Amendment Of The 1971 Federal Election Law

Original Language Title: Änderung des Bundespräsidentenwahlgesetzes 1971

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58. Federal Law, which amended the Federal Presidential Elections Act 1971

The National Council has decided:

The Federal Presidential Electoral Act, BGBl. No 57/1971, as last amended by the Federal Law BGBl. N ° 12/2012, shall be amended as follows:

1. According to § 24, the following § 24a is inserted:

" § 24a. (1) Each election advertiser for the office of the Federal President may spend a maximum of EUR 7 million for the election advertising. This sum also includes the expenditure of natural persons and groups of persons who support an election advertiser for the office of the Federal President.

(2) Electoral advertisers as well as natural persons or groups of persons within the meaning of para. 1 may make donations for the election campaign in the sense of § 2 Z 5 Party Act 2012, BGBl. I No 56/2012, and shall state them in accordance with the following provisions:

1.

Total donations of natural persons not covered by Z 2,

2.

Total amount of donations from natural and legal persons registered in the company's register,

3.

Total amount of donations from clubs not covered by Z 4

4.

Total amount of donations from professional and business associations based on voluntary membership, from institutions, foundations or funds.

(3) Donations, the total amount of which exceeds the amount of EUR 3 500, shall be indicated by indicating the name and address of the donor.

(4) Donations that exceed the amount of EUR 50 000 in individual cases and donations from political parties shall be made by the election advertiser or by natural persons or groups of persons who support the election advertiser, no later than 1 week before the election day. . This disclosure shall be made by stating the name and address of the donor on the website of the election advertiser or the website of the natural persons or group of persons who support the election advertiser.

(5) Election advertisers or natural persons or groups of persons within the meaning of Section 1 shall not accept donations from:

1.

Parliamentary clubs within the meaning of the Club Finance Act 1985, BGBl. No. 156, and Landtag clubs,

2.

Legal entities within the meaning of Section 1 (2) of the Law on the Promotion of Journalism in 1984, BGBl. No 369, and by country-sponsored educational institutions of the parties,

3.

public bodies,

4.

Non-profit institutions within the meaning of Section 4a (2) (2) (1) to (3) of the Income Tax Act 1988, BGBl. No 400, as well as facilities for the promotion of grassroots sport,

5.

Undertakings and institutions in which the public sector is involved in at least 25 vH,

6.

foreign natural or legal persons, provided that the donation exceeds the amount of EUR 2 500,

7.

natural or legal persons, provided that it is a donation in cash exceeding EUR 2 500,

8.

anonymous donors, provided that the donation in individual cases is more than EUR 1 000,

9.

natural or legal persons who wish to transmit a donation from a third party, provided that the donation is more than EUR 1 000;

10.

natural or legal persons who, in anticipation or in return of a particular economic or legal advantage, identify to the electoral advertiser or to any natural person or group of persons who support the election advertiser, want to grant donation and

11.

Third parties, the donations against a ballot or natural person or group of persons who support the electoral advertiser, for the payment of the election advertiser or for natural or legal persons who support the election advertiser, to advertise.

(6) Anyone who intentionally or as a natural person, or as a member of a group of persons who supports the election advertiser, intentionally

1.

a donation contrary to paragraph 3 does not show or

2.

accepts a donation against paragraph 4 and does not report or

3.

a donation contrary to paragraph 5, or

4.

a donation received for the purpose of circumvention of paragraphs 3, 4 or 5 Z 9 shall be broken down into partial amounts and recorded or recorded;

shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 20 000. In addition, an amount of money corresponding to the amount of the respective donation shall be recognised.

(7) Election advertisers and natural persons or groups of persons who support the election advertiser shall disclose revenue from sponsorship, the total amount of which exceeds EUR 12 000, with the name and address of the sponsor. § 2 Z 6 PartG is to be applied with the proviso that sponsorship for election advertisers is recorded for the office of the Federal President or for natural persons or groups of persons who support the election advertiser. Ballot advertisers and natural persons or groups of persons who support the election advertiser shall have income from advertisers, in so far as this revenue exceeds the sum of EUR 3 500 in individual cases, stating the name and address of the advertiser . § 2 Z 7 PartG is to be applied with the proviso that advertisements in media whose media owners are the electoral advertiser or natural persons or groups of persons who support the electoral advertiser are recorded. The second sentence applies to the manner in which sponsorship and advertisement disclosure are disclosed.

(8) The period between the date of the election and the election day shall be limited to the limitation of the expenditure on election advertising as referred to in paragraph 1, the rules on donations pursuant to para. 2, 3 and 5, as well as the obligations for disclosure of sponsorship and advertisements. of the last ballot for the ballot box.

(9) ( Constitutional provision ) According to paragraph 5, donations which are not permitted shall be forwarded to the Court of Auditors without delay by the electoral advertiser or by any natural person or group of persons who support the election advertiser, no later than three months after the election day. The Court of Auditors has to keep the amounts received in a separate account and, moreover, in its activity report (Art. 126d (1) B-VG). The Court of Auditors shall, at the outset, immediately forward the sums received to bodies which serve for the purpose of mildmaking or scientific purposes.

(10) ( Constitutional provision ) Ballot advertisers for the Office of the Federal President, as well as natural persons or groups of persons who support an electoral advertiser, shall record the revenue generated in accordance with paragraphs 2 to 5 and paragraph 7 in separate lists. The lists shall also be reviewed and signed by an auditor and shall be forwarded to the Court of Auditors no later than three months after the election day.

(11) ( Constitutional provision ) The lists to be drawn up by an electoral advertiser or by natural persons or groups of persons who support the election advertiser shall be subject to the control of the Court of Auditors. The Court of Auditors shall, in accordance with the following paragraphs, examine the correctness and consistency thereof with this Federal Law.

(12) ( Constitutional provision ) If the Court of Auditors finds that lists transmitted to it comply with the requirements of paragraphs 2 to 5 and 7, these are on the Court of Auditors ' website and on the website of the electoral advertiser or of the natural persons or groups of persons who make up the Support for election advertisers. Where the Court of Auditors has concrete evidence that the information contained therein is incorrect or incomplete, the electoral advertiser concerned or the natural persons or groups of persons who support the electoral advertiser shall be of the opinion of the The Court of Auditors shall be able to give its opinion within a reasonable time It may require the electoral advertiser or the natural person or group of persons who support the election advertiser to confirm the accuracy of their opinion by their auditors.

(13) ( Constitutional provision ) If the opinion referred to in paragraph 12 does not concede the Court of Auditors ' specific indications of inaccuracy, the Court of Auditors shall, on the basis of a list of auditors forwarded by the Chamber of Auditors, have the following: Let go of an auditor who has not been appointed so far with the examination of the donation list. The electoral advertiser or the natural person or group of persons who support the electoral advertiser shall have access and inspection to the auditor appointed by the Court of Auditors in the documents and supporting documents necessary for the examination.

(14) (constitutional provision) The Court of Auditors shall publish the results of its findings on its website, taking into account the examination referred to in paragraph 13 above.

(15) (constitutional provision) The imposition of fines under this federal law is the responsibility of the independent parties-transparency-senate, which has to decide on the basis of the documents submitted by the Court of Auditors.

2. The previous text in § 27 receives the sales designation "(1)" and the following sentence shall be added:

"With the enforcement of § 24a (1) to (8), the Federal Chancellor is entrusted."

The following paragraph 2 is added to § 27:

" (2) ( Constitutional provision ) The Federal Government is entrusted with the enforcement of Section 24a (9) to (15). "

Fischer

Faymann