Home > 1.1.1.3 Residence > GERMANY – Federal Elections Act (amended March 2024)
 
 
 
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Section 12
 

Eligibility to Vote
(1) All Germans as defined in Article 116 paragraph (1) of the Basic Law are eligible to vote, provided that, on the day of the election, they
1. have reached the age of eighteen years,
2. have had an abode or have otherwise been habitually resident in the Federal Republic of Germany for at least three months, and
3. are not disqualified from voting under section 13.
(2) Provided the other conditions are fulfilled, Germans as defined in Article 116 paragraph (1) of the Basic Law who are resident outside the Federal Republic of Germany on the day of election are also eligible to vote provided that,
1. after reaching the age of fourteen years, they have had an abode or have been habitually resident in the Federal Republic of Germany for a minimum of three months without interruption, provided that this stay took place within the last twenty-five years, or
2. for other reasons, they have become familiar, personally and directly, with the political situation in the Federal Republic of Germany and are affected by it.
A previous abode or residence in the territory specified in Article 3 of the Unification Treaty is also considered an abode or habitual residence within the meaning of the first sentence. The three-month period pursuant to subsection (1) number 2 does not apply if a person who is eligible to vote under the first sentence returns to the Federal Republic of Germany.
(3) For the purposes of this Act, an abode is any enclosed space used for dwelling or sleeping. Caravans and houseboats, however, are only considered abodes if they are not moved at all or only occasionally.
(4) If they do not have or have not had an abode in the Federal Republic of Germany, an abode as defined in subsection (1) number 2 or subsection (2), first sentence, is:
1. for sailors and the members of their households, the ship they occupy, provided that the ship is entitled to fly the German flag under the Flag Act (as amended),
2. for inland waterway sailors and the members of their households, the ship they occupy, provided that the ship is on a shipping register in the Federal Republic of Germany,
3. for persons serving a term of imprisonment imposed by a court of law and for other persons placed in an institution or facility, the respective institution or facility.
(5) The day on which the abode is occupied or the residence begins must be included in the calculation to determine the three-month period pursuant to subsection (1) number 2 and subsection (2), first sentence.