Home > 1.3.2.3 Counting procedures/validity of ballots > GERMANY – Federal Electoral Regulations
 
 
 
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Section 28
 

(1) Polling cards may not be issued prior to the admission of the nominations by the  Land and Constituency Electoral Committees in accordance with sections 26 and 28 of the  Federal Elections Act.


(2) The polling card must be signed personally by the official in charge of issuing it and  must bear the official seal. The official seal may be pre-printed on the polling card. If the  polling card is produced by means of automated equipment, there may be no signature,  in derogation from the first sentence; instead, the name of the official in charge may be  shown in printed form.


(3) The polling card must be accompanied by




  1. the postal ballot return letter is to be sent, (recipient of the postal ballot return letter in accordance with section 66 subsection (2)), the name of the municipal authority that issued the polling card (issuing office) and the polling card number or polling 


district have been entered beforehand by the issuing office, and


The first sentence does not apply in the cases specified in section 29 subsection (1).


(4) The polling card and postal ballot documents are externally marked as official  election documents and are sent or officially delivered to the residential address of the  eligible voter unless the application specifies a different address or that the documents  are to be collected. If dispatch to another address has been requested in one of the ways  described in section 27 subsection (1), second sentence, a notice is additionally sent to  the residential address when the postal ballot documents are dispatched. The municipal  authority must pay the postage on outgoing mail. The municipal authority sends the  polling card and postal ballot documents to the eligible voter by air mail if it is clear from  the application that the voter wishes to vote from an area outside Europe or if this appears  necessary for other reasons.


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(5) If the eligible voter collects the polling card and postal ballot documents in person  from the municipal authority, he or she should be given the opportunity to cast his or her  postal vote directly on site. It is important to ensure that the ballot paper can be marked and placed in the ballot paper envelope in secret. The polling card and postal ballot  documents may only be handed over personally to someone other than the eligible voter


if this person can present written authorisation proving that he or she is authorised to take  receipt of the documents. Section 27 subsection (1), fourth sentence, applies accordingly. The written authorisation may only be used if the authorised person represents not more  than four eligible voters; the authorised person must confirm this in writing to the  municipal authority before he or she takes receipt of the documents. The authorised


person must identify himself or herself upon request.


(6) The municipal authority keeps a polling card register of the issued polling cards in  which the cases specified in section 25 subsection (1) and subsection (2) are recorded  separately. The register is kept as a list or as a collection of the carbon copies of the polling  cards. The polling card bears the number under which the polling card is recorded in the  polling card register and the number under which the eligible voter is listed in the electoral  register, or the name of the envisaged polling district. Where eligible voters are not listed in the electoral register, a note is made on the polling card confirming that the card has  been issued under section 25 subsection (2) and stating the polling district to which the  eligible voter is assigned. If further polling cards are issued after closure of the electoral  register, a special register must be kept for such cards in accordance with the first to third sentences.


(7) The municipal authority must notify the Federal Returning Officer without delay of any  polling card issued pursuant to section 25 subsection (2) to a person eligible to vote as  per section 12 subsection (2), first sentence, of the Federal Elections Act. Section 18  subsection (5a), fourth and fifth sentences, apply accordingly.


(8) If an eligible voter who has already received a polling card is removed from the  electoral register, the polling card must be declared invalid. The municipal authority keeps a register of such occurrences, recording in it the name of the eligible voter and the number  of the invalid polling card; it must amend the polling card register. The municipal authority


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informs the Constituency Returning Officer, who notifies all Electoral Boards in the  constituency of the invalidity of the polling card. In the cases specified in section 39  subsection (5) of the Federal Elections Act, a suitable entry must be made in the polling  card register and in the register of polling cards that have been declared invalid, stating  that the vote of an eligible voter who has already participated in the postal ballot is not  invalid.


(9) If the municipal authority itself, another municipal authority or the administrative  authority of the district is not responsible for conducting the postal ballot, the municipal  authority sends the Constituency Returning Officer, by the quickest means available, the  register specified in subsection (8), second sentence, and addenda to that register, or a  notification that no polling cards have been declared invalid, in good time for them to  arrive on the morning of election day at the latest. If another municipal authority has been  charged pursuant to section 7 number (3) with conducting the postal ballot, or if the  administrative authority of the district bears that responsibility, the municipal authority must send the register and the addenda or a notification as described in the first sentence  to the municipal authority in charge or to the administrative authority of the district.


(10) If a person eligible to vote credibly asserts that he or she did not receive the polling  card he or she applied for or has lost it, he or she may be issued a new polling card until  12 noon on the day before the election; subsection (8), first to third sentences, and  subsection (9) apply accordingly.