Amendment Of The 1971 Federal Election Law

Original Language Title: Änderung des Bundespräsidentenwahlgesetzes 1971

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58. Federal law, with the presidential electoral law is changed in 1971

The National Council has decided:

The presidential election law, BGBl. No. 57/1971, as last amended by Federal Law Gazette I no. 12/2012, is amended as follows:

1. after section 24 the following Article 24a is inserted:

"Article 24a. (1) all candidates for the Office of the Federal President may spend EUR 7 million for election advertising. Spending by individuals and groups of people who support a candidates for the Office of the President, are to be in this sum.

(2) candidates, as well as natural persons or groups of persons within the meaning of paragraph 1 may for the election campaign donations in accordance with § 2 Z 5, 2012, Federal Law Gazette I assume no. 56/2012 party law and have to specify them in accordance with the following provisions:



1 total amount of donations by natural persons who are not under no. 2, 2. total amount of the donations of natural and legal persons registered in the register of companies, 3. total amount of donations of clubs that fall under no. 4 and 4 total amount of donations from voluntary membership-based professional and business associations, institutions, foundations or funds.

(3) donations, whose Gesamtbetrag exceed the amount of EUR 3 500, shall be disclosed, stating the name and address of the donor.

(4) donations, exceeding the amount of EUR 50 000 in the individual case, and donations by political parties are by the candidates or by individuals or groups of people who support the candidates, until at the latest 1 week prior to election day to disclose. This disclosure has, stating the name and address of the donor on the site of the recruiter of choice or the site of natural persons or the Group of people who support the candidates, to be.

(5) candidates or individuals or groups of persons within the meaning of paragraph 1 may accept any donations by:



1. Parliamentary Club in the sense of the Club (funding) Act 1985, BGBl. No. 156, and diet clubs, 2. entities within the meaning of § 1 para 2 journalism Promotion Act 1984, BGBl. No. 369, and educational institutions funded by countries parties, 3. public bodies, 4. non-profit institutions within the meaning of Section 4a para 2 subpara 1 to 3 of the income tax Act 1988, BGBl. No. 400, and facilities that are designed to promote grassroots sport , 5 companies and facilities in which the public sector with at least 25 participates %, 6 foreign natural or legal persons, unless the donation exceeds the amount of EUR 2 500, 7 natural or legal persons, if cash is a gift, that the amount of EUR 2 500 exceeds, 8 anonymous donors, unless the donation amounts to more than EUR 1 000 in some cases , 9 natural or legal persons who clearly want to forward a donation of an undisclosed third party, provided that a the donation more than EUR 1 000 10 natural or legal persons, the candidates or individuals or groups of people who support the candidates, recognizable in anticipation of or in return of for particular economic or legal advantage to grant donation and 11 third-party donations against a by the candidates or by natural persons or groups , which support the candidates, one would like to advertise for paid fee for the candidates or for natural or legal persons who support the candidates.

(6) Whoever as candidates or natural person or a member of a group of people who support the candidates, intentionally



1. a does out donation violates para 3 or 2 accepts a donation contrary to paragraph 4 and does not report or 3. accepts a donation violates paragraph 5 or is a 4 received donation to the circumvention of § 3, cut 4 or 5 Z 9 in partial amounts and recorded or recorded can be, commits an administrative offence and is fined to punish up to 20 000 euro. In addition, it is in foreclosure of one of the amount of each donation of a corresponding sum of money.

(7) candidates and individuals or groups of people who support the candidates, have revenue from sponsorship, whose Gesamtbetrag exceed EUR 12 000 to disclose under the name and address of the sponsor. § 2 Z 6 PPA is subject to the proviso to apply that sponsorship for candidates to the Office of the Federal President or for individuals or groups of people who support the candidates, is captured. Candidates and individuals or groups of people who support the candidates, have revenue from advertisements, as far as this revenue in some cases exceed the amount of EUR 3 500, stating the name and the address of the advertiser to disclose. § 2 Z 7 PPA is provided to apply that ads are presented in media, whose media owner of the candidates or individuals or groups of people who support the candidates that are,. Second sentence applies to the manner in which the disclosure of sponsorship and advertisements para 4.

(8) for the limitation of expenditure for election advertising in accordance with paragraph 1, the rules governing donations referred to in paragraph 2, 3 and 5, as well as the obligations to disclose sponsorship and advertisements of the period between the date of the election and the election of the ballot last of the candidates is decisive.

(9) (constitutional provision) illegal donations are para 5 of the candidates or by individuals or groups of people who support the candidates, without delay, forward at the latest within three months after election day, to the Court of Auditors. The Court of Auditors has to store the incoming funds to a separate account and in his activity report (art. 126e par. 1 B-VG) to lead. The Court of Auditors immediately forwards the received amounts at the beginning of facilities, scientific or charitable purposes.

(10) (constitutional provision) candidates for the Office of the President, as well as individuals or groups of people who support a candidates, have to collect proceeds in separate lists according to para 2 to 5 and paragraph 7. The lists are also an auditor to check and to sign and to provide the Court of Auditors not later than three months after election day.

(11) (constitutional provision) the a candidates or by individuals or groups of people who support the candidates, to create lists are under the control of the Court of Auditors. The Court of Auditors has to check their arithmetical accuracy and compliance with this federal law in accordance with the following paragraphs.

(12) (constitutional provision) if the Court finds that submitted lists the requirements of section 2 to 5 and 7 correspond to him, these are on the website of the Court of Auditors and the site of the recruiter of choice or of individuals or groups of people who support the candidates, to publish. Unless concrete evidence the Court of Auditors, that information contained therein is incorrect or incomplete, is the concerned candidates or the individuals or groups of people who support the candidates, to give the possibility to comment on the Court of Auditors within reasonable period of time. He may require the confirmation of the correctness of its opinion by the candidates or the natural person or group of people who support the candidates, by their auditors.

(13) (constitutional provision) the opinion presented after paragraph 12 grants the Court of Auditors present concrete evidence of misstatements not the Court from a list submitted by the Chamber of Auditors of accountants by Los has to hire a so far not ordered Auditors examining the donation list. The candidates or the natural person or group of people that supported the candidates, has required documentation and evidence to grant the auditor appointed by the Court of Auditors access and insight into the testing.

(14) (constitutional provision) the Court of Auditors has to publish the results of its findings on its website, taking into account the test according to paragraph 13.

(15) (constitutional provision) the imposition of fines under this Federal Act is whether 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 receives the sales designation (1) in section 27 and the following sentence is added:

"The Federal Chancellor is entrusted with the enforcement of section 24a para 1 to 8."

3. section 27 the following paragraph 2 is added:

"(2) (constitutional provision) the enforcement of section 24a, para 9 to 15 is the Federal Government entrusted."

Fischer

Faymann