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Austria - Electoral Law
(Election to the European Parliament : 13 June 2004)

1. LEGAL BASIS
Constitutional law of the Austrian Federation (1929), as amended by Federal Law 1013 (1994), as well as the Law on Elections to the European Parliament (Law 117/96), as adopted on 21 January 1996 and amended by Federal Laws 201/96, 162/98, 90/03 and 132/03.
2. ELECTORAL SYSTEM
Proportional representation: at national level. Voters must vote for a list and may also vote for individual candidates on that list (preference voting). Each voter may vote only once.
Allocation of seats: d'Hondt method. The seat allocation is carried out at national level. Any list which has not obtained at least 4% of the total is excluded from the allocation of seats. Seats are allocated according to the number of votes per list.
3. REGISTRATION OF CANDIDATES
Deadline for registration: Not later than 37 days before the elections (7 May 04).
Deposit: None. Every list must pay 3.600,- EUR to the State for the cost of printing ballot papers.

Conditions: Any voter having reached the age of 19 at the latest on the day of the european elections and beeing supported by:

  • either 3 members of the national parliament
  • or an Austrian Member of the European Parliament
  • or 2600 registered voters.
Incompatibilities: Those laid down in the 1976 Act on Elections to the European Parliament. In addition, the office of MEP is incompatible with that of member of the Constitutional Court or the Administrative Court, President or Vice-President of the Court of Auditors, Ombudsman, director of a limited company, bank, commercial, industrial or private transport company, provincial credit establishment, medical insurance scheme or insurance company.
4. POLLING DAY : 13 JUNE 2004
Other elections on the same day: None.
Polling hours: set by local electoral authorities.
The count begins: immediately after each polling station has closed.
Final results: The first provisional results will be released during the night of 13 to 14 June. The final official results will be published three weeks later.
5. VOTING / STANDING FOR ELECTION
Right to vote: All EU citizens having reached the age of 18 on the day of the european elections and beeing in full possession of their voting rights in their Member State of origin may vote.
Voting is not compulsory.
Austrians resident abroad may vote using polling cards.
Right to stand for election: Any EU citizen having reached the age of 19 on the day of the european elections and beeing in full possession of his right to stand for election in his Member State of origin may stand.
6. ELECTION CAMPAIGN
Funding:
Official campaign starting date: None.

Media access: Newspapers: electoral material in newspapers must be paid for. Nationalised TV/radio: must be paid for.
Private TV/radio: no rules.

Opinion polls: No rules.