First instance body dealing with electoral disputes

FederalConstitutional Law – B – VG Federal Law Gazette (F.L.G = BGBL.01.03.2010) http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1930_1/ERV_1930_1.pdf

Article 10. The Federation has powers oflegislation and execution in the following matters:

1.The Federal Constitution, in particularelections to the National Council, and referenda as provided by the FederalConstitution; the Constitutional Court; the Administrative Court. […]

Art. 110. (1) The authorized recipient of a party has theright to object in writing tothe federal elections authority against the numerical calculations of aprovincial elections authority within three days after the announcement madeaccording to ? 105, para 1. Such an appeal can also be made against the resultscomputed by the federal elections authority in accordance 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.

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