First instance body dealing with electoral disputes

OSCE/ODIHR Needs AssessmentMission Report 29-30 2013, Parliamentary Elections Republic of Austria 29 September2013; Warsaw 29 May, 2013

“The complaints and appealsprocess is regulated by the Constitution, the Constitutional Court Law and theParliamentary Elections Law. There are few formal procedures for the submissionof complaints to election administration bodies and, in general, complaints canonly be resolved after the announcement of final results. The Constitutional Courtcannot initiate complaint proceedings ex officio.”

http://www.osce.org/odihr/elections/102068

FederalConstitutional Law – B – VG Federal Law Gazette (F.L.G = BGBL.01.03.2010)

Art. 141. (1) The Constitutional Court pronounces upon

a) challenges to the election of the Federal President and elections to the general representative bodies, the EuropeanParliament and the constituent authorities (representative bodies) of statutoryprofessional associations; [...]

http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1930_1/ERV_1930_1.pdf

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 ofthe Federal President, electionsto the general representative bodies,[refers to National Council] theEuropean Parliament, a constituent organ of a statutory association ofprofessions (representative body), employers or employees or an executive organof a municipality (hereinafter named municipal executive) may be challenged onthe grounds of any alleged unlawfulness of the election procedure. Thechallenge shall contain the request to nullify the election proceeding or partof it, and specify the reasons for the request.

 […]

The law which regulates the implementation of the general elections andalso the relevant registration (Nationalrats-Wahlordnung 1992) lays out whatparties have to do, and how the Electoral Commission has to deal withviolations of these requirements (e.g. one candidate on two lists). So in asense it deals with disputes between parties, yet this is not a 'firstinstance'. It is simply an authority applying rules.In order to challengethe decision of the electoral commission, one has to go the constitutionalcourt.

Hence, giventhat neither the Regulationson National Council Elections 1992 nor the Constitutional Court Act or the FederalConstitutional Law give specification on an electoral dispute resolutionmechanism regarding candidate registration and nomination, we can take theConstitutional Court as the first and last instance electoral disputeresolution body. (Indicated in the OSCEreports, OSCE/ODIHRElection Assessment Mission Report Republic of Austria Presidential Elections25 April, 2010; Warsaw 9 July, 2010 http://www.osce.org/odihr/elections/69071;OSCE/ODIHR Needs Assessment Mission Report29-30 April 2013, Parliamentary Elections Republic of Austria 29 September 2013;Warsaw 29 May, 2013  http://www.osce.org/odihr/elections/102068)