Constitutional lawyer Karl Stöger of the University of Vienna sees good opportunities in a possible challenge to the election of Johanna Mikl-Leitner (ÖVP) as governor of Lower Austria. According to a “standard” online report, it is still legally unclear whether the valid votes were enough.
“That would be a question that the Constitutional Court should clarify,” Stöger said. The board of the state parliament referred to the rules of procedure of the state parliament. The FPÖ had announced an invalid vote to allow Johanna Mikl-Leitner to be elected governor at the constituent assembly on March 23. The black front woman received 24 of the 41 valid votes at the time. There are 56 deputies in total. Udo Landbauer, leader of the state party of the FPÖ, received 25 of the 44 valid votes as deputy to the governor of the state.
“The state constitution states that blank ballots are ‘disregarded’ in the election of state council members. This regulation does not apply to the election of the governor of the state and her deputies,” Stöger said according to “Standard”. If the constitution excludes void ballots in state councils, this could also be extended to the election of senior members of the government, as it says nothing more about that, it said. The second reading reads: Because the constitution only explicitly provides for this arrangement for the provincial councils, it is precisely for that reason not applicable to the provincial governor.
Directie Landtag refers to the Rules of Procedure of the Landtag
The basic electoral modes (majority election, proportional representation) for the elections of the state governor, LH-Stv. and county councils would regulate Article 35 of the Lower Austrian state constitution of 1979, explains the directorate of the state parliament when asked. The Rules of Procedure of the State Parliament (OCT) should be consulted for details. This stipulates for all elections in the state parliament that they are decided by a simple majority of the votes validly cast and that blank ballots are invalid (§ 67 Para. 2 and 5 OCT 2001).
According to “Standaard”, state lawyer Stöger does not see this as decisive. Because the corresponding passage in the Rules would only apply if nothing else was specified. That would be the case with a ruling by the Constitutional Court (VfGH).
Lower Austrian parties speak out
SPÖ-NÖ regional manager Wolfgang Zwander sees the black-blue pact “on shaky ground in every respect”: “We have always said: if a coalition starts with a breach of word, it will not end well.”
“Such discussions arise because of the opaque system of proportional representation in Lower Austria,” said Lower Austria’s Greens when asked, who again called for the abolition of proportional representation “to ensure transparent and clear conditions”. NEOS state spokeswoman Indra Collini considers confidence in Johanna Mikl-Leitner “shattered”: “The fact is that Mikl-Leitner was only able to secure her post through sleight of hand. In addition, it is extremely problematic that she was only elected by her own party.” The pink party is open to a possible constitutional complaint.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
