functions to be completed.

New elections due to dismissal or impeachment

§ 44. (1) If the Assembly of Delegates is unfit for a decision or by the Supervisory Authority of its Office, the Executive Board shall immediately order new elections after the second main item. The function period of the elected Assembly of Delegates lasts until the end of the original term of operation.

(2) If the Board of Management is unfit, dismissed, or dismissed from office, the Government Commissioner appointed (Section 27 (2) of the TÄKamG) shall convene the delegates at a meeting within six weeks and the agenda item "Election of the Executive Board" shall be included on the agenda of the sitting. The choice is made after the 3. Main piece. The function period of the so-selected board lasts until the end of the original operating period.

5. Main piece

Transitional provisions

§ 45. (1) By 15 December 2012 at the latest, the Management Board of the Austrian Veterinary Association shall arrange for the first-time election of the delegates in accordance with this Regulation.

(2) The members and substitute members of the electoral commission pursuant to § 10 (2) (2) (2) to (5) shall be made known to the Federal Minister of Health at the latest three weeks after the entry into force of this Regulation. If there is no such nomination, the Federal Minister for Health shall appoint one person from the circle of the members of the department until the nomination is made by one of the members of the Chamber's office/office. of the self-employed and of the employees, as well as three persons from the group of delegates as provisional members.

(3) If a new Board of Directors is elected by the Assembly of Delegates during the transitional period of Section 83 (2) of the TÄKamG, Section 38 (6) shall apply with the proviso that, instead of the weighting of votes in accordance with Section 15 (7) of the TÄKamG, the weighting of votes pursuant to section 36 (6) of the TÄKamG shall be applied. The Act of Veterinary Medicine has to be implemented.

Stöger