(1) If an elected candidate dies or informs the Land Returning Officer in writing that he refuses to accept membership 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 elected candidate or former member stood at the election. When a successor is to be selected, any candidates on the list who have re-signed from the party after the Land list was drawn up or have become members of an-other party shall not be taken into consideration. Candidates on the list who as elected constituency candidates have refused membership or have resigned as members of the German Bundestag shall also be disregarded. If the list is exhausted, the seat shall re-main vacant. The decision as to which candidate from the list is to succeed to the seat shall be taken by the Land Returning Officer. He shall notify the successor from the list and invite him or her to state in writing within a week whether he or she accepts election.
(2) If the withdrawing member has been elected as the constituency member for a po-litical 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 re-placement 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 Bundes-tag will be elected within six months. The replacement election shall be conducted ac-cording to the general regulations. The election date shall be set by the Land Returning Officer. Section 41 shall apply as appropriate.
