Appointment of Successors
(1) If a candidate elected as per section 6 subsection (1) or (4) dies or informs the Land Returning Officer in writing that he or she refuses to accept membership of the Bundestag or if a Bundestag member elected as per section 6 subsection (1) or (4) dies or later withdraws from the German Bundestag for any other reason, the vacant seat is filled in accordance with the principles laid down in section 6, subsections (1), (3) and (4) by the next candidate of the party for which the elected candidate or former member stood at the election. When a successor is to be selected, any candidates on the list who have resigned from the party or become members of another party since the Land list was drawn up are not taken into consideration. The same applies to candidates who were selected as constituency candidates of that party. Candidates on the list who, as elected constituency candidates, have refused Bundestag membership or have resigned as members of the German Bundestag are also disregarded. If the list is exhausted, the seat remains vacant. The decision as to which candidate is to succeed to the seat is taken by the Land Returning
Officer. The Land Returning Officer notifies the successor and invites him or her to state in writing within one week whether he or she accepts election as a successor.
(2) If the Bundestag member vacating the seat was elected as per section 6 subsection (2), the seat remains vacant.