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Law on the election of the Federal President by the Federal Assembly

Original Language Title: Gesetz über die Wahl des Bundespräsidenten durch die Bundesversammlung

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Law on the election of the Federal President by the Federal Assembly

Unofficial table of contents

BPräsWahlG

Date of completion: 25.04.1959

Full quote:

" Law on the election of the Federal President by the Federal Assembly in the revised version published in the Federal Law Gazette III, outline number 1100-1, the latest by Article 1 of the Law of 12 July 2007 (BGBl. I p. 1326).

Status: Last amended by Art. 1 G v. 12.7.2007 I 1326

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 3.7.1975 + + +) 

First section
The Federal Assembly

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§ 1

The President of the Bundestag shall determine the place and time of the meeting of the Federal Assembly. Unofficial table of contents

§ 2

(1) The Federal Government shall determine in good time how many members of the Federal Government have to elect the individual Landtage to the Federal Assembly. The statutory number of members of the Bundestag shall be based at the time of the decision-making by the Federal Government and the ratio of the last official population figures of the Länder. Foreigners (§ 2 para. 1 of the Residence Act) remain unaccounted for in the determination of the population. The Federal Government makes known the number of members to be elected by each country in the Bundesgesetzblatt (Federal Law Gazans). (2) The Landtage has to make the election immediately. If the date of publication of the notice referred to in the third sentence of paragraph 1 does not apply, or if the Landtag has not made the election any more before the end of its parliamentary term, the new Landtag shall elect its members. If the new Landtag can no longer make the election in good time, the Committee shall replace the Committee, which shall have the constitutional rights of the Landtag vis-à-vis the Government until the date of the meeting of the new Landtag, or a Landtag shall be replaced by the Landtag for the election of the members of the Federal Assembly. If a timely election does not materiate, the seats on the country shall remain unoccupied.

Footnote

§ 2 para. 2 sentence 2 italic print: now para. 1 sentence 4 gem. Art. 2 No. 2 G v. 24.6.1975 I 1593 Unofficial table of contents

§ 3

For the Federal Assembly, it is possible to choose who is elected to the Bundestag. Unofficial table of contents

§ 4

(1) The Landtag elects the members of the country after the list of proposals. In the election, the provisions of the Rules of Procedure of the Landtag shall apply accordingly. (2) Each Member shall have one vote. (3) The seats shall, if there are a number of lists of proposals, the lists according to the number of votes they have received in the Maximum payment method d' Hondt. The allocation of the last seat shall determine the lot to be drawn by the President of the Landtag at the same maximum figures. The seats will be assigned to the candidates in the order of their names on the proposal lists. If more seats are to be placed on a list, the seats shall be placed on the other lists in the order of the next maximum number. (4) The President of the Landtag shall invite the elected person to write in writing within two days. explain whether they accept the election. The elected members acquire the membership of the Federal Assembly with the receipt of the written declaration of acceptance with the President of the Landtag. If the person chosen does not give an explanation until the expiry of the time limit, the election shall be deemed to have been accepted at that time. (5) If a chosen person does not accept the election or if a member fails, the next non-elected candidate shall meet the same list of proposals. If the list of proposals has been exhausted, the seat shall be added to the list to which the next maximum number is deleted. The President of the Landtag meets the determination of who enters as a successor to the list. Paragraph 4 shall apply accordingly. (6) The President of the Landtag shall transmit the result of the election to the President of the Bundestag. Unofficial table of contents

§ 5

Any member of the Landtag and any candidate included in a list of proposals may object to the validity of the election to the President of the Landtag within two days of the announcement of the election result. The Landtag shall decide upon the objection immediately, but no later than one week before the meeting of the Federal Assembly. If no decision is taken by then, the Federal Assembly shall decide. The President of the Bundestag is preparing the decision of the Federal Assembly. Unofficial table of contents

§ 6

If the election is made by a Landtag committee pursuant to § 2 para. 2 sentence 3, § § 4 and 5 shall apply mutatily. Unofficial table of contents

§ 7

Articles 46, 47, 48 (2) of the Basic Law shall apply to the members of the Federal Assembly. The Bundestag shall be responsible for matters of immunity; the provisions adopted by the Bundestag or its competent committee in immunity matters shall apply accordingly. The members shall not be bound by orders and instructions.

Second section
Election of the Federal President

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§ 8

The President of the Bundestag shall head the meetings and business of the Federal Assembly. The Rules of Procedure of the Bundestag shall apply to their business activities in accordance with appropriate application, unless the Federal Assembly has its own rules of procedure. Unofficial table of contents

§ 9

(1) Electoral proposals for the election of the Federal President, any member of the Federal Assembly may submit to the President of the Bundestag in writing. New election proposals may be tabled for the second and third ballots. The nominations may contain only the information required to describe the proposed text; the written consent form of the proposed proposal must be attached. (2) The meeting's head of the session shall examine whether the nominations for election are subject to the legal requirements of the law. Requirements are met. The Federal Assembly decides on the rejection of an electoral proposal. (3) It is chosen with covert official ballot papers. Ballot papers, which are to persons other than persons named in the approved nominations, shall be invalid. (4) The President of the Bundestag shall inform the elected person of the election and shall invite him to declare him/her within two days whether he/she accepts the election. If the elected person does not give an explanation within this period, the election shall be deemed to have been rejected. (5) The President of the Bundestag shall declare the Federal Assembly to be terminated after the elected person has accepted the election. Unofficial table of contents

§ 10

The office of the Federal President shall begin with the expiry of the term of office of his predecessor, but not before the receipt of the declaration of acceptance by the President of the Bundestag. Unofficial table of contents

§ 11

The President of the Bundestag shall be responsible for the oath of the Federal President.

Third Section
Final provisions

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§ 12

The members of the Federal Assembly shall receive compensation, the amount of which shall be determined by the President of the Bundestag in the appropriate application of the provisions applicable to the members of the Bundestag. Unofficial table of contents

§ 13

(dropped) Unofficial table of contents

§ 14

This law shall enter into force on the day after it is announced.