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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The Constituency Commission has the task of reporting changes in the population figures in the electoral area and to show whether and which changes in the division of the electoral area into constituencies it considers necessary. In its report, it may also propose changes for other reasons.
Source: Federal Elections Act, Section 3 (3)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments: a) National (German Bundestag).
Source: Federal Elections Act, Section 3 (4)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population d . Conformity with local jurisdiction boundaries
Comments: The following criteria apply for changes to delimitation of constituencies:
1. The Länder (state) boundaries shall be respected.
2. The population of a constituency should not deviate from the average population of the constituencies by more than 15 per cent in either direction ; where the deviation constitutes more than 25 per cent, a re-delimitation shall be made.
3. The number of constituencies in the respective Länder (state) should as far as possible correspond to the latter's share of the total population.
4. Each constituency should form a coherent area.
5. Wherever possible, the boundaries of municipalities, districts and towns independent of district administration should be respected.
Source: Federal Elections Act, Section 3 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
BD004
Question: If population is a criterion, which population figure is used?
Answer:
b . Citizen population
Comments: More specifically, the population of the Länder (states) as a percentage of the national population.
Source: Federal Elections Act, Section 3 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments: The Federal President shall appoint a permanent Constituency Delimitation Commission. It shall consist of the President of the Federal Statistical Office, a judge of the Federal Administrative Court, and five other members.
The report of the Constituency Delimitation Commission shall be rendered to the Federal Ministry of the Interior within fifteen months after the beginning of the legislative term of the Bundestag. The Federal Ministry of the Interior shall immediately forward it to the Bundestag and shall publish it in the Federal Official Bulletin. At the request of the Federal Ministry of the Interior, the Constituency Delimitation Commission shall render a supplementary report ; in this case the second sentence shall apply mutatis mutandis.
Source: Federal Elections Act, Section 3 (2 - 4)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
d . Changes in distribution of total population g . Changes in administrative boundaries k . Boundaries redrawn every____period of years
Comments: The Boundary Commission makes recommendations for the redrawing of boundaries approximately every four years but the German Bundestag may choose to ignore such suggestions and has often done so in the past. https://aceproject.org/main/english/bd/bdy_de.htm
Examples of Recent Changes in German Constituencies:
https://www.bundeswahlleiter.de/en/bundestagswahlen/2021/wahlkreiseinteilung.html#c205befa-cea2-4369-9ebf-1cde0077d305
Source: Federal Elections Act, Section 3 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
e . Elected by electoral college or committee
Comments: The Federal President is elected by the Federal Convention. The Federal Convention consists of the members of the House of Representatives (Bundestag) and an equal number of members elected by the parliaments of the States (Länder) according to the principles of proportional representation
Source: Constitution, Art. 54
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2025/03/06
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The Head of Government (Federal Chancellor) is elected by the House of Representatives (Bundestag) upon the proposal of the President. The person obtaining the votes of the majority of the members of the House of Representatives (Bundestag) is elected. The person elected is appointed by the President.
Source: Constitution, Art. 63
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2025/03/06
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution, Art. 54 - 61
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2025/03/06
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The legislature is divided into two chambers: the Bundestag and the Bundesrat.
Source: Constitution, Chapter III (The Bundestag) and IV (The Bundesrat)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2025/03/06
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
h . Mixed Member Proportional
Comments: The German Bundestag shall, subject to variations resulting from this Law, consist of 598 members. They shall be elected in a general, direct, free, equal and secret ballot by the Germans eligible to vote, in accordance with the principles of proportional representation combined with uninominal voting.
Source: Federal Elections Act, Section 1
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Constitution, Art 38
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2025/03/06
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
j . By appointment
Comments: (1) The Bundesrat shall consist of members of the Land governments, which appoint and recall them.
Other members of those governments may serve as alternates.
(2) Each Land shall have at least three votes; Länder with more than two million inhabitants shall have
four, Länder with more than six million inhabitants five and Länder with more than seven million
inhabitants six votes.
(3) Each Land may appoint as many members as it has votes. The votes of each Land may be cast
only as a unit and only by Members present or their alternates.
Source: Constitution, Ch.4, Art.51
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/15
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
e . Hare
Comments: e) Hare/Niemeyer
Source: Doreen Namislo, Bundeswahlleiter (Federal Returning Office)
https://www.bundeswahlleiter.de/en/service/glossar/h/hare-niemeyer.html
Verified: 2021/11/15
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level
Comments: The seats parties achieved on national level are under-distributed on up to 16 Länder-lists of every party and takes into account constituency gains.
Source: Federal Elections Act, Ch.1, Sections 5 - 6
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
c . Regional or provincial level
Comments: The Bundesrat consists of members of the 16 Land governments. They are elected on Land-Level. The quantities of population in each of the 16 Länder determine the number of seats for each Land.
Source: Constitution, Ch.4, Art.51 (1)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/15
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: No seats are reserved, but special regulations apply.
Source: Federal Elections Act, Section 20 (2), third sentence, Section 27 (1), fourth sentence
Federal Elections Act, Section 6 (3), second sentence
Verified: 2021/11/15
ES011
If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
No seats are reserved, but special regulations have been included in the Federal Elections Act regarding the requirement to provide supporting signatures for constituency nominations and Land lists of political parties representing national minorities. Also, the five per cent clause does not apply to Land lists submitted by parties representing national minorities.
Source
Federal Elections Act, Section 20 (2), third sentence, Section 27 (1), fourth sentence
Federal Elections Act, Section 6 (3), second sentence
Verified
2021/11/15
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source: Constitution, Ch.4, Art.51 (1-3)
Verified: 2021/11/15
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: b.) 5%
In the distribution of seats among Land lists, only parties that have obtained at least five per cent of the valid second votes cast in the electoral area or have won a seat in at least three constituencies shall be taken into consideration. The first sentence shall not apply to the lists submitted by parties representing national minorities.
Source: Federal Elections Act, Section 6 (3)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments: Senators are appointed by the State governments.
Source: Constitution, Ch.4, Art.51(1-3)
Verified: 2021/11/15
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments: The independent candidate must achieve the majority in the constituency.
Source: Federal Elections Act, Section 5
Verified: 2021/11/15
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/06/24
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) c . On a fixed day of the week (specify day, specify if holiday)
Comments: a.) Chamber 1 (Bundestag) is elected every four years. The Federal President shall determine the day of the general election (election day).
c.) Election day must be a Sunday or a statutory public holiday.
Source: Constitution, Ch.3, Art. 39
Federal Elections Act, Ch.4, Section 16
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/15
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments: Senators are appointed by the State governments.
Source: Constitution, Ch.4, Art.51
Verified: 2021/11/15
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Federal Elections Act, Ch.4, Section 16
Verified: 2021/11/15
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/11/15
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution c . Decree
Comments: The Constitution contains certain clauses on elections(Art. 38 – 48), however separate elections legislation exists.
Source: Doreen Namislo, Bundeswahlleiter (Federal Returning Office)
Constitution of Germany, Art 38-48
Federal Elections Act, 1993
Verified: 2021/11/16
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: 3 June 2021(Federal Law Gazette I p. 1482)
Source: Federal Elections Act: https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/16
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments: Members of the German Bundestag shall be elected in general, direct, free, equal and secret elections. They shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience.
Details shall be regulated by a federal law
Source: Constitution, Ch.3, Art.38
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/16
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Members of the German Bundestag shall be elected in general, direct, free, equal and secret elections. They shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience.
Source: Constitution, Ch.3, Art.38(1)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/16
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments: There are no provisions in the law which permit or require regional and/or local election(s) to be held on the same day as national elections, but there are also no provisions that forbid that. For instance, in September 2021, Berlin voted in the federal elections, and elected representatives at the state and district level.
Source: Constitution of Germany, Art 38-48
Federal Elections Act, 1993
Verified: 2021/11/16
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments: The Federal President of Germany is not elected by the people, he is elected by a specially convened body called the Federal Assembly (Bundesversammlung) that consist of all Members of the German Bundestag (Chamber 1) and a equal number of members of the German Bundesrat (Chamber 2). So it is not possible to elect Chamber 1 and the president on the same day.
Source: Constitution, Art. 54: https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/16
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary d . Other
Comments: The electoral scrutiny is the responsibility of the parliament (German Bundestag). Complaints against decisions by the Bundestag may be brought to the Federal Constitutional Court.
Source: Constitution, Ch.3, Art.41 (1,2)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Federal Constitutional Court Act
http://www.bundesverfassungsgericht.de/SharedDocs/Downloads/EN/Gesetze/BVerfGG.pdf?__blob=publicationFile&v=2#:~:text=The%20Federal%20Constitutional%20Court%20may,for%20other%20constitutional%20court%20proceedings.&text=Applications%20for%20a%20decision%20pursuant,or%20by%20a%20Land%20government.
Verified: 2021/11/16
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments: The Bundestag is responisible for first level of formal electoral disputes.
Source: Constitution, Ch.3, Art.41
Verified: 2021/11/16
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
c . Voters e . Other
Comments: e) Each voter, each group of voters, each national returning officer, the Federal Returning Officer and the President of the Bundestag can make an objection.
Source: Electoral scrutiny law (Wahlprüfungsgesetz), § 2 (2)
https://www.bundeswahlleiter.de/en/dam/jcr/d22395a1-65b2-46d1-8925-ef240afd8aac/wahlpruefungsgesetz_engl.pdf
Verified: 2021/11/16
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments: The Federal Constitutional Court.
Source: Constitution, Ch.3, Art.41 (2)
Verified: 2021/11/16
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee c . Government
Comments: Bills may be introduced by the Federal Government, by the Bundesrat, or from the floor of the Bundestag.
Source: Constitution, Ch.7, Art. 76 (1)
Verified: 2021/11/16
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments:
Source: Federal Elections Act, Section 18 (4)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2025/03/12
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature d . A national government department
Comments:
Source: Hermann Glaab, Deputy Federal Returning Officer, Germany, bundeswahlleiter(a)destatis.de
Verified: 2021/06/30
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: The Electoral Management Body reports to the Ministry of the Interior, the budget of which is regulated by the legislature.
Source: Hermann Glaab, Deputy Federal Returning Officer, Germany, bundeswahlleiter(a)destatis.de
Verified: 2025/03/12
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: The Electoral Management Body reports to the Ministry of the Interior, the budget of which is regulated by the legislature.
Source: Hermann Glaab, Deputy Federal Returning Officer, Germany, bundeswahlleiter(a)destatis.de
Verified: 2025/03/12
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
d . Other
Comments: The Federal Electoral Committee continues to exist after the general election but not beyond the end of the legislative term
Source: https://www.bundeswahlleiter.de/en/service/glossar/b/bundeswahlausschuss.html#id-0
Verified: 2025/03/12
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
e . Governmental appointment
Comments: The Federal Returning Officer and his Deputy shall be appointed by the Federal Ministry of the Interior, Building and Community; the Land Returning Officers, Constituency Returning Officers and Electoral Officers and their Deputies shall be appointed by the Land Government or the agency designated by it.
Source: Federal Elections Act, Section 9 (1)
Verified: 2021/11/16
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments:
Source: Electoral Management Design: The International IDEA Handbook (https://www.idea.int/publications/catalogue/electoral-management-design-revised-edition?lang=en)
Verified: 2025/03/12
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: The Federal Electoral Committee is composed of the Federal Returning Officer as chairperson, eight Committee members and two judges of the Federal Administrative Court
Source: https://www.bundeswahlleiter.de/en/service/glossar/b/bundeswahlausschuss.html#id-0
Verified: 2025/03/12
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments:
Source: Federal Elections Act, Section 9 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2025/03/12
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
i . Other
Comments: The Federal Returning Officer and his Deputy shall be appointed by the Federal Ministry of the Interior; the Land Returning Officers, Constituency Returning Officers and Electoral Officers and their Deputies shall be appointed by the Land Government or the agency designated by it.
Source: Federal Election Act, Section 9 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2025/03/12
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body d . National Government
Comments: The EMB has a voting information section on its website that includes all relevant information related to voting such as dates, deadlines, how to vote etc.
Source: Der Bundeswahlleiter (Federal Returning Officer Website), http://www.bundeswahlleiter.de/en/
Verified: 2025/03/06
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: The EMB has a voting information section on its website that includes all relevant information related to voting such as dates, deadlines, how to vote etc.
Source: Der Bundeswahlleiter (Federal Returning Officer Website), http://www.bundeswahlleiter.de/en/
Verified: 2025/03/06
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government
Comments: The EMB has a voting information section on its website that includes all relevant information related to voting such as dates, deadlines, how to vote etc.
Source: Der Bundeswahlleiter (Federal Returning Officer Website), http://www.bundeswahlleiter.de/en/
Verified: 2025/03/06
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises e . Public meetings f . Mail-outs g . Internet
Comments:
Source: Simulation Exercise Wahl-o-mat: https://www.bpb.de/politik/wahlen/wahl-o-mat/
Poster: https://www.imago-images.com/offers/449988/News/Politics/Federal-election-2021-Election-posters-in-Allgaeu-?db=stock
Media Advertisement: https://www.dw.com/en/promotion-bundestagswahl/av-59655229
Verified: 2021/11/16
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises e . Public meetings f . Mail-outs g . Internet h . Handouts (printed material)
Comments:
Source: Simulation Exercise Wahl-o-mat: https://www.bpb.de/politik/wahlen/wahl-o-mat/
Poster: https://www.imago-images.com/offers/449988/News/Politics/Federal-election-2021-Election-posters-in-Allgaeu-?db=stock
Media Advertisement: https://www.dw.com/en/promotion-bundestagswahl/av-59655229
Verified: 2021/11/16
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled b . Young people/ first time voters d . Ethnic minorities f . Illiterates
Comments:
Source: https://www.bundeswahlleiter.de/bundestagswahlen/2021/informationen-waehler/barrierefreies-waehlen.html
https://www.instagram.com/wahlleiter_bund/?hl=en
https://www.deutschlandradio.de/hilfe-fuer-analphabeten-bei-der-bundestagswahl.331.de.html?dram:article_id=258892
Verified: 2021/11/16
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Constitution, Art.38 (2)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2025/03/06
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: Registration for voting requires an individual to have had a domicile or have otherwise been permanently resident for at least three months in the Federal Republic of Germany.
Source: Federal Elections Act, Sections 12-13
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2025/03/06
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
d . Mental disability h . Other
Comments: A person shall be disqualified from voting if he or she is not eligible to vote owing to a judicial decision.
Source: Federal Elections Act, Ch.3, Section 13
Verified: 2021/11/17
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: The local authorities shall maintain a register of persons entitled to vote for each polling district. The voters' register shall be laid out on display for the general public on working days from the twentieth until the sixteenth day before the election.
Source: Federal Elections Act, Section 17 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2025/03/06
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments: Voters register (developed by register of residence)
Source: Federal Elections Act, Ch.4, Section 17 (1)
Verified: 2021/11/17
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments:
Source: Federal Elections Act, Ch.4, Section 17 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/17
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
d . Registration by mail e . Appearance by voter at registration office j . Other
Comments:
Source: Federal Elections Act, Ch.4, Section 17
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Federal Electoral Regulations, Ch.2, Sections 14, 16, 22, 23
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2021/11/17
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: The local authority must include all eligible citizens on the voter registry, however it is not mandatory to vote.
Source: Federal Elections Act, Art. 17
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Federal Electoral Regulations, Art 14, 16
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2025/03/06
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement)
Comments: A party which has not been continuously represented by at least five representatives in the Bundestag or in a Landtag (state parliament) since the last election on the basis of nominations made by the party itself may only submit a nomination as a party if it has announced its intended participation in the election to the Federal Returning Officer in writing not later than the ninetieth day before the election and has been recognized as a party by the Federal Electoral Committee. Such notification must include the name to be used by the party in the election. It must be personally signed by at least three members of the national executive committee, including the chairman or his deputy. If a party does not have a national executive committee, the management committee of the party's principle organization shall function in its place. The party's written statutes and written programme as well as proof that the executive committee has been duly appointed in accordance with the statutes shall accompany the notification.
Constituency nominations of parties must bear the personal and handwritten signatures of the members of the executive committee of the Land branch of the party or, where such Land branches do not exist, the personal and handwritten signatures of the members of the executive committee of the next lower regional branches in whose area the constituency lies. Constituency nominations of the parties specified in Section 18 subsection (2) above must in addition bear the personal and handwritten signatures of at least 200 persons eligible to vote in the constituency; they must be eligible to vote at the
time they sign the nomination and proof of this must be furnished when the nomination is submitted. The requirement to present 200 signatures shall not apply to constituency nominations of parties representing national minorities.
Source: Federal Elections Act, Ch.4, Art. 18 - 20
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/17
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments: The Bundesrat (Chamber 2) shall consist of members of the Land governments, which appoint and recall them.
Source: Constitution, Ch.4, Art.51
Verified: 2021/11/17
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship
Comments: A person shall be eligible to stand for election if, on election day, he or she
1. is German as defined in Article 116 paragraph (1) of the Basic Law and
2. has reached the age of eighteen years.
Article 116 Basic Law:
(1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person
who possesses German citizenship or who has been admitted to the territory of the German Reich
within the boundaries of 31 December 1937 as a refugee or expellee of German ethnic origin or as the
spouse or descendant of such person.
(2) Former German citizens who, between 30 January 1933 and 8 May 1945, were deprived of their
citizenship on political, racial or religious grounds and their descendants shall, on application, have
their citizenship restored. They shall be deemed never to have been deprived of their citizenship if
they have established their domicile in Germany after 8 May 1945 and have not expressed a contrary
intention.
Source: Federal Elections Act, Art. 15
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/17
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments: The Bundesrat (Chamber 2) shall consist of members of the Land governments, which appoint and recall them.
Source: Constitution, Ch.4, Art.51
Verified: 2021/11/17
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship
Comments: Any German who is entitled to vote in Bundestag elections and has attained the age of forty may be elected.
The Federal President may not be a member of the government or of a legislative body of the Federation or of a Land (Article 55 (1) of the Basic Law). Nor may the Federal President hold any other salaried office, or engage in any trade or profession, or belong to the management or supervisory board of any enterprise conducted for profit (Article 55 (2) of the Basic Law).
Source: Constitution, Chapter 5, Art. 54-55
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/17
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
o . Other
Comments: A person shall be ineligible to stand for election if he or she
1. is disqualified from voting under Section 13 or
2. has been deprived by judicial decision of eligibility to hold public or political office.
Section 13:
A person shall be disqualified from voting if he or she is not eligible to vote owing to a
judicial decision.
Source: Federal Electoral Law, Ch.3, Sections 13 and 15 (2)
Verified: 2021/11/17
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source: Hermann Glaab, Deputy Federal Returning Officer, Germany, bundeswahlleiter(a)destatis.de
Verified: 2002/06/25
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: Constitution, Chapter 3, Art. 38 (2)
Constitution, Chapter 5, Art. 54 (2)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/17
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments:
Source: Federal Elections Act, Ch.4, Sections 18 - 21
Verified: 2021/11/17
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments: The Bundesrat (Chamber 2) shall consist of members of the Land governments, which appoint and recall them.
Source: Constitution, Ch.4, Art.51
Verified: 2021/11/17
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
d . Other
Comments: The Federal President shall be elected by the Federal Convention without debate. Any German
who is entitled to vote in Bundestag elections and has attained the age of forty may be elected.
The Federal President may not be a member of the government or of a legislative body of the Federation or of a Land (Article 55 (1) of the Basic Law). Nor may the Federal President hold any other salaried office, or engage in any trade or profession, or belong to the management or supervisory board of any enterprise conducted for profit (Article 55 (2) of the Basic Law).
Source: Constitution, Chapter 5, Art. 54 (2) - 55
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Verified: 2021/11/17
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: The parties shall receive funds as a contribution towards the funding of the duties generally incumbent upon them under the Basic Law. The allocation of state funds shall depend on the success a party achieves with the voters in European, Bundestag and Landtag elections, on the sum of its membership and deputy fees and on the amount of money it obtains from donations.
(2) The maximum total volume of state funds which may be paid to all parties each year
shall be 190 million euros (absolute upper limit).
(3) Under the state partial funding program, the parties shall each year receive:
1. 0.70 euro for each valid vote cast for its list or
2. 0.70 euro for each valid vote cast for a party in a constituency or polling district whose list
was not approved in a Land, and
3. 0.38 euro for each euro which it has obtained as bestowals (membership fee, deputy fee
or rightfully obtained donation); in this context, only bestowals up to 3,300 euros per natural
person shall be taken into account.
Notwithstanding Numbers 1 and 2 above, the parties shall receive 0.85 euro for every vote
they obtain up to four million valid votes.
Source: Act on Political Parties, Article 18
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments: The determination and payment of state funds for the year of entitlement within the meaning of the law shall be
applied for by the parties in writing to the President of the German Bundestag by September 30 of the year of entitlement. Each year, on February 15, the President of the German Bundestag shall set the amount of of state funds for each eligible party for the previous year (year of entitlement).
Source: Act on Political Parties, Article 19 and 19a
Verified: 2021/11/17
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
d . Other
Comments:
Source: Act on Political Parties, Article 25, 27
Verified: 2021/11/17
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election e . Other
Comments: The parties shall receive funds as a contribution towards the funding of the duties generally incumbent upon them under the Basic Law. The allocation of state funds shall depend on the success a party achieves with the voters in European, Bundestag and Landtag elections, on the sum of its membership and deputy fees and on the amount of money it obtains from donations.
Source: Act on Political Parties, Article 18
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
c . Unspecified
Comments:
Source: Act on Political Parties, Article 25, 27
Verified: 2021/11/17
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Parties are entitled to accept donations. Donations can be given in cash up to the amount of 1,000 euros.
Source: Political Parties Act, Art. 25
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Political Parties Act, Art. 25
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure d . Ceilings on how much money a party can raise h . Publication or public access to contribution and / or expenditure reports
Comments:
Source: Political Parties Act, Art. 25-31
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source: Political Parties Act, Art. 25-31
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
d . Other
Comments: The President of the German Bundestag is largely responsible.
Source: Political Parties Act, Art. 25-31
https://www.bundeswahlleiter.de/en/dam/jcr/1aedeb82-9067-4321-acce-880ba22ddc28/parteiengesetz.pdf
Verified: 2021/11/17
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
a . Single ballot (all registered parties listed) l . No photos or logos, only party and/or candidate names
Comments: The ballot paper shall contain:
1. for constituency elections, the names of the candidates from the approved
constituency nominations; in the case of constituency nominations by parties, also
the names of these parties as well as any shortened form of their names they may
use; in respect of other constituency nominations, also the distinctive identifying
word;
2. for Land list elections, the names of the parties and any shortened form of their
names they may use as well as the family and Christian names of the first five
candidates from the approved Land lists.
Source: Federal Elections Act, Ch. 4, Section 30
Verified: 2021/11/19
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments: No ballot papers used as election is not carried out through public voting
Source:
Verified: 2021/11/19
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments: The Federal President shall be elected by the Federal Convention, consisting of Members of the Bundestag, without debate.
Source: Constitution, Chapter V, Art. 54 (1-3)
Verified: 2021/11/19
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: After polling has closed, the Electoral Board shall establish how many votes have been cast in the polling district for the individual constituency nominations and Land lists.
Source: Federal Elections Act, Section 37
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Federal Electoral Regulations, Art. 69
Verified: 2021/11/19
VC005
Question: What procedures are used in the initial count?
Answer(s):
a . Separate ballots for different elections b . Preliminary count of all ballots in ballot box c . Tally of voters who voted d . Number of ballots in box reconciled against number of voters h . Double tallying as voters are being called out j . Sorted into piles according to individual party/candidate k . Counted by machine l . Counted by hand m . Sorted by party list t . Other
Comments:
Source: Federal Electoral Law, Ch. 6, § 39
Verified: 2021/07/02
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level
Comments: c) From electoral district level to municipality to the Returning Officer to the National Returning Officer to Federal Returning Officer.
Source: Federal Electoral Regulation, Ch. 4, § 71
Verified: 2021/11/19
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: Elected applicant/national list candidates.
Source: Federal Electoral Law, Ch. 6, § 41
Verified: 2021/11/19
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
b . By telephone c . By fax f . By computer g . Internet
Comments: The fastest way (telephone or other electronic way).
Source: Federal Electoral Regulation, Ch. 4, § 71 (https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf)
Verified: 2021/07/02
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots b . Unused and spoiled ballots d . Voter rolls f . Certificate of result
Comments:
Source: Doreen Namislo, Bundeswahlleiter (Federal Returning Office)
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
d . Transported in boxes sealed with numbered seals e . Accompanied by election officials j . Other
Comments: The the Electoral Board shall close and seal the individual parcels, mark them with a note of their contents and hand them over to the local authority of the municipality. Until they are handed over to the local authority, the Electoral Officer
must ensure that the documents are not accessible to unauthorized persons.
The authority responsible for the receipt of ballot letters shall collect the ballot letters unopened and keep them under lock and key. It shall mark the date and time of receipt on each ballot letter received on election day after the close of polling; it shall mark ballot letters received from the day after election day onwards with
the date of receipt only.
Source: Federal Election Regulations, Sec.73 and 74
Verified: 2021/11/19
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments: Two Board members designated by the Electoral Officer shall verify the calculation (of votes). If a member of the Electoral Board requests a recount of the votes prior to the signature of the election record, the procedure stipulated in subsections (1) to (6) above shall be repeated. The reasons for the recount shall be minuted in the election record.
Source: Federal Electoral Regulations Section 69 (7)
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2021/11/19
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments: Ballots are not automatically recounted.
Source: Federal Electoral Regulations Section 69 (7)
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2021/11/19
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
c . Election officials
Comments: If a member of the Electoral Board requests a recount of the votes prior to the signature of the election record, the procedure stipulated in subsections (1) to (6) above shall be repeated. The reasons for the recount shall be minuted in the election record.
Source: Federal Electoral Regulations Section 69 (7)
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2021/11/19
VC014
Question: If recounted, who conducts the recount?
Answer(s):
b . Regional Election Management body c . Local Election Management body
Comments:
Source: Federal Electoral Regulations, Sec. 69, 1-6
Verified: 2021/11/19
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments: Upon receipt of the rapid reports from the local authorities of the municipalities, the Constituency Returning Officer shall ascertain the provisional election result for the constituency. Taking into account the results of the postal ballot (Section 75 subsection (4)), he or she shall communicate the provisional election result to the Land Returning Officer by the quickest means; in so doing, he or she shall intimate which candidate may be deemed elected. The Land Returning Officer shall report the constituency results continuously to the Federal Returning Officer as soon as each is received.
Source: Federal Electoral Regulation, Ch. 4, Section 71 (3)
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2021/11/19
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: Source: Federal Electoral Law, Ch. 6, Sections 41 and 42
Federal Electoral Regulation, Ch. 4, Sections 78 and 79
Verified: 2021/11/19
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
c . weeks:
Comments: c) Approximately 3 weeks.
Source: Hermann Glaab, Deputy Federal Returning Officer, Germany, bundeswahlleiter(a)destatis.de
Verified: 2009/11/04
Media and Elections
ME001
Please provide information about the person completing the questionnaire.
Name and Title: Doreen Namislo
Job Title: Assistant Lecturer
Organisation: Office of the Federal Officer
Contact Address: Gustav-Stresemann-Ring 11, 65189 Wiesbaden, Germany
Telephone: + 49 (0611) 75 - 2339
Facsimile: + 49 (0611) 75 - 3964
Email: [email protected]
Source
No Source
Verified
2012/06/13
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned
Comments: In Germany there is private radio only at the regional and local level; however, some of the stations can now be received nationwide via internet or satellite.
Source:
Verified: 2005/04/11
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments: Germany has several public and private radio stations.
Source: http://www.dradio.de/ (Deutschland Radio)
Verified: 2021/07/02
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
c . Privately owned
Comments: The press is free of government control, no newspaper is owned by a political party, and only about 10 percent of newspapers overtly support a political party, though most offer a distinctly political point of view.
Source: https://www.britannica.com/place/Germany/Media-and-publishing
Verified: 2021/11/20
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments: The press is free of government control, no newspaper is owned by a political party, and only about 10 percent of newspapers overtly support a political party, though most offer a distinctly political point of view.
Source: https://www.britannica.com/place/Germany/Media-and-publishing
Verified: 2021/11/20
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
d . Not applicable: no private radio stations exist
Comments: See comment to question A.1.1.
Source:
Verified: 2005/04/13
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/04/13
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments: The press is free of government control, no newspaper is owned by a political party, and only about 10 percent of newspapers overtly support a political party, though most offer a distinctly political point of view.
Source: https://www.britannica.com/place/Germany/Media-and-publishing
Verified: 2021/11/20
ME011
What laws, if any, guarantee freedom of access to public information for representatives of the media?
Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
Source
Germany Basic Law, Art. 5 (1)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html
Verified
2021/11/20
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2021/11/20
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source:
Verified: 2005/04/11
ME016
Question: In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
Answer(s):
d . Public television f . Private television h . Other (specify)
Comments: In 2016, at least 46 percent (2014: 52 percent) of Germans declared that they use the radio to access news, compared to 72 percent (2014: 84 percent) who preferred television over radio as the primary source of news; 59 percent preferred the Internet, and only 38 percent printed news (Reuters Digital News Survey 2014, 2016)
Source: https://medialandscapes.org/country/germany/media/radio#:~:text=In%202016%2C%20at%20least%2046,Reuters%20Digital%20News%20Survey%202014%2C
Verified: 2021/11/20
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments: The press is free of government control, no newspaper is owned by a political party, and only about 10 percent of newspapers overtly support a political party, though most offer a distinctly political point of view.
Source: https://www.britannica.com/place/Germany/Media-and-publishing
Verified: 2021/11/20
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
c . Other (specify)
Comments: The Federal Constitutional Court’s very first judgment on broadcasting in 1961 clearly indicated how responsibilities for broadcasting should be separated in Germany with its federal structure. It ruled that broadcasting legislation in the narrower sense fell within the jurisdiction of the states (Länder). This covers fundamental decisions on the organisational structure and financing of the public broadcasting corporations, the licensing of private television broadcasters, as well as fundamental directives on the content of programmes to be broadcast within the framework of the constitutional mandate.
Source: https://germanlawarchive.iuscomp.org/?p=386#ToC3
Verified: 2021/11/20
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
b . Private companies c . Non governmental organisations d . Foreigners
Comments: d. Foreigners, with domicile in the EU.
Source:
Verified: 2005/04/11
ME022
What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
(1) Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
(2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons and in the right to personal honour.
Source
Germany Basic Law, Article 5 (2)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html
Verified
2021/11/20
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments:
Source:
Verified: 2021/11/20
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law c . Voluntary agreement or self-regulation
Comments:
Source: Art. 7 para 8; Art. 42 para 2 Rundfunkstaatsvertrag (State Broadcasting Treaty)(https://germanlawarchive.iuscomp.org/?p=655#ToC51)
; Art 68 ZDF-State Treaty;for regional public broadcasting stations cf. broadcasting laws of the Länder
A: § 32 Abs. 2 BWahlG
C: Pressecodex, Richtlinie 1.2 Wahlkampfveranstaltungen:
Es entspricht journalistischer Fairness, dient der Informationsfreiheit der Bürger und wahrt die Chancengleichheit der demokratischen Parteien, wenn die Presse in ihrer Berichterstattung über Wahlkampfveranstaltungen auch Auffassungen mitteilt, die sie selbst nicht teilt.
Verified: 2021/07/02
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
b . Voluntary regulator (e.g. media council, journalists' ethics committee) i . Other (specify)
Comments: Individual German states, rather than the federal state, are competent for regulating the media. This distribution of power guarantees an independent media, allowing citizens to form their own opinions and safeguarding the control function of the media. For print media, the states have enacted press regulations addressing relevant topics from claims for counterstatements to information rights against public authorities. Correspondingly, TV and radio broadcast media are also regulated by the states based on the Interstate Broadcasting Treaty, which shall eventually be repealed at the end of 2020 by the Interstate Media Treaty (MStV) and state-specific broadcasting or media acts.
Source: https://thelawreviews.co.uk/title/the-media-and-entertainment-law-review/germany
Verified: 2021/11/20
ME026
Question: What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
Answer(s):
c . Placing limits on when the media may report about an election
Comments: (1) During polling hours, no influence may be exerted on voters by word, sound, writing
or image and no signatures may be collected in or around the building in which the polling
station is located as well as directly in front of the entrance to the building.
(2) The publication of results of surveys conducted among voters after they have cast
their votes shall be inadmissible before the end of polling hours.
Source: Federal Elections Act, Section 32
Verified: 2021/11/20
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
b . No
Comments:
Source:
Verified: 2021/11/20
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
c . Other (specify)
Comments: See question B.3.1. The sanction is regulated in Article 49a BWG: An administrative offence shall commit any person who contrary to the provisions of Article 32 (2), publishes the results of opinion polls of voters´ decisions after voting before the voting period has expired.
A person may be punished with an administrative fine of up to fifty thousand Euro for committing an administrative offence within the meaning of Article 49a Paragraph (1), no. 2.
Administrative authority within the meaning of Article 36 (1), Article 49a (1) no. 1 of the Administrative Offences Act shall be for administrative offences pursuant to Article 49a (1), no. 2, the Federal Returning Officer (EMB)
Source:
Verified: 2005/04/13
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
a . Yes
Comments: The right of reply applies to each individual person or entity. Gegendarstellungsrecht in Landespressegesetzen
Source: § 11 Landespressegesetz (NRW): Gegendarstellungsanspruch. (1) Der verantwortliche Redakteur und der Verleger eines periodischen Druckwerks sind verpflichtet, eine Gegendarstellung der Person oder Stelle zum Abdruck zu bringen, die durch eine in dem Druckwerk aufgestellte Tatsachenbehauptung betroffen ist. Die Verpflichtung erstreckt sich auf alle Neben- oder Unterausgaben des Druckwerks, in denen die Tatsachenbehauptung erschienen ist.
Verified: 2021/11/20
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
a . Yes
Comments: Pressekodex, Richtlinie 1.2
Source: https://www.presserat.de/pressekodex.html
Verified: 2021/11/20
ME032
Question: If so, how well do you perceive this code of ethics to be respected?
Answer(s):
b . Usually respected
Comments:
Source:
Verified: 2005/04/13
ME033
Question: Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
Answer:
b . Other (specify)
Comments: Broadcasting regulator.
Source:
Verified: 2005/04/11
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: There is no absolutely free broadcast time for political parties; they have to reimburse the cost-price of the advertisements.'
Any political party taking part in elections for the German Bundestag shall, subject to cost reimbursement, be granted a reasonable amount of transmission time if at least one state list of candidates has been approved for that party. Furthermore, any party or other political association taking part in the election of candidates from the Federal Republic of Germany for the European Parliament is entitled to a reasonable amount of transmission time if at least one electoral list has been approved, subject to cost reimbursement
Source: Article 42, Interstate Broadcasting Agreement
Verified: 2021/11/20
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: There is no absolutely free broadcast time for political parties; they have to reimburse the cost-price of the advertisements.
Source: Article 42, Interstate Broadcasting Agreement
Verified: 2021/11/20
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source: Article 42, Interstate Broadcasting Agreement
Verified: 2021/11/20
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments: Any political party taking part in elections for the German Bundestag shall, subject to cost reimbursement, be granted a reasonable amount of transmission time if at least one state list of candidates has been approved for that party. Furthermore, any party or other political association taking part in the election of candidates from the Federal Republic of Germany for the European Parliament is entitled to a reasonable amount of transmission time if at least one electoral list has been approved, subject to cost reimbursement.
Source: Interstate Broadcasting Agreement, Art. 42
https://germanlawarchive.iuscomp.org/?p=655#ToC51
Verified: 2025/03/11
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2021/11/29
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2021/11/29
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2021/11/29
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2021/11/29
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2021/11/29
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2021/11/29
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2021/11/29
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
a . Equal regardless of size of party and previous performance h . Other (specify)
Comments: Any political party taking part in elections for the German Bundestag shall, subject to cost reimbursement, be granted a reasonable amount of transmission time if at least one state list of candidates has been approved for that party. Furthermore, any party or other political association taking part in the election of candidates from the Federal Republic of Germany for the European Parliament is entitled to a reasonable amount of transmission time if at least one electoral list has been approved, subject to cost reimbursement.
Source: Interstate Broadcasting Agreement, Art. 42
https://germanlawarchive.iuscomp.org/?p=655#ToC51
Verified: 2021/11/29
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
h . Not applicable
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME051
Question: Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
e . None
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME053
Question: Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
i . Not applicable
Comments: There are no national election campaigns for presidential candidates.
Source:
Verified: 2021/11/29
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: There are televised debates at the state level since 1997 and at the national level since 2002. During the campaign of the elections for the Bundestag 2002 a televised debate between the sitting Federal Chancellor and his challenger was conducted for the first time.
Source: Maier, J. and Jansen, C. 2015. When do candidates attack in election campaigns? Exploring the determinants of negative candidate messages in German televised debates. Party Politics (2015): 1354068815610966: http://ppq.sagepub.com/content/early/2015/10/13/1354068815610966.abstract (2017).
Anstead, N. 2015. Media Policy Brief 13. Televised Debates in Parliamentary Democracies (2017). LSE:http://eprints.lse.ac.uk/66293/1/Anstead_A_Different_Beast%201.pdf
Verified: 2025/03/11
ME060
What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
The courts established a number of tests for inclusion in the TV-Duelle based on previous, current, and potential levels of
support a party enjoys. One of the tests is the likelihood of a party’s leader being Chancellor after the election. This requirement meant that the court had essentially backed the logic of the TV-Duelle as a contest for executive office. In a different format (distinct from the TV-Duell), each party with members in the Bundestag was invited to send a representative.
Source
Anstead, N. 2015. Media Policy Brief 13. Televised Debates in Parliamentary Democracies (2017). LSE:http://eprints.lse.ac.uk/66293/1/Anstead_A_Different_Beast%201.pdf
Verified
2021/11/29
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
g . None
Comments:
Source:
Verified: 2005/04/13
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments: No legal regulations about such a blackout period.
Source:
Verified: 2025/03/11
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
b . Outside the polling station
Comments:
Source:
Verified: 2021/11/29
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
b . After all polls close
Comments: The publication of results of surveys conducted among voters after they have cast their votes shall be inadmissible before the end of polling hours.
Source: Federal Elections Act, Section 32 (2).
Verified: 2021/11/29
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
b . After all polls close, before official results are available
Comments:
Source:
Verified: 2005/04/13
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments: An example given below
Source: https://www.politico.eu/europe-poll-of-polls/germany/
Verified: 2021/11/29
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
a . A media department b . A press officer
Comments:
Source:
Verified: 2005/04/13
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/04/13
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
b . Press releases c . Press conferences/briefings e . Web site
Comments:
Source: https://www.bundeswahlleiter.de/en/bundestagswahlen/2021/mitteilungen.html
Verified: 2021/11/29
ME070
Question: Has the EMB provided or facilitated training for journalists in how the electoral process works?
Answer:
b . No
Comments:
Source:
Verified: 2005/04/13
ME077
Question: What steps does the EMB take to make sure that it is communicating its message to the media?
Answer(s):
a . It consults the media about the usefulness of materials provided to them by the EMB. d . It monitors the media coverage of its own activities.
Comments:
Source:
Verified: 2005/04/13
ME079
Question: Overall, how effective do you judge the EMB's ability to communicate through the media during election campaigns to be?
Answer:
b . Quite effective
Comments:
Source:
Verified: 2005/04/13
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no legal provisions pertaining to election campaign advertising. On principle, the possibility to advertise is protected by Article 5 (1) (freedom of the press), Article 5 (3) (freedom of arts) and Article 21 (party privilege) of the Basic Constitutional Law.
The Federal Returning Officer is not responsible for election campaign advertising and its legal assessment; he or she is committed to impartiality. It is the parties who are responsible for the content of their advertising.
There are limits to such advertising, however, where banned political parties advertise or where election campaign advertising is liable for punishment; it is subject to generally applicable laws.
Source: https://www.bundeswahlleiter.de/en/service/glossar/w/wahlwerbung.html
Verified: 2025/03/11
Direct Democracy
DD001
Please provide information about the person completing the questionnaire.
Name and Title: Doreen Namislo
Job Title: Assistant Lecturer
Organisation: Office of the Federal Returning Officer
Contact Address. Gustav-Stresemann-Ring 11, 65189 Wiesbaden, Germany
Telephone: + 49 (0611) 75 - 2339
Facsimile: + 49 (0611) 75 - 3964
Email: [email protected]
Source
No Source
Verified
2009/10/23
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Revisions of the existing division into Länder shall be effected by a federal law, which must be confirmed by referendum. The affected Länder shall be afforded an opportunity to be heard.
Source: Constitution, Art. 29(2)
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
Verified: 2025/03/11
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. 29
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
Verified: 2021/11/29
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Constitution
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
Verified: 2017/03/31
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Constitution
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
Verified: 2017/03/31
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments: Agenda initiatives are only applicable to Regional and Local citizens initiatives.
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Constitution
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
Verified: 2017/03/31
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Constitution
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
Verified: 2017/03/31
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/11/29
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/11/29
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/11/29
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/11/29
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/04/13
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
f . Not applicable
Comments: No direct democracy mechanisms at the national level with exceptions for the reorganization of the federal territory (Art. 29 para. 2 GG) and in the case of a new constitution (Art. 146 GG).
Source: https://www.bpb.de/23190/volksabstimmung
Verified: 2021/11/29
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/11/29
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/13
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
b . Yes, in some regions/states/provinces
Comments:
Source:
Verified: 2005/04/13
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source:
Verified: 2021/11/29
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source:
Verified: 2021/11/29
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2005/04/13
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments:
Source:
Verified: 2005/04/13
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments:
Source:
Verified: 2005/04/13
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments:
Source:
Verified: 2005/04/13
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments f . Devolution
Comments: Revisions of the existing division into Länder shall be effected by a federal law, which must be confirmed by referendum.
Source: Constitution, Art. 29 (2)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html
Verified: 2021/11/29
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2021/11/29
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments:
Source: Constitution, Art. 29
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html
Verified: 2021/11/29
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: A new constitution and the reorganization of the federal territory (Constitution, Art. 29).
Source: Constitution, Art. 29
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html
Verified: 2021/11/29
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Regional and Local citizens initiatives and direct democracy provisions exist in the Constitution.
For instance, in each Land, county and municipality the people shall be represented by a body chosen in general, direct, free, equal and secret elections.
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Constitution, Art. 28 (1)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html
Verified: 2021/11/29
Voting Operations
VO002
Question: Is there a code of conduct for election officials?
Answer:
a . Yes
Comments:
Source: Hermann Glaab, Deputy Federal Returning Officer, Germany, bundeswahlleiter(a)destatis.de
Verified: 2002/06/19
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district f . By mail
Comments: With a voter's card a voter can vote at any polling station in the constituency.
Source: Federal Electoral Regulations, Art. 19
https://www.bundeswahlleiter.de/en/dam/jcr/e146a529-fd3b-4131-9588-8242c283537a/bundeswahlordnung_engl.pdf
Verified: 2025/03/06
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
Comments: (2) Provided the other conditions are fulfilled, Germans as defined in Article 116 paragraph
(1) of the Basic Law who are resident in other territories outside the Federal Republic of Germany on the day of election shall also be eligible to vote provided that,
1. after reaching the age of fourteen years, they had a domicile or were otherwise permanently resident in the Federal Republic of Germany for an uninterrupted period of at least three months and this stay dates back not more than 25 years or
2. for other reasons, they have become familiar, personally and directly, with the political situation in the Federal Republic of Germany and are affected by it.
Source: Article 116 of the Basic Law (GG)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Sections 12, 13 of the Federal Elections Act (BWG)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2025/03/06
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
e . By mail
Comments:
Source: https://www.bundeswahlleiter.de/en/bundestagswahlen/2021/informationen-waehler/deutsche-im-ausland.html#a76fef25-b68e-4fba-8874-427685556b2b
Verified: 2025/03/06
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments: The postal ballot must be send in a return envelop in due time to ensure that the postal ballot letter is received not later than 6 p.m. on election day.
Source: Federal Elections Act, Section 36 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/19
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
b . By mail e . Other
Comments: The postal ballot must be send in a return envelop in due time to ensure that the postal ballot letter is received not later than 6 p.m. on election day.
Source: Federal Elections Act, Section 36 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/19
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
a . Everyone
Comments:
Source: Federal Elections Act, Section 36 (1)
https://www.bundeswahlleiter.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Verified: 2021/11/19
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
b . No
Comments:
Source:
Verified: 2021/11/19
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine g . Other
Comments: Postal Ballots are also accepted
Source: Federal Elections Act, Sections 30-36
Verified: 2025/03/06
