Home > 2.9 Electoral offences and sanctions > GERMANY - Federal Elections Act
 
 
 
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Article 49
 

Administrative Offences


(1) An administrative offence shall be committed by any person who


1. contrary to the provisions of Section 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 Section 32 subsection (2), publishes the results of opinion polls of voters’ decisions after voting before the voting period has expired.


(2) A person may be punished with an administrative fine of up to five hundred Euro for committing an administrative offence within the meaning of subsection (1) number 1 or with a fine of up to fifty thousand Euro for committing an administrative offence within the meaning of subsection (1) number 2.


(3) Administrative authority within the meaning of Section 36 subsection (1) number 1 of the Administrative Offences Act shall be


1. for administrative offences pursuant to subsection (1) number 1,


a) the Constituency Returning Officer, if a person eligible to vote unjustifiably re-fuses to accept the office of Electoral Officer, Deputy Electoral Officer or Mem-ber of the Electoral Board or of the Constituency Electoral Committee,


b) the Land Returning Officer, if a person eligible to vote refuses to accept the of-fice of a member of the Land Electoral Committee or evades the responsibili-ties 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 responsi-bilities of such office without sufficient reason,


2. for administrative offences pursuant to subsection (1) number 2 the Federal Return-ing Officer.