Following the 2008 general election which put the Freedom Party in third place, on October 28, 2008, he was elected the National Council's third president, despite heavy opposition by the Green Party of Austria, which fielded its own candidate, Alexander Van der Bellen,[2] and by the Jewish community of Vienna, by artists and intellectuals who strongly disapprove of Graf. Efraim Zuroff from the Simon Wiesenthal Center also expressed deep concern over the "well-known ties" Graf has with extreme-right groups.[4]
His opponents consider Graf to be unsuitable for the office because of his rightist leanings and continuing Burschenschaft Olympia membership. The student fraternity, which still practices academic fencing, is alleged to have Neo-Nazi links. In the discussions prior to his election, he condemned National Socialism and anti-Semitism but said he would, in any event, remain a member of the Burschenschaft.[5] Freedom Party leader Heinz-Christian Strache called the election of Graf a "victory for democracy" and emphasized his belief that Graf was a seasoned and "irreproachable parliamentarian".[5]
On 12 February 2009, the Public Prosecutor's office in Vienna asked the parliament to lift his immunity because they wanted to charge him with embezzlement and fraud in connection with his former job as a manager of the Austrian Research Centers. The prosecutor's focus was on Graf's severance payment and the bonus he got when the ARC was in financial difficulties. Graf denies the allegations, calling them "baseless".[6]
In April, Graf hosted the presentation of a book written by his party colleague Andreas Mölzer containing strong criticism of the European Union, in the rooms of the Austrian parliament. The keynote speaker at that event was Walter Marinovic, a former teacher who has links to the hard-right National Democratic Party of Germany and also writes for the Deutsche Nationalzeitung of Gerhard Frey.[7] A deputy of the Green Party protested against Marinovic's invitation.[8]