Selection of Party Candidates
(1) A person may only appear as a party candidate on a constituency nomination form if he or she is not a member of another party and has been elected for this purpose at a members' assembly convened to elect a constituency candidate or at a special or general
delegates' assembly. A members' assembly convened to elect a constituency candidate is an assembly of members of the party who at the time of the meeting are eligible to vote in the German Bundestag election in their constituency. A special delegates' assembly is an assembly of the delegates which such an assembly of members has elected from their own ranks. A general delegates' assembly is a general assembly appointed in accordance with the statutes of the party (section 6 of the Political Parties Act) by such an assembly of members from their own ranks in view of forthcoming elections.
(2) Where districts and urban districts comprise several constituencies, the candidates for those constituencies whose area does not intersect the boundary of the district or urban district may be elected at a joint members' or delegates' assembly.
(3) The candidates and the delegates for the delegates' assemblies are elected by secret ballot. Proposals can be submitted by all those attending the assembly who have voting rights. Candidates must be given the opportunity and time to duly introduce themselves and present their programmes to the assembly. Elections may take place no earlier than thirty-two months after the commencement of the legislative term of the German Bundestag, in the case of the delegates' assembly no earlier than twenty-nine months; this does not apply if the term ends prematurely.
(4) The executive committee of the Land branch or, where such Land branches do not exist, the executive committee of the next lower regional branch in whose area the constituency lies or another body provided for this purpose in the party's statutes may object to the decision of a members' or delegates' assembly. If such an objection is raised, the ballot must be repeated. Its result is final.
(5) Further details regarding the election of delegates for the delegates' assembly, the convention of the members' or delegates' assemblies, the respective quorum, and the procedure for the election of the candidate are set forth in the parties' statutes.
(6) A copy of the record of the candidate’s election containing details of where and when the assembly took place, the form of invitation, the number of members present and the result of the ballot must be submitted together with the constituency nomination. In so doing, the chairperson of the assembly and two members designated by the assembly
must give the Constituency Returning Officer an affirmation in lieu of an oath to the effect that the requirements specified in subsection (3), first to third sentences, have been observed. The Constituency Returning Officer is responsible for accepting such an affirmation in lieu of an oath; the Constituency Returning Officer is considered an authority within the meaning of section 156 of the Penal Code.