First instance body dealing with electoral disputes
Germany
- EMB (lower level)
- EMB (highest level)
Federal Elections Act(Bundeswahlgesetz), (published 1956-05-07, last amended 2013-05-03),
Section 18
Right to Nominate Candidates,Notification of Participation
[…]
(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.
Partyregistration is appealed to the Federal Electoral Committee (highest level EMB).
InGermany, each voter votes twice – once on the constituency level and once onthe Land (state) level. Candidate nominations on constituency level areappealed to the Constituency Electoral Committee (lower level EMB). Candidatenominations on Land level are appealed to the Land Electoral Committee (highestlevel EMB).
