Home > 1.3.2.3 Counting procedures/validity of ballots > GERMANY – Federal Electoral Regulations
 
 
 
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Section 78
 

(1) The Federal Returning Officer examines the election records of the Land Electoral Committees. On the basis of the election records of the Land and Constituency Electoral Committees, he or she determines
1. the number of second votes cast for the Land lists of each party, 2. the total number of valid second votes cast in the electoral area, 3. the votes cast for the various parties in the electoral area as a percentage of the total number of valid second votes cast,
4. the number of constituency seats won by each party in the electoral area, and 5. the adjusted number of second votes cast for each Land list and each party.
In compliance with the provisions of sections 4 and 6 of the Federal Elections Act, the Federal Returning Officer calculates the number of votes going to each party and Land list, allocates the seats to the parties and their Land lists and ranks the candidates of a party by Land in descending order by the proportion of first votes they received as per section 6 of the Federal Elections Act.
(2) Following the report by the Federal Returning Officer, the Federal Electoral Committee determines the overall result of the election by Land list and establishes as final for the electoral area
1. the number of persons eligible to vote,
2. the number of actual voters,
3. the numbers of valid and invalid second votes,
4. the number of valid second votes going to each party,
5. the parties which, on the basis of section 4 subsection (2) of the Federal Elections Act,
a) are considered in the allocation of list seats,
b) are disregarded in the allocation of list seats,
6. the adjusted number of second votes going to each party,
7. the number of seats going to each party and Land list,
8. the number of successful constituency candidates under section 6 subsection (2) of the Federal Elections Act,
9. which of the candidates have been duly elected.
The Federal Electoral Committee is authorised to correct any incorrect calculations in the results established by the Land Electoral Committees.
(3) When the above has been determined and established, the Federal Returning Officer announces the election result verbally, stating the details specified in subsection (2), first sentence, numbers 1 to 8. At the same time, the Federal Returning Officer communicates that he or she will announce the result established under subsection (2), first sentence, number 9 by means of a notice to be posted in the room where the meeting is held.
(4) Section 76 subsection (6) applies accordingly.
(5) The Federal Returning Officer communicates the names of the duly elected candidates to the Land Returning Officers.