Who may file a complaint?

Germany

Germany

Answer
  • Eligible Voter
  • Candidate/ Party Representative
  • Political Party
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

(1) Nominations of candidates maybe submitted by parties and, in accordance with Section 20, by persons eligibleto vote.

[…]

(3) […] Once the decision hasbeen made on the recognition of an association as a party, no action may betaken to rectify faults. The party's executive committee may appeal to theFederal Electoral Committee against orders issued by the Federal ReturningOfficer in proceedings concerning the rectifying of faults.

[…]

Section 25

Rectifying of Faults

(1) The Constituency ReturningOfficer must examine the constituency nominations immediately upon receipt. Ifhe finds faults in a constituency nomination, he shall immediately notify thespokesperson and demand him or her to rectify the faults that can be correctedin due time.

[…]

(4) The spokesperson may appealto the Constituency Electoral Committee against orders issued by theConstituency Returning Officer in proceedings concerning the rectifying offaults.

Section 27

Land Lists

(1) Land lists may only besubmitted by political parties. […]

[…]

(5) Section 21 subsections (1), (3), (5) and (6)as well as Sections 22 to 25 shall apply as appropriate, provided that theassurance in lieu of an oath to be given under Section 21 subsection (6),second sentence, also covers an assurance to the effect that the order of namesof the candidates in the Land list has been laid down by secret ballot.

Comment
Issues relating toparty registration can be appealed by the party's executive committee.  Issues relating to constituency candidatenomination can be appealed by the spokesperson for the constituency nomination,which could be either a spokesperson of a political party or an eligible voter(see Section 18). Issues relating to Land candidate nomination can be appealedby the spokesperson for the Land nomination, which can only be a spokespersonof a political party (see Section 27).
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