Affirmation in lieu of an oath

In Bundestag elections, an affirmation in lieu of an oath must be made in the following instances:

• furnishing of proof of the eligibility to vote of Germans returning from abroad, in the context of an application to be added to the electoral register, including an affirmation that no other application to be entered in the electoral register has been made (Annex 1 to Section 18 (6) of the Federal Electoral Regulations),
• furnishing of proof of the eligibility to vote of Germans living abroad, who, pursuant to Section 12 (2) number 2 of the Federal Elections Act, for other reasons, have become familiar, personally and directly, with the political situation in the Federal Republic of Germany and are affected by it, in the context of an application to be added to the electoral register, including an affirmation that no other application to be entered in the electoral register has been made (Annex 2 to Section 18 (5) of the Federal Electoral Regulations),
• furnishing of proof of the eligibility to vote of Germans living abroad as required for a supporting signature (information 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 assistant, stating that the ballot paper has been marked either personally or in accordance with the intent of the voter when voting by post (Annex 9 to Section 26 of the Federal Electoral Regulations),
• affirmation by a constituency or Land list candidate that the candidate is not simultaneously a member of another party (for constituency nominations: Annex 15 to Section 34 (5) numbers 1 and 3 letter (b) of the Federal Electoral Regulations; for List nominations: Annex 22 to Section 39 (4) number 1 of the Federal Electoral Regulations),
• affirmation by the head of the delegates' assembly that constituency and Land list candidates have been selected in accordance with formal requirements (for constituency nominations: Annex 18 to Section 34 (5) number 3 letter (a) of the Federal Electoral Regulations; for List nominations: Annex 24 to Section 39 (4) number 3 of the European Electoral Regulations).

Back to top

In the following instances, an affirmation in lieu of an oath has to be made in European elections:

• evidence of the eligibility to vote of Germans abroad and of other conditions being met, which is part of the application for registration in the voters’ register (Annex 2 to Section 17 (5) of the European Electoral Regulations),
• evidence of the eligibility to vote of Germans abroad as required for a supporting signature (data in Annex 2 to Section 17 (5) of the European Electoral Regulations, together with an affirmation in lieu of an oath),
• evidence of Union citizens’ eligibility to vote and of other conditions being met, which is part of the application for registration in the voters’ register (Annex 2A to Section 17a (2) of the European Electoral Regulations),
• 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 8 to Section 25 of the European Electoral Regulations),
• evidence of the eligibility to vote of Germans and Union citizens in Germany (Annex 14 to Section 32 (3) of the European Electoral Regulations),
• evidence of Union citizens’ eligibility to vote as required for a supporting signature (Annex 14A to Section 32 (3) of the European Electoral Regulations),
• affirmation by candidates that they are not standing for parliament in another Member State and are not members of another party or political association (Annex 15 to Section 32 (4) no. 1 of the European Electoral Regulations),
• affirmation by a nominated Union citizen regarding personal data (Annex 16B to Section 32 (4) no. 2b of the European Electoral Regulations),
• affirmation by the head of the members’ or delegates’ assembly that candidates have been nominated in accordance with formal requirements (Annex 19 to Section 32 (4) no. 3 of the Federal Electoral Regulations).

Back to top