Electoral Law Amendment Act, 2011

Original Language Title: Wahlrechtsänderungsgesetz 2011

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43. Federal law with the Federal Constitutional law, the National Council election regulations 1992, the presidential electoral law of 1971, the European election rules, the voters evidence Act 1973, the Europe voters evidence law, the referendum law of 1972, the referendum law of 1989, the Referendum Act 1973 and the code of criminal procedure 1975 change (Electoral Law Amendment Act, 2011)

The National Council has decided:

Article 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, most recently amended by the Federal Constitution Act, Federal Law Gazette I no. 98/2010, is amended as follows:

1 article 6 is added the following subsection 4:

"(4) in matters pertaining to the holding of elections of the President, by elections to the General representative bodies and the European Parliament, the election of the mayor by the beneficiaries to the election of the local Council, in matters pertaining to the implementation of referendums, plebiscites and referendums on the basis of the Federal Constitution or the Constitution of a country, as well as in matters pertaining to the immediate participation which to the Municipal Council electors on the care of the Affairs of the own area of effect of the community apply for the duration of arrest or detention in the sense of" "Federal Constitutional law on the protection of personal freedom, Federal Law Gazette No. 684/1988, the last residences and the last main residence prior to arrest or detention as residences or principal residence of the person detained or suspended."

2. Article 26 paragraph 5 reads:

"(5) an exclusion can be provided, from voting or eligibility in respectively different scope only by federal law as a result enter legally binding judicial conviction."

3. Article 60 paragraph 3 reads:

"Who is eligible to the National Council and has completed the age of 35 years on election day selectable (3) of the Federal President only,."

4. Article 151 is added the following paragraph 46:

"(46) article 6 paragraph 4, article 26 paragraph 5 and art. 60 para 3 as amended by Federal Law Gazette I no. 43/2011 apply with October 1, 2011." "Expiry of previous article 60 par. 3 second sentence allows the Act relating to the referral of the country and the acquisition of the assets of the House of Habsburg Lorraine, Gazette No. 209/1919, untouched."

Article 2

Change the National Council election regulations 1992

The Federal law on the election of the National Council (National Council of election regulations 1992 - NRWO), BGBl. No. 471, last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. paragraph 22:

              "§ 22 (1) who by a domestic court on a 1 to 14, 15, 16, 17, 18, 24 or 25 section of the special part of the Penal Code - StGB offence;"

2. offence in accordance with § 278a-278e StGB;

3. offences under the Prohibition Act 1947;

4. in connection with an election, a referendum, a referendum or a referendum committed offence after the 22 section of the special part of the Penal Code to one not conditionally provided for imprisonment of at least one year or for any other offence committed with intent to not conditionally provided for imprisonment of more than five years been convicted is, may be excluded by the Court (section 446a StPO) on the basis of the circumstances of the case of the right to vote.

(2) the exclusion from the right to vote begins with the judgement and ends as soon as the sentence is enforced and carried out preventive measures associated with detention or have lapsed; is the penalty Debarment is serving one only through pretrial been, the exclusion ends with the judgement. "The end of exclusion from the right to vote in the aftermath of the date falls may until the end of the access period (§ 25 para 1) inclusion in the electoral roll are coveted."

2. paragraph 25 paragraph 2:

"(2) the launch of the voter list has the Mayor prior to commencement of the inspection period object to be published. The announcement has also the inspection period, the daylight hours for the inspection, which - except on Sundays and bank holidays - not less than four hours must be calculated, the designation of offices where the electoral roll is to contain the Office job, where protests against the electoral roll can be inserted, as well as the provisions of paragraph 3 and of sections 28 and 33. In determining the hours of the day for the consultation to take allow the inspection also outside normal working hours is carefully. On Sundays and bank holidays allowing inspection can be avoided."

3. paragraph 39:

"Section 39 (1) is the exhibition of the electoral map at the community of the voters on the electoral roll was entered, starting with the day of the election call in writing or orally, stating the reason in accordance with article 38, paragraph 1 to apply for. A telephone application is not allowed. The application can be made in writing no later than on the fourth day before election day. Verbally, the application can be made no later than on the second day before election day, 12:00. Also until the latter date an application may be made in writing, if a personal delivery of the electoral map to a person authorized by the applicant. Abroad, the exhibition and handing over the electoral map in the way of an Austrian representative authority may be requested. Orally presented application identity through a document is credible. At the request in writing the identity can be made, unless the applicant is not official or the application in the case of an electronic transfer with a qualified electronic signature is provided, credibly in other ways, in particular by specifying the passport number through the illumination of an official photographic identification document or a different document template. The community is empowered to review the way of a Passport Agency and photo ID Passport number or other documents in the way of the authority competent for the issuing of these documents. In the case of section 38, paragraph 2, the application has the explicit request for the visit by a special electoral authority in accordance with article 73, paragraph 1, and the precise of the premises where the applicant expected the visit by a special electoral authority to contain. People who are in public custody, has application to have an official confirmation of the accommodation.

(2) a voter living abroad, which is registered in the voters evidence (§ 2a of the voters evidence Act 1973) is, as long as his home address in the electoral evidence is covered by the municipality of he in the evidence of voters was registered to communicate promptly after tender of the election of the National Council in the post about the possibility of exercising the right to vote in the way of the absentee. Here he is on the possibilities to apply, where appropriate, also through a submission via the Internet, to inform. Communication can be done by E-Mail if an E-Mail address is known to the community. To people who have requested an official exhibition of the electoral map in accordance with § 2a para 6 or § 9 para 4 of the voters evidence Act 1973, voting cards are to submit, as soon as the appropriate forms, as well as the official ballots available to the community.

(3) the election map is as lockable envelope to produce and has the prints apparent in the Appendix 3 to wear. By appropriate technical measures to ensure that the the voters personal data concerning, in particular the signature, before forwarding to the district election office, are covered by a lockable latch is and that it is possible after closing the electoral map by corresponding perforation to reveal the personal data of the selector and the affidavit with the district election office, without having this already opens the electoral map. The flap has to wear prints remarks according to the technical nature of the electoral map to their handling in the case of voting via absentee ballot, as well as to the forwarding of the electoral map. Voting cards issued by means of automation-supported data processing sufficient instead of the signature of the Mayor the burial of his name; a certification by the Office is not required.

(4) is granted the application for a card, also an official ballot and a lockable election envelope, on which the number of the electoral district is printed, to follow are next to the electoral map. The latter are to place the envelope in the in para 3. The envelope is to be issued to the applicant. The applicant has to keep the envelope carefully up to the voting. With the envelope also a supplement to date by the country's electoral authority is to follow out, where are the published election proposals of the electoral district. In the case of a postal dispatch is the envelope in which the electoral map is to be marked with the note "Electoral map for the national election of XXXX".

(5) for the delivery or the delivery of requested voting cards: 1.

In the case of personal delivery of a card, the applicant has to sign a receipt. The applicant is not able, a note to record is on this.

2. in the case of dogs in health and nursing homes (section 72) the voting card in the case of a postal dispatch by means of registered letter solely to the recipient is itself. In this case, the letter with the notice "do not deliver to authorized agents" is to be provided.

3. voting cards delivered by messengers to the persons referred to in item 2, the confirmation by the patient is becoming Chairman. The applicant is not able, a note to record is on this.

4. for applicants not in no. 2, the electoral map in the case of a postal dispatch by means of registered letter is to send, unless, the choice card was applied for orally, electronically-mounted application was provided with a qualified electronic signature or the official exhibition of the electoral map was made following an application in accordance with § 2a para 6 or § 9 para 4 of the voters evidence Act 1973.

5. voting cards not 2 mentioned persons delivered to the in Z by Messenger or in the way of an Austrian representative authority, so is analogous to article 16, paragraph 1 and 2 of the extra law - ZustG to proceed with the proviso that a voting card also to stand as a candidate people can be followed out, which still have not completed 18 years of age. The delivery can be done without proof if the choice card was requested orally or electronically installed application with a qualified electronic signature was provided.

6. in writing requested voting cards are picked up by the applicant in person, may be followed out on the part of the community only against a receipt. The applicant is not able, a note to record is on this. When handing over a written requested voting card to a person authorized by the applicant is to confirm the transfer of the electoral map.

7. the instant a brought by a Messenger and used to vote via absentee ballot voting card through this is inadmissible.

(6) receipts over voting cards were followed out by Messenger or in the way of an Austrian representative authority, are to submit that the voting cards have been issued in any case on those communities. The forwarding of the Austrian diplomatic missions present receipts electronically is permitted. In writing asked requests, acknowledgment messages, memos, as well as a compilation of applications received electronically shall be after the period referred to in paragraph 1 of the local elections authority. This has the documents you submitted to connect the Act of the municipality.

(7) duplicate for lost voting cards may be accepted by the community. Unusable voting cards, was not glued to another and where the affidavit still not signed, can be returned to the community. In this case the municipality can issue a duplicate receipt of the electoral map. A choice card unusable is to feature in a case with an appropriate notice and to provide the municipal electoral authority. This has the choice card to connect the Act of the municipality.

(8) the municipal electoral authorities have to ensure, that shipments marked as voting cards (para 4 the last sentence), which have been deposited at the local post offices, picked at the time of the last closing of the respective post office before election day and on election day for a delivery to the applicant are provided. At this time are deposited, unresolved items marked as voting cards in post offices (para. 4 last sentence) out and ready for a transfer to a person delegated by the municipality election authority. The municipal electoral authorities have the Federal Ministry of the Interior about in their area retained, designated as voting cards programmes (para. 4 the last sentence) to inform. The Federal Ministry of the Interior has appropriate measures, such as setting up a telephone hotline, that applicant has the place of conservation of items designated as voting cards (para 4 last sentence) can be used in knowledge. Deposited in Austrian embassies, unresolved election cards can be destroyed after election day. The municipality has issued such a choice card is to put this electronically in knowledge.

(9) a voter's of the community immediately to inform, if not a consequence of his application for a voting card."

4. paragraph 40 paragraph 1:

(1) that is issuing the card of choice in the electoral roll under the heading "Note" in the concerned voters with the word "Election card" conspicuously. Until the twenty-ninth day after election day, the communities have against any electors registered on the electoral roll upon oral or written request information to give, if a card has been issued for him. For this purpose, after passing the electoral rolls to the municipality election authority, communities have until the indicated date to provide copies of the electoral roll, unless they have other records, such as in a computer application, on the issued voting cards. When a request has to persuade his identity. the voters"

5. paragraph 41:

"41. (1) all men and women who have Austrian nationality on the date, on election day have reached age 18 and not by a domestic court because one or more criminal acts committed with intent to imprisonment exceeding one year are res judicata are selectable. The exclusion of eligibility ends after six months. The period begins as soon as the sentence is enforced and carried out preventive measures associated with detention or have lapsed; is the penalty Debarment is serving one only by crediting was, the period shall begin with the judgement.

(2) the entry of legal consequences under other legal provisions, the legal consequences are extinguished or have been seen after the sentenced person all legal consequences, so he is not excluded from eligibility. The exclusion of eligibility not occurs also as far as the Court has conditionally seen after the penalty. Will revoke the conditional leniency, so the exclusion of eligibility comes with the day of the legal force of this decision."

6. in article 42, paragraph 1, the phrase 'at the latest on the thirty-seventh day"is replaced by the phrase 'at the latest on the forty-fourth day".

7. in article 46, paragraph 2, the phrase 'at the latest on the 34th day"is replaced by the phrase"on the einundvierzigsten day".

8. in article 46, paragraph 3, the phrase 'at the latest on the thirty-first day"is replaced by the phrase 'at the latest on the thirty-eighth day".

9. in paragraph 47, the phrase 'at the latest on the 34th day"is replaced by the phrase"on the einundvierzigsten day".

10. in article 48, paragraph 1, the phrase 'at the latest on the 34th day"is replaced by the phrase 'at the latest on the einundvierzigsten day".

11. in article 48, paragraph 2, the phrase 'at the latest on the thirty-first day"is replaced by the phrase"at the latest at the thirty-eighth day".

12. in article 49, paragraph 1, the phrase 'at the latest on the thirty-first day"is replaced by the phrase 'at the latest on the thirty-eighth day".

13. in article 49, paragraph 3, the phrase 'at the latest on the thirtieth day"is replaced by the phrase 'at the latest on the thirty-eighth day".

14. in article 50, paragraph 1, the phrase 'at the latest on the 34th day"is replaced by the phrase 'at the latest on the einundvierzigsten day".

15. in article 50, paragraph 2, the phrase "until the 34th day" is replaced by the phrase "up to the einundvierzigsten day".

16. in article 52, paragraph 2 the time replaces "6:00" the time "5:00".

17 paragraph 60:

"Section 60 (1) can the right to vote of those voters, which according to the § § 38 and 39 voting cards were issued, be exercised in the way of sending a sealed election map at the district election authority (absentee ballot). Voting by absentee ballot can be done immediately after receiving the voting card.


(2), the voter has to put the official ballot filled out by him in the beige coloured election envelope, to close this and to place in the electoral map. Then he has on the electoral map by handwritten signature affidavit to explain that he has completed the official ballots personally, unnoticed and unaffected. Then he has to close the voting card. The electoral map is in sufficient time to provide that the electoral map received there at the latest on the election day, 17:00, at the district election office, or to submit during the opening hours of the polling station on election day at a polling station of the Stimmbezirks of the district election office. Voting cards that are at a voting abroad by an Austrian representative authority or an Austrian unit until the sixth day before election day, at a diplomatic mission outside the European economic area or outside of Switzerland to the ninth day before election day, shall be automatically forwarded by the consular authorities or the Austrian unit at the district election authority. Forwarding is allowed, one after the sixth day before election day, in diplomatic missions outside the European economic area or outside of Switzerland after the ninth day before election day, incoming voting card by an Austrian representative authority or an Austrian unit at the district election authority if assured that the voting card can arrive at the district election authorities still in time, or the voter in knowledge is used, , that a receipt is guaranteed may in time. The Federal Government has to bear the costs for delivery of election map at the district election office in the post.

(3) voting in the way which is absentee void if 1 the affidavit on the election map demonstrably not or not by the electorate was traded, 2. no election envelope contains the voting card, 3. just another or several other than the beige coloured envelope of choice includes the choice card, 4 contains two or more beige coloured election envelopes the electoral map, 5. the election envelope, aside from the imprint of the number of electoral district , is labeled 6 integrity checking (§ 90 para 1) revealed, that the electoral map is so damaged is that a previous abusive removal or dismounting of the inverted election envelopes cannot be excluded, 7 on the basis of an application under the flap nearby fields of the electoral map the data or the signature of the voter can be made invisible or 8 the choice card not later than on election day , 17:00, at the competent district electoral authority is received or been given up to this point in a polling station of the Stimmbezirks.

(4) after their visualization and the voting cards received the voting cards at the district election office voting via absentee ballot used the data under the tabs are after to capture then until the counting (article 90 paragraph 1) officially under lock and key to keep.

(5) on election day, as well as on the day before the election the district election office has each from 8.00 until 17.00 for the receipt of voting cards from the own voting district, which have been used to vote via absentee ballot, to take care. Before receiving a card she has to check whether this is an electoral map of the own Stimmbezirks."

18 § 70 the following paragraph 3 is added:

"(3) in every polling place voting cards of the own Stimmbezirks, which have been used to vote via absentee ballot, for the purpose of forwarding to the district election office (§ 85 para 3 lit. are during the opening hours k) to accept.

19. in paragraph 85, par. 2 lit. the point j is replaced by a semicolon.

20 § 85 para 2 is following lit. k added: "k) the number of voting cards accepted in accordance with § 70 para 3 of the own Stimmbezirks, which have been used to vote by absentee ballot."

21. in article 85, paragraph 3 lit. i the point is replaced by a semicolon.

22 § 85 para 3 are following lit. j and lit. k added: j), where appropriate, documents referred to in article 39, paragraph 6, and paragraph 7, as well as unresolved election cards in accordance with § 39 para 8;

(k) the voting cards accepted in accordance with § 70 para 3 of the own Stimmbezirks, which have been used to vote by absentee ballot."

23 § 85 the following paragraph 9 is added:

"(9) the voting cards accepted in accordance with § 70 para 3 of the own Stimmbezirks, which have been used to vote via absentee ballot, are to submit if it is not guaranteed that they received on the first day after election day before 9:00 writing advance to the district election office."

24 § 86 para 2 penultimate sentence reads:

"The provisions of section 85, paragraph 2 shall apply for the transcript lit. a to f, i, j and k mutatis mutandis.'

25 paragraph 88:

'88 (1) has the district election office to comprise their split with election results in the municipal electoral authorities in Vienna the district election office, in the voting district so findings the national electoral authority established immediately in the fastest way, if necessary, by Messenger, to announce the (immediate).

(2) the district election office the national electoral authority the number of timely received voting cards, which have been used in the voting district to vote via absentee ballot, has to announce immediately (instant) in the fastest way, if necessary, by Messenger, on the election day at 17:00. On the day after election day the district election office has been this number to the number in the voting district in accordance with § 70 para 3 and the State election authority also in the fastest way, where appropriate, by Messenger, to announce (immediate) to supplement accepted voting cards."

26 paragraph 90:

"§ 90. (1) on the day after the election, 9:00, checks in accordance with section 60 in the way of the absentee ballot up to election day, 17.00 clock, incoming, as well as the accepted only in accordance with § 70 para 3 of the local electoral authorities and forwarded to the district election office voting cards on the integrity of the CAP as well as on visibility of the data and the signature of the voter the district returning officer under observation by the present assessor. Then it checks whether the apparent on the voting cards affidavits (§ 60 para 2) are available. Voting cards that do not meet these requirements, are not included in the results analysis. Then the district returning officer opens the voting cards, takes the with einzubeziehenden beige colored dial envelopes contained therein and puts them in a container for this purpose prepared. Voting cards, where a ground for invalidity pursuant to article 60, paragraph 3 is Z 2-5, are also not included in results analysis. Not with einzubeziehende voting cards must accompany the Act under lock and key. The reasons for the non-inclusion of the voting cards have to be recorded in a transcript. After thoroughly mixing of the with einzubeziehenden election envelopes the district election office has to open it, to refer to the official ballot, to check their validity, to determine the invalid official ballot with consecutive number to provide and for the votes cast via absentee ballot: 1. the total amount of valid and invalid votes;

2. the sum of the invalid votes;

3. the sum of the valid votes;

4. attributable to the individual parties valid votes (party totals).

(2) then, the district election Office for the area of the Stimmbezirks has to comprise the tallies of votes cast via absentee ballot with the election results in accordance with article 88, paragraph 1, immediately, to announce (immediate) the fastest way the responsible electoral authorities and to hold in a transcript. The results of the votes cast via absentee ballot are disclosed separately. Then has the district election Office for the votes cast via absentee ballot to determine the votes attributable for each candidate on the party list, and to enter into preferential votes protocols.

(3) once all offing the municipal electoral authorities in Vienna the district election office, have arrived at the district election office, these are from the district election office outside of Vienna alphabetically according to communities, in Vienna to electoral districts, to arrange to review the results of the local elections on any errors in the numerical results and, if necessary, to rectify this. Then, the district election Office for the area of the Stimmbezirks has to comprise the final local election results and hold in a transcript.

(4) Finally, her present preferential votes protocols of the communities and on the basis of preference votes protocols referred to in paragraph 2 the last sentence for any candidates on the party lists published one in the constituency of the country to determine the attributable to him preference in accordance with § 91 land selection proposal and to hold for the area of the Stimmbezirks in preference votes logs has the district election office on the basis of the.


(5) the records referred to in paragraphs 1, 2 and 3, as well as the preferential votes protocols referred to in paragraph 4 constitute the Act of the district election office. The offing of the municipal electoral authorities in Vienna the district election office, as well as the documents that choice cards voters according to, stored article 60 par. 4 to join as side dishes and promptly closed, possibly in the sealed envelope, this are to provide the competent authority of the country choice.

(6) in cities with its own statute, the district election office have to submit their reports directly to the district election office. Also the offing are by the district election office immediately to send to the district election office. Paragraph 3 to 5 and articles 86 to 89 are with the provision to apply, that is the aggregation of the results of the local elections and the determination of the election result in the voting district the district election office.

(7) on request, the district returning officer has at present observers (section 20a para 1) a compilation of the vote result of the electoral authority, signed by him to follow up.

(8) on the fourteenth day after election day that has to announce district election office number to determine the voting cards received up to then delayed and of the Federal Election Commission in the way the country electoral authority. Furthermore she has for a destruction of the unopened voting cards at the time to which the outcome of the election clearly happened, to ensure."

27 § 92 reads:

"article 92. Each country election authority has the total number of election envelopes entered into in their area by choice cards voters outside of own regional constituencies as well as the total number of the voting cards in time arrived in the ridings, which have been used to vote via absentee ballot, to determine and these numbers to announce the federal electoral authority the fastest way immediately (immediate) first of all, as soon as all reports to be reimbursed in accordance with § 88 arrived at her, immediately. On the day after election day the State election authority has these numbers to supplement the numbers of voting cards accepted in the ridings in accordance with § 70 para 3 and to announce (instant) of the Federal Election Commission also in the fastest way."

28. in article 93, paragraph 1, the phrase "in accordance with § 88' is replaced by the phrase"in accordance with article 88, paragraph 1".

29. in article 93, paragraph 3, the phrase is "article 90, par. 3 penultimate sentence and paragraph 4, second sentence," by the phrase "article 90, par. 2 first and second sentence" replaced.

30. in article 94, paragraph 1, the phrase "in accordance with § 88' is replaced by the phrase"in accordance with article 88, paragraph 1".

31 § 94 paragraph 3 penultimate sentence reads:

"These writings are signed by members of the State election authority and proven to provide the responsible electoral authorities in a sealed envelope in the fastest possible way with the corresponding election envelopes."

32. § 96 para 1 first sentence reads:

"(1) on the fourth day after election day, the election authorities in accordance with articles 78 to 83 has to open in accordance with election envelopes sent to article 94, paragraph 1, separate election envelopes as well as pursuant to § 94 paragraph 3 from the other country electoral authority, to take the ballot, to check the invalid ballots with sequential numbers to provide validity and to determine:"

33. in article 96, paragraph 2, the phrase "pursuant to article 90 paragraph 4" is replaced by the phrase "pursuant to article 90 paragraph 2".

34. in article 98, paragraph 2, of the parenthetical expression "(§ 90 Abs. 2) is" by the parenthetical expression "(§ 90 Abs. 4)" replaced.

35. in section 100, paragraph 2, the phrase "in accordance with article 96, paragraph 1" is replaced by the phrase "in accordance with § 96 para 2".

36. in article 102, paragraph 2 of the parenthetical expression (article 90, par. 2 and 4) by the parenthetical expression "(§ 90 Abs. 4) is" replaced.

36A. Article 111, paragraph 1, second and third sentence read:

"A member of the Federal Government or a State Secretary renounced his mandate as a member of the National Council, a non-elected candidates from the respective party list to the exercise of this mandate to appoint is so. Such candidates get after their retirement from Office, in the cases of article 71 of the Federal Constitution Act, Federal Law Gazette No. 1/1930, after the removal of the entrustment with the continuation of the Administration, that again mandate by the competent electoral authority assigned to, so they opposite within eight days of pursuit again forgo this."

37. § 120 para 2 last sentence reads:

"The election envelopes are then opened with a letter in which the number of transmitted election envelopes to lead is proven to deliver the land electoral authority, the electoral envelopes from their area, in a sealed envelope in the fastest possible way."

38. § 120 paragraph 3 last sentence reads:

"The delivery has to the election authorities in Vienna in the way of the City Council of the city of Vienna, proven to be at the other electoral authorities in the fastest possible way."

39. in article 123, paragraph 2, the phrase "of the post run" is replaced by the phrase "the post run".

40. in article 124, paragraph 1, the amount "0.68 euros" is replaced by the amount "EUR 0,75".

41. paragraph 124 paragraph 2:

"(2) the remuneration set in paragraph 1 decreases or increases, starting with January 1, 2012, a year to the extent that the resulting from the change of the by the Federal Statistics Austria of suggested consumer price index 2010 or at his place index compared to the January 2011 results announced index number, being not to take account of changes of index numbers ten percent of the index numbers announced for January 2011 or in the string as a base for a change, as they the" Remuneration rate not exceed consulted index number. The compensation rate changes he is so on a full amount of euro cents to round and be published in the Gazette."

41A. following heading is preceded by the § 126:

"Female forms of the name of the function"

41. section 128 together with heading is as follows:

"Enforcement

section 128. With the enforcement of § 1 para 2 and 3 is the Government, with the enforcement of section 20a para 1, 2, 3 and 8 is the Federal Minister for European and international affairs, in terms of paragraph 8 in agreement with the Federal Minister of the Interior, and the Federal Minister of finance is entrusted with the enforcement of section 125. "With the completion of the remaining provisions is the Federal Minister of the Interior, in terms of section 22, in agreement with the Federal Minister of Justice, in terms of section 20a para 4, 39 para 1, 52 paragraph of 7, 76 par. of 3 and 87 par. 2 in agreement with the Federal Minister for European and international affairs, and with regard to section 60 paragraph 2 in agreement with the Federal Minister for European and International Affairs and the Federal Ministry of defence and sport entrusted."

42. paragraph 129 paragraph 2:

"(2) articles 22, 25 39, 40 para 1, 41, 42 para 1, para. 2, 46 para 2 and 3, 47, 48 para 1 and 2, 49 para 1 and 3, 50 para 1 and 2, 52 paragraph 2 60, 70 para 3, 85 par. 2 lit." j and k, 85 para 3 lit. "i, j and k and paragraph of 9, 86 para 2, 88, 90, 92, 93 par. 1 and 3, 94 para 1 and 3, 96 par. 1 and 2, 98 para 2, 100 para 2, 102 paragraph 2, 111 para 1, 120 para. 2 and 3, 123 para 2, 124 par. 1 and 2 as well as the annexes 2 and 3 front in the version of Federal Law Gazette I no. 43 / 2011 come into force October 1, 2011."

43. Annex 2 is as follows:



44. the Appendix 3, front, is as follows:

Annex 3, front paper color: white



Article 3

Amendment of the 1971 federal election law

The presidential electoral law in 1971, BGBl. No. 57, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. paragraph 5 paragraph 2:

"Last sentence, 23 to 37 NRWO with the proviso that copies of the voters list also of delivery authorized representatives may be required to bring the election proposals intended (article 7) shall apply (2) for the registration of electors in the electoral roll, the opposition and appeal proceedings, contesting the election, and the location of the exercise of the right to vote in addition the articles 22, paragraph 2."

2. Article 5a paragraph 4 reads:


"(4) the issue of the choice card is starting with the day of the election call to apply for both verbally or in writing, stating the reason referred to in paragraph 1 at the community of the voters on the electoral roll has been registered. A telephone application is not allowed. The application can be made in writing no later than on the fourth day before election day. Verbally, the application can be made no later than on the second day before election day, 12:00. Also until the latter date an application may be made in writing, if a personal delivery of the electoral map to a person authorized by the applicant. Abroad, the exhibition and handing over the electoral map in the way of an Austrian representative authority may be requested. Orally presented application identity through a document is credible. At the request in writing the identity can be made, unless the applicant is not official or the application in the case of an electronic transfer with a qualified electronic signature is provided, credibly in other ways, in particular by specifying the passport number through the illumination of an official photographic identification document or a different document template. The community is empowered to review the way of a Passport Agency and photo ID Passport number or other documents in the way of the authority competent for the issuing of these documents. In the case of paragraph 2, the application has the express request for a visit by a special electoral authority pursuant to § 73 para 1 NRWO and the precise of the premises where the applicant expected the visit by a special electoral authority to contain. People who are in public custody, has. the request to have an official confirmation of the accommodation"

3. § 5a paragraph 7 to 15 are:

"(7) is granted the application for a card, also an official ballot in accordance with § 11 para. 2 and a lockable white election envelope are in addition to the electoral map to follow. (Section 9) has provided the federal election authorities published the names of more than two candidates and comes the electors living application from a foreign or contains a corresponding desire, is beyond ballots according to be issued a card of choice for the second round along with official article 11 par. 3 and a beige-coloured lockable election envelope. The ballots in accordance with § 11 para. 2 and the white envelope of choice are to the electoral map; the ballots pursuant to § 11 par. 3 and the beige coloured envelope of choice are, where appropriate, to the electoral map for the second ballot. All documents must be issued to the applicant. The applicant has to keep the respective voting card to vote carefully. In the case of a postal dispatch is the envelope in which the electoral map is to be marked with the note "Electoral map for the presidential elections of XXXX".

(8) for the delivery or the delivery of requested voting cards: 1 In the case of personal delivery of a card does the applicant have to sign a receipt. The applicant is not able, a note to record is on this.

2. in the case of dogs in health and nursing homes (§ 72 NRWO) the voting card in the case of a postal dispatch by means of registered letter solely to the recipient is to set itself. In this case, the letter with the notice "do not deliver to authorized agents" is to be provided.

3. voting cards delivered by messengers to the persons referred to in item 2, the confirmation by the patient is becoming Chairman. The applicant is not able, a note to record is on this.

4. for applicants not in no. 2, the electoral map in the case of a postal dispatch by means of registered letter is to send, unless, the choice card was applied for orally or electronically-mounted application was provided with a qualified electronic signature or the official exhibition of the electoral map was made following an application in accordance with § 2a para 6 or § 9 para 4 of the voters evidence Act 1973.

5. voting cards not 2 mentioned persons delivered to the in Z by Messenger or in the way of an Austrian representative authority, so is analogous to article 16, paragraph 1 and 2 of the extra law - ZustG to proceed with the proviso that a voting card also to stand as a candidate people can be followed out, which still have not completed 18 years of age. The delivery can be done without proof if the choice card was requested orally or electronically installed application with a qualified electronic signature was provided.

6. in writing requested voting cards are picked up by the applicant in person, may be followed out on the part of the community only against a receipt. The applicant is not able, a note to record is on this. When handing over a written requested voting card to a person authorized by the applicant is to confirm the transfer of the electoral map.

7. the instant a brought by a Messenger and used to vote via absentee ballot voting card through this is inadmissible.

(9) receipts over voting cards were followed out by Messenger or in the way of an Austrian representative authority, shall be in any case on those communities, that have issued the voting cards. The forwarding of the Austrian diplomatic missions present receipts electronically is permitted. In writing asked requests, acknowledgment messages, memos, as well as a compilation of applications received electronically shall be after the period referred to in paragraph 1 of the local elections authority. This has the documents you submitted to connect the Act of the municipality.

(10) duplicates for lost voting cards may be accepted by the community. Unusable voting cards, was not glued to another and where the affidavit still not signed, can be returned to the community. In this case the municipality can issue a duplicate receipt of the electoral map. A choice card unusable is to feature in a case with an appropriate notice and to provide the municipal electoral authority. This has the choice card to connect the Act of the municipality.

(11) the municipal electoral authorities are to ensure that items marked as voting cards (para 7 last sentence), which have been deposited at the local post offices, picked at the time of the last closing of the respective post office before election day and on election day for a delivery to the applicant are provided. At this time, background, unresolved items marked as voting cards are at the post offices (para 7 last sentence) out and ready for a transfer to a person delegated by the municipality election authority. The municipal electoral authorities have the Federal Ministry of the Interior about in their area retained, designated as voting cards programmes (para 7 last sentence) to inform. The Federal Ministry of the Interior has appropriate measures, such as setting up a telephone hotline, that applicant has the place of conservation of items designated as voting cards (para 7 last sentence) can be used in knowledge. Deposited in Austrian embassies, unresolved election cards can be destroyed after election day. The municipality has issued such a choice card is to put this electronically in knowledge.

(12) a voter is the municipality immediately to inform, if not a consequence of his application for a voting card.

(13) the issue of the choice card is in the electoral roll under the heading "Note" in the concerned voters with the word "Election card" conspicuously, the exhibition of an electoral map for the second ballot is to note the expression "Electoral map 2". Until the twenty-ninth day after the election day, the communities have against any electors registered on the electoral roll upon oral or written request information to give, if a card has been issued for him. For this purpose, after passing the electoral rolls to the municipality election authority, communities have until the indicated date to provide copies of the electoral roll, unless they have other records, such as in a computer application, on the issued voting cards. For a request, the voter has to make credible his identity.

(14) in the case of the issue of an election card referred to in paragraph 2 to a voter who resides outside of the place of registration on the electoral roll, the issuing municipality has to the municipality in whose area the voter resides, of the electoral map with the note issue agree that this visit is by a special electoral authority.


(15) the number of issued voting cards is immediately announce the State election authority after expiry of the period provided for in paragraph 4, in the way the district election office (immediate). The State election authority has the number of voting cards issued in their area also immediately be communicated no later than on the day before the election day of the Federal Election Commission. In announcing the number of voting cards the number is on each disclosed living voters as well as the number of voting cards issued for the second ballot separately abroad."

4. paragraph 6:

"Section 6 (1) of the Federal President can only be selected, who is selectable NRWO to the National Council in accordance with the article 41 and on the day of the election completed the 35th year of life.

(2) a re-election for the immediately following term is permitted only once."

5. in article 7, paragraph 1, the phrase 'at the latest on the thirtieth day"is replaced by the phrase 'at the latest on the thirty-seventh day".

6. in article 8, paragraph 5, the phrase "on the twenty-seventh day" is replaced by the phrase "at the latest on the 34th day".

7. in article 9, paragraph 1, the phrase "on the twenty-fourth day" is replaced by the phrase "on the thirty-first day".

8 paragraph 10 para 2 to 5:

"(2) the right to vote can of those voters that according to § 5a voting cards were issued, in each polling station or in the way of sending a sealed election map at the district election authority be exercised (absentee ballot).

(3), the voter has to put the official ballot filled out by him in the election envelope, to close this and to place in the electoral map. Then he has on the electoral map by handwritten signature affidavit to explain that he has completed the official ballots personally, unnoticed and unaffected. Then he has to close the voting card and submit district election office, that the electoral map received there at the latest on the election day, 17:00, either way in a timely manner to the or to submit during the opening hours of the polling station on election day at a polling station of the Stimmbezirks of the district election office. Until the sixth day before election day is a voting card in the event that your submission at a voting abroad in the way of an Austrian representative authority or an Austrian unit is to forward to the competent authority of the district election. Forwarding an election card then presented by an Austrian representative authority or an Austrian unit to the competent authority of the district election is allowed. The Federal Government has to bear the costs for delivery of election map at the district election office in the post.

(4) voting via absentee ballot can be done immediately after receiving the voting card, in the event of a second ballot but at the earliest on the ninth day after the first ballot, election day.

(5) voting in the way of the absentee ballot is void if 1 the affidavit on the electoral map has been shown unable was traded by the voters, 2. no election envelope contains the voting card, 3. just another or several other than the white election envelope contains the electoral map, 4. just another or several other than the beige coloured election envelope contains the electoral map for the second ballot , 5. the electoral map two or more white election envelopes containing 6 that contains two or more beige coloured envelopes of election voting card for the second round, 7 that is labeled choice envelope, 8 check for integrity (article 90, paragraph 1 NRWO) has, that the electoral map is so damaged is that a previous abusive removal or dismounting of the inverted election envelopes cannot be ruled out, 9 due to an application of fields located under the flap of the electoral map the data or the signature of the voter no longer visible can be made or 10 is reached the voting card not later than on the election day, 17:00, when the competent authority of the district election been given up to this point in a polling station of the Stimmbezirks, or 11 the electoral map for the second ballot received before the ninth day after the election of the first ballot or obviously before that day to vote have been used is."

9 paragraph 6 deleted § 10.

10 11 paragraph 3 the following sentence is added §:.

"Has the Federal Election Commission released the names of female candidates, specified in annex 6, the text of the ballot is to adjust accordingly."

11. in article 11, paragraph 4, the phrase "on the twenty-fourth day" is replaced by the phrase "on the thirty-first day".

12 paragraph 14 para 3:

"(3) In addition the relevant provisions of sections 84 to 89 paragraph 1, 90 paragraph 1, 3, 5 to 8, 93 para 1 first sentence and para apply to the determination of the local election results, as well as the results of the elections in the electoral district, and in the regional constituency 2, 95 par. 1, 96 (3), with the addition that the vote result in the electoral district in a tuning log keeping is" ", as well as the § mutatis mutandis with the proviso that the votes of election cards voters with regard to the electoral authorities are, where they handed in were 99, 103, or 104 NRWO §."

13. in article 15, paragraph 2, the phrase 'at the latest on the eighth day"is replaced by the phrase"not later than on the fifth day".

14 paragraph 18:

"section 18. No candidates has a majority in the sense of § 17 first set for themselves, so a second ballot between those two candidates takes place on the fourth Sunday after the first round, for the case that the first round of balloting was not performed on a Sunday on the fifth Sunday after the first ballot, received the most votes in the first ballot (shortlisted). When the same number of votes by the Federal returning officer-to-grow lots, who is shortlisted to include."

15 § 19 para 1 first sentence reads:

"The Federal Election Commission has to rearrange the making of a closer election at the latest on the eighth day after election day by proclamation on the official notice board of the Federal Ministry of the Interior, as well as on the Internet."

16. in article 25, paragraph 1, the amount "0.56 euro" by the amount of '0.67 euro' and the amount of "0.84 euro" be replaced by the amount of '0.92 euro'.

17 paragraph 25 paragraph 2:

"(2) the remuneration set in paragraph 1 decreases or increases, starting with January 1, 2012, a year to the extent that the resulting from the change of the by the Federal Statistics Austria of suggested consumer price index 2010 or at his place index compared to the January 2011 results announced index number, being not to take account of changes of index numbers ten percent of the index numbers announced for January 2011 or in the string as a base for a change, as they the" Remuneration rate not exceed consulted index number. The compensation rate changes he is so on a full amount of euro cents to round and be published in the Gazette."

17A. in paragraph 27, the phrase "Minister of defence" is replaced by the phrase "Federal Minister for national defence and sports".

18 § 28 the following paragraph 6 is added:

"(6) § 5 para 2, 5a paragraph 4, 6, 7 para 1, 7 to 15, 8 paragraph of 5, 9 para of 1, 10 para 2 through 6, 11 par. 3 and 4, 14 para of 3, 15 para of 2, 18, 19, paragraph 1, 25 para 1 and 2, as well as the plants 4 front, 5 front and 6 in the version of Federal Law Gazette I no. 43/2011 with October 1, 2011 into force."



19. the annex 4, front, is as follows:

Appendix 4, front paper color: white



20. the annex 5, front, is as follows:

Annex 5, front paper color: beige



21. the annex 6 is as follows:

                                                                                                                 Paper color: beige



Article 4

Amendment of the European election procedure

The Federal law on the election of the members of the European Parliament (European Parliament election order - EuWO), Federal Law Gazette No. 117/1996, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. in article 2, paragraph 2, the phrase "not after the sixty day" is replaced by the phrase "not according to the contentions of the day".

2. paragraph 13 paragraph 2:


"(2) the launch of the voter list has the Mayor prior to commencement of the inspection period object to be published. The announcement has also the inspection period, the daylight hours for the inspection, which - except on Sundays and bank holidays - not less than four hours must be calculated, the designation of offices where the electoral roll is to contain the Office job, where protests against the electoral roll can be inserted, as well as the provisions of paragraph 3 and articles 16 and 21. In determining the hours of the day for the consultation to take allow the inspection also outside normal working hours is carefully. On Sundays and bank holidays allowing inspection can be avoided."

3. paragraph 27:

"Section 27 (1) is the exhibition of the electoral map in the municipality, of the eligible voters on the electoral roll was entered, starting with the day of the election call in writing or orally, stating the reason pursuant to § 26 para 1 to apply for. A telephone application is not allowed. The application can be made in writing no later than on the fourth day before election day. Verbally, the application can be made no later than on the second day before election day, 12:00. Also until the latter date an application may be made in writing, if a personal delivery of the electoral map to a person authorized by the applicant. Abroad, the exhibition and handing over the electoral map in the way of an Austrian representative authority may be requested. Orally presented application identity through a document is credible. At the request in writing the identity can be made, unless the applicant is not official or the application in the case of an electronic transfer with a qualified electronic signature is provided, credibly in other ways, in particular by specifying the passport number through the illumination of an official photographic identification document or a different document template. The community is empowered to review the way of a Passport Agency and photo ID Passport number or other documents in the way of the authority competent for the issuing of these documents. In the case of article 26, paragraph 2, the application has the explicit request for the visit by a special electoral authority in accordance with article 59, paragraph 1, and the precise of the premises where the applicant expected the visit by a special electoral authority to contain. People who are in public custody, has application to have an official confirmation of the accommodation.

(2) a voter living abroad, which in the European voters evidence (§ 4 debarred) is registered, as long as his home address in the European voters evidence is covered by the municipality, which was listed in the European voters evidence, to communicate promptly to call the election in the post about the possibility of exercising the right to vote in the way of the absentee. Here he is on the possibilities to apply, where appropriate, also through a submission via the Internet, to inform. Communication can be done by E-Mail if an E-Mail address is known to the community. Individuals who have applied for an official exhibition of the electoral map according to § 4 section 6 or section 12 paragraph 4 debarred, voting cards are to submit, as soon as the appropriate forms, as well as the official ballots available to the community.

(3) the election map is a lockable envelope to produce and shall be borne by the overprints shown in Appendix 2. By appropriate technical measures to ensure that the the voters personal data concerning, in particular the signature, before forwarding to the district election office, are covered by a lockable latch is and that it is possible after closing the electoral map by corresponding perforation to reveal the personal data of the selector and the affidavit with the district election office, without having this already opens the electoral map. The flap has to wear prints remarks according to the technical nature of the electoral map to their handling in the case of voting via absentee ballot, as well as to the forwarding of the electoral map. Voting cards issued by means of automation-supported data processing sufficient instead of the signature of the Mayor the burial of his name; a certification by the Office is not required.

(4) is granted the application for a card, also an official ballot and a lockable election envelope are next to the electoral map to follow. The latter are to place the envelope in the in para 3. The envelope is to be issued to the applicant. The applicant has to keep the envelope carefully up to the voting. With the envelope also a supplement is to follow out, where are the published election proposals. In the case of a postal dispatch is the envelope in which the electoral map is to be marked with the note "Electoral map for the European Parliament election, XXXX".

(5) for the delivery or the delivery of requested voting cards: 1 In the case of personal delivery of a card does the applicant have to sign a receipt. The applicant is not able, a note to record is on this.

2. in the case of dogs in health and nursing homes (section 58) the voting card in the case of a postal dispatch by means of registered letter solely to the recipient is itself. In this case, the letter with the notice "do not deliver to authorized agents" is to be provided.

3. voting cards delivered by messengers to the persons referred to in item 2, the confirmation by the patient is becoming Chairman. The applicant is not able, a note to record is on this.

4. for applicants not in no. 2, the electoral map in the case of a postal dispatch by means of registered letter is to send, unless, orally requested the electoral map or the electronically-mounted application was provided with a qualified electronic signature or official issuing of the choice card was debarred the receipt of an application pursuant to § 4 paragraph 6 or § 12 section 4.

5. voting cards not 2 mentioned persons delivered to the in Z by Messenger or in the way of an Austrian representative authority, so is analogous to article 16, paragraph 1 and 2 of the extra law - ZustG to proceed with the proviso that a voting card also to stand as a candidate people can be followed out, which still have not completed 18 years of age. The delivery can be done without proof if the choice card was requested orally or electronically installed application with a qualified electronic signature was provided.

6. in writing requested voting cards are picked up by the applicant in person, may be followed out on the part of the community only against a receipt. The applicant is not able, a note to record is on this. When handing over a written requested voting card to a person authorized by the applicant is to confirm the transfer of the electoral map.

7. the instant a brought by a Messenger and used to vote via absentee ballot voting card by the messengers is inadmissible.

(6) receipts over voting cards were followed out by Messenger or in the way of an Austrian representative authority, are to submit that the voting cards have been issued in any case on those communities. The forwarding of the Austrian diplomatic missions present receipts electronically is permitted. In writing asked requests, acknowledgment messages, memos, as well as a compilation of applications received electronically shall be after the period referred to in paragraph 1 of the local elections authority. This has the documents you submitted to connect the Act of the municipality.

(7) duplicate for lost voting cards may be accepted by the community. Unusable voting cards, was not glued to another and where the affidavit still not signed, can be returned to the community. In this case the municipality can issue a duplicate receipt of the electoral map. A choice card unusable is to feature in a case with an appropriate notice and to provide the municipal electoral authority. This has the choice card to connect the Act of the municipality.


(8) the municipal electoral authorities have to ensure, that shipments marked as voting cards (para 4 the last sentence), which have been deposited at the local post offices, picked at the time of the last closing of the respective post office before election day and on election day for a delivery to the applicant are provided. At this time are deposited, unresolved items marked as voting cards in post offices (para. 4 last sentence) out and ready for a transfer to a person delegated by the municipality election authority. The municipal electoral authorities have the Federal Ministry of the Interior about in their area retained, designated as voting cards programmes (para. 4 the last sentence) to inform. The Federal Ministry of the Interior has appropriate measures, such as setting up a telephone hotline, that applicant has the place of conservation of items designated as voting cards (para 4 last sentence) can be used in knowledge. Deposited in Austrian embassies, unresolved election cards can be destroyed after election day. The municipality has issued such a choice card is to put this electronically in knowledge.

(9) a voter's of the community immediately to inform, if not a consequence of his application for a voting card."

4. paragraph 28 paragraph 1:

(1) that is issuing the card of choice in the electoral roll under the heading "Note" in the concerned voters with the word "Election card" conspicuously. Until the twenty-ninth day after election day, the communities have against any electors registered on the electoral roll upon oral or written request information to give, if a card has been issued for him. For this purpose, after passing the electoral rolls to the municipality election authority, communities have until the indicated date to provide copies of the electoral roll, unless they have other records, such as in a computer application, on the issued voting cards. When a request has to persuade his identity. the voters"

5. paragraph 29:

"§ 29 selectable are all voters that on the day of the election the 18 age and the eligibility for the national NRWO meet the requirements of section 41."

6. in article 30, paragraph 1, the phrase 'at the latest on the thirty-seventh day"is replaced by the phrase 'at the latest on the forty-fourth day".

7. in article 31, paragraph 3, the phrase "up to the thirty-seventh day" is replaced by the phrase "up to the forty-fourth day".

8. in article 31, paragraph 4, the phrase "until the 34th day" is replaced by the phrase "up to the einundvierzigsten day".

9. in article 34, paragraph 2, the phrase 'at the latest on the 34th day"is replaced by the phrase"on the einundvierzigsten day".

10. in article 34, paragraph 3, the phrase 'at the latest on the twenty-fourth day"is replaced by the phrase 'at the latest on the thirty-first day".

11. in article 34, paragraph 4, the phrase "at the latest on the 34th day" is replaced by the phrase "but not later than on the day of the einundvierzigsten".

12. in paragraph 35, the phrase 'at the latest on the 34th day"is replaced by the phrase"on the einundvierzigsten day".

13. in article 36, paragraph 1, the phrase "on the twenty-fourth day" is replaced by the phrase 'at the latest on the thirty-first day".

14. in article 37, paragraph 1, the phrase "on the twenty-seventh day" is replaced by the phrase 'at the latest on the 34th day".

15. in article 37, paragraph 2, the phrase "up to the twenty-seventh day" is replaced by the phrase "until the 34th day".

16. in article 39, paragraph 2 the time replaces "6:00" the time "5:00".

17 paragraph 46:

"46. (1) can the right to vote of those voters, which according to the § § 26 and 27 voting cards were issued, in each polling station or in the way of submitting the sealed card at the district election authority be exercised (absentee ballot). Voting by absentee ballot can be done immediately after receiving the voting card.

(2), the voter has to put the official ballot filled out by him in the beige coloured election envelope, to close this and to place in the electoral map. Then he has on the electoral map by handwritten signature affidavit to explain that he has completed the official ballots personally, unnoticed and unaffected. Then he has to close the voting card. The electoral map is in sufficient time to provide that the electoral map received there at the latest on the election day, 17:00, at the district election office, or to submit during the opening hours of the polling station on election day at a polling station of the Stimmbezirks of the district election office. Voting cards that are at a voting abroad by an Austrian representative authority or an Austrian unit until the sixth day before election day, at a diplomatic mission outside the European economic area or outside of Switzerland to the ninth day before election day, shall be automatically forwarded by the consular authorities or the Austrian unit at the district election authority. Forwarding is allowed, one after the sixth day before election day, in diplomatic missions outside the European economic area or outside of Switzerland after the ninth day before election day, incoming voting card by an Austrian representative authority or an Austrian unit at the district election authority if assured that the voting card can arrive at the district election authorities still in time, or the voter in knowledge is used, , that a receipt is guaranteed may in time. The Federal Government has to bear the costs for delivery of election map at the district election office in the post.

(3) voting in the way of the absentee ballot is void if 1 the affidavit on the election map demonstrably not or not by the electorate was traded, 2. no election envelope contains the voting card, 3. just another or several other than the beige coloured envelope of choice includes the choice card 4 that contains two or more beige coloured envelopes of election voting card, 5 that is labeled choice envelope, 6 the integrity check (§ 72 para 1) concluded , that the electoral map is so damaged that a previous abusive removal or dismounting of the inverted election envelopes cannot be excluded, 7 due to an application of fields located under the flap of the electoral map the data or the signature of the voter can be made invisible or 8 is the choice card not later than on election day, 17:00, at the district election authorities arrived or been given up to this point in a polling station of the Stimmbezirks.

(4) after their visualization and the voting cards received the voting cards at the district election office voting via absentee ballot used the data under the tabs are after to capture then until the counting (§ 72 para 1) officially under lock and key to keep.

(5) on election day, as well as on the day before the election the district election office has each from 8.00 until 17.00 for the receipt of voting cards from the own voting district, which have been used to vote via absentee ballot, to take care. Before receiving a card she has to check whether this is an electoral map of the own Stimmbezirks."

18 § 56 the following paragraph 3 is added:

"(3) in every polling station are during the opening hours of the own Stimmbezirks choice cards that have been used to vote via absentee ballot, for the purpose of forwarding to the district election office (section 67 para 3 Z 10) to accept."

19. in article 67, paragraph 2, the point Z 9 is replaced by a semicolon.

20 article 67 par. 2 No. 9 appended following Z 10: "10 the number of election cards accepted pursuant to § 56 para 3 of the own Stimmbezirks, which have been used to vote by absentee ballot."

21. in article 67, paragraph 3, the point Z 8 is replaced by a semicolon.

22 article 67 paragraph 3 be attached following Z 9 and Z 10: "9, where appropriate, documents referred to in article 27, paragraph 6, and paragraph 7, as well as unresolved election cards in accordance with sec. 27 paragraph 8;

10. the voting cards accepted pursuant to § 56 para 3 of the own Stimmbezirks, which have been used to vote by absentee ballot."

23 section 67 the following paragraph 7 is added:

"(7) the voting cards accepted pursuant to § 56 para 3 of the own Stimmbezirks, which have been used to vote via absentee ballot, are to submit if it is not guaranteed that they received on the first day after election day before 9:00 writing advance to the district election office."

24 § 68 para 2 penultimate sentence reads:

"For the transcript section 67, paragraph 2 shall apply mutatis mutandis Nos. 1 to 6, 8, 9 and 10."

25 paragraph 70:


'70 (1) has the district election office to comprise their split with election results in the municipal electoral authorities in Vienna the district election office, in the voting district so findings the national electoral authority established immediately in the fastest way, if necessary, by Messenger, to announce the (immediate).

(2) the district election office the national electoral authority the number of timely received voting cards, which have been used in the voting district to vote via absentee ballot, has to announce immediately (instant) in the fastest way, if necessary, by Messenger, on the election day at 17:00. On the day after election day the district election office has been this number to the number in the voting district pursuant to § 56 para 3 and the State election authority also in the fastest way, where appropriate, by Messenger, to announce (immediate) to supplement accepted voting cards.

26 paragraph 72:

"§ 72. (1) on the day after the election, 9:00, checks pursuant to section 46 in the way of the absentee ballot up to election day, 17.00 clock, incoming, as well as the accepted only pursuant to § 56 para 3 of the local electoral authorities and forwarded to the district election office voting cards on the integrity of the CAP as well as on visibility of the data and the signature of the voter of the district returning officer under observation by the present assessor. Then it checks whether the apparent on the voting cards affidavits (§ 46 para 2) are available. Voting cards that do not meet these requirements, are not included in the results analysis. Then the district returning officer opens the voting cards, takes the with einzubeziehenden beige colored dial envelopes contained therein and puts them in a container for this purpose prepared. Voting cards, where a ground for invalidity pursuant to article 46, paragraph 3 is Z 2-5, are also not included in results analysis. Not with einzubeziehende voting cards must accompany the Act under lock and key. The reasons for the non-inclusion of the voting cards have to be recorded in a transcript. After thoroughly mixing of the with einzubeziehenden election envelopes the district election office has to open it, to refer to the official ballot, to check their validity, to determine the invalid official ballot with consecutive number to provide and for the votes cast via absentee ballot: 1. the total amount of valid and invalid votes;

2. the sum of the invalid votes;

3. the sum of the valid votes;

4. attributable to the individual parties valid votes (party totals).

(2) then, the district election Office for the area of the Stimmbezirks has to comprise the tallies of votes cast via absentee ballot with the election results in accordance with article 70, paragraph 1, immediately, to announce (immediate) the fastest way the responsible electoral authorities and to hold in a transcript. The results of the votes cast via absentee ballot are disclosed separately. Then has the district election Office for the votes cast via absentee ballot to determine the votes attributable for each candidate on the party list, and to enter into preferential votes protocols.

(3) once all offing the municipal electoral authorities in Vienna the district election office, have arrived at the district election office, these are from the district election office outside of Vienna alphabetically according to communities, in Vienna to electoral districts, to arrange to review the results of the local elections on any errors in the numerical results and, if necessary, to rectify this. Then, the district election Office for the area of the Stimmbezirks has to comprise the final local election results and hold in a transcript.

(4) finally has her the district election office on the basis of the present preferential votes protocols of the communities and on the basis of preference votes protocols referred to in paragraph 2 last set for any candidates on the party lists of a published election proposal the attributable to him preference in accordance with section 73 to identify and to hold for the area of the Stimmbezirks in preference votes logs.

(5) the records referred to in paragraphs 1, 2 and 3, as well as the preferential votes protocols referred to in paragraph 4 constitute the Act of the district election office. The offing of the municipal electoral authorities in Vienna the district election office, as well as the documents that choice cards voters according to, stored § 46 para 4 to join as side dishes and promptly closed, possibly in the sealed envelope, this are to provide the competent authority of the country choice.

(6) in cities with its own statute, the district election office have to submit their reports directly to the district election office. Also the offing are by the district election office immediately to send to the district election office. Paragraph 3 to 5 and the articles 68 to 71 are with the provision to apply, that is the aggregation of the results of the local elections and the determination of the election result in the voting district the district election office.

(7) on request, the district returning officer has at present observers (section 9a paragraph 1) a compilation of the vote result of the electoral authority, signed by him to follow.

(8) on the fourteenth day after election day that has to announce district election office number to determine the voting cards received up to then delayed and of the Federal Election Commission in the way the country electoral authority. Furthermore she has for a destruction of the unopened voting cards at the time to which the outcome of the election clearly happened, to ensure."

27. in article 74, paragraph 1, the phrase "in accordance with § 70" is replaced by the phrase "in accordance with article 70, paragraph 1".

28 paragraph 74 subsection 3:

First and second Kit "has (3) the State election authority following receipt of the reports referred to in article 72, paragraph 2 each summarize the contained, given by means of absentee votes resulting in votes to be known pursuant to paragraph 2 and to report (immediate) the fastest way of the Federal Election Commission. "Furthermore has the total number of the voting cards in time received in the districts of voices, which have been used to vote by absentee ballot to determine the electoral authorities on the basis of the reports referred to in section 70, paragraph 2, and to announce this number immediately to the federal electoral authority the fastest way (instant)."

29. in article 85, paragraph 1, the amount "0.68 euros" is replaced by the amount "EUR 0.75".

30 paragraph 85 paragraph 2:

"(2) the remuneration set in paragraph 1 decreases or increases, starting with January 1, 2012, a year to the extent that the resulting from the change of the by the Federal Statistics Austria of suggested consumer price index 2010 or at his place index compared to the January 2011 results announced index number, being not to take account of changes of index numbers ten percent of the index numbers announced for January 2011 or in the string as a base for a change, as they the" Remuneration rate not exceed consulted index number. The compensation rate changes he is so on a full amount of euro cents to round and be published in the Gazette."

30A. in paragraph 90, the phrase "Minister of defence" is replaced by the phrase "Federal Minister for national defence and sports".

31 the following paragraph 8 is added to § 91:

"(8) article 2, paragraph 2, 13 27, 28 § 1, paragraph 2, 29, 30 paragraph 1, 31 para 3 and 4, 34 para 2, 3 and 4, 35, 36 para 1, 37 para 1 and 2, 39 para 2, 46, 56 (3), 67 para. 2 Z 9 and Z 10 and paragraph 3 Nos. 8, 9 and 10, 67 paragraph 7" ", 68 para 2, 70, 72, 74 para 1 and 3, 85 para 1 and 2 as well as appendices 1 and 2 front in the version of Federal Law Gazette I no. 43/2011 with October 1, 2011 into force."

32. Annex 1 is as follows:



33. Annex 2, front, is as follows:

Appendix 2, front paper color: white



Article 5

Amendment of the electoral evidence Act 1973

The voters evidence Act 1973, BGBl. No. 601, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. in article 2, par. 1 and 2 are:

(1) in which voters evidence are based on the information contained in the register to enter all men and women, who have Austrian citizenship, prior to January 1 of the year of entry have reached the 14 age, are not excluded from the right to vote to the National Council and in the community have their primary residence. For persons who are arrested or suspended on the basis of the decision of a court or an administrative authority, the residence last reasoned before that arrest or detention or main residence is considered in Electoral Affairs residence or principal residence, unless they have no other residence or principal residence outside of the place of the arrest or the detention.


(2) covered people who relocate their main residence in another community, are to enter at the other conditions for registration in the electoral evidence of this community. In the electoral evidence of the municipality in which they gave up their main residence, they are to remove. For this purpose, the municipality of registration in the electoral evidence takes place, to notify the municipality in whose voters evidence to make is the deletion, stating the previous residential address from the new entry immediately and demonstrably has. A covered person who is arrested due to the decision of a court or an administrative authority or stopped to communicate their primary residence to the place of their arrest or detention, so has the community of the place of the arrest or detention, the municipality in which the covered person previously had their main residence, immediately and demonstrably moved that second sentence still to remain registered the captured person has due to paragraph 1 in the electoral evidence of this community. The understandings can be omitted if the underlying each operation through an operation in the central register is busy."

2. § 13a be added following paragraph 6 and 7:

"(6) article 2, paragraph 1 and 2 as well as § 13b as amended by Federal Law Gazette I no. 43/2011 with October 1, 2011 into force."

(7) § 13 b as amended by Federal Law Gazette I no. 43/2011 is 31 December 2012 override."

3. paragraph 13b, together with the heading:

"Transitional provision

b. persons who are excluded at the time of entry into force of this Federal Act electoral legislation are § 13 at that time in accordance with article 2, paragraph 1 last 1973 in the electoral evidence set of voters evidence law, if not more are NRWO for it the constituent elements for an exclusion from the right to vote in accordance with article 22, paragraph 1. The review has to be made on the basis of criminal record."

Article 6

Amendment of the European voters evidence Act

The Federal Act on the leadership of permanent evidence of election and voting in elections to the European Parliament (European voters evidence law debarred), Federal Law Gazette No. 118/1996, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. in article 2, par. 1 and 2 are:

(1) in the European voters evidence are to enter EU citizens on the basis of the information contained in the register which have reached the 14 age (section 3) are not excluded from the right to vote to the European Parliament and 1 Austrian citizenship and have their main residence in Austria or meet the requirements of § 4 before January 1 of the year of registration or 2. fulfil the conditions of section 5.

For persons who are arrested or suspended on the basis of the decision of a court or an administrative authority, the residence last reasoned before that arrest or detention or main residence is considered in electoral matters residence or principal residence, unless they have no other residence or principal residence outside of the place of arrest or detention.

(2) covered persons who move their primary residence within Austria in another community, are to enter at the other conditions for entry in the European voters evidence of that community. In the European voters evidence of the municipality in which they gave up their main residence, they are to remove. For this purpose, the municipality where the entry in the European voters evidence occurs to communicate the municipality, in which European voters evidence the deletion to make is, quoting the previous residential address from the new entry immediately and demonstrably has. A covered person who is arrested due to the decision of a court or an administrative authority or stopped to communicate their primary residence to the place of their arrest or detention, so has the community of the place of the arrest or detention, the municipality in which the covered person previously had their main residence, immediately and demonstrably moved that last sentence to stay registered continued the captured person due to paragraph 1 in the Europe voters evidence of that community. The understandings can be omitted if the underlying each operation through an operation in the central register is busy."

2. § 2 the following paragraph 7 is added:

"(7) for covered persons deprived of personal freedom (art. 2 to 4 of the Federal Constitutional law on the protection of personal freedom, Federal Law Gazette No. 684/1988), which applies in electoral matters before the arrest or detention last residence or principal residence established as a residence or principal residence, provided that these people have no other residence or principal residence outside of the place of his detention."

3. paragraph 3:

"3. (1) who by a domestic court on a 1 to 14, 15, 16, 17, 18, 24 or 25 section of the special part of the Penal Code - StGB offence;"

2. offence in accordance with § 278a-278e StGB;

3. offences under the Prohibition Act 1947;

4. in connection with an election, a referendum, a referendum or a referendum committed offence after the 22 section of the special part of the Penal Code to one not conditionally provided for imprisonment of at least one year or for any other offence committed with intent to not conditionally provided for imprisonment of more than five years been convicted is, may be excluded by the Court (section 446a StPO) on the basis of the circumstances of the case of the right to vote.

(2) the exclusion from the right to vote begins with the judgement and ends as soon as the sentence is enforced and carried out preventive measures associated with detention or have lapsed; is the penalty Debarment is serving one only through pretrial been, the exclusion ends with the judgement. "The end of exclusion from the right to vote in the aftermath of the date falls may until the end of the access period (article 13, paragraph 1 EuWO) inclusion in the electoral roll are coveted."

3A. § 18 together with heading is as follows:

"Transitional provision

§ Are 18 persons who are excluded at the time of entry into force of this federal law from voting at this time with regard to section 2 paragraph 7 in the European voters evidence to capture EuWO, if no longer exist for the constituent elements for an exclusion from the right to vote in accordance with article 3, paragraph 1. The review has to be made on the basis of criminal record."

4. Article 20 shall be added following paragraph 6 and 7:

"(6) I will take no. 43/2011 the § 2 para 1, 2 and 7, 3 and 18 in the version of Federal Law Gazette October 1, 2011 effect.

(7) paragraph 18 in the version of Federal Law Gazette I 43/2011 is no. 31 December 2012 override."

Article 7

Amendment to the Referendum Act 1972

The Referendum Act 1972, BGBl. No. 79/1973, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. in article 12, paragraph 1, the phrase is ' 90 par. 1, 3 to 6, "replaced by the phrase"90 par. 1, 3, 5, 6 and 8,".

2. in article 18, paragraph 1, the amount "0.56 euros" is replaced by the amount "0.62 euro".

3. paragraph 18 para 2:

"(2) the remuneration set in paragraph 1 decreases or increases, starting with January 1, 2012, a year to the extent that the resulting from the change of the by the Federal Statistics Austria of suggested consumer price index 2010 or at his place index compared to the January 2011 results announced index number, being not to take account of changes of index numbers ten percent of the index numbers announced for January 2011 or in the string as a base for a change, as they the" Remuneration rate not exceed consulted index number. The compensation rate changes he is so on a full amount of euro cents to round and be published in the Gazette."

3A. in paragraph 20, the phrase "Minister of defence" is replaced by the phrase "Federal Minister for national defence and sports".

4. § 21 the following paragraph 5 is added:

"I No 43/2011 contact (5) sections 12 (1) and 18 para 1 and 2, as well as the annex 1 as amended by Federal Law Gazette 1 October 2011to force."

5. Annex 1 is as follows:



Article 8

Amendment to the Referendum Act 1989

The Referendum Act 1989, BGBl. No. 356, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. in article 13, paragraph 1, the phrase is ' 90 par. 1, 3 to 6, "replaced by the phrase"90 par. 1, 3, 5, 6 and 8,".

2. in article 19, paragraph 1, the amount "0.56 euros" is replaced by the amount "0.62 euro".

3. paragraph 19 paragraph 2:


"(2) the remuneration set in paragraph 1 decreases or increases, starting with January 1, 2012, a year to the extent that the resulting from the change of the by the Federal Statistics Austria of suggested consumer price index 2010 or at his place index compared to the January 2011 results announced index number, being not to take account of changes of index numbers ten percent of the index numbers announced for January 2011 or in the string as a base for a change, as they the" Remuneration rate not exceed consulted index number. The compensation rate changes he is so on a full amount of euro cents to round and be published in the Gazette."

4 the following paragraph 6 is added to section 21:

"I No 43/2011 apply (6) articles 13 para 1 and 19 para 1 and 2, as well as the annex 1 as amended by Federal Law Gazette with October 1, 2011."

5. Annex 1 is as follows:



Article 9

Amendment to the Referendum Act 1973

The Referendum Act 1973, BGBl. No. 344, as last amended by Federal Law Gazette I no. 13/2010, is amended as follows:

1. paragraph 6:

"§ 6 right to vote is, who has reached the 16 age on the last day of the registration period (§ 5 para. 3), has the main residence to the date in a ward of the Federal territory and is registered as of the date in the electoral evidence of a community."

2. in article 7, paragraph 3, the phrase is "sections 38, 39 para 1, 3 and 5," by the phrase "sections 38, 39 para 1, 3 and 7," added.

3. § 24 the following paragraph 7 is added:

"Para 3 as amended by Federal Law Gazette I no. 43/2011 apply (7) §§ 6 and 7 with October 1, 2011."

Article 10

Amendment of the code of criminal procedure 1975

The code of criminal procedure (StPO), Federal Law Gazette 1975 No. 631/1975, as last amended by Federal Law Gazette I no. 1/2011, is amended as follows:

1. the title of the 21 main piece is as follows:

"Procedure preventive measures and decay, advanced maturity, the confiscation and exclusion from the right to vote"

2. the section heading before section 446a is as follows:

"IV. the procedure for the exclusion from the right to vote"

3. paragraph 446a:

"sec. 446a. (1) over the exclusion of the right to vote (section 22 of the National Council election regulations 1992 - NRWO, BGBl. No. 471 and § 3 of the European voters evidence Act - debarred, BGBl. No. 118/1996) is to decide in the criminal judgment. The decision shall be equivalent to the statement about the penalty and may be challenged for the benefit and to the detriment of the convicted person appeal.

(2) if later circumstances arise or become known, their presence at the time of the judgment no phrase had just been cut according to para 1, § 410, to proceed."

4. § 514 16 the following paragraph is added:

"(16) section 446a as amended by the Federal Act, Federal Law Gazette I no. 43/2011 effective with October 1, 2011."

Fischer

Faymann

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