(1) Candidates who have not been elected or who have not accepted an election won by them as well as such candidates who have accepted their seat but have resigned later, remain on the party list (regional party list, provincial party list, federal party list) as long as they have not expressly requested to be deleted from the party list (al. 4). If a Member of the Federal Government, an Undersecretary of State or a Member of the European Parliament delegated by the National Council resigns from his seat as a Member of the National Council, a candidate not elected shall be nominated for this seat from the respective party list. After retiring from the office or from the European Parliament, in cases of art. 71 of the Federal Constitutional Law in the wording of 1929 after having been relieved from the duty to continue the administration, such candidates shall be re-offered the seat by the respective electoral authority, unless they renounce within eight days to re-exercise their office. In this way a candidate, who steps in on the seat of the temporarily resigning Member of the National Council – however if another member who is a candidate of the respective party list has declared before his appointment to the respective electoral authority to be willing to step in on the seat of the temporarily resigning Member, it will be he - shall again become a not elected candidate of the respective party list, as long as he has not expressly requested to be deleted from the list (al. 4). If there are several such statements, the statement of the Member of the National Council, who was the last one to submit it, shall be the valid one.
(2) Candidates of provincial election proposals, who have not been elected, shall be appointed by the provincial electoral authority, not elected candidates of federal election proposals by the federal electoral authority. In this case the order of sequence of their appointment for not elected regional candidates is determined according to § 98 al. 5, for not elected candidates of provincial party lists according to § 102 al. 5, and for not elected candidates of federal election proposals according to the order of sequence in the federal party list. If a candidate to be appointed in this manner had already been elected in a regional or provincial constituency or on a federal election proposal, he shall be requested by the electoral authority, intending to appoint him, to declare within eight days, for which election proposal he will decide. If no such declaration is received within this term, the electoral authority shall decide. The electoral authorities concerned by the decision shall be informed of it. The name of the definitely appointed candidate shall be announced in the usual official manner and, in case of an appointment of a candidate of a provincial election proposal, the federal electoral authority shall be informed immediately in order to be able to issue an election certificate.
(3) If a candidate to be considered nominated for a vacated seat refuses to be appointed, he still retains his position on the party list.
(4) A candidate on a provincial election proposal can at any time request the provincial electoral authority, and a candidate on the federal election proposal can request the federal electoral authority to delete him from the list. The electoral authority shall publicly announce such a deletion.
