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Article 44
 

Repeat Election

(1) If an election is declared wholly or party invalid as a result of the scrutiny proceedings, it shall be repeated as required by the respective decision.

(2) The repeat election shall take place in accordance with the same regulations, with the same nominations and, provided it is within than six months of the general election, on the basis of the same voters' registers as the general election, unless the decision reached in the course of electoral scrutiny proceedings should prescribe otherwise with regard to the constituency nominations and the voters' registers.

(3) The repeat election must take place not later than sixty days after the decision by which the election was declared invalid has entered into force. Where the election has been declared only partially invalid, there shall be no repeat election if it is certain that a new German Bundestag will be elected within six months. The date of the repeat election shall be set by the Land Returning Officer or, in the case of a repeat election for the whole electoral area, by the Federal President.

(4) The election result shall be newly established on the basis of the repeat election, in accordance with the regulations laid down in Section VI. Articles 41 (2) and 42 (3) shall apply as appropriate.