Federal Electoral Committee
The Federal Electoral Committee is composed of the Federal Returning Officer as chairperson and
eight Committee members. The members are appointed by the Federal Returning Officer at the proposal
of the parties.
The Federal Electoral Committee shall continue to exist after the general election but not
beyond the end of the legislative term. The Federal Electoral Committee shall meet in public
session.
At
Bundestag elections, the duties of the Federal Electoral Committee are:
- to ascertain 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 on
the basis of nominations made by the party itself (Section 18 (4) no. 1 of the Federal Elections
Act),
- to decide which parties that do not come under Section 18 (4) no. 1 of the Federal Elections
Act and have given notice of their intended participation in the election not later than the
ninetieth day before the election are to be recognized as parties in the election,
- to decide on complaints about the rejection or approval of a Land list,
- to decide on declarations concerning exclusion from the combination of Land lists,
- to ascertain the final result of the election by Land list for the electoral area.
At
European elections, the duties of the Federal Electoral Committee are:
- to decide on complaints about decisions of the Land electoral committees and the Federal
Returning Officer pertaining to the rectifying of faults,
- to decide on the approval of combined lists for all Länder; decide on the declaration that one
or several lists for individual Länder are to be excluded from the combination of lists,
- to establish the total number of votes cast for the individual nominations, how many seats
shall go to the individual nominations and which candidates have been elected.
In accordance with the provisions of the Law on the Scrutiny of Elections, an objection may
be lodged with the German Bundestag against the decision of the Federal Electoral Committee within
two months after the election. The objection has to be lodged with the German Bundestag in written
form and the reasons have to be stated.
If the objection should be disallowed by the German Bundestag, a complaint may be lodged with
the Federal Constitutional Court in accordance with Section 48 (1) of the Federal Constitutional
Court Act within a period of two months after the Bundestag has taken the decision, provided that a
minimum of 100 persons entitled to vote support the complaint.
Legal bases
Bundestag election: Sections 8 (1), 9 of the Federal Elections Act (BWG), Sections 4, 5 of
the Federal Electoral Regulations (BWO)
European election: Section 5 of the European Elections Act (EuWG), Section 4 of the European
Elections Act (EuWG) in conjunction with Section 9 of the Federal Elections Act
(BWG), Sections 4, 5 of the European Electoral Regulations (EuWO)
Last update: December 2009
©2012 The Federal Returning Officer
