Home > 4.4 Departmental/provincial elections > AUSTRIA - Federal Law on the Election of the National Council (National Council Election Regulation 1992 – NRWO)
 
 
 
Download file    
 
 
Article 98
 

(1) The seats reserved to regional candidates of a party according to § 97 shall be allotted according to the provisions of al. 3 and 4.

(2) For this purpose the provincial electoral authority shall ascertain on basis of the authentic report on preferential votes of the district electoral authorities (§ 90 al. 2) and the ballots from the voting envelopes received according to §§ 60 al. 6 and 94 al. 3 and from the ballots sorted out according to § 94 al. 1 the total number of preferential votes cast for each one of the regional candidates of the party list elected in the regional constituencies of the provincial constituency listed on the ballot. § 91 applies accordingly. The result shall be recorded in an authentic report on preferential votes separately for each regional constituency.

(3) The order of sequence for the allotment of seats shall be that at first those regional candidates are to be considered who have at least half as many preferential votes as compared with the election quotient, or the sixth part of the preferential votes as this party has obtained valid votes in the respective regional constituency. The order of sequence of allotment of seats is determined by the order of sequence of preferential votes of each regional candidate, beginning with the highest total of preferential votes followed by the respective next lower total. In case regional candidates would have equal right to be allotted a seat, the sequence of the regional candidates indicated on the regional party list shall govern.

(4) Seats of a party which on basis of the preferential votes cannot be allotted at all or not fully to regional candidates, shall be allotted to the regional candidates in the order of sequence as they appear on the regional party list. In this connection regional candidates who have already gained a seat on basis of preferential votes shall not be taken into consideration.

(5) Regional candidates not elected shall be taken into consideration in case a seat of their list shall be vacated. In this case al. 3 and 4 shall be applied accordingly. In case the list is depleted due to death or because of candidates being deleted (§ 111 al. 4), further nominations shall be made in accordance with § 102 al.5.