The election being direct means that the deputies are elected directly by the citizens, meaning that there are no delegated electors between the electors and the elected who perform the actual act of voting in the citizens’ stead.

The election being free means that the voters may exercise their right to vote without constraint or other inadmissible outside influence. The purpose of free elections is to safeguard free, comprehensive activity in connection with the election before and after the poll. In particular, the freedom of expression and the right of free access to information are protected here. 

The election being equal means that no differentiation may be made in the weight of the vote cast by any citizen on the grounds of education, capacity to understand, religion, wealth, race, status, sex or political views. This principle of equal election rights further implies that everybody should be given the opportunity to exercise their right to vote in as like a manner as possible with respect to formal procedures. 

The principle of the election being secret requires appropriate measures to be taken (safeguards such as polling booths, covert act of voting, sealed ballot box, etc.) to ensure that there can be no ascertaining how any individual has voted. Votes shall be cast uninfluenced by others. It must be possible for any individual to keep his or her election decision secret. Voters casting their votes by postal ballot must declare by an affirmation in lieu of an oath that they have cast their votes in secret. Thus the secrecy of the ballot is preserved also in the postal ballot.

Legal bases
Bundestag election: Article 38 of the Basic Law (GG); Section 1 of the Federal Elections Act (BWG)
European election: Article 190 of the EC Treaty; Article 1 of the Direct Elections Act; Section 1 of the European Elections Act (EuWG)

Last update: March 2008