Veterinary Association - Electoral Code - Täkamwo

Original Language Title: Tierärztekammer-Wahlordnung – TÄKamWO

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420th Ordinance of the Federal Minister for health, the organisation of the elections in the Austrian Veterinary Association (Veterinary Association - electoral code - TÄKamWO)

On the basis of section 24 para 1 veterinary medical association law - TÄKamG, Federal Law Gazette I no. 86/2012, is prescribed:

Table of contents



1. main piece of General provisions







§ 1.





Control content







§ 2.





Definitions and references







§ 3.





Proclamations of the municipality







§ 4.





Cost







§ 5.





Deadlines







§ 6.





Releases







2. main piece of election of delegates







1 article General provisions







§ 7.





Holding of elections







§ 8.





Electoral body







§ 9.





Active and passive right to vote







2. section Electoral Commission







§ 10.





Establishment of the Election Commission







§ 11.





Tasks of the Electoral Commission







§ 12.





Election observers







§ 13.





Activity in the Electoral Commission







§ 14.





Voting in the Election Commission







3. cut tender of choice







§ 15.





Time of the election







§ 16.





Election announcement







§ 17.





Voters evidence







§ 18.





Launch the voters evidence







§ 19.





Appeal against the selection of evidence







§ 20.





Determination of coefficient of the Division delegates







4. section election proposals







§ 21.





Bringing the election proposals







section 22.





Examination of the election proposals







section 23.





Announcement of election proposals







5. voting procedures section







§ 24.





Election envelopes and ballot







§ 25.





Delivery of the election envelopes and ballot







section 26.





The voting procedure







§ 27.





Voting







section 28.





Absentee ballot







section 29.





Votes count







section 30.





Validity of the vote







6 section election results







§ 31.





Determination of election results







§ 32.





Allocation of mandates







§ 33.





Understanding of the delegates







7 section offing, challenge to the election







§ 34.





Offing







section 35.





Objecting to the determination







3. main piece of election of the Executive Committee







section 36.





Announcement of the election







section 37.





Election proposals







section 38.





Conduct of elections







§ 39.





Outcome of the election







section 40.





Last number redial







section 41.





Notice of election







4. main piece of supplementary elections







§ 42.





Supplementary elections to the Assembly of delegates







§ 43.





Supplementary elections to the Board of Directors







§ 44.





New elections on the basis of dismissal or removal from Office







5. main piece







§ 45.





Transitional provisions





 

 

1. main piece

General terms and conditions

Control content

§ 1. This Regulation shall apply to the election of the members of the Assembly of delegates of the Austrian Veterinary Association by the ordinary members of the Austrian Veterinary Association as well as for the election of the Board of the Austrian Veterinary Association annual delegates meeting.

Definitions and references

Section 2 (1) within the meaning of this regulation are:



1. date: 12 Monday before election day made manifest;

2. choice call for publication of the election announcement, 3. constituency: Association of ordinary members of the Austrian Veterinary Association to the candidacy in elections.

(2) if the following federal laws are referenced in this regulation, they shall be applied in the following version:



1. General Administrative Procedure Act 1991 - AVG, Federal Law Gazette No. 51, as amended by Federal Law Gazette I no. 100/2011, 2nd vet law, BGBl. No. 16 / 1975, as amended by Federal Law Gazette I no. 86/2012 and 3 animal Medical Council Act - TÄKamG, Federal Law Gazette I no. 86/2012.

Proclamations of the municipality

3. (1) the proclamations of the municipality provided for in this regulation have on the Internet on the homepage of the Austrian Veterinary Association generally accessible and in full text to be.

(2) in addition to the by-laws on the Internet can be a published also in the organ of the Austrian Veterinary Association in full text including the indication of the timing of the announcement on the Internet.

Cost

§ 4. The Austrian Veterinary Association has to bear the costs for the organisation of the elections.

Deadlines

The time limits provided for in this regulation are § 5 (1), if paragraph 2 States otherwise, according to the provisions of the General administrative procedures Act 1991 - AVG to calculate.

(2) the days of the post run are included in the respective period.

Releases

6. (1) the notifications provided for in this regulation, in particular



1. the Electoral Commission to people and election advertising groups, 2. the Electoral Commission to the Austrian Veterinary Association or their organs, 3. the Austrian Veterinary Association on are people and election advertising groups, 4. the Austrian Veterinary Association on the Electoral Commission and 5 persons or candidate groups to the Election Commission or the Austrian Veterinary Association, if not otherwise is intended, either in person or by courier to deliver the recipient or the recipient or by mail to the recipient or the recipient , by fax or in fulfilment of the requirements referred to in paragraph 3 through automation-based data transfer to submit.

(2) the delivery of election envelopes, return envelopes and ballot papers pursuant to § 25 shall be effected by means of registered letter.

(3) in the way of automation-supported data transfer, messages may be transmitted then, if



1. the recipient or the recipient of this type of transmission has expressly agreed or 2 has introduced attaching the recipient or the recipient in the same way and is even not specifically contradicted this delivery type for messages.

2. main piece

Election of the Assembly of delegates

1 section

General terms and conditions

Holding of elections

7. (1) has the choice of delegates to take place within the last three months before the end of the four-year term of Office of the Congress of delegates. The choice should be arranged with resolution of the Board of the Austrian Veterinary Association; This decision is published and to the Chairman of the Electoral Commission. Where is the Federal Law Gazette number of this regulation having regard to the findability on the Web to lead.

(2) the election to the Congress of delegates nationwide according to the principles of proportional in a general, secret and equal vote only in the form of a postal vote.

(3) the Assembly of delegates consists of 27 delegates (§ 15 para 1 TÄKamG), where is the set TÄKamG according to § 19 para 3 number of representatives from each due to the departments or representatives.

Electoral body

8. (1) each Department according to § 9 par. 5 TÄKamG forms for the election of the respective Department delegates as well as their representatives or alternates an electoral body.

(2) each State makes for the choice of the or of the respective country delegates and their or its substitute or Deputy one electoral body.

(3) a Board Member election body membership according to its entry in the veterinarian list of the Austrian Veterinary Association at the time of deadline (article 20 para 2 TÄKamG).

(4) for each election body, TÄKamG is to create a voters evidence pursuant to § 20 para 2. This can be done in electronic form.

Active and passive right to vote

§ 9 (1) all persons who are TÄKamG ordinary members (duty) the Austrian Veterinary Association in accordance with article 9 at the date are active and passive to vote.

(2) any person eligible to vote is active and passive to vote in the election body in whose voters evidence it is registered pursuant to § 8 para 4.

(3) any/every voter has one vote in each election body, it belongs.

2. section

Electoral Commission

Establishment of the Election Commission


§ 10 (1) for the implementation and management of the election to the Assembly of delegates shall be appointed a responsible for all electoral Election Commission at the headquarters of the Austrian Veterinary Association. The order of the Election Commission carried out the Federal Minister / the Federal Minister for health after consultation with the Austrian Veterinary Association for a term of four years.

(2) the Electoral Commission consists of



1. a / a legally qualified official of the Federal Ministry of health;

2. a / a legally qualified official of the Chamber Office of the Austrian Veterinary Association, to make the call of the President the President is;

3. a Board member from the Department of the self-employed;

4. a regular Chamber member from the Department of employees, as well as 5 three ordinary members, by the Presidents of the country offices / national offices Presidents are nominated.

(3) the Election Commission elects a Chairman / a Chairman and a Deputy / Deputy of the Chairperson from among the legally qualified members.

(4) the members of the Electoral Commission are committed to strict impartiality and scrupulous fulfilment of the obligations associated with their Office.

(5) the members of the Electoral Commission, as well as the observer/observers (§ 12) are, as far as they are subject to no other statutory duties of confidentiality, committed TÄKamG to the secrecy within the meaning of section 7.

(6) for each Member, a substitute member is appointed, that over in the retirement of a member. A member retires and not ordered a replacement member is more available, a replacement member for the remainder of the term of Office shall be ordered.

Tasks of the Electoral Commission

§ 11. The Electoral Commission is in particular



1. the invitation to tender of choice, the provision of election day and the resulting dates and deadlines, in particular the period within which the return envelopes with the official election envelopes in the Electoral Commission must; a long

2. the launch of the electoral evidence and the determination of the number of mandates coming to the departments;

3. the notice where and within what time (day and hour) are the voters evidence for inspection;

4. the delivery of evidence of voters the candidate groups;

5. the decision on appeals against the selection of evidence;

6. the decision on the eligibility of candidate people;

7. the decision on the validity of the election proposals;

8. the announcement of the election proposals;

9. the determination of the form and the content of the official ballot;

10. the management of the election, accepting the election envelopes and the decision on the validity of the ballots;

11. the determination of the election results;

12. the allocation of mandates at the candidate groups;

13. the announcement of the election result and 14 communication of elected delegates and their representatives or alternates.

Election observers

12. (1) every voter group, whose nomination was announced, pursuant to § 23 May a person of their confidence in the Electoral Commission as observer/observers send. This person is to make ad litem/delivery agent of the constituency in writing designating the Chairperson of the Electoral Commission not later than on the fifth day before the election by the.

(2) every observer/observers referred to in paragraph 1 may, as witness/witness in the Election Act and the counting of votes to be present.

Activity in the Electoral Commission

13. (1) the duties of a member of the Election Commission is a public voluntary work.

(2) an allowance in money, which is based on the amount of travel expenses and daily allowance rates for the officers/officials of the Austrian Veterinary Association to the members of the Election Committee for their work in accordance with their actual use.

(3) Office of the Election Commission is the Chamber of the Austrian Veterinary Association. It has to support the electoral commissions in the conduct of the elections and to furnish the necessary information.

Voting in the Election Commission

§ 14. The Electoral Commission is quorate if more than half of its members are present. You shall pass resolutions with a simple majority. The Chairperson (in the representation Deputy / Deputy Chairperson / President) does not match. vote decides the voice of / the Chairman.

3. section

Tender choice

Time of the election

Section 15 (1) within two weeks after delivery of electoral arrangement to the Election Commission has to arrange this a session and to set the time of the election so that a period of at least 16 weeks between the day of the tender of the choice is (publication of the election announcement) and election day.

(2) election day is the day on which that must be received by eligible persons through the mail or by Messenger of sent back envelopes, which contain the election envelopes containing the ballots, until 16:00 at the Electoral Commission.

Election announcement

Section 16 (1) in the election by-laws are to be determined:



1. the election day (§ 15 para 2);

2. the date;

3. the indication of the place where the election envelopes must be received until 16:00 on election day;

4. the preliminary number of delegates per Department and indicating when the final mandate number of Department delegates (§ 20) is published

5. notice where and within what time the voters evidence and an imprint of this regulation can be viewed;

6. the determination that appeals against the voter evidence in writing within two weeks after the beginning of the Edition in the Electoral Commission can be inserted and that belatedly brought appeals are excluded;

7. the prompt that election proposals in writing no later than eight weeks must be filed with the Election Commission before election day until 16:00 of the last day of the period, failing which they are not considered;

8. the determination how many election advertising people to election proposals for the respective electoral body pursuant to article 21, paragraph 3, first sentence, must contain at least;

9. the notice where and within what time the election proposals to the insight of the eligible persons admitted to the Electoral Act will be up;

10. the determination that votes only by means of official ballots and only for persons included in stated election proposals can be emitted;

11. the notice to proceed in what way in the absentee ballot is;

12. the reference to the possibility of distribution of preference votes.

(2) the election announcement is to publish in accordance with paragraph 3 and to launch at the headquarters of the Electoral Commission for inspection. The Election Commission can put also in other appropriate way all eligible persons by the election call in knowledge.

Voters evidence

Section 17 (1) the voters evidence are veterinary Act to create on the basis of the veterinarian list to leading from the Austrian Veterinary Association according to § 5.

(2) the Chamber Office of the Austrian Veterinary Association has on the one hand ordered by departments, on the other hand the veterinarian list valid at the date sorted, federal countries, including non-respect of all persons of who are not members of the Chamber, to submit to the Election Commission within one week after the expiry of the deadline in electronic form.

(3) the Election Commission has an own voters evidence to apply for each election body



1 only the eligible persons of the Electoral Committee, which they are in accordance with § 8 be included in the and 2nd in the electors alphabetically, stating the name and the professional seat, service location or residence (article 20 para. 3 TÄKamG) to be.

(4) any/every voter may only in



1. the evidence of voters a Division and 2nd of a federal country voters evidence be entered. A voter a voter in the electoral evidence of both departments or in the electoral evidence of two or more federal States is registered, it is immediately from the or the voters evidence, in which he was wrongly entered, to delete. Subject is immediately reported to the / the voters.

Launch the voters evidence

The prints of the voters evidence are section 18 (1) no later than ten weeks before election day at the headquarters of the Austrian Veterinary Association and in the country offices of the Austrian Veterinary Association - if they are not set up elsewhere laid down by the Election Commission, appropriate - in the respective State for public inspection, and having regard to the possibility of the opposition to lay on. Is in Germany - in addition to the printout of the departments - voters evidence concerning the election / the country delegates only the expression for the concerned State is created of to put on evidence of voters.

(2) the imposition of the voters evidence referred to in paragraph 1 is pointing



1 on the place and the time of any inspection, as well as 2nd on the provisions applicable to the opposition procedure this regulation on the Internet pursuant to § 3 to be published.


(3) from the first day of the launch of the electoral evidence of registration, changes, or deletions only in the way of opposition proceedings may be made. Subject excluded cancellations § 17 para 4 and apparently a mistake based inaccuracies and form affliction, inaccuracies such as writing or calculation errors or it just zuhaltend in particular technically defective operation of an automation-supported computer based according to; This can be corrected by the Election Commission, referral to the Austrian Veterinary Association.

(4) in accordance with the technical possibilities, copies of the voters evidence may be made available during the period in the Member area of the homepage of the Austrian Veterinary Association.

Appeal against the selection of evidence

Section 19 (1) two weeks after launch the voters evidence can each ordinary member of the Board



1 due to recording supposedly not national entitled to stand people or 2 due to omission of supposedly national entitled to stand people writing raise a reasoned objection to the electoral register of his electoral body in the Electoral Commission.

(2) each appeal may relate only to a particular person. An objection is directed, at the same time against several people this is the / the opposition touts/opposition candidate without resetting default to correct.

(3) the Chairperson of the Electoral Commission has persons whose inclusion in a selection of evidence was challenged, thereof within two days after receipt of the objection has been proven in writing to communicate. Objections of those affected will only be considered if they are tabled in writing within one week after the notification of this communication in the Electoral Commission.

(4) the Election Commission has to decide, even if in this period a statement of objections within one week after expiry of the opposition period the / which is arrived affected not by the opposition. The Election Commission has to communicate the opposition touts/opposition candidate and the decision affected/affected immediately verifiably in writing of its decision.

(5) the Election Commission's decisions require a correction and supplement the evidence of voters, these are by the Election Commission carry out immediately.

(6) after the end of the opposition procedure, the Electoral Commission has the electoral evidence to complete. The closed evidence of voters are to consider the choice.

Determination of coefficient of the Division delegates

§ 20. After completing the voters evidence the Electoral Commission immediately has the number of delegates available to the departments in the Assembly of delegates (§ 19 ABS. 3 TÄKamG) to identify and permanently set. The setting is to be published in accordance with § 3.

4 section

Election proposals

Bringing the election proposals

Section 21 (1) voter groups participating in the election, have no later than eight weeks before election day when the Electoral Commission by post or in person to submit written nominations for the delegates to be elected. The receipt of the election proposal is to confirm the date and the time of receipt.

(2) nominations must include:



1. a clearly identifiable name of the voters group and any short name;

2. a list of the candidate, stating the name and surname, year of birth and the address of the professional seat, service location or usual place of residence (article 20 para. 3 TÄKamG);

3. by hand signed declaration of each in the election proposal candidate listed person, from the obvious that she meets the requirements for eligibility and agrees with the inclusion in the proposal is,

4. the name of the / the authorised agent of the constituency, the first undersigned as authorized delivery is otherwise.

3. each proposal must contain at least five election advertising people. If possible, one proposal should be at least as many candidates for the respective electoral body people, as expected (§ 16 par. 1 Z 4) to forgive are mandates for the respective electoral body, as well as at least three replacement candidates or candidates.

(4) the combination (coupling) of nominations is not permitted.

(5) changes in the proposal by deletion or re-recording of candidate people, as well as the withdrawal of the election proposal must by all persons who have competing on the former choice proposal, with the exception of / be signed from the election proposal for trending,.

(6) If a choice advertising person loses eligibility, the withdrawal or amendment of the election proposal are allowed after the deadline referred to in paragraph 1. This is from the / of the authorised agent of the constituency no later than four weeks before the election of the Election Committee to be communicated.

Examination of the election proposals

Section 22 (1) immediately has after the submission of deadline to examine the Electoral Commission the electoral proposals presented and promptly proven writing concerns, however, the / the authorised agent of the constituency. To remedy the defects, a period of one week is put.

(2) the Electoral Commission decides on the admission of the election proposals within three days after submission deadline or after the deadline for fixing defects.

(3) not to allow election proposals, are the



1. late presented not the candidate required number of persons (§ 21 para 3 of first kawaii) contain 2.

(4) election advertising at the end are people, lacking the eligibility to delete the proposal by the Electoral Commission of. As the names of those individuals to delete that are referred to as incomplete notwithstanding the amendment procedure carried out in accordance with paragraph 1, that there are doubts about their identity.

(5) several different nominations of the same electoral body have the same candidate's name, it must be by the Election Commission to ask, to explain for which the election proposals she will decide within three days. It is to delete all other nominations. Such a choice advertising person does not disclose its decision within the set time limit, it is to remove from the later tabled proposals. No signature of candidate people is required for this change an election proposal. The authorised agent of the election proposals, affected by the decision are to inform about this evidence.

(6) against the decision of the Election Commission on the approval of the election proposals, a separate appeal is not allowed.

(7) no election proposal will be submitted or the valid election proposals are not sufficient to occupy all to select functions (delegates and representatives/alternates), the Election Commission has to initiate the election process by means of renewed election tender again.

Announcement of election proposals

Section 23 (1) ordered the correctly created or amended election proposals no later than four weeks the Electoral Commission after examination before election day to announce electoral bodies in the Internet (section 3).

(2) the order of election proposals in the statement is addressed



1. According to the number of delegates of the groups of voters at the last election in the respective electoral body, 2 with equal number of delegates after the last election in the electorate for the constituency were determined number of the votes, 3. voter groups, which so far do not represent, according to the time of the arrival of the election proposal, following the sequence in accordance with Nos. 1 and 2.

5. section

Voting procedure

Election envelopes and ballot

Section 24 (1) has the choice to be made by means of official election envelopes and official ballots.

(2) the Electoral Commission has



1. the official ballots pursuant to par. 3 of the respective electoral body and 2 to provide for the inclusion of the official election envelopes and ballot of specific return envelopes in accordance with paragraph 4.

(3) the official ballot (para 2 subpara 1) have to correspond to the form template to list being the election proposals in the order in accordance with section 23 paragraph 2 according to Appendix 1 and next to each list is the possibility for the registration of a preferential voting.

(4) given for the inclusion of ballots election envelopes must be opaque to distinguish his and unique from the outside through print or available colours according to election body.

(5) the return envelopes (para. 2 No. 2) are using the form to the Election Commission to address and to provide with the sender of the eligible person.

Delivery of the election envelopes and ballot

Section 25 (1) up to 14 days before election day has the electoral commissions anyone voting according to the voters list in the corresponding electoral bodies



1. an official ballot for the election of the country delegates and an official ballot for the election of the delegates of the Department, 2 per an election envelope (section 24 para 4) for the election / the country delegates and for the election of the delegates of the Department, 3. an expression of election proposals for the respective electoral body announced as well as 5 the return envelope produced for the individual candidate, 4. send to be created information sheet on voting against proof of delivery by the Chamber Office of the Austrian Veterinary Association.


(2) the forwarding referred to in paragraph 1 is in the electoral evidence to hold; the proof of delivery are to be kept with the voters evidence.

The voting procedure

The polling station of Election Commission as well as the personnel required to carry out the election - and thing facilities are § 26 (1) to deploy the Austrian Veterinary Association.

(2) in the polling station



1. the completed voters evidence of all electoral body, 2nd one to election proposals for the single electoral body, 3. expression of this regulation, as well as 4 a ballot box per electoral body to find.

(3) on the day after election day, the Election Commission to the implementation of the voting procedure and determination of the voting results in the polling station has to gather.

(4) any voter group, whose nomination is been announced, is entitled to have a person of their confidence (§ 12) as an observer/observers at the polling station. No influence on the course of choice Act may refer to the observer/observers.

(5) immediately prior to the vote, the Election Commission has to make sure that the ballot boxes are empty.

Voting

Section 27 (1) all eligible persons are obliged to use in voting the official election envelopes sent to them by the Election Commission and ballot.

(2) the distribution of the votes is done by marking the circle next to the name of the selected choice proposal.

(3) the person eligible to vote can in addition each awarded a preferential voting for a candidate a candidate of the list chosen by you in accordance with section 22 TÄKamG.

(4) for the election envelopes through the mail or via courier delivery, the voting person of the return envelopes provided by the Election Commission has to operate. Changes the name of the sender printed on the return envelope are not allowed. If a name change is made or other changes made to the sender printed on the return envelope cause doubt as to the identity of the eligible person they invalidate the vote. Delivery by mail or Messenger takes place at the expense and risk of the eligible person.

(5) the use of other than the official ballots or return envelopes invalidates the votes contained therein.

(6) the Electoral Commission has with her up to the election day incoming, to gather the election envelopes of containing return envelopes and to ensure their safe and orderly storage prior to proceeding with the voting procedure.

Absentee ballot

Section 28 (1) has the Electoral Commission by post or by courier no later than 16:00 of the election day received and then under the cap of held back envelopes to handle that.

(2) initially is to verify each incoming return envelope whether the name shining on the pre-printed sender of / of those who Wählerlevidenz of the appropriate election body is included.

(3) the name in the voters evidence does not occur, the return envelope any further treatment is to exclude.

(4) the name in the evidence of the voter is registered, so it shall be deleted from there. This operation can be carried out also automatically.

(5) on the return envelope must be opened, the official election envelopes are available in the return envelope and place in unopened in the appropriate ballot boxes. The secrecy of the election can be observed accordingly.

(6) ballots are not in the corresponding election envelope, but directly into the return envelope or an election envelope that was not delivered in accordance with § 25, these are



1 to insert appropriate election envelope in the return envelope and place 2 If no corresponding election envelope is in the return envelope from the in the corresponding ballot box / insert by the Chairman of the Electoral Commission in an appropriate election envelope and place in the corresponding ballot box.

(7) doubts about whether an election envelope in the ballot box is to surrender the Electoral Commission decides.

(8) return envelopes, which arrive after 16:00 of election day are unopened stating "too late get up" to put the offing. The operation is to be noted in the minutes.

Votes count

Section 29 (1) if all present in the Electoral Commission election envelopes in accordance with § 28 have been treated, explained the Chairman the voting closed.

(2) in the case of counting of votes is to begin with the Department of the self-employed, then the Department of employees is to count and then the Federal States, in alphabetical order.

(3) the Election Commission mixes the election envelopes in ballot, emptying the ballot box and finds:



1. the number of return envelopes according to § 28 para 3 for non-inclusion in the voters evidence excluded from voting;

2. the number of the election envelopes emptied out of the ballot box;

3. the number of registered in the evidence of voters for the electoral voting persons for which a vote is recorded;

4. the alleged reason, if does not match the number in accordance with no. 2 with the number according to no. 3.

(4) the Electoral Commission opens the given election envelopes on this, takes the ballot, checks their validity, provides the invalid ballots with sequential numbers and notes:



1. the total amount of valid and invalid votes;

2. the sum of the valid votes;

3. the valid votes attributable to the individual candidate lists;

4. the allocated votes.

Validity of the vote

Section 30 (1) of the ballot is valid filled, if is to see clearly from him, which election advertising group wanted to choose the person eligible to vote. This is the case, once in the circle printed next to the candidate group a lying cross or other mark, clearly stating that the choice advertisers group, run on the same line should be referred to.

(2) the ballot is invalid if



1. an other than the official ballots to the vote has been used, or 2. the ballot by tearing off a portion so was affected, that not more clearly indicate which choice promotional group wanted to choose the person eligible to vote, or 3 at all, no election advertising group was indicated, 4. two or more election advertising groups have been drawn, or 5 from the label attached by the eligible person or other marking is not clear , which election advertising group was indicated.

(3) blank election envelopes count as invalid ballots. An election envelope contains multiple ballots, denominated in different groups of election advertising, so they count, if their invalidity arises not yet for other reasons, as invalid ballots.

(4) If an election envelope contains several official ballots, so they count for a valid, if



1 on all ballots, the same choice promotional group was known, or 2 at least a ballot is valid filled and no doubt over the selected choice promotional group resulting from the designation of other ballots, or 3. in addition to a valid completed official ballot the remaining official ballots are outline.

(5) words, remarks or signs that were placed on the official ballot except to identify the candidate set, does not affect the validity of a ballot, if this results in a nullity reason in accordance with paragraph 2 or 3. In the election envelope inserts of any kind will not impair the validity.

6 article

Election result

Determination of election results

Section 31 (1) is the number of mandates relating to the individual nominations of an Electoral Committee to determine the number of choice. The number of election shall be calculated as follows:



1. the number of valid votes cast for each election proposal are, according to their size, written next to each other; under each of these figures, their half, this is her third, quarter and demand also their fifth, sixth and so on. The sovielte of numbers written on is considered as a choice number, falling according to the size, Department mandates are allocated. The choice number can be expected to three decimal places.

2. so many mandates are counted each proposal, as is the number of dial in the number of votes cast for him valid.

3. multiple choice proposals have after this calculation the same claim to a mandate, shall decide the number of remaining votes. The lots with same number of remaining votes.

(2) the election result is immediately after his statement to be published (public announcement in accordance with § 3).

Allocation of mandates

32. (1) the allocation of mandates according to the Electoral Commission subject to the following provisions.

(2) the attributable to the relevant list (nomination) mandates of the Department delegates are to assign the candidates listed in the proposal by the Electoral Commission after a number of their naming - subject to a changeover after para 3. The next lined up people of the concerned election proposal are elected as representatives/alternates of the delegates in the order of their mention in the nomination.


(3) end of election advertising people, numbering of preferential votes (article 27 par. 3) is at least one-third of votes attributable to this list, or who have gained at least as many votes as the triple choice number (§ 31 para 1), are taken into account in the allocation of mandates from the party list Erstgereihten. The order of allocation of mandates to be awarded on the basis of achieved votes here depends on the order of achieved votes of each candidate person, the order starts with the maximum number of votes of each follows the next lower number of preferential votes. Two or more election advertising people on the assignment of a mandate would have the same claim in a case because they have the same number of votes, the order in which of the candidate people on the nomination (list) is decisive, if not a mandate provided for each.

(4) that person applies as country delegate/country delegate chosen, the Erstgereihte/Erstgereihter of the list, on which the highest number of votes of the Federal State (§ 8 para 1) accounts for are, is. The next rows person of the concerned election proposal deemed to substitute/Deputy / the country delegates elected. A candidate a candidate a land selection proposal will receive so many votes that their number is more than half of the votes attributable to this nomination, it moves to the first position in the list.

(5) persons, not as delegates as representatives/alternates are selected, are following substitute members (§ 25 para 4 TÄKamG) in the event that a mandate of its list is done.

(6) an election advertising person on several proposals of different electoral body (State proposal, Department proposal) is selected, it shall within 48 hours after the announcement of the election results (§ 31 para 3), from the their double election results communicated in writing to the Electoral Commission, for what mandate she will decide. A release of the twice-elected person doesn't arrive within the above time limit, the mandate applies to the Department. The authorised agent of the election proposals, affected by the decision are to inform about this.

Understanding of the delegates

33. (1) has the Electoral Commission to communicate the elected delegates and the respective representatives/alternates by registered letter within three days from the identification of the result of their choice.

(2) the election shall be deemed adopted, if it is rejected in writing within one week of notification of the communication to the Election Commission. In rejecting the choice para is mutatis mutandis according to § 25 proceed 4 TÄKamG.

7 section

Offing, challenge to the election

Offing

34. (1) the Election Commission has to document the operation of the voting procedure, the result of the vote, and the election result for each election body in a transcript. For the drafting of the minutes Secretary/Secretary is from the members of the Electoral Commission a to choose.

(2) the minutes shall contain at least:



1. the name of the choice place.

2. the names of arriving and absent members of the Electoral Commission;

3. the name of the present observer/observers of voter groups;

4. the time of the beginning and end of the voting procedure on the day after election day.

5. the decisions of the Election Commission about the exclusion of election envelopes due to non-inclusion in the voters list;

6. other decisions of the Electoral Commission were taken during the voting procedure;

7. the findings of the Electoral Commission according to § 30 para 2 to 4, and, if invalid votes were determined to lead is also the reason of the invalidity;

8. the vote definitively determined.

(3) the minutes shall be connected:



1. the evidence of voters;

2. the voting directories (crossed off voter evidence pursuant to § 28 para 4);

3. the invalid ballots, which are to provide and to pack in separate envelopes with corresponding inscriptions;

4. the valid ballots, which are to provide and to pack in separate envelopes with corresponding inscriptions;

5. a list of valid votes relating to the individual candidates;

6. the open return envelopes;

7. the late received unopened return envelopes (§ 28 para. 8).

(4) the minutes is signed by the present voting members of the Electoral Commission. Are she not signed by all the members, is the reason for this purpose be indicated.

(5) the minutes together with the supplements is the Act of the Electoral Commission.

(6) the offing - except the return envelopes - are to be kept by the Chamber Office at least until the end of the respective term of Office. The return envelopes are to be kept at least until the deadline for a challenge to the election at the Constitutional Court.

Objecting to the determination

Section 35 (1) within one week after the announcement of the election result may charge each group of voters approved the choice in the respective electoral body against the determination of the election result a reasoned objection in the Electoral Commission.

(2) will be charged an objection referred to in paragraph 1, the Election Commission on the basis of the offing has once again to review the election results. If arises that the election result was not properly determined, the Electoral Commission has now to set the earnings on the Internet (section 3), to explain the statement null and void and to announce the right result.

(3) the Election Commission finds no cause for the rectification, is the appeal be dismissed.

(4) against the decision of the Election Commission on appeals against the determination of the election result, a separate appeal is not allowed.

3. main piece

Election of the Executive Committee

Announcement of the election

36. (1) has at least six, no later than eight weeks after announcement of the election results of the elections to the Assembly of delegates to convene the elected delegates to the inaugural meeting / the previous President/President of the Austrian Veterinary Association, and to set the agenda item 'Election of the Board of Directors' meeting on the agenda.

(2) the announcement of the election by the President, recalling on the provisions of § 23 para 2, 3 and 5 TÄKamG, at least four weeks before by proclamation (section 3) must be made.

(3) the management of the election is whether the Chairperson of the Electoral Commission in accordance with article 10 (in the following election Commissioner/Election Commissioner).

Election proposals

37. (1) end of election advertising groups have to introduce their proposals (lists) in the Chamber Office in writing at least one week before the election. One proposal is only valid, if he



1. name (first name and surname), address and date of birth of five Board candidates or candidates, and at least three replacement candidates or candidates that are passively to vote in accordance with paragraph 2, contains;

2. one of all members of the list by hand signed declaration, for the Office of the President / President or Vice-President / Vice President to available, enclosed and 3 the election proposal is supported by at least five delegates by handwritten signature,.

The endorsement must include the / of the delegates the election proposal as well as the name and date of birth. Any/all delegates must support only a proposal; a delegate is not allowed.

(2) passive vote are all persons who are TÄKamG ordinary members (mandatory) the Austrian Veterinary Association according to § 9 at the time of the announcement of the election (section 37).

3. each proposal must lead a member of the list as a delivery-authorized representative / delivery agent. No delivery authorized person is nominated, the / the first identified candidate/candidate considered representative.

Conduct of elections

The election Commissioner / the election Commissioner has 38 (1) to examine the election proposals received in a timely manner and to arrange that the valid election proposals will be published no later than three days before the election referred to in section 3.

(2) in the constitutive meeting of the Delegate Assembly, the election of the Board of the Austrian Veterinary Association according to § 23 para is 2 and 3 TÄKamG by secret, written agreement in the presence of election Commissioner / of the election Commissioner.

(3) the candidates/candidate of the candidate groups are entitled to be present at the election.

(4) before the election determined the meeting so many voice person/tellers of their members as election proposals are available. In each a delegate / a delegate who has supported this proposal, is to choose for each proposal. Only one proposal is, at least two voice person/vote counters are used to choose, where a voice Zaehlerin / a scrutineer from is the District of delegates who did not support the proposal.

(5) any/every delegate has his voice by means of ballot papers that correspond to according to annex 2 of the form template to submit.


(6) ballots for counting are different colored ballot with voting weight 100, 50, voting weight after heads (single) and also one to deploy ten votes and votes. The voting weight related to any/every delegate is doing so to determine that the calculated factor with 10000 (ten thousand) is multiplied by TÄKamG in accordance with § 15 paragraph 7.

(7) for the vote, a ballot for an election envelope, the solo part and the number corresponding to the weight of his votes by election envelopes and blank ballots in the maximum outline in accordance with paragraph 6 are each/every delegate by the election Commissioner / the election Commissioner to hand over. The election envelope for the solo part has to differ in format from the election envelopes for the weighted ballots.

(8) the selected by ticking the selection proposal on each submitted ballot. Each ballot is to give a private election envelope. The election envelopes are to interject in a ballot box.

Outcome of the election

39. (1) the counting and allocation of mandates is made by the election Commissioner / the election Commissioner.

(2) for the time being, the votes are for people (parts) to count. Then the weighted vote to be separated. Ballots are invalid if at all no choice promotional group was drawn, or two or more election advertising groups were drawn.

(3) an election advertising group achieved at least five-sixths of the valid votes, she is selected as a team. / The Listenerste is elected as President/President, the four following candidates are elected as Vice Presidents/Vice-President, where the ranking determined according to their ranking on the election proposal.

(4) no election advertising group reaches the majority of five sixths (para 3) are the mandates in the Board by analogy with application of article 31 on the basis of the individual parts (voices for heads) to assign. President/President is the Listenerste of the list, which has achieved the highest number of votes. The order of the Vice Presidents/Vice-Presidents arises from the order of assigned mandates. Is the same entitlement to a mandate as President/President or Vice-President/Vice-President, on the basis of the individual parts (voices for heads) for two lists the mandate of the list is to assign which won more weighted votes.

(5) after counting the votes and allocation of mandates, the election Commissioner / the election Commissioner has to communicate the result of the Chairperson of the Assembly of delegates.

Last number redial

section 40. Is only a valid proposal is tabled, is a vote carried. The election process is the choice advertisers group receives no more than half of the valid votes after heads to repeat twice. The required majority is not reached even after the repetition is immediately again to write out the election and recalled the election meeting in four weeks.

Notice of election

section 41. Upon completion of the election acts the election Commissioner / the election Commissioner that has to take care, that listed the electoral process and its result in a transcript. These minutes shall be signed by the Chairman of the Congress of delegates, the election Commissioner / the election Commissioner, as well as by the members of the newly elected Board of Directors and to submit reference having supplements of the Federal Minister / the Federal Minister of health and the other on the Election Act. A request for the swearing in of the newly elected Board of the transcript is to connect.

4. main piece

Supplementary elections

Supplementary elections to the Assembly of delegates

If the filling of a function in the Assembly of delegates is not possible TÄKamG according to § 25, because no elected replacement member is more available the relevant list, has the President / the President 42. (1) without delay to inform the Chairperson of the Electoral Commission and at the same time arrange the supplementary election for the remaining term of Office. It is also to proceed if the occupation of a function is not possible, because the choice advertisers list on which to apply the appropriate mandate, has not enough people or none of the chosen people accepting the mandate.

(2) the Election Commission has to write the choice for the concerned election body applying by analogy with the 2nd main section (except section 7) and perform, with each proposal, as is required for the occupation of corresponding feature/functions must contain at least as many election advertising people.

(3) the remaining term of Office of the Assembly of delegates is shorter than one year, the supplementary election for representative/representatives of divisions can be avoided, if the Department Committee (§ 31 TÄKamG) of the affected Electoral Committee agrees and his decision of this is not impaired.

Supplementary elections to the Board of Directors

43. (1) will free the Office of the President / President or a Vice President, a Vice President during the term of Office of the Board, because a moving up according to § 25 TÄKamG is not possible, the re-election of the President / President or Vice-President / Vice President in by analogy with application of the 3 main piece within eight weeks it carry out.

(2) nominations for the election referred to in paragraph 1 must include as are required for the staffing of the completed feature/functions, only so many choice advertising people.

New elections on the basis of dismissal or removal from Office

44. (1) the Assembly of delegates is ousted incapable of decision or by the supervisory authority, has the Board immediately after the 2nd arrange new elections main piece. The term of Office of the Assembly of delegates so elected will take until the end of the original term of Office.

(2) if the Board incapable of decision, dismissed or relieved of his duties, who has ordered Government Commissioner/Commissioner of the Government (section 27, paragraph 2 TÄKamG) within six weeks to convene the delegates to a session and the agenda item "Election of the Executive Committee" on the agenda of the session to put. The choice according to the 3 main pieces. The term of Office of the Board so elected will take until the end of the original term of Office.

5. main piece

Transitional provisions

December 15, 2012 has the Board of Directors of the Austrian Veterinary Association in the initial election of the delegates § 45. (1) no later than under this regulation to order.

(2) the members and alternate members of the Election Committee in accordance with section 10 para 2 are Z 2-5 to make known the Minister / the Federal Minister of health no later than three weeks after entry into force of this regulation. Exists no appropriate nomination, appointed the Federal Minister / the Federal Minister for health until legally qualified to nominate a/a servants/officials of the Chamber Office, per a person from among the members of the Department of the self-employed and employees, as well as three people from the District of the Delegate Assembly as provisional members.

(3) If during the transition period of § 83 para 2 a new Board of the Congress of delegates elected TÄKamG, § 38 paragraph 6 with the proviso that instead of weighting of votes pursuant to § 15 para 7 TÄKamG the weighting according to § 36 para 6 has to be vet law applies.

Sands