Appointment of Successors from the Lists and Replacement Elections
(1) If an elected candidate dies or refuses to accept election or if a member dies or later withdraws from the German Bundestag for any other reason, the vacant seat shall be filled by a candidate from the Land list of that party for which the withdrawing member stood at the election. When a successor is to be elected, any candidates on the list who have resigned from the party after the Land list was drawn up shall not be taken into consideration. If the list is exhausted, the seat shall remain vacant. The decision as to which candidate from the list is to succeed to the seat shall be taken by the Land Returning Officer. Article 42 (3) and Article 45 shall apply as appropriate.
(2) If the withdrawing member has been elected as the constituency member for a political grouping standing for election or a party which has not been allowed to submit a Land list in the Land, a replacement election shall be held in the constituency. The replacement election must take place not later than sixty days after the seat has become vacant. There shall be no replacement election if it is certain that a new German Bundestag will be elected within six months. The replacement election shall be conducted according to the general regulations. The election date shall be set by the Land Returning Officer. Article 41 (2) and Article 45 shall apply as appropriate.
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