In the following instances, an affirmation in lieu of an oath has to be made in Bundestag elections:
- evidence of the eligibility to vote of Germans returning from abroad, which is part of the application for registration in the voters’ register, including an affirmation that no other such application has been filed (Annex 1 to Section 18 (6) of the Federal Electoral Regulations),
- evidence of the eligibility to vote of Germans abroad, which is part of the application for registration in the voters’ register, including an affirmation that no other such application has been filed (Annex 2 to Section 18 (5) of the Federal Electoral Regulations),
- evidence of the eligibility to vote of Germans abroad as required for a supporting signature (data in Annex 2 to Section 18 (5) of the Federal Electoral Regulations, together with an affirmation in lieu of an oath),
- affirmation, on the polling card, by the person eligible to vote or by his or her helper, stating that the ballot paper has been marked personally or in accordance with the voter’s will in the postal ballot (Annex 9 to Section 26 of the Federal Electoral Regulations),
- affirmation by constituency or Land list candidates that they are not members of another party (for constituency nominations: Annex 15 to Section 34 (5) nos. 1 and 3 (b) of the Federal Electoral Regulations; for List nominations: Annex 22 to Section 39 (4) no. 1 of the Federal Electoral Regulations),
- affirmation by the head of the delegates’ assembly that constituency and Land list candidates have been nominated in accordance with formal requirements (for constituency nominations: Annex 18 to Section 34 (5) no. 3 letter (a) of the Federal Electoral Regulations; for List nominations: Annex 24 to Section 39 (4) no. 3 of the European Electoral Regulations).
Legal bases
Section 21 (6), second sentence, Section 27 (5) in conjunction with Section 21 (6), Section 36 (2) of the Federal Elections Act (BWG)
Section 18 (5), (6), Section 34 (4) no. 2, (5) no. 3 letters (a), (b), Section 39 (3) in conjunction with Section 34 (4) no. 2, (5) nos. 1, 3, Section 39 (4) nos. 1, 3, Section 66 (1), (3), Section 84 (1), Section 87 (2), Section 88 of the Federal Electoral Regulations (BWO)
Section 156, Sections 158 to 161 of the German Criminal Code (StGB)
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