Local electoral law (Austria)
The municipal electoral law regulates the election of the municipal councilors and mayors of the municipalities in Austria . Taking into account the requirements of Art. 117 of the Federal Constitutional Act, it is regulated in the individual federal states by their own state laws.
Active right to vote in local elections
In order for a citizen in the community , the right to vote has, it must meet several criteria:
- He must have a point of contact with his main residence in the municipality . In some federal states, a secondary residence is sufficient.
- He must be an Austrian citizen or a citizen of an EU country.
- A citizen must have reached the age of 16 on the announced election day. In some federal states, the voting age is still set at 18 years of age. However, this will also be reduced in the course of the adjustments until spring 2008.
- There must be no other reasons for exclusion from the election (conviction, re-activation of the Nazi regime , temporary stay in the community, etc.).
If these requirements are met, he can be entered in the voter register.
Before every municipal council election, discussions flare up about the voting age and the right to vote of foreigners (including non-EU citizens) who have been in the municipality for a longer period of time.
Passive right to vote in local elections
The right to stand as a candidate is granted if the respective person has reached the age of 18 on the day of the election and the person's main residence is in Austria. In addition, there must be no other reasons for exclusion from the election (conviction, re-activation of the NS , temporary stay in the community, etc.). An Austrian or EU citizenship is sufficient for a candidacy in municipal council elections.
Special situation in Vienna
There is a special regulation in the municipality of Vienna ; Since there is a personal union between the municipal council and the legislative state parliament , non-Austrian EU citizens are not allowed to participate in this election. Nonetheless, EU citizens can vote for the district councils.