What should be regarded as entrance area depends on the location. Voters must be able to enter the polling station without their electoral behaviour being impeded or influenced.

Electioneering is illegal also in the direct surroundings of the building where voting takes place if its form and content may influence voters in casting their votes. This is the case, for instance, when loudspeaker announcements made outside the building are so loud that they can be clearly heard in the polling station.

The electoral board is responsible for maintaining public order in the polling station. If the ban on undue influence is violated outside the polling station during polling hours, the electoral board has to inform the party exercising proprietary powers and the local police authority, if necessary, which may call for the police to intervene.

Surveys carried out by private opinion research institutes among voters leaving the polling station are admissible and not to be regarded as a procedure influencing the other voters, provided that the conduct of the poll and the counting of votes are not disturbed in any way. Such surveys are voluntary and anonymous. Any publication of results obtained by surveys conducted among voters after they have cast their votes – for instance via Twitter – is inadmissible before the end of polling hours. The publishing of results before that time is a breach of regulations which may be punished with a fine of up to € 50,000. 


Legal bases
Bundestag election: Section 32 of the Federal Elections Act (BWG)
European election: Section 4 of the European Elections Act (EuWG) in conjunction with Section 32 of the Federal Elections Act (BWG)

Last update: May 2011