Attainment of Membership of the German Bundestag
(1) An elected candidate attains membership of the German Bundestag after the final establishment of the election result for the electoral area by the Federal Electoral
Committee (section 42 subsection (3), first sentence) with the opening of the first meeting of the German Bundestag following the election. A refusal of membership must be declared in written form to the Land Returning Office before the first meeting. A declaration with reservations is considered a refusal. The declaration is irrevocable.
(2) In the case of succession (section 48 subsection (1)) or a repeat election (section 44), membership of the German Bundestag is attained once the Returning Officer in charge has received the declaration of acceptance in response to the notification within the prescribed period and in the prescribed form but not before the member elected as a result of the original election has vacated his or her seat. If an elected candidate refuses membership of the German Bundestag and the declaration of acceptance of the successor has been received before the opening of the first German Bundestag meeting after the election, the successor will receive membership once that meeting is opened. If the successor or the candidate elected in a repeat election fails to make a declaration or fails to make it in due form before the expiration of the legally prescribed period, the succession or election is considered accepted at the time of expiration. Subsection (1), third and fourth sentences, applies accordingly.