Der Bundeswahlleiter

Land returning officer

Land returning officers for Bundestag and European elections and their deputies shall be appointed for an indefinite period by the Land government or the agency designated by it.

At Bundestag elections, the duties of the Land returning officer are, among others:

to appoint the members of the Land electoral committee and chair their meetings
to decide on the appointment of joint constituency electoral bodies for several constituencies
to procure official forms
to call for submission of Land lists
to receive and pre-examine the Land lists submitted
to check the candidates for inadmissible double candidature
to monitor the decisions taken by the Land electoral committee on the admission of Land lists, with the right to appeal to the Federal Electoral Committee
to publish the Land lists admitted
to notify the constituency returning officers of the order of the admitted Land lists and of the names of the first five candidates on each Land list
to observe the election and respond to inquiries by other electoral bodies
to ascertain and announce the provisional election result for the Land
to prepare the establishment of the final election result by Land lists on the part of the Land electoral committee
to forward a copy of the election record of the Land electoral committee and a compilation of the final election result for the constituencies of the Land to the Federal Returning Officer
to inform the candidates who have been elected by Land list
to declare the final election result for the Land
to check the election in the Land for proper conduct, with the right to lodge an objection in the electoral scrutiny procedure
to stipulate the date of a possible deferred election, by-election or repeat election
to receive the declarations of candidates refusing membership of the German Bundestag
to appoint successors from the list
to prosecute administrative offences as per Section 48 a (1) No 1 of the Federal Elections Act.

Legal bases

Bundestag election: Sections 8, 9, 19, 28, 42 to 45, 48, 49 a of the Federal Elections Act (BWG); Sections 2, 4, 32, 37, 39 to 43, 71, 77, 79 to 84, 86, 88, 90 of the Federal Electoral Regulations (BWO); Section 2 (2) of the Law on the Scrutiny of Elections (WPrüfG)

At European elections, the duties of the Land returning officer are, among others:

to appoint the members of the Land electoral committee and act as its chairperson
to call for the submission of nominations
to receive and pre-examine the nominations - Land lists –
to check the candidates for inadmissible double candidature
to exercise the right to lodge an appeal against decisions taken by the Land electoral committee concerning the admission or rejection of a nomination
to announce the order of the nominations on the ballot papers and notify the Federal Returning Officer
to establish the provisional election result for the Land and report it to the Federal Returning Officer
to scrutinize the election result
to announce the final election result for the Land
to exercise the right to lodge an objection in the electoral scrutiny procedure
to determine the date of a possible deferred or repeat election
to procure official forms

Legal bases
European election: Sections 5, 11, 13, 14 of the European Elections Act (EuWG); Section 4 of the European Elections Act (EuWG) in conjunction with Section 9, 43 (2), 44 (3) of the Federal Elections Act (BWG); Sections 4 (1), 31 to 35, 37, 64, 70, 72, 74, 75, 76, 81, 83 of the European Electoral Regulations (EuWO); Section 2 (2) of the Law on the Scrutiny of Elections (WPrüfG)

Last update: March 2008