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Section 76
 

Establishment and Declaration of the Election Result in the Constituency



(1) The Constituency Returning Officer shall examine the election records of the Electoral Boards for completeness and due form. On the basis of the election records, he or she shall compile the final result of the election in the constituency and of the election by Land list, recording the result by polling districts and Postal Ballot Boards in accordance with the specimen at Annex 30. The Constituency Returning Officer shall compile subtotals for the municipalities and districts and, in the event of an order pursuant to Section 8 subsection (3) of the Federal Elections Act, for the postal ballot results also. If doubts arise about the proper conduct of the election on account of the election record or for any other reasons, the Constituency Returning Officer shall resolve them wherever possible.


(2) After the report by the Constituency Returning Officer, the Constituency Electoral Committee shall ascertain the election result for the constituency and shall declare


1. the number persons eligible to vote,


2. the number of actual voters,


3. the numbers of valid and invalid first votes,


4. the numbers of valid and invalid second votes,


5. the numbers of valid first votes cast for each candidate,


6. the numbers of valid second votes cast for each Land list.


The Constituency Electoral Committee is authorized to correct figures calculated by the Electoral Board and to take diverging decisions on the validity of votes cast. It shall make a note in the election record of any unresolved doubts.


(3) The Constituency Electoral Committee shall also declare which candidate is duly elected for the constituency.


(4) If, in the constituency election, the candidate named in any other constituency nomination (Section 20 subsection (3) of the Federal Elections Act) or, in the Land list election, the candidate of a party without an approved Land list in the Land in question has been elected, the Constituency Returning Officer shall call in from each local authority the ballot papers on which a vote has been cast for that candidate and shall add to them the ballot papers received in the postal ballot as well as those bearing votes for that candidate that are appended to the election record. The same shall apply if the candidate of a party has been elected which shall be disregarded in the allocation of seats in accordance with the provisional election result established for the electoral area (Section 71 subsection (5)) or after the Federal Returning Officer has finally declared the shares of votes falling to the individual parties in the electoral area and the number of constituency seats won by the individual parties in the electoral area (Section 78 subsection (1), second sentence, numbers 3 and 4) and pursuant to Section 6 subsection (3) of the Federal Elections Act. The Constituency Electoral Committee shall declare how many second votes are to be disregarded pursuant to Section 6 subsection (1), second sentence, of the Federal Elections Act and from which Land lists they are to be deducted.


(5) Following declaration, the Constituency Returning Officer shall announce the election result orally, stating the details specified in subsection (2), first sentence, as well as in subsections (3) and (4).


(6) The record of the meeting (Section 5 subsection (7)) shall be drawn up in accordance with the specimen at Annex 32. The record and the appended compilation of the election result in accordance with the specimen at Annex 30 shall be signed by all members of the Constituency Electoral Committee who attended the meeting and by the protocolist.


(7) Following the oral announcement of the final election result, the Constituency Returning Officer shall inform the elected candidate and advise him or her of the provisions of Section 45 subsection (1) of the Federal Elections Act; in the case of a replacement election (Section 48 subsection (2) of the Federal Elections Act), of the provisions of Section 45 subsections (1) and (2) of the Federal Elections Act. In the case of a repeat election (Section 44 of the Federal Elections Act), the Constituency Returning Officer shall inform the candidate elected by means of a served notice (Section 87 subsection (1)) and advise him or her of the provisions of Section 45 subsection (3) of the Federal Elections Act.


(8) The Constituency Returning Officer shall forward a copy of the record of the meeting and the accompanying compilation to the Land Returning Officer and the Federal Returning Officer by the quickest means.


(9) The Land Returning Officer shall inform the Federal Returning Officer and the Presi-dent of the German Bundestag immediately if the candidate elected has refused election. In the case of a repeat election (Section 44 of the Federal Elections Act), the Constituency Returning Officer shall furthermore inform the Land Returning Officer, the Federal Returning Officer and the President of the German Bundestag immediately upon expiration of the deadline specified in Section 44 subsection (4), second sentence, of the Federal Elections Act of the date on which the declaration of acceptance by the elected candidate was received. In the case specified in Section 45 subsection (3), third sentence, of the Federal Elections Act, the Constituency Returning Officer shall impart the date on which notice was served.