First instance body dealing with electoral disputes

OSCE/ODIHR Election Assessment MissionReport Republic of Austria Presidential Elections 25 April, 2010; Warsaw 9July, 2010

“Following the declaration of Ulrich Habsburg-Lothringen, a member of aformer ruling family, to run for office as an independent candidate, adiscussion ensued about a constitutional provision that prohibits members ofthe former ruling family to run for office and about whether this restrictioncontinues to be justified in contemporary Austria. He complained about theclause to the ConstitutionalCourt in September 2009, but was told that he would first need to havehis application rejected by the FEB before lodging a complaint. The Green Partyhas submitted a proposal in parliament to amend the constitution, but it hasnot received the necessary support. According to press reports, all parties inparliament are in favor of such an amendment but some feel further debate isneeded. According to Dr Habsburg-Lothringen the constitutional ban on formerruling families denies candidacy to some 1,000 individuals in Austria.”

http://www.osce.org/odihr/elections/69071

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.

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