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Austria Austria

Boundary Delimitation

BD001

Delimitation of constituencies


Question:Are constituencies delimited for election purposes?
Answer: a. Yes
Comments: Each province constitutes a provincial constituency. The provincial constituency bears the name of the province and has a number according to the alphabetical order of the provinces.
Source: Federal Law on the Election of the National Council (1992), Art. 2 http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2017/11/16
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BD003

Criteria for drawing boundaries


Question:On what criteria are the boundaries drawn?
Answer(s): d. Conformity with local jurisdiction boundaries
Comments: For election purposes the federal territory is partitioned in nine provincial constituencies, whereby each province constitutes a provincial constituency. The provincial constituency bears the name of the province and has a number according to the alphabetical order of the provinces.
Source: Federal Law on the Election of the National Council (1992), Art. 2 http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2017/11/16
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BD005

Body responsible for drawing boundaries


Question:The body responsible for drawing the boundaries is:
Answer(s): h. Not applicable
Comments: Boundary delimitation is pre-determined based on existing provincial boundaries.
Source: Federal Law on the Election of the National Council (1992), Art. 2 http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2017/11/16
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Electoral Systems

ES001

Head of State


Question:How is the Head of State selected?
Answer(s): c. Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The Federal President is elected by the nation on the basis of equal, direct, secret and personal suffrage. If there is only one candidate, the election shall take place by way of referendum. The candidate who polls more than half of all valid votes has been elected. If no such majority results, a second ballot takes place. Votes in this can validly be cast only for one of the two candidates who have polled the most votes in the first ballot.
Source: Constitution, Art. 60 http://www.servat.unibe.ch/icl/au00000_.html
Verified: 2017/07/07
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ES002

Head of Government


Question:How is the Head of Government selected?
Answer: e. Appointed
Comments: The Federal Chancellor and, on his recommendation, the other members of the Federal Government are appointed by the Federal President. In his capacity as chairman of the Austrian Federal Government, the chancellor holds the supreme federal authority of the executive branch and is considered to be the most powerful position in Austrian politics.
Source: Constitution, Art. 70 http://www.servat.unibe.ch/icl/au00000_.html
Verified: 2017/07/07
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ES003

President


Question:Does the country have a president?
Answer: a. Yes
Comments: The Federal President is elected by the nation on the basis of equal, direct, secret, and personal suffrage once in every six years. The president acts mostly on the advice of the Chancellor and the Cabinet.
Source: Constitution, Art. 60-68
Verified: 2017/07/07
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ES004

Number of Chambers


Question:The national legislature consists of (one/two chambers):
Answer: b. Two chambers
Comments: The legislative power of the Federation is exercised by the House of Representatives jointly with the Senate.
Source: Constitution, Art. 24 http://www.servat.unibe.ch/icl/au00000_.html
Verified: 2017/07/07
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ES005

Electoral System (Chamber 1)


Question:What is the electoral system for Chamber 1 of the national legislature?
Answer(s): g. List Proportional Representation
Comments: The National Council is elected by the nation in accordance with the principles of proportional representation on the basis of equal, direct, secret and personal vote for men and women who at the latest with expiry of election day have completed their eighteenth year of life.
Source: Constitution, Art. 26 (1) Electoral Law, Art. 4 http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2017/07/07
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Legislative Framework

LF001

Status of Electoral Law


Question:What is the status of the electoral law governing national elections?
Answer(s): a. Part of Constitution
b. Separate legislation
Comments: Both the Constitution and separate legislation govern the administration of elections.
Source: Constitution of Austria http://www.servat.unibe.ch/icl/au00000_.html Federal Law on the Election of the National Council (1992) http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2012/05/29
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LF003

Electoral Law covers


Question:The national electoral law covers:
Answer(s): a. National elections
Comments:
Source: Federal Law on the Election of the National Council (1992) http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2012/05/29
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LF004

Compulsory/voluntary voting


Question:Is voting on the national level voluntary or compulsory?
Answer(s): c. Voting is compulsory and regulated in the constitution
Comments: Voting is compulsory in the Federal States where this has been enacted by State law. Detailed provisions about the electoral procedure and compulsory voting, if necessary, will be made by federal law. This federal law shall in particular lay down the reasons held to excuse non-participation in the election notwithstanding compulsory voting
Source: Constitution of Austria, Art. 26(1) Federal Law on the Election of the National Council (1992) http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2012/05/29
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LF007

Electoral Disputes Agency(ies)


Question:What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s): c. Specially Appointed/Elected Electoral Tribunal
Comments: The main electoral board shall include members who belong or have belonged to the judiciary.
Source: Constitution of Austria, Art. 26(6)
Verified: 2012/05/29
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Electoral Management

EM002

Responsibility of national EMB


Question:Does the national electoral body have the responsibility for elections at:
Answer(s): a. National level
Comments:
Source: Constitution: Art. 23, 26 & 60.
Verified: 2012/05/29
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EM004

EMB budget determined by


Question:The budget of the national electoral management body is determined by:
Answer(s): c. The legislature
Comments:
Source: Regulation on the Election of the Federal Council (1992).
Verified: 2012/05/29
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EM005

EMB expenditures controlled by


Question:The expenditures of the national electoral management body are controlled by:
Answer(s): c. The legislature
Comments:
Source: Regulation on the Election of the Federal Council (1992).
Verified: 2012/05/29
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EM006

Term of EMB members


Question:The term of the members of the national electoral management body is:
Answer: a. For the election period only
Comments: The electoral authorities shall be responsible for the organization and carrying out of the elections. They are re-constituted before each election.
Source: Constitution: Art. 26. Regulation on the Election of the Federal Council (1992) Art. 6(1)
Verified: 2012/05/29
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EM012

Electoral Management model


Question:What is the Electoral Management model?
Answer: a. Governmental
Comments:
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf)
Verified: 2012/05/29
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EM013

Number of EMB members


Question:The EMB is composed of:
Answer: e. Not applicable
Comments:
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf)
Verified: 2012/05/29
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EM014

Membership based on


Question:The EMB members/commissioners are selected on the basis of their:
Answer: d. Not Applicable
Comments:
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf)
Verified: 2009/10/29
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EM015


Question:The EMB members/commissioners are selected by:
Answer(s): j. Not Applicable
Comments:
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf)
Verified: 2012/05/29
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Voter Education

VE001

Information campaigns performed by


Question:Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s): a. National Electoral Management Body
h. Political parties/ candidates
i. Media
Comments:
Source:
Verified: 2012/05/29
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VE002

Frequency of voter education programs


Question:At the national level, how often are voter education programs conducted?
Answer: b. Election time only
Comments: The electoral authorities shall be responsible for the organization and carrying out of the elections. They are re-constituted before each election.
Source: Federal Law on the Election of the National Council (1992), Art.2 http://www.legislationline.org/documents/action/popup/id/6544
Verified: 2012/05/29
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VE003

National civic education


Question:Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s): a. No
Comments:
Source:
Verified: 2012/05/29
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Voter Registration

VR001

Voting age


Question:What is the legal voting age in the national elections?
Answer: a. 16
Comments: The age for election was decreased by each of the provinces from 18 to 16 individually, prompting a decrease in voting age federally.
Source: Official Website of the Austrian Parliament: http://www.parlament.gv.at/ENGL/PERK/PARL/DEM/WAHLEN/index.shtml
Verified: 2014/09/16
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VR002

Other voting requirements


Question:Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s): a. Citizenship
Comments: Those eligible to vote are above the age of 16 (depending on type of election) and those who have not been excluded by any court mandate.
Source: Constitution: Art. 26.
Verified: 2012/05/29
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VR004

Authority responsible for voter registration


Question:Which is the authority responsible for the registration of voters for national elections?
Answer: c. Local Government Authority
Comments: The electoral register will be drawn up by the Counties as part of their assigned sphere of competence
Source: Constitution: Art. 26. Law of the Registration of Voters (1973)
Verified: 2012/05/29
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VR008

Is it compulsory to be on the voters register?


Question:Is it compulsory to be on the voters register?
Answer: b. No
Comments: Voting was previously compulsory in Austria however it has been removed entirely as of 2003, with the 2010 Presidential election free of mandatory voting.
Source: http://aceproject.org/main/english/es/esc07a.htm
Verified: 2012/05/29
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Parties and Candidates

PC001

Registration requirements for parties (Chamber 1)


Question:What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s): a. Signature requirement (specify requirement)
Comments: The campaigning party must submit its election proposal to the provincial electoral authority with signatures from at least three members of the National Council or supported by qualified electors. The provincial constituencies vary on the number of signatures as follows: Burgenland and Vorarlberg: 100 Carinthia, Salzburg and Tyrol: 200 Upper Austria and Styria: 400 Lower Austria and Vienna: 500
Source: Federal Law on the Election of the National Council (1992), Art. 42
Verified: 2012/05/29
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PC003

Registration requirements for candidates (Chamber 1)


Question:What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s): a. Age
b. Citizenship
Comments: Eligible to be elected are all men and women who on the day sat as a deadline are Austrian citizens, were at least 19 years old on the 1st January of the year of the elections and who have not been deprived of their right to vote.
Source: Constitution, Art. 26 Regulation on the Election of the Federal Council (1992), Art. 41
Verified: 2012/05/29
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PC008

Independent candidates


Question:Can independent candidates compete in presidential or legislative elections?
Answer(s): f. No information available
Comments:
Source:
Verified: 2012/05/29
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PC012

Public funding of parties


Question:Do political parties receive direct/indirect public funding?
Answer(s): b. Direct
Comments: Each party represented in the National Council with at least five members minimum requirement for constituting a club) shall receive an annual basic amount determined by the Legislature.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns" Federal Act on the Functions, Financing and Election Campaigning of Political Parties, Section 2.
Verified: 2012/05/29
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PC015


Question:What is the basis of the public funding?
Answer(s): b. Based on result of previous election
c. Based on current legislative representation
Comments: Each party represented in the National Council with at least five members minimum requirement for constituting a club) shall receive an annual basic amount determined by the Legislature.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns" Federal Act on the Functions, Financing and Election Campaigning of Political Parties, Section 2.
Verified: 2012/05/29
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PC017


Question:Are political parties entitled to private funding?
Answer: b. No
Comments:
Source:
Verified: 2012/05/29
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Vote Counting

VC004

Votes are sorted/counted at


Question:Following the close of the voting, where are the votes first sorted and counted?
Answer: a. The polling stations
Comments:
Source: Federal Law on the Election of the National Council (1992), Art. 84
Verified: 2012/05/29
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VC011

When are ballots recounted?


Question:Under what conditions are ballots recounted?
Answer(s): e. Court order
Comments:
Source: Federal Law on Parliamentary Elections (1992), Art. 110 http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1992_471/ERV_1992_471.pdf
Verified: 2012/05/29
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Media and Elections

ME037

Criteria for allocating free broadcast time


Question:What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s): i. Not applicable
Comments:
Source: Federal Act on the Functions, Financing and Election Campaigning of Political Parties (1975), Art. 7
Verified: 2012/05/29
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ME059

Television debates


Question:Are televised debates between candidates or party representatives normally conducted?
Answer(s): a. Yes, in presidential elections
b. Yes, in legislative elections
Comments:
Source: Federal Act on the Functions, Financing and Election Campaigning of Political Parties (1975)
Verified: 2012/05/29
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ME062

Blackout period for release of opinion poll results.


Question:What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer: h. Not applicable
Comments:
Source: Federal Act on the Functions, Financing and Election Campaigning of Political Parties (1975)
Verified: 2012/05/29
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ME080


Question:Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer: c. No information available
Comments: There is no maximum amount listed however all use of finances must be reported to the Federal Commission for review and auditing. The Commission is formed and administered by the Ministry of the Interior.
Source: Federal Act on the Functions, Financing and Election Campaigning of Political Parties (1975)
Verified: 2012/05/29
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Direct Democracy

DD002

Direct Democracy Provisions (National Level)


Question:Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer: a. Yes
Comments: In case of a complete amendment of the Constitution, a mandatory referendum has to take place. Ad B.: There are two types of optional referenda: Volksabstimmung: a referendum on a bill passed by the lower chamber of the Austrian parliament (National Council): binding; or: Volksbefragung (public opinion polls): carried out before a bill passes the National Council: not binding.
Source: Constitution of Austria, Articles 43-46 http://www.servat.unibe.ch/icl/au00000_.html Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/29
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DD003

Mandatory referendums (national level)


Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: a. Yes
Comments:
Source: Art. 41, 43 & 60 B-VG, Art. 44, 45 & 46 B-VG, Volksbegehrengesetz 1973 (Law on Public Initiatives), Volksabstimmungsgesetz 1972 (Law on Referenda), Volksbefragungsgesetz 1989 (Law on Public Opinion Polls). Constitution of Austria, Articles 1-46 Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/29
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DD004

Optional referendums (national level)


Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: a. Yes
Comments:
Source: Art. 41, 43 & 60 B-VG, Art. 44, 45 & 46 B-VG, Volksbegehrengesetz 1973 (Law on Public Initiatives), Volksabstimmungsgesetz 1972 (Law on Referenda), Volksbefragungsgesetz 1989 (Law on Public Opinion Polls). Constitution of Austria, Articles 1-46 Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/29
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DD005

Citizens' Initiatives (national level)


Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: b. No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/29
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DD006

Agenda Initiatives (national level)


Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: a. Yes
Comments:
Source: Art. 41, 43 & 60 B-VG, Art. 44, 45 & 46 B-VG, Volksbegehrengesetz 1973 (Law on Public Initiatives), Volksabstimmungsgesetz 1972 (Law on Referenda), Volksbefragungsgesetz 1989 (Law on Public Opinion Polls). Constitution of Austria, Articles 1-46 Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/29
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DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: b. No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm Constitution of Austria, Articles 1-46
Verified: 2012/05/29
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DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: b. Sometimes binding
Comments: Bills which are called to referendum by the Lower House of Austrian Parliament are binding. Bills called to referendum in the National Council are non-binding.
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm Constitution of Austria, Articles 1-46
Verified: 2012/05/29
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DD130


Question:Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer: c. Both constitutional and other issues
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm Constitution of Austria, Articles 1-46
Verified: 2012/05/29
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DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: a. Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/29
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Voting Operations

VO003

Electors vote at


Question:Where can electors vote?
Answer(s): a. At a specified polling station in the locality where they are registered at national elections
f. By mail
Comments:
Source: Regulations on federal parliamentary elections (1992), Art. 38 http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1992_471/ERV_1992_471.pdf
Verified: 2012/05/29
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VO004

Voting outside the country is permitted for


Question:Who can vote from outside the country?
Answer(s): c. Citizens outside the country (including those on vacation)
Comments:
Source: Regulation on the Election of the Federal Council (1992), Art. 60
Verified: 2012/05/29
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VO005

Locations for voting outside of the country


Question:If voting outside the country is permitted, at what places?
Answer(s): a. Embassies
e. By mail
Comments:
Source: Regulation on the Election of the Federal Council (1992), Art. 60
Verified: 2012/05/29
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VO011

Voting method


Question:How do electors cast their votes?
Answer(s): a. Manually marking of ballots
Comments:
Source: Federal Law on Parliamentary Elections (1992), Art. 57 & 68 http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1992_471/ERV_1992_471.pdf
Verified: 2012/05/29
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