Election Regulations The Federal Staff Representation Act

Original Language Title: Wahlordnung zum Bundespersonalvertretungsgesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/bpersvwo/BJNR023370974.html

Election regulations the Federal staff representation Act (BPersVWO) BPersVWO Ausfertigung date: 23.09.1974 full quotation: "election rules for the Federal staff representation act as amended by the notice of 1 December 1994 (BGBl. I S. 3653), most recently by article 1 of the Decree of 28 September 2005 (BGBl. I S. 2906) is changed" stand: Neugefasst by BEK. v. 1.12.1994 I 3653;
 
amended by art. 1 V v. impact I 2906 for details on the stand number found in the menu see remarks footnote (+++ text detection from: 26.9.1974 +++) (+++ requirements due to EinigVtr cf. BPersVWO annex EV +++) table of contents part one election of Council of staff first section of common rules on the preparation and holding of elections section 1 election, election workers article 2 determination of the number of employees, electoral roll § 3 appeals against the electoral roll § 4 before voting article 5 calculation of the score to voting members of the staff Council , Distribution of seats on the groups section 6 election ausschreiben § 7 election proposals, submission deadline article 8 content of election proposals for section 9 other requirements article 10 treatment of election proposals by the Electoral Committee, invalid nominations section 11 grace period for the submission of nominations § 12 designation of election proposals article 13 notice of election proposals § 14 session transcripts § 15 exercise the right to vote, ballots, invalid voting section 16 Election Act section 17 written vote § 18 treatment of writing the vote article 19 voting at extensions and parts of services article 20 determination of election results article 21 choice transcript section 22 notification of selected Applicants 23 § announcement of the election results section 24 retention of ballots second section special rules for the election of several members of the staff Council or group representative of first subsection electoral procedure if there is multiple election proposals (proportional representation) article 25 requirements for election, ballots, voting section 26 discovery of the elected representatives of the groups when groups selection section 27 determination of the elected representatives of groups with common choice second subsection electoral procedure if there is a choice proposal (choice) section 28 conditions for choice , Ballots, voting section 29 determination of selected applicants of third section special rules for the election of a member of staff Council or a group representative (choice) § 30 requirements for person, ballots, voting, election result fourth section election of representatives not constantly employed § 31 preparation and holding of elections of second part of election of the District Staff Council § 32 appropriate applications of the rules on the choice of Council of staff in § 33 cable choice section 34 determination of the number of employees , Electoral roll § 35 calculation of the score to be elected district staff members of the Council, distribution of seats on the groups section 36 simultaneous choice section 37 choice ausschreiben section 38 notices of the district election board § 39 session transcripts section 40 voting, ballot section 41 detection and announcement of the election results of third part of election of the main personnel Council section 42 appropriate application of the rules on the election of the District Staff Council § 43 line the choice section 44 conducting the election after districts fourth part of choice of the Joint Staff Council article 45 appropriate application of the rules on the choice of staff Council fifth part of choice of the youth and trainee representative § 46 preparation and holding of elections of youth and apprentice representation § 47 election of the youth and trainee levels representations part six special administrative branches § 48 confidence man in the federal police section 49 staff representatives in the Federal Intelligence Service § 49a staff representatives at the Deutsche Bundespost § 50 choice of staff in Germany by workers in departments of the Federal Government abroad article 51 confidence man of the locally engaged staff (section 91 paragraph 2 of the law) part seven final provisions § 52 calculation of time limits article 53 transitional provisions article 54 entry into force part election of Council of staff first section of common rules on preparation and holding of elections section 1 Election Committee, election officials (1) the Election Committee the election of Council of staff performs. He can order candidate employed of his services as election officials to his support in the conduct of voting and votes counting. Section 24, paragraph 2, sentence 2 and 3 of the Act applies to the activity of election officials.
(2) the Department has to support, in particular the necessary documents available to make and, if necessary, to supplement, as well as the necessary information to give the Election Committee in carrying out its tasks. For the preparation and holding of elections, the services in the required amount has spaces, the business needs and make available to typists.
(3) the Election Committee will immediately report the names of its members and, where appropriate, of the replacement members voting after his order, election or appointment in the Department by posting them to complete.
(4) the Election Committee shall act with a simple majority of its members.
(5) the Election Committee is to ensure that foreign workers in a timely manner about the electoral process, the preparation of the voters list and the proposal lists, the electoral process and voting in an appropriate manner, if necessary, be taught in their mother tongue.

§ 2 determine the number of employees, electoral roll (1) which provides Election Committee set the number of usually employed and their distribution on the group. Exceeds this number of 50 not, also provides the Election Committee the number of set according to section 13 of the Act electorate.
(2) the Election Committee is a directory separate groups of eligible employees (electoral roll). Within the group, the shares of the sexes are to determine.
(3) the electoral roll or copy is immediately after introduction the choice of suitable up to the conclusion of the voting to place for inspection to be interpreted.

Section 3 appeals against the electoral roll (1) each employee can the selection board in writing within six working days since interpretation of the voters list (§ 2 para 3) opposition his appeal.
(2) the Election Committee will decide the opposition immediately. The decision is immediately, but not later than in writing a working day before the voting, the workers, who filed an objection. The opposition is justified, the Election Committee has to correct the electoral roll.
(3) after expiry of the opposition period, the Election Committee is to reconsider the electoral roll on its integrity. Then, the electoral roll for spelling mistakes, obvious mistakes, is to accomplish in time the appeals, entering or leaving an employee and change group membership up to the end of voting to correct or supplement.

§ 4 before voting (1) before voting on 1 a of article 17 of the Act different distribution of the members of the staff Council to the groups (article 18 paragraph 1 of the law), or 2. the implementation of joint election (section 19 para 2 of the law), or 3. the validity of extensions or parts of a service agent as independent service (§ 6 ABS. 3 of the Act) are considered only if your result is the Election Committee within six working days since the announcement according to § 1 paragraph 3 and the Election Committee is made credible , the result under direction of existing from at least three eligible employees voting Executive Committee in secret and in the cases of the numbers 1 and 2 after group split votes is established. A member must belong to everyone in the Office, in the cases of sentence 1 No. 3 of the extension or part of the services, represented group voting Board.
(2) the Election Committee has noted in the announcement according to § 1 paragraph 3 to the time limits referred to in paragraph 1.

Article 5 calculation of the score to be elected staff members of the Council, distribution of seats on the groups (1) the Election Committee determines the number of members of the staff Council to be elected (articles 16 and 17 para. 4 of the Act). A deviating from § 17 of the Act distribution of members of the staff Council on the groups (article 18 paragraph 1 of the law) is not been decided, the Election Committee calculated the distribution of staff Council seats on the Group (§ 17 para 1 to 5 of the Act) according to the maximum number procedure (paragraphs 2 and 3).
(2) the number of members of the Department employees of each group (§ 2 para 1) are placed next to each other and in turn divided by 1, 2, 3, and so on. On the highest part number (maximum) a seat will be allocated as long, until all staff Council seats (§§ 16 and 17 paragraph 4 of the Act) are distributed. Each group has as many seats as quantitative account for. Only a seat is at same quota or only two seats are three same quota to distribute, the lot decides.
(3) required the allocation of seats according to paragraph 2 on a group of fewer seats than you at least too after § 17 section 3 of the Act, so it receives from sitting the number prescribed in § 17 paragraph 3 of the Act. The number of seats of the other groups decreases correspondingly. While the last allocated seats be cut first. Only a seat is at same quota cut, the lot decides which group to give the seat has. Seats, which at least entitled to a group according to the provisions of the Act, cannot be revoked it.
(4) all groups have the same number of members, in a service center so when calculating the seats is unnecessary after the maximum number of procedures; in these cases, the lot decides who is the higher number of seats.

Article 6 election ausschreiben (1) after section 4 certain period and no later than six weeks before the last day of voting, the Election Committee shall adopt a choice ausschreiben. It is be signed by all members of the selection board.
(2) must contain the option ausschreiben 1 location and day of its adoption, 2. the number of members of the staff Council, to be elected separately according to groups, 2a.
Indicated on the shares of the sexes within the Department, divided into groups, 3. information about whether the groups elect their representatives in separate ballots (Group dial) or common choice has been decided prior to the adoption of the electoral ausschreibens, 4 indicating where and when the electoral roll and this electoral code for inspection are available, 5. the note that only employees can choose, on the electoral roll registered are , 5a.
the note that the equality in the staff Council according to the ratio of the numbers should be represented, 6 is the note that appeals against the electoral roll only within six working days in writing may be lodged since his interpretation of the election Board, the last day of the opposition period to specify, 7 must be the minimum number of eligible employees, of whom signed a proposal, and the note that each employee for the election of Council of staff only on a nomination can be named , 7a.
the note that the nomination of a Trade Union represented in the services of two officers must be signed (§ 19 paragraph 9 of the law), to specify 8 which is prompt to submit election proposals within 18 calendar days after the adoption of the electoral ausschreibens the selection board, the last day of the filing period, 9 the hint that only timely submitted nominations will be taken into account and that only can be chosen, who is recorded in a such election proposals , 10 the place at which the nominations will be announced, 11 the place and the time of voting, 12 a note on the possibility of written votes, if necessary, on the arrangement of written voting according to § 19, 13 of the place and the time of the counting of votes and the meeting of the Electoral Board, where the election results finally found, 14 the place the appeals , Election proposals and other declarations to the Election Committee are to be off.
(3) the selection board has unhooked a copy or a print of the election ausschreibens from the date of the decree to the completion of voting on one or several suitable, the electors to reach places and in legible condition.
(4) obvious mistakes of the electoral ausschreibens may be corrected at any time by the Electoral Committee.
(5) with the adoption of the electoral ausschreibens the choice is initiated.

§ 7 election proposals, submission deadline (1) the choice of the staff Council can make to eligible workers and the trade unions represented in the Office election proposals.
(2) the election proposals are to be submitted within 18 calendar days after the adoption of the electoral ausschreibens the selection board. Group election shall be submitted for each group separate nominations.

Contents of election proposals (1) each nomination shall at least twice as many candidates include § 8 how staff Council members to choose are 1 Group choice groups representatives, 2. joint election.
(2) the names of individual candidates are performing on the proposal among themselves and to provide with continuous numbers. Except the first name, date of birth, the Office - or function name, group affiliation are the family names and, as far as security requirements do not preclude the employment position to specify. Joint election candidates are in the election proposal groups together. The proposal must contain no changes; If necessary, a new proposal is to make and sign.
(3) every election proposal of employees must be according to § 19 para 4, 5 and 6 of the Act 1 group selection by at least one-twentieth of voting members of a group, voting at least by three members of the group, 2 joint election of at least one-twentieth of eligible employees, but at least of three eligible employees, 3. joint election if groups foreign candidates are proposed by at least one tenth of the voting members of the Group , for which they are proposed, be signed. Fractions of a tenth or Zwanzigstels are rounded up to a full one-tenth or twentieth. In any case, the signatures of 50 voting members of groups, joint election the signatures of 50 eligible employees meet in group selection. A Trade Union represented in the Department makes a proposal, so this must be signed by two officers employed in the services which belong to one of the trade unions represented in the Office. The Election Committee has doubts whether an assignment by a Trade Union represented in the services actually exists, it may require that the Union confirms the order; This should be done in writing. The same applies in case of doubt whether an officer is a member of a Trade Union represented in the Office as a member.
(4) of the proposal which is to busy to see which employees to the representation of the proposal to the election Board, be and (lists representative) is entitled to the receipt of declarations and decisions of the selection board. Missing an indication thereof, applies the undersigned as entitled, is paramount. In the cases of paragraph 3, sentence 4 can one who appoint employees, who is a member of the Trade Union, by their appointed proposal justified or someone else in the Office lists representing the Union.
(5) the proposal should be provided with a password.

§ 9 other requirements (1) every candidate can be proposed for the choice of the staff Council on a proposal.
(2) the written consent of the applicant listed in it for inclusion in the proposal the proposal shall be attached; the consent may not be withdrawn.
(3) each proposal entitled employees (§ 8 para 3) may give his signature to the electoral of Council of staff effective only for a nomination. Each proposal entitled Union can by their authorized representative sign be legally only a proposal for each group.
(4) a combination of proposals is not permitted.

§ 10 treatment of election proposals by the Election Committee, invalid election proposals (1) the selection Board noted on the nominations the day and the time of submission. In the case of paragraph 5, note also the date of receipt of the amended election proposal.
(2) the Election Committee returns nominations that are not valid, in particular because the applicant not in recognizable order are listed because they have not the required number of signatures in the submission, because they are not timely filed or because they contain changes (section 8 subsection 2 sentence 4), immediately after receipt, stating the reasons. The withdrawal of signatures after filing of the election proposal does not affect whose validity Paragraph 4 shall remain unaffected.
(3) the selection board has a candidate who is named with his written consent on several proposals, to ask, to explain on which proposal he wanted to remain named within three working days. The applicants failure makes this statement, he will be removed from all election proposals.
(4) the selection board has a proposal entitled employees (§ 8 para. 3), which has signed several nominations, in writing against acknowledgement of receipt, if necessary, by registered mail, to urge, to explain what signature he maintains within three working days after the receipt of the request. The workers not on time makes this statement, his signature on any nomination is one. The same applies to election proposals of trade unions relating to § 9 para 3 sentence 2 not in line.
(5) nominations, the 1.
the requirements of § 8 para 2 sentence 1 to 3 do not comply with, 2. without the prior written consent of the candidate are submitted, exhibit 3. as a result of deletions referred to in paragraph 4 no longer the required number of signatures, has to return Election Committee against written acknowledgement of receipt, if necessary by registered letter with a request to remove the defects within three working days after the receipt of the request. The deficiencies are not timely eliminated, these nominations are invalid.

§ 11 is deadline for the submission of proposals (1) after expiry of the deadlines according to article 7 paragraph 2 and article 10, paragraph 5, sentence 1 Nos. 1 and 2 choosing groups for each group a valid proposal, common choice at all no valid nomination is received, the Election Committee immediately indicates this by posting the same places where the election ausschreiben is posted , known. At the same time, he calls on to election proposals within a grace period of six working days.
(2) in the case of group selection, the selection board in the notice indicates that a group can choose no representatives to the personnel board, if no valid election proposal within the period of grace for them. In the case of joint election, the Election Committee indicates that the staff Council can not be elected if no valid election proposal within the period of grace.
(3) within the period of grace valid election proposals will fail, so the Election Committee Announces immediately 1 group election, for which group or groups no representatives can be elected, 2nd joint election, that this election cannot take place.

§ 12 term of election proposals (1) after the expiry of the time limits under section 7 para 2, § 10 paragraph 5, and article 11, paragraph 1 the selection board by the Los determines the order in which of the election proposals on the ballot. Elections for staff representatives of several steps take place at the same time, the Los decision on the top step is decisive for election proposals with the same password for the elections at all levels. For nominations that are not involved in determining Los on the top step, there will be the following places on the ballot. The list representatives (§ 8 para 4) are to invite the Los decision in a timely manner.
(2) the selection board referred to the election proposals with the family and first names of candidates named in the proposal first and second joint election with the family and given name of the applicant designated for the group in the first place. Proposals, which are marked with a password, the password must be stated.

§ 13 notice of election proposals (1) immediately after the time limits under section 7 para 2, § 10, section 5 and section 11, paragraph 1, but no later than five working days before the start of voting, the Election Committee are considered valid recognized election proposals by posting them up to the completion of voting in the same places as the choice ausschreiben known. The ballot should exist at this time.
(2) the names of the signatories of the election proposals are not made known.

§ 14 session records the Election Committee produces about each session in which he has taken a decision, a transcript that contains at least the wording of the decision. She must be signed by all members of the selection board.

§ 15 select exercise the right to vote, ballots, invalid votes (1) can only who is registered on the electoral roll.
(2) the right to vote is exercised by submitting a ballot in an election envelope. Group election, the ballots for each group, joint election must have same size, color, texture and caption all ballots. The same applies to the choice envelopes. The services include foreign workers, sample ballot together with a translation into the native language of the workers at the polling station prominently unhooked.
(3) is to choose according to the principles of proportional representation (§ 25 para 1), so can be given the vote only for the entire proposal (proposal list). Is based on the principles of choosing a person to choose (§ 28 para 1, § 30 para. 1), so the vote for individual candidates to be elected is cast.
(4) ballots are invalid, 1 are not left in an envelope of choice, 2 sentence 2 correspond to the requirements of paragraph 2, the will of the voter not clearly results 3 from which containing a special feature, an addition or a reservation 4.
(5) several ballots contained in an envelope of choice for an election, that same ring, are counted as one vote.
(6) the voter has prescribed a ballot, made accidentally disable this or its election envelope, a new him ballot and, if necessary, a new envelope of choice upon request against return of unusable ballots handed over. The Election Committee shall immediately destroy the returned documents in the presence of the voter.

§ 16 choice Act (1) the Election Committee shall take measures that the voters can unattended to mark the ballot in the election and in the election envelope. For the recording of the envelopes, ballot boxes should be used. Before the voting, the ballot boxes from the Election Committee are to be closed. You must be set up so that the inserted envelopes before opening the ballot box may be removed. Groups selection takes place, so the vote can be performed separately according to groups; in any case, however separate ballot boxes are to use.
(2) a voter who is disabled by physical infirmity in the voting, determines a person of his confidence, that he wants to use in voting, and announces it to the election Board. The assistance has to restrict itself to the fulfilment of the wishes of the voter to vote. The confidant may search the selection cell together with the voters, insofar as this is necessary to help performance. The trusted third party is obliged to maintain secrecy of knowledge which has obtained the assistance of the choice of another. Election candidates, members of the selection board and election officials may not be used for the assistance.
(3) as long as the choice is open to vote, at least two members of the selection board in the election must be present; Election officials have been appointed (§ 1 para 1), just the presence of a member of the selection board and a selection helper.
(4) prior to insertion of the election envelope in the ballot box, is to determine whether the voters on the electoral roll is registered. This is the case, the voters entrusted with the acceptance of the election envelopes member of the election Board, which places it unopened in the ballot box in the presence of the voter passes the envelope. The voters can set the election envelope itself in the ballot box, if the Member of the election Board entrusted with the acceptance of the election envelopes allows. The balloting is to be noted in the electoral roll.
(5) the election plot is interrupted or the election result is not immediately detected after the vote, the Election Committee in the meantime has to seal the ballot box and to be kept, that the throw or the removal of ballot boxes without damage of the closure is impossible. Reopening of the election or removal of the ballots to the counting of the votes of the Election Committee has to convince that the CAP is intact.

Article 17 an eligible employee which prevents at the time of the election is written vote (1), to cast his vote personally, the Election Committee the election proposals, upon his request 1 2 the ballots and the election envelope, 3. a pre-printed, issuing from the voters to Declaration in this to the selection board assures that he has marked the ballots personally or, required as far as under the conditions of § 16 para 2 , mark made by a person of his confidence as well as 4 a larger envelope, the address of the election Board and handed over as sender bears the name and address of the electors and the note "Written vote", or to send. The Election Committee shall give also a fact sheet about the manner in which written voting (paragraph 2) the voters or send. On request, also an imprint of choice ausschreibens is to hand over or send. The Election Committee has to indicate the delivery or sending in the electoral roll.
(2) the voter expresses his voice in such a way, that he 1 unobserved personally marks the ballot and in the election envelope sets 2. signs the pre-printed statement, specifying the place and date and 3. If the election envelope in which the ballot is set, and the signed declaration (paragraph 1 sentence 1 No. 3) closing in the envelope and submits them in time to the election Board or passes , that he exists prior to the conclusion of the voting.
The voters can, as far as under the conditions of section 16 paragraph 2 required, which perform 1 to 3 referred to activities by a person of his confidence in the numbers.

§ 18 treatment of votes cast in writing
(1) immediately prior to the conclusion of the voting opens the Freiumschläge received up to this time the Electoral Committee in public session and takes them the election envelopes and printed declarations (§ 17 para 1 sentence 1 No. 3). The written vote is properly done (§ 17 par. 2), so the Election Committee puts the election envelope after notice of voting in the electoral roll unopened in the ballot box.
(2) the Election Committee with a note about the date of the receipt has unopened delayed inbound envelope to take to the ballot papers. The envelopes unopened to destroy if the election has not been challenged, one month after announcement of the election results.

§ 19 voting apparatuses and parts of departments for the workers of 1 extension units or parts of a service center, which located geographically far from this are subordinate bodies of a service center, which are half-sentence 2 of the law, not according to section 6 para 2 sentence 1 or 2 and are not considered independent services according to § 6 section 3 of the Act, the Election Committee may carry out the voting in these places or arrange the written vote. Is the written vote is arranged, the Election Committee shall send the documents referred to in article 17, paragraph 1 eligible workers.

Section 20 determination of election results (1) immediately after the election the Election Committee makes public the tallying of votes and determines the result.
(2) after the opening of the ballot box, takes the ballot the Election Committee the election envelopes and checks their validity.
(3) the selection board 1 in the case of proportional representation is one on each list, 2. in the case of the person choosing the valid ballots on each individual candidate deleted together.
(4) ballot, whose validity or invalidity of the Election Committee decides because they give rise to doubts, are to provide progressive number and be kept separately at the ballots by the remaining ballots.

§ 21 election transcript (1) on the outcome of the election the Election Committee produces a transcript which is signed by all members of the selection board. The minutes must contain 1 groups choosing the sum of the votes cast by each group, joint election of the sum of all votes, 2 groups choosing the sum of the votes of each group votes, joint election of the sum of all the valid votes cast, 3. the number of invalid votes cast for each group, at joint election the sum of all invalid votes , 4. governing the validity or invalidity of dubious votes reasons, 5. in the case of proportional representation the number of valid votes on each proposal list deleted as well as the calculation of the quota and their distribution on the proposal lists, in case the person choosing the number of valid votes deleted on each candidate, 6 the names of the selected candidates.
(2) specific incidents in the election act or determining the election's outcome are to be noted in the minutes.

Section 22 notification of selected candidates the Election Committee notified as staff Council members elected in writing without delay against acknowledgement of receipt, if necessary, by registered letter, of their choice. Explains a selected within three working days the Election Committee after receipt of the notification, that he rejected the election, the election is deemed to have been accepted.

§ 23 announcement of the election results the Election Committee the election result and the names of candidates elected as staff Council members known through two-week notice in the places, specifies that the choice ausschreiben has been made known.

§ 24 retention of ballots the election documents (transcripts, notices, ballots, Freiumschläge for the written vote, etc.) by the Staff Committee at least until the next election of the Staff Committee retained.
Second section special rules for the election of several members of the staff Council or group representative conditions of election, ballots, voting (1) occurrence of multiple nominations (proportional representation) article 25 is according to the principles of proportional representation (closed lists) to decide if 1 first subsection dialling group election for that group several valid nominations, 2 common election several valid nominations received. In these cases each voter can cast his vote only for the entire proposal (proposal list).
(2) on the ballot proposal lists in the order determined in accordance with article 12, paragraph 1, specifying the family name, first name, official or function name and group affiliation of the applicant named in first and second place, perform joint election of candidates designated for the group in the first place among themselves; Lists, which are marked with a password, the password is to indicate.
(3) the voter has to tick the suggestion list on the ballot, for which he wants to give his voice.

§ 26 determine of the selected group dial (1) in the case of Group choice group representative will be the sum of the votes on each proposal list of each group deleted placed side by side and in turn divided by 1, 2, 3, etc.. On the highest part number (maximum), a seat will be allocated as long until all of the group entitled to seats (section 5) are distributed. Only a seat is at same quota or only two seats are three same quota to distribute, the lot decides.
(2) contains a proposal list of fewer applicants than you would to seats according to the quota, the excess seats fall to the other proposal lists in the order of the next quota.
(3) within the proposal lists, distribute the seats to candidates in the order of their naming (§ 8 par. 2).

Section 27 calculation of the elected representatives of groups in joint election (1) common choice are the sum of the votes on each proposal list deleted placed side by side and in turn divided by 1, 2, 3, etc.. The seats available to each group are separated, but using the same part number determined. Article 26, paragraph 1, sentence 2 and 3 shall apply mutatis mutandis.
(2) a proposal list of fewer applicants of a group contains, as according to the quota, this would have seats, the remaining seats of this group fall to the members of same group on the other proposal lists in the order of the next quota.
(3) within the proposal lists, due to the individual groups seats on the members of the corresponding group in the order of their naming are distributed.
Second subsection dialling conditions of choice, ballots, voting (1) if there is a choice of proposal (choice) is according to the principles of choice of the person to choose if 1 § 28 group election for that group only one valid nomination, 2 common choice is entered into only a valid proposal. In these cases, each voter can choose only such candidates, which are listed in the nomination.
(2) in the ballot, the candidates from the election proposal in no order, stating the surname, first name, official or function name and group membership are applied. The voter has to tick the names of candidates on the ballot, for which he wants to give his voice. Voters must tick 1 in group selection no longer name than on the target group representatives are to choose, not more names ticked 2. common election as members of the staff Council to choose.

§ 29 determination of selected candidates (1) group election candidates in the order of highest votes deleted on it are selected.
(2) in the case of joint election, the seats available to each group are occupied with the candidates of these groups in the order in which of the highest numbers of votes deleted them.
(3) in the case of equal number of votes, the lot decides.
Third section special rules for the election of a member of staff Council or a group representative (choice) § 30 requirements for person, ballots, voting, election results (1) is according to the principles of choice of the person to choose if only one representative, only one member of staff Council to choose 2 common choice is 1 in group selection.
(2) in the ballot, the candidates from the election proposals in alphabetical order, stating the surname, first name, official or function name are applied.
(3) the voter has to check the name of the candidate on the ballot, for which he wants to give his voice.
(4) elected the candidate who received the most votes. When the same number of votes, the lot decides.
Fourth section of election of the representatives of the sections 1 to 30 according to not constantly preparing and holding of elections (1) for the preparation and holding of elections of representatives not constantly employees who apply be workers § 31 divergence, that is the number of representatives who do not constantly evaluates employees exclusively from article 65 (1) of the Act, calculated representatives only after the maximum number of processes available to the Group and that the rules on the protection of minorities (article 17, paragraph 3 and 4 of the Act) no application To find. At least a workers selectable according to section 14 of the Act must belong to the Election Committee.
(2) group election will take place and a group in the distribution of seats on the group receives no representatives, according to the maximum number procedure so any voting members of this group can connect by declaration to the Electoral Committee of another group.
Second part of election of the District Staff Council § 32 mutatis mutandis of the rules on the choice of the staff Council for the election of District Staff Council apply the sections 1 to 30, unless otherwise stated in the articles 33 to 41.

Article 33 Board of election (1) the District Election Committee directs the choice of District Staff Council. The local election boards in the order and according to guidelines of the district election Board take over the holding of elections in the individual departments.
(2) of the local election Committee announces the names of members of the district election Board and, where appropriate, the members of the replacement and the official address of its Chairman in the Office of voting by posting them to completion.

Article 34 statement of employment, electoral roll (1) local election boards make the number of in the departments typically employees and their distribution on the Group firmly and these numbers tell the District Election Committee in writing without delay.
(2) the preparation of the electoral rolls and the treatment of objections is task of local election boards. Notify immediately in writing the number of eligible employees, the District Election Committee separately by group membership. Within the group, the shares of the sexes are to determine.

§ 35 calculation of the score to be elected district staff members of the Council, distribution of seats on the groups (1) the District Election Committee determined the number of members of the District Staff Council to be elected and the distribution of seats on the group.
(2) a different distribution of members of the District Staff Council on the Group has not been decided and fewer seats, than you at least to after section 53 para. 5 of the Act, required the allocation of seats according to § 5 para 2 to a group so given, the number prescribed in article 53, par. 5 of the Act of seats.

§ 36 simultaneous choice of the election of the District Staff Council should take place as far as possible at the same time with the choice of staff councils in same district.

§ 37 choice ausschreiben (1) of the District Election Committee shall adopt the election ausschreiben.
(2) of the local election Committee Announces voting by posting them in legible States up to the end of the election ausschreiben in the Office one or more suitable, the voter-to-reach places.
(3) the election ausschreiben must contain 1 location and day of its adoption, 2. the number of members of the District Staff Council, to be elected separated groups, 2a.
The share of the sexes within the business area, divided into groups, 3. information about whether the groups elect their representatives in separate ballots (Group dial) or common choice has been decided prior to the adoption of the electoral ausschreibens, 4. the note that only employees can choose, on the electoral roll are, 4a.
the note, that the equality of the District Staff Council according to the ratio of the numbers should be represented, 5 must be the minimum number of eligible employees, of whom signed a proposal, and the note that each employee only on a nomination can be named, 5a.
the note that the election proposal for a Union of two officers represented the authority of the intermediate Division must be signed (§ 53 para 3 in conjunction with § 19 para 9 of the law), to specify 6 which is prompt to submit election proposals within 18 calendar days after the adoption of the electoral ausschreibens at the District Election Committee, the last day of the filing period, 7 the note that only timely submitted nominations will be taken into account and that can only be selected , who is recorded in such a proposal, 8 the day or days of voting.
(4) of the local election committee complements the choice ausschreiben with the following information: 1 indicating where and when the electoral roll asked for the local services and this electoral code for inspection are out to specify the note that appeals against the electoral roll only within six working days in writing can be loaded since its interpretation at the local election Committee, the last day of the opposition period is 2, 3rd place , in which the nominations will be announced, 4. a the place and the time of voting, 5. Note on the possibility of written votes, on the arrangement of written voting according to § 19, 6 the place, the objections and other statements to the selection board to submit to the venue and the time of the counting of the votes, 7 May.
(5) of the local election Committee noted the first and last day of the placement on the dial ausschreiben.
(6) obvious mistakes of the election ausschreibens can at any time be corrected by the District Election Committee.
(7) with the adoption of the electoral ausschreibens the choice is initiated.

Section 38 notices of the district election Board are notices after the sections 11 and 13 unhooked in the same way as the election ausschreiben within the departments.

§ 39 session transcripts (1) of the District Election Committee produces about each session in which he has taken a decision, a transcript. The minutes shall be signed by all members of the district election Board.
(2) the minutes of the meetings, in which appeals against the electoral roll is decided, produces the local election committee.

§ 40 voting, ballot takes place the choice of District Staff Council at the same time with the election of staff councils, so the same envelope can be used for voting for two elections. For the election of District Staff Council, ballots from other color as for the choice of the staff Council are to use.

Article 41 determination and announcement of the election results (1) the local election boards count on each proposal list or, if person vote took place, the voices on the single candidate deleted. You make a choice transcript pursuant to article 21 (2) which is held on to send the District Election Committee immediately after determining the election's outcome enrolled or by telex. The documents created at the point of service for the election of District Staff Council (§ 24) be stored together with a copy of the minutes of the staff Council.
(3) the District Election Committee counts immediately on any list or, if person election has taken place, the votes on each individual candidate deleted and is the result of the election.
(4) after the names of candidates elected as members of the staff Council, the District Election Committee shares with the local election boards. The local election Board members will post them through two-week posting in the same way as the election ausschreiben.
Third part of election of the main personnel Council section 42 appropriate application of the rules on the election of the District Staff Council for the election of the main personnel Council apply the sections 32 to 41, unless otherwise stated in the articles 43 and 44.

§ Is the choice of the main personnel Council 43 line of the main Election Committee election.

§ 44 holding of elections under districts (1) that can selection board that the authorities of the existing intermediate or ordered on request local election boards ask, by the local election boards to be set the area of the intermediate authority figures the usually busy and their distribution on the group to set up 1, 2. the number of voters in the area of authority of the intermediate , separated by their group membership and within the group after the interests of equality, to determine, 3. the election results identified in the services in the area of authority of the intermediate to assemble, 4. notices of the main election Board of the remaining local election boards in the area of authority of the intermediate route.
The election boards to the authorities of the intermediate teach other local election boards in the area of the authority of in the intermediate in these cases that the information referred to in paragraphs 1 to 3 to them to submit is.
(2) the election Board members to the authorities of the intermediate produce about the composition of the election results (paragraph 1 sentence 1 No. 3) minutes.
(3) the election boards at the middle school authorities send the main Election Committee immediately enrolled or by telex which in paragraph 1 sentence 1 No. 1, 2 these compilations and the transcript about the composition of the election results (paragraph 2).
Fourth part of choice of the Joint Staff Council article 45 application of the rules on the choice of the staff Council for the selection of the Joint Staff Council apply sections 32 to 41, according to.
Fifth part of choice of the youth and trainee representative § 46 preparation and holding of elections of the youth and trainee representative
(1) sections 1 to 3, 6 to 25, 28, 30 and article 31 paragraph 1 sentence 2 accordingly with the deviation shall apply for the preparation and holding of elections of the youth and trainee representative results in the number of to be elected youth and trainee representatives exclusively from section 59 (1) of the Act and that the rules on group choice (section 19 para 2 of the law) , about the protection of minorities (article 17, paragraph 3 and 4 of the Act) and the summary of the candidates in the election proposals for groups (§ 8 paragraph 2 sentence 3) do not apply.
(2) are multiple youth and trainee representative to choose and is carried out the election on the basis of multiple proposal lists, so the sum of the votes on each proposal list deleted are placed side by side and in turn divided by 1, 2, 3, and so on. On the highest part number (maximum), a seat will be allocated as long until all seats (article 59 paragraph 1 of the law) are distributed. Section 26, subsection 1, sentence 3, para 2 and 3 shall apply.
(3) are several youth and trainee representative to choose and the choice on the basis of a proposal of the election was carried out, as the applicants in the order in which of the highest numbers of votes deleted on it are selected; vote, the lot decides.

§ 47 election of the youth and trainee levels representations (1) for the election of the youth and trainee levels representations according to § 64 para. 1 of the law (district youth- and apprentice representation, main-youth and apprentice representation) apply the articles 33 to 41, 43, 44 and 46. For workers referred to in article 57 of the Act in subordinate offices employing usually fewer than five such district or main Election Committee performs the choice of the youth and trainee levels representations, not election boards are ordered in the mentioned subordinate offices; the district or main Electoral Committee may order the written vote. In this case, the district or main election Board has the voting in section 57 of the Act to send the documents referred to in article 17, paragraph 1 employees referred to.
(2) for the choice of the total youth and apprentice representation according to § 64 para 2 of Act, paragraph 1 and article 46 shall apply mutatis mutandis.
Part six special administrative branches section 48 is confidant in the Federal Police (1) to carry out a secret ballot with ballots (§ 85 para 2 No. 3 sentence 4 of the Act), is as follows: the Election Committee distributed blank ballots by colour and size. Each voter writes the name of a candidate on his ballot, fold it so that the name is obscured, and passes it to the election Board. This places the ballot in the presence of the voter unopened in a container provided for this purpose and hold the name of the selector in a list. The Election Committee shall adopt arrangements that voters can describe their ballots unobserved. The Election Committee has determined that the election is over, he counts the votes immediately and without interruption public out and determines the result.
(2) the confidence man elected the candidate who received the most votes. The candidate with the second highest number of votes is chosen with the third highest number of votes to the second Deputy to the first Deputy. When the same number of votes, the lot decides.

Paragraph 49 staff representatives in the Federal Intelligence Service for the federal intelligence service is this electoral code with the following exceptions: 1 creation of the ballots the safety regulations of the Federal German intelligence service are to be observed. The announcement usual in the German Federal Intelligence Service takes the place of the notice by posting them. The notices must be accessible to the employees for the duration of the periods specified in the individual regulations for consultation during office hours.
2. paragraph 2 is para 3 shall apply, that workers may see only the electoral register of their group.
3. According to section 17, subsection 1, sentence 3 an imprint of the election ausschreibens handed over or sent, as this may contain Nos. 2 and 7 not the information pursuant to section 6 para 2.
4. the employees of parts a service center, which spatially located by this, cast their vote in writing.

§ 49a - 50 election of a staff domestically by workers in offices of abroad (1) the main federal or District Election Committee may order the written vote to choose of the levels of representation by employees in departments of the Federal Government in foreign. The same applies for the choice of a total staff Council.
(2) on the choice of the staff Council of the Foreign Ministry which in article 91, paragraph 1 No. 3 sentence 1 of the Act are designated employees sections 32 to 41 apply accordingly. The Election Committee may order the written vote for the election by the employees referred to in sentence 1.
(3) the written vote is arranged according to paragraphs 1 or 2, the election Board has to send the documents referred to in article 17, paragraph 1 the eligible employees.

§ 51 confidence man of the locally engaged staff (section 91 paragraph 2 of the law) (1) the personnel board appointed no later than three weeks before the expiry of the term of Office of the confidence man of the local staff three local staff as Election Committee and certainly one of them as Chairman. The staff Council has not ordered the Election Committee or no staff counsel, is in the station the Director ordered the services the Election Committee. Local staff are ready, or not in sufficient numbers to take over the election Board office workers eligible to vote can be ordered.
(2) the selection board has to convene a meeting of the local forces without delay. In this meeting, the choice of the confidence man and his Deputy is making.
(3) a secret ballot with ballots to make (section 91 paragraph 2 sentence 2 of the law), is as follows: the Election Committee distributed blank ballots by colour and size. Each voter writes the name of a candidate on his ballot, fold it so that the name is obscured, and passes it to the election Board. This places the ballot in the presence of the voter unopened in a container provided for this purpose and hold the name of the selector in a list. The Election Committee shall adopt arrangements that voters can describe their ballots unobserved. The Election Committee has determined that the election is over, he counts the votes immediately and without interruption public out and determines the result.
(4) the candidate who received the most votes is selected to the shop steward. The candidate with the second highest number of votes is chosen with the third highest number of votes to the second Deputy to the first Deputy. When the same number of votes, the lot decides.
Part seven final provisions article 52 shall apply calculation of time-limits for the calculation of the time limits laid down in this regulation the corresponding to sections 186 to 193 of the civil code. Working days within the meaning of this electoral code are the weekdays Monday to Friday except public holidays.

§ Is 53 transitional arrangements for elections, for which the Election Committee is appointed before 1 October 2005 at the latest, to apply the electoral code to the Federal staff representation act as amended by force until September 30, 2005.

Article 54 (entry into force)-