Der Bundeswahlleiter

Franchise

Franchise is the right to vote.

1. Germans whose main place of residence is in the Federal Republic of Germany
All Germans as defined in Article 116 (1) of the Basic Law shall be entitled to vote in Bundestag and European elections, provided that on the day of the election

they have reached the age of eighteen years,
they have had a domicile or have otherwise been permanently resident for at least the preceding three months in the Federal Republic of Germany (for European elections also in the other member states of the European Union), and
they are not disqualified from voting under Section 13 of the Federal Elections Act (for Bundestag elections) or Section 6a of the European Elections Act (for European elections).

Persons entitled to vote who have several abodes in the territory of the Federal Republic are entitled to vote in the municipality they have indicated to the registration authority to be their main residence.

2. Germans living abroad
Provided that the other conditions are met, Germans pursuant to Article 116 (1) of the Basic Law who live outside the Federal Republic of Germany on the day of the election are also eligible to vote in Bundestag and European elections if after 23 May 1949 and prior to their departure, they had a domicile or were otherwise permanently resident for an uninterrupted period of at least three months in the Federal Republic of Germany. A former domicile or a former stay in the five new Länder and Berlin-East shall be considered accordingly. When a German living abroad returns to the Federal Republic of Germany, the three-month period under no. 1 shall not apply.

Only on special application shall persons as defined in no. 2 be registered in the voters’ register of the municipality in which they were registered prior to their departure from the electoral area. Application forms and information leaflets may be obtained from

the diplomatic and full-time consular missions of the Federal Republic of Germany abroad,
the Federal Returning Officer,
the constituency (district) returning officers.

The documents are also available on the homepage of the Federal Returning Officer at www.bundeswahlleiter.de.

Legal bases
Bundestag election: Sections 12, 13 of the Federal Elections Act (BWG), Section 18 of the Federal Electoral Regulations (BWO)

3. Right to vote of Germans living abroad in European elections
Persons entitled to vote who live on the territories of other European Union member states may choose whether they wish to participate in European elections in the member state they live in or in the Federal Republic of Germany. However, anyone may exercise his or her right to vote in the European elections only once. Germans wishing to exercise their right to vote in the European elections in the member state they live in should contact the competent agencies in that member state to obtain further information.

Apart from the Federal Republic of Germany, the following countries presently are member states of the European Union:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain and the United Kingdom.

As a general rule, persons entitled to vote may only take part in the election of members of the German Bundestag and the European Parliament from the Federal Republic of Germany if they are registered in a voters' register. Care must be taken to ensure that persons entitled to vote who on the day of election

are resident outside the Federal Republic of Germany and
do no longer have a residence in the Federal Republic of Germany

may be entered in a voters' register in the Federal Republic of Germany only if they file a formal application and make an assurance in lieu of an oath. The application shall be filed with the municipality in which the person entitled to vote was last registered as having his or her main residence before leaving the Federal Republic of Germany. If a person eligible to vote has never been registered as having an abode in the Federal Republic of Germany, the application shall be submitted to the following local authority in Berlin: Bezirksamt Mitte, Rathaus Tiergarten, Bezirkswahlamt, Mathilde-Jacob-Platz 1, 10551 Berlin, Germany. Forms and information leaflets on how to file such applications and make assurances in lieu of an oath can be obtained from

the diplomatic and full-time consular missions of the Federal Republic of Germany abroad,
the Federal Returning Officer (Statistisches Bundesamt, 65180 Wiesbaden and for download (pdf file) www.bundeswahlleiter.de)
the district and town returning officers.

4. Union citizens’ right to vote in the Federal Republic of Germany in European elections
Citizens of other member states of the European Union (Union citizens) living in the Federal Republic of Germany may also take part in European elections. This was made possible by the Treaty of Maastricht of 7 February 1992. The new Article 8b paragraph 2 of the EU Treaty grants Union citizens the right to vote also in the member state in which they reside but whose citizenship they do not hold. The Council Directive enacted for this purpose in 1993 contains details on exercising the right to vote and the right to stand for election for all member states at elections to the European Parliament. The European Elections Act and the European Electoral Regulations provide the details for the Federal Republic of Germany.

Under the European Elections Act applying in the Federal Republic of Germany, all citizens of other member states of the European Union (Union citizens) who have an abode or are otherwise permanently resident in the Federal Republic of Germany also have the right to vote, provided that on the day of the election they

have reached the age of eighteen years,
have had an abode or have otherwise been permanently resident for at least three months
a) in the Federal Republic of Germany or
b) in another member state of the European Union and
are not disqualified from voting in the Federal Republic of Germany or in the other member state of the European Union.

Those entitled to vote may cast their vote only once and must do so personally. This applies especially to persons who are eligible to vote also in another member state of the European Community in elections to the European Parliament.

Union citizens may exercise their right to vote in the member state in which they reside only upon application. When filing an application, Union citizens shall submit a formal declaration, stating their identity and that they shall exercise their right to vote only in the member state in which they reside. Moreover, they shall state that they are not disqualified from voting in their home member state and since when they have had their residence in the territory of the European Community.

The following details shall apply:

Union citizens entitled to vote will ex officio be listed in a voters‘ register by the municipality responsible both for the next and future elections to the European Parliament if they had applied and were enrolled in a voters‘ register in the Federal Republic of Germany on the occasion of the elections to the European Parliament on 13 June 2004, provided they are registered with a residents‘ registration office on the 35th day before the election. Like all other persons entitled to vote, the Union citizens will receive a voter's notification from their municipal authority by the 21st day before the election at the latest, which will also specify the polling station where they may cast their vote. Union citizens who departed abroad after the European Election of 2004 and have returned to the Federal Republic of Germany will have to re-apply for entry in a voters' register.

If Union citizens to be listed ex officio in a voters’ register want to exercise their right to vote in their home country rather than in the Federal Republic of Germany, they must file a request with the competent municipality in writing by the 21st day before the election at the latest that they not be listed in the voters' register. Such request shall be valid for all future elections to the European Parliament, up until the moment the Union citizen might re-apply for entry into a voters' register.
Union citizens who want to exercise their right to vote in the Federal Republic of Germany must file an application for entry in a voters’ register in this country unless they are registered ex officio (cf. above). The application for entry in the voters’ register for Union citizens has to be filed with the local municipality at their place of residence using a special form by the 21st day before the election at the latest.
The application forms to be used by Union citizens wishing to be entered in voters’ registers and the forms to be used by Union citizens who do not want to be listed in a voters’ register will be available from the electoral offices of the municipalities in due time. The Federal Returning Officer also provides those application forms before the next election as downloads (pdf files) at www.bundeswahlleiter.de .

Legal bases
European election: Sections 6, 6a of the European Elections Act (EuWG), Sections 12 to 14, 17 of the Federal Elections Act (BWG), Sections 14 to 30 of the European Electoral Regulations (EuWO)

Last update: December 2009