Supporting signatures
At Bundestag elections
1.
Constituency nomination
If a constituency nomination requires the signatures of at
least 200 persons entitled to vote in the constituency, such
signatures shall be submitted on official forms as per Annex
14 of the Federal Electoral Regulations, the following
provisions being observed:
- The forms shall be supplied free of charge by the constituency returning officer on request.
The request must contain the surname, forenames and address (main residence) of the candidate for
nomination. If the body intending to submit the constituency nomination is a political party, that
party’s name and any shortened form of its name which the party uses must also be entered as the
designation of the nominating body; other constituency nominations must bear an identifying name.
In addition, parties must confirm that their candidate has been nominated at an assembly of members
or at a special or general assembly of delegates in accordance with Section 21 of the Federal
Elections Act. The constituency returning officer must record the information referred to in the
second to fourth sentences at the head of the forms.
- Persons eligible to vote who support a constituency nomination must affix their personal
handwritten signature to the declaration on the form; beside the signature, the surname, forenames,
date of birth and address (main residence) of the signatory, and the date of signature are to be
entered.
- For each signatory, certification by the local authority in whose voters’ register he or she is
registered shall be entered on the form or drawn up separately to the effect that at the time of
signature he or she is entitled to vote in the constituency in question. Separate certificates of
the right to vote are to be appended to the supporting signatures by the nominating body. Anyone
applying for a certificate of the right to vote on another person’s behalf must certify that the
person concerned supports the constituency nomination.
- A person eligible to vote may sign only one constituency nomination; where anyone has signed
more than one constituency nomination, such a person’s signature shall be invalid on each
nomination.
- Constituency nominations by parties may only be signed after the candidate has been nominated
by an assembly of members or delegates. Previous signatures shall be
invalid.
2. Land list
If a Land list requires the personal and handwritten signatures
of one per thousand of the persons entitled to vote
in the Land at the preceding Bundestag election, but no more than
2,000 persons eligible to vote, such signatures
shall be submitted on official forms as per Annex 21 of the
Federal Electoral Regulations.
- The forms shall be supplied free of charge upon request by the Land returning officer. The
request must contain the name of the party which intends to submit the Land list and any shortened
form of its name it uses. The Land returning officer must record this information at the head of
the forms.
- Otherwise, the stipulations issued above on supporting signatures for a constituency nomination
shall apply accordingly.
It has been the Federal Constitutional Court’s invariable practice to affirm the admissibility
of the supporting signature clause and it has stated that such a provision does not contravene the
principle of equality, but that it imposes a restriction on the approval of nominations which is
compatible with this principle and the equality of opportunity of the parties in
competition.
Legal bases:
Bundestag election: Sections 20, 27 of the Federal Elections Act (BWG); Sections 34, 39 of
the Federal Electoral Regulations (BWO)
At European elections
If a nomination has to be signed by a minimum number of persons entitled to vote, the
signatures shall be submitted on official forms as per Annex 14 of the European Electoral
Regulations, the following provisions being observed:
- Lists for individual Länder of parties and other political associations which have not been
continuously represented in the electoral area by at least five representatives in the European
Parliament, the German Bundestag or a Land parliament since the latest election on the basis of
nominations made by the party itself must bear the signatures of one per thousand of the persons
entitled to vote in the Land concerned at the latest election to the European Parliament, but of no
more than 2,000 persons eligible to vote. Combined lists for all Länder of parties entitled to
nominate a candidate must additionally bear the signatures of 4,000 persons entitled to vote.
- The forms for combined lists for all Länder shall be supplied on request and free of charge by
the Federal Returning Officer, those for individual Land lists by the competent Land returning
officer. The request must contain the name and the shortened form of the nominating body or the
name and the identifying name and it has to specify the Land for which the nomination is being made
or whether the nomination is being made for all Länder.
- The persons entitled to vote who support a nomination must personally sign the declaration on
the form by hand. Beside the signature, the surname, forenames, date of birth and address (main
residence) of the signatory are to be entered. Persons eligible to vote under Section 6 (1), no. 2
(b) and Section (2) of the European Elections Act (Germans living abroad) shall also indicate their
last place of residence in the Federal Republic of Germany or state that they have never been
registered for a place of residence in that area; they must certify their right to vote by
providing the information specified in Annex 2 of the European Electoral Regulations and by making
an assurance in lieu of an oath. Persons entitled to vote under Section 6 (3) of the European
Elections Act (Union citizens) must certify their right to vote by making an assurance in lieu of
an oath in accordance with Annex 14A of the European Electoral Regulations.
- For each signatory, certification by the municipal authority in whose voters' register he or
she is registered shall be entered on the form or drawn up separately to the effect that he or she
is entitled to vote in the Land in question. Separate certificates of the right to vote must be
appended to the supporting signatures by the parties entitled to make a nomination on submission of
the nomination. Applicants for a certificate of the right to vote on another person's behalf must
certify that the person concerned supports the nomination.
- A person entitled to vote may support only one nomination; if someone has signed several
nominations, his or her signature shall be invalid on all nominations.
- Signatures may only be collected after the nomination has been established. Signatures made
prior to this shall be invalid.
Legal bases:
European election: Section 9 (5) of the European Elections Act (EuWG); Section 32 (3) of the
European Electoral Regulations (EuWO)
Last update: December 2009
See also:
©2012 The Federal Returning Officer