Home > 1.1.1.3 Residence > GERMANY – Federal Electoral Regulations
 
 
 
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Section 18
 

(1) The application for entry in the electoral register must be submitted in writing to the competent municipal authority not later than the twenty-first day before the election. It must contain the surname, the first name(s), the date of birth and the exact address of the person eligible to vote. Except in the cases specified in subsections (4) and (5), group applications are permissible; they must bear the personal handwritten signatures of all the eligible voters listed. Eligible voters with disabilities may seek the assistance of another person to this end; section 57 applies accordingly.
(2) In the cases specified in section 16 subsection (2) number 1, eligible voters must be listed until election day in the electoral register of the municipality which is responsible pursuant to section 17 subsection (2) number 2 or 3 even if they have registered a new address with another residents’ registration office in the electoral area after the qualifying date. They must be advised of this accordingly when registering.
(3) In the cases specified in section 16 subsection (2) number 1 letter (b), the Federal Returning Officer must be notified without delay of the entry in the electoral register. If the Federal Returning Officer receives notification from more than one municipal authority regarding the entry of the same applicant in the electoral register, the Federal Returning Officer must immediately contact the municipal authority whose notification of entry in the electoral register was received after the first notification in order to inform that authority about the entry of the eligible voter in the electoral register of the first notifying municipality. The municipal authority receiving such information from the Federal Returning Officer must remove the eligible voter from its electoral register.
(4) In the cases specified in section 16 subsection (2) number 2 in conjunction with section 12 subsection (2), first sentence, number 1 of the Federal Elections Act, eligible voters must assure the municipal authority, when applying for entry in the electoral register as shown in Annex 2, that the requirements for their eligibility to vote are met and that they have not applied to be entered in the electoral register in any other municipality in the electoral area. Fax, e-mail and any other verifiable forms of electronic transmission are also valid forms of written communication.
(5) In the cases specified in section 16 subsection (2) number 2 in conjunction with section 12 subsection (2), first sentence, number 2 of the Federal Elections Act, the eligible voter must, when applying for entry in the electoral register as shown in Annex 2a, provide the municipal authority with evidence of his or her eligibility to vote by supplying an affirmation in lieu of an oath and declare that he or she has not applied to be entered in the electoral register in any other municipality in the electoral area.
(5a) Application forms and information leaflets for the application as per section 16 subsection (2) number 2 may also be ordered from the diplomatic and full-time consular missions of the Federal Republic of Germany abroad, from the Federal Returning Officer and the Constituency Returning Officers. If there is any doubt regarding the information provided by the applicant, the municipal authority must investigate the matter without delay. The Federal Returning Officer must be notified without delay of the entry in the electoral register and of the information about the applicant contained in the application as shown in Annex 2 or Annex 2a. Section (3), second sentence, applies accordingly. The municipal authority receiving such information from the Federal Returning Officer must remove the eligible voter from the electoral register and inform the voter thereof.
(6) If a person entitled to vote in accordance with section 12 subsection (2), first sentence, of the Federal Elections Act returns to the electoral area and registers an abode there after the qualifying date as specified in section 16 subsection (1) but prior to the beginning of the electoral register inspection period pursuant to section 17 subsection (1), second sentence, of the Federal Elections Act, this eligible voter is only entered in the electoral register of the municipality of the new place of residence after filing an application as shown in Annex 1, in which he or she provides evidence to the municipal authority of his or her eligibility to vote by submitting an affirmation in lieu of an oath and declares that he or she has not submitted any other application for entry in the electoral register. The eligible voter must be advised accordingly when registering. The municipal authority must immediately communicate the entry of such an eligible voter in the electoral register to the Federal Returning Officer, along with the information about the applicant contained in the application, as shown in Annex 1, stating that the voter has been entered in the electoral register. Section (3), second sentence, applies accordingly. The municipal authority receiving such information from the Federal Returning Officer must remove the eligible voter from its electoral register and notify the voter thereof.
(7) The notifications as per subsection (3), first sentence, subsection (5a), third sentence, and subsection (6), third sentence, are made using an electronic procedure provided by the Federal Returning Officer. Appropriate technical and organisational measures must be taken to prevent unauthorised access to the data.