Number of levels of adjudication

Regulationon National Council Elections 1992, Republic of Austria (BGBl. Nr. 471/1992 (NR: GP XVIII RV 180 AB 601 S.78. BR: 4335 AB 4306 S. 557.), Last amended 2013

http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1992_471/ERV_1992_471.pdf

Art. 110. (1) The authorized recipient of a party has theright to object in writing to the federal elections authority against thenumerical calculations of a provincial elections authority within three daysafter the announcement made according to ? 105, para 1. Such an appeal can alsobe made against the results computed by the federal elections authority inaccordance with ? 108, para 4,within three days after the announcement was made.

(2) The objection has topresent credible evidence as to why and to what extent the results computed bythe provincial elections authority or the federal elections authority are notin compliance with the provisions of this federal law. If the reasoning ismissing, the objection may be rejected without further examination.

(3) If the objectioncontains sufficient prima facie evidence, the federal elections authority hasto check the election result, on the basis of the records available to it. Ifthese documents establish that the computed result is incorrect, the federalelections authority has to immediately correct the result in question revokethe announcement of the provincial elections authority and the federalelections authority and announce the correct result.

(4) If the check reveals noreason to correct the computed results, the federal elections authority is toreject the objection.

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

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

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.

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(3) If the challenge of theelection is based on the unlawfulness of a ruling and a suspension of theenforcement of the ruling contested does not give reason for a substantialdisadvantage, the Constitutional Court may, upon request, decide that thechallenge has suspensive effect. If the Constitutional Court is not in session,the president shall decide upon a motion of the reporter.

? 68. (1) The challenge of the election must be filed within four weeks aftertermination of the election proceeding, if however the respectiveelectoral law provides for appeals, within four weeks after service of theruling issued in the last stage of appeal. If such ruling makes reference todocuments submitted as evidence, counterparts, copies or photocopies of suchdocuments shall be en- closed with the challenge of the election.

(2) The ConstitutionalCourt shall send one copy of the challenge filed to the supreme electoralauthority in charge in accordance with the electoral regulation applicable,with the order to submit the electoral files within a given time. Thiselectoral authority is free to submit a reply at the latest when submitting theelectoral files.

? 69. (1) In addition to the challenging party, all groups of voters (partiesrunning in the election) shall be summoned to participate in the public oralhearing before the Constitutional Court which have been applicants for the challengedelection, or other parties entitled to challenge the election on the basis ofthe respective electoral regulation. The electoral authority named in ?68 para 2 may delegate a representative at its discretion.

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