Essential legal bases of Bundestag elections

The Basic Law lays down for instance the framework conditions for:

• founding political parties and their activities
• the election of the members of the German Bundestag 
• the assembly and the electoral term of the German Bundestag
• the scrutiny of elections procedure

Extract from the Basic Law (GG)

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.

Federal Elections Act (BWG) (currently available in German only)

Federal Elections Act old version – valid for the Bundestag election 2021

Description of Constituencies

The Description of Constituencies (Annex 2 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 25 June 2020 (Federal Law Gazette I, p. 1409).

See also: Delimitation of constituencies

List of Constituencies

List of Constituencies – only available in German

To make it easier for the political parties to nominate candidates and elect delegates to the delegates’ assemblies for the election to the 20th German Bundestag on 26 September 2021 while the restrictions on meetings persist, the necessary framework conditions have been provided by this statutory instrument for a limited period of time (until 31 December 2021).

The Federal Ministry of the Interior, Building and Community issued the COVID-19 Ordinance on the Nomination of Candidates in accordance with Section 52 (1) and (4) of the Federal Elections Act. On 28 January 2021 the German Bundestag agreed to the version below. The Ordinance entered into force on 3 February 2021.

Ordinance on the Nomination of Candidates and the Election of Delegates to the Delegates’ Assemblies for the Election to the 20th German Bundestag under the Conditions of the COVID-19 Pandemic (COVID-19 Ordinance on the Nomination of Candidates) – only available in German

For the implementation of the Federal Elections Act, the Federal Ministry of the Interior, Building and Community acting on the authority assigned under Section 52 of the Federal Elections Act, has issued the Federal Electoral Regulations (BWO), which put the specifications of the Federal Elections Act into concrete terms.

The Federal Electoral Regulations above all contain regulations concerning the appointment and activity of the electoral bodies, the individual prerequisites for entry in the voters’ register, the admission of nominations and the postal ballot.

Federal Electoral Regulations (BWO)

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.

Extract of Members of the Bundestag Act

Act on Political Parties (PartG)

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.

Act on Political Parties (PartG) – only available in German
 

German Civil Code (BGB)

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.)

German Civil Code (BGB)

This law governs the procedure by means of which the validity of elections to the German Bundestag is decided upon.

Law on the Scrutiny of Elections (WahlPrG)

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.

Act on Electoral Statistics (WStatG)

This Ordinance governs the use of voting machines during elections to the German Bundestag and elections of the members of the European Parliament from the Federal Republic of Germany.

Federal Voting Machine Ordinance (BWahlGV) – only available in German

Criminal Law

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.

Extract from the Penal Code (StGB)
 

Act on the Federal Constitutional Court (BVerfGG)

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.

Act on the Federal Constitutional Court