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Article 36

Approval of Constituency Nominations

(1) The District Returning Officer shall invite the spokespersons for the constituency nominations to the meeting at which the decision is to be taken on the approval of the constituency nominations.

(2) The District Returning Officer shall submit all constituency nominations received to the District Electoral Committee and report to it on the result of the preliminary examination.

(3) The District Electoral Committee shall examine the constituency nominations received and decide to approve or reject them. Prior to a decision being taken, the spokesperson for the nomination concerned shall, if present, be given the opportunity to speak.

(4) The District Electoral Committee shall set forth the approved constituency nominations, stating the details required under Article 34 (1), sentence 2. If, in any other constituency nomination (Article 20 (3) of the Law), the identifying word is omitted or conveys the impression that the constituency nomination comes from a political party or is liable to cause confusion with a previously submitted constituency nomination, the constituency nomination shall be given the name of the candidate as its identifying word. If the names of two or more parties or their shortened forms give rise to confusion, the District Electoral Committee shall add a distinguishing designation to one of the nominations; where the Land Electoral Committee has established a means of distinction (Article 41 (1)), such means shall be adopted.

(5) As soon as the decision has been taken by the District Electoral Committee, the District Returning Officer shall announce it at the meeting, summarizing the reasons and indicating the legal remedies that can be used.

(6) The record of the meeting (Article 5 (7)) shall be drawn up in accordance with the specimen at Annex 19; the approved constituency nominations, in the form adopted by the District Electoral Committee, shall be appended to the record.

(7) Immediately after the meeting, the District Returning Officer shall forward a copy of the record to the Land Returning Officer and the Federal Returning Officer, making particular reference to decisions which he or she deems questionable. It shall be incumbent upon him or her to provide the Federal Returning Officer on request with all the information required for an appeal and to make any observations necessary.