Who may file a complaint?

Constitutional Court Act 1953 of the Republic ofAustria (VfGG 1953 last amended BGBl. I Nr. 51/2012 (NR: GP XXIV RV 1618 AB 1771 S. 155. BR: 8730 AB 8731 S.809.)

Article ?67. (1) Results of elections of the FederalPresident, elections to the general representative bodies, the EuropeanParliament, a constituent organ of a statutory association of professions(representative body), employers or employees or an executive organ of amunicipality (hereinafter named municipal executive) may be challenged on thegrounds of any alleged unlawfulness of the election procedure. The challengeshall contain the request to nullify the election proceeding or part of it, andspecify the reasons for the request.

(2) Challenging theelection to a Provincial Government requires a motion of one tenth of allmembers of the Provincial Parliament, in any case at least of two of itsmembers, challenging the election of a municipal executive requires the motionof one tenth of the members of the municipal council, in any case of at leasttwo of its members. Groupsof voters (political parties) who have submitted in due time election proposalsfor the challenged election with an electoral authority prescribed by theelection procedure are authorized to challenge the other elections as named inpara 1, and they can do so through their authorized recipient. If theelection procedure does not provide for any such submission of electionproposals, the authorization for challenging elections before theConstitutional Court is governed by the special regulations of such electionprocedures. A challenge ofan election may also be filed by such party intending to run in the electionclaiming that he had been unlawfully denied the right to run in the election.

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? 69. (1) In addition to the challenging party, all groups of voters(parties running in the election) shall be summoned to participate in thepublic oral hearing before the Constitutional Court which have been applicantsfor the challenged election, or other parties entitled to challenge theelection on the basis of the respective electoral regulation. The electoralauthority named in ? 68 para 2 may delegate a representative at its discretion.

(2) If the unlawfulness alleged in the challengeconsists in the fact that an ineligible person has been declared elected or an eligibleperson has been unlawfully declared ineligible, such person shall also besummoned to participate.

? 70. (1) The Constitutional Court shall allow achallenge filed if evidence of the alleged unlawfulness of the electionproceeding has been proved and such unlawfulness has affected the result of theelection. In the decision granted to the challenge the Constitutional Courtshall repeal either the complete election proceeding or parts of it to bespecifically defined.

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http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1953_85/ERV_1953_85.pdf