Machine Translation of "Electoral Law Amendment Act, 2011" (Austria)

Electoral Law Amendment Act, 2011

Original Language Title: Wahlrechtsänderungsgesetz 2011

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43. Federal Law, with which the Federal Constitutional Law, the National Council Electoral Regulations 1992, the Federal Presidential Electoral Act 1971, the European Electoral Regulations, the Electoral Evidence Act 1973, the European Electoral Evidence Act, the People's Abvoting Act 1972, the Volksbefragungsgesetz 1989, the People's Convention Act 1973 and the Code of Criminal Procedure in 1975 (Electoral Law Amendment Act 2011)

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Constitutional Law BGBl. I n ° 98/2010, shall be amended as follows:

(1) Article 6 is added to the following paragraph 4:

" (4) In the affairs of the conduct of the election of the Federal President, elections to the general representative bodies and the European Parliament, the election of the mayor by the persons entitled to vote in the election of the local council, in the Matters relating to the holding of people's desire, referendums and referendums on the basis of the Federal constitution or a national constitution, as well as in the affairs of the direct participation of the persons entitled to vote in the municipal council Concern for the affairs of the community's own sphere of action apply to the Duration of arrest or posture within the meaning of the Federal Constitutional Law on the Protection of Personal Freedom, BGBl. N ° 684/1988, the last residences and the last main residence before arrest or detention as residences or main residence of the person arrested or held. '

Article 26 (5) reads as follows:

"(5) An exclusion from the right to vote or from the eligibility may, even to varying degrees, be provided only by federal law as a result of legally binding court conviction."

(3) Article 60 (3) reads:

" (3) The Federal President can only be elected, who is elected to the National Council, and on election day the 35. "Year of life has been completed."

(4) Article 151 is added to the following paragraph 46:

" (46) Art. 6 (4), Art. 26 (5) and Article 60 (3) in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force. The expiry of the previous Article 60 (3) second sentence leaves the law concerning the designation of the Land and the acquisition of the assets of the House of Habsburg-Lorraine, StGBl. No. 209/1919, unaffected. "

Article 2

Amendment of the National Council of the Electoral Regulations 1992

The Federal Act on the Election of the National Council (National Council Electoral Regulations 1992-NRWO), Federal Law Gazette (BGBl). No. 471, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. § 22 reads:

" § 22. (1) Anyone who is a member of a national court for a


1.		after 14, 15, 16, 17, 18, 24. or 25. Section of the Special Section of the Criminal Code-StGB's criminal offence;
2.		criminal act in accordance with § § 278a bis 278e StGB;
3.		criminal act in accordance with the Prohibition Act 1947;
4.		in connection with an election, a referendum, a referendum or a criminal offence committed in accordance with the 22. Section of the Special Part of the StGB
on an unconditionally unforeseen custodial sentence of at least one year or on the basis of any other criminal offence committed in the event of a sentence of imprisonment of more than five years, which has not been contuted to a limited degree. may be excluded by the court (§ 446a StPO) on the basis of the circumstances of the individual case from the right to vote.

(2) The exclusion from the right to vote begins with the legal force of the judgment and ends as soon as the sentence is enforced and preventive measures associated with deprivation of liberty are completed or fallen away; is the penalty only by offsetting a The exclusion with the legal force of the judgment shall cease to be prejudicial. If the end of the exclusion falls from the right to vote in the period after the deadline, the inclusion in the voters ' register may be sought by the end of the inspection period (section 25 (1)). "

2. § 25 (2) reads:

" (2) The listing of the voters ' register shall be made available to the mayor in a local language prior to the beginning of the inspection period. The presentation shall also include the consultation period, the day-to-day hours of inspection, which may not be less than four hours, except on Sundays and holidays, the name of the offices in which the office is designated. The list of voters is to be found, the office where objections can be brought against the voters ' register, as well as the provisions of Section 3 and sections 28 and 33. When setting the hours for the inspection, it should be taken into consideration that the inspection is also made possible outside normal working hours. On Sundays and on public holidays, the possibility of inspection may not be possible. "

3. § 39 reads:

" § 39. (1) The issuing of the electoral card shall be applied to the municipality from which the person entitled to vote has been entered in the voters ' register, beginning with the day of the election tendering, in writing or orally, stating the reason pursuant to Article 38 (1). A telephone application is not allowed. The application may be made in writing at the latest on the fourth day before the election day. Orally, the application may be made no later than the second day before the election day, 12.00 noon. A request may also be made in writing, up to the latter date, if a personal handover of the electoral card to a person authorised by the applicant is possible. In other countries, the issuing and following of the electoral map can also be applied for in the course of an Austrian representative authority. In the oral application, the identity is to be made credible by a document. In the case of a request made in writing, the identity may, if the applicant is not known or the application is not accompanied by a qualified electronic signature in the case of electronic insertion, may also be used in other ways, , in particular by indicating the passport number, by presenting the copy of an official photo ID or other certificate. The congregation is authorized to check the passport number in the way of a passport authority and photo ID card or other documents in the way of the authority responsible for issuing these documents. In the case of Section 38 (2), the application shall have the express request for a visit by a special electoral authority pursuant to Section 73 (1) and the exact indication of the premises where the applicant expects the visit by a special electoral authority to: . In the case of persons who are in public custody, the application has to have an official confirmation of the accommodation.

(2) An eligible person with a main residence abroad who is registered in the voter evidency (Section 2a of the Voting Evidence Act 1973) is, if his residence address is recorded in the voter's evidency, by the municipality from which he/she is included in the voter's evidences , it was entered immediately after the election of the National Council in the post-election period to agree on the possibility of exercising the right to vote in the path of the postal ballot. In this connection, he is aware of the possibilities for submitting an application, including where appropriate via an application via the Internet. The agreement can be sent by e-mail if an e-mail address is known to the municipality. To persons who have applied for an official display of the voting card pursuant to Section 2a (6) or § 9 (4) of the Voting Evidence Act 1973, voting cards shall be transmitted as soon as the municipality has the corresponding forms and the official ballot papers. are available.

(3) The elective card shall be manufactured as a lockable envelope and shall bear the imprints shown in Appendix 3. Appropriate technical precautions shall be taken to ensure that the personal data relating to the persons entitled to vote, in particular its signature, before being forwarded to the District Electoral Authority, are covered by a lockable tab. and that after the closing of the voting card through appropriate perforation it is possible to make the personal data of the voter as well as his/her affidavit visible to the district electoral authority, without thereby making the voting card already is opened. In accordance with the technical nature of the voting card, the tongue shall bear imprints with indications of its handling in the case of voting by means of postal ballot and for the forwarding of the electoral card. In the case of voting cards issued by means of automation-assisted data processing, it is sufficient to replace the name of the mayor instead of the signature of the mayor; no authentication by the firm is required.

(4) If the application for the issuing of an election card is granted, an official ballot paper and a closable electoral envelope, on which the number of the Land constituency is printed, shall also be carried out in addition to the voting card. The latter shall be laid down in the envelope referred to in paragraph 3. The envelope shall be followed by the applicant. The applicant shall keep the envelope carefully until the vote is delivered. The envelope shall also be followed by a supplement to be made available by the Land electoral authorities, on which the published election proposals of the Land constituency are listed. In the case of a postal dispatch, the envelope in which the electoral card is located shall be marked with the endorsement "Election card for the election of the National Council XXXX".

(5) Election cards are subject to the following conditions for the conclusion or transmission of the following:


1.		In the event of the personal conclusion of an election card, the applicant shall sign a confirmation of acceptance. If the applicant is not in a position to do so, a file note shall be included in this case.
2.		In the case of parishes in nursing and nursing homes (§ 72), in the event of a postal dispatch by registered mail, the elective card shall be directed exclusively to the recipient himself. In this case, the letter shall be marked "Not to Post-Plenipotentiaries".
3.		If voting cards are transferred to the group of persons referred to in Z 2 by messenders, the acceptance confirmation shall be completed by the pflegling himself. If the applicant is not in a position to do so, a file note shall be included in this case.
4.		In the case of applicants not mentioned in Z 2, the voting card shall be sent in the event of a postal dispatch by registered mail, unless the electoral card has been requested orally, the electronically submitted application was subject to a request with a letter. qualified electronic signature, or the official issuing of the election card was made on the basis of an application in accordance with Section 2a (6) or Section 9 (4) of the voters ' evidenceof the 1973 Voting Evidence Act.
5.		If voting cards are transmitted to the group of persons not mentioned in Z 2 by messenters or by way of an Austrian representative authority, the provisions of Section 16 (1) and (2) of the Delivery Act-ZustG shall be used, with the proviso that an election card shall be issued may also be followed by persons entitled to vote, who shall be the 18. They have not completed their life year. Compliance can be carried out without proof, if the electoral card has been requested orally or if the electronically submitted application has been provided with a qualified electronic signature.
6.		In writing, voting cards which are personally picked up by the applicant may only be followed by the congregation against a confirmation of acceptance. If the applicant is not in a position to do so, a file note shall be included in this case. In the event of an election card requested in writing to a person authorised by the applicant, the applicant shall confirm the acceptance of the electoral card.
7.		The immediate participation of a ballot card handed over by a messenger and used to vote by means of a postal ballot is inadmissible.

(6) Confirmations of voting cards issued by messenders or in the course of an Austrian representative authority shall in any case be transmitted to those municipalities which issued the election cards. The forwarding of receipt confirmations to the Austrian representative authorities by electronic means is permitted. Applications, receipt confirmations, file endorsements as well as a compilation of the applications received by electronic means shall be submitted after the expiry of the period referred to in paragraph 1 of the municipal election authority. The document shall be accompanied by the documents transmitted to the congregation's electoral law.

(7) Duplicates for lost election cards may not be followed by the municipality. Unusable voting cards, which have not yet been allocated and for which the affidavit has not yet been signed, can be returned to the municipality. In this case, the congregation may issue a duplicate on receipt of the electoral card. In such a case, an unusable electoral card shall be marked with a corresponding endorsement and shall be transmitted to the municipal election authority. This card has to be connected to the electoral map of the congregation's electoral law.

(8) The municipal election authorities have to ensure that consignments marked as voting cards (para. 4 last sentence), which have been deposited in the local postal offices, at the time of the last closure of the respective post office before the election day, and on election day for a compliance to the applicant shall be kept ready. At this point in the post office posts filed, non-behovered broadcasts (para. 4 last sentence) and be prepared for a handover to a person sent by the municipal election authority. The municipal electoral authorities have the Federal Ministry of the Interior (Federal Ministry of the Interior), at best, held in its area, consignments marked as voting cards (paragraph 1). 4 last sentence). The Federal Ministry of the Interior has appropriate measures, e.g. Establishment of a telephone hotline to meet applicants for the place of storage of consignments marked as voting cards (paragraph 1). 4 last sentence). Election cards, which have not been ordered, are to be destroyed after the election day. The congregation which issued such a ballot card shall be informed by electronic means of this.

(9) A person entitled to vote shall be informed by the municipality of ehest possible if his request for the issuing of a ballot card has not been given. "

4. § 40 (1) reads:

"(1) The issuing of the electoral card shall be noted in the voters ' register in the" Note "section of the voter concerned with the word" electoral card " in a conspicuous manner. Until the twenty-ninth day after the election day, the congregations shall, on an oral or written request, give an oral or written question to any person entitled to vote in the voters ' register as to whether an electoral card has been issued for him. To this end, after passing the electoral rolls to the municipal election authority, municipalities have to keep copies of the voters ' registers up to the point in time, unless they are kept by other records, e.g. in an EDP application, have the issued voting cards. In the case of a request, the person entitled to vote shall have his identity credible. "

§ 41 reads as follows:

" § 41. (1) All men and women who hold Austrian citizenship on the cut-off date are eligible to be elected on the day of the election. They have not been sentenced to more than one year of imprisonment by a national court for one or more offences committed in the course of a sentence of one or more offences. The exclusion from eligibility ends after six months. The time-limit shall begin as soon as the penalty is enforced and preventive measures connected with deprivation of liberty have taken place or have fallen away; if the penalty has been served only by offsetting of a preempt, the period shall begin with the legal force of the person concerned. Judgment.

(2) If, according to other statutory provisions, the entry of legal consequences is excluded, the legal consequences are loaned or if all legal consequences have been provided to the convicted person, he is also not excluded from eligibility. Furthermore, the exclusion from eligibility does not take place as far as the court has considered the sentence to a certain extent. If the conditional review is revoked, the exclusion from eligibility shall enter into force on the date of the legal force of this decision. "

6. In Section 42 (1), the phrase "at the latest on the thirty-seventh day" through the phrase "at the latest on the forty-four-day day" replaced.

7. In Section 46 (2), the phrase "at the latest on the thirty-fourth day" through the phrase "at the latest on the forty-first day" replaced.

8. In Section 46 (3), the phrase "at the latest on the thirty-first day" through the phrase "at the latest on the thirty-eighth day" replaced.

9. In § 47, the phrase "at the latest on the thirty-fourth day" through the phrase "at the latest on the forty-first day" replaced.

10. In Section 48 (1), the phrase "at the latest on the thirty-fourth day" through the phrase "at the latest on the forty-first day" replaced.

11. In Section 48 (2), the phrase "at the latest on the thirty-first day" through the phrase "at the latest on the thirty-eighth day" replaced.

12. In Section 49 (1), the phrase "at the latest on the thirty-first day" through the phrase "at the latest on the thirty-eighth day" replaced.

13. In § 49 (3), the phrase "at the latest on the thirtieth day" through the phrase "at the latest on the thirty-eighth day" replaced.

14. In § 50 (1) the word order shall be "at the latest on the thirty-fourth day" through the phrase "at the latest on the forty-first day" replaced.

15. In § 50 (2) the word order shall be "up to the thirty-fourth day" through the phrase "up to the forty-first day" replaced.

16. In Section 52 (2), the time "18.00" by the time "17.00" replaced.

17. § 60 reads:

" § 60. (1) The right to vote may be exercised by those voters who have been issued voting cards in accordance with § § 38 and 39, even in the course of the transfer of the closed electoral card to the relevant district election authority (postal ballot). Voting by postal ballot may take place immediately upon receipt of the voting card.

(2) In order to do so, the voter has to put the official ballot filled by him into the enclosed electoral envelope, to close it and to place it in the electoral card. He then has to declare on the ballot card, by means of his own personal signature, that he has filled out the official ballot in person, unobserved and uninfluenced. He then has to close the electoral map. The electoral card shall be sent to the District Electoral Authority in time for the election card to arrive there no later than 5 p.m. on election day, or on election day at a polling station of the district electoral office during the opening hours. of the polling location. Voting cards held by a representative authority outside the European Economic Area, or by an Austrian unit, until the sixth day before the election day, when they vote abroad, or shall be forwarded by the representative authority or the Austrian unit to the competent district electoral authority outside of Switzerland until the ninth day before the election day. The forwarding of an electoral card by an Austrian one after the sixth day before the election day, in representative authorities outside the European Economic Area or outside Switzerland after the ninth day before the election day. A representative authority or an Austrian unit shall be allowed to the competent district election authority if it appears that the electoral card can nevertheless be received in good time by the relevant district electoral authority or the person entitled to vote in It is noted that a one-in-one may no longer be in good time is guaranteed. The Federal Government has to bear the costs of sending the electoral card to the district electoral authority in the post-office.

(3) The vote in the path of the postal ballot shall be void if:


1.		the affidavit declaration on the electoral card has not been made or has been shown not to have been made by the person entitled to vote,
2.		the electoral card does not include a polling card,
3.		the electoral card contains only one or more other than the annexed electoral envelope,
4.		the electoral card contains two or more electoral envelopes that are attached to the election,
5.		the electoral envelope, apart from the imprint of the number of the national constituency, is marked,
6.		the verification of integrity (Section 90 (1)) has shown that the electoral card is damaged in such a way that a previous abusive removal or relaying of the incumbable electoral envelope cannot be ruled out,
7.		the data or the signature of the voter can no longer be made visible or the voters ' signature can no longer be made visible, or that the fields of the electoral card are not visible or
8.		the electoral card has not arrived at the relevant district electoral authority by the election day at 5 p.m. or has been cast in a polling station of the voting district until that date.

(4) After the arrival of the voting cards used for a vote by means of a postal ballot, the district electoral authority shall record the data under the brackets after they have been made visible, and then the voting cards shall be counted until the counting of the voting cards (§ 90 (1) shall be kept officially under closure.

(5) On election day and on the day before the election, the district electoral authority shall ensure that voting cards from the own voting district used to vote by means of postal ballot have been received from 8 a.m. to 5 p.m. each. Prior to receiving a voting card, she shall verify that he/she is a polling card of one's own constituency. "

Section 70 is added to the following paragraph 3:

" (3) In each polling station, during the opening hours, voting cards of one's own voting district, which have been used for voting by means of postal ballot, are available for the purpose of forwarding to the district electoral authority (§ 85 para. 3 lit. 3). (k) to receive it. "

19. In § 85 paragraph 2 lit. j will replace the point with a stroke point.

Article 85 (2) shall be followed by the following lit. k is added:


" k)			the number of voting cards accepted in accordance with Section 70 (3) of the own voting district, which have been used for voting by means of postal ballot. "

21. In § 85 para. 3 lit. i will be replaced by a stroke point.

22. § 85 (3) shall be the following lit. j and lit. k is added:


" j)			where applicable, documents in accordance with § 39 (6) and (7) as well as unbridled voting cards pursuant to § 39 (8);
k)			the voting cards accepted in accordance with Section 70 (3) of the own voting district, which have been used for voting by means of postal ballot. "

Section 85 is added to the following para. 9:

" (9) The voting cards of one's own voting district, which have been used for voting by postal ballot pursuant to Section 70 (3), shall be transmitted in advance to the District Electoral Authority if it is not guaranteed that they will be held on the first day after: in the course of the election day before 9 a.m., with the minutes. "

Section 86 (2) penultimate sentence reads:

" The provisions of Section 85 (2) (lit) shall apply to the minutes. a to f, i, j and k sensual. "

25. § 88 reads:

" § 88. (1) The District Electoral Authority shall aggregate the election results of the municipal electoral authorities, in Vienna of the election authorities in Vienna, in the voting district, and the findings of the Land Electoral Authority thus ascertained shall immediately be forwarded to the fastest Type, by means of messenters, if necessary (emergency notification).

(2) On the election day at 5 p.m., the District Electoral Authority of the Land Electoral Authority shall immediately, in the quickest manner, the number of election cards received in good time, which have been used in the voting district to vote by means of postal ballot. by messenger, to be announced (instant message). On the day after the election day, the District Election Authority shall supplement this number by the number of voting cards received in the voting district in accordance with Section 70 (3) and also in the fastest way, possibly by messenders, by the Land Electoral Authority, (instant message). "

26. § 90 reads:

" § 90. (1) On the day after the election, 9.00 a.m., the district returning officer, under observation by the members present, shall examine the persons who have arrived in accordance with § 60 in the way of the postal ballot until the election day, 5 p.m., and who, in accordance with § 70 (3) of the local elections, shall be considered by the local councings Electoral authorities and voting cards forwarded to the district electoral authority on the integrity of the closure, as well as on the visibility of the data and the voter's signature. He then checks whether the affictiy statements appear on the voting cards (Section 60 (2)). Election cards which do not fulfil these conditions must not be included in the results assessment. After that, the district returning officer opens the voting cards, takes the included election envelopes included in it and puts them in a container prepared for this purpose. Election cards, which have an invalidity reason pursuant to § 60 (3) Z 2 to 5, may also not be included in the results of the results. Voting cards not included are to be attached to the Wahlakt under closure. The reasons for the non-inclusion of the voting cards shall be recorded in a minutes. After thorough mixing of the electoral envelopes to be included, the District Electoral Authority shall open it, withdraw the official ballots, verify the validity of the ballot papers, and provide the invalid official ballot papers with a consecutive number, and for the votes cast by means of postal ballot:


1.		the total amount of valid and invalid votes cast;
2.		the sum of the invalid votes cast;
3.		the sum of the valid votes cast;
4.		the valid votes cast on the individual parties (party totals).

(2) Then the district electoral authority for the area of the voting district shall have to calculate the election results of the votes cast by means of a postal ballot with the results of the elections in accordance with Section 88 (1), without delay, in the quickest manner of the competent authorities. State election authority (instant notification) and record in a transcript. The results of the votes cast by means of postal ballot shall be rejected separately. Subsequently, the district electoral authority shall determine the votes cast for each candidate on the party lists for the votes cast by means of postal ballot, and shall enter into the minutes of the vote.

(3) As soon as all electoral authorities of the municipal electoral authorities, in Vienna, the electoral authorities, have arrived at the district electoral authorities, these are to be classified by the district electoral authorities outside Vienna in alphabetical order by municipalities, in Vienna by election rules and to review the results of the local election to any errors in the results and, if necessary, to correct them. Next, the district electoral authority for the area of the district has to calculate the final local election results and to record it in a minutes.

(4) Finally, the District Electoral Authority has, on the basis of the preferential protocols of the municipalities, as well as on the basis of the preferential votes protocols referred to in paragraph 2, last sentence for each applicant on the party lists of one in the national constituency , to determine the preference votes in accordance with § 91 and to maintain the area of the voting district in preferred votes in accordance with the published national electoral proposal.

(5) The minutes referred to in paragraphs 1, 2 and 3, as well as the preferential voting protocols referred to in paragraph 4, form the electoral office of the district electoral authority. These are the electoral markets of the municipal electoral authorities, in Vienna of the electoral authorities in Vienna, as well as the documents with which the electoral card voters have been registered in accordance with § 60 (4), to be joined as supplements and immediately closed, possibly in the sealed envelope, to be transmitted to the competent Land electoral authority.

(6) In cities with their own staff regulations, the sprinkling electoral authorities shall immediately report their reports to the district electoral authority. The electoral markets are also to be sent directly to the district electoral authority by the electoral authorities. Paragraphs 3 to 5 and Articles 86 to 89 shall apply with the proviso that the aggregation of the local election results and the determination of the result of the election in the district electoral authority shall be the responsibility of the district electoral authority.

(7) Upon request, the district returning officer shall have to follow any election observers present (Section 20a (1)) of a summary of the result of the vote of the electoral authority, which he undertakes.

(8) On the fourteenth day after the election day, the District Electoral Authority shall establish the number of polling cards which have been landed late until then and shall disclose to the Federal Electoral Authority in the way of the Land electoral authorities. In addition, it shall ensure that the unopened voting cards are destroyed at the time when the result of the election is indisputable. "

27. § 92 reads:

" § 92. Each Land Electoral Authority shall, as soon as it has received all the reports to be reported in accordance with Section 88, immediately have the total number of elective envelopes issued in its area of elective card voters outside its own regional constituency, as well as the total number of The total number of voting cards entered in the voting districts in good time, which have been used for voting by means of postal ballot, must be ascertained and these figures immediately disclosed to the Federal Electoral Authority in the quickest way (emergency notification). On the day after the election day, the Land Electoral Authority shall supplement these figures with the figures of the voting cards received in the voting districts in accordance with Section 70 (3) and also to announce the Federal Electoral Authority in the fastest way (instant notification). "

28. In § 93 (1) the word order shall be "in accordance with § 88" through the phrase "pursuant to § 88 (1)" replaced.

29. In § 93 (3), the phrase "§ 90 (3) penultimate sentence and para. 4 second sentence" through the phrase "§ 90 para. 2 first and second sentence" replaced.

30. In § 94 (1) the word order shall be "in accordance with § 88" through the phrase "pursuant to § 88 (1)" replaced.

31. § 94 (3) penultimate sentence reads:

"These minutes shall be submitted by the members of the Land Election Authority and shall be communicated with the relevant electoral envelopes to the competent national electoral authorities in a sealed envelope for the fastest possible way."

Section 96 (1) first sentence reads as follows:

" (1) On the fourth day after the election day, the Land Electoral Authority shall, in accordance with § § 78 to 83, open the electoral envelopes as separate from § 94 (1) as well as the election envelopes sent by the other Land electoral authorities in accordance with Section 94 (3), which To check the validity of the ballot paper, to check the invalid ballot papers with serial numbers and to determine: "

33. In § 96, para. 2, the word order shall be "pursuant to § 90 (4)" through the phrase "pursuant to § 90 (2)" replaced.

34. In § 98, para. 2, the parenthesis shall be "(§ 90 para. 2)" by the parenthesis expression " (§ 90 para. 4 ) ".

35. In Section 100 (2), the word order shall be "pursuant to § 96 (1)" through the phrase "pursuant to § 96 (2)" replaced.

36. In § 102 (2), the parenthesis shall be "(§ 90 (2) and (4))" by the parenthesis expression "(§ 90 (4))" replaced.

Section 111 (1) of the second and third sentences are as follows:

" Waived a member of the Federal Government or a Secretary of State on his mandate as a member of the National Council, a non-elected candidate from the respective party list shall be called to exercise this mandate. Such electoral advertisers receive BGBl after their departure from the office, in the cases of Art. 71 of the Federal Constitutional Law. No 1/1930, after the rejuvenation of the fuelling with the continuation of the administration, re-allocated the mandate from the competent electoral authority so that it does not dispense with the re-exercise of the mandate within eight days. "

37. § 120 (2) last sentence reads:

" The election envelopes shall then be unopened with a letter in which the number of elective envelopes transmitted is to be carried out, the Land electoral authority from whose area the electoral envelopes come from, in a sealed envelope to the quickest possible way demonstrably. "

38. § 120 (3) last sentence reads:

"The transmission has to be made to the Land Electoral Authority in Vienna in the way of the Magistrates of the City of Vienna, to the other Land electoral authorities for the fastest possible way to be carried out."

39. In § 123 (2), the word order shall be "the Postenlaufes" through the phrase "the post-race" replaced.

40. In § 124 (1) the amount shall be "0,68 Euro" by the amount "0,75 Euro" replaced.

41. § 124 (2) reads:

" (2) The rate of remuneration set in paragraph 1 shall be reduced or increased, beginning with the first. January 2012, annually to the extent that results from the change in the consumer price index 2010 published by the Federal Institute of Statistics Austria or the index which is to be replaced by the index in January 2011, compared with the index number published in January 2011, where changes in the index numbers are not to be taken into account as long as they do not account for ten per cent of the index number disclosed for January 2011 or of the index number used as a basis for a change in the rate of remuneration as a result of changes in the index number . If the rate of remuneration changes, it shall be rounded off to an entire euro-cent amount and shall be made available in the Federal Law Gazprom. "

41a. § 126 shall be preceded by the following heading:

"Female forms of function designations"

41b. § 128 with headline reads:

" Enforcement

§ 128. With the enforcement of § 1 para. 2 and 3 the Federal Government, with the enforcement of § 20a (1), (2), (3) and (8), is the Federal Minister for European and International Affairs, with regard to paragraph 8 in agreement with the Federal Minister The Federal Minister of Finance is responsible for internal affairs, and with the enforcement of § 125. With the enforcement of the remaining provisions, the Federal Minister of the Interior, with regard to § 22 in agreement with the Federal Minister for Justice, is in agreement with the Federal Minister for Justice, with regard to § § 20a (4), 39 (1), 52 (7), 76 (3) and 87 (2) and 87 (2). the Federal Minister for European and International Affairs and with regard to section 60 (2) in agreement with the Federal Minister for European and International Affairs and the Federal Minister for National Defence and Sport "

Section 129 (2) reads as follows:

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

43. The Appendix 2 is:

44. Annex 3, front, reads:

Appendix 3, front Paper color: white

NRW

Article 3

Amendment of the Federal Presidential Elections Act 1971

The Federal Presidential Elections Act 1971, BGBl. No 57, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. § 5 (2) reads:

" (2) For the registration of the persons entitled to vote in the voters ' register, the opposition and appeal proceedings, the participation in the election and the place of exercise of the right to vote, the last sentence of § § 22 (2), 23 to 37 NRWO with the The provision that copies of the voters ' register may also be required by representatives of the appointing authority who intend to submit nominations (§ 7). "

Section 5a (4) reads as follows:

" (4) The issuing of the electoral card shall be applied to the municipality from which the person entitled to vote has been entered in the voters ' register, beginning with the day of the election tendering, in writing or orally, stating the reason provided for in paragraph 1. A telephone application is not allowed. The application may be made in writing at the latest on the fourth day before the election day. Orally, the application may be made no later than the second day before the election day, 12.00 noon. A request may also be made in writing, up to the latter date, if a personal handover of the electoral card to a person authorised by the applicant is possible. In other countries, the issuing and following of the electoral map can also be applied for in the course of an Austrian representative authority. In the oral application, the identity is to be made credible by a document. In the case of a request made in writing, the identity may, if the applicant is not known or the application is not accompanied by a qualified electronic signature in the case of electronic insertion, may also be used in other ways, , in particular by indicating the passport number, by presenting the copy of an official photo ID or other certificate. The congregation is authorized to check the passport number in the way of a passport authority and photo ID card or other documents in the way of the authority responsible for issuing these documents. In the case referred to in paragraph 2, the request shall have the express request for a visit by a special electoral authority in accordance with Section 73 (1) of the NRWO and the precise indication of the premises where the applicant expects the visit by a special electoral authority to: . In the case of persons who are in public custody, the application shall have an official confirmation of the accommodation. "

3. § 5a (7) to (15) are:

" (7) If the application for the issuing of an election card is granted, an official ballot in accordance with Section 11 (2) and a closed white electoral envelope shall also be followed in addition to the voting card. If the Federal Electoral Authority has published the names of more than two electoral advertisers (§ 9) and the application comes from an eligible person living abroad or contains a corresponding desire, an election card for the second Ballot with official ballot papers in accordance with § 11 para. 3 and an enclosed, closable ballot box to be followed. The ballot paper in accordance with § 11 para. 2 and the white electoral envelope shall be placed on the ballot card; the ballot paper in accordance with § 11 para. 3 and the attached electoral envelope shall be placed in the voting card for the second ballot if necessary. All documents shall be submitted to the applicant. The applicant shall keep the respective electoral card carefully until the vote is submitted. In the case of a postal dispatch, the envelope in which the electoral card is located shall be marked with the endorsement "Election Card for the Federal Presidential Election XXXX".

(8) Election cards for which the following cards are subject to the following conditions shall apply:


1.		In the event of the personal conclusion of an election card, the applicant shall sign a confirmation of acceptance. If the applicant is not in a position to do so, a file note shall be included in this case.
2.		In the case of Pfleglingen in Heil-und Pflegeanstalten (§ 72 NRWO), in the event of a postal dispatch by registered mail, the voting card shall be directed exclusively to the recipient himself. In this case, the letter shall be marked "Not to Post-Plenipotentiaries".
3.		If voting cards are transferred to the group of persons referred to in Z 2 by messenders, the acceptance confirmation shall be completed by the pflegling himself. If the applicant is not in a position to do so, a file note shall be included in this case.
4.		In the case of applicants not mentioned in Z 2, the electoral card shall be sent in the event of a postal dispatch by registered mail, unless the electoral card has been requested orally or the electronically submitted application has been filed with: of a qualified electronic signature, or the official issuing of the election card was made on the basis of an application pursuant to Section 2a (6) or Section 9 (4) of the Electoral Evidence Act 1973.
5.		If voting cards are transmitted to the group of persons not mentioned in Z 2 by messenters or by way of an Austrian representative authority, the provisions of Section 16 (1) and (2) of the Delivery Act-ZustG shall be used, with the proviso that an election card shall be issued may also be followed by persons entitled to vote, who shall be the 18. They have not completed their life year. Compliance can be carried out without proof, if the electoral card has been requested orally or if the electronically submitted application has been provided with a qualified electronic signature.
6.		In writing, voting cards which are personally picked up by the applicant may only be followed by the congregation against a confirmation of acceptance. If the applicant is not in a position to do so, a file note shall be included in this case. In the event of an election card requested in writing to a person authorised by the applicant, the applicant shall confirm the acceptance of the electoral card.
7.		The immediate participation of a ballot card handed over by a messenger and used to vote by means of a postal ballot is inadmissible.

(9) Confirmations of voting cards issued by messenders or in the course of an Austrian representative authority shall in any case be transmitted to those municipalities that issued the election cards. The forwarding of receipt confirmations to the Austrian representative authorities by electronic means is permitted. Applications, receipt confirmations, file endorsements as well as a compilation of the applications received by electronic means shall be submitted after the expiry of the period referred to in paragraph 1 of the municipal election authority. The document shall be accompanied by the documents transmitted to the congregation's electoral law.

(10) Duplicates for lost voter cards may not be removed from the municipality. Unusable voting cards, which have not yet been allocated and for which the affidavit has not yet been signed, can be returned to the municipality. In this case, the congregation may issue a duplicate on receipt of the electoral card. In such a case, an unusable electoral card shall be marked with a corresponding endorsement and shall be transmitted to the municipal election authority. This card has to be connected to the electoral map of the congregation's electoral law.

(11) The municipal election authorities have to ensure that consignments marked as voting cards (para. 7 last sentence), which have been deposited in the local postal offices, at the time of the last closure of the respective post office before the election day, and on election day for a compliance to the applicant shall be kept ready. At this point in the post office posts filed, non-behovered broadcasts (para. 7 last sentence) and to be prepared for a handover to a person sent by the municipal election authority. The municipal electoral authorities have the Federal Ministry of the Interior (Federal Ministry of the Interior), at best, held in its area, consignments marked as voting cards (paragraph 1). 7 last sentence). The Federal Ministry of the Interior has appropriate measures, e.g. Establishment of a telephone hotline to meet applicants for the place of storage of consignments marked as voting cards (paragraph 1). 7 last sentence). Election cards, which have not been ordered, are to be destroyed after the election day. The congregation which issued such a ballot card shall be informed by electronic means of this.

(12) An eligible person shall be informed by the municipality of ehest if his application for the issuing of an electoral card has not been followed.

(13) In the voters 'register, the issue of the electoral card is conspicuatly in the' Note 'section of the voter concerned, with the word' electoral card ', and the issuing of an electoral card for the second ballot is, where appropriate, expressed by the expression' electoral card '. "Election Card 2" shall be noted. Until the twenty-ninth day after the date of their election, the municipalities shall, on an oral or written request, give information to any eligible voters in the voters ' register as to whether they have issued a ballot card for their election is. To this end, after passing the electoral rolls to the municipal election authority, municipalities have to keep copies of the voters ' registers up to the point in time, unless they are kept by other records, e.g. in an EDP application, have the issued voting cards. In the event of a request, the person entitled to vote shall have his identity credible.

(14) In the case of the issuing of an electoral card pursuant to para. 2 to a person entitled to vote who is outside the place of registration in the register of voters, the issuing community shall have the municipality in whose area the municipality of Persons entitled to vote shall be entitled to communicate from the issuing of the electoral card with the indication that it is to be found by a special electoral authority.

(15) The number of voting cards issued shall be notified immediately by the District Electoral Authority of the Land Electoral Authority after the expiry of the period provided for in paragraph 4 (instant notification). The Land Election Authority shall also immediately inform the Federal Electoral Authority of the number of voting cards issued in its area, but no later than the day before the election day. When the number of voting cards is announced, the number of persons entitled to vote and the number of voting cards issued for the second ballot shall be shown separately. "

4. § 6 reads:

" § 6. (1) Only those who can be elected to the National Council in accordance with § 41 NRWO and on the day of the election can be elected to the Federal President. Year of life has been completed.

(2) A re-election for the immediately following period of operation shall be permitted only once. "

5. In Section 7 (1), the phrase "at the latest on the thirtieth day" through the phrase "at the latest on the thirty-seventh day" replaced.

6. In Section 8 (5), the phrase "at the latest on the twenty-seventh day" through the phrase "at the latest on the thirty-fourth day" replaced.

7. In Section 9 (1), the phrase "On the twenty-fourth day" through the phrase "On the thirtieth day" replaced.

8. § 10 (2) to (5) reads:

" (2) The right to vote may be exercised by those voters who have been issued in accordance with Section 5a of the Electoral Card, in any polling station or in the course of sending the closed electoral card to the relevant district electoral authority (postal ballot).

(3) For this purpose, the voter has to put the official ballot papers filled by him into the electoral envelope, to close the ballot and to place it in the electoral card. He then has to declare on the ballot card, by means of his own personal signature, that he has filled out the official ballot in person, unobserved and uninfluenced. He then has to close the ballot card and submit it either in time to the district electoral authority so that the ballot card will arrive there no later than 5 p.m. on the election day, or on election day at a polling station in the polling district of the County electoral authority during the opening hours of the polling location. Until the sixth day before the election day, an electoral card shall be sent to the competent authority in the event of the transmission of the ballot in the case of a vote abroad in the course of an Austrian representative authority or an Austrian unit of responsibility. District electoral authority. The forwarding of an election card submitted afterwards by an Austrian representative authority or an Austrian unit to the relevant district electoral authority shall be permitted. The Federal Government has to bear the costs of sending the electoral card to the district electoral authority in the post-office.

(4) The vote by means of a postal ballot may take place immediately after receiving the electoral card, but in the event of a second ballot, at the earliest on the ninth day after the election day of the first ballot.

(5) Voting in the course of the postal ballot shall be void if:


1.		the affidavit declaration on the electoral card has not been made or has been shown not to have been made by the person entitled to vote,
2.		the electoral card does not include a polling card,
3.		the electoral card contains only one or more other than the white electoral envelope,
4.		the voting card for the second ballot shall contain only one or more other than the annexed electoral envelope,
5.		the electoral card contains two or more white electoral envelopes,
6.		the voting card for the second ballot shall contain two or more electoral envelopes which are either coloured,
7.		the election envelope is inscribed,
8.		the examination for integrity (Section 90 (1) of the NRWO) has shown that the electoral card is damaged in such a way that a previous abusive removal or relaying of the internal electoral envelope cannot be ruled out,
9.		the data or the signature of the voter can no longer be made visible or the voters ' signature can no longer be made visible, or that the fields of the electoral card are not visible or
10.		the electoral card has not arrived at the competent district electoral authority on the election day at 5 p.m. or has been cast in a polling station of the voting district until that date, or
11.		the voting card for the second ballot has been received before the ninth day following the day of the first ballot or has been clearly used for the vote before that date. "

9. § 10 (6) is deleted.

10. § 11 (3) the following sentence is added:

"If the Federal Electoral Authority has published the names of female voters, the text of the ballot paper specified by Annex 6 shall be adjusted accordingly."

11. In Section 11 (4), the phrase "on the twenty-fourth day" through the phrase "on the thirtieth day" replaced.

12. § 14 (3) reads:

" (3) In addition, the corresponding provisions of Sections 84 to 89 (1), 90 (1), (3), 5 to 8, 93 (1), first sentence, shall apply to the determination of the local election results as well as the election results in the Land constituency and in the regional constituencies. Paragraph 2, 95 para. 1, 96 para. 3 with the addition that the result of the vote in the Land constituency is to be recorded in a vote protocol, as well as § § 99, 103 and 104 of the NRWO, with the proviso that the votes cast by electoral card voters in the voting rights of the The area of electoral authorities in which they have been delivered. "

13. In Section 15 (2), the phrase "at the latest on the eighth day" through the phrase "at the latest on the fifth day" replaced.

14. § 18 reads:

" § 18. If no electoral advertiser has a majority in the meaning of Section 17 of the first sentence, it shall take place on the fourth Sunday after the first ballot, in the fifth Sunday after the first ballot, in the event of the first ballot being not carried out on a Sunday, a second round of voting between those two ballots who received the most valid votes in the first ballot (shortterm choice). If the number of votes is equal, the decision to be taken by the Federal Returning Officer shall decide who is to be included in the shortlist. "

15. § 19 (1) first sentence reads:

"The Federal Electoral Authority shall arrange for the taking of a closer election at the latest on the eighth day after the election day by means of a demonstration on the office panel of the Federal Ministry of the Interior and on the Internet."

16. In § 25 (1) the amount shall be "0,56 Euro" by the amount "0,67 Euro" and the amount "0,84 Euro" by the amount "0,92 Euro" replaced.

17. § 25 (2) reads:

17a. In § 27, the phrase "Federal Minister for National Defence" through the phrase "Federal Minister for National Defence and Sport" replaced.

Section 28 is added to the following paragraph 6:

" (6) § § 5 (2), 5a (4), 7 to 15, 6, 7 (1), 8 (5), 9 (1), 10 (2) to 6, 11 (3) and (4), 14 (3), 15 (2), 18, 19 (1), 25 (1) and (2), as well as the Appendixes 4 Front, 5 Front, and 6 in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force. "

19 . Appendix 4, front, reads:

Appendix 4, front Paper color: white

BPW 1WG

20. The front side of Appendix 5 is:

Appendix 5, front Paper color: beige

BPW 2 WG

21 . Appendix 6 reads:

Paper color: beige

WAAEG_2011_NEWLY_BALLOT

Article 4

Amendment of the European Electoral Regulations

The Federal Act on the Election of Members of the European Parliament (European Electoral Regulations-EuWO), Federal Law Gazette (BGBl). No 117/1996, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. In Section 2 (2), the word order shall be "not after the sixty-fifth day" through the phrase "not after the seventy-second day" replaced.

2. § 13 (2) reads:

" (2) The listing of the voters ' register shall be made available to the mayor in a local language prior to the beginning of the inspection period. The presentation shall also include the consultation period, the day-to-day hours of inspection, which may not be less than four hours, except on Sundays and holidays, the name of the offices in which the office is designated. The list of voters is to be found, the office where objections can be brought against the voters ' register, as well as the provisions of Section 3 and sections 16 and 21. When setting the hours for the inspection, it should be taken into consideration that the inspection is also made possible outside normal working hours. On Sundays and on public holidays, the possibility of inspection may not be possible. "

3. § 27 reads:

" § 27. (1) The issuing of the electoral card shall be applied to the municipality from which the person entitled to vote has been entered in the voters ' register, beginning with the day of the election tendering, in writing or orally, stating the reason pursuant to Article 26 (1). A telephone application is not allowed. The application may be made in writing at the latest on the fourth day before the election day. Orally, the application may be made no later than the second day before the election day, 12.00 noon. A request may also be made in writing, up to the latter date, if a personal handover of the electoral card to a person authorised by the applicant is possible. In other countries, the issuing and following of the electoral map can also be applied for in the course of an Austrian representative authority. In the oral application, the identity is to be made credible by a document. In the case of a request made in writing, the identity may, if the applicant is not known or the application is not accompanied by a qualified electronic signature in the case of electronic insertion, may also be used in other ways, , in particular by indicating the passport number, by presenting the copy of an official photo ID or other certificate. The congregation is authorized to check the passport number in the way of a passport authority and photo ID card or other documents in the way of the authority responsible for issuing these documents. In the case of Section 26 (2), the application shall have the express request for a visit by a special electoral authority pursuant to Section 59 (1) and the precise indication of the premises where the applicant expects the visit by a special electoral authority to: . In the case of persons who are in public custody, the application has to have an official confirmation of the accommodation.

(2) A person entitled to vote with a principal residence abroad who is registered in the European Electoral Evidence (§ 4 EuWEG) is, if his residence address is registered in the electorate of Europe, of the municipality from which he is registered in the European electorate. was to be notified immediately after the election of the election by post about the possibility of exercising the right to vote in the course of the postal ballot. In this connection, he is aware of the possibilities for submitting an application, including where appropriate via an application via the Internet. The agreement can be sent by e-mail if an e-mail address is known to the municipality. For persons who have applied for an amtsvous exhibition of the voting card pursuant to Section 4 (6) or Section 12 (4) of the EuWEG, voting cards must be sent as soon as the municipality has the appropriate forms and the official ballot papers available.

(3) The elective card shall be manufactured as a lockable envelope and shall bear the imprints shown in Appendix 2. Appropriate technical precautions shall be taken to ensure that the personal data relating to the persons entitled to vote, in particular its signature, before being forwarded to the District Electoral Authority, are covered by a lockable tab. and that after the closing of the voting card through appropriate perforation it is possible to make the personal data of the voter as well as his/her affidavit visible to the district electoral authority, without thereby making the voting card already is opened. In accordance with the technical nature of the voting card, the tongue shall bear imprints with indications of its handling in the case of voting by means of postal ballot and for the forwarding of the electoral card. In the case of voting cards issued by means of automation-assisted data processing, it is sufficient to replace the name of the mayor instead of the signature of the mayor; no authentication by the firm is required.

(4) If the application for the issuing of an election card is granted, an official ballot and a closable electoral envelope shall also be issued in addition to the voting card. The latter shall be laid down in the envelope referred to in paragraph 3. The envelope shall be followed by the applicant. The applicant shall keep the envelope carefully until the vote is delivered. The envelope shall also be followed by a supplement on which the published nominations are referred to. In the case of a postal dispatch, the envelope in which the electoral card is located shall be marked with the endorsement "Election Card for the European Election XXXX".

(5) Election cards are subject to the following conditions for the conclusion or transmission of the following:


1.		In the event of the personal conclusion of an election card, the applicant shall sign a confirmation of acceptance. If the applicant is not in a position to do so, a file note shall be included in this case.
2.		In the case of parishes in nursing and nursing homes (§ 58), in the event of a postal dispatch by registered mail, the electoral card shall be addressed exclusively to the recipient himself. In this case, the letter shall be marked "Not to Post-Plenipotentiaries".
3.		If voting cards are transferred to the group of persons referred to in Z 2 by messenders, the acceptance confirmation shall be completed by the pflegling himself. If the applicant is not in a position to do so, a file note shall be included in this case.
4.		In the case of applicants not mentioned in Z 2, the electoral card shall be sent in the event of a postal dispatch by registered mail, unless the electoral card has been requested orally or the electronically submitted application has been filed with: of a qualified electronic signature, or the day-to-day issuing of the election card was made on the basis of an application in accordance with § 4 (6) or § 12 (4) of the EuWEG.
5.		If voting cards are transmitted to the group of persons not mentioned in Z 2 by messenters or by way of an Austrian representative authority, the provisions of Section 16 (1) and (2) of the Delivery Act-ZustG shall be used, with the proviso that an election card shall be issued may also be followed by persons entitled to vote, who shall be the 18. They have not completed their life year. Compliance can be carried out without proof, if the electoral card has been requested orally or if the electronically submitted application has been provided with a qualified electronic signature.
6.		In writing, voting cards which are personally picked up by the applicant may only be followed by the congregation against a confirmation of acceptance. If the applicant is not in a position to do so, a file note shall be included in this case. In the event of an election card requested in writing to a person authorised by the applicant, the applicant shall confirm the acceptance of the electoral card.
7.		The immediate participation by the messenger of a ballot card handed over by a messenger and used for voting by means of a postal ballot is inadmissible.

(9) A person entitled to vote shall be informed by the municipality of ehest possible if his request for the issuing of a ballot card has not been given. "

4. § 28 (1) reads:

§ 29 reads:

" § 29. Eligible are all eligible voters on the day of the election the 18. Have completed the life year and fulfil the requirements of § 41 NRWO for eligibility to the National Council. "

6. In Section 30 (1), the phrase "at the latest on the thirty-seventh day" through the phrase "at the latest on the forty-four-day day" replaced.

7. In Section 31 (3), the phrase "up to the thirty-seventh day" through the phrase "up to the forty-four-year day" replaced.

8. In § 31 (4), the phrase "up to the thirty-fourth day" through the phrase "up to the forty-first day" replaced.

9. In Section 34 (2), the word order shall be "at the latest on the thirty-fourth day" through the phrase "at the latest on the forty-first day" replaced.

10. In Section 34 (3), the phrase "at the latest on the twenty-fourth day" through the phrase "at the latest on the thirty-first day" replaced.

11. In Section 34 (4), the phrase "However, at the latest on the thirty-fourth day" through the phrase "at the latest, however, at the forty-first day" replaced.

12. In § 35, the phrase "at the latest on the thirty-fourth day" through the phrase "at the latest on the forty-first day" replaced.

13. In Section 36 (1), the phrase "at the latest on the twenty-fourth day" through the phrase "at the latest on the thirty-first day" replaced.

14. In Section 37 (1), the phrase "at the latest on the twenty-seventh day" through the phrase "at the latest on the thirty-fourth day" replaced.

15. In Section 37 (2), the word order shall be "until the twenty-seventh day" through the phrase "up to the thirty-fourth day" replaced.

16. In Section 39 (2), the time "18.00" by the time "17.00" replaced.

17. § 46 reads:

" § 46. (1) The right to vote may be exercised by those voters who have been issued voting cards in accordance with § § 26 and 27 of the Electoral Card, at any polling station or in the course of the transmission of the closed election card to the relevant district election authority (postal ballot). Voting by postal ballot may take place immediately upon receipt of the voting card.

(3) The vote in the path of the postal ballot shall be void if:


1.		the affidavit declaration on the electoral card has not been made or has been shown not to have been made by the person entitled to vote,
2.		the electoral card does not include a polling card,
3.		the electoral card contains only one or more other than the annexed electoral envelope,
4.		the electoral card contains two or more electoral envelopes that are attached to the election,
5.		the election envelope is inscribed,
6.		the verification of integrity (Section 72 (1)) has shown that the electoral card is damaged in such a way that a previous abusive removal or relaying of the incumbable electoral envelope cannot be ruled out,
7.		the data or the signature of the voter can no longer be made visible or the voters ' signature can no longer be made visible, or that the fields of the electoral card are not visible or
8.		the electoral card has not arrived at the relevant district electoral authority by the election day at 5 p.m. or has been cast in a polling station of the voting district until that date.

(4) After the arrival of the voting cards used for a vote by means of a postal ballot, the district electoral authority shall record the data under the brackets after they have been made visible and the voting cards shall then be recorded until the counting of the voting cards (§ 72 (1) shall be kept officially under closure.

§ 56, the following paragraph 3 is added:

"(3) In each polling station, during the opening hours, voting cards of one's own voting district, which have been used for voting by means of postal ballot, shall be accepted for the purpose of forwarding to the district electoral authority (Section 67 (3) Z 10)."

19. In § 67 para. 2 Z 9, the point is replaced by a stroke point.

20. § 67 (2) (9) the following Z 10 is added:


" 10.		the number of voting cards of the own voting district received in accordance with section 56 (3), which have been used for voting by means of postal ballot. "

21. In § 67 para. 3 Z 8, the point is replaced by a stroke point.

22. § 67 (3) the following Z 9 and Z 10 are added:


" 9.		where applicable, documents in accordance with § 27 (6) and (7) as well as unbridled voting cards pursuant to § 27 (8);
10.		the voting cards accepted in accordance with Section 56 (3) of the own voting district, which have been used for voting by means of postal ballot. "

Section 67 is added to the following paragraph 7:

" (7) The voting cards of the own voting district received pursuant to § 56 (3), which have been used for voting by means of postal ballot, shall be transmitted in advance to the District Election Authority if it is not ensured that they will be held on the first day after in the course of the election day before 9 a.m., with the minutes. "

Section 68 (2) penultimate sentence reads:

"For the minutes, § 67 (2) (1) to (6), (8), (9) and (10) shall apply mutatily."

25. § 70 reads:

" § 70. (1) The District Electoral Authority shall aggregate the election results of the municipal electoral authorities, in Vienna of the election authorities in Vienna, in the voting district, and the findings of the Land Electoral Authority thus ascertained shall immediately be forwarded to the fastest Type, by means of messenters, if necessary (emergency notification).

(2) On the election day at 5 p.m., the District Electoral Authority of the Land Electoral Authority shall immediately, in the quickest manner, the number of election cards received in good time, which have been used in the voting district to vote by means of postal ballot. by messenger, to be announced (instant message). On the day after the election day, the district electoral authority shall supplement this number by the number of voting cards received in the voting district in accordance with Article 56 (3) and also in the fastest way, possibly by means of messenders, by the Land Election Authority, (instant message).

26. § 72 reads:

" § 72. (1) On the day after the election, 9.00 a.m., the district returning officer, under observation by the members present, shall examine the persons who arrived in accordance with § 46 in the way of the postal ballot until the election day, 5 p.m., and who, in accordance with Section 56 (3) of the local elections, shall not be held by the local authorities. Electoral authorities and voting cards forwarded to the district electoral authority on the integrity of the closure, as well as on the visibility of the data and the voter's signature. He then checks whether the affictiy statements appear on the voting cards (Section 46 (2)). Election cards which do not fulfil these conditions must not be included in the results assessment. After that, the district returning officer opens the voting cards, takes the included election envelopes included in it and puts them in a container prepared for this purpose. Election cards in which a ground for invalidity pursuant to Section 46 (3) (3) (2) to (5) are present may also not be included in the results of the results. Voting cards not included are to be attached to the Wahlakt under closure. The reasons for the non-inclusion of the voting cards shall be recorded in a minutes. After thorough mixing of the electoral envelopes to be included, the District Electoral Authority shall open it, withdraw the official ballots, verify the validity of the ballot papers, and provide the invalid official ballot papers with a consecutive number, and for the votes cast by means of postal ballot:


1.		the total amount of valid and invalid votes cast;
2.		the sum of the invalid votes cast;
3.		the sum of the valid votes cast;
4.		the valid votes cast on the individual parties (party totals).

(2) Then the district electoral authority for the area of the voting district shall have to calculate the election results of the votes cast by means of a postal ballot with the results of the election pursuant to Section 70 (1), without delay, in the quickest manner of the competent authorities. State election authority (instant notification) and record in a transcript. The results of the votes cast by means of postal ballot shall be rejected separately. Subsequently, the district electoral authority shall determine the votes cast for each candidate on the party lists for the votes cast by means of postal ballot, and shall enter into the minutes of the vote.

(4) Finally, the District Electoral Authority has published a published final sentence for each candidate on the party lists of a published one, on the basis of the preferential protocols of the municipalities, as well as on the basis of the preferential votes protocols referred to in paragraph 2, last sentence. To determine the right to vote in accordance with § 73 and to record the voting rights in the area of the voting district in preferential voting records.

(5) The minutes referred to in paragraphs 1, 2 and 3, as well as the preferential voting protocols referred to in paragraph 4, form the electoral office of the district electoral authority. These are the electoral markets of the municipal electoral authorities, in Vienna of the electoral authorities in Vienna, as well as the documents with which the electoral card voters have been registered in accordance with § 46 (4), as supplements and immediately closed, possibly in the sealed envelope, to be transmitted to the competent Land electoral authority.

(6) In cities with their own staff regulations, the sprinkling electoral authorities shall immediately report their reports to the district electoral authority. The electoral markets are also to be sent directly to the district electoral authority by the electoral authorities. The provisions of paragraphs 3 to 5 and sections 68 to 71 shall apply with the proviso that the aggregation of the local election results and the determination of the election result in the district electoral authority shall be the responsibility of the district electoral authority.

(7) Upon request, the district returning officer shall have to follow any election observers present (Section 9a (1)) of a summary of the result of the vote of the electoral authority, which he undertakes.

27. In Section 74 (1), the phrase "pursuant to § 70" through the phrase "pursuant to § 70 (1)" replaced.

Section 74 (3) reads as follows:

" (3) The Land Electoral Authority shall, in accordance with Section 72 (2) of the first and second sentences, summon the votes contained therein by means of a postal ballot in each case with the result of the vote to be announced in accordance with paragraph 2 of this Article, and to the following: the quickest way to report to the Federal Electoral Authority (instant message). Furthermore, on the basis of the reports pursuant to Section 70 (2), the Land Electoral Authority has the total number of voting cards entered in the voting districts in good time, which have been used for voting by means of postal ballot, and this number immediately of the Federal Electoral Authority in the quickest way (instant message). "

29. In § 85 (1) the amount shall be "0,68 Euro" by the amount "0,75 Euro" replaced.

Article 85 (2) reads as follows:

30a. In § 90, the phrase "Federal Minister for National Defence" through the phrase "Federal Minister for National Defence and Sport" replaced.

31. § 91 the following paragraph 8 is added:

" (8) § § 2 (2), 13 (2), 27, 28 (1), 29, 30 (1), 31 (3) and 4, 34 (2), (3) and (4), 35, 36 (1), 37 (1) and (2), 39 (2), 46, 56 (3), 67 (2) Z 9 and Z 10, and (3) Z 8, 9 and 10, 67 (7), 68 (2), 70, 72, 74 (1) and (3). 85 (1) and (2) as well as annexes 1 and 2 in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force. "

32. The Appendix 1 reads:

33. The front side of Appendix 2 is:

Appendix 2, front Paper color: white

Euchoosing

Article 5

Amendment of the Voter Evidence Act 1973

The Voter Evidence Act 1973, BGBl. No. 601, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. In § 2, the para. 1 and 2 are:

" (1) In the voters ' evidences, all the men and women who have the Austrian citizenship are to be entered on the basis of the information contained in the registration register, before the first. Jänner of the year of registration the 14. They are not excluded from the right to vote of the National Council and have their main residence in the municipality. Persons who are arrested or paused on the basis of the decision of a court or administrative authority shall be subject, in electoral matters, to the residence or principal place of residence which was last established before such arrest or holding. as a place of residence or principal residence, provided that they do not have any other place of residence or principal residence outside the place of detention or holding.

(2) Persons who have taken their principal place of residence to another municipality shall be registered in the voter's evidency of that municipality in the case of the existence of the other conditions for registration. In the voter's evidences of the municipality in which they have given up their main residence, they are to be deleted. To this end, the congregation in which the registration is entered in the voter's evidencethe municipality in whose voter evidence the deletion is to be carried out shall, with the indication of the former home address of the new registration, be immediately and demonstrably to be found. . Where a person covered by the decision of a court or administrative authority transfers his principal residence to the place where he is arrested or held, the municipality of the place of arrest or detention shall be: The congregation in which the person in question has so far had its principal place of residence, to communicate without delay and demonstrably that the person covered by the second sentence of paragraph 1 continues to be registered in the voter's evidency of the congregation. to stay. The comprehension can be dispensed with if the respective underlying process is occupied by a process in the Central Register of Melting. "

The following paragraphs 6 and 7 shall be added to § 13a:

" (6) § 2 para. 1 and 2 as well as § 13b in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force.

(7) § 13b in the version of the Federal Law BGBl. I No 43/2011 will not enter into force with 31 December 2012. "

§ 13b together with the title is:

" Transitional provision

§ 13b. Persons who are excluded from the right to vote at the time of entry into force of this Federal Act are to be included in the voter evidences at this time in compliance with § 2 (1) last sentence of the Voting Evidence Act 1973, if for them the The constituent elements are no longer available for the exclusion of the right to vote according to § 22 (1) of the NRWO. The review shall be carried out on the basis of the criminal record. "

Article 6

Amendment of the European Electoral Law

The Federal Act on the Management of Permanent Evidence of Elections and Voting Rights in elections to the European Parliament (European Elections Act-EuWEG), Federal Law Gazette (BGBl). No 118/1996, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. In § 2, the para. 1 and 2 are:

" (1) The European voters ' evidences are to be registered on the basis of the information contained in the register of registers EU citizens who are nationals of the European Union who are before the 1. Jänner of the year of registration the 14. have been completed, have not been excluded from the right to vote in the European Parliament (§ 3); and


1.		have the Austrian nationality and have their main residence in Austria or fulfil the requirements of § 4, or
2.		meet the requirements of § 5.
Persons who are arrested or paused on the basis of the decision of a court or administrative authority shall be subject, in electoral matters, to the residence or principal place of residence which was last established before such arrest or holding. as a place of residence or principal residence, provided that they do not have any other place of residence or principal residence outside the place of detention or holding.

(2) Persons who have taken their principal place of residence within Austria to another municipality shall be registered in the European voter's evidences of this municipality in the case of the existence of the other conditions for registration. In the European voters ' evidences of the municipality in which they have given up their main residence, they are to be deleted. To this end, the congregation in which the entry into the European voter's evidences is made shall immediately and without delay the congregation in whose Europe voter evidences the deletion is to be made, giving the former residence address of the new registration, and demonstrably to communicate. Where a person covered by the decision of a court or administrative authority transfers his principal residence to the place where he is arrested or held, the municipality of the place of arrest or detention shall be: The congregation in which the person in question has so far had its principal place of residence, to communicate without delay and demonstrably that the person covered by paragraph 1 of the last sentence continues to be registered in the European voter's evidency of the municipality. to stay. The comprehension can be dispensed with if the respective underlying process is occupied by a process in the Central Register of Melting. "

2. § 2 is added to the following paragraph 7:

" (7) For persons who have been deprived of personal freedom (Art. 2 to 4 of the Federal Constitutional Law on the Protection of Personal Freedom, BGBl. N ° 684/1988), applies in electoral matters to the residence or principal residence of the residence or principal residence which was last established before the arrest or holding, provided that such persons do not have any other place of residence or principal place of residence outside the country of residence or principal residence outside the country of residence or principal residence. of the place of deprivation of liberty. "

3. § 3 reads:

" § 3. (1) Anyone who is a member of a national court for a


1.		after 14, 15, 16, 17, 18, 24. or 25. Section of the Special Section of the Criminal Code-StGB's criminal offence;
2.		criminal act in accordance with § § 278a bis 278e StGB;
3.		criminal act in accordance with the Prohibition Act 1947;
4.		in connection with an election, a referendum, a referendum or a criminal offence committed in accordance with the 22. Section of the Special Part of the StGB
on an unconditionally unforeseen custodial sentence of at least one year or on the basis of any other criminal offence committed in the event of a sentence of imprisonment of more than five years, which has not been contuted to a limited degree. may be excluded by the court (§ 446a StPO) on the basis of the circumstances of the individual case from the right to vote.

3a. § 18 together with the title is:

" Transitional provision

§ 18. Persons who are excluded from the right to vote at the time of entry into force of this Federal Act are to be registered in the Europe voter evidency at this time, in compliance with § 2 paragraph 7 of the European Electoral Code, if for them the constituent elements for a Exclusion from the right to vote according to § 3 para. 1 no longer exist. The review shall be carried out on the basis of the criminal record. "

The following paragraphs 6 and 7 shall be added to § 20:

" (6) The § § 2 para. 1, 2 and 7, 3 and 18 in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force.

(7) § 18 in the version of the Federal Law BGBl. I No 43/2011 will not enter into force with 31 December 2012. "

Article 7

Amendment of the 1972 People's Voting Act

The People's Convention Act 1972, BGBl. No. 79/1973, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. In Section 12 (1), the word order shall be "90 para. 1, 3 to 6," through the phrase "90 para. 1, 3, 5, 6 and 8," replaced.

2. In § 18 (1) the amount shall be "0,56 Euro" by the amount "0,62 Euro" replaced.

Section 18 (2) reads as follows:

3a. In § 20, the word order shall be "Federal Minister for National Defence" through the phrase "Federal Minister for National Defence and Sport" replaced.

4. § 21 the following paragraph 5 is added:

" (5) § § 12 (1) and (18) (1) and (2) as well as Appendix 1 in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011in force. "

5. The Appendix 1 reads:

Article 8

Amendment of the 1989 People's Court Act

The Popular Referendum Act 1989, BGBl. No. 356, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. In Section 13 (1), the phrase "90 para. 1, 3 to 6," through the phrase "90 para. 1, 3, 5, 6 and 8," replaced.

2. In § 19 (1) the amount shall be "0,56 Euro" by the amount "0,62 Euro" replaced.

Section 19 (2) reads as follows:

4. § 21 is added to the following paragraph 6:

" (6) § § 13 (1) and (19) (1) and (2) as well as Appendix 1 in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force. "

5. The Appendix 1 reads:

Article 9

Amendment of the People's Convention Act 1973

The People's Convention Act 1973, BGBl. No. 344, as last amended by the Federal Law BGBl. I n ° 13/2010, shall be amended as follows:

1. § 6 reads:

" § 6. The person who is entitled to vote on the last day of the application period (Section 5 (3)) shall be entitled to vote. The main residence is located in a municipality in the Federal Republic of Germany and is registered in the voters ' evidency of a municipality on the date of the closing date. "

2. In Section 7 (3), the word order shall be § § 38, 39 (1), (3) and (5), " through the phrase § § 38, 39 (1), (3) and (7), " is supplemented.

The following paragraph 7 shall be added to section 24:

" (7) § § 6 and 7 (3) in the version of the Federal Law BGBl. I No 43/2011 will enter into force 1. October 2011, in force. "

Article 10

Amendment of the Code of Criminal Procedure in 1975

The Criminal Procedure Code 1975 (StPO), BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I No 1/2011, shall be amended as follows:

1. The title of the 21. The main item is:

"Procedures for preventive measures and in the event of decay, extended decay, confiscation and exclusion from the right to vote"

2. The section title before § 446a reads:

" IV. The procedure for the exclusion of the right to vote "

§ 446a reads:

" § 446a. (1) On the exclusion of the right to vote (§ 22 of the National Council Electoral Regulations 1992-NRWO, BGBl. No 471 and § 3 of the European Electorate-Electorate Act-EuWEG, BGBl. No 118/1996) is to be decided in the criminal case. The decision is equal to the sentence of the sentence and may be appealed in favour and to the detriment of the convicted person.

(2) In the event that circumstances arise or become known in the event of which no objection pursuant to paragraph 1 would have been made at the time of the judgment, the action shall be taken in accordance with § 410. "

4. § 514 is added to the following paragraph 16:

" (16) § 446a in the version of the Federal Law, BGBl. I No 43/2011 will enter into force 1. October 2011, in force. "

Fischer

Faymann

Electoral Law Amendment Act, 2011

Original Language Title: Wahlrechtsänderungsgesetz 2011

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