27. Federal Constitutional Law, with which the Federal Constitutional Law is amended

The National Council has decided:

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Constitutional Law BGBl. I No 5/2007, is amended as follows:

Article 23a (1) reads as follows:

" (1) Members of the European Parliament shall vote in Austria on the basis of the same, direct, personal, free and secret electoral rights of the men and women who are elected on election day 16. Have completed their life year and either have Austrian citizenship on the date of their choice and are not excluded from the right to vote in accordance with the law of the European Union or the nationality of another Member States of the European Union shall have the right to vote in accordance with the principles of proportional representation and shall be entitled to vote in accordance with the law of the European Union. "

(2) Article 23a (3) reads as follows:

" (3) The voters in Austria to the European Parliament are eligible to vote, which is the 18th on election day. They have completed their life year. "

(3) Article 23a (4) reads as follows:

"(4) Art. 26 (5) to (8) shall apply mutatily."

(4) Article 23a (5) and (6) are deleted.

Article 26 (1) reads as follows:

" (1) The National Council shall be held by the Federal People on the basis of the same, immediate, personal, free and secret electoral rights of the men and women, who on election day the 16. have been completed in accordance with the principles of proportional representation. "

6. Article 26 (4) reads as follows:

" (4) The persons entitled to vote for the National Council, who hold Austrian citizenship on the closing date, are eligible to vote on the election day. They have completed their life year. "

7. Art. 26 (6) reads:

" (6) eligible voters who are likely to be prevented on election day to cast their votes before the electoral authority, for instance due to absence of local residents, for health reasons or for residence abroad, may apply for their right to vote at the request of: Indication of the reason given by postal ballot. The identity of the applicant shall be credibly made. The person entitled to vote has to declare, by signing on to Eides, that the vote has taken place in person and in secret. "

8. The following paragraph 8 is added to Article 26:

"(8) The more detailed provisions on the electoral procedure shall be taken by federal law."

(9) The following Article 26a is inserted after Article 26:

" Article 26a. Electoral authorities are responsible for the conduct and management of the elections to the European Parliament, the elections to the National Council, the election of the Federal President and referendums, as well as the participation in the review of popular encounters and referendums. to be reformed before each election to the National Council. Members of the Federal Electoral Office must be members of the electoral parties, the Federal Electoral Office shall also be members of the electoral authority, and the number of members shall be determined in the electoral regulations of the National Council. The non-funders shall be appointed on the basis of proposals by the elective parties in accordance with their strength as established in the last election to the National Council. However, in the last elected National Council, electoral parties that would not be entitled to appeal to the Federal Elections Authority are entitled to propose a co-sitter for the Federal Electoral Authority. "

10. In Art. 27 (1), Art. 92 (2), second sentence, Art. 122 (5), 134 (5) and Article 147 (5), the word "four" in each case by the word "five" replaced.

11. In Article 30 (3), the phrase "the Members of the European Parliament who have been sent by the Republic of Austria" through the phrase "Members of the European Parliament elected in Austria" replaced.

(12) Article 41 is added to the following paragraph 3:

"(3) The more detailed provisions on the procedure for the referendum shall be taken by federal law."

13. Art. 46 reads:

" Article 46. (1) The Federal President shall arrange the referendum.

(2) Voting entitled to vote in referendums shall be those who have the right to vote for the National Council on the voting day.

(3) The more detailed provisions on the procedure for the referendum shall be adopted by federal law. Article 26 (6) shall apply mutatily. '

14. In Art. 49b (1), first sentence, the words "the Federal legislature" by the words "federal legislation" replaced.

15. In Art. 49b (3), second sentence, the word order is deleted "and in a congregation of the federal territory has the main residence" .

16. Article 60 (1) reads as follows:

" (1) The Federal President shall be elected by the Federal Republic of Germany on the basis of the same, direct, personal, free and secret electoral law of the men and women entitled to vote for the National Council; if only one elector of the election shall be elected, the election shall be: Form of a vote. Article 26 (5) to (8) shall apply mutatily. '

17. In Art. 60 (3), first sentence, the phrase "at the latest by the end of the day of the election" through the phrase "on Election Day" replaced.

Article 95 (1) reads as follows:

" (1) The legislation of the Länder shall be exercised by the Landtage. The Landtage shall be elected on the basis of the same, direct, personal, free and secret electoral rights of the male and female nationals eligible under the Landtag electoral codes, in accordance with the principles of proportional representation. The country's constitution may provide that citizens who have had a place of residence in the country before the transfer of their main residence to another country, for the duration of their stay abroad, but for a period of ten years at the latest, may also be referred to as the Landtag. have the right to vote. "

19. In Article 95 (2), the word order shall be "active and passive voting rights" through the phrase "electoral law and eligibility" replaced.

20. In accordance with Article 95 (3), the following paragraph 4 is inserted:

" (4) The more detailed provisions on the electoral procedure shall be taken by the Landtag election regulations. Article 26 (6) shall apply mutatily. '

21. The previous Article 95 (4) shall be replaced by the sales designation "(5)" .

22. Art. 117 (2) reads:

" (2) The municipal council shall be elected on the basis of the same, direct, personal, free and secret electoral rights of the male and female citizens who have their primary residence in the municipality, in accordance with the principles of proportional representation. The electoral system may, however, provide that citizens who are resident in the municipality but do not have the main residence are also entitled to vote. The electoral system may not tightest the conditions of electoral law and eligibility than the Landtag electoral system; however, it may be determined that persons who are not present in the municipality for a year are not entitled to vote and can be chosen if their stay in the municipality is obviously temporary. Under the conditions to be laid down in the electoral regulations, nationals of other Member States of the European Union shall also be entitled to vote and to be elected. The electoral system can determine that voters exercise their right to vote in constituencies, each of which must include a closed area. An outline of the electorate in other electoral bodies is not allowed. Article 26 (6) shall apply mutatily. In the event that no election proposals are submitted, it may be determined in the electoral code that persons are considered to be elected, whose names are most frequently mentioned on the ballot papers. "

(23) Article 117 (6) is added to the following sentence:

"In such a case, Article 26 (6) shall apply mutatily."

24. The Federal Constitutional Law BGBl. In Article 151 (33), Article 151 (33) is replaced by the sales designation "(33a)" .

(25) Article 151 is added to the following paragraph 36:

" (36) For the in-force treks of the by the Federal Constitutional Law BGBl. I No 27/2007, amended or inserted provisions and the out-of-force of the provisions of this Federal Constitutional Law and the transition to the new legal situation shall apply:

1.		Art. 23a (1), (3) and (4), Art. 26 (1), (4), (6) and (8), Art. 30 (3), Art. 41 (3), Art. 46, Art. 49b (1), first sentence and (3), second sentence, Art. 60 (1) and (3), first sentence, Art. 95 (1), (2), (4) and (5), Art. 117 (2) and (6) and Art. 151 Paragraph 33a shall enter into force on 1 July 2007; at the same time, Article 23a (5) and (6) shall not apply. The provisions of national law must be adapted to the new legal situation by 31 December 2007.
2.		Article 26a shall enter into force on 1 July 2007. The reformation of the Federal Electoral Authority pursuant to this provision shall take place until 31 August 2007, and the more detailed provisions shall be taken by the electoral system to the National Council.
3.		Art. 27 (1), Art. 92 (2), second sentence, Art. 122 (5), Art. 134 (5) and Article 147 (5), enter into force at the beginning of the XXIV. Legislative period in force. To persons who are at the beginning of the XXIV. The legislative period already has a function within the meaning of Article 92 (2), second sentence, Art. 122 (5), Article 134 (5) and Article 147 (5), these provisions shall continue to apply in the version in force until that date. "

Fischer

Gusenbauer