Anti-democratic?

When the FPÖ was not first – and governed anyway

Is it undemocratic if the party with the most votes does not come to power? Jörg Haider became governor of Carinthia for the first time in 1989, when the party with the most votes, the SPÖ, lost out. Alexander Götz was mayor of Graz for ten years - and came third.

(Bild: Krone KREATIV/APA)

Now that Federal President Alexander Van der Bellen has refused to give Herbert Kickl the mandate to form a government, the FPÖ camp is up in arms. The head of state has been described as an "anti-democrat" and the other parties have been criticized for "denying the will of the voters" due to their exclusion of Kickl. But a look at the history book shows: The Blue Party has also already used majorities against the party with the most votes to come to power ...

Van der Bellen is "clearly not acting as an independent federal president. He is playing for time," wrote Tyrol's FPÖ regional party leader Markus Abwerzger on X after the head of state's announcement on Wednesday, according to which he called for further talks between the major parties FPÖ, ÖVP and SPÖ on possible coalition options.

Vorarlberg's FPÖ leader Christof Bitschi also expressed his dissatisfaction: "There was one party in the National Council elections that was clearly the strongest party. We expected the Federal President to give us this government mandate," he stated on ORF Vorarlberg. He was certain that next week there would also be "an attempt to form a coalition against the Freedom Party", Bitschi said.

"Imagine if a liberal federal president were to act like this ..."
Former Freedom Party politicians, who now act as experts and analysts, have already voiced their displeasure. "Imagine if a liberal federal president acted like Van der Bellen and did not give the clear winner of the election with the most votes a mandate to form a government. Scandalous," Stephan Petzner, for example, rants on X. 

"Kickl is experiencing the same game that they wanted to play with Jörg Haider. The FPÖ could elect a dog as party leader if the failed old parties themselves called the dog a Nazi!" rants Gerald Grosz on X.

FPÖ-ÖVP pact made Haider governor for the first time in 1989
It was Jörg Haider, of all people, who was elected Carinthian governor for the first time in March 1989 by a majority against the party with the most votes.

1989: The then FPÖ leader Jörg Haider after his first election as governor of Carinthia, with his deputies Christof Zernatto (left) and Peter Ambrozy

(Bild: APA Pool/APA/GERT EGGENBERGER)

The SPÖ with Peter Ambrozy lost its absolute and "slipped" to 46%, but remained in first place with a large lead. But the third-placed ÖVP preferred to elevate Jörg Haider (FPÖ) to the office of provincial governor, Ambrozy became his deputy.

Result of the 1989 Carinthian state election

(Bild: Screenshot/Wikipedia.com)

Haider was voted out of office on June 21, 1991 after the furor surrounding his "proper employment policy". Ambrozy hoped to succeed him, but ÖVP man Christof Zernatto became head of government, coming third in the 1989 election.

FPÖ coup in Graz in 1973
The national-liberal politician Alexander Götz, who was one of the first Freedom Party members, achieved an even greater feat. In 1973, as chairman of the third-strongest parliamentary group in Graz City Hall, he managed to persuade the second-strongest party there, the ÖVP, to make a pact that sent the SPÖ into opposition and elected him, Götz, as mayor. The FPÖ had achieved just 16.9% in the election (SPÖ: 44.2%, ÖVP: 35.5%).

FPÖ politician Alexander Götz came third in the 1973 election to become mayor of Graz.

(Bild: FPÖ)

This coup impressed the federal FPÖ so much that Götz became the successor to long-term leader Friedrich Peter. In 1978, Götz - his FPÖ also came third again with 24.9 percent - was re-elected mayor. In 1983, the FPÖ fell from 14 to 9 seats and Götz had to end his political career.

Where the FPÖ gave way to the ÖVP
However, the FPÖ has also lifted a lower-placed party into the executive chair a few times in the Second Republic. In 1969, the SPÖ achieved 46% of the vote in the Upper Austrian state elections, making it the strongest party in the state. However, it was denied the office of provincial governor. The ÖVP and FPÖ sat down at the same table and the liberal Friedrich Peter assured Heinrich Gleißner of the People's Party of his support.

Friedrich Peter

(Bild: APA Pool/APA/HANS KLAUIS TECHT)

There was also a serious change in the balance of power in the Klagenfurt municipal council in March 1973 (there were no direct mayoral elections at the time). Although the SPÖ was still the strongest party (44.4 percent) despite significant losses, it had lost its absolute majority. And it did not manage to retain the office of mayor. For the ÖVP candidate Leopold Guggenberger, the election result of 34.6 percent opened up the possibility of forming a coalition with the FPÖ (18.1 percent).

When Haider made way for Schüssel
And then there was the famous National Council election in 1999, when ÖVP leader Wolfgang Schüssel came in third. The SPÖ came first with 33 percent, while the ÖVP, with just under 27 percent, was only a few votes behind the FPÖ with top candidate Jörg Haider. Despite announcing that he would go into opposition in third place, the ÖVP leader dared to break the taboo and entered into a coalition with the FPÖ.

Schüssel-Haider coalition

(Bild: APA/Eggenberger Gert)

In Styria, too, there was once a case at state level where things did not always go according to custom - but not against the will of the party in first place. After the 2015 state elections, in which the SPÖ was ahead of the ÖVP, Governor Franz Voves voluntarily handed over his office to his former deputy Hermann Schützenhöfer. 

Conclusion: It is not set in stone that the leader of the party with the most votes - unless they have an absolute majority - automatically comes to power. The second or third-placed party can also come to power, provided they can find partners for a coalition capable of winning a majority. This is allowed in a democracy. In short: even the recent FPÖ election victory does not force the competition to support this party. After all, 71 percent did not vote for the blue party.