Responsibilities of the Federal Returning Officer
at Bundestag elections:
- to verify the proper conduct of the election
- to call for the proposal of persons eligible to vote to serve as members and their deputies on
the Federal Electoral Committee
- to appoint members and their deputies to the Federal Electoral Committee
- to function as the chairman of the Federal Electoral Committee
- to receive and preliminarily examine the notices of participation in the election from
associations recognized as parties which have not been continuously represented in the German
Bundestag or in a Land parliament since the last election to the relevant assembly by at least five
deputies nominated by the party itself
- to issue invitations to Federal Electoral Committee meetings
- to announce the decision taken by the Federal Electoral Committee concerning which
associations have been recognized as parties for the election and which parties have been
continuously represented in the German Bundestag or in a Land parliament since the last election
to the relevant assembly by at least five deputies nominated by the party itself
- to monitor the decisions taken by constituency electoral committees on the approval or
rejection of constituency nominations, with the right to appeal to the Land returning officer
- to receive and examine appeals against decisions taken by Land electoral committees
- to check candidates for inadmissible double candidature and to prepare a list of
candidates
- to ascertain and announce the provisional general election result for the electoral area
- to prepare the concluding declaration by the Federal Electoral Committee of the final result of
the Land list election
- to inform the Land returning officers about the Land list candidates who have been declared
duly elected
- to announce the final election result for the electoral area
- to register all registered Germans living abroad who are eligible to vote in accordance with
Section 18 (5) of the Federal Electoral Regulations
- to exercise the right to lodge an objection in the electoral scrutiny proceedings
- to mail Annex 2 of the Federal Electoral Regulations
- to procure official forms.
Legal bases
Bundestag election: Sections 6, 9, 18, 26 to 28, 42 of the Federal Elections Act (BWG);
Sections 4, 5, 18, 32, 33, 35 to 37, 40 to 42, 44, 71, 75 to 81, 88 of the Federal Electoral
Regulations (BWO); Section 2 (2) of the Law on the Scrutiny of Elections (WPrüfG)
at European elections:
- to verify the proper conduct of the election
- to appoint the members to the Federal Electoral Committee and act as its chairperson
- to publicly announce where, during what period of time and in what due form the exclusion from
the combination of lists can be declared
- to receive the nominations - combined lists for all Länder - and pre-examine them
- to receive, pre-examine and announce (after the decision has been taken by the Federal
Electoral Committee) the declaration concerning exclusion from the combination of lists
- to announce the nominations approved, pointing out which combinations of lists are valid and
which nominations are excluded from such a combination
- to establish the provisional result for the electoral area and to announce by word of mouth
which candidates have been elected according to the provisional results
- to establish and announce the final election result for the electoral area and to notify the
candidates who have been elected
- to submit the final election result to the President of the German Bundestag
; to verify the election result
- to exercise the right to lodge an objection in the electoral scrutiny proceedings
- to establish and announce successors from the lists
- to procure official forms
Legal bases
European election: Section 9 (2) of the Federal Elections Act (BWG); Section 2 (2), Section
11 (1), (3), Section 13 (1), Section 14 (6); Sections 19, 20, 26 of the European Elections Act
(EuWG); Section 4 (1), Section 26, Section 31 (2), Sections 33, 36, 37, Section 64 (5), (6),
Section 71 (3), Sections 72, 74, 77, 81 of the European Electoral Regulations (EuWO); Section 2 (2)
of the Law on the Scrutiny of Elections (WPrüfG)
Last update: Dezember 2011
©2012 The Federal Returning Officer