Constitutional validity of electoral vote-counting errors and their impact on election results under the Federal Election Act

The Constitutional Court dismissed the constitutional complaint, ruling that the challenged provisions of the Federal Election Act did not violate the Constitution; the respondent in the original civil dispute prevailed in the subsequent electoral challenge. The case involved a dispute over the validity of a National Council election in a specific district, where the complainant alleged errors in the counting of votes and irregularities in the election procedure that allegedly affected the outcome. The decisive legal basis was Article 87 of the Austrian Federal Constitutional Law and the specific procedural rules of the Federal Election Act, with the Court determining that the alleged procedural errors were not of a nature or magnitude that would invalidate the election result or infringe upon the fundamental rights of the candidates or voters.