A dispute within the SPÖ (Social Democratic Party of Austria) regarding the election of a new leader has emerged, with claims circulating that Gerhard Zeiler could be elected at a special party conference. However, Christina Toth, a lawyer specializing in association law, firmly disagrees with this assertion. Toth states that a direct election by party members is mandatory. This contradicts the position of Zeiler’s supporters, who apparently advocate for a different procedure. The debate centers on the proper method for selecting the SPÖ’s new head amidst internal power struggles. Toth's legal opinion adds a significant dimension to the conflict, suggesting a potential challenge to any election process not adhering to direct member voting. The disagreement highlights a fundamental disagreement over democratic procedures within the Austrian political party.