The Federal Elections Act contains detailed provisions concerning the procedure followed for Bundestag elections, in particular regarding the electoral system, the electoral bodies, franchise and eligibility to stand for parliament, the poll and the establishment of the election result.
The Description of Constituencies (Annex to Section 2 Subsection 2 BWG) contains the boundaries and descriptions of the constituencies for the elections to the Bundestag, last amended by the Twentythird Law amending the BWG of 3 May 2016 (Federal Law Gazette I, p. 1062).
As authorised by Section 52 of the Federal Electoral Law, the Federal Ministry of the Interior has issued Federal Electoral Regulations for the implementation of the Federal Electoral Law which specify the provisions of the Federal Electoral Law.
The Federal Electoral Regulations in particular contain provisions governing the appointment and the activities of the electoral bodies, the individual preconditions concerning the entry into the voters’ register, the approval of nominations and the postal ballot.
This act regulates the legal status of Members of the German Bundestag. It contains rules on the application for parliamentary seats, the legal status of public servants elected as members of the Bundestag, benefits for current and former members of the Bundestag, the independence of members of the Bundestag and the law on parliamentary groups in the Bundestag.
The Act on Political Parties contains specific provisions by federal Law concerning party legislation, especially with regard to the constitutional status and functions of political parties as well as the concept of a “political party”. Furthermore, it regulates several sectors of the party system, for instance designation and internal organization, equal treatment, principles and the extent of state funding, rendering of account and the implementation of the ban on unconstitutional parties.
The organization of parties as an association ist regulated by the rules on associations contained in Sections 21 to 79 of the Civil Code. German political parties are generally organized as unregistered associations, i. e. associations without legal personality. However, according to Section 3 of the Party Law and court rulings, political parties organized as unregistered associations have restricted legal capacity. Some German political parties are also organized as registered associations (eingetragener Verein, e. V.)
The Act on Electoral Statistics serves as a legal basis for compiling general and representative statistics of the elections to the German Bundestag and the elections of members of the European Parliament from the Federal Republic of Germany. The Act regulates measures to ensure the secrecy of the ballot and statistical confidentiality.
The Penal Code contains provisions regulating the loss of the right to hold public office, the eligibility to stand for election and the right to vote in consequence of criminal acts as well as criminal acts during elections and ballots.
The Act on the Federal Constitutional Court (BVerfGG) contains provisions concerning the jurisdiction of the Federal Constitutional Court, the procedure and individual types of proceedings. The Federal Constitutional Court decides, for instance, whether political parties are unconstitutional. It also rules on complaints filed against decisions of the Bundestag regarding the validity of a Bundestag or European election, and on complaints of associations about their not having been recognized as political parties in a Bundestag election.