Federal Electoral
Law
as amended in the promulgations dated
(Federal Law Gazette I, p. 1288,
1594)
last
amended by article 2 the Law of 21. May 1999
(Federal Law Gazette I, p. 1023)
Table of Contents
Section I
Electoral System
Article 1
Composition of the German Bundestag and
Principles of Franchise
Article 2
Division of the Electoral Area
Article 3
Constituency Commission and
Delimitation of Constituencies
Article 4
Votes
Article 5
Election in the Constituencies
Article 6
Election by Land List
Article 7
Combined Lists
Section II
Electoral Bodies
Article 8
Organization of Electoral Bodies
Article 9
Appointment of Electoral Bodies
Article 10
Electoral Committees and Electoral
Boards
Article 11
Honorary Posts
Section III
Eligibility to Vote and to Stand for
Election
Article 12
Eligibility to Vote
Article 13
Disqualification from Voting
Article 14
Exercise of the Right to Vote
Article 15
Eligibility to Stand for Election
Section IV
Preparations for the Election
Article 16
Election Day
Article 17
Voters' Register and Polling Card
Article 18
Right to Nominate Candidates,
Notification of Participation
Article 19
Submission of Nominations
Article 20
Content and Form of Constituency
Nominations
Article 21
Nomination of Party Candidates
Article 22
Spokesperson
Article 23
Withdrawal of Constituency Nominations
Article 24
Alteration of Constituency Nominations
Article 25
Rectifying of Faults
Article 26
Approval of Constituency Nominations
Article 27
Land Lists
Article 28
Approval of the Land Lists
Article 29
Exclusion from the Combination of Land
Lists
Article 30
Ballot Papers
Section V
The Poll
Article 31
Public Character of the Poll
Article 32
Inadmissible Electioneering and
Collection of Signatures, Inadmissible Publication of Electoral Survey Results
Article 33
Preservation of the Secrecy of the
Ballot
Article 34
Voting by Means of Ballot Papers
Article 35
Voting by Means of Voting Machines
Article 36
Postal Ballot
Section VI
Establishment of the Election Result
Article 37
Establishment of the Election Result in
the Polling District
Article 38
Establishment of the Postal Ballot
Result
Article 39
Invalid Votes, Rejection of Postal Ballot
Letters, Rules for Establishing Invalidity
Article 40
Decision of the Electoral Board
Article 41
Establishment of the Election Result in
the Constituency
Article 42
Establishment of the Election Result
for the Land Lists
Section VII
Special Regulations for By-Elections
and Repeat Elections
Article 43
By-Election
Article 44
Repeat Election
Section VIII
Attainment and Loss of Membership of
the German Bundestag
Article 45
Attainment of Membership of the German
Bundestag
Article 46
Loss of Membership of the German
Bundestag
Article 47
Decision on Loss of Membership
Article 48
Appointment of Successors from the
Lists and Replacement Elections
Section IX
Final Provisions
Article 49
Contestation
Article 49a
Administrative Offences
Article 50
Election Costs
Article 51
Repealed
Article 52
Federal Electoral Regulations
Article 53
Transitional Provisions
Article 54
Periods and Deadlines
Article 55
(Entry into Force)
Section I
Electoral System
Composition of the
German Bundestag and Principles of Franchise
(1)
The German Bundestag shall, subject to variations resulting from this Law,
consist of 598 members. They shall be elected in a general, direct, free, equal and secret ballot by the Germans eligible to vote, in
accordance with the principles of proportional representation combined with
uninominal voting.
(2) Of the members, 299 shall be
elected from nominations in the constituencies and the rest from Land
nominations (Land lists).
Division of the
Electoral Area
(1)
The electoral area shall be the territory of the Federal Republic of Germany.
(2) The division of the electoral area
into constituencies shall be as shown in the Annex* to this Law.
(3) Each constituency shall be divided
into polling districts for voting.
Constituency
Commission and Delimitation of Constituencies
(1)
When diving the electoral area into constituencies,
the following principles shall be observed:
1. The Länder boundaries shall be
respected.
2. The number of constituencies in the
individual Länder shall correspond to the population proportion as far as
possible.
3. The population of a constituency
should not deviate from the average population of the constituencies by more
than 15 per cent in either direction;
where the deviation is greater than 25 per cent, the
boundaries shall be redrawn.
4. Each constituency should form a
coherent area.
5. Where possible, the boundaries of
the communes, districts and urban districts should be respected.
In the determination of population
figures, aliens (§ 1, para 2 of the Aliens Law) shall not be taken into
account.
(2) The Federal President shall appoint
a permanent Constituency Commission. It shall consist of the President of the
Federal Statistical Office, a judge from the
(3) The Constituency Commission has the
task of reporting changes in the population figures in the electoral area and
to show whether and which changes in the division of the electoral area into constituencies
it considers necessary. In its report, it may also propose changes for other
reasons. When making is proposals concerning the division of the electoral area
into constituencies, it shall observe the principles specified in paragraph 1.
(4) The report of the Constituency
Commission must be submitted to the Federal Ministry of the Interior within
fifteen months of the beginning of the legislative term of the Bundestag. The
Federal Ministry of the Interior shall forward it to the Bundestag immediately
and publish it in the Federal Bulletin. On the request of the Federal Ministry
of the Interior, the Constituency Commission must submit a supplementary
report; in this case, sentence 2 shall apply as appropriate.
(5) Whenever Land boundaries are
altered in accordance with the statutory provisions governing the procedure for
other changes in the territory of the Laender pursuant to Article 29 (7) of the
Basic Law, the boundaries of the constituencies affected shall also be altered
correspondingly. Whenever two or more constituencies are affected in the
incorporating Land or an enclave of a Land is formed, the constituency to which
the new part of the Land belongs shall depend on the constituency to which the
commune, the communal district, or the non-communal area to which it has been
added belongs. Changes in Land boundaries which are made after the
thirty-second month after the beginning of the legislative term shall not
affect the division into constituencies until the following legislative term.
Votes
Each voter shall have two votes, a
first vote for electing a member of parliament for the constituency and a
second vote for electing a Land list.
Election in the
Constituencies
Each constituency shall elect one member.
The candidate obtaining the majority of the votes cast shall be considered
elected. In the event of a tie, the election shall be decided by the District
Returning Officer by drawing lots.
Election by Land
List
(1) For the distribution of seats to be
occupied on the basis of Land lists, the second votes cast for each Land list
shall be added together. The second votes of those voters who cast their first
votes for a successful candidate in a constituency who was nominated in
accordance with Article 20 (3) or by a party not permitted to submit a Land
list in the Land in question shall be disregarded. The number of successful
constituency candidates who are specified in sentence 2 or were nominated by
parties which, in accordance with Paragraph (6) of the present Article, are not
to be taken into consideration shall be deducted from the total number of
members of parliament (Article 1 (1)).
(2) The remaining seats pursuant to
Paragraph (1), sentence 3 shall be distributed among the Land lists on the
basis of the second votes to be taken into account according to Paragraph (1),
sentences 1 and 2 as follows: The total number of remaining seats shall be
multiplied by the number of second votes cast for each Land list in the
election area and the product divided by the total number of second votes cast
for all the Land lists to be taken into account. Each Land list shall first
receive one seat for each whole number falling to it. Any seats then remaining
to be awarded shall be allocated to the Land lists in the order of the highest
decimal fractions resulting from the calculation performed in accordance with
sentence 2 of this Paragraph. In case of equal fractions, the assignment of the
last seat shall be decided by the Federal Returning Officer by drawing lots.
(3) If a Land list upon which more than
half of the total number of second votes of all the Land lists to be taken into
account does not receive more than half of the seats available ac-cording to
the distribution of seats described in Paragraph (2), it shall, notwithstanding
Paragraph (2), sentences 4 and 5, be allocated an additional seat from the
seats due to be allocated on the basis of fractions. Any seats then remaining
shall be distributed according to Paragraph (2), sentences 4 and 5.
(4) The number of seats won by a party
in the constituencies of a Land shall be deducted from the number of members of
parliament thus established for each Land list. The remaining seats shall be
occupied by candidates from the Land list in the order laid down in it.
Candidates who have been elected in a constituency shall be disregarded in the
Land list. If more seats fall to a Land list than there are candidates
nominated in it, these seats shall re-main vacant.
(5) A party shall retain seats it has
gained in the constituencies even if the number exceeds the number established
in accordance with Paragraphs (2) and (3). In such an event, the total number
of seats (Article 1 (1)) shall increase by the difference; there shall be no
renewed calculation in accordance with Paragraphs (2) and (3) of this Article.
(6) Only parties that have obtained at
least five per cent of the valid second votes cast in the electoral area or
have won a seat in at least three constituencies shall be taken into consideration
when the seats are distributed among the Land lists. Sentence 1 shall not apply
to the lists submitted by parties representing national minorities.
Combined Lists
(1) Land lists of the same party shall be
considered combined unless a statement is is-sued to the effect that one or
more Land lists concerned are to be excluded from the combined lists.
(2) Combined lists shall be considered
a single list in relation to the other lists for the distribution of seats.
(3) The seats falling to a combined
list shall be distributed among the Land lists concerned in accordance with
Article 6 (2). Article 6 (4) and (5) shall apply as appropriate.
Section II
Electoral Bodies
Organization of
Electoral Bodies
(1) Electoral bodies shall be
the Federal Returning Officer and the
Federal Electoral Committee for the electoral area, a Land Returning Officer
and a Land Electoral Committee for each Land,
a District Returning Officer and a District
Electoral Committee for each constituency,
an Electoral Officer and an Electoral Board for
each polling district, and
at least one Electoral Officer and an Electoral
Board for each constituency to establish the results of the postal ballot. The
District Returning Officer shall determine how many postal ballot boards are
necessary to establish the result of the postal ballot on the same day as the
election.
(2) A Joint District Returning Officer
may be appointed and a Joint Electoral Committee formed for several neighbouring
constituencies; the Land Returning Officer shall issue the order.
(3) In order to establish the result of
the postal ballot, Electoral Officers and Electoral Boards can be appointed for
one or several communes or for each district in the constituency instead of for
every constituency. The Land Government or the agency designated by it shall
issue the order.
Appointment of
Electoral Bodies
(1)
The Federal Returning Officer and his Deputy shall be appointed by the Federal
Minis-try of the Interior; the Land Returning Officers, District Returning
Officers and Electoral Officers and their Deputies shall be appointed by the
Land Government or the agency designated by it.
(2) The Federal Electoral Committee
shall be composed of the Federal Returning Officer as Chairman and eight
qualified voters appointed by him as assessors. The other electoral committees
shall be composed of the Returning Officer as Chairman and six qualified voters
appointed by him as assessors. The Electoral Boards shall be composed of the
Electoral Officer as Chairman, his Deputy and three to five other qualified
voters appointed by the Electoral Officer as assessors; the Land Government or
the agency designated by it may order the assessors of the Electoral Board to
be appointed by the local authority of the commune and the assessors of the
Electoral Board formed for the establishment of the result of the postal ballot
by the District Returning Officer, in the event of an order pursuant to Article
3 (8), by the local authority or district authority alone or in concurrence
with the Electoral Officer. Whenever possible, account shall be taken of the
parties represented in the polling district when appointing assessors.
(3) No one may be a member of more than
one electoral body. Candidates standing for election, spokespersons for
nominations and deputy spokespersons may not be appointed members of an
electoral body.
Electoral Committees
and Electoral Boards
(1)
The Electoral Committees and Electoral Boards shall meet, confer and make their
decisions in public session. Unless stipulated otherwise by this Law, decisions
shall be taken by majority vote; in the case of a tie, the Chairman shall have
the casting vote.
(2) The members of the electoral
bodies, their deputies and the keeper of the minutes shall be bound to perform
the duties of their offices impartially and to exercise discretion regarding
information to which they gain access as a result of their official duties.
Honorary Posts
(1)
The assessors of the Electoral Committees and the members of the Electoral
Boards shall perform their duties in an honorary capacity. Anyone eligible to
vote shall be bound to accept this honorary post if it is offered to them. The
honorary post may be refused only on substantial grounds.
(2) (No longer applicable)
(3) (No longer applicable)
Section III
Eligibility to Vote
and to Stand for Election
Eligibility to Vote
(1)
All Germans as defined in Article 116 (1) of the Basic Law shall be eligible to
vote, provided that, on the day of the election, they
1. have
reached the age of 18 years,
2. have had a
domicile or have otherwise been permanently resident in the Federal Republic of
Germany for at least three months, and
3. are not
disqualified from voting under Article 13 of the Federal Electoral Law.
(2) Provided the other conditions are
fulfilled, Germans as defined in Article 116 (1) of the Basic Law shall also be
eligible to vote if, on the day of election, they are
1. resident as civil servants,
soldiers, and other salaried public employees outside the Federal Republic of
Germany by order of their employer, and members of such persons' households,
2. resident in
the territories of the other member states of the Council of Europe, provided
that after
3. resident in other territories
outside the Federal Republic of Germany, provided that prior to their
departure, they had a domicile or were otherwise permanently resident for an
uninterrupted period of at least three months in the Federal Republic of
Germany, and that no more than 25 years have elapsed since their departure. The
same applies as appropriate to seamen on vessels not flying the German flag, as
well as the members of their households.
The period of three months specified in
Paragraph (1), no. 2 shall not apply if a person eligible to vote under
sentence 1 above returns to the Federal Republic of
Germany. For the application of nos. 2 and 3, a previous domicile or residence
in the area stipulated in Article 3 of the Unification Treaty must be taken
into account.
(3) For the purposes of this Law, a
domicile shall be any enclosed space which is used for dwelling or sleeping.
Caravans and house-boats, however, shall only be considered domiciles if they
are not moved at all or only occasionally.
(4) If persons eligible to vote do not
have or have not had a domicile in the Federal Re-public of Germany, a domicile
as defined in Paragraph (1), no. 2 or Paragraph (2), nos. 2 and 3 shall be:
1. for seamen and the members of their
households, the ship occupied by them if the ship is eligible to fly the
Federal Flag under the latest version of the Flag Law (in the version
promulgated on 4 July 1990, Federal Law Gazette I, p. 1342)
2. for boatmen in inland navigation and
the members of their households, the ship occupied by them if the ship is
enrolled in a ship's register in the Federal Republic of Germany,
3. for persons
serving a term of imprisonment imposed by a court of law as well as for other
persons accommodated in an institution or respective institution.
(5) The day on which the domicile is
occupied or the residence begins must be included in the calculation to
determine the three-month period pursuant to Paragraph (1), no. 1 and Paragraph
(2), nos. 2 and 3,
Disqualification
from Voting
A person shall be disqualified from
voting if
1. he or she
is not eligible to vote owing to a judicial decision,
2. a custodian
has been appointed not only through a restraining order to attend to all his or
her affairs; this also applies when the custodian's sphere of duties does not
include the affairs set forth in Article 1896 (4) and Article 1905 of the Civil
Code (Bürgerliches Gesetzbuch),
3. he or she
is accommodated in a psychiatric hospital under an order pursuant to Article 63
of the Penal Code in conjunction with Article 20 of the Penal Code.
4. No longer applicable
Exercise of the
Right to Vote
(1)
Only such persons as are entered in a voters' register or have a polling card
may vote.
(2) Anyone entered in a voters'
register may only vote in the polling district of the voters' register in which
he or she is entered.
(3) Anyone possessing a polling card
may vote in the constituency in which the polling card was issued a) by casting
his or her vote in any polling district of this constituency, or b) by postal
ballot.
(4) Each person eligible to vote may
vote only once and must do so personally.
Eligibility to Stand
for Election
(1)
A person shall be eligible to stand for election if, on election
day, he or she
1. has been German as defined in
Article 116 (1) of the Basic Law for at least one year, and
2. has reached
the age of eighteen years.
(2) A person shall be ineligible to
stand for election if he or she
1. is
disqualified from voting under Article 13 of the Federal Electoral Law,
2. has been
deprived by judicial decision of eligibility to hold public or political
office, or
3. is a German
as defined in Article 116 (1) of the Basic Law without possessing German
citizenship and has attained this legal status by renouncing German citizenship
under the Law of
Section IV
Preparations for the
Election
Election Day
The Federal President shall determine
the day of the general election (election day). The election day must be a Sunday or a statutory public holiday.
Voters' Register and
Polling Card
(1)
The local authorities of the commune shall maintain a register of persons
eligible to vote for each polling district. The voters' register shall be on
public display on the working days between the twentieth and the sixteenth day
before the election.
(2) A person eligible to vote who is
prevented from casting his or her vote in the polling district in whose voters'
register he or she is entered or who has not been entered in the voters'
register for reasons beyond his control shall be issued a polling card on
application.
Right to Nominate
Candidates, Notification of Participation
(1)
Nominations of candidates may be submitted by parties and, in accordance with
Article 20, by persons eligible to vote.
(2) Parties which have not been
continuously represented by at least five representatives in the German
Bundestag or in a Landtag (state parliament) since the last election on the
basis of their own nominations may only submit nominations as parties if they
have given notification of their intended participation in the election to the
Federal Returning Officer in writing not later than the ninetieth day before
the election and have been recognized as par-ties by the Federal Electoral
Committee. Such notification must include the name under which the party
intends to participate in the election. It must be signed personally and by
hand by at least three members of the national executive committee, including
the chairman or his deputy. If a party does not have a national executive
committee, the executive commit-tee of the party's highest-level organization
shall take the place of the national executive committee. The party's written
statutes and written program as well as proof that the executive committee has
been duly appointed in accordance with the statutes shall be enclosed with the
notification.
(3) The Federal Returning Officer must
examine the notification pursuant to Paragraph
(2) immediately
upon receipt. If he finds faults in it, he shall immediately notify the
executive committee and demand it to rectify the faults that can be corrected.
After expiration of the submission period for notification, only faults in
otherwise valid notifications may be rectified. A notification shall not be
deemed valid if
1. the form or
deadline prescribed in Paragraph (2) has not been observed,
2. the name of
the party is not stated,
3. the valid
signatures required under Paragraph (2) and the documents to be submitted with
the notification are missing, unless such documents cannot be submitted on time
due to circumstances beyond the party's control,
4. the members
of the executive committee have not been adequately designated, so that their
identities cannot be established.
Once the decision has been made on the
recognition of an association as a party, no action may be taken to rectify
faults. The party's executive committee may appeal to the Federal Electoral
Committee against orders issued by the Federal Returning Officer in proceedings
concerning the rectifying of faults.
(4) The Federal Electoral Committee
shall confirm as binding for all electoral bodies not later than the
seventy-second day before the election
1. which
parties have been continuously represented in the German Bundestag or in a
Landtag since the last election by at least five members nominated by the party
itself,
2. which
associations, having given notification of their participation pursuant to
Paragraph (2), shall be recognized as parties for the election. A two-thirds
majority is necessary to refuse an association
recognition as a party for the election.
(5) A party may submit only one
constituency nomination for each constituency and only one Land list for each
Land.
Submission of
Nominations
Constituency nominations shall be
submitted in writing to the District Returning Officer and Land lists to the
Land Returning Officer not later than
Content and Form of
Constituency Nominations
(1)
A constituency nomination may only contain the name of one candidate. Each
candidate may only be named in one constituency and there only in one
nomination. A person may only be nominated as a candidate if he or she has
given his or her written consent; such consent shall be irrevocable.
(2) Constituency nominations of parties
must bear the personal and handwritten signatures of the members of the
executive committee of the Land branch of the party or, where such Land
branches do not exist, the personal and handwritten signatures of the members
of the executive committee of the next lower regional branches (Article 7 (2)
of the Law on Political Parties) in whose area the constituency lies.
Constituency nominations of the parties specified in Article 18 (2) above must
in addition bear the personal and handwritten signatures of at least 200
persons eligible to vote in the constituency; they must be eligible to vote at
the time they sign the nomination and proof of this must be furnished when the
nomination is submitted. The requirement to present 200 signatures shall not
apply to constituency nominations of parties representing national minorities.
(3) Other constituency nominations must
bear the personal and handwritten signatures of at least 200 persons eligible
to vote from the constituency concerned. Paragraph (2), sentence 2, second
half-sentence shall apply as appropriate.
(4) Constituency nominations of parties
must contain the name of the party submitting them as well as any shortened
form of its name it uses, while other constituency nominations must contain a
distinctive code name.
Nomination of Party
Candidates
(1) A person may only be named as a
candidate of a party in a constituency nomination if he or she has been elected
for this purpose at a members' assembly convened to elect a constituency
candidate or at a special or general delegates' assembly. A members' assembly
convened to elect a constituency candidate shall be an assembly of members of
the party who at the time of their meeting are eligible to vote in the German
Bundestag election in their constituency. A special delegates' assembly shall
be an assembly of the delegates elected by such an assembly of members from
their own ranks. A general delegates' assembly shall be a general assembly
appointed in accordance with the statutes of the party (Article 6 of the Law on
Political Parties) by such an assembly of members from their own ranks in view
of forthcoming elections.
(2) Where districts and urban districts
comprise several constituencies, the candidates for those constituencies whose
area does not intersect the boundary of the district or the urban district may
be elected at a joint members' or delegates' assembly.
(3) The candidates and delegates for
the delegates' assemblies shall be elected by secret ballot. Elections may take
place no earlier than thirty-two months after the beginning of the legislative
term of the German Bundestag, in the case of the delegates' assembly no earlier
than twenty-three months; this shall not apply if the term ends prematurely.
(4) The executive committee of the Land
branch or, where such Land branches do not exist, the executive committee of
the next lower regional branch (Article 7 (2) of the Law on Political Parties)
in whose area the constituency lies or another body provided for this purpose
in the party's statutes may object to the decision of a members' or delegates'
assembly. If such an objection is raised, the ballot shall be repeated. Its
result shall be final.
(5) Further details regarding the
election of delegates for the delegates' assembly, the convening and the quorum
of the members' or delegates' assemblies as well as the procedure for the
election of the candidate shall be set forth in the parties' statutes.
(6) A copy of the record of the
election of the candidate, with details of where and when the assembly took
place, the form of the invitation, the number of members present and the result
of the ballot shall be submitted with the constituency nomination. In so doing,
the chairperson of the assembly and two members present designated by it shall
give the District Returning Officer an assurance in lieu of an oath to the
effect that the election of the candidate was by secret ballot. The District
Returning Officer shall be responsible for accepting such an assurance in lieu
of an oath; he shall be considered an authority within the meaning of Article
156 of the Penal Code.
Spokesperson
(1)
A spokesperson and a deputy spokesperson shall be designated in every
constituency nomination. If such a designation is not made, the first person to
have signed shall be considered the spokesperson and the second person to have
signed the deputy spokesperson.
(2) Unless otherwise specified in this
Law, only the spokespersons and their deputies, each for themselves, shall be
authorized to make and receive binding statements concerning the constituency
nomination.
(3) Spokespersons and deputy
spokespersons may be removed from office and replaced by others through a
written statement issued by the majority of the signatories of the constituency
nomination and addressed to the District Returning Officer.
Withdrawal of
Constituency Nominations
A constituency nomination may be
withdrawn by a joint written statement issued by the spokesperson and deputy
spokesperson unless a decision has been reached on its approval. A constituency
nomination signed by at least 200 persons eligible to vote may
also be withdrawn by the majority of the signatories through a statement
bearing their personal handwritten signatures.
Alteration of
Constituency Nominations
After expiration of the submission
period for nominations, a constituency nomination may be altered only through a
joint written statement issued by the spokesperson and the deputy spokesperson
and only if the candidate dies or has become ineligible to stand for election.
The procedure laid down in Article 21 need not be observed and the signatures
as defined in Article 20 (2) and (3) shall not be required. No alterations of
any kind shall be allowed after a decision has been made on the approval of a
constituency nomination (Article 26 (1), sentence 1).
Rectifying of Faults
(1)
The District Returning Officer must examine the constituency nominations
immediately upon receipt. If he finds faults in a constituency nomination, he
shall immediately notify the spokesperson and demand him or her to rectify the
faults that can be corrected in due time.
(2) After expiration of the submission
period for nominations, faults may only be rectified in nominations which are
otherwise valid. A nomination shall not be deemed valid if
1. the form or
deadline prescribed in Paragraph (2) has not been observed,
2. the valid signatures required
pursuant to Article 20 (2), sentences 1 and 2, and Paragraph (3), together with
proof that the signatories are eligible to vote, are missing, unless such proof
cannot be furnished on time due to circumstances beyond the control of the
person eligible to make the nomination,
3. in the case
of a party nomination, the name of the party has been omitted, the recognition
of party status required under Article 18 (2) above has been refused, or the
proof required under Article 21 has not been furnished,
4. the
candidate has not been adequately designated, so that his identity cannot be
established, or
5. the
candidate has not given his written consent.
(3) No faults of any kind may be
rectified after a decision has been made on the approval of a constituency
nomination (Article 26 (1), sentence 1).
(4) The spokesperson may appeal to the
District Electoral Committee against orders is-sued by the District Returning
Officer in proceedings concerning the rectifying of faults.
Approval of
Constituency Nominations
(1)
The District Electoral Committee shall decide on the approval of constituency
nominations on the fifty-eighth day before the election. It shall reject
constituency nominations if they
. are submitted
too late, or
2. do not meet
the requirements set forth in this Law and in the Federal Electoral
Regulations, unless something different is specified in these provisions.
The decision must be announced at the
meeting of the District Electoral Committee.
(2) If the District Electoral Committee
rejects a constituency nomination, an appeal may be lodged with the Land
Electoral Committee within three days of the announcement of the decision. The
spokesperson for the constituency nomination, the Federal Returning Officer and
the District Returning Officer shall be eligible to lodge an appeal. The
Federal Returning Officer and the District Returning Officer may also appeal
against a decision by which a constituency nomination is approved. The persons
concerned attending the appeal proceedings must be heard. The decision on the
appeal must be taken not later than the fifty-second day before the election.
(3) The District Returning Officer shall
make the approved constituency nominations public not later than the
forty-eighth day before the election.
Land Lists
(1)
Land lists may only be submitted by political parties. They must bear the
personal and handwritten signatures of the members of the executive committee
of the Land branch or, where Land branches do not exist, those of the members
of the executive committees of the next lower regional branches (Article 7 (2)
of the Law on Political Parties) that lie within the territory of the Land and,
in the case of the parties specified in Article 18 (2), the personal and
handwritten signatures of one per thousand of the persons eligible to vote in
the Land at the last Bundestag election, but of not more than 2,000 persons
eligible to vote. The signatories of a constituency nomination of one of the
parties specified in Article 18 (2) must be eligible to vote at the time they
sign the nomination and proof of this must be furnished when the nomination is
submitted. The requirement to present additional signatures shall not apply to
Land lists of parties representing national minorities.
(2) Land lists must contain the name of
the party submitting them as well as any shortened form of its name it uses.
(3) The names of the candidates must be
listed in a recognizable order.
(4) A candidate may only be nominated
in one Land and there only in one Land list. A per-son may only be nominated in
a Land list if he or she has given his or her written consent; such consent
shall be irrevocable.
(5) Article 21 (1), (3), (5) and (6) as
well as Articles 22 to 25 shall apply as appropriate, provided that the
assurance in lieu of an oath to be given under Article 21 (6), sentence 2 also
covers an assurance to the effect that the order of names of the candidates in
the Land list has been laid down by secret ballot.
Approval of the Land
Lists
(1)
The Land Electoral Committee shall decide on the approval of the Land lists on
the fifty-eighth day before the election. It must reject Land lists if they
1. are
submitted too late, or
2. do not meet
the requirements set forth in this Law and in the Federal Electoral
Regulations, unless something different is specified in these provisions.
If the requirements regarding only
individual candidates are not met, their names shall be deleted from the Land
list. The decision must be announced at the meeting of the District Electoral
Committee.
(2) If the Land Electoral Committee
rejects a Land list wholly or in part, an appeal may be lodged with the Federal
Electoral Committee within three days of the announcement of the decision. The
spokesperson for the Land list and the Land Returning Officer shall be eligible
to lodge an appeal. The Land Returning Officer may also appeal against a decision
by which a Land list is approved. The persons concerned attending the appeal
proceedings shall be heard. The decision on the appeal must be taken not later
than the fifty-second day before the election. (3) The Land Returning Officer
shall make the approved Land lists public not later than the forty-eighth day
before the election.
Exclusion from the
Combination of Land Lists
(1)
The Federal Returning Officer shall be notified about any exclusion from the
combination of Land lists (Article 7) by the spokesperson of the Land list
concerned and his or her deputy by means of a joint written statement not later
than
(2) The Federal Electoral Committee
shall decide on the statements issued under Paragraph (1) above not later than
on the thirtieth day before the election. Article 28 (1), sentence 2 shall
apply as appropriate.
(3) The Federal Returning Officer shall
make the combinations of lists and the Land lists for which a statement has
been issued under Paragraph (1) above public not later than the twenty-sixth
day before the election.
Ballot Papers
(1)
The ballot papers, their envelopes and the postal ballot letter envelopes
(Article 36 (1)) shall be manufactured by the government.
(2) The ballot paper shall contain:
1. for
constituency elections, the names of the candidates from the approved
constituency nominations; in the case of constituency nominations by parties,
also the names of these parties as well as any shortened form of their names
they may use; in respect of other constituency nominations, also the
distinctive identifying word;
2. for Land
list elections, the names of the parties and any shortened form of their names
they may use as well as the family and Christian names of the first five
candidates from the approved Land lists.
(3) The order of the Land lists of
parties which were represented in the last German Bundestag shall be determined
by the number of second votes which each obtained at the last Bundestag
election in the Land concerned. The remainder of the Land lists shall follow
the names of the parties in alphabetical order. The order of the constituency
nominations shall be the same as the order of the corresponding Land lists.
Other constituency nominations shall follow the names of the parties or the
code names in alphabetical order.
Section V
The Poll
Public Character of
the Poll
Polling shall be public. The electoral
board may eject anyone violating public order from the polling station.
Inadmissible
Electioneering and Collection of Signatures, Inadmissible Publication of
Electoral Survey Results
(1)
During polling hours, no influence may be exerted on voters by word, sound,
writing or image and no signatures may be collected in or around the building
in which the polling station is located as well as directly in front of the
entrance to the building.
(2) The publication of results of
surveys conducted among voters after they have cast their votes shall be
inadmissible before the end of polling hours.
Preservation of the
Secrecy of the Ballot
(1)
Measures must be taken to ensure that the voter cannot be observed while
marking his or her ballot paper and placing it in the envelope. Ballot boxes
used for the reception of the envelopes must ensure the preservation of the
secrecy of the ballot.
(2) A voter who is illiterate or who
due to a physical handicap is prevented from marking the ballot paper, from
placing it in the envelope, from handing the envelope over to the Electoral
Officer or from placing it into the ballot box himself or herself may be aided
by an-other person.
Voting by Means of
Ballot Papers
(1)
Voting shall be by means of official ballot papers in official envelopes.
(2) The voter shall
1. cast his or her first vote by
marking the ballot paper with a cross or other sign so as to clearly indicate
which candidate the vote is intended for, and
2. cast his or
her second vote by marking the ballot paper with a cross or other sign so as to
clearly indicate which Land list the vote is intended for.
Voting by Means of
Voting Machines
(1)
Voting machines may be used of ballot papers, envelopes and ballot boxes to
facilitate the casting and counting of votes.
(2) Voting machines as defined in
Paragraph (1) above must guarantee the secrecy of the ballot. For use at
elections to the German Bundestag, their design must be officially approved for
individual elections or on a general basis. The Federal Ministry of the
Interior shall decide on the approval of a voting machine on the application of
the manufacturer. The permission of the Federal Ministry of the Interior must
be obtained before an officially approved voting machine can be used. This
permission may be given for individual elections or on a general basis.
(3) The Federal Ministry of the
Interior shall, by means of statutory ordinance not requiring the endorsement
of the Bundesrat (Council of Constituent States), be authorized to issue
detailed provisions on:
1. the
prerequisites for the official approval of the design of voting machines as
well as for the withdrawal and revocation of the approval,
2. the
official approval procedure governing the design,
3. the
procedure governing the examination of a voting machine for conformity with the
officially approved design,
4. the public
testing of a voting machine prior to its use,
5. the
procedure governing the granting of official permission for the use of a voting
machine as well as the withdrawal and the revocation of the permission,
6. the special points that have to be
borne in mind in connection with the election as a result of the use of voting
machines.
In the cases specified in nos. 1 and 3,
the statutory ordinance shall be issued in agreement with the Federal Ministry
of Economics and Technology.
(4) Article 33 (1), sentence 1, and
Paragraph (2) shall apply as appropriate for the operation of a voting machine.
Postal Ballot
(1) When voting by postal ballot, the
voter shall send the District Returning Officer of the constituency in which
his or her polling card was issued a sealed postal ballot envelope containing
a) his or her
polling card and,
b) in a
separate sealed envelope, his or her ballot paper
in due time to ensure that the postal ballot
letter is received not later than
(2) The voter or the person assisting
him or her must indicate on the polling card that he or she gives an assurance
in lieu of an oath to the District Returning Officer that the ballot paper has
been marked either personally or in accordance with the declared intent of the
voter. The District Returning Officer shall be responsible for accepting such
an assurance in lieu of an oath; he or she shall be considered an authority
within the meaning of Article 156 of the Penal Code.
(3) In the event of an order from the
Land government or an agency designated by it pursuant to Article 8 (3), the
place of the District Returning Officer specified in Paragraph (1), sentence 1,
and in Paragraph (2) shall be taken by the local authority of the commune that
has issued the polling cards or the administrative authority of the district in
which this commune lies.
(4) Postal ballot letters may be posted
as standard mail without any special form of dispatch and free of charge if
they are in official ballot letter envelopes. Anyone who uses a special form of
dispatch shall pay the amount in excess of the letter rate otherwise applicable
themselves. The Federal Government shall pay the German PTT Administration
POSTDIENST the letter rate for every official ballot letter envelope forwarded
by it, posted without stamp, or sent by a special form of dispatch
Section VI
Establishment of the
Election Result
Establishment of the
Election Result in the Polling District
After polling has closed, the Electoral
Board shall establish how many votes have been cast in the polling district for
the individual constituency nominations and Land lists.
Establishment of the
Postal Ballot Result
The Electoral Board appointed for the
postal ballot shall establish how many postal votes have been cast for the
individual constituency nominations and Land lists.
Invalid Votes,
Rejection of Postal Ballot Letters, Rules for Establishing Invalidity
(1)
Votes shall be invalid if the ballot paper
1. has not
been handed over in an official voting envelope,
2. has been
handed over in a voting envelope which obviously differs from the other
envelopes in a manner endangering the secrecy of the ballot or which contains a
distinctly tangible object,
3. has not
been manufactured by the government or is valid for another constituency,
4. shows no marking,
5. does not
reveal the voter's intent beyond doubt,
6. contains any addendum or
reservation.
In the cases specified in nos. 1 to 4,
both votes shall be invalid.
(2) Several ballot papers in one voting
envelope shall be considered one ballot paper if their wording is identical or
if only one of them has been marked; otherwise they shall count as one ballot
paper with two invalid votes.
(3) If the voting envelope has been
handed over empty, both votes shall be considered invalid. Where only one vote
has been cast on the ballot paper, the vote not cast shall be invalid.
(4) Under the postal ballot procedure,
postal ballot letters shall be rejected if
1. the postal
ballot letter is not received on time,
2. no or no
valid ballot paper is enclosed in the postal ballot letter envelope,
3. there is no
voting envelope in the postal ballot letter envelope,
4. neither the
postal ballot letter envelope nor the voting envelope is sealed,
5. the postal
ballot letter envelope contains several voting envelopes but not an equal
number of valid polling cards bearing the prescribed assurance in lieu of an
oath,
6. the voter
or the person of his or her confidence has not signed the prescribed assurance
in lieu of an oath for the postal ballot on the polling card,
7. no official
voting envelope has been used,
8. a voting
envelope has been used which obviously differs from the other envelopes in a
manner endangering the secrecy of the ballot or which contains a distinctly
tangible object.
The senders of postal ballot letters
that are rejected shall not be counted as voters; their votes shall be
considered not cast.
(5) The votes of a voter who has taken
part in the postal ballot shall not become invalid if he or she dies before or
on election day or is disqualified from voting
pursuant to Article 13.
Decision of the
Electoral Board
The Electoral Board shall decide on the
validity of the votes cast and on all matters connected with the poll and the
establishment of the election result. The District Electoral Committee shall
have the right of verification.
Establishment of the
Election Result in the Constituency
(1) The District Electoral Committee
shall establish how many votes have been cast in the constituency for the
individual constituency nominations and Land lists and which candidate has been
elected the member for the constituency.
(2) The District Returning Officer
shall notify the candidate who has been elected the member for the constituency
and shall request him or her to state in writing within a week whether he or
she accepts the election.
Establishment of the
Election Result for the Land Lists
(1)
The Land Electoral Committee shall establish how many votes have been cast in
the Land for the individual Land lists.
(2) The Federal Electoral Committee shall
establish how many seats have been won by the individual Land lists and which
candidates have been elected.
(3) The Land Returning Officer shall
notify the candidates elected and invite them to state in writing within a week
whether they accept the election.
Section VII
Special Regulations
for By-Elections and Repeat Elections
By-Election
(1)
A by-election shall take place
1. if an
election has not been held in a constituency or a polling district,
2. if a
constituency candidate dies after the approval of the constituency nomination
but before the election.
(2) The by-election shall take place
not later than three weeks after the day of the general election if Paragraph
(1), no. 1 applies and not later than six weeks after the day of the general
election if Paragraph (1), no. 2 applies. The date of the by-election shall be
set by the Land Returning Officer.
(3) The by-election shall take place in
accordance with the same regulations and on the same basis as the general
election.
Repeat Election
(1)
If an election is declared wholly or party invalid as a result of the scrutiny
proceedings, it shall be repeated as required by the respective decision.
(2) The repeat election shall take place
in accordance with the same regulations, with the same nominations and,
provided it is within than six months of the general election, on the basis of
the same voters' registers as the general election, unless the decision reached
in the course of electoral scrutiny proceedings should prescribe otherwise with
regard to the constituency nominations and the voters' registers.
(3) The repeat election must take place
not later than sixty days after the decision by which the election was declared
invalid has entered into force. Where the election has been declared only
partially invalid, there shall be no repeat election if it is certain that a
new German Bundestag will be elected within six months. The date of the repeat
election shall be set by the Land Returning Officer or, in the case of a repeat
election for the whole electoral area, by the Federal President.
(4) The election result shall be newly
established on the basis of the repeat election, in accordance with the
regulations laid down in Section VI. Articles 41 (2) and 42 (3) shall apply as
appropriate.
--------------------------------------------------------------------------------
Section VIII
Attainment and Loss
of Membership of the German Bundestag
Attainment of Membership
of the German Bundestag
An elected candidate shall attain
membership of the German Bundestag when the appropriate Returning Officer
receives his or her letter of acceptance within the period and in the form
prescribed in Article 41 (2) or Article 42 (3), but not before the expiration
of the electoral term of the last German Bundestag and, in the case of Article
44 (4), not before the member elected as a result of the original election
result has vacated his or her seat. If the elected candidate fails to make a
statement or fails to make it in due form before the expiration of the legally
prescribed period, the election shall be considered accepted at the time of the
expiration. An acceptance with reservations shall be considered a refusal. Statements
of acceptance and refusal shall be irrevocable.
Loss of Membership
of the German Bundestag
(1)
A member shall lose his or her membership of the German Bundestag
1. if the
attainment of membership is invalid,
2. if the
election result is newly established,
3. if he or
she fails to meet one of the prerequisites for permanent eligibility for
election,
4. if he or
she resigns,
5. if the
Any grounds for loss of membership as
laid down in other statutory provisions shall not be affected.
(2) A member whose election in the
constituency is invalid shall nevertheless retain his or her membership of the
German Bundestag if he or she was at the same time elected on a Land list but
was disregarded pursuant to Article 6 (4), sentence 3.
(3) Resignation shall only be effective
if it is declared in writing to the President of the German Bundestag, to a
German notary whose seat is within the area of application of this Law, or to a
member of a German mission abroad who is authorized to authenticate documents.
The member must transmit the declaration of resignation attested by a notary or
presented to a mission abroad to the President of the Bundestag. The
resignation shall be irrevocable.
(4) If a party or party branch is
declared unconstitutional by the Federal Constitutional Court in accordance
with Article 21 (2), sentence 2 of the Basic Law, the members shall lose their
membership of the German Bundestag, and their successors on the list shall lose
their candidacy if they have been members of that party or party branch during the
period between the filing of the application (Article 43 of the Law on the
Federal Constitutional Court) and the pronouncement of the decision (Article 46
of the Law on the Federal Constitutional Court). If members who have lost their
membership in accordance with sentence 1 above have been elected in
constituencies, the election of a constituency member shall be repeated in such
constituencies, with Article 44 (2) to (4) applicable as appropriate; in these
cases, the members who have lost their membership in accordance with sentence 1
above shall not be allowed to candidate. If members who have lost their
membership in accordance with sentence 1 above have been elected on the basis
of a Land list of the party or party branch declared unconstitutional, their
seats shall remain vacant. Otherwise, Article 48 (1) shall apply.
Decision on Loss of
Membership
(1)
A decision on loss of membership under Article 46 (1) shall be made
1. in the case of no. 1, in the course
of electoral scrutiny proceedings,
2. in the case of nos. 2 and 5, by a
resolution of the Council of Elders of the German Bundestag,
3. in the case of no. 3, if eligibility
to stand for election has been lost as a result of a judicial decision, by a
resolution of the Council of Elders of the German Bundestag, otherwise in the
course of electoral scrutiny proceedings,
4. in the case
of no. 4, by the President of the German Bundestag issuing a confirmation of
the declaration of resignation.
(2) If a decision on the loss of
membership is made in the course of electoral scrutiny proceedings, the member
concerned shall withdraw from the German Bundestag as soon as the decision
enters into force.
(3) If the Council of Elders or the
President of the German Bundestag decides on the loss of membership, the member
concerned shall withdraw from the German Bundestag as soon as the decision has
been taken. The decision shall be taken ex officio immediately. Within two
weeks of the notification of the decision, the member concerned may apply for a
decision on the loss of membership to be taken by the German Bundestag in the
course of electoral scrutiny proceedings. Notification shall be in accordance
with the provisions laid down in the Administrative Notices Service.
Appointment of
Successors from the Lists and Replacement Elections
(1)
If an elected candidate dies or refuses to accept election or if a member dies
or later withdraws from the German Bundestag for any other reason, the vacant
seat shall be filled by a candidate from the Land list of that party for which
the withdrawing member stood at the election. When a successor is to be
elected, any candidates on the list who have resigned from the party after the
Land list was drawn up shall not be taken into consideration. If the list is
exhausted, the seat shall remain vacant. The decision as to which candidate
from the list is to succeed to the seat shall be taken by the Land Returning
Officer. Article 42 (3) and Article 45 shall apply as appropriate.
(2) If the withdrawing member has been
elected as the constituency member for a political grouping standing for
election or a party which has not been allowed to submit a Land list in the
Land, a replacement election shall be held in the constituency. The replacement
election must take place not later than sixty days after the seat has become
vacant. There shall be no replacement election if it is certain that a new
German Bundestag will be elected within six months. The replacement election
shall be conducted according to the general regulations. The election date
shall be set by the Land Returning Officer. Article 41 (2) and Article 45 shall
apply as appropriate.
Section IX
Final Provisions
Contestation
Any decisions and measures directly affecting
the electoral procedure may only be contested by means
of the legal remedies provided by this Law and the Federal Electoral
Regulations and by way of the electoral scrutiny procedure.
Administrative
Offences
(1)
An administrative offence shall commit any person who
1. contrary to the provisions of
Article 11, refuses an honorary post on insubstantial grounds or evades the
responsibilities of such office without sufficient excuse or,
2. contrary to
the provisions of Article 32 (2), publishes the results of opinion polls of
voters decisions after voting before the voting period has expired.
(2) A person committing an
administrative offence within the meaning of Paragraph 1, no. 1 may be punished
with an administrative fine of to 1,000 German marks or with a fine of up to
1000,000 German marks respectively if committing an administrative offence
within the meaning of Paragraph (1), no. 2.
(3) Administrative authority within the
meaning of Article 36 (1), no. 1 of the Administrative Offences Act shall be
1. for administrative offences pursuant
to Paragraph (1), no. 1,
a) the
District Returning Officer, if a person eligible to vote unjustifiably refuses
to accept the office of Electoral Officer, Deputy Electoral Officer or Member
of the Electoral Board or of the District Electoral Committee,
b) the Land
Returning Officer, if a person eligible to vote refuses to accept the office of
a member of the Land Electoral Committee or evades the responsibilities of such
office without sufficient reason,
c) the Federal
Returning Officer, if a person eligible to vote refuses to accept the office of
a member of the Federal Electoral Committee or evades the responsibilities of
such office without sufficient reason,
2. for administrative
offences pursuant to Paragraph (1), no. 2, the Federal Returning Officer.
State Funds for
Other Constituency Nominations
(1)
Candidates of a constituency nomination which has been submitted by persons
eligible to vote pursuant to Articles 18 and 20 who have obtained at least ten
per cent of the valid first votes cast in a constituency shall receive 4.00
German marks per valid vote. The funds are to be provided for in the federal
budget.
(2) The candidate must apply to the
President of the German Bundestag in writing within two months after the
constituent assembly of the German Bundestag for the fixing and disbursement of
state funds. Applications received after that date shall not be considered. The
President of the German Bundestag shall fix the volume of state funds and
disburse the funds accordingly.
(3) The provisions of the Law on
Political Parties on absolute and relative upper limits shall not apply.
Election Costs
(1)
The Federal Government shall reimburse the Laender, likewise for their communes
(associations of communes), the necessary expenditure arising from the election
by paying of a fixed sum for each person eligible to vote, graded according to
the size of each commune.
(2) The fixed sum shall be determined
by the Federal Ministry of the Interior, with the endorsement of the Bundesrat.
The sum shall be determined without consideration being taken of current
personnel and material expenditure and costs arising from the use of premises and
facilities belonging to the Laender and communes (associations of communes).
(repealed)
Federal Electoral
Regulations
(1)
The Federal Ministry of the Interior shall issue the Federal Electoral
Regulations necessary for the implementation of this Law. It shall in
particular include therein statutory pro-visions regarding
1. the appointment of Returning
Officers and Electoral Officers, the establishment of Electoral Committees and
Electoral Boards and the activities, quorum and proceedings of the electoral
bodies,
2. appointments
to honorary electoral posts, the reimbursement of expenses to persons holding
honorary electoral posts, and the fining procedure,
3. polling,
4. the
formation of polling districts and their notification to the public,
5. the individual preconditions
concerning entry in the voters' register, the keeping of such registers, their
public display, their correction and closing, objections to and complaints
against the voters' register and the notification of persons eligible to vote,
6. the
individual preconditions concerning the granting of polling cards and their
issuance as well as objections to and complaints against the refusal of polling
cards,
7. proof that
the preconditions concerning eligibility to vote and to stand for election have
been met,
8. the
procedure to be followed according to Article 18 (2) to (4),
9. the submission, content and form of
nominations and relevant documents, their examination, the rectifying of
faults, their approval; complaints against decisions made by the District
Electoral Committee and the Land Electoral Committee as well as the
announcement of nominations,
10. the form
and content of the ballot paper and the voting envelope,
11. the
provision, furnishing and notification to the public of the polling stations as
well as devices ensuring the secrecy of the ballot and polling booths,
12. voting,
also any special arrangements required to meet special conditions,
13. the postal
ballot,
14. voting in
hospitals and nursing institutions, monasteries and convents, residential
premises with limited access as well as socio-therapeutic and penal
institutions,
15. the
establishment of the election results, their transmission and announcement and
the notification of the elected candidates,
16. the
conduct of by-elections, repeat elections and replacement elections as well as
the appointment of successors from the lists of candidates.
(2) The statutory provisions shall not require
the endorsement of the Bundesrat.
(3) The Federal Ministry of the
Interior shall be authorized to shorten the periods and deadlines prescribed in
the Federal Electoral Law and the Federal Electoral Regulations by means of an
ordinance and without the endorsement of the Bundesrat if the Bundestag is
dissolved.
Transitional
Provisions
Article 3 (4) shall apply as
appropriate to changes in Land boundaries which are undertaken pursuant to
Article 2 (2) and (3) of the Laender Establishing Act of 22 July 1960 (Federal
Law Gazette I, no. 51, p. 955).
Periods and
Deadlines
The periods and deadlines provided for
in this Law shall not be extended or changed on account of the fact that the
last day of the period in question or a particular date falls on a Saturday,
Sunday, a statutory or a legally protected public holiday. Restitution to the
former status shall be precluded.
Entry Into Force