Home > 1.3.2.2.2 Distance voting > GERMANY – Federal Elections Act (amended March 2024)
 
 
 
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Section 36
 

Postal Ballot
(1) When voting by postal ballot, the voter must send the Constituency Returning Officer of the constituency in which his or her polling card was issued the sealed official return envelope containing
a) his or her polling card and,
b) in a separate sealed ballot paper envelope, his or her ballot paper
in good time to ensure that the postal ballot return letter is received not later than 6 p.m. on election day. Section 33 subsection (2) applies accordingly.
(2) The voter or the person assisting the voter must indicate on the polling card that he or she gives an affirmation in lieu of an oath to the Constituency Returning Officer that the ballot paper has been marked either personally or in accordance with the declared intent
of the voter. 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 Criminal Code.
(3) In the event of an order from the Land government, or the body designated by it, pursuant to section 8 subsection (3), the place of the Constituency Returning Officer specified in subsection (1), first sentence, and in subsection (2) is taken by the municipal authority that has issued the polling card or the administrative authority of the district in which this municipality lies.
(4) Postal ballot return letters may be posted free of charge through any postal company made known officially before the election as letter-post items without any special form of dispatch if they are in official return envelopes. Anyone who uses a special form of dispatch must pay the amount in excess of the letter forwarding rate otherwise applicable. The Federal Government bears the costs of the free forwarding of the postal ballot return letters.