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Article 95
 

(1) The legislation of the Laender is carried out by the Diets. The Diets are elected by equal, direct, personal, free and secret suffrage on the basis of proportional represenation by the male and female Land citizens who in accordance with the Diet electoral regulations are entitled to vote. Land law regulates the detailed provisions respecting the electoral procedure and, if need be, the compulsory voting. This Land law shall in particular prescribe the grounds on which non-participation in the election notwithstanding compulsory voting is deemed to be excused. The constiution of a Land may provide that nationals, who had a residence in the Land, before moving their domicile abroad are entitled to vote for the duration of this sojourn abroad, for a maximum period of ten years.


(2) The Diet electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than does the Federal Constitution for elections to the National Council.


(3) The voters exercise their franchise in self-contained constituencies which can be divided into self-contained regional constituencies. The number of deputies shall be divided among the constituencies in proportion to the numbers of inhabitants . The Diet electoral regulations can provide for a final distribution procedure throughout the Land whereby a balance between the seats allocated to the candidate parties in the constituencies and likewise a distribution of the as yet unallocated seats is effected in accordance with the principles of proportional representation. A division of the electorate into other electoral bodies is not admissible.


(4) Detailed regulations on the election procedure shall be determined by the Diets´Standing Orders. Art. 26 para 6 is to be applied accordingly. (5) To public employees who seek a seat in the Diet or who are elected to membership of a Diet, Art. 59a shall apply, stricter regulations are admissible. Land constitutional law can create an institution with the same powers and the same obligation to publicize a report as those of the Commission under Art. 59b.


(5) To public employees who seek a seat in the Diet or who are elected to membership of a Diet, Art. 59a shall apply, stricter regulations are admissible. Land constitutional law can create an institution with the same powers and the same obligation to publicize a report as those of the Commission under Art. 59b.