Services

Objection to election

After a Bundestag or European election, the German Bundestag has to examine whether the election is valid and whether subjective rights have been violated in the election procedure. However, the Bundestag does not take the initiative but only reacts to objections being lodged.

Such an objection may be filed by any person or group of persons entitled to vote and, in their official capacities, by any Land returning officer, the Federal Returning Officer and the President of the German Bundestag. If several persons file an objection jointly, a proxy has to be nominated. The objection must be in writing and substantiated. It has to be received by the German Bundestag within two months after election day.

Legal bases

Bundestag election:

Article 41 paragraph 1 of the Basic Law (GG)
Section 2 of the Law on the Scrutiny of Elections (WPrüfG)

European election:

Section 26 (2) of the European Elections Act (EuWG) in conjunction with the Law on the Scrutiny of Elections (WPrüfG)

Last update: 6 December 2016