Appointment of Successors from the Lists
(1) Provided that the preconditions for a succession from the list are met, the Land Re-turning Officer shall notify the next candidate on the list by means of a served notice (Section 87 subsection (1)) and advise him of the provisions of Section 45 subsection (3) of the Federal Elections Act. He shall invite him to state in writing within a week whether he accepts election, and affirm in lieu of an oath that he has not resigned from the party submitting the list or become a member of another party. For receiving the affirmation in lieu of an oath, Section 21 subsection (6), third sentence, of the Federal Elections Act shall apply as appropriate.
(2) The Land Returning Officer shall communicate to the Federal Returning Officer and the President of the German Bundestag the surname, forenames, occupation or status and address (main residence) of the successor from the list as well as the date on which the declaration of acceptance was received from the latter. The Land Returning Officer shall proceed accordingly if a Member of the Bundestag elected directly in a constituency leaves the Bundestag and there is no list candidate succeeding him or her. In the case specified in Section 45 subsection (3), third sentence, of the Federal Elections Act, the Land Returning Officer shall intimate the date on which notice was served.
(3) Pursuant to Section 79 subsection (1), the Federal Returning Officer shall publicly announce which candidate has entered the German Bundestag and forward a copy of the announcement to the President of the German Bundestag. The Federal Returning Officer shall proceed accordingly if a Member of the Bundestag elected directly in a constituency leaves the Bundestag and there is no list candidate succeeding him or her.
(4) A non-elected candidate shall forfeit the right of succession from the list if he or she submits a written statement of refusal to the Land Returning Officer. The refusal is irrevocable.