Home > 4 Types of elections > GERMANY – Federal Elections Act (amended March 2024)
 
 
 
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Section 44
 

Repeat Election
(1) If an election is declared wholly or partly invalid as a result of the electoral scrutiny procedure, it must be repeated as required by the respective decision.
(2) The repeat election takes place in accordance with the same regulations, with the same nominations and, provided it is held within six months of the main election, on the basis of the same electoral registers as the main election unless the decision reached in the course of the electoral scrutiny procedure prescribes otherwise with regard to the nominations and the electoral registers.
(3) The repeat election must take place not later than sixty days after the decision by which the election was declared invalid has entered into force. Where the election has been declared only partially invalid, no repeat election takes place if it is certain that a new German Bundestag will be elected within six months. The date of the repeat election is set by the Land Returning Officer or, in the case of a repeat election for the whole electoral area, by the Federal President.
(4) The election result is newly established on the basis of the repeat election in accordance with the provisions of Part VI. The Returning Officers in charge pursuant to section 42 subsection (2), second sentence, and subsection (3), second sentence, notify the elected candidates and invite them to state in writing within one week whether they accept the election.