Home > 1.1.3 Submission of candidatures > GERMANY – Federal Electoral Regulations
 
 
 
Download file    
 
 
Section 33
 

(1) The Federal Returning Officer records the date of receipt on every notification of  participation and examines without delay whether the notification meets the requirements  of the Federal Elections Act. If deficiencies are found, the Federal Returning Officer  immediately notifies the executive committee of the party and asks the committee to  correct remediable deficiencies in good time; in so doing, the Federal Returning Officer  must also point out that, as laid down in section 18 subsection (3) of the Federal Elections  Act,



  1. corrected if the notifications are otherwise valid,

  2. a party has been taken,


  1. against orders issued by the Federal Returning Officer.


(2) The Federal Returning Officer invites the associations which have given notification  of their participation in the election to the meeting at which the decision is to be taken on  their recognition as political parties for the election. In the invitation, the Federal Returning  Officer points out that the decision will be announced at the meeting and refers to the legal  consequences. He or she submits the notifications of participation to the Federal Electoral  Committee and reports on the result of the preliminary examination. If the names of parties  or their shortened forms may be confused, the Federal Returning Committee determines  distinguishing designations which must be added to one or more nominations upon  admission. Before the decision is taken, the persons concerned who are present must be  given the opportunity to comment.


(3) After the confirmation process specified in section 18 subsection (4) of the Federal  Elections Act has been completed, the Federal Returning Officer announces the decision  of the Federal Electoral Committee at the meeting, briefly stating the reasons for the  decision. If parties or associations are prevented from submitting nominations on account  of the decision taken in the confirmation process, the Federal Returning Officer also  advises them of the legal remedy of lodging a complaint as per section 18 subsection (4a)  of the Federal Elections Act, of the applicable deadline and of the legal consequences of a  complaint. The Federal Returning Officer makes the decision public.


(4) The record of the meeting (section 5 subsection (7)) must be drawn up without delay.  The main reasons must be presented in the record. The Federal Returning Officer sends  without delay, but not later than on the day following the meeting of the Federal Electoral  Committee and by the quickest means available, the parties or associations prevented  from submitting nominations on account of the decision taken in the confirmation process  a copy of that part of the record which relates to them, including the information required  pursuant to subsection (3), second sentence.