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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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2017/11/16
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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments:
Source:
Verified: 2017/11/16
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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source:
Verified: 2017/11/16
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
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
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
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
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
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
j . By appointment
Comments:
Source: Constitution, Art. 34
Verified: 2003/09/12
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level c . Regional/provincial level
Comments: Elected directly in general elections for a period of five years.
Source: The Austrian Parliament.
Verified: 2003/06/11
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
c . Regional or provincial level
Comments:
Source: Constitution, Art. 34-
Verified: 2003/09/12
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source: The Austrian Parliament
Verified: 2003/06/11
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source:
Verified: 2003/06/11
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: 4%
Source: Regulation on the Election of the Federal Council(1992), paragraph 100.
Verified: 2003/09/12
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2003/06/11
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2003/06/11
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2003/06/11
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length)
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/06/11
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Verified: 2017/07/07
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source: Regulation on the Election of the Federal Council (1992).
Verified: 2003/09/12
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
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
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
a . Presidential elections are not held on the same day as national legislative elections
Comments:
Source: Constitution, Art 60.
Verified: 2003/06/11
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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
f . Political Party
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
b . Parties
Comments:
Source: Regulation on the Election of the Federal Council (1992), paragraph 6-
Verified: 2003/09/12
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments:
Source: Constitution, Art 26.
Verified: 2003/06/11
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
d . Specially Appointed Committee
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
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
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
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
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
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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
b . Legislative appointment
Comments:
Source: Regulation on the Election of the Federal Council (1992), paragraph 6-
Verified: 2003/09/12
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
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
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
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
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
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
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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
g . Internet
Comments:
Source:
Verified: 2003/06/11
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
g . Internet
Comments:
Source:
Verified: 2003/06/11
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled
Comments:
Source:
Verified: 2003/06/11
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
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
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
VR005
Question: What is the registration method for national elections?
Answer:
a . National citizens register
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments:
Source: Law of the Registration of Voters (1973)
Verified: 2003/09/12
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
b . Links to police records of residence
Comments:
Source: Law of the Registration of Voters (1973)
Verified: 2003/09/12
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
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
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
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship
Comments:
Source: Constitution, Art. 60
Verified: 2003/06/11
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration
Comments:
Source: Constitution, Art. 26
Verified: 2003/06/11
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
a . Current criminal incarceration
Comments:
Source: Constitution, Art. 26 and 60
Verified: 2003/06/11
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/06/11
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/06/11
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments: Signature requirement: 6.000
Source: Constitution, Art. 60
Law on the Election of the Federal President(1971)
Verified: 2006/11/15
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments:
Source:
Verified: 2003/06/11
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2003/06/11
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments:
Source:
Verified: 2003/06/11
PC017
Question: Are political parties entitled to private funding?
Answer:
b . No
Comments:
Source:
Verified: 2012/05/29
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
d . Not Applicable
Comments:
Source:
Verified: 2003/06/11
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2003/06/11
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2003/06/11
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/06/11
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
a . Single ballot (all registered parties listed) e . Ability to vote for candidates within parties (personal vote) g . Different ballots used in different constituencies l . No photos or logos, only party and/or candidate names
Comments:
Source: Regulation on the Election of the Federal Council (1992)
Verified: 2009/08/12
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
Source:
Verified: 2009/08/12
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
a . Single ballot (all registered parties/candidates listed) d . Categorical (only possible to make one mark) f . Same ballot papers used nation-wide l . No photos or logos, only party and/or candidate names m . Organized alphabetically
Comments:
Source:
Verified: 2009/08/12
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
d . Number of ballots in box reconciled against number of voters e . Number of ballots reconciled against ballots initially received (minus spoilt and unused) l . Counted by hand m . Sorted by party list p . Copies of results of the count are publicly posted at the counting site immediately on the completion of the count q . Copies of results are provided to observers
Comments:
Source:
Verified: 2009/08/12
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
a . Polling centre (several polling stations in same building) d . Regional level (specify whether it is constituency/ province/ state/ department/other) e . National level
Comments:
Source:
Verified: 2009/08/12
VC007
Question: At what levels are seats allocated?
Answer(s):
a . Sub-district level b . District level c . Regional level (specify whether it is constituency/ province/ state/ department/other) d . National level
Comments:
Source:
Verified: 2009/08/12
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
b . By telephone c . By fax f . By computer
Comments:
Source:
Verified: 2009/08/12
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2009/08/12
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2009/08/12
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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2009/08/12
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties
Comments:
Source:
Verified: 2009/08/12
VC014
Question: If recounted, who conducts the recount?
Answer(s):
a . National Election Management body
Comments:
Source:
Verified: 2009/08/12
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source:
Verified: 2009/08/12
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
c . weeks:
Comments: After 3 weeks.
Source:
Verified: 2009/08/12
Media and Elections
ME001
Please provide information about the person completing the questionnaire.
Name and Title: MinRat Mag. Robert STEIN
Job Title: Head of Department III/6 (Electoral affairs)
Organisation: Federal Ministry of the Interior
Contact Address: Herrengasse 7, A-1014 Wien
Telephone: +43 1 53126 DW 2051
Facsimile: +43 1 53126 2110
Email: [email protected]
Source
No Source
Verified
2009/08/12
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/09
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/09
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned
Comments: The "Wiener Zeitung" which also serves as the official Austrian Gazette in many aspects is a hundred per cent owned by the Republic of Austria, represented by the Federal Chancellor.
Source:
Verified: 2005/06/09
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments:
Source:
Verified: 2005/06/09
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/09
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/09
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments:
Source:
Verified: 2005/06/09
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/09
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source:
Verified: 2005/06/09
ME016
Question: In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
Answer(s):
a . Public radio d . Public television
Comments: Public television is ranked first, public radio second.
Source:
Verified: 2005/06/09
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments:
Source:
Verified: 2005/06/09
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
b . Private companies
Comments:
Source:
Verified: 2005/06/09
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/09
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
d . No regulation
Comments:
Source:
Verified: 2005/06/09
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/09
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/06/09
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/09
ME030
Question: What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
Answer(s):
a . Criminal prosecution
Comments: Reports by the media that constitute a criminal offence (e.g. defamation) entail criminal prosecution.
Source:
Verified: 2005/06/09
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
b . No
Comments:
Source:
Verified: 2005/06/09
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
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
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2005/06/09
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/09
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/09
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments: The Austrian election law does not provide for individual candidates running for national elections. In theory, however, a party submitting an election proposal with only one person possible.
Source:
Verified: 2005/06/09
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
g . Not regulated: based only on the amount the candidate wishes to spend
Comments:
Source:
Verified: 2005/06/09
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/06/09
ME051
Question: Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/10
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/10
ME053
Question: Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2005/06/10
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
g . Not regulated: based only on the amount the candidate wishes to spend
Comments:
Source:
Verified: 2005/06/10
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
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
g . None
Comments:
Source:
Verified: 2005/06/10
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
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
e . Other (specify)
Comments: Due to the fact that there is no uniform closing time for Austrian polling stations, exit polls are rarely carried out. Besides, institutes and organizations doing empirical social research usually have quick access to partial preliminary results.
Source:
Verified: 2005/06/10
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
a . Before all polls close
Comments: In Austria there is no legal provision governing the publishment of exit poll results.
Source:
Verified: 2005/06/13
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
a . Before all polls close
Comments: There is no legal provision prohibiting the media to report preliminary election results. In practice, the Austrian mass media concluded a voluntary agreement not to publish any election results before the closing of the last Austrian polling station.
Source:
Verified: 2005/06/13
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/06/13
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
d . No one with full-time responsibility for media work
Comments: In practice, media work is primarily done by the Head of the Department of Electoral Affairs in the Federal Ministry of the Interior (in accordance with the federal Electoral board).
Source:
Verified: 2005/06/13
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/13
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
e . Web site
Comments: Election results are published on the website of the Federal Ministry of the Interior by order of the Federal Electoral Board. In addition, a data transmission between the communications center of the Federal Ministry of the Interior and the mass media is launched on behalf of the Federal Electoral Board.
Source:
Verified: 2005/06/13
ME070
Question: Has the EMB provided or facilitated training for journalists in how the electoral process works?
Answer:
b . No
Comments: A great deal of information is given to journalists by the Department of Electoral Affairs in the Federal Ministry of the Interior, either by answering individual requests or by disseminating specific material electronically.
Source:
Verified: 2005/06/13
ME071
Question: Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: Free broadcast or print space for the Electoral Board is not provided for. However, the mass media usually take up relevant press releases by the Office of the Federal Minister of the Interior.
Source:
Verified: 2005/06/13
ME072
Question: Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: Free broadcast or print space for the Electoral Board is not provided for. However, the mass media usually take up relevant press releases by the Office of the Federal Minister of the Interior.
Source:
Verified: 2005/06/13
ME073
Question: Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: Free broadcast or print space for the Electoral Board is not provided for. However, the mass media usually take up relevant press releases by the Office of the Federal Minister of the Interior.
Source:
Verified: 2005/06/13
ME074
Question: Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: To date, the Federal Electoral Board has never used any paid broadcast or print space for voter campaigns or any such information. On certain occasions, the Federal Minister of the Interior put advertisements into newspapers for general information purposes of the electorate.
Source:
Verified: 2005/06/13
ME075
Question: Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: To date, the Federal Electoral Board has never used any paid broadcast or print space for voter campaigns or any such information. On certain occasions, the Federal Minister of the Interior put advertisements into newspapers for general information purposes of the electorate.
Source:
Verified: 2005/06/13
ME076
Question: Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
Answer(s):
b . Government owned
Comments: To date, the Federal Electoral Board has never used any paid broadcast or print space for voter campaigns or any such information. On certain occasions, the Federal Minister of the Interior put advertisements into newspapers for general information purposes of the electorate.
Source:
Verified: 2005/06/13
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
Direct Democracy
DD001
Please provide information about the person completing the questionnaire.
Name and Title: MinRat Mag. Robert Stein
Job Title: Head of Department III/6 (Electoral Affairs)
Organisation: Federal Ministry of the Interior, Republic of Austria
Contact Address. Herrengasse 7, A-1014 Wien
Telephone: 43 1 53126 DW 2051
Facsimile: 43 1 53126 2110
Email: [email protected]
Source
No Source
Verified
2009/10/27
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
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
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
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
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
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
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Art. 41, 43 & 60 B-VG, Art. 44, 45 & 46 B-VG, Volksbegehrengesetz 1973, Volksabstimmungsgesetz 1972, Volksbefragungsgesetz 1989.
Verified: 2005/04/26
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Art. 41, 43 & 60 B-VG, Art. 44, 45 & 46 B-VG, Volksbegehrengesetz 1973, Volksabstimmungsgesetz 1972, Volksbefragungsgesetz 1989.
Verified: 2005/04/26
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/04/26
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2009/08/12
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
a . All signatures checked
Comments:
Source:
Verified: 2009/08/12
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
a . All signatures checked
Comments: a. NOTE: ONLY APPLIES TO AGENDA INITIATIVE.
A supporting signature can only be validly submitted before the electoral board of a municipality.
Source: § 10 Volksbegehrengesetz 1973.
Verified: 2005/05/19
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
c . Local authorities
Comments:
Source: § 10 Volksbegehrengesetz 1973.
Verified: 2005/04/27
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Art. 41, 43 & 60 B-VG, Art. 44, 45 & 46 B-VG, Volksbegehrengesetz 1973, Volksabstimmungsgesetz 1972, Volksbefragungsgesetz 1989.
Verified: 2005/04/26
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/04/26
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
a . Yes
Comments: There is neither a specific authorization nor a concrete prohibition by law.
Source:
Verified: 2005/04/27
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments:
Source: Art. 26 B-VG.
Verified: 2005/04/26
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source: Art. 26 B-VG.
Verified: 2005/04/26
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/26
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
b . Yes, in some regions/states/provinces
Comments: Detailed regulations come under the law-making authority of the federal provinces and are to be laid down in the respective Provincial Constitution. They vary from province to province; an in-depth presentation of said provisions would exceed the scope of this questionnaire.
Source: Provincial Constitutional Law (Austria numbers nine provinces = Länder, each with their own constitution).
Verified: 2005/04/26
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/26
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
b . Yes, in some regions/states/provinces
Comments: Detailed regulations come under the law-making authority of the federal provinces and are to be laid down in the respective Provincial Constitution. They vary from province to province; an in-depth presentation of said provisions would exceed the scope of this questionnaire.
Source: Provincial Constitutional Law (Austria numbers nine provinces = Länder, each with their own constitution).
Verified: 2005/04/26
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/26
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/26
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments: Detailed regulations come under the law-making authority of the federal provinces and are to be laid down in the respective Provincial Constitution. They vary from province to province; an in-depth presentation of said provisions would exceed the scope of this questionnaire.
Source: Provincial Constitutional Law (Austria numbers nine provinces = Länder, each with their own constitution).
Verified: 2005/04/26
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/26
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments: Detailed regulations come under the law-making authority of the federal provinces and are to be laid down in the respective Provincial Constitution. They vary from province to province; an in-depth presentation of said provisions would exceed the scope of this questionnaire.
Source: Provincial Constitutional Law (Austria numbers nine provinces = Länder, each with their own constitution).
Verified: 2005/04/26
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/26
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments c . Transfer of authority to international bodies d . National sovereignity, national self-determination
Comments: The only compulsory prerequisite of a referendum is a complete amendment (Gesamtänderung) of the Federal Constitution that has been passed by the Federal Parliament. A complete amendment is on hand when certain articles or basic principles (partly merely defined by the judiciary or legal doctrine) of the constitution are affected.
Source:
Verified: 2005/04/26
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
a . Constitutional amendments b . Adoption of international treaties e . Conflict between constitutional organs f . Devolution g . Civil service h . Taxes and public expenditure commitments i . Other public policy issues
Comments: In principle, every parliamentary decision can become subject to a referendum.
Source:
Verified: 2005/04/26
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
d . Legislative majority
Comments:
Source: Art. 43 B-VG.
Verified: 2005/04/26
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
d . Legislature
Comments: The form of the referendum question is defined by law. The electorate is asked whether a certain bill should come into force or whether a Federal President should be removed from office.
Source: Art. 43 & 46 B-VG, § 9 Volksabstimmungsgesetz 1972.
Verified: 2005/04/26
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
d . Legislature
Comments: The form of the referendum question is defined by law. The electorate is asked whether a certain bill should come into force or whether a Federal President should be removed from office.
Source: Art. 43 & 46 B-VG, § 9 Volksabstimmungsgesetz 1972.
Verified: 2005/04/26
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
b . The numbers of the articles or paragraphs of the legal instruments to which changes are proposed
Comments:
Source: See answer to question B.6.1.
Verified: 2005/04/26
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
b . The numbers of the articles or paragraphs of the legal instruments to which changes are proposed
Comments:
Source: See answer to question B.6.2.
Verified: 2005/04/26
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
b . Independent electoral commission
Comments:
Source: § 9 Volksabstimmungsgesetz 1972.
Verified: 2005/04/26
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
b . Independent electoral commission
Comments:
Source: § 9 Volksabstimmungsgesetz 1972.
Verified: 2005/04/26
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source: Art. 45 B-VG.
Verified: 2005/04/26
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source: Art. 45 B-VG.
Verified: 2005/04/26
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments: Note that there is an additional category of a referendum, the so-called Volksbefragung, which is not binding. See comment under A.1.1.
Source: Art. 41 ff B-VG.
Verified: 2005/04/26
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments: Note that there is an additional category of a referendum, the so-called Volksbefragung, which is not binding. See comment under A.1.1.
Source: Art. 41 ff B-VG.
Verified: 2005/04/26
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/04/26
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
a . Constitutional amendments
Comments: The German term for this initiative is Volksbegehren (Public Initiative). Detailed regulations are laid down in a specific Law on Public Initiatives (Volksbegehrengesetz of 1973).
Source: Art. 41 Abs. 2 B-VG, Volksbegehrengesetz 1973.
Verified: 2005/04/26
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
b . Adoption of international treaties c . Transfer of authority d . National sovereignty, national self-determination e . Conflict between constitutional organs f . Devolution i . Other public policy issues j . Other (specify)
Comments:
Source: Art. 41 Abs. 2 B-VG.
Verified: 2005/04/26
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/04/26
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments: For the introduction of a Public Initiative, a total number of 8,032 personal declarations of support, each of them authenticated by the competent municipality, are required.
Source: § 3 Abs. 2 Volksbegehrengesetz 1973.
Verified: 2005/04/26
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
b . General explanation of purpose
Comments: The additional submittal of a short title for the initiative is usual but not compulsory.
Source: Art. 41 Abs. 2 B-VG.
Verified: 2005/04/26
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/04/26
DD053
Question: Who determines the title of an agenda initiative?
Answer:
a . Proponents of the initiative
Comments:
Source: § 3 Abs. 3 Volksbegehrengesetz 1973.
Verified: 2005/04/27
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
g . Other (specify)
Comments: Only a matter to be settled by federal law can be the subject of a Public Initiative. Within this framework, however, every text is possible.
Source: Art. 43 B-VG; § 3 Abs. 1 Volksbegehrengesetz 1973.
Verified: 2005/04/27
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
a . An automatic check is part of the initiative process
Comments: Upon receipt of the application to launch a public initiative, the Federal Minister of the Interior examines whether the prerequisites of the initiative are fulfilled. Especially the question whether the issue of the public initiative be a matter to be settled by federal law requires ultimate attention.
Source:
Verified: 2005/04/27
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
f . Other (specify)
Comments: Please see comment under C.8.1.
Source:
Verified: 2005/04/27
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
e . Other (specify)
Comments: Such a check or examination takes place after the application to launch the initiative was submitted and accompanied by a minimum of 8,032 declarations of support. In order to score successfully, a public initiative requires a total of 100,000 signatures of voters (including the declarations of support).
Source: See above.
Verified: 2005/04/27
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
d . Not at all
Comments:
Source:
Verified: 2005/05/19
DD063
Question: Who decides the final ballot text?
Answer(s):
a . Proponents of the initiative
Comments:
Source: § 3 Abs. 3 Volksbegehrengesetz 1973.
Verified: 2005/04/27
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
a . Within a certain time limit (specify)
Comments: The registration period of 8 days is fixed by the Federal Minister of the Interior within a time frame of eight weeks (at the earliest) to six months (at the latest) after granting the application.
Source:
Verified: 2005/04/27
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
a . Fixed time period (specify)
Comments: In general, the time span for collecting signatures (Eintragungszeitraum) has to be eight days with the last day neither being a Saturday nor Sunday. In case of a public holiday during the given signing period, the time span has to be prolonged accordingly.
Source: § 5 Volksbegehrengesetz 1973.
Verified: 2005/05/19
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
d . None
Comments: Every individual enjoying the right to vote is registered automatically.
Source:
Verified: 2005/05/19
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
b . At specified places
Comments: Every Austrian municipality is to maintain at least one registration station (run by the competent electoral board) within their confines. The same goes for each of Viennas 23 districts.
Source: § 9 Volksbegehrengesetz 1973.
Verified: 2005/05/19
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
a . Signatories must provide identity/voting card number
Comments:
Source: § 10 Volksbegehrengesetz 1973.
Verified: 2005/05/19
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/04/27
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/04/27
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
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
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
Voting Operations
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments:
Source:
Verified: 2003/06/11
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
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
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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
Source:
Verified: 2003/06/11
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2003/06/11
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2003/06/11
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments:
Source: Regulation on the Election of the Federal Council (1992)
Verified: 2003/09/12
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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