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When otherwise not stipulated by this Law, decisions shall be taken by majority vote ; in the case of a tie the Chairman shall have the casting vote. The Members of the Electoral Committees and the Members of the Electoral Boards shall perform their functions in an honorary capacity. Every person entitled to vote shall be bound to accept this honorary post if it is offered to him or her. The honorary post may be refused only on substantial grounds.
Upon their return to the Federal Republic of Germany, the period of three months provided for in Paragraph 1 , No. For the application of Nos. Caravans and house-boats, however, shall only be considered to be domiciles if they are not or only occasionally moved. The Federal President shall decide the day on which the general election is to take place election day. The election day must fall on a Sunday or on a statutory public holiday.
Such notification must include the name to be used by the party in the election. It must be personally signed by at least three members of the national executive committee, including the chairman or his deputy. If it is incomplete he shall inform the executive committee without delay, requesting that the missing information be furnished. After the time limit for the submission of such notification has expired, only deficiencies in otherwise valid notifications may be rectified. A notification shall not be deemed valid if.
Once a decision recognizing a party has been taken, any further action to remove deficiencies shall be ruled out. Constituency nominations shall be submitted in writing to the Constituency Returning Officer, and Land lists to the Land Returning Officer not later than 6 p. Each candidate may only be named in one constituency and there only in one nomination.
A person may only be nominated if he or she has given his or her consent in writing ; such consent shall be irrevocable. Constituency nominations by parties referred to in Article 18, Paragraph 2 above must in addition bear the personal and handwritten signatures of at least persons entitled to vote from the constituency ; entitlement to vote must exist at the time of signing the nomination and proof thereof must be furnished with the nomination.
The requirement to present signatures shall not apply to constituency nominations by parties representing national minorities. Paragraph 2 , second sentence shall apply mutatis mutandis. An assembly of party members for the selection of a constituency candidate shall be an assembly of members of the party who at the time of their meeting are entitled to vote in the election to the Bundestag within their constituency. A special assembly of party representatives shall be an assembly of delegates elected by such an assembly of party members from their own ranks.
The Federal Ministry of the Interior shall immediately forward it to the Bundestag and shall publish it in the Federal Official Bulletin. Provision is to be made in the Federal Budget for these funds. The decison shall be made public in the meeting of the Land Electoral Committee. The electoral board may eject from the polling station any persons causing a disturbance. The persons concerned attending the appeal proceedings shall be heard.
A general assembly of party representatives shall be an assembly appointed in general by such an assembly of party members from their own ranks in view of forthcoming elections in accordance with the statutes of the party concerned Article 6 of the Law on Political Parties. If such objection is raised, the ballot shall be repeated. Its result shall be final. In so doing, the chairman of the assembly and two participants designated by it shall give to the Constituency Returning Officer an assurance in lieu of an oath to the effect that the selection of the candidates has taken place by secret ballot.
The Constituency Returning Officer shall have competence to administer such an assurance in lieu of an oath ; he shall be deemed to constitute an authority within the meaning of Article of the Penal Code.
A constituency nomination signed by at least persons entitled to vote may also be withdrawn by the majority of the signatories through a statement bearing their personal and handwritten signatures. The procedure laid down in Article 21 need not be adhered to and the signatures as provided in Article 20, Paragraphs 2 and 3 shall not be required. After a decision has been made on the acceptance of a constituency nomination Article 26, Paragraph 1 , first sentence alterations of any kind shall be excluded.
If he discovers errors or defects in a constituency nomination he shall immediately notify the spokesperson and demand that such errors or defects as can be corrected be remedied in due time. A nomination shall not be valid if.
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It shall reject nominations if they. The decision shall be announced at the meeting of the Constituency Electoral Committee. The spokesperson for the constituency nomination, the Federal Returning Officer, and the Constituency Returning Officer shall be entitled to appeal. The Federal Returning Officer and the Constituency Returning Officer may also appeal against a decision by which a constituency nomination is accepted.
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. They must bear the personal and handwritten signatures of the executive committee of the Land party organization or, where Land organizations do not exist, those of the executive committees of the next lower regional organizations Article 7, Paragraph 2 , of the Law on Political Parties existing within the territory of the Land ; moreover, in the case of the political parties mentioned in Article 18, Paragraph 2 , they must be so signed by one per thousand of the persons entitled to vote in the Land at the last elections to the Bundestag, but by not more than 2, persons entitled to vote.
Persons signing the Land list of one of the parties referred to in Article 18, Paragraph 2 must be entitled to vote at the time of signing the list ; proof of this entitlement must also be furnished when submitting the Land lists. The requirement to present additional signatures shall not apply to Land lists of parties representing national minorities. Only such persons as have given their consent in writing may be named in a Land list ; such consent shall be irrevocable.
It shall reject Land lists if they. If a list fails to meet the requirements in respect only of individual candidates their names shall be deleted from the Land list. The decison shall be made public in the meeting of the Land Electoral Committee. The spokesperson for the Land list and the Land Returning Officer shall be entitled to appeal. The Land Returning Officer may also appeal against a decision by which a Land list is accepted. The decision shall be made public in the meeting of the Federal Electoral Committee. The remainder of the Land lists shall follow in the alphabetical order of the names of the parties.
The order of the constituency nominations shall be the same as the order of the corresponding Land lists. Other constituency nominations shall follow in the alphabetical order of the names of the parties or of the code names. Polling shall be public. The electoral board may eject from the polling station any persons causing a disturbance. Ballot boxes for the reception of the envelopes must be such that they ensure the preservation of the secrecy of the ballot. They must be officially licensed in their design to be used at elections to the Bundestag for individual elections or on a general scale.
The Federal Ministry of the Interior shall decide on the licensing of a voting machine on the application of its manufacturer. The use of an officially licensed voting machine shall be subject to approval by the Federal Ministry of the Interior. Such approval may be pronounced in respect of individual elections or with general effect.
In the cases provided for in Nos. Article 33, Paragraph 2 shall apply mutatis mutandis. If the sender chooses a special form of dispatch he must pay the amount in excess of the otherwise applicable letter rate. After the closing of the poll the Electoral Board shall establish how many votes have been cast in the polling district for the individual constituency nominations and Land lists. Used to think several of the principles explained inside the book are typical sense, on the other hand found it may the simple for someone to react quickly to conflicts.
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Agreement of 29 October , as amended up to and including 8 June more…. October 25, 8: Translation provided by Inter Nationes and reproduced with kind permission. The provisions of Articles 1 1 and 2 of the 13th Law to amend the Federal Electoral Law have not yet entered into force. They shall not apply to the elections to the 14th Bundestag and are therefore printed separately. August 16, 1: