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Electoral Regulations to the Federal Personalization Act

Original Language Title: Wahlordnung zum Bundespersonalvertretungsgesetz

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Electoral Regulations to the Federal Personalization Act (BPersVWO)

Unofficial table of contents

BPersVWO

Date of completion: 23.09.1974

Full quote:

" Electoral Regulations to the Federal Personalization Act in the version of the Notice of 1 December 1994 (BGBl. 3653), as last amended by Article 1 of the Regulation of 28 September 2005 (BGBl I). I p. 2906) "

Status: New by Bek. v. 1.12.1994 I 3653;
Last amended by Art. 1 V v. 28.9.2005 I 2906

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 26.9.1974 + + +)

(+ + + measures due to EinigVtr cf. BPersVWO Annex EV + + +) Unofficial table of contents

Content Summary

Part one
Election of the Staff Council
First section
Common rules on the preparation and implementation of the election
§ 1 Head of election, electoral officer
§ 2 Determination of the number of persons employed, voters ' register
§ 3 Objections to the voters ' register
§ 4 Preliminary votes
§ 5 Determination of the number of members of staff to be elected, distribution of seats among the groups
§ 6 Select Letter
§ 7 Nominations, deadline for submission
§ 8 Content of the election proposals
§ 9 Other requirements
§ 10 Treatment of election proposals by the electoral head, invalid election proposals
§ 11 Grace period for the submission of nominations
§ 12 Nomination of nominations
§ 13 Announcement of nominations
§ 14 Minutes of session
§ 15 Exercise of the right to vote, ballot paper, invalid vote
§ 16 Ballot
§ 17 Written vote
§ 18 Treatment of votes cast in writing
§ 19 Voting by branch offices and parts of services
§ 20 Determination of the results of the election
Section 21 Electoral Address
Section 22 Notification of the selected candidates
Section 23 Announcement of the results of the election
§ 24 Retention of electoral documents
Second section
Specific rules for the choice of several
Members of staff members or group representatives
First subsection
Electoral procedure in the presence of several nominations (proportional representation)
Section 25 Requirements for proportional representation, ballot papers, voting
Section 26 Determination of the selected group representatives in group selection
§ 27 Determination of the chosen group representatives in the event of a joint
Second subsection
Electoral procedure in the event of an election proposal (personal choice)
§ 28 Requirements for choice of persons, ballot papers, voting
§ 29 Identification of the candidates elected
Third Section
Special provisions for the election of a member of the staff member or a group representative (choice of persons)
§ 30 Requirements for choice of persons, ballot papers, voting results, election results
Fourth Section
Election of representatives of non-permanent employees
Section 31 Preparation and implementation of the election
Part two
Election of the county sperm council
Section 32 Corresponding applications of the rules governing the election of the Staff Council
§ 33 Leadership of the election
Section 34 Determination of the number of persons employed, voters ' register
§ 35 Determination of the number of county sperm council members to be elected, distribution of seats among the groups
§ 36 Concurrent choice
Section 37 Select Letter
§ 38 Announcements of the district electoral board
§ 39 Minutes of session
§ 40 Voting, ballot
Section 41 Identification and publication of the results of the election
Part Three
Election of the Main Personality Council
§ 42 Corresponding application of the rules on the election of the district spersonal council
Section 43 Leadership of the election
Section 44 Implementation of the election by district
Fourth part
Election of the General Personality Council
§ 45 Appropriate application of the rules governing the election of the Staff Council
Fifth Part
Election of the youth and trainee representatives
Section 46 Preparation and implementation of the choice of youth and trainee representation
§ 47 Choice of youth and trainee councils
Sixth Part
Special administrative branches
§ 48 Trust in the Federal Police
§ 49 Personnel representations in the Federal Intelligence Service
§ 49a Personnel representatives at the Deutsche Bundespost
§ 50 Election of a national staff representation by employees in federal services abroad
Section 51 Trusting of the local forces (Section 91 (2) of the Law)
Seventh Part
Final provisions
Section 52 Calculation of deadlines
Section 53 Transitional arrangements
§ 54 entry into force

Part one
Election of the Staff Council

First section
Common rules on the preparation and implementation of the election

Unofficial table of contents

§ 1 Electoral Committee, Electoral Helper

(1) The electoral board shall carry out the election of the staff council. He may appoint persons entitled to vote in his or her office as an electoral officer in order to assist him in carrying out the vote and counting the votes. Section 24 (2) sentence 2 and 3 of the Act also applies to the activities of the election advisors. (2) The office has to assist the electoral board in the performance of its duties, in particular to provide the necessary documents and, if , and to provide the necessary information. For the preparation and execution of the election, the office has to make available spaces, business needs and writing staff to the required extent. (3) The electoral board shall give the names of its members and, where appropriate, of the replacement members. (4) The electoral board shall take its decisions with a simple majority of votes of its members. (5) The electoral board shall be responsible for the election of the electoral board. ensure that foreign employees are informed in good time of the electoral procedure, the drawing up of the electoral register and the list of proposals, the electoral process and the vote in a suitable manner, if necessary, in their mother tongue. Unofficial table of contents

§ 2 Determination of the number of persons employed, voters ' register

(1) The electoral council shall determine the number of persons generally employed and their distribution among the groups. If this number does not exceed 50, the electoral council also determines the number of persons entitled to vote in accordance with section 13 of the law. (2) The electoral council shall establish a list of persons entitled to vote (voters ' register) separated by groups. Within the groups, the proportions of the sexes are to be determined. (3) The voters ' register or a copy shall be interpreted immediately after the initiation of the election until the end of the vote at the appropriate place for inspection. Unofficial table of contents

§ 3 Proclaims against the voters ' register

(1) Each employee may appeal to the electoral committee in writing within six working days of the interpretation of the voters ' register (§ 2 para. 3) objection against its correctness. (2) The electoral committee decides on the objection immediately. The decision shall be notified in writing without delay to the employee who has lodged an appeal, but no later than one working day before the beginning of the vote. If the objection is justified, the electoral head has to rectify the voters 'register. (3) After the expiry of the opposition period, the electoral head shall again check the voters' register for its completeness. After that, the voters ' register is only available in the case of writing errors, obvious inaccuracies, the execution of objections filed in good time, at the entry or exit of an employee, and in the event of changes in group membership until the conclusion of the To correct or to supplement voting. Unofficial table of contents

§ 4 Preliminary votes

(1) Preliminary votes on
1.
A distribution of the members of the Staff Council deviating from § 17 of the Act to the groups (Section 18 (1) of the Act) or
2.
the conduct of a joint election (Section 19 (2) of the Law), or
3.
the validity of secondary offices or parts of a service as an independent service (§ 6 para. 3 of the law)
shall be taken into account only if their outcome has been submitted to the electoral committee within six working days since the announcement in accordance with Section 1 (3) and if it is credited to the electoral officer that the result under the direction of one of at least three eligible voters Members of the staff of the European Parliament have been held in secret ballots and in the cases of points 1 and 2 after groups have been voted separately. A member must belong to the voting board in the department, in the cases of sentence 1 (3) of the branch office or of the part of the department. (2) In the announcement according to Article 1 (3), the electoral board has referred to the person in charge of the voting. (1). Unofficial table of contents

§ 5 Determination of the number of members of the staff council to be elected, the distribution of seats among the groups

(1) The electoral board determines the number of members of the staff council to be elected (§ § 16 and 17 (4) of the Act). If a distribution of the members of the staff council to the groups (section 18 para. 1 of the law) deviating from § 17 of the law has not been decided, the electoral board shall calculate the distribution of the personnel council seats on the groups (section 17 (1)). (2) The figures of the employees of the individual groups belonging to the office (§ 2 para. 1) are juxtaposed and the series shall be replaced by 1, 2, 3, etc. shared. A seat shall be allocated to the highest number (maximum number) until all personnel council seats (§ § 16 and 17 (4) of the law) are distributed. Each group will receive as much seats as the maximum number of seats. If, for the same maximum numbers, only one seat or, at three equal maximum numbers, only two seats are to be distributed, the lot shall be decided. (3) In the case of the distribution of the seats referred to in paragraph 2, the number of seats shall be reduced to a group less than the number of seats in accordance with § 17. Article 3 of the Act shall be at least equal to the number of seats prescribed in Section 17 (3) of the Act. The number of seats in the other groups shall be reduced accordingly. In this case, the respective last allocated seats are first shortened. If only one seat is to be cut at the same maximum number, the lot shall decide which group shall be the seat of the seat. Seats which are at least entitled to a group in accordance with the provisions of the law may not be withdrawn. (4) If in one service all groups have the same number of members, the settlement of the seats shall be superseded by the following: In these cases, the lot decides who the higher number of seats is to be paid. Unofficial table of contents

§ 6 Election Letter

(1) After the expiry of the period laid down in § 4 and not later than six weeks before the last day of the vote, the electoral committee shall issue a ballot letter. It must be signed by all the members of the electoral board. (2) The term of the election must contain
1.
the place and the day of his decree,
2.
the number of members of the staff council to be elected, separated by groups,
2a.
Information on the shares of the sexes within the department, broken down by groups,
3.
information on whether the groups elect their representatives in separate ballots (group election) or have been elected before the vote of the elective elective,
4.
the indication of where and when the voters ' register and the electoral system are to be viewed,
5.
an indication that only employees who are entered in the voters ' register can choose,
5a.
the fact that the number of men and women in the Staff Council should be represented by the number ratio,
6.
an indication that objections to the voters ' register can only be lodged in writing by the electoral Board within six working days since its interpretation, and the last day of the opposition period must be disclosed,
7.
the minimum number of persons entitled to vote, of which an election proposal must be signed, and the indication that any employee for the election of the Staff Council may be nominated only on a nomination,
7a.
the fact that the nomination of a union represented in the office must be signed by two representatives (Section 19 (9) of the Law),
8.
the request to submit nominations within eighteen calendar days following the date of the ballot letter to the electoral committee, the last day of the deadline for submission of the nominations,
9.
the fact that only election proposals submitted on time are taken into account and that only those who are included in such an election proposal can be elected,
10.
the place where the election proposals are announced,
11.
the place and the time of the vote,
12.
an indication of the possibility of a written vote, if appropriate on the arrangement of the written vote in accordance with section 19,
13.
the place and time of the counting of votes and the meeting of the electoral board, in which the outcome of the election is concluded,
14.
the place where objections, election proposals and other declarations are to be made to the electoral council.
(3) The electoral authority shall issue a copy or a copy of the ballot letter from the date of the adoption until the end of the vote at one or more appropriate places accessible to the electorate, and in a legible state (4) Apparently, the inaccuracy of the ballot letter can be corrected at any time by the Electoral Council. (5) The election is initiated with the adoption of the ballot letter. Unofficial table of contents

Section 7 Electoral proposals, deadline for submission

(1) In order to elect the Staff Council, the persons entitled to vote and the trade unions represented in the office may make election proposals. (2) The election proposals shall be submitted within eighteen calendar days following the adoption of the electoral letter. The election of the electoral officer. In the case of group selection, separate nominations shall be submitted for the individual groups. Unofficial table of contents

Section 8 Content of the election proposals

(1) Each nomination shall contain at least twice as many candidates as:
1.
in the group election, group representatives,
2.
Members of the Personnel Council
(2) The names of the individual candidates shall be listed on the nomination proposal and shall be accompanied by serial numbers. In addition to the surname, the first name, date of birth, official or functional title, group membership and, in so far as security needs do not prevent, the employment agency shall be indicated. In the case of a joint election, the nomination is to be combined with the candidates by group. The nomination may not contain any changes; if necessary, a new nomination is to be made and signed. (3) Any nomination of the employees must be submitted in accordance with Section 19 (4), (5) and (6) of the Act.
1.
in the case of a group election of at least one twentieth of the eligible group members, but at least three group members entitled to vote,
2.
in the case of a joint election of at least one twentieth of the persons entitled to vote, but at least three persons entitled to vote,
3.
in the event of a joint election, where non-group candidates are proposed, of at least one-tenth of the eligible members of the group for which they are proposed,
signed. Fractions of a tenth or twentieth shall be rounded up to a full tenth or twentieth. In any case, in the case of group selection, the signatures of 50 eligible group members, in the case of a joint election, are sufficient for the signatures of 50 persons entitled to vote. Where a trade union represented in the department makes an election proposal, it must be signed by two representatives working in the office who belong to one of the trade unions represented in the service. If the electoral board has doubts as to whether an assignment by a trade union represented in the office is actually available, it may require the union to confirm the contract; this is to be done in writing. The same applies in the case of doubt whether a representative of a trade union represented in the department is a member. (4) The election proposal of the employees shall be intended to show which employees are responsible for representing the proposal is entitled to the electoral board and to receive statements and decisions of the electoral board (list representatives). If there is no indication of this, the signatory shall be deemed to have the right to be the first. In the cases referred to in the fourth sentence of paragraph 3, the union may appoint one of the nominees or other persons employed by the trade union as a list representative in the employment office, which is a member of the union. (5) The nomination should be provided with a password. Unofficial table of contents

§ 9 Other requirements

(1) Any applicant may be proposed for election of the Staff Council only on an election proposal. (2) The nomination shall be accompanied by the written consent of the candidates listed in it to be included in the nomination; the consent shall be given by the applicant. cannot be revoked. (3) Any employed person (§ 8 para. 3) can legally only hand over his signature to the election of the staff council for an election proposal. Any trade union entitled to it may, through its agents, legally have only one nomination for each group to be signed. (4) A connection of election proposals is inadmissible. Unofficial table of contents

§ 10 Treatment of election proposals by the electoral head, invalid election proposals

(1) The electoral council shall record the date and time of the receipt on the nominations. In the case of paragraph 5, the date of receipt of the corrected election proposal must also be noted. (2) Elections which are invalid, in particular, because the candidates are not listed in a recognizable order, because they are not listed in the If they do not have the required number of signatures, because they have not been submitted in due time or because they contain changes (Section 8 (2) sentence 4), the electoral authority shall immediately give the reasons of receipt, stating the reasons for the submission. back. The withdrawal of signatures after the submission of the election proposal does not affect its validity; paragraph 4 shall remain unaffected. (3) The Electoral Council shall have an applicant who, with his written consent, shall have a number of nominations. , shall be called upon to declare within three working days the nomination for which he wishes to be appointed. If the applicant does not give this declaration in due time, it shall be deleted from all nominations. (4) The electoral council has in writing a person entitled to proposal (Section 8 (3)), who has signed several nominations, in writing. call for confirmation of receipt, if necessary by registered letter, to declare, within three working days of receipt of the request, the signature which it maintains. If the employee does not give this declaration on time, his signature shall not count on any nomination. The same applies to election proposals of the trade unions, which are not in accordance with Section 9 (3) sentence 2. (5) Electoral proposals which are
1.
do not comply with the requirements of section 8 (2) sentence 1 to 3,
2.
without the written consent of the candidates,
3.
as a result of any deletions referred to in paragraph 4, no longer have the required number of signatures,
the electoral head shall return, if necessary by registered letter, against a written acknowledgement of receipt, with the request to remove the deficiencies within three working days of receipt of the request. If the deficiencies are not remedied in time, these nominations shall be invalid. Unofficial table of contents

Section 11 Grace period for the submission of nominations

(1) If, after the expiry of the time limits pursuant to section 7 (2) and 10 (5) sentence 1 no. 1 and 2 in the group election, there is no valid nomination for each group for each group, if no valid nomination has been received at all in the case of a joint election, the electoral council shall give this immediately by hanging out at the same points on which the letter of the election is suspended. At the same time, it calls for election proposals within a grace period of six working days. (2) In the case of the group election, the electoral board would point out in the notice that a group does not include representatives in the Staff Committee , if there is no valid nomination within the grace period for them. In the event of a joint election, the electoral board would point out that the staff council cannot be elected if there is no valid nomination for election within the period of grace. (3) No valid nominations shall also be submitted within the grace period, such as The electoral body immediately announcates
1.
in the group selection, for which group or for which groups no representatives can be elected,
2.
in the case of a joint election, that this election cannot take place.
Unofficial table of contents

Section 12-Designation of nominations

(1) After the expiry of the time limits in accordance with § 7 (2), § 10 (5) and § 11 (1), the electoral body shall determine the order of the election proposals on the ballot paper by the lot. If elections for personnel representatives of several stages take place at the same time, for election proposals with the same password for the elections at all levels, the decision to go to the top level is decisive. For election proposals that are not involved in the lottery decision at the top level, the following places will be drawn on the ballot paper. The list representatives (Section 8 (4)) are to be invited in due time for the decision to go. (2) The electoral board shall designate the nominations with the family names and first names of the candidates nominated in the nomination proposal in the first and second positions, common choice with the family and first names of the candidates nominated for the groups in the first place. For election proposals that are provided with a password, the password is also to be specified. Unofficial table of contents

Section 13 Announcement of nominations

(1) immediately after the expiry of the time limits pursuant to § 7 (2), § 10 (5) and § 11 (1), but no later than five working days before the beginning of the vote, the electoral body shall give the nominations accepted as valid by means of a curtain up to the end of the voting time. Voting in the same places as the election letter is known. The ballot papers shall be available at that time. (2) The names of the signatories of the nominations shall not be disclosed. Unofficial table of contents

Section 14 Meeting minutes

The electoral board shall make a minutes of each sitting in which it has taken a decision, which shall contain at least the text of the decision. It shall be signed by all the members of the electoral board. Unofficial table of contents

§ 15 Exercise of the right to vote, ballot paper, invalid vote

(1) Only those who are entered in the voters ' register can choose. (2) The right to vote shall be exercised by issuing a ballot in an election envelope. In the case of group selection, the ballot papers must have the same size, colour, texture and inscription for each group, in the case of a common election. The same applies to the election envelopes. If foreign employees belong to the office, sample ballots and a translation into the mother tongue of the employees in the polling station are to be hung in a clearly visible place. (3) To be elected according to the principles of proportional representation (§ § § § § § § § § § § § 1). 25 (1)), the vote may only be cast for the entire nomination (proposal list). If according to the principles of the choice of persons to choose (§ 28 para. 1, § 30 para. 1), the vote shall be cast for the individual candidates to be elected. (4) Invalidity are ballot papers,
1.
that are not cast in an election envelope,
2.
which do not meet the requirements of the second sentence of paragraph 2,
3.
from which the will of the voter does not give up without any doubt,
4.
which contain a special feature, an addition or a reservation.
(5) A number of ballots contained in an election envelope for an election, which are the same, shall be counted as one vote. (6) If the voter has prescribed a ballot, inadvertably made this or his envelope unusable, he shall be entitled to: Require a new ballot and, if necessary, a new envelope to be handed out for the return of the unusable electoral documents. The electoral authority shall immediately destroy the documents returned in the presence of the elector. Unofficial table of contents

§ 16 Electoral Act

(1) The electoral council shall make provision for the voter to designate the ballot paper in the electoral area unobserved and to place the ballot in the electoral envelope. Ballot boxes are to be used for the inclusion of envelopes. Before the vote begins, the ballot boxes are to be closed by the electoral head. They must be set up in such a way that the envelopes which have been inserted cannot be removed from the opening of the urn. If group selection takes place, the votes may be carried out separately by group; however, in each case separate ballots shall be used. (2) A voter who is obstructed by physical infirmary in the vote shall determine a Person of his or her trust, who he wishes to serve in the voting, and shall announce this to the electoral office. The assistance has to be limited to the fulfilment of the voter's wishes for the vote. The person of trust shall, together with the voter, visit the electoral cell to the extent that this is necessary for assistance. The confidence person is obliged to maintain the confidentiality of the knowledge gained in the assistance of the choice of another person. Election candidates, members of the electoral board and election aid workers must not be used for assistance. (3) As long as the polling room is open for voting, at least two members of the electoral board must be present in the polling room; If a member of the electoral board and an electoral officer are appointed (Section 1 (1)), it is sufficient to determine whether the voter is registered in the voters ' register before the election's turn is thrown into the ballot. If this is the case, the voter hands over the envelope to the member of the electoral board entrusted with the receipt of the election envelopes, which places him unopened in the ballot box in the presence of the voter. The voter may also place the election envelope in the ballot itself if the member of the electoral board in charge of receiving the election envelopes permits it. The vote shall be recorded in the voters ' register. (5) If the electoral process is interrupted or if the election result is not determined immediately after the vote has been completed, the electoral body shall, in the meantime, have the ballot box to be held in such a way that the ballot box shall be held in the It shall be impossible to insert or remove ballot papers without damage to the closure. In the event of a re-opening of the election or the withdrawal of the ballot papers for the counting of votes, the electoral code has to convince itself that the closure is intact. Unofficial table of contents

Section 17 Written vote

(1) An eligible employee who, at the time of the election, is prevented from giving his/her vote personally, the electoral officer shall have at his request
1.
election proposals,
2.
the ballot paper and the ballot,
3.
a pre-printed statement to be issued by the voter, in which the voter assures that he has personally marked the ballot paper or, if required under the conditions laid down in § 16 (2), by a person of his or her own Confidence has been identified as well as
4.
a major envelope containing the address of the electoral board and the sender of the name and address of the person entitled to vote and the words "written vote",
to be handed out or sent over. The electoral body shall also hand out or send to the voter a leaflet on the manner in which the vote (paragraph 2) is written in writing. Upon request, an imprint of the ballot letter shall also be handed out or sent. (2) The voter shall give his/her vote in such a way that he or she shall have the right to vote in the voters ' register.
1.
the ballot paper is marked in person and placed in the envelope of the ballot,
2.
underwrites the pre-printed declaration stating the place and date; and
3.
the envelope to which the ballot paper is placed and the signed declaration (first sentence of paragraph 1, point 3) shall be closed in the envelope and shall be sent to the electoral management body in good time, or shall be sent to the ballot box in good time before the end of the vote is available.
The voter may, in so far as required under the conditions laid down in Article 16 (2), have the activities referred to in points 1 to 3 be carried out by a person of his or her trust. Unofficial table of contents

Section 18 Treatment of the votes cast in writing

(1) Immediately before the ballot box is concluded, the electoral board shall open the free envelopes received up to this point in the public meeting and take out the envelopes and the pre-printed statements (Section 17 (1) sentence 1 (3)). If the written vote is duly carried out (Section 17 (2)), the voting head shall unopen the ballot box in the voters ' register after the ballot box has been endorsed. (2) Late incoming envelopes shall be delayed by the electoral management to take a note on the date of receipt unopened to the electoral documents. The envelopes shall be unopened one month after the announcement of the result of the vote if the election has not been contested. Unofficial table of contents

Section 19 Voting of posts and parts of departments

For the employees of
1.
subordinated bodies of a service which are not self-employed in accordance with Article 6 (2) sentence 1, first sentence, of the law, or
2.
Substations or parts of a service which are located at a distance from the office and which are not considered to be independent services in accordance with Section 6 (3) of the Act,
the electoral authority may carry out the vote in these posts or may order the vote in writing. If the written vote is ordered, the electoral officer has to send the persons entitled to vote the documents referred to in § 17 (1). Unofficial table of contents

Section 20 Determination of the results of the election

(1) At the end of the election immediately after the election, the electoral body shall publish the counting of the votes and shall determine the result. (2) After the ballot box has been opened, the ballot paper shall take the ballot papers from the ballot papers and shall examine their validity. (3) The electoral presume counts
1.
in the case of proportional representation, those on each proposal list,
2.
in the case of the choice of person, which shall apply to each candidate
(4) ballot papers on the validity or invalidity of which the electoral board decides, because they give rise to doubt, shall be provided with serial number and separate from the other ballot papers in the case of the other ballot papers. To keep electoral documents. Unofficial table of contents

Section 21 Election

(1) The electoral board shall make a record of the election result, which shall be signed by all members of the electoral board. The minutes shall contain:
1.
in the case of a group election, the sum of votes cast by each group, the sum of all votes cast in the case of a joint election,
2.
in the case of a group election, the sum of the valid votes cast by each group, the sum of all valid votes cast, in the case of a joint election
3.
the number of invalid votes cast for each group, the sum of all invalid votes cast, in the case of a joint election,
4.
the reasons which determine the validity or invalidity of dubious votes,
5.
in the case of proportional representation, the number of valid votes cast on each list of proposals, and the calculation of the maximum numbers and their distribution on the lists of proposals, and in the case of the choice of persons, the number of those who have been dropped on each candidate valid votes,
6.
the names of the candidates elected.
(2) Special events in the course of the election act or the determination of the result of the election shall be noted in the minutes. Unofficial table of contents

§ 22 Notification of the selected candidates

The Electoral Board shall inform the members of the Board of Personnel of their choice immediately in writing against receipt of the receipt, if necessary by registered letter. If, within three working days of receipt of the notification, a chosen person does not declare that he/she is opposed to the election, the election shall be deemed to have been accepted. Unofficial table of contents

Section 23 Announcement of the results of the election

The electoral board shall announce the result of the election and the names of the candidates elected as members of the Personnel Council by means of a two-week notice at the places where the ballot letter has been made public. Unofficial table of contents

Section 24 Storage of electoral documents

The election documents (minutes, notices, ballot papers, free envelopes for the written vote, etc.) shall be kept by the Staff Committee at least until the next Personnel Council election is carried out.

Second section
Special provisions for the election of several members of the staff council or group representatives

First subsection
Electoral procedure in the presence of several nominations (proportional representation)

Unofficial table of contents

§ 25 Conditions for proportional representation, ballot papers, voting papers

(1) In accordance with the principles of proportional representation (list choice), the following shall be chosen:
1.
in the case of a group election for the group concerned, several valid nominations,
2.
in the case of a joint election, several valid
have been received. In these cases, each voter may cast his/her vote only for the entire nomination (proposal list). (2) The ballot lists shall be on the ballot paper in the order determined in accordance with Section 12 (1), with the name of the surname, first name, and the official name. or the functional name and group membership of the candidates nominated in the first and second place, in the event of a common choice of the candidates nominated for the first place; for lists provided with a password (3) The voter has the right to vote on the ballot paper To tick the list of proposals for which he wishes to cast his vote. Unofficial table of contents

§ 26 Determination of the selected group representatives in the group election

(1) In the case of group selection, the sums of votes taken on each group of proposals of each group are juxtaposed, and the series shall be replaced by 1, 2, 3, etc. shared. A seat shall be allocated to the maximum number (maximum number) for as long as all the seats to which the group is to be allocated (§ 5) shall be allocated. If only one seat is left at the same maximum number or if only two seats are to be distributed at three equal maximum numbers, the lot shall be decided. (2) If a list of proposals would contain fewer candidates than would be eligible for the maximum number of seats, the number of seats shall be less than the number of seats to be allocated. (3) The seats shall be distributed among the nominees in the order in which they are appointed (Section 8 (2)) within the lists of proposals. Unofficial table of contents

Section 27 Determination of the elected group representatives in the event of a joint election

(1) In the case of a joint election, the sums of votes taken on each proposal list shall be juxtaposed and, in turn, shall be replaced by 1, 2, 3, etc. shared. The seats to be allocated to each group shall be separated, but shall be determined using the same subnumbers. Section 26 (1) sentences 2 and 3 shall apply. (2) If a list of proposals contains fewer candidates from a group than would be eligible for seats on the basis of the maximum number of seats, the remaining seats of that group shall be covered by the members of the same group. (3) Within the lists of proposals, the seats allocated to the individual groups shall be distributed among the members of the relevant group in the order in which they are appointed.

Second subsection
Electoral procedure in the event of an election proposal (personal choice)

Unofficial table of contents

Section 28 Conditions for election of persons, ballot papers, voting

(1) In accordance with the principles of the choice of persons, the following shall be chosen:
1.
in the case of a group election, only a valid nomination for the group in question,
2.
in the case of a joint election only a valid nomination
has been received. In such cases, each voter may elect only those candidates who are listed in the nomination. (2) In the ballot papers, candidates from the nomination shall be in unaltered order, specifying surname, first name, office/or Function label and group membership. The voter shall indicate on the ballot paper the names of the candidates for whom he wishes to cast his vote. The voter may
1.
in the case of a group election, do not cross more names than those for the group in question are to be elected,
2.
do not tick more names in the case of a joint election, than to vote for members of the staff council.
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§ 29 Determination of the candidates elected

(1) In the case of group selection, the candidates are elected in the order of the highest number of votes each shall be paid. (2) In the case of a joint election, the seats allocated to the individual groups shall be held with the candidates of these groups in the order of the in each case the highest number of votes has been dropped. (3) With the same number of votes, the lot decides.

Third Section
Special provisions for the election of a member of the staff member or a group representative (choice of persons)

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§ 30 Conditions for choice of persons, ballot papers, voting results, election results

(1) In accordance with the principles of the choice of persons, the following shall be chosen:
1.
for group election, only one representative,
2.
in case of a joint election only one member of the staff
(2) In the ballot papers, the candidates are taken from the nominations in alphabetical order with the name of the surname, first name, official or functional title. (3) The voter has the name of the (4) The candidate who has received the most votes is chosen. If the number of votes is the same, the lot will decide.

Fourth Section
Election of representatives of non-permanent employees

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Section 31 Preparation and implementation of the election

(1) For the preparation and implementation of the election of the representatives of the non-permanent employees, § § 1 to 30 shall apply in accordance with the deviation, that the number of representatives of the non-permanent employees is exclusively from § 65 (1) of the The provisions on the protection of minorities (Article 17 (3) and (4) of the Law) do not apply to the representatives of the groups who are responsible for the protection of minorities, and the rules governing the protection of minorities. The electoral board must include at least one employee who is eligible under section 14 of the law. (2) If a group is elected and a group does not receive any representatives in the distribution of seats among the groups in accordance with the maximum payment procedure, then each member of the group shall be entitled to vote. electing members of that group eligible to vote by declaration to the head of the electoral process of another group.

Part two
Election of the county sperm council

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Section 32 Corresponding application of the rules governing the election of the Staff Council

§ § 1 to 30 apply in accordance with § § § 33 to 41 for the election of the District Spersonal Council. Unofficial table of contents

Section 33 Head of the election

(1) The District Electoral Board shall direct the election of the District Spersonal Council. The election in the individual departments is carried out by the local electoral board and by directives of the district electoral board. (2) The local electoral board gives the names of the members of the district electoral board and where appropriate, the replacement members and the official address of its chairman in the office by means of a curtain up to the end of the vote. Unofficial table of contents

Section 34 Determination of the number of persons employed, voters ' register

(1) The local election officials shall determine the number of persons employed in the services and their distribution among the groups and shall immediately inform the district electoral council of these figures in writing. (2) The preparation of the Voters ' lists and the treatment of objections is the task of the local electoral management. They shall immediately inform the District Electoral Committee in writing of the number of persons entitled to vote, separated by group membership. Within the groups, the proportions of the sexes are to be determined. Unofficial table of contents

Section 35 Determination of the number of district council members to be elected, the distribution of seats among the groups

(1) The district electoral board determines the number of members to be elected of the district council and the distribution of the seats among the groups. (2) If a divergent distribution of the members of the district council to the groups is not decided In the case of the distribution of the seats in accordance with Section 5 (2) to a group of fewer seats than is at least attributable to it pursuant to Section 53 (5) of the Act, it shall receive the number of seats as prescribed in Section 53 (5) of the Act. Unofficial table of contents

§ 36 Early election

The election of the district council should take place at the same time as possible with the election of the staff councils in the same district. Unofficial table of contents

Section 37 Election

(1) The District Electoral Board shall issue the Election Letter. (2) The local electoral board shall give the letter of ballot in the office of one or more suitable places accessible to the electorate by means of a material to be read in good legible condition until the date of the election. (3) The right to vote must be included in the vote
1.
the place and the day of his decree,
2.
the number of members of the district council to be elected, separated by groups,
2a.
Data on the shares of the sexes within the business unit, broken down by groups,
3.
information on whether the groups elect their representatives in separate ballots (group election) or have been elected before the vote of the elective elective,
4.
an indication that only employees who are entered in the voters ' register can choose,
4a.
the indication that the genders should be represented in the district council in accordance with the numerical ratio,
5.
the minimum number of persons entitled to vote, of which an election proposal must be signed, and the indication that each employee can be appointed only on a nomination,
5a.
the fact that the election proposal of a union represented in the division of the authority of the middle school must be signed by two representatives (Section 53 (3) in conjunction with Section 19 (9) of the Law),
6.
the request to submit nominations within eighteen calendar days following the date of the ballot letter at the district electoral committee, the last day of the submission of the election period,
7.
the fact that only election proposals submitted on time are taken into account and that only those who are included in such an election proposal can be elected,
8.
the day or days of the vote.
(4) The local electoral council shall supplement the election statement with the following information:
1.
an indication of where and when the voters ' register set up for the local service and this electoral system are to be considered;
2.
an indication that objections to the voters ' register can only be lodged in writing at the local electoral boards within six working days since its interpretation, and the final date of the opposition period must be disclosed,
3.
the place where the election proposals are announced,
4.
the place and the time of the vote,
5.
an indication of the possibility of a written vote, if appropriate on the arrangement of the written vote in accordance with section 19,
6.
the place and the time of the counting of votes,
7.
the place where objections and other declarations are to be made to the electoral council.
(5) The local electoral authority shall record the first and last day of the vote on the letter of the election. (6) The district electoral authority may, at any time, be able to rectify the apparent inaccuracies of the ballot letter. (7) With the remission of the electoral letter the election is initiated. Unofficial table of contents

Section 38 Announcements of the district electoral board

Notices in accordance with § § 11 and 13 shall be issued in the same way as the letter of election in the departments. Unofficial table of contents

Section 39 Meeting minutes

(1) The District Electoral Board shall produce a minutes over each meeting in which it has taken a decision. The minutes shall be signed by all the members of the district electoral board. (2) The minutes of the meetings in which decisions are taken on objections to the voters ' register shall be made by the local electoral board. Unofficial table of contents

§ 40 Voting, ballot paper

If the election of the district staff council takes place at the same time as the election of the staff councils, the same envelope can be used for the vote on both elections. Ballot papers of a different colour than for the election of the Staff Council shall be used for the election of the District Spersonal Council. Unofficial table of contents

Section 41 Determination and announcement of the results of the election

(1) The local electoral boards shall count the votes cast on each of the nominations, or, where the election of a person has taken place, the votes cast on the individual candidates. They shall produce a voting document pursuant to § 21. (2) The minutes shall be registered or sent by telex immediately after the election result has been established by the district electoral council. The documents for the election of the district council (§ 24), which have been produced by the office, are kept together with a copy of the minutes by the staff council. (3) The district electoral board counts immediately the one on each proposal list or, where a person's choice has taken place, the votes taken by each candidate and the outcome of the election. (4) As soon as the names of the candidates elected as members of the district council are determined, the applicant shall inform the District electoral council member of the local electoral council. The local electoral authorities announce them through two-week hillsides in the same way as the election outlining.

Part Three
Election of the Main Personality Council

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§ 42 Corresponding application of the regulations concerning the election of the district spersonal council

§ § 32 to 41 shall apply mutatily for the election of the main staff council, unless otherwise stated in § § 43 and 44. Unofficial table of contents

Section 43 Head of the election

The main electoral board is the head of the election of the main staff council. Unofficial table of contents

Section 44 Implementation of the election by district

(1) The chief electoral officer may commission the local electoral officers existing at the level of the authorities of the middle class or appointed for his/her request;
1.
to compile the numbers of the generally employed persons and their distribution to the groups, to be determined by the local electoral authorities in the area of the authority of the middle class,
2.
to establish the number of persons employed in the authority of the middle school, separated according to their group membership and within the groups according to the proportions of the sexes,
3.
to compile the results of the elections identified by the services in the field of the authority of the intermediate level,
4.
To forward notices of the main electoral board to the other local electoral board in the area of the middle-level authority.
In such cases, the electoral authorities of the central government authorities shall inform the other local electoral authorities in the area of the authority of the intermediate level that the information referred to in points 1 to 3 shall be sent to them. (2) Election officials at the authorities of the middle stage produce a record of the compilation of the election results (paragraph 1, first sentence, No. 3). (3) The electoral authorities at the authorities of the middle level immediately send the main election report to the main election Board in writing or by telex the constellations referred to in the first sentence of the first sentence of paragraph 1, and the A copy of the compilation of the results of the election (paragraph 2).

Fourth part
Election of the General Personality Council

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Section 45 Corresponding application of the rules governing the election of the Staff Council

§ § 32 to 41 apply accordingly for the election of the General Personality Council.

Fifth Part
Election of the youth and trainee representatives

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Section 46 Preparation and implementation of the choice of youth and trainee representation

(1) Articles 1 to 3, 6 to 25, 28, 30 and 31 (1) Sentence 2 shall apply in the preparation and implementation of the election of the youth and trainees ' representatives in accordance with the deviation that the number of youth and trainees to be elected shall be selected. The representatives of the persons to be formed exclusively from § 59 (1) of the Act and that the rules governing the choice of groups (Section 19 (2) of the Act), the protection of minorities (Article 17 (3) and (4) of the Act) and the summary of the candidates in the Nominations for groups (§ 8 para. 2 sentence 3) are not applicable. (2) Are several youth and To select the representative to be represented and the election has been carried out on the basis of a number of lists of proposals, the sums of votes falling on each proposal list shall be placed side by side and the series shall be replaced by 1, 2, 3 etc. shared. A seat is allocated to the highest number (maximum number) until all the seats (section 59 (1) of the law) are distributed. § 26 (1) sentence 3, para. 2 and 3 shall apply. (3) If several youth and trainee representatives are to be elected and the election has been carried out on the basis of an election proposal, the candidates shall be in the order of the highest in each case. the number of votes which have been dropped; in the case of a tied vote, the lot shall be decided. Unofficial table of contents

Section 47 Election of youth and trainee councils

(1) In accordance with § 64 (1) of the Act (district youth and trainee representation, main youth and trainee representation), § § 33 to 41, 43, 44 and 46 shall apply mutagentily for the election of the youth and trainees ' representative bodies. For employees in subordinated departments with generally fewer than five employees mentioned in § 57 of the Act, the district or main electoral council implements the election of the youth and trainees ' representative offices in the , no electoral authority shall be appointed; the district or main electoral council may order the written vote. In this case, the district or main electoral board has to send the persons referred to in § 57 of the law to the persons entitled to vote the documents referred to in § 17 (1). (2) For the election of the total youth and trainee representation in accordance with § 64 Paragraph 2 of the Act shall apply in accordance with paragraph 1 and section 46.

Sixth Part
Special administrative branches

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§ 48 Confidence man in the Federal Police

(1) If a secret ballot is to be made with ballot papers (Section 85 (2) (3) sentence 4 of the Law), the following procedure shall be followed:
The voting booth distributes undescribed ballot papers of the same colour and size. Each voter writes the name of a candidate on his ballot, folds the ballot so that the name is hidden, and passes it to the electoral presume. In the presence of the voter, the ballot paper shall unopen the ballot in a container intended for this purpose and keep the name of the voter in a list. The electoral body shall take steps to ensure that voters are able to describe their ballot in an unrespected manner. If the electoral officer has determined that the ballot is finished, he shall publicly count the votes immediately and without interruption and shall establish the result. (2) The candidate who will receive the most votes shall be elected to the vote of confidence. . The candidate with the second highest number of votes shall be the first substitute, who shall be elected as the second substitute by the third highest number of votes. If the number of votes is the same, the lot will decide. Unofficial table of contents

Section 49 Staff representative offices in the Federal Intelligence Service

For the Federal Intelligence Service, this electoral system shall apply with the following exceptions:
1.
The security regulations of the Federal Intelligence Service must be taken into account when drawing up the electoral documents. The notice published in the Federal Intelligence Service shall replace the notice by means of a notice. Notices must be available to employees for the duration of the periods specified in each of the regulations for inspection during the hours of service.
2.
§ 2 (3) is to be applied with the proviso that the employees are only allowed to consult the voters ' register of their group.
3.
If, pursuant to Section 17 (1) sentence 3, an imprint of the ballot letter is handed out or sent, it shall not contain the information provided for in Article 6 (2) (2) and (7).
4.
The employees of parts of a service which are physically located away from it shall give their votes in writing.
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§ 49a

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§ 50 Election of a staff representation in Germany by employees in federal services abroad

(1) The head or district electoral board may order the vote in writing for the election of the level representation by employees in the Federal Government's services abroad. The same applies to the election of an overall staff council. (2) § § 32 to 41 shall apply mutaly to the election of the staff council of the Federal Foreign Office by the employees referred to in § 91 (1) No. 3 sentence 1 of the law. (3) If the written vote is ordered in accordance with paragraph 1 or 2, the electoral officer shall have the persons entitled to vote in the form of the vote in question, in accordance with the provisions of the following: § 17 (1). Unofficial table of contents

Section 51 Minister of Confidence of the Local Forces
(Section 91 (2) of the Law)

(1) At the latest three weeks before the end of the term of office of the local forces ' confidence, the Staff Council shall appoint three local staff as the electoral board and appoint one of them as chairman. If the Board of Human Resources has not appointed the electoral board within the stipulated period, or if there is no staff council in the department, the head of the department shall appoint the electoral board. If local forces are not available or are not available in sufficient numbers to take over the electoral office, employees entitled to vote may be appointed. (2) The electoral council has to convene an assembly of local forces without delay. (3) If a secret ballot is to be made with ballot papers (Section 91 (2) sentence 2 of the Law), the following procedure shall be followed:
The voting booth distributes undescribed ballot papers of the same colour and size. Each voter writes the name of a candidate on his ballot, folds the ballot so that the name is hidden, and passes it to the electoral presume. In the presence of the voter, the ballot paper shall unopen the ballot in a container intended for this purpose and keep the name of the voter in a list. The electoral body shall take steps to ensure that voters are able to describe their ballot in an unrespected manner. If the electoral officer has determined that the electoral process has ended, he shall publicly count the votes immediately and without interruption and shall establish the result. (4) The candidate who will receive the most votes shall be elected to the vote of confidence. . The candidate with the second highest number of votes shall be the first substitute, who shall be elected as the second substitute by the third highest number of votes. If the number of votes is the same, the lot will decide.

Seventh Part
Final provisions

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Section 52 Calculation of time limits

For the purposes of calculating the time limits laid down in this Regulation, § § 186 to 193 of the Civil Code shall be applicable. Working days within the meaning of this electoral system are the days of the week Monday to Friday, with the exception of the public holidays. Unofficial table of contents

Section 53 Transitional regime

In the case of elections, the electoral management shall be carried out at the latest before the 1. The election regulations to the Federal Personalization Act are to be applied in the version valid up to 30 September 2005. Unofficial table of contents

Section 54 (Entry into force)

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