Key Benefits:
28. Federal Law, with which 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 Convention Act 1973, the People's Convention Act 1972, and the Volksbefragungsgesetz 1989 (Electoral Law Amendment Act 2007)
The National Council has decided:
Article 1
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 ° 90/2003 and the Federal Law BGBl. I n ° 6/2007, is amended as follows:
1. § 2 para. 2, first sentence reads:
"Voting shall take place without prejudice to the provisions on voting by means of an electoral card, before the local election authority."
2. § 4 (2) and (3) are:
" (2) The number of citizens who are based on the final result of the last census (register count law, BGBl. I n ° 33/2006) in the territory of the Republic, increased by the number of nationals living abroad who were registered in the voter's evidency on the reporting date (Article 1 (1) of the Act of Census), the number of persons resident in the territory of the Republic of Germany was increased by the number 183. . This quotient is to be calculated to three decimal places. It forms the ratio.
(3) Each Land constituency shall be assigned as many mandates as the ratio number (para. 2) in the number of citizens who, according to the final result of the last census in the Land constituency, had their main residence, increased by the number of citizens living abroad, who on the cut-off date (§ 1 para. 1 of the Register counting law) in the voters ' evidences in the area of the Land constituency. "
3. § 5 reads:
" § 5. (1) The number of mandates to each constituency according to § 4 shall be determined by the Federal Minister of the Interior immediately after the final determination of the results of the last census in each case and shall be made available in the Federal Law Gazprom.
(2) The distribution of the mandates in this way shall be based on all elections of the National Council, ranging from the beginning of the effective date of the manifestation to the announcement of the presentation of the mandate on the basis of the next census in each case. "
4. § 12 para. 2 reads:
"(2) It consists of the Federal Minister of Home Affairs as chairman and federal returning officer and seventeen sedders, including two judges of the service or retirement."
Section 15 (2) reads as follows:
" (2) The appointment of the advisers and substitute members in the remaining electoral authorities to be formed shall be the responsibility of the respective election manager, namely the Land electoral authorities of the Federal Returning Officer, the District Electoral Authorities, the Land returning officer and the Federal Returning Officer. Municipal and Sprengelelectoral authorities to the district returning officer. If, as a result, a change occurs in the composition of the electoral authorities as compared to the date of the election tendering, the representatives of the parties affected by the amendment (Article 14 (1)) shall have to be determined within the terms of the election authority The deadline for submitting the necessary proposals. "
5a. § 15 (3) reads:
" (3) The two-seaters and substitute members who are not members of the judicial profession shall, on the basis of the proposals of the parties, be subject to the maximum number procedure of the d' Hondt after they have been elected at the last election of the National Council in the field of Electoral authority appointed strength in the area of the municipality in the case of sprinkled electoral authorities. For the Federal Electoral Authority, electoral parties represented in the last elected National Council, but with the application of the d' Hondt's maximum number procedure, may not be entitled to the posting of an adviser, in each case one Beisitzer. nominate. The remaining number of co-sitters shall be divided among the other electors, using the maximum number of the d' Hondtschen, according to their strength established in the last election of the National Council. "
6. § 20a together with the title is:
" Election Observer
§ 20a. (1) The Federal Ministry for European and International Affairs may invite the Organization for Security and Cooperation in Europe (OSCE) and its participating States to send international election observers.
(2) Electoral observers sent in accordance with paragraph 1 as well as the necessary accompanying persons shall enjoy the legal status of officials of the OSCE or of representatives of OSCE participating States in accordance with § § 3 and 4 of the Federal Act on the Legal Status of Institutions of the OSCE in Austria, BGBl. No 511/1993 in the current version.
(3) The Federal Ministry of European and International Affairs has to accredit election observers, as well as the necessary accompanying persons, to issue an appropriate certificate to these accredited persons in accordance with the provisions of the first paragraph of this article. and to transmit the names of the accredited persons to the Federal Electoral Authority in electronic form for the purpose of handing over the data to the following electoral authorities. The Federal Electoral Authority shall, in principle, forward the data of the accredited persons to all subsequent electoral authorities by electronic means up to the twenty-third day after the date of the deadline. If the Federal Electoral Authority has received the data from accredited persons only at a later date, or if further accredited persons are subsequently appointed by the Federal Ministry of European and International Affairs, then the following shall be taken into account: the transmission of these data by electronic means to all the subsequent electoral authorities shall also be allowed after the twenty-third day after the date of the deadline.
(4) election observers shall have the power to:
| 1. |
to be present at meetings of all electoral authorities; |
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| 2. |
to observe, without hindsight, the electoral process in the polling station and the exercise of the election by means of ballot-card voters, or restricted freedom of choice, restricted to their freedom, and to inspect the voting list and the voters ' register; |
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| 3. |
to be present at the ballot paper test and the counting of votes in accordance with § § 84, 90 and 96 and to observe these unhindered; |
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| 4. |
to inspect the minutes in accordance with § § 85, 90, 99, 103 and 108 and to obtain a summary of the result of the vote; |
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| 5. |
, even after the end of the inspection period in accordance with § 25, to be included in the voters ' register as well as in files on objections (§ 28) and vocations (§ 32). |
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(5) Accompanying persons shall be allowed to accompany election observers in the exercise of their powers; they shall not be entitled to exercise these powers in a self-employed capacity.
(6) The electoral authorities shall support election observers in the context of their options and shall provide appropriate information for the purpose of monitoring the election.
(7) Election observers and accompanying persons shall be prohibited from any form of influence on the electoral process, on a voter or on the decisions of an electoral authority. In the event of an infringement, the election manager may have an election observer or an accompanying person from the polling station.
(8) The Federal Minister for European and International Affairs may withdraw the accreditation granted in accordance with § 20a (2) of the Federal Republic of Germany in the event of an infringement of the election of election observers or their accompanying persons. "
7. § 21 (1) reads:
" (1) All men and women who hold Austrian citizenship shall be entitled to vote on the day of the election of the 16. have been completed and are not excluded from the right to vote. "
8. § 25 (4) reads:
" (4) From the first day of the application, changes in the voter's register may only be made on the basis of the opposition and appeal proceedings. Exceptions to this are any deletions pursuant to section 24 (4), the elimination of obvious inaccuracies in the entries of persons entitled to vote, as well as the elimination of formal inaccuracies, in particular the correction of write errors or EDV errors. "
9. § 25 (5) reads:
"(5) The municipal returning officer shall grant election observers (Section 20a (1)) to the voters ' registers as well as in files on objections (§ 28) and vocations (§ 32), even after the end of the viewing period."
9a. In Section 26 (1), the word order is deleted "male and female" .
10. § 38 (1) reads:
" (1) eligible voters who are likely to be prevented on election day to cast their votes before the competent electoral authority, for example due to absence of local residents, for health reasons or because of residence abroad, are entitled to issue of an election card. "
11. § 39 (1) and (2) are:
" (1) The issuing of the electoral card shall be filed with the congregation by which the person entitled to vote was entered in the voters ' register, beginning with the day of the election tendering until the fourth day before the election day at the latest, indicating the reason in accordance with § 38 paragraph 1 in writing or, at the latest, on the second day before the election day, 12.00 p.m., orally. A written application may also be made, up to the latter date, if a personal transfer 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 case of an oral application, the identity shall be verified by means of a document, and the identity of the applicant may, if the applicant is not known to be present, or if the application is not digitally signed in the case of electronic insertion, also in other ways, in particular by indicating the passport number, by presenting the copy of a photo ID or another certificate, credibly made. 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 precise indication of the premises where the applicant expects the visit by a special electoral authority, and In the case of persons who are in public custody, they shall contain an official confirmation of 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 all-day exhibition of the voting card pursuant to Section 2a (6) of the Electoral Evidence Act 1973, voting cards shall be transmitted as soon as the congregation has the appropriate forms and the official ballot papers available. "
12. In § 39, the previous paragraphs 2 to 4 are given the name "(3) to (5)" . According to paragraph 5, the following paragraph 6 is added:
"(6) 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."
13. In § 39 (4), § 59, § 66 (3), the title to § 68 and § 68 (1), the title to § 71 and § 71 (1), section 77 (1), § 94 (2), § 118 (2) and (4) and in the title to § 119 and in § 119, the word " "Vote levy" by the word "Voting" replaced.
14. § 40 (1) and (3) are:
"(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."
" (3) The number of voting cards issued shall be notified immediately to the Land Electoral Authority after the expiry of the period laid down in § 39 (1) in the course of the District Electoral Authority (instant notification). The Land Election Authority shall also inform the Federal Electoral Authority of the number of voting cards issued in its area immediately, but no later than the day before the election day. When the number of voting cards issued is announced, the number of voting cards issued to eligible voters abroad shall be shown separately. "
15. § 41 reads:
" § 41. All men and women who hold Austrian citizenship on the cut-off date are eligible to vote on the 18th day of the election. have been completed and are not excluded from the right to vote. "
16. In § 42 para. 3, second sentence, the parenthesis is "(for example, passport, identity card, driving licence)" .
17. The title of § 45 reads:
"Country nomination without a representative representative, replacement of the representative authorized by the appointing representative"
Section 45 (2) reads as follows:
" (2) The party may at any time replace the appointing representative with another representative. Such declarations to be made to the Land Electoral Authority shall only require the signature of the last representative of the appointing authority. If this is not the case, the declaration must be signed by more than half of the candidates referred to in the nomination of the Land. "
Section 46 (3) reads as follows:
" (3) A Land nomination proposal does not provide the necessary number of support (Section 42 (2)) or if, with the exception of the regional party lists, it does not comply with the requirements laid down in Article 43 (1), it shall be no later than the thirty-one Reject the day before Election Day by the Land Election Authority. Regional party lists which do not comply with these conditions are deemed not to have been submitted and are to be excluded from publication in accordance with Section 49 (1). Candidates who are not eligible or whose written declarations are not available (section 43 (2)) will be deleted in the nomination. This shall be understood by the representative of the party to be authorised. "
Article 49 (6) reads as follows:
" (6) The publication shall take place in the usual manner. From it all list numbers as well as the content of the election proposals (§ 43 paragraph 1 Z 1 to 3), apart from street names and order numbers, must be fully visible. "
21. § 52 (2) and (6) are:
" (2) Outside Vienna, the municipal electoral authorities shall determine whether a municipality is to be divided into the electoral rule in accordance with Section 53. The municipal electoral authorities, in Vienna the magistrate, determine the electoral rules and, in accordance with the following provisions, determine the corresponding polling stations, the prohibition zones provided for in Article 58 (1) and the voting time. The end of the voting period may not be fixed later than at 18.00. The electoral rules, polling stations, prohibitions and the voting time shall be fixed at the latest on the twenty-first day before the election day. "
" (6) The orders taken by the municipal election authority, in particular those concerning the places of polling stations and the election time, shall be forwarded immediately to the Land electoral authorities in the course of the district electoral authorities. At the latest on the thirteenth day before the election, the Länder shall send the data collected in this way to the Federal Electoral Authority by electronic means. "
22. The following paragraph 7 is to be attached to § 52:
" (7) The Federal Electoral Authority shall, at the latest on the ninth day before the election in an electronic file, summon the data transmitted to it in accordance with paragraph 6 and have it forwarded to the Federal Ministry for European and International Affairs to the body responsible for the implementation of the election observation in the OSCE area. "
23. § 54 reads:
" § 54. The polling station must be suitable for the conduct of the electoral process. The pieces of furniture required for the election of the election, such as the table for the electoral authority, a table for the electoral witnesses, the ballot box and the required electoral cells, and a table for the election observers (§ 20a (1) shall be provided by the municipality. It is also important to ensure that, in the building of the polling location, there may be an appropriate waiting room for the voters. "
Section 56 (1) reads as follows:
" (1) In each municipality, provision should be made for a polling station in which the voter's voter shall have the right to vote in the polling station. In larger municipalities, which are divided into electoral rules, the municipal electoral authority shall designate at least one polling station in which the voter-card voters shall have the right to vote. In Vienna, at least in each district, a polling station must be provided for election-card voters. Where polling stations are designated for electoral card voters, these voters may exercise their voting rights only in the polling stations designated for electoral card voters. In addition, voters without voting cards are also admitted, if the conditions of § 37 (1) are fulfilled. However, members of the electoral authorities, as well as their assistants and the electoral witnesses, shall remain free to exercise their right to vote even before the electoral authority in which they are serving. "
25. § 60 including the headline is:
" Process in the postal ballot
§ 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).
(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 signing an affidavit that he has filled out the official ballot personally, unobserved and unaffected, then close the ballot card and so in due time in the post, at if necessary, to send a vote abroad, in the course of an Austrian representative authority or an Austrian unit, to the relevant district electoral authority, that the voting card there no later than the eighth day after the election day to 14.00 The clock is received. The identity of the voter as well as the place and date (date and time) of the return of the closed, enclosed election envelope to the electoral card shall be taken out of the electoral card with the afficial declaration. The affidavit must have been made before the closing of the last polling station in Austria.
(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, |
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| 2. |
in the case of the affidavit, the date, in the case of a vote on election day, also the time of day, is missing, |
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| 3. |
the affidavit has been made after the closing of the last polling station on election day, |
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| 4. |
the electoral card has not been sent to the district electoral authority by post, in the case of a vote abroad, if any, not in the course of an Austrian representative authority or an Austrian unit; or |
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| 5. |
the electoral card has not arrived at the competent district electoral authority no later than the eighth day after the election day until 2:00 p.m. |
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(4) The District Electoral Authority shall keep the voting cards used for a vote by means of postal ballot up to the respective count (§ 90 (3) and (4)) officially under closure. "
26. § 61 (1) reads:
" (1) In each polling station, two electoral witnesses entitled to vote may be sent to each electoral authority by any party whose nomination has been made public. The electoral witnesses shall be made in writing to the district electoral authority by the appointing representative of the party or any person authorized by the said party at the latest on the tenth day before the election day, and any electoral witness shall be given by the Municipal returning officer, in Vienna by the head of the district electoral authority, an entrance fee, which is authorized to enter the polling station and is to be referred to the polling station upon entering the polling station. "
27. § 65 together with the title is:
" Entering the polling location
§ 65. (1) In addition to the electoral authority, only their subsidiary bodies, the electoral witnesses, the electors for the purpose of delivering the vote, the official staff required to maintain the peace and order, as well as accredited persons shall be allowed to enter the polling station in accordance with § § § § 20a (3). After giving the vote, voters will immediately leave the polling station.
(2) Accredited persons according to § 20a (3) shall have the right to legitimize when entering the polling place. After that, the head of the election has to check the accreditation of the accredited persons on the basis of the list submitted by the Federal Electoral Authority in accordance with Article 20a (3). The recording of a polling location by election observers shall be recorded in the minutes.
(3) If it appears necessary for the undisturbed implementation of the election, the electoral director may have the voters only admitted individually to the polling station. "
28. In § 66 (3), the word "Geleitperson" by the word "accompanying person" replaced.
29. In § 67 (3), the phrase "no single language" through the phrase "no objection" replaced.
30. In § 68 (1), the quote of the parenthesis "(Section 39 (3))" by "(Section 39 (4))" replaced.
31. § 68 (2) reads:
" (2) The election leader shall instruct the voter to go to the electoral cell. There, the voter fills the official ballot, places it in the envelope, emerges from the electoral cell and hands over the envelope to the election manager. This will unopen the ballot box to the ballot box. If the electoral envelope comes from a polling card selector who is not registered as an elector in a municipality of the regional constituency, he/she shall close the electoral envelope before handing it over to the election manager. "
32. § 69 (1) reads:
'(1) The name of the voter who gives his vote shall be entered by a co-sitter in the voting list, with continuous numbers and by the continuation of the number of voters' register. At the same time, his name has been smeared by a second co-sitter in the voter's register. "
33. In § 71 (1), the word "Language" by the word "objection" replaced.
Section 72 (1) reads as follows:
" (1) In order to facilitate the exercise of the right to vote in the public or private home and nursing care institutions, the municipal electoral authority, in Vienna the magistrate, may, for the local area of the institution building, be able to facilitate the exercise of the right to vote in the local area of the institution building. to set up a number of special electoral rules. The provisions of § § 52 to 54 are to be observed in accordance with the provisions of this directive. The acceptance of electoral card votes cast by other persons present in medical and nursing homes shall be admissible. "
Section 73 (1) reads as follows:
" (1) In order to facilitate the exercise of the right to vote, the municipal electoral authorities, in Vienna the magistrate, at the latest on the twenty-first day before the election day, in order to facilitate the exercise of the right to vote on the basis of an application pursuant to section 38 (2) of the voting system to set up special electoral authorities to visit these persons during the pre-election period. The presence of electoral witnesses as well as of no more than two accredited persons in accordance with § 20a (3) shall be admissible. The provisions of § § 52 and 54 are to be observed accordingly. "
36. § 73 (2) reads:
" (2) In the exercise of the right to vote before the special electoral authorities, the provisions of Section 72 (3) and (4) shall apply mutatily. The acceptance of electoral card votes cast by other persons present in the ballot box by bedridden or in their freedom restricted voting cards shall be admissible. "
36a. In § 73, paragraph 3, the quote " § 85 para. 2 lit. a to h, " by quoting " § 85 para. 2 lit. a to i, " replaced.
37. § 76 (3) reads:
" (3) Empty official ballot papers shall be sent to the municipal and sprinkler electoral authorities via the district headquarters and municipalities, in the case of cities with their own staff regulations, on these, in the required number. The last sentence of Section 75 (3) shall apply mutatily. Further empty official ballots are to be forwarded to the Federal Ministry of European and International Affairs for the transfer to the Austrian representative authorities, so that these empty official ballots may be followed, if necessary. if card voters have lost their ballot papers or have become unusable. "
38. § 78 (1) reads:
" (1) An official ballot paper of the Land constituency is filled out in a valid way, if it is clearly evident from him which party of the electorate wanted to vote. This shall be the case where, in one of the circles preprinted under each party name, the voter applies a lying cross or other sign with a ballpoint pen, coloured pencil, pencil or the like, which unequivocably indicates that he or she is wants to choose the party led in the same column. "
39. § 79 (3) reads:
" (3) A preferred vote for a regional applicant may be given by the voter by means of a cross on the left of the name of the regional applicant of the party to be elected or another in a circle provided on the official ballot. A sign with ballpoint pen, coloured pencil, pencil or the like, which unambiguously indicates that it intends to award a preferred vote for the regional applicant listed on the same line. "
40. § 84 (1) reads:
" (1) If the time fixed for the electoral process has expired and all voters have voted in the polling station or in the waiting room designated by the electoral authority until then, the electoral authority shall declare the vote closed. At the end of the vote, the polling station, in which only the members of the electoral bodies, their subsidiary bodies, the confidants in accordance with Section 15 (4), the electoral witnesses and the accredited persons may remain in accordance with Article 20a (3), shall be the polling station. close. "
41. § 84 para. 3, first to fourth sentence reads:
" The electoral authority has to empty the ballot box and to spoil, count and pack the beige-coloured electoral envelopes from other regional constituencies. The envelope must be firmly closed and provided with a seal mark. The envelope shall indicate the number of unopened elective envelopes contained in the envelope. The electoral authority shall thoroughly mix the remaining electoral envelopes and establish: "
41a. In § 85, the previous paragraphs 5 and 6 are given the name "(6)" and "(7)" § 85 (2) and (5) are:
" (2) The transcript shall contain at least:
| a) |
the designation of the polling place (municipality, political district, electoral organ, polling station, regional constituency, regional constituency) and election day; |
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| b) |
the names of the members of the electoral authority who are present and absent, as well as the persons of confidence in accordance with § 15 (4); |
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| c) |
the names of the electoral witnesses present; |
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| d) |
the names of the accredited persons present or present (Article 20a (3)); |
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| e) |
the period of the beginning and closing of the ballot; |
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| f) |
the number of official ballot papers taken and issued to voters; |
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| g) |
the names of the electoral card voters, with particular emphasis on the choice of the electorate from other regional constituencies; |
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| h) |
the decisions of the electoral authority on the admission or non-authorisation of voters for the vote (§ 71); |
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| i) |
other decisions of the electoral authority taken during the electoral process (interruption of the electoral process); |
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| j) |
the findings of the electoral authorities in accordance with Section 84 (3) and (4), whereby, if invalid votes have been established, the reason for invalidity is also to be found. " |
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"(5) Upon request, the head of the election shall have to follow any election observers present (Section 20a (3)) of a summary of the result of the votes of the local electoral authority, which he undertakes."
41b. In § 86 (2), the quote shall be " § 85 para. 2 lit. a to e, h and i " by quoting " § 85 para. 2 lit. a to f, i and j " replaced.
Section 87 (2) reads as follows:
" (2) Any extension or postponement shall be communicated immediately in a customary manner and shall be communicated to the Federal Electoral Authority in the course of the respective higher-ranking electoral authority. The Federal Electoral Authority has immediately notified the Federal Ministry of European and International Affairs of the extension or postponement to the body responsible for the implementation of the election observation in the OSCE area. "
43. § 90 (3) to (6) are:
" (3) On the second day after the election, 12.00 noon, the district returning officer, under observation by the members present, checks the integrity of the closure according to § 60 in the way of the postal ballot so far. He then checks whether the affictiy declarations which appear on the voting cards meet the requirements of Section 60 (3). Election cards which do not fulfil these conditions must not be included in the results assessment. They must be attached to the Wahlact under closure. The reasons for the failure of the co-inclusion shall be recorded in the minutes. After that, the district returning officer opens the voting cards, takes the included election envelopes contained in them and puts them in a container prepared for this purpose. After thorough mixing, the District Election Authority shall open the election envelopes which have been annexed to it, withdraw the official ballots, check the validity of the ballot papers, provide the invalid official ballot papers with consecutive numbers and, for the to determine the votes cast by postal ballot:
| 1. |
the total amount of valid and invalid votes cast; |
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| 2. |
the sum of the invalid votes cast; |
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| 3. |
the sum of the valid votes cast; |
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| 4. |
the valid votes cast on the individual parties (party totals). |
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| Next, the district electoral authority for the area of the voting district shall immediately disclose the interim results obtained to the competent national electoral authority in the quickest manner (emergency notification). The determination of the interim results on the second day after the election has to be omitted if it is not possible to ensure that at least thirty electoral envelopes can be included in the determination of the results per investigation. |
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(4) On the eighth day after the election, the procedure referred to in paragraph 3 shall be repeated for the uncounted, but in time, landed election cards. Next, the district electoral authority for the area of the voting district shall aggregate the election results of the votes cast by means of a postal ballot with the results of the elections in accordance with paragraph 1, without delay, in the quickest manner of the competent national electoral authority. to record (instant message) and to record in a transcript. Subsequently, the District Electoral Authority shall also determine the votes cast for each candidate on the party lists by means of a postal ballot, and shall have the right to vote in favour of the preferential votes (paragraph 1). 2).
(5) The minutes referred to in paragraphs 1, 3 and 4, as well as the preferential votes protocols referred to in paragraph 2, form the electoral office of the district electoral authority. This is to be followed by the election markets of the municipal electoral authorities, in Vienna of the sprinkled electoral authorities, as supplements and immediately closed, possibly in the sealed envelope, to the competent national 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 1, 2 and 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. "
44. To the § 90 is to be attached to the following paragraph 7:
"(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 undertook."
45. In Section 95 (2), the name shall be: " 2 " by the name " 4 " replaced.
Section 95 (3) reads as follows:
"(3) Upon request, the Federal Returning Officer shall, if any, have the election observers present (Section 20a (1)) to follow up a summary of the result of the vote of the electoral authority, which he undertook."
47. § 96 (1) to (3) are:
" (1) The Land Electoral Authority shall, in accordance with § § 78 to 83, to open the ballot box issued in accordance with Section 94 (1) and the voting envelopes sent by the other Land electoral authorities pursuant to Section 94 (3), to withdraw the ballot papers, the ballot papers of which shall be To check the validity of the invalid ballot papers with consecutive numbers and to check:
| 1. |
the total amount of valid and invalid votes cast; |
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| 2. |
the sum of the invalid votes cast; |
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| 3. |
the sum of the valid votes cast; |
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| 4. |
the valid votes cast on the individual parties (party totals); |
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| 5. |
the sum of the non-invalid and non-adorable votes from electoral envelopes that have not included an official ballot. |
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(2) After that the Land Electoral Authority shall summarize the investigations made pursuant to paragraph 1 and the reports transmitted in accordance with Section 90 (4) and shall immediately disclose the investigation to the Federal Electoral Authority.
(3) On the basis of the results of the election submitted to it pursuant to Article 90 (5), the Land Electoral Authority has to check the election results of the voting districts as determined by the district electoral authorities for any errors in the numerical results, these results if necessary, correct and, with the inclusion of the determination made pursuant to paragraph 1, the permanent positions taken by the Federal Electoral Authority for the regional constituencies and the Land constituency in accordance with Section 95 only provisionally now identify. "
48. In § 96, the previous paragraph 2 receives the sales designation "(4)" .
49. § 98 (2), first sentence reads:
" For this purpose, the Land Electoral Authority shall determine, on the basis of the preferential votes protocols of the district electoral authorities (Section 90 (2)) and the ballot papers from the electoral envelopes submitted to it pursuant to Section 94 (3), as well as the ballot papers from the ballot papers submitted pursuant to Section 94 (1) separate election envelopes the total sum of the preferred votes, which are attributable to each of the regional candidates of the elected party list in the regional constituencies of the Land constituency listed on the ballot paper. "
Section 98 (5) reads as follows:
" (5) Non-elected regional applicants shall be taken into account in the event that a mandate of their list is completed. In this connection, paragraphs 3 and 4 shall apply mutatily. If the list is exhausted by death or by deletion (Section 111 (4)), the Land Electoral Authority responsible for the appeal shall require the appointing representative of the party which has submitted the nomination of the Land, within 14 days of the date of the election. Date to be announced on behalf of the Land Electoral Authority, which shall be called upon by the electoral advertisers to be taken into account by the other regional party lists of the Land Electoral Commission for the purpose of the execution of mandates by the Land Electoral Authority. "
51. § 99 (2) reads:
" (2) The transcript shall contain at least:
| a) |
the name of the regional constituencies, the place and the time of the official act; |
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| b) |
the names of the members of the Land Electoral Authority and of the persons who are not present, as well as of the persons of trust in accordance with Section 15 (4); |
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| c) |
the names of the accredited persons present or present (Article 20a (3)); |
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| d) |
the general findings in accordance with section 96 (1); |
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| e) |
the final result of votes in the regional constituencies in the form in section 93 (2); |
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| f) |
the names of the regional candidates elected by each regional party list, in the order in which they are to be appointed, and, if appropriate, by the number of preferred votes; |
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| g) |
the names of the respective unelected regional candidates in the order referred to in § 98 (5). " |
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52. § 99 is to be connected to the following paragraph 5:
"(5) Upon request, the Land returning officer shall, if any, have the election observers present (Section 20a (1)) to follow a compilation of the result of the vote of the electoral authority, which he undertook."
53. In § 102 (2), the parenthesis shall be "(§ 90 para. 2)" by the parenthesis expression "(§ 90 (2) and (4))" replaced.
Section 103 (2) reads as follows:
" (2) The transcript shall contain at least:
| a) |
the name of the national constituency, the place and the time of the official act; |
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| b) |
the names of the members of the Land Electoral Authority and of the persons who are not present, as well as of the persons of trust in accordance with Section 15 (4); |
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| c) |
the names of the accredited persons present or present (Article 20a (3)); |
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| d) |
the general findings in accordance with section 96 (1); |
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| e) |
the final result of votes in the Land constituency as determined in the form in section 93 (2); |
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| f) |
the names of the candidates elected by each national party list in the order of their vocation, as appropriate, with the number of preferred votes being added; |
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| g) |
the names of the relevant non-elected candidates in the order referred to in § 102 (5). " |
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55. To be connected to § 103, the following paragraph 5 shall be attached:
"(5) Upon request, the Land returning officer shall, if any, have the election observers present (Section 20a (1)) to follow a compilation of the result of the vote of the electoral authority, which he undertook."
55a. § 104 reads:
" § 104. The Land Electoral Authority of the Federal Electoral Authority has the final results in the regional constituencies in this case in accordance with § 99 (2) lit. e and f as well as in the Land constituency in the according to § 103 para. 2 lit. e and f shall be notified immediately (emergency notification). "
56. § 106 (2) to (4) are:
" (2) The Federal Elections Proposal shall be submitted to the Federal Electoral Authority at the latest on the twentieth day before the election day; it must have the same party title as all the national election proposals to be attributed to it in the third investigation procedure; and must be co-signed by at least one service representative of a country nomination proposal to be allocated.
(3) The Federal Elections Proposal shall contain:
| 1. |
the party title in words and a short term in letters; |
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| 2. |
the Federal party list, which is a list of candidates for the assignment of mandates in the third investigation procedure; |
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| 3. |
the name of the representative (first and surname, occupation, address) of the representative authorised to give the order. |
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(4) In the Federal Party list the candidates shall be listed in the requested order with Arabic numerals, indicating the name of the first and the family, the year of birth, the occupation and the address of each applicant. A maximum of three times the number of candidates, as appears in the national election proposals of the respective party as a whole. The Federal Elections proposal may also include persons who are listed as candidates of this party in one of the Land constituencies in a Land nomination proposal. In the case of an applicant who already appears in one of the national constituencies in a nomination proposal of the party to be submitted to the Federal Elections proposal, it shall also be stated on which party lists (national party list, regional party list) he/she as an applicant of a country nomination proposal. An applicant who is not listed in any nomination for a Land nomination shall be admitted to the Federal Party List only if he has declared his/her consent in writing. "
57. In § 106, the previous paragraphs 4 and 5 are given the name "(5)" and "(6)" Paragraph 6 reads as follows:
"(6) At the latest on the sixteenth day before the election day, the Federal Electoral Authority shall conclude the Federal Elections proposals and shall be able to be published in the" Official Journal of the Wiener Zeitung "with the omission of street names and ordinal numbers."
(58) The following paragraph 7 is added to Section 106:
" (7) The Party may at any time replace the appointing representative representative of the Federal Elections Proposal by another representative. Such declarations to be made to the Federal Electoral Authority shall only require the signature of the last representative authorized to be authorized. If this is not true, the declaration must be signed by more than half of the candidates referred to in the nomination. "
Article 108 (5) reads as follows:
"(5) Upon request, the Federal Returning Officer shall, if any, have the election observers present (Section 20a (1)) to follow up a summary of the result of the votes of the electoral authority, which he undertook."
60. In Section 111 (2), the word "behufs" through the phrase "for the purpose of the" replaced.
61. § 111 (4) reads:
" (4) An election advertiser on a Land electoral proposal may at any time request his removal from the Land Electoral Authority. A deletion of a list (country party list or regional party list) is permitted. An election advertiser on the federal election proposal may at any time ask the Federal Electoral Authority to remove it from the Federal Electoral Commission. In any event, the deletion of the case shall be made by the competent electoral authority. "
62. In Section 114 (1), the phrase "the Member of the European Parliament to be sent from Austria to the European Parliament" through the phrase "Members of the European Parliament" replaced.
63. § 124 (2) and (3) are:
" (2) The rate of remuneration set in paragraph 1 shall be reduced or increased, beginning with the first. January 2004, annually to the extent resulting from the change in the 1986 consumer price index published by the Federal Statistical Office (Bundesanstalt Statistik Austria) or the index which is to be replaced by the index to January 2003, 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 2002 or of the index number used as a basis for a change in the rate of remuneration as a result of changes in index numbers in 2002. . 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.
(3) The flat-rate compensation shall be sent to the country's main men within two years of the election day. The provincial authorities shall immediately forward the lump-sum compensation to the municipalities. If, after an election, an adjustment has taken place in accordance with paragraph 2, the rate of remuneration, which shall be applied at the time of the election, shall nevertheless apply. "
§ 125 reads as follows:
" § 125. The writings directly prompted by this federal law are exempt from the administrative duties of the federal government. "
65. ( Constitutional provision ) Section 127 (1) is deleted.
65a. § 127 (2) and (3) are deleted.
§ 128 and title shall be:
" Transitional provision
§ 128. Until the end of August 31, 2007, the Federal Government has been responsible for the application of § 12 (2) and 15 (3) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 28/2007, to make changes in the composition of the Federal Electoral Authority. "
65c. In § 129, the following paragraph (1d) is inserted after paragraph 1c:
" (1d) § § 2 para. 2, 4 para. 2 and 3, 5, 12 para. 2, 15 para. 2 and 3, 20a including the title, 21 para. 1, 25 para. 4 and 5, 26 para. 1, 38 para. 1, 39, 40 para. 1 and 3, 41, 42 para. 3, 45 with title, 46 para. 3, 49 para. 6, 52 para. 2, 6 and 7, 54, 56 para. 1, 59, 60 with title, 61 para. 1, 65 with headline, 66 para. 3, 67 para. 3, 68 with title, 69 para. 1, 71 with title, 72 para. 1, 73, 76 para. 3, 77 para. 1, 78 para. 1, 79 para. 3, 84, 85, 86 para. 2, 87 para. 2, 90, 94 para. 2, 95, 96, 98 para. 2 and 5, 99 (2) and (5), 102 (2), 102 (2) and (5), 104, 106, 108 (5), 111 (2) and (4), 114 (1), (118) (2) and (4), (119) together with the title, 124 (2) and (3), 125, 128 with title, 129 para. 2 as well as Appendix 3 in the version of the Federal Law BGBl. I n ° 28/2007 will enter into force on 1 July 2007. "
Article 129 (2) reads as follows:
" (2) With the enforcement of § 1 (2) and (3), the Federal Government, with the enforcement of Section 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 Government. Federal Minister for Home Affairs. 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) and 87 (2) in agreement with the Federal Minister for European and International Affairs and with regard to § § 60 (2) and 76 (3) in agreement with the Federal Minister for European and International Affairs and the Federal Minister for National Defense . The enforcement of § 125 falls within the competence of the Federal Minister of Finance. "
67. The Appendix 3 reads:
Appendix 3, front
Original size: DIN E5 (200 x 280 mm)
Appendix 3, Back
Original size: DIN E5 (200 x 280 mm)
Article 2
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 ° 90/2003 and the Federal Law BGBl. I n ° 6/2007, is amended as follows:
1. § 2 reads:
" § 2. In accordance with this federal law, the federal election authorities, municipal electoral authorities, district electoral authorities, state electoral authorities and the Federal Electoral Authority are appointed to lead and implement the election of the Federal President, according to the Federal Elections Act. National Council Electoral Regulations 1992, BGBl. No. 471, (NRWO) are in each case in office. In addition, the relevant provisions of the NRWO, including provisions on international election observation (in particular § 20a NRWO), shall apply mutasensitily to these electoral authorities. "
2. § 3 para. 2, first sentence reads:
"Voting shall take place without prejudice to the provisions on voting by means of an electoral card, before the local election authority."
3. § 5a (1), (4) and (5) are:
" (1) eligible voters who are likely to be prevented on election day to cast their votes before the competent electoral authority, for example due to absence of local residents, for health reasons or because of residence abroad, are entitled to issue of an election card. "
" (4) The issuing of the electoral card shall be given by the municipality from which the person entitled to vote was entered in the voters ' register, starting from the day of the election tendering until the fourth day before the election day at the latest, indicating the reason provided for in paragraph 1. 1 in writing or, at the latest, on the second day before election day, 12.00 noon, orally. A written application may also be made, up to the latter date, if a personal transfer 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 case of an oral application, the identity shall be proved by a document, the identity may be made by the written application, provided that the applicant is not known to be present or the application is not digitally signed in the case of an electronic application, also in other ways, in particular by indicating the passport number, by presenting the copy of a photo ID or another certificate, credibly made. In the case referred to in paragraph 2, the application 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, and In the case of persons who are in public custody, they shall contain an official confirmation of accommodation.
(5) A person entitled to vote with a principal residence abroad who is registered in the voter's 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 evidency. , it was entered immediately after the election of the Federal President 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. Voting cards must be sent to persons who have issued an all-day exhibition of the electoral card pursuant to Section 2a (6) of the Electoral Evidence Act 1973 as soon as the municipality has made available the relevant forms and the official ballot papers. "
(4) In § 5a, the previous paragraphs 5 to 7 are given the name "(6)" to "(8)" , the previous paragraphs 8 to 10, the name "(10)" to "(12)" Paragraph 9 reads as follows:
"(9) A person entitled to vote shall be informed by the municipality of ehest possible if his application for the issuing of a ballot card has not been given."
5. In the new paragraph 5a (7), the word "chamois-" by the word "attached" replaced.
6. In Section 6 (1), the phrase "at the latest by the end of the day of the election" through the phrase "on the day of the election" replaced.
7. § 9 (1) reads:
"(1) On the twenty-fourth day before election day, the Federal Electoral Authority shall conclude the election proposals corresponding to the law and, in alphabetical order, in the Official Journal of the Wiener Zeitung" in the Official Journal of the Vienna newspaper ", to publish the surname; in the case of the equality of surnames, the order shall be based on the alphabetical order of the first names; if the first names are the same, then the date of the submission of the election proposal shall be major. If a number of nominations contain the same elector, the name of the electoral advertiser shall be published only once, but under the guidance of the appointing representatives of the nominations for election. "
8. § 10 reads:
" § 10. (1) For the voting procedure, the provisions of Sections 52 to 55, 57 to 67, 69 to 72, 73 (1) to (3), first sentence and (4) and 74 NRWO, and § 61 of the NRWO, shall apply, however, with the proviso that the election witnesses shall be entitled to Representatives of an officially published election proposal (§ 9) or of his authorised representative can be made reputable.
(2) The right to vote may be exercised by those voters who have been issued voting cards in accordance with Section 5a of this Regulation, at any polling station or in the course of the sending of the closed electoral card to the relevant district electoral authority (postal ballot).
(3) For this purpose, the voter has to put the official ballot filled by him into the ballot box, to close the ballot and to place it in the electoral card, then to declare on the electoral card by signing the ballot, that he or she shall have the official ballot card. Ballot papers personally, unobserved and unaffected, then closed the ballot card and thus in good time by post, when voting abroad at most in the way of an Austrian representative authority or a Austrian unit, to the competent district electoral authority, that the Election card shall be received there no later than the fifth day after the election day until 2 p.m., the voting card for the second ballot shall be received no later than the eighth day after the election day until 2 p.m. The identity of the voter as well as the place and date (date and time) of the return of the closed ballot box to the electoral card shall be taken out of the electoral card with the afficial declaration. The affidavit must have been made before the closing of the last polling station in Austria.
(4) 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, |
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| 2. |
in the case of the affidavit, the date, in the case of a vote on election day, also the time of day, is missing, |
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| 3. |
the affidavit has been made after the closing of the last polling station on election day, |
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| 4. |
the electoral card has not been sent to the district electoral authority by post, in the case of a vote abroad, if any, not in the course of an Austrian representative authority or an Austrian unit; or |
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| 5. |
the voting card shall not arrive on the fifth day after the election day until 2 p.m., the voting card for the second ballot will not arrive on the eighth day after the election day until 2 p.m., at the relevant district election authority. |
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(5) The District Electoral Authority has to keep the voting cards used for a ballot by means of postal ballot up to the count (§ 90 para. 3 and 4 first sentence NRWO) officially under closure.
(6) 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 eleventh day after the election day of the first ballot. Election envelopes of voting cards for the second ballot, which were filled out before that day, shall not be taken into account in the determination of the election result. "
9. In Section 10a (2), the parenthesis shall be "(Section 5a (5))" by the parenthesis expression "(Section 5a (6))" replaced.
9a. In Section 10a (3), the word order shall be "chamois color" through the phrase "bei-colored" replaced.
10. § 11 (3) reads:
" (3) The official ballot paper for a vote in the course of the postal ballot in the second ballot has a heading for the registration of the nominee's surname and, if need be, further distinguishing features, the earliest possible date of the vote. Voting and, incidentally, the information provided by the model of Annex 6, in particular the indication of how the voter can experience abroad, whether a second ballot is taking place, and which electoral voters have been shortlisted, to be included. "
11. § 14 (3) reads:
" (3) In addition, the corresponding provisions of Sections 84 to 89 (1), 90 (1), 3 to 5 shall apply for the determination of the local election results as well as the election results in the Land constituency and in the regional constituencies, with the proviso that only one The corresponding provisions of § § 90 (4), second sentence, 5 and 6, 93 (1), first sentence and para. 2, 95 (1), 96 (3) with the supplement that the result of the vote in the Land constituency in a vote-log , as well as Articles 99, 103 and 104 of the NRWO, with the proviso that the Ballot card voters are to be counted in the electoral authorities in which they have been cast. "
12. § 23 deleted.
13. § 25 (2) and (3) are:
" (2) The rate of remuneration set in paragraph 1 shall be reduced or increased, beginning with the first. January 2004, annually to the extent resulting from the change in the 1986 consumer price index published by the Federal Statistical Office (Bundesanstalt Statistik Austria) or the index which is to be replaced by the index to January 2003, 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 2002 or of the index number used as a basis for a change in the rate of remuneration as a result of changes in index numbers in 2002. . 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.
(3) The flat-rate compensation shall be sent to the country's main men within two years of the election day. The provincial authorities shall immediately forward the lump-sum compensation to the municipalities. If, after an election, an adjustment has taken place in accordance with paragraph 2, the rate of remuneration, which shall be applied at the time of the election, shall nevertheless apply. "
14. § 27 reads:
" § 27. With the enforcement of this Federal Act, the Federal Minister of the Interior, with regard to § § 5a (4), 7 (4) and 6 (6) and the mention of Annex 6 in agreement with the Federal Minister for Foreign Affairs, is the Federal Minister for the Interior. European and international affairs and with regard to section 10 (3) in agreement with the Federal Minister for European and International Affairs and the Federal Minister for National Defense. The enforcement of § 24 falls within the competence of the Federal Minister of Finance. "
15. Appendixes 4 and 5 are:
Appendix 4, front
Original size: DIN E5 (200 x 280 mm)
Appendix 4, Back
Original size: DIN E5 (200 x 280 mm)
Appendix 5, front
Original size: DIN E5 (200 x 280 mm)
Appendix 5, Back
Original size: DIN E5 (200 x 280 mm)
16. The following paragraph 4 is added to § 28:
" (4) § § 2, 3 (2), 5a, 6 (1), 9 (1), 10, 10a (2) and (3), 11 (3), (3), (3), (2) and (3), (27) and (4), (5), (6) and (7) in the version of the Federal Law BGBl (Federal Law). I No 28/2007 will enter into force on 1 July 2007. Section 23 shall expire on 30 June 2007. "
17. In Appendix 4, front and back, the word order under the name of the plant "Paper color: white" inserted. In Appendix 5 Front and rear sides, the word sequence under the name of the plant "Paper color: beige" inserted. In Annexes 6 and 7, the word sequence shall be: "Paper color: chamois" through the phrase "Paper color: beige" replaced.
Article 3
Amendment of the European Electoral Regulations
The Federal Act on the Election of Members of the European Parliament to the European Parliament (European Electoral Regulations-EuWO), Federal Law Gazette (BGBl). No 117/1996, as last amended by the Federal Law BGBl. I n ° 89/2004 and the Federal Law BGBl. I n ° 6/2007, is amended as follows:
1. The title is:
