Functioning of Electoral Management Bodies – Austrian Experiences Gregor Wenda

1. Functioning of Electoral Management Bodies – Austrian Experiences Gregor Wenda Federal Ministry of the Interior Austria Brussels, 30 March 2015 Shutterstock/Montage: E&L

2. Republic of Austria Democratic republic (Federal President is head of state) Federal Parliament (bi-cameral = National Council & Federal Council) Approx. 84,000 km² 8,4 million inhabitants. 9 autonomous provinces (states) 2,102 municipalities Introduction to Austria

3. e.g. Central e.g. Electoral e.g. Ministry Election Council & of Justice Commission Ministry of Int. Types of EMBs(according to IDEA) Independent Mixed Governmental

4. Federal Electoral Board (Commission) & Federal Ministry of the Interior Types of EMBs(according to IDEA) AUSTRIA Mixed

5. Monarchy times: Administrative offices aided by election “commissioner” & commission – strong political influence by administration, limited competencies of commissions New Republic (1918/19): Dual system kept but “turned around” –Election “boards” (not “commissions”) are put in charge (multi-partisan bodies to ensure “highest degree of neutrality”, major decisions taken by them) – administrative/political authorities assist new boards The Dual System of EMBs (1)

6. Election board and administrative “backbone” Federal Constitution: Legal basis for electoral boards (commissions) and link to administration Established on all levels of government(federal, provincial, district, municipal) Country’s federalist structure mirrored in the structure of EMBs (boards and administrative authorities) The Dual System of EMBs (2)

7. Daily work usually done by administrative authority on this level of government (Federal Ministry, Provincial Governor’s Office, District Office, Municipality) Electoral boards (commissions) formally chaired by a political/administrative representative (Minister, Governor, District Chief, Mayor) Chairs are often represented by a public official; no influence in votes when board is fully present (uneven number) The Dual System of EMBs (3)

8. Electoral Boards (Commissions) FEDERAL ELECTORAL BOARD (1) PROVINCIAL ELECTORAL BOARDS (9) DISTRICT ELECTORAL BOARDS (117) MUNICIPAL ELECTORAL BOARDS (2,102) PRECINCT / SPECIAL ELECTORAL BOARDS PRECINCT ELECTION BOARDS (over 11,000)

9. Electoral Boards (Commissions) FEDERAL ELECTORAL BOARD 17 Members + 1 Chair (15 party members, 2 judges) (1) PROVINCIAL ELECTORAL BOARDS 9 Members + 1 Chair (9) DISTRICT ELECTORAL BOARDS 9 Members + 1 Chair (117) MUNICIPAL ELECTORAL BOARDS 9 Members + 1 Chair (2,102) PRECINCT / SPECIAL ELECTORAL BOARDS PRECINCT ELECTION BOARDS 3 Members + 1 Chair (over 11,000)

10. Electoral Boards and Administrative EMBs FEDERAL ELECTORAL BOARD Federal MinistryoftheInterior – ElectoralAffairsDept. 17 Members + 1 Chair (15 party members, 2 judges) (1) PROVINCIAL ELECTORAL BOARDS ProvincialGovernor‘sOffice – ElectoralAffairs Unit 9 Members + 1 Chair (9) DISTRICT ELECTORAL BOARDS 9 Members + 1 Chair DistrictChief‘sOffice – Administrative Unit (117) MUNICIPAL ELECTORAL BOARDS 9 Members + 1 Chair Municipality‘s Office (2,102) PRECINCT / SPECIAL ELECTORAL BOARDS PRECINCT ELECTION BOARDS 3 Members + 1 Chair (over 11,000)

11. Election boards permanent but convene when necessary – “daily business” run by administrative “back office” Less permanent personnel needed EMBs are considered “special legal bodies” – no regular administrative laws (deadlines, formal rules) applicable, Constitutional Court is the exclusive guardian High number of local election boards (polling stations) on election day – at least 1 per municipality, 11,000 in total No public access to boards (counting) by “everyone” but all campaigning parties and election observers allowed The Dual System of EMBs (4)

12. Polling Stations ”Who is who“ at the polling station Composition of a Precinct Electoral Board Electoral witnesses Person of trust Three assessors Chair Max. two for each party not repr. in NC: Consultations, no right to vote Max. two per campaigning party Nominated by the parties. Distribution according to the last National Council election Appointed by the mayor Ballot box Not sealed, prevention of manipulation is mutual control of the members Tasks of the polling station Determine the identity of voters Voting procedure Voting booth Counting votes Blinds, blotting pad, writing utensil Report results to the electoral board of the municipality

13. Electoral boards: Major decisions in the electoral cycle Administrative authorities:Preparations for electoral boards, information, manuals, training, … The Dual System of EMBs – Who is doing what?

14. The Dual System of EMBs – Who is doing what? Federal MinistryoftheInterior Federal Electoral Board • Review of party/candidate lists • Admission of parties/candidates • (Final ballot sheets) • Handling objections against figures ascertained • Final results • Statements in Constitutional Court proceedings

15. The Dual System of EMBs – Who is doing what? Federal MinistryoftheInterior Federal Electoral Board • Secretariat work (daily administration, invitation to meetings, minutes, …) • Co-ordination (national, international) • Public information (call center, correspondence, ads, …) • Voter education • Printing matters (with provinces) • Training manuals & meetings • Preliminary results (collected) • Review of party/candidate lists • Admission of parties/candidates • (Final ballot sheets) • Handling objections against figures ascertained • Final results • Statements in Constitutional Court proceedings

16. Training Meeting with Provincial & County authorities

17. Call Center beforeelections

18. Internet Presentation (accessible via WWW)

19. Provincial Level: Receipt of electoral proposals, some printing matters, distribution of Ministry info, counting process for preliminary results, information and training for subordinate levels District Level: Distribution and publication of Ministry info, information and training for subordinate level, counting process for preliminary results, recording postal ballots (NOT counting!) Municipal Level: Election register, voting cards, polling stations, opening hours, prohibition zones, counting process for preliminary results, … Role of administrative EMBs on other levels

20. Very detailed laws (one act for each type of electoral event) – no “law-making” competence of commissions No explicit budget (but: high degree of flexibility) Exclusive role of Constitutional Court for remedies No rules of procedure in the Federal Electoral Board (often consensus driven) No campaign financing oversight (other bodies in charge) Many decisions are “local“ (opening hours, polling stations, ballot boxes, booths, …) – subsidiarity allows for local peculiarities Austrian Peculiarities

21. Voting booth and ballot box (samples – Vienna)

22. Dual system of EMBs in Austria is well-established (approx. 100 years) Full transparency and independence due to clear separation of roles (crucial decisions taken by boards; daily routines, information and training by administrative EMBs) OSCE NAM Report (before 2013 parliamentary elections): “Full confidence in the work of election administration“ noted Conclusions

23. Contact: Gregor Wenda Deputy Head of Department III/6 Electoral Affairs c/o Federal Ministry of the Interior Republic of Austria gregor.wenda@bmi.gv.at www.bmi.gv.at/wahlen Thank You forYour Attention!