Federal Electoral Committee

In Bundestag elections, the duties of the Federal Electoral Committee include the following:

• ascertain which parties have been continuously represented by at least five representatives in the German Bundestag or in a Land parliament since the last election to that assembly on the basis of nominations made by the party itself (Section 18 (4) number 1 of the Federal Elections Act),
• establish which associations that do not fall within the scope of Section 18 (4) number 1 of the Federal Elections Act and have given notice of their intended participation in the election by 6 p.m. on the ninety-seventh day before the election are to be recognised as parties in the election,
• determine and add distinguishing designations to one or more lists if the names of parties or their shortened forms may be confused,
• decide on appeals lodged against the rejection or admission of a Land list,
• determine and establish the final result of the election for the electoral area,
• establish the number of constituency seats won by the individual parties in the electoral area,
• determine which candidates have been elected.

Once it has been established which associations will be acknowledged as parties in the Bundestag election, a party or association may lodge a complaint with the Federal Constitutional Court if that ascertainment prevents the party from submitting nominations. Such a complaint must be filed within four days of the official announcement.

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In European elections, the duties of the Federal Electoral Committee are:

• decide on complaints about decisions of the Federal Returning Officer and the Federal Electoral Committee in proceedings concerning the correction of deficiencies,
• add distinguishing designations to one or more lists if the names of political parties or associations, their shortened forms, identifying names or appended elements may be confused in the Land,
• decide about the admission of common lists for all Länder and lists for individual Länder; decide on the declaration stating that one or more lists for individual Länder should be excluded from the combination of lists,
• establish how many votes have been cast for the individual lists, how many seats go to the individual lists and which candidates have been elected.

If the Federal Electoral Committee rejects a list on the grounds that the respective party or association has no right to nominate candidates for election, the party or association may lodge a complaint with the Federal Constitutional Court within four days of the decision being announced.

In accordance with the provisions of the Law on the Scrutiny of Elections, an objection against the decision of the Federal Electoral Committee may be lodged with the German Bundestag within two months of the election. The objection must be filed with the German Bundestag in writing and the reasons must be stated.

If the objection is rejected by the German Bundestag, a complaint may be lodged with the Federal Constitutional Court in accordance with Section 48 (1) of the Federal Constitutional Court Act within two months of the decision by the Bundestag.

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