(1) A person may only be named as a candidate of a party in a constituency nomination if he or she has been elected for this purpose at a members' assembly convened to elect a constituency candidate or at a special or general delegates' assembly. A members' assembly convened to elect a constituency candidate shall be an assembly of members of the party who at the time of their meeting are eligible to vote in the German Bundestag election in their constituency. A special delegates' assembly shall be an assembly of the delegates elected by such an assembly of members from their own ranks. A general delegates' assembly shall be a general assembly appointed in accordance with the statutes of the party (Article 6 of the Law on Political Parties) by such an assembly of members from their own ranks in view of forthcoming elections.
(2) Where districts and urban districts comprise several constituencies, the candidates for those constituencies whose area does not intersect the boundary of the district or the urban district may be elected at a joint members' or delegates' assembly.
(3) The candidates and delegates for the delegates' assemblies shall be elected by secret ballot. Elections may take place no earlier than thirty-two months after the beginning of the legislative term of the German Bundestag, in the case of the delegates' assembly no earlier than twenty-three months; this shall not apply if the term ends prematurely.
(4) The executive committee of the Land branch or, where such Land branches do not exist, the executive committee of the next lower regional branch (Article 7 (2) of the Law on Political Parties) in whose area the constituency lies or another body provided for this purpose in the party's statutes may object to the decision of a members' or delegates' assembly. If such an objection is raised, the ballot shall be repeated. Its result shall be final.
(5) Further details regarding the election of delegates for the delegates' assembly, the convening and the quorum of the members' or delegates' assemblies as well as the procedure for the election of the candidate shall be set forth in the parties' statutes.
(6) A copy of the record of the election of the candidate, with details of where and when the assembly took place, the form of the invitation, the number of members present and the result of the ballot shall be submitted with the constituency nomination. In so doing, the chairperson of the assembly and two members present designated by it shall give the District Returning Officer an assurance in lieu of an oath to the effect that the election of the candidate was by secret ballot. The District Returning Officer shall be responsible for accepting such an assurance in lieu of an oath; he shall be considered an authority within the meaning of Article 156 of the Penal Code.
