Final Establishment and Declaration of the Election Result by Land List

(1) The Federal Returning Officer shall examine the election records of the Land Electoral Committees. On the basis of the election records of the Land and Constituency Electoral Committees, he or she shall establish

1. the number of second votes cast for the Land lists of each party,

2. the total number of valid second votes cast in the electoral area,

3. the votes of the various parties as a percentage of the total number of valid second votes cast in the electoral area,

4. the number of constituency seats won by the parties in the electoral area,

5. the adjusted numbers of second votes cast for the Land lists of each party,

6. the number of successful constituency candidates that is deducible from the total number of deputies pursuant to Section 6 subsection (1), third sentence, of the Federal Elections Act, and

7. the number of seats to be allocated in the initial distribution (Section 6 subsection (2), first sentence, of the Federal Elections Act) to the Länder in accordance with their population proportion (Section 3 subsection (1) of the Federal Elections Act) on the basis of the latest official population figures.
If this leads to changes compared with the provisional election result for the electoral ar-ea (Section 71 subsection (5)) as regards the parties to be taken into consideration in the distribution of seats pursuant to Section 6 subsection (3) of the Federal Elections Act, the Federal Returning Officer shall inform the Constituency Returning Officers and the Land Returning Officers concerned with regard to Section 76 subsection (4) and Section 77 subsection (2) number 5 by the quickest means available and establish the figures on the basis of the altered records of the Constituency Electoral Committees and the Land Electoral Committees. In accordance with the provision of Section 6 of the Federal Elections Act, he or she shall calculate the number of votes for the Land lists and for the parties as well as the total number of seats and allocate the seats to the parties and their Land lists.

(2) After the report by the Federal Returning Officer, the Federal Electoral Committee shall ascertain the overall result of the election by Land list and shall declare for the electoral area

1. the number of persons eligible to vote,

2. the number of voters,

3. the numbers of valid and invalid second votes,

4. the numbers of valid second votes accredited to the parties, and

5. the parties which, pursuant to Section 6 subsection (6) of the Federal Elections Act,

a) shall be taken into consideration in the allocation of list seats,

b) shall be disregarded in the allocation of list seats,

6. the adjusted numbers of second votes accredited to the parties,

7. the number of seats accredited to the parties and Land lists,

8. which Land list candidates have been duly elected.

The Federal Electoral Committee is authorized to correct figures calculated by the Land Electoral Committees.

(3) Following the establishment and declaration of the election result, the Federal Returning Officer shall announce it orally, stating the details specified in subsection (2), first sentence, numbers 1 to 7. At the same time, the Federal Returning Officer shall intimate that he or she will promulgate the declaration defined in subsection (2), first sentence, number 8 by means of a notice to be posted in the conference room.

(4) Section 76 subsection (6) shall be applied as appropriate.

(5) The Federal Returning Officer shall inform the Land Returning Officers on which Land list candidates have been duly elected