Home > 1.3.2.3 Counting procedures/validity of ballots > GERMANY – Federal Electoral Regulations
 
 
 
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Section 82
 

(1) As soon as it is established that the election cannot be conducted on account of the  death of a constituency candidate, as a result of force majeure, or for any other reason, the  Constituency Returning Officer cancels the election and publicly announces that a deferred election will take place. He or she notifies the Land Returning Officer without delay, who, in turn, notifies the Federal Returning Officer.


(2) If the candidate of an admitted constituency nomination dies before the election, the  Constituency Returning Officer requests the spokesperson to nominate another candidate  in writing within a given period. The replacement nomination must bear the personal  handwritten signatures of the spokesperson and the deputy spokesperson. The procedure  laid down in section 21 of the Federal Elections Act does not have to be observed; the  signatures referred to in section 20 subsections (2) and (3) of the Federal Elections Act are  not required.


(3) The deferred election is conducted using the electoral registers compiled for the  main election and, subject to the provisions of subsection (2), with the nominations  admitted for the main election in the polling districts and polling stations designated for  the main election and before the Electoral Boards established for the main election.


(4) If the deferred election takes place on account of the death of a constituency  candidate, the polling cards issued for the main election are not valid for the deferred  election. The competent authorities effect their replacement. Section 28 subsection (3)  must be applied. New polling cards are issued in accordance with the general provisions.  Any postal ballot return letters containing old polling cards which have been received by  the authorities designated under section 66 subsection (2) are collected by these  authorities and destroyed, with due regard to the secrecy of the ballot.


(5) If a deferred election takes place because the election could not be held due to force  majeure or for any other reason, the polling cards issued for the main election remain valid  for the deferred election. New polling cards may only be issued by municipalities located  in the area where the deferred election is taking place.


(6) The Land Returning Officer may make arrangements to respond to the special  circumstances in individual cases.


(7) The Land Returning Officer makes the date of the deferred election public.