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State & Politics

Article 13 - Right to vote

Article 13

Right to vote

 

   (1) The right to vote in elections and other ballots is equal, and is exercised directly, in person, freely and secretly. An application for a postal vote is permissible if the eligible person anticipates being unable to cast his vote before the election authorities on the day of the vote or ballot.
   (2) Anyone who, on the qualifying date for the election or referendum, is a citizen of the State, has their principal residence within the voting area, is not disqualified from voting, and has reached the age of 16 on the day the election or referendum is held, is entitled to vote.
   (3) In the case of State Parliament elections, as well as petitions, referendums and consultations, excluding those on municipal matters, those Austrian nationals who were citizens of the State before they moved their principal residence abroad are also entitled to vote along with citizens of the State. This only applies if they moved their principal residence overseas no more than 10 years previously and their principal residence remains overseas.
   (4) In addition to citizens of the State, citizens of the European Union who are not Austrian nationals, shall also be entitled to vote for the election of the municipal council and the mayor, as well as in petitions, referendums and consultations on municipal matters.
   (5) Every citizens of the State entitled to vote who has reached the age of 18 on the day the election is held is eligible to stand for office. Citizens of the European Union who have completed their 18th year are also entitled to vote in municipal council elections.
   (6) The electoral system of proportional representation applies for all elections to representative bodies.
   (7) Disqualification from entitlement to vote or from eligibility for public office can only result from a court judgement. It can be established by law that individuals who have been resident for less than a year in the municipality shall not be entitled to vote or to stand for election to the municipal council and the election of the mayor if their residence in the municipality is manifestly temporary.

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