Download file    
 
 
Section 3
 

Constituency Commission and Delimitation of Constituencies



(1) When dividing the electoral area into constituencies, the following principles shall be observed:


1. The Länder boundaries shall be respected.


2. The number of constituencies in the individual Länder shall correspond to the pop-ulation proportion as far as possible. It shall be calculated in accordance with the procedure used to determine the distribution of seats among the Land lists in keeping with Section 6 subsection (2), second to seventh sentences.


3. The population of a constituency should not deviate from the average population of the constituencies by more than 15 per cent in either direction; where the deviation is greater than 25 per cent, the boundaries shall be redrawn.


4. Each constituency should form a coherent area.


5. Where possible, the boundaries of the municipalities, districts and urban districts should be respected.


In the determination of population figures, aliens (Section 2, subsection (1) of the Residence Act) shall not be taken into account.


(2) The Federal President shall appoint a permanent Constituency Commission. It shall consist of the President of the Federal Statistical Office, a judge from the Federal Administrative Court, and five other members.


(3) The Constituency Commission has the task of reporting changes in the population figures in the electoral area and to show whether and which changes in the division of the electoral area into constituencies it considers necessary. In its report, it may also propose changes for other reasons. When making its proposals concerning the division of the electoral area into constituencies, it shall observe the principles specified in subsection (1); if the calculation carried out in accordance with subsection (1) number 2 produces several possible divisions, the Commission shall prepare proposals.


(4) The report of the Constituency Commission must be submitted to the Federal Minis-try of the Interior within fifteen months of the beginning of the legislative term of the Bundestag. The Federal Ministry of the Interior shall forward it to the Bundestag immediately and publish a note in the Federal Bulletin referring to its publication as a Bundestag printed paper. On the request of the Federal Ministry of the Interior, the Constituency Commission must submit a supplementary report; in this case, the second sentence shall apply as appropriate.


(5) Whenever Land boundaries are altered in accordance with the statutory provisions governing the procedure for other changes in the territory of the Laender pursuant to Article 29 paragraph (7) of the Basic Law, the boundaries of the constituencies affected shall also be altered correspondingly. Whenever two or more constituencies are affected in the incorporating Land or an exclave of a Land is formed, the constituency to which the new
part of the Land belongs shall depend on the constituency to which the municipality, the communal district, or the non-communal area to which it has been added belongs. Changes in Land boundaries which are made after the thirtysecond month after the beginning of the legislative term shall not affect the division into constituencies until the following legislative term.