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Electoral scrutiny

The scrutiny procedure examines the validity of a Bundestag election or a European election and whether subjective rights have been violated in the election procedure. Electoral scrutiny is the responsibility of the German Bundestag. Although the checking of electoral documents by the constituency/district/town returning officer and Land returning officer immediately after the election is sometimes also referred to as scrutiny of the election, this is not electoral scrutiny in the narrow sense.

The electoral scrutiny procedure is governed by the provisions of the Law on the Scrutiny of Elections. To initiate the procedure, a written objection has to be lodged with the German Bundestag. Such an objection may be filed by anyone entitled to vote, any group of persons entitled to vote and, in their official capacities, by any Land returning officer, the Federal Returning Officer and the President of the German Bundestag. The objection has to be substantiated. It has to be received by the German Bundestag within two months after election day. The decision of the Bundestag is prepared by the Committee for the Scrutiny of Elections. The German Bundestag finally decides on the objection in plenary sitting. Within two months’ time, a complaint against that decision may be lodged with the Federal Constitutional Court (electoral complaint).

Last update: 18 April 2023