Establishment of Electoral Bodies
(1) The Federal Returning Officer and his or her deputy are appointed by the Federal Ministry of the Interior and Community; the Land Returning Officers, Constituency Returning Officers and Electoral Officers and their deputies are appointed by the Land Government or the body designated by it.
(2) The Federal Electoral Committee consists of the Federal Returning Officer as Chair, eight eligible voters who have been appointed as assessors by the Federal Returning Officer, and two judges of the Federal Administrative Court. The other Electoral Committees are composed of the Returning Officer as Chair and six eligible voters appointed as assessors by the Returning Officer; two judges of the Land’s Higher Administrative Court must also be appointed to each Land Electoral Committee. The Electoral Boards consist of the Electoral Officer as Chair, his or her deputy and three to seven other eligible voters appointed as assessors by the Electoral Officer; the Land Government or the body designated by it may order that the assessors of the Electoral Board be appointed by the municipal authority and the assessors of the Electoral Board for the establishment of the postal ballot result be appointed by the Constituency Returning Officer, and in the event of an order pursuant to section 8 subsection (3), by the municipal or administrative district authority alone or in concurrence with the Electoral Officer. When assessors are appointed, the political parties represented in the district must be considered where possible.
(3) No one may be a member of more than one electoral body. Candidates standing for election, spokespersons for nominations, and deputy spokespersons may not be appointed as members of an electoral body.
(4) The municipal authorities are authorised to collect and process personal data of eligible voters for the purpose of appointing them as members of Electoral Boards. For this purpose, personal data of eligible voters who are suitable for appointment to Electoral Boards may also be processed for future elections unless the person concerned has objected to the processing of the data. The person concerned must be informed of the right to object. The following data may be collected and processed: surname, first name, date of birth, address, telephone numbers, number of appointments as member of an Electoral Board and position held.
(5) To ensure that an election can be held, the authorities of the Federation, federal corporate bodies, institutions and foundations under public law, authorities of the Länder, municipalities and associations of municipalities and any other legal persons governed by public law and subject to Land supervision are obliged, at the request of the municipal authorities, to name members of their staff who reside in the territory of the requesting municipal authority, stating their surnames, first names, dates of birth and addresses, for the purpose of their appointment as members of Electoral Boards. The authority requested to do so must notify the person concerned of the data passed on and of the data recipient.