Home > 1.3.2.2 Voting procedures > GERMANY - Federal Electoral Regulations
 
 
 
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Section 56
 

Voting


(1) Upon entering the polling station, the voter shall receive an official ballot paper. To this end, the Electoral Board may require the voter to show his or her voter’s notice.


(2) The voter shall enter the polling booth, and mark and fold his or her ballot paper there in a way ensuring that it cannot be seen how he or she has cast his or her vote. It is not permitted to take photos or videos in the polling booth. The Electoral Board shall take care to ensure that only one voter is in a polling booth at any time and that each voter only stays there as long as necessary.


(3) The voter shall then proceed to the table of the Electoral Board. Upon request, the voter shall hand over his or her voter’s notification and produce some means of personal identification, particularly if he or she does not hand over the voter’s notice.


(4) As soon as the clerk has found the name of the voter in the voters’ register and the voter's eligibility to be has been ascertained, and if there are no grounds for turning the voter away pursuant to subsections (6) and (7), the Electoral Officer shall permit the voter access to the ballot box. The voter shall put the folded ballot paper in the ballot box. The clerk shall record the casting of the vote in the designated column of the voters’ register. The members of the Electoral Board are not authorized, except for the purpose of ascertaining a voter's eligibility to vote, to announce personal details of the voter in such a way that these may be noted by other persons present at the polling station.


(5) (Repealed)


(6) The Electoral Board must turn away any voter who


1. is not registered in the voters’ register and does not possess a polling card,


1a. is unable produce some means of personal identification when asked to do so by the electoral board or refuses to cooperate in the process of establishing his or her identity,


2. does not present a polling card although there is an acknowledgment of receipt in the voters’ register (Section 30) unless it is ascertained that the voter is not registered in the polling card register,


3. already has an acknowledgment of voting in the voters’ register, unless the voter presents proof that he or she has not yet voted,
4. has marked or folded his or her ballot paper outside the polling booth,


5. has folded his or her ballot paper in a way allowing other persons to see how he or she has voted or who has put a visible sign on the ballot paper that evidently endangers the secrecy of the ballot,


5a whom they find taking photos or videos in the polling booth,


6. whom they find trying to insert one or several ballot papers not officially produced into the ballot box or to put an object in together with the ballot paper.
Any voter fulfilling the requirements stipulated in the first sentence, number 1 who has not lodged an objection, having assumed on the basis of the notice received by him or her that he or she is registered in the voters’ register, must, on being turned away, be informed, if appropriate, that he or she may apply to the local authority for a polling card until 3 p.m.


(7) If an Electoral Officer feels bound to question the eligibility to vote of a person registered in the voters’ register, or if any of the Electoral Board expresses doubt about permitting a voter to cast his or her vote, the Electoral Board shall decide on permission or refusal. The decision shall be minuted in the election record.


(8) If the voter makes a mistake on his or her ballot paper or accidentally renders the ballot paper unusable, or if the voter is turned away pursuant to subsection (6) numbers 4 to 6 above, the voter may request a new ballot paper after he or she has destroyed the old ballot paper in the presence of an Electoral Board member.