Der Bundeswahlleiter

Establishment of the election result

at Bundestag elections

1. Counting of voters (ballot box voters and postal ballot voters)

The ballot papers shall be taken from the ballot box and counted. At the same time, the number of voting endorsements in the voters’ register and the number of polling cards collected shall be ascertained.

2. Counting of votes (ballot box voters and postal ballot voters)
Once the number of voters has been established, the members of the electoral board shall form separate ballot paper piles under the supervision of the electoral officer. How this is to be done is explained in Section 69 of the Federal Electoral Regulations. The essential steps are:

Sorting of the ballot papers by the nominations ticked.
Counting of the ballot papers for each nomination, thereby recording the number of votes per nomination.
Announcement by the electoral officer of the candidate for whom the vote on each ballot paper has been cast. This procedure is supervised by the other board members.
omparison of the results ascertained. In case of discrepancies in the numbers these steps must be repeated.
The results established are entered in the election record which is then signed by all members of the electoral board.

3. Establishment of the election result for the constituency

The constituency returning officer shall examine the election records of the electoral boards for completeness and due form. On the basis of the election records, he shall compile the final result of the election for the constituency and of the election by Land list, recording the result by polling districts and adding the postal ballot results, in accordance with the sample given in Annex 30 of the Federal Electoral Regulations and compile subtotals for the municipalities and districts, taking the postal ballot voters into account wherever possible. Should doubts about the proper conduct of the election be raised on account of the election record or for any other reasons, the constituency returning officer shall resolve them wherever possible.

After the report by the constituency returning officer, the constituency electoral committee shall ascertain the election result for the constituency and declare

the number of persons eligible to vote,
the number of voters,
the number of valid and invalid first votes,
the number of valid and invalid second votes,
the number of valid first votes cast for the various candidates,
the number of valid second votes cast for the various Land lists.

The constituency electoral committee is entitled to correct the results established by the electoral board as well as to decide differently on the validity of votes cast. It shall make a note in the election record of any unresolved doubts. The constituency electoral committee shall also declare which candidate has been elected for the constituency.

4. Establishment of the election result for the Land on the basis of second votes

The Land returning officer shall examine the election records of the constituency electoral committees and thereafter compile the final election results in the various constituencies of the Land in accordance with the sample in Annex 30 of the Federal Electoral Regulations to establish the election result for the Land.
After the report by the Land returning officer, the Land electoral committee shall ascertain the result of the election for the Land on the basis of the number of second votes cast and shall declare

the number of persons eligible to vote,
the number of voters,
the number of valid and invalid second votes,
the number of valid second votes cast for the various Land lists, and
the number of second votes for the various Land lists to be taken into consideration for the distribution of seats (adjusted numbers).

The Land electoral committee is entitled to correct the results established by the electoral boards and constituency electoral committees.

5. Establishment of the election result for the Land lists
The Federal Returning Officer shall examine the election records of the Land electoral committees.

On the basis of the election records of the Land and constituency electoral committees, he shall establish

the number of second votes cast for the Land list of each party,
the total number of valid second votes cast in the electoral area,
the votes cast for the various parties as a percentage of the total number of valid second votes cast in the electoral area,
the number of constituency seats won by the various parties in the electoral area,
the adjusted number of second votes cast for the Land lists and combined lists of each party,
the number of successful constituency candidates which is to be deducted from the total number of deputies pursuant to he third sentence of Section 6 (1) of the Federal Elections Act.

He shall calculate the number of votes cast for the various Land lists and combined lists of the parties and assign the seats to the Land lists and combined lists. He shall likewise calculate the distribution of the seats obtained by each combined list among the various Land lists.

After the report by the Federal Returning Officer, the Federal Electoral Committee shall establish the overall result of the election by Land list and shall declare for the electoral area

the number of persons eligible to vote,
the number of voters,
the number of valid and invalid second votes,
the number of valid second votes accredited to the various parties,
the parties which, pursuant to Section 6 (6) of the Federal Elections Act,
shall be taken into consideration in the distribution of list seats,
shall be disregarded in the distribution of list seats,
the adjusted number of second votes accredited to the various combined lists,
the number of seats accredited to the various combined lists and Land lists,
which Land list candidates are elected.

The Federal Electoral Committee is entitled to correct the results established by the Land electoral committees.

Legal bases
Bundestag election: Sections 37 to 42 of the Federal Elections Act (BWG), Sections 67 to 69, 71, 72, 74 to 78 of the Federal Electoral Regulations (BWO)

at European elections

1. Counting of voters (ballot box voters and postal ballot voters)

The ballot papers shall be taken from the ballot box and counted. At the same time, the number of voting endorsements in the voters' register and the number of polling cards collected shall be established.

2. Counting of votes (ballot box voters and postal ballot voters)

Once the ballot papers, the voting endorsements and the polling cards have been counted, several members of the electoral board shall form separate piles of ballot papers under the supervision of the electoral officer. How this is to be done is prescribed in Section 62 of the European Electoral Regulations. It essentially involves:

Sorting the ballot papers according to the marked nominations.
Counting the ballot papers separately for each nomination, and recording the number of votes per nomination.
The electoral officer announcing the candidate for whom the vote on each ballot paper has been cast, this procedure being supervised by the other board members.
Comparing the results previously established. In the event of discrepancies in the numbers these steps must be repeated.
Entering the results established in the election record, which is then signed by all members of the electoral board.

3. Establishment of the result for urban districts and districts

The district or urban district returning officer shall examine the election records of the electoral boards for completeness and due form. In accordance with the specimen in Annex 26 of the European Electoral Regulations and on the basis of the election records, he or she shall compile the final result of the election in the district or the urban district according to polling districts, adding the postal ballot result, and establish subtotals for the municipalities, taking the postal ballot voters into account as far as possible. Should doubts regarding the proper conduct of the election arise on account of the election record or for any other reasons, the district or urban district returning officer shall resolve them wherever possible.

After the report has been issued by the district or urban district returning officer, the district or urban district electoral committee shall establish the election result for the district or urban district and declare

the number of registered voters,
the number of voters,
the number or valid and invalid votes,
the number of valid votes cast for each nomination.

The district or urban district electoral committee is entitled to correct figures calculated by the electoral board and to decide differently on the validity of votes cast. It shall make a note of any unresolved doubts in the election record.

4. Establishment of the result for the Land

The Land returning officer shall examine the election records of the district and urban district electoral committees and then compile the final election results in the various districts and urban districts of the Land, in accordance with the specimen in Annex 26 of the European Electoral Regulations, to establish the election result for the Land.

After the report has been issued by the Land returning officer, the Land electoral committee shall establish the election result in the Land and declare

the number of registered voters
the number of voters,
the number or valid and invalid votes,
the number of valid votes cast for each nomination.

The Land electoral committee is entitled to correct figures calculated by the electoral boards as well as by the district or urban district electoral committees.

5. Establishment of the result for the electoral area

The Federal Returning Officer shall examine the election records of the Land electoral committees.

On the basis of the election records of the Land electoral committees as well as the district or urban district electoral committees, he or she shall establish

the number of valid votes cast for the nominations of each party entitled to make a nomination,
the total number of valid votes cast in the electoral area, and
the percentage of votes cast for the various parties in the electoral area with respect to the total number of valid votes.

The Federal Returning Officer shall calculate the numbers of votes cast for the various Land lists and combined lists and distribute the seats to the Land lists and combined lists. He or she shall likewise calculate the distribution of the seats obtained by each combined list among the various Land lists.

After the report has been issued by the Federal Returning Officer, the Federal Electoral Committee shall establish the overall result of the election and shall declare for the electoral area:

the number of registered voters,
the number of voters,
the number of valid and invalid votes,
the number of valid votes cast for the nominations of each party entitled to make a nomination,
the nominations which
shall be taken into consideration in the allocation of seats,
shall be disregarded in the allocation of seats,
the number of seats accredited to the various nominations to be taken into account,
the candidates elected.

The Federal Electoral Committee is entitled to correct figures calculated by the Land electoral committees.

Legal bases

European election: Sections 60 to 62, 64, 67 to 71 of the European Electoral Regulations (EuWO)

Last update: March 2008