Home > 1.1.1.3 Residence > GERMANY - Federal Electoral Regulations
 
 
 
Download file    
 
 
Section 16
 

Registration of Persons Eligible to Vote in the Voters’ Register



(1) Ex officio, all persons eligible to vote are who are registered with the registration authorities on the forty-second day before the election (qualifying date) must be entered in the voters’ register.


1. in respect of a domicile,


2. in respect of a seagoing vessel eligible to fly the German flag (Section 12 subsection (4) number 1 of the Federal Elections Act) and on which they are employed or hired to serve or undergoing training as a captain or crew member,


3. in respect of a vessel in inland navigation enrolled in a ship’s register within the Federal Republic of Germany (Section 12 subsection (4) number 2 of the Federal Elections Act),


4. in respect of a penal institution or similar establishment (Section 12 subsection (4) number 3 of the Federal Elections Act).


(2) On application those persons eligible to vote shall be entered in the voters’ register


1. pursuant to Section 12 subsection (1) of the Federal Elections Act,


a) (repealed)


b) who, without having a domicile, are otherwise habitually resident in the electoral area,


c) who are in a penal institution or similar establishment and do not have to be entered in the voters’ register ex officio under subsection (1) number 4 above,


2. pursuant to Section 12 subsection (2), first sentence of the Federal Elections Act, who do not have to be entered in the voters’ register ex officio under subsection (1) number 1 above.


(3) If a person eligible to vote who must be entered in the voters’ register pursuant to subsection 1 above moves his or her domicile and registers with the registration authority of the new place of residence prior to the beginning of the period during which the voters’ register may be inspected (Section 17 subsection (1), second sentence, of the Fed-eral Elections Act), he or she shall be entered in the voters’ register of the municipality to which he or she has moved on application only. A person eligible to vote and entered in the voters’ register pursuant to subsection (1) above who registers under a new address within the same municipality shall remain entered in the voters’ register of the polling district in which he or she was entered on the qualifying date. Upon registration, the per-son eligible to vote must be informed of the provisions of the first and second sentences above. If the entry in the register is made on application, the local authority of the munic-ipality in which the new place of residence lies shall report this immediately to the local authority of the former place of residence, which shall delete the elector from its voters’ register. If, in the case specified in the first sentence above, the local authority of the former place of residence has or later receives a notice of disqualification from voting, it shall immediately forward this information to the local authority of the new place of residence, which shall delete the person from its voters’ register; the person concerned must be informed of such a deletion.


(4) Subsection (3), first and third sentences, shall apply as appropriate to persons eligible to vote who, on the qualifying date, are not registered in respect of a domicile but register with the registration authorities in respect of a domicile prior to the period in which the voters’ register may be inspected.


(5) If a person eligible to vote who is entered in the voters’ register pursuant to subsec-tion (1) above occupies another domicile in a different municipality, which becomes his or her main residence, or moves his or her main residence to another municipality, subsection (3) above shall apply as appropriate if he or she registers with the registration authorities prior to the period in which the voters’ register may be inspected.


(6) Which domicile of a person eligible to vote is his or her main residence shall be determined by Section 21 subsection (2) of the Federal Registration Act.


(7) Before a person is entered in the voters’ register, it must be ascertained that he or she meets the voting requirements laid down in Section 12 of the Federal Elections Act and that he or she is not disqualified from voting pursuant to Section 13 of the Federal Elections Act. The municipal authority may demand an affirmation in lieu of an oath as evidence of the returning person’s eligibility to vote in accordance with Section 18 subsection (6), first sentence, in cases where this is required for checking a returning person’s eligibility to vote pursuant to Section 12 subsection (2), third sentence, of the Federal Elections Act. If registration in the voters’ register is based solely on an application, it must also be ascertained that the application has been submitted in due time and form.


(8) If the local authority of a municipality does not accede to an application for registration or deletes a person from the voters’ register, it must inform the person concerned immediately. The person concerned may appeal against the decision; he or she must be advised of this option. Section 22 subsections (2), (4) and (5) shall apply as appropriate. The periods stipulated for service of the decision (Section 22 subsection (4), first sen-tence) and for a decision on the appeal (Section 22 subsection (5), forth sentence) shall apply only if the objection has been lodged earlier than the twelfth day before the election.


(9) The local authority of the municipality must, not later than the qualifying date, advise the management of any penal institution or similar establishment within the municipality of the provisions of subsection (2) number 1 letter (c) above and of the need to inform the persons concerned if Section 27 subsection (4) of the Federal Registration Act does not provide for compulsory registration of the inmates of such establishments.