Nomination of candidates
1 Bundestag elections
1.1
Nomination of a candidate for direct election (constituency nomination)
1.1.1 A person may only be named as a
candidate of a party in a constituency nomination if he or she is not a member of another
party (membership of an association of voters or non-membership of a party shall not be prejudical)
and has been selected for the purpose in an assembly of party members convened for the selection of
a constituency candidate or in a special or general assembly of party delegates.
- An assembly of party members convened for the selection of a constituency candidate is an
assembly of members of the party who at the time of assembling are entitled to vote in the election
to the German Bundestag within their constituency.
- A special assembly of party delegates is an assembly of representatives elected by such an
assembly of party members from their own ranks.
- A general assembly of party delegates is an assembly appointed in general for forthcoming
elections by such an assembly of party members from their own ranks in accordance with the statutes
of that party (Section 6 of the Act on Political Parties).
Where districts and urban districts comprise several constituencies, the candidates for those
constituencies whose areas do not intersect the boundary of the district or of the urban district
may be selected in a joint assembly of members or delegates.
As regards constituency nominations, candidates and delegates for the assembly of delegates
may be selected only by party members who at the time of assembling are entitled to vote in the
election to the German Bundestag in the respective constituency.
The candidates and the delegates for the assemblies of delegates shall be selected by secret
ballot. A minimum of three persons entitled to vote is required. Every assembly delegate who is
eligible to vote shall be entitled to submit proposals. The candidates shall be given a reasonable
amount of time to present themselves and their programs. Selection of the candidates may take place
at the earliest thirty-two months, for the assemblies of delegates at the earliest twenty-nine
months after the beginning of the legislative term of the German Bundestag; this shall not apply if
the legislative term ends prematurely.
A constituency nomination may only contain the name of one candidate. Each candidate may
only be named in one constituency and there only in one constituency nomination. The
simultaneous candidature for a parliamentary seat on the Land list is not necessary; it is,
however, permissible and common practice.
In the case of 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, the constituency nomination must be signed personally and by
hand by at least two hundred persons entitled to vote. The signatories must be entitled to vote at
the time they sign the nomination and certification of this must be furnished when
the constituency nomination is submitted. The requirement to submit additional signatures
shall not apply to constituency nominations of parties representing national minorities.
1.1.2 The Federal Elections Act contains no regulations for the nomination of
candidates who are
not party candidates, that is, candidates proposed by single or groups of persons entitled
to vote. For ‘’non-party’’ candidates there is no binding requirement to be selected in an assembly
and by secret ballot. It is sufficient to submit the candidate’s name and the personal handwritten
signatures of two hundred persons entitled to vote in the constituency supporting the nomination on
individual official forms (as per Annex 14 to Section 34 (4) of the Federal Electoral Regulations).
The requirement to submit two hundred signatures shall not apply to constituency nominations
of parties representing national minorities.
1.1.3
Documents to be submitted to the district returning officer (Section 34 of the Federal
Regulations - BWO)
1)
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Item
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Document
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Annex of the BWO
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1
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constituency nomination
with three signatures (constituency nominations by parties must bear the personal
handwritten signatures of three members of the executive committee of the Land branch, including
that of the chairman or his or her deputy;
constituency nominations by political groupings standing for election or individual
candidates must bear the personal handwritten signatures of three persons entitled to vote)
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13
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2
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official forms for a supporting signature (constituency nomination)
valid signatures of at least two hundred persons entitled to vote
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14 |
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3
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certificate of enfranchisement for the persons entitled to vote under no. 1 (if political
groupings standing for election) and under no. 2 if not submitted on the official form for
supporting signatures
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14
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4
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declaration by the nominated candidate that he or she consents to the nomination as a
constituency candidate with declaration in lieu of an oath
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15
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5
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candidate’s certificate of eligibility for political office
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16
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6
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copy of the record of the assembly of party members/party delegates documenting the nomination
of the constituency candidate
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17
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7
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declaration in lieu of an oath for no. 6
(chairman of the assembly and two participants selected by the assembly)
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18 |
1) Official forms are available from the competent constituency returning officer.
Legal bases
Bundestag election: Sections 18 to 26 of the Federal Elections Act (BWG), Sections 34 to 38 of
the Federal Electoral Regulations (BWO)
1.2 Land lists
1.2.1 Land lists may
only be submitted
by parties. They must bear the signatures of the executive committee of the Land branch or,
where Land branches do not exist, those of the executive committees of the next lower regional
branches existing within the territory of the Land. In the case of 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, the Land lists must
also be signed personally and by hand by one per thousand of the persons entitled to vote in the
Land at the latest election to the German Bundestag, but by not more than 2,000 persons entitled to
vote. The signatories supporting a nomination by one of the parties referred to in Section 18 (2)
of the Federal Elections Act must be entitled to vote at the time they sign the nomination and
certification of this must be furnished when Land lists are submitted. The requirement to submit
additional signatures shall not apply to Land lists of parties representing national
minorities.
Land lists must bear the name of the party submitting them as well as any shortened form of
its name if such a form is used by it.
The names of the candidates must be listed in recognizable order.
A candidate may only be nominated in one Land, and there only in one Land list. Only such
persons as have given their consent in writing may be named in a Land list; such consent shall be
irrevocable.
The procedure prescribed for constituency nominations concerning the nomination of
candidates shall apply mutatis mutandis to Land lists.
1.2.2
Documents to be submitted to the Land returning officer (Section 39 of the Federal Electoral
Regulations -
BWO)
1)
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Item
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Document
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Annex ...
to the BWO
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1
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Land list
with signatures of three members of the executive committee of the Land branch of the party,
including that of the chairman or his or her deputy.
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20
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2
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official forms for a supporting signature (Land list)
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21
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minimum number of valid signatures of persons entitled to vote for Land lists:
see keyword "supporting signatures"
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3
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certificate of enfranchisement for the persons entitled to vote under no. 2 if not submitted
on the official form for supporting signatures
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21
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4
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declaration by the nominated candidate that he or she consents to the nomination in a Land
list with declaration in lieu of an oath
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22
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5
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certificate of eligibility for political office of the candidates
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16
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6
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copy of the record of the assembly of party members/party delegates documenting the nomination
of the candidates in a Land list
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23
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7
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declaration in lieu of an oath for no. 6
(chairman of the assembly and two participants selected by the assembly)
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24
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1) Official forms are available from the competent Land returning officer.
Legal bases
Bundestag election: Sections 21, 27, 28 of the Federal Elections Act (BWG), Sections 39
to 41, 43 of the Federal Electoral Regulations (BWO)
2 European elections
2.1 Establishment of lists for individual Länder and combined Länder lists
Nominations of candidates may be submitted by parties and other political associations. In
this context, political associations are other associations which have organized memberships, whose
purpose is to participate in the forming of the political will and play a part in popular
assemblies, and whose seat, management, activities and members are in the territories of the member
states of the European Union.
A party or other political association may either submit lists for individual Länder, in
other words, only one list in each Land, or a combined list for all Länder. The decision to submit
a combined list for all Länder or lists for individual Länder shall be made by the executive
committee of the national party organization or, where such an organization does not exist, jointly
by the executive committees of the next lowest regional organizations in the electoral area or by
another body provided for this purpose under the statutes of the party or association entitled to
nominate a candidate.
Nominations by parties must contain the name of the party submitting them as well as any
shortened form of its name if such a form is used. Nominations by other political associations must
contain their names as well as a code word if such a word is used. A party may annex the name and
shortened form of its European organization and other political associations may annex the name and
shortened form of their associations with organized memberships in the electoral area to the
designation of the nomination.
The names of the candidates must be listed in the nomination in a discernible order. A
substitute candidate may be listed next to each candidate.
- A German may be nominated as a candidate or substitute candidate in a nomination only provided
that he or she has not been nominated as a candidate in another member state of the European Union
at the same time.
- A candidate or substitute candidate on a combined list for all Länder may only be nominated in
one nomination.
- A candidate may be a substitute candidate at the same time.
- A candidate on a list for one Land may also be nominated as a candidate on a list of the same
party/other political association entitled to nominate a candidate for another Land. A candidate
nominated in only one nomination may also be nominated as a substitute candidate in the same
list.
- A substitute candidate may not be nominated more than once in a nomination.
Candidates and substitute candidates may only be nominated if they have given their consent in
writing. Such consent shall be irrevocable.
Lists for individual Länder of parties and other political associations not continuously
represented by at least five representatives in the European Parliament, in the German Bundestag or
in a Land parliament since the last election on the basis of nominations made in the electoral area
by the party itself must bear the personal and handwritten signatures of one per thousand of the
persons entitled to vote in the Land concerned at the last election to the European Parliament, but
of no more than two thousand persons eligible to vote. Combined Länder lists of parties or other
political associations entitled to nominate a candidate must bear the personal and handwritten
signatures of four thousand persons entitled to vote.
Land lists for individual Länder must be submitted in writing to the competent Land returning
officer, combined lists for all Länder to the Federal Returning Officer.
Legal bases
European election: Sections 8 to 9, 11 of the European Elections Act (EuWG)
2.2
Election of candidates and substitute candidates
All candidates and substitute candidates for a European election must be elected by:
- a members’ assembly or
- a special representatives' assembly or
- a general representatives' assembly.
They must not be members of another party (membership of an association of voters or
non-membership of a party shall not be prejudical).
A members' assembly is an assembly of members of a party or other political association who
at the time of their meeting are entitled to vote in elections to the European Parliament. This
members' assembly can either elect the candidate directly or elect representatives from its own
ranks (delegates) for a representatives' assembly.
The members' or representatives' assembly convened for the purpose of establishing the list
must be convened for the relevant Land in the case of lists for individual Länder or for the whole
of the Federal Republic of Germany in the case of combined Länder lists. If the party or political
association entitled to nominate a candidate establishes lists for several Länder, the members' or
delegates' assembly must convene for the Land for which the nomination is meant. The participants
at the members' or representatives' assembly entitled to vote must also be entitled to vote in the
election to the European Parliament in the Land for which the list is to be
established.
As regards assemblies, there are general and special representatives' assemblies. A general
representatives' assembly is an assembly of party representatives elected in general for
forthcoming elections in accordance with the statutes of the party. A special representatives'
assembly, on the other hand, is an assembly of delegates who have been elected especially for the
establishment of candidates for the election to the European Parliament as described
above.
A representatives' assembly is elected from amongst one or more regional members' assemblies;
this representatives' assembly may elect the candidates for the European election directly or in
turn elect delegates from its own ranks for a representatives' assembly which will then elect the
candidate directly.
Both the representatives for the representatives' assembly as well as the candidates and
substitute candidates must be elected in a secret ballot. Nomination by acclamation or open ballot
shall render the election invalid. The position each candidate is to be assigned on the list must
also be determined by secret ballot.
Consequently, the members' or delegates' assembly must vote in secret ballot on:
- whether a certain person shall be nominated as a candidate or substitute candidate and
- on what position he or she is to be entered on the list.
The member (or delegate) must have a real choice between candidates. The ballot paper used
for voting must allow the member (or delegate) to delete or add the names of potential candidates
or substitute candidates from a submitted list or ballot papers must be used on which names must be
written.
When the positions on the list are being assigned, the members (or delegates) must have the
opportunity to determine by secret ballot what place a candidate is to have on the list. Either the
positions to be assigned to the candidates elected in the first round will be determined by secret
ballot or the member or delegate is given the opportunity in the first round of the election to
indicate on the ballot paper the position to be assigned to the candidate.
Every participant entitled to vote in the members' or representatives' assembly has the right
to submit proposals for the election of representatives for the representatives' assemblies or for
the election of candidates. The candidates must be given the opportunity, and sufficient time to
present themselves and their programs to the assembly.
Legal bases
European election: Section 10 of the European Elections Act (EuWG), Section 32 of the European
Electoral Regulations (EuWO)
2.2.1
Documents to be submitted to the Land returning officer
(Section 32 of the European Electoral Regulations - EuWO
1))
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Item
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Subject
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Annex … to the EuWO
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1
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list for a single Land
with signatures of three members of the executive committee of the Land branch of the party
or other political association entitled to nominate a candidate, including that of the chairman or
his or her deputy.
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12
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2
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official forms with supporting signatures (list for a single Land) for the minimum of
valid signatures of persons entitled to vote required for Land lists see keyword
"supporting signatures" |
14
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3
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certification of the right to vote for persons entitled to vote under no. 2 if not already
indicated on the official form for supporting signatures. Persons eligible to vote under Section 6
(3) of the European Elections Act shall provide proof of their right to vote by making an assurance
in lieu of an oath pursuant to Annex 14A
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14, 14A
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4
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declaration of consent by the candidates and substitute candidates with assurances in lieu of
an oath
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15
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5
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certification of the right to stand for election for German candidates and substitute
candidates
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16
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6
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certification of abode/of other usual residence and qualification to stand for election for
Union citizens, to be issued by the competent municipal authority
Certification issued by the relevant home member state for Union citizens, stating that they
are not disqualified from standing for election there (Section 6b (4), nos. 2 and 4 of the European
Elections Act) or that no information is available about any such disqualification.
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16A
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7
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assurance in lieu of an oath of a Union citizen pursuant to Section 11 (2), no. 1c of the
European Elections Act (first and second copy)
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16B
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8
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record on the establishment of a list for a Land
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17
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9
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Three assurances in lieu of an oath for no. 8
(chairman of the assembly and two participants entitled to vote selected by the
assembly)
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19
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10
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Written statutes and program
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11
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Names and addresses of the members of the executive committee and record that the members of
the executive committee were elected in accordance with democratic principles
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____________
1) Official forms are available from the competent Land returning officer. -
2.2.2
Documents to be submitted to the Federal Returning Officer
(Section 32 of the European Electoral Regulations - EuWO
1) )
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Item
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Subject
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Annex ... to the EuWO
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1
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combined list for all Länder
with signatures of three members of the executive committee of the national branch of the
party or other association entitled to nominate a candidate, including that of the chairman or his
or her deputy
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13
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2
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official forms with supporting signatures
(combined list for all Länder)
minimum number of at least four thousand valid signatures of persons entitled to vote
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14
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3
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certification of the right to vote for persons entitled to vote under no. 2 if not provided on
the official form for supporting signatures, persons entitled to vote under Section 6 (3) of the
European Elections Act shall give evidence of their right to vote by making an assurance in lieu of
an oath pursuant to Annex 14A
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14A
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4
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declaration of consent by the candidates or substitute candidates with assurances in lieu of
an oath
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15
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5
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Certification of the right to stand for election of German candidates and substitute
candidates
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16
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6
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certification of abode / other permanent residence and qualification to stand for election for
Union citizens
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16A
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certification issued by the relevant home member state for Union citizens, stating that they
are not disqualified from standing for election there (Section 6b (4), nos. 2 and 4 of the European
Elections Act) or that no information is available about any such disqualification
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7
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assurance in lieu of an oath of a Union citizen pursuant to Section 11 (2) no. 1c of the
European Elections Act (first and second copy)
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16B
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8
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record on the establishment of a combined list for all Länder
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18
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9
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three assurances in lieu of an oath
(chairman of the assembly and two participants entitled to vote selected by the
assembly)
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19
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10
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written statutes and program
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11
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names and addresses of the members of the executive committee and record that the members of
the executive committee were elected in accordance with democratic principles
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____________
1) Official forms are available from the Federal Returning Officer. -
Last update: August 2012
See also:
©2013 The Federal Returning Officer
