Home > 1.1.1 Conditions and exceptions > GERMANY – Federal Electoral Regulations
 
 
 
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Section 34
 

(1) The constituency nomination should be submitted as shown in Annex 13. It must  contain



  1. of birth and the address (main residence) of the candidate,

  2. party may use or, in the case of non-party constituency nominations (section 20  subsection (3) of the Federal Elections Act), their identifying name.


It should also contain the names, addresses, telephone numbers and e-mail addresses of  the spokesperson and the deputy spokesperson.


(2) Constituency nominations by parties must bear the personal handwritten signatures  of at least three members of the executive committee of the Land branch, including that of  the chairperson or his or her deputy. If a party does not have a Land branch or an  overarching Land organisation in the Land in question, the constituency nominations must  be signed, in accordance with the first sentence, by the executive committees of the next  lower regional branches in whose area the constituency is located. The signatures of the  submitting executive committee suffice if it provides evidence within the stipulated period for submissions that the Land Returning Officer has received a written authorisation  corresponding to the provision in the first sentence from the other executive committees  involved.


(3) In the case of non-party constituency nominations, three signatories of the  nomination must sign the constituency nomination itself (Annex 13). Subsection (4)  numbers 3 and 4 apply accordingly.


(4) If a constituency nomination must be signed by at least two hundred eligible voters  from the constituency, such signatures must be submitted on official forms as shown in  Annex 14, with the following provisions being observed:



  1. he or she may also provide them as a master copy, either in printed or electronic  form. The request must contain the surname, first name(s) and address (main  residence) of the prospective candidate. If, together with the request, evidence is  provided that a block on the release of information has been entered for the  candidate in the population register as per section 51 subsection (1) of the Federal  Act on Registration, an address where the candidate may be contacted is used


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instead of his or her address (main residence); it does not suffice to indicate a post  office box. The request must also contain the designation of the nominating body  which intends to submit the constituency nomination, consisting, if that body is a  political party, of its name and any shortened form of the party name that the party  may use; in the case of non-party constituency nominations the request must contain  the identifying name. In addition, parties must confirm that their candidate has been  selected at an assembly of party members or at a special or general assembly of  delegates convened as per section 21 of the Federal Elections Act. At the head of the  forms, the Constituency Returning Officer must record the information specified in  number 1, fourth sentence, and the surname, first name(s) and town or city of  residence (main residence) of the prospective candidate. If evidence is provided that  a block on the release of information has been entered for the candidate in the  population register as per section 51 subsection (1) of the Federal Act on  Registration, the town or city where the candidate's contact address is located is  used instead of the town or city where he or she lives; it does not suffice to indicate  a post office box.



  1. handwritten signatures on the declaration on the form; in addition, the signature, the  surname, first name(s), date of birth and address (main residence) of the signatory  must be entered as must the date of the signature. Persons eligible to vote as defined  in section 12 subsection (2), first sentence, number 1 of the Federal Elections Act  must provide evidence of their right to vote by submitting the information as  specified in Annex 2 and by providing an affirmation. Persons eligible to vote as  defined in section 12 subsection (2), first sentence, number 2 of the Federal  Elections Act must provide evidence of their right to vote by submitting the  information as specified in Annex 2a and by providing an affirmation in lieu of an  oath.

  2. register the signatory is to be entered must certify on the form that the signatory is  eligible to vote in the constituency in question at the time of signature, or must issue  a separate certificate to this effect. Separate certificates confirming the right to vote  must be attached to the supporting signatures by the nominating body upon  submission of the constituency nomination. Anyone who applies for a certificate


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confirming the right to vote on another person’s behalf must provide evidence that  the person concerned supports the nomination.



  1. signs more than one constituency nomination, his or her signature is invalid on all  other constituency nominations.

  2. candidate by an assembly of members or delegates. Signatures provided prior to this are invalid.


(5) The constituency nomination must be accompanied by



  1. he or she accepts the selection and has not given his or her consent to be named as  a candidate in any other constituency,

  2. that the proposed candidate is eligible to stand for election,



a) a copy of the record documenting the decision taken at the assembly of party  members or delegates at which the candidate was selected, and, in the event of  an objection pursuant to section 21 subsection (4) of the Federal Elections Act,  also a copy of the record of the repeated vote, together with the affirmation in lieu  of an oath prescribed in section 21 subsection (6), second sentence, of the  Federal Elections Act; the record should be drawn up as shown in Annex 17 and  the affirmation in lieu of an oath provided as shown in Annex 18;


b) an affirmation in lieu of an oath provided by the proposed candidate to the  Constituency Returning Officer as shown in Annex 15, stating that he or she is not  a member of any party other than the party submitting the nomination; section  21 subsection (6), third sentence, of the Federal Elections Act shall apply  accordingly to the acceptance of the affirmation in lieu of an oath,



  1. the right to vote for each signatory (subsection (4) numbers 2 and 3) if the  constituency nomination must be signed by at least two hundred eligible voters from  the constituency.


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(6) The certificate confirming the right to vote (subsection (4) number 3) and the  certificate confirming eligibility to stand for election (subsection (5) number 2) must be issued free of charge. The municipal authority may issue a certificate confirming the right  to vote once only for each eligible voter for a constituency nomination; it may not keep any  record revealing the nomination for which the certificate was issued.


(7) In the case of candidates who have no abode in the Federal Republic of Germany and  are not otherwise habitually resident there, the Federal Ministry of the Interior and  Community issues the certificate confirming eligibility to stand for election. The  application for the certificate must be submitted to the diplomatic or full-time consular  mission of the Federal Republic of Germany responsible for the candidate's place of  residence or must be submitted directly, with the necessary certification provided.