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Electoral scrutiny

Where Bundestag and European elections are concerned, electoral scrutiny is the responsibility of the German Bundestag. The checking of electoral documents by the constituency/district/town and Land returning officers immediately after the election is sometimes also referred to as scrutiny of the election. Electoral scrutiny in the narrow sense, however, is the decision on the validity of the election. It is based on the provisions of the Law on the Scrutiny of Elections and takes into account any objections lodged against the election. The decision to be taken by the plenary assembly of the German Bundestag is prepared by the Committee for the Scrutiny of Elections. An objection against the decision taken by the German Bundestag may be lodged with the Federal Constitutional Court within a two-month period.


Legal bases
Bundestag election: Article 41 (1) of the Basic Constitutional Law (GG), Section 49 of the Federal Elections Act (BWG), Law on the Scrutiny of Elections (WPrüfG)
European election: Section 26 of the European Elections Act (EuWG); Law on the Scrutiny of Elections (WPrüfG) 

Last update: December 2012

See also: ©2012 The Federal Returning Officer