440. Regulation of the Federal Minister of the Interior on the election of the persons of the civil service staff (Confidence Spersons election order-VP-WO)

On the basis of § 37d (8) of the Civil Service Act 1986 (ZDG), BGBl. No. 679, as last amended by the Federal Law BGBl. I No 106/2005, shall be ordered:

Scope

§ 1. This Regulation lays down the rules for the election of the persons of the civil service who are members of the ordinary civil service (substitutes).

Election Area

§ 2. (1) The persons of trust (alternates) shall be elected in institutions and agencies recognised in accordance with § 4 ZDG, provided that at least five civil service providers are directly employed (Section 37b (1) (1) ZDG).

(2) If one or more application points are recognised in the case of a facility, they shall be elected in such trusts (alternates). In this case, the institution shall be deemed to be the operational authority for the civil service providers directly employed by the institution. A joint representation for the civilian service providers (central representation) assigned to the institution as a whole is not to be carried out (Section 37b (2) ZDG).

Eligibility

§ 3. All civil servants who provide ordinary civil service are actively and passively entitled to vote at their institution or point of application (§ 2).

Implementation of the election

§ 4. (1) The choice shall be carried out by the respective institution or point of application (§ 2).

(2) The legal entity of the institution shall announce the number of the civil service providers of the district administrative authority, in each case, in the case of its facilities or operations, within one week from the date of the service of the civil service providers.

Number of trusts and deputists

§ 5. The persons entitled to vote shall be from their ranks in institutions or places of application

1.		with 5 to 19 civil service providers, a confidant and a deputy,
2.		with 20 and more civilian service providers to elect a confidant and two deputies.

New elections

§ 6. If both the function of the confidential person and those of the deputy (s) are lost (Section 37d (4) ZDG) or if a dismise pursuant to section 18 has taken place, a new election shall be carried out.

Election day, date and place of election

§ 7. (1) The day of the election shall be determined by the legal entity of the institution in such a way that it falls on a working day and the election at the latest five weeks in accordance with the general assignment dates laid down by the Civil Service Service Agency (§ 37d paragraph 2 ZDG), in the cases of § 6 at the latest five weeks after the date of receipt of the notification of the event requiring the re-election in the case of the entity's legal entity.

(2) The eleventh day before election day shall be deemed to be the deadline for the determination of the right to vote.

(3) Election rights may only be allocated from the cut-off date until the end of the election with the approval of the Civil Service Service Agency to another point of use, to the institution itself or from it to an application site.

(4) The legal entity of the institution shall determine the beginning and duration of the vote and the polling station in such a way and shall make it available at a point accessible to all civil service providers that each person entitled to vote shall exercise his right to vote can.

Electoral Commission and electoral list

§ 8. (1) The institution (service centre) shall be responsible for the election of an electoral commission, which it shall form at the latest by the date of the deadline. Where necessary, several electoral commissions may be established. The Chairperson of the Electoral Commission (election leader) is the oldest civilian service provider of the institution (employment office) of life years or, in the case of his permanent prevention, the next oldest civilian service provider. Other members of the Election Commission are the Head or the head of the institution or a representative (s) of the institution (s) as well as another civilian service provider of the institution (application site). In the case of the latter, the next oldest civilian service provider shall be used, or, in the case of permanent prevention, a civilian service provider appointed by him as a substitute.

(2) The legal entity of the institution shall draw up a list of voters for the respective electoral area (§ 2) and submit it to the Electoral Commission immediately after the deadline, but no later than the ninth day before the election day. It shall also be placed in the electoral area at a point accessible to all civilian service providers. In the voters ' list, all civil service providers who are entitled to vote on the reporting date (§ 7 para. 2) are to be entered in alphabetical order of their family and first names, with the addition of the year of birth.

(3) The Electoral Commission

1.		the conclusion and the announcement of nominations,
2.		the implementation of the election and
3.		the inclusion of a transcript of the meetings of the electoral commission ( Appendix 1 ), the electoral process and the counting of votes as well as the handing over of the electoral list ( Appendix 2 ), of the voting list ( Appendix 3 ), the ballot paper ( Appendix 4a or 4b ) and the minutes after the end of the election to the district administrative authority.

Nominations

§ 9. (1) Each person entitled to vote shall be free to propose to the election manager a candidate for the election of the confidant. In alphabetical order, the head of the election shall summon the names of the nominees proposed after obtaining their consent ( Appendix 5 ) and the Electoral Commission at the latest on the eighth day before the election day.

(2) The nominations shall be concluded by the Electoral Commission at the latest on the eighth day before the election day.

(3) The summary of the nominations shall be made in the electoral cell before the election begins.

Transmission of voting documents in the case of postal ballot

§ 10 (1) After the conclusion of the election proposal in accordance with § 9, the persons entitled to vote who wish to make use of the exercise of their right to vote by means of postal ballot and who have been notified by the Electoral Commission in writing at the latest by the sixth day before the election day shall be entitled to vote. demonstrably, by means of the establishment or the place of application,

1.		the nomination,
2.		a ballot paper (§ 14),
3.		an opaque envelope (election envelopes, section 11 (3)) and
4.		a franked and specially marked second envelope with the address of the electoral commission and the name of the person entitled to vote, and
or to hand them out in person.

(2) The ballot paper and the ballot box shall be of the same nature as those used in the electoral process in the polling station.

(3) The documents referred to in paragraph 1 shall be transmitted or handed over to the persons entitled to vote in such a timely manner that their votes may, taking account of the postal route, extend to the electoral commission until the end of the vote on the election day.

Polling in polling station

§ 11. (1) The Head of the election shall ensure the maintenance of calm and order during the election process and in compliance with the provisions of this Regulation.

(2) Electoral persons who have not made use of the exercise of their right to vote by means of a postal ballot have to appear in person before the Electoral Commission in order to exercise their right to vote at the specified time in the polling station, and to the election manager to be dismissed.

(3) ballot papers and non-transparent envelopes (elective envelopes) shall be used for the election, in accordance with the same quality and uniform format. The ballot papers shall be in accordance with Annex 4a or 4b. In Appendix 4b, the names shall be entered in the order of the candidates who appear in the summary of the nominations. The head of the election shall have to pass a ballot and a ballot paper to each person entitled to vote.

(4) The person entitled to vote has to go to the designated electoral cell alone, which is to be set up in such a way that the vote can be carried out in an unobserved manner. The person entitled to vote shall enter or cross the name and surname of the person chosen by him in the ballot paper (Appendix 4a or 4b). Then he has to give the ballot to the polling card. The electoral envelope shall be handed over to the election manager, who shall have to put it unopened to the ballot box. The name of the voter shall be identified in the voters ' list and shall be entered in the voting list.

(5) Each person entitled to vote shall be entitled to lodge an objection with the election manager on account of non-inclusion in the voters ' list, non-acceptance of an electoral proposal or violation of the rules governing the electoral process. The Electoral Commission shall immediately examine these objections. The election leader shall decide on them after hearing the other members of the electoral commission. If the unlawfulness claimed in the objection has been proven and if it has been influenced by the election result, the legal entity of the institution shall arrange for the re-implementation of the election.

(6) After the expiry of the election period, or as soon as all persons entitled to vote have been elected, the electoral manager shall declare the electoral process terminated.

Ballot in postal ballot

§ 12. (1) In the event of a postal ballot, compliance with the principles of a secret and personal electoral law shall be ensured.

(2) The head of the election shall note the date and time of the arrival on the incoming envelopes and shall keep these envelopes unopened under the closure until the end of the electoral process in the polling station.

(3) With regard to persons entitled to vote who have cast their votes by means of postal ballot, an appropriate endorsement shall be placed on the voters ' list.

Determination of the outcome of the election

§ 13. (1) After the end of the vote, the election leader shall

1.		to open up to date the envelopes of those entitled to vote who have cast their votes by means of a postal ballot, to withdraw the electoral envelopes and to place the unopened ballot boxes in the urn,
2.		to mix the electoral envelopes in the ballot box;
3.		to empty the ballot box,
4.		the number of persons entitled to vote in the voting list, the number of votes cast and the presumed reason if the above figures do not correspond.

(2) The head of the election shall open the ballot box and, together with the other members of the electoral commission, shall examine the validity of the ballot papers cast.

(3) Late envelopes which arrive too late shall be marked unopened with an appropriate endorsement and shall be placed on the electoral markets.

Validity of ballot papers

§ 14. (1) The ballot paper shall be valid if it clearly indicates to which electable civilian service provider the voter wanted to give his vote.

(2) The ballot paper shall therefore, in particular, be invalid if:

1.		has been used by a ballot paper other than the ballot paper made available by the Electoral Commission,
2.		has been registered with the name of a non-electable civil service provider;
3.		several names have been registered or crossed on him,
4.		no name has been registered or crossed on him; or
5.		otherwise it is not clear to which civil service provider the electorate wanted to give his voice.

(3) If more than one ballot paper is found in an elective envelope that is on the same name, only one ballot paper shall be valid. If two or more ballots, which are denominated in different names, are found, then all of them are invalid. An empty electoral envelope is considered to be an invalid vote.

(4) Words, remarks or signs which have been affixed for purposes other than the name of the elected civil service provider do not affect the validity of a ballot paper if this does not result in an invalidity reason as referred to in paragraph 2 or 3.

Vote Count

§ 15. (1) The Electoral Commission shall first:

1.		the total amount of votes cast,
2.		the sum of the invalid ballot papers and
3.		the sum of the valid ballot papers
to determine.

(2) The Electoral Commission shall then determine the number of valid votes cast for each of the civil service providers. The civil service provider, which accounts for the majority of votes, is elected confidant. The (first) deputy is elected to the civil service provider who has received the next lower number of votes, according to the elected person. If, in accordance with § 5, a second deputy is to be elected, the first substitute shall be the substitute for the civil service provider, who shall have the next lower number of votes. In the event of a tie, the lot shall decide. The draw shall be made by the head of the election.

(3) In the event that a member of the electoral commission considers the result of the vote count to be incorrect, it may require the vote count to be reviewed without delay. This review shall be carried out by the Electoral Commission. If the result is the inaccuracy of the result of the counting of votes, it shall be put right immediately.

Adoption of the election

§ 16. (1) After the end of the counting of votes, the acceptance confirmation of the elected confidante and the deputy (s) shall be obtained. If the confidence person rejects the election, the (first) deputy shall be elected as a confidant. The necessary appointment of the deputy (the deputy) is governed by § 15 para. 2. The same applies if a deputy rejects the election.

(2) The result of the counting of votes as well as of any overdue examination and the result of the questioning of the elected civil service providers on the acceptance of the election shall be held in the minutes according to § 8 (2) (3) (3) of the German Civil Code. This is to be signed by the members of the electoral commission.

Customer

§ 17. (1) The election result and the names of the confidential person and of the deputy (s) shall be immediately available from the Electoral Commission, with the participation of the legal entity of the institution, in the facilities or operations of one for all To make known to the civil service provider.

(2) The Civil Service Service Agency, the Governor of the Land and the District Administrative Authority shall be immediately informed by the legal entity of the institution of a choice made, as well as of a dismise pursuant to § 18.

Dismise

§ 18. (1) In the event of a vote on the convening of a confidant or a deputy (Section 37d (3) of the ZDG), the provisions of this Regulation shall apply with the proviso that the ballot papers shall have to be "yes" or "no".

(2) A majority of the valid votes cast shall be required for the convening of a confidante (deputy). In the event of a tie, the person (substitute) shall be deemed to have been confirmed in her function.

Dispute

§ 19. (1) The validity of the election may be challenged by the persons entitled to vote with the relevant district administrative authority (Section 37d (5) ZDG) within two weeks after the result of the election of the election result.

(2) Where a reasoned objection is raised, the District Administrative Authority shall, on the basis of the documents available to it, review the outcome of the election. If the incorrectness of the determination is given, the result shall be correct and re-established.

(3) If, on the basis of a reasoned objection, it is established that provisions relating to the electoral procedure have been infringed, the election shall be declared invalid in so far as the outcome of the election could be affected by this illegality.

(4) Where an election is declared invalid, it shall be re-implemented without delay.

(5) if the review does not give rise to the rectification of the results of the election, the District Administrative Authority shall reject the objection.

(6) The decision of the District Administrative Authority may not be challenged by a proper appeal.

In-force pedals

§ 20. This Regulation shall enter into force 1. Jänner 2006 in force. The regulation of the Federal Minister of the Interior on the election of the trust of the civil service providers (the Electoral College of Confidence), Federal Law Gazette (BGBl). II No 95/2001, enters into force on 31 December 2005.

Prokop