Dementia diseases
Electoral law does not provide for any specific regulation governing the right to vote of
persons suffering from dementia and its execution. As a matter of principle, persons suffering from
dementia are entitled to vote under Section 12 (1) of the Federal Elections Act, provided they are
Germans and above the age of 18.
However, if a person suffering from dementia is no longer able to handle his or her affairs
alone and has been placed under care and control, this may also affect that person’s right to vote.
Under Section13 no. 2 of the Federal Elections Act a person shall be disqualified from voting if a
custodian has been appointed not only through a restraining order to attend to all his or her
affairs. This also applies when the custodian’s sphere of duties does not include the affairs set
forth in Section 1896 (4) and Section 1905 of the Civil Code.
Legal basis
Bundestag election: Section 13 of the Federal Elections Act (BWG)
European election: Section 6a of the European Elections Act (EuWG)
Last update: March 2010
See also:
©2012 The Federal Returning Officer
