Last instance body dealing with electoral disputes

Germany

Germany

Answer
  • EMB (lower level)
  • EMB (highest level)
  • Constitutional Court/Council
Source

Federal Elections Act (Bundeswahlgesetz),(published 1956-05-07, last amended 2013-05-03),

http://www.bundeswahlleiter.de/en/bundestagswahlen/downloads/rechtsgrundlagen/bundeswahlgesetz_engl.pdf

Section 18

Right to Nominate Candidates,Notification of Participation

[…]

(4a) A party or association maylodge a complaint with the Federal Constitutional Court against a confirmationpursuant to subsection (4) which prevents it from submitting nominations withinfour days after the announcement. In such case the party or association must betreated by the electoral bodies like a party entitled to submit nominationsuntil a decision has been taken by the Federal Constitutional Court, but notlonger than by the end of the fifty-ninth day before the election.

Section 26

Approval of ConstituencyNominations

[…]

(2) If the Constituency ElectoralCommittee rejects a constituency nomination, an appeal may be lodged with theLand Electoral Committee within three days of the announcement of the decision.The spokesperson for the constituency nomination, the Federal Returning Officerand the Constituency Returning Officer shall be eligible to lodge an appeal.The Federal Returning Officer and the Constituency Returning Officer may alsoappeal against a decision by which a constituency nomination is approved. Thepersons concerned attending the appeal proceedings must be heard. The decisionon the appeal must be taken not later than the fifty-second day before theelection.

(3) The Constituency ReturningOfficer shall make theapproved constituency nominations public not later than the forty-eighthday before the election.

Section 28

Approval of the Land Lists

[…]

(2) If the Land ElectoralCommittee rejects a Land list wholly or in part, an appeal may be lodged withthe Federal Electoral Committee within three days of the announcement of thedecision. The spokesperson for the Land list and the Land Returning Officershall be eligible to lodge an appeal. The Land Returning Officer may alsoappeal against a decision by which a Land list is approved. The personsconcerned attending the appeal proceedings shall be heard. The decision on theappeal must be taken not later than the fifty-second day before the election.

(3) The Land Returning Officer shall make the approved Land listspublic not later than forty-eighth day before the election.

Section 30

Ballot Papers

(1) The ballot papersand the required official return envelopes (Section 36 subsection (1)) shall bemanufactured by the government.

(2) The ballot papershall contain:

1. for constituencyelections, the names ofthe candidates from the approved constituency nominations; in the caseof constituency nominations by parties, also the names of these parties as wellas any shortened form of their names they may use; in respect of otherconstituency 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 aswell as the family and Christian names of the first five candidates from the approved Land lists.

Comment
Regarding partyregistration, an appeal to the Federal Electoral Committee can be appealed tothe Federal Constitutional Court. Regarding candidate nominations onconstituency level, an appeal to the Constituency Electoral Committee can beappealed to the Land Electoral Committee (lower level EMB). Regarding candidatenominations on Land level, an appeal to the Land Electoral Committee can beappealed to the Federal Electoral Committee (highest level EMB).
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