Law On The Election Of The 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 President by the Federal Assembly BPräsWahlG Ausfertigung date: 25.04.1959 full quotation: "law on the election of the President by the Federal Assembly in the in the Federal Law Gazette Part III, outline number 1100-1, adjusted version published recently by article 1 of the law of July 12, 2007 (BGBl. I p. 1326) has been changed" stand: last amended by art. 1 G v. 12.7.2007 I 1326 more to the stand number found in the menu see remarks footnote (+++ text detection from validity) : 3.7.1975 +++) first section the Federal Assembly § 1 the President of the Bundestag determines the place and time of the if of the Federal Assembly.

Section 2 (1) in time the Federal Government determines how much members have to choose the individual parliaments of the Federal Assembly. The legal number of members of the Bundestag at the time of the decision of the Federal Government and the relationship of the last official population figures of the countries are to be based. Foreigners (§ 2 para 1 of the residence Act) are not considered when calculating the population figures. The Federal Government makes known the number of members to be elected by the individual State parliaments in the Federal Law Gazette.
(2) the provincial assemblies have the choice to carry out without delay. No Parliament exists clause 3 on the day of the notice referred to in paragraph 1 or a Parliament before the end of its parliamentary term no longer made the election, the new Parliament elects the members. The new Parliament can in time make the choice, so the Committee who constitutionally shall exercise the rights of the Parliament to the Government until the meeting of the new Parliament, or a Committee of the Parliament for the election of the members of the Federal Assembly takes his place. A timely choice is reached, the seats attributable to the country remain unfilled.
Footnote § 2 para 2 sentence 2 italic: now paragraph 1 sentence 4 Pursuant article 2 No. 2 G v. 24.6.1975 I 1593 § 3 to the Federal Assembly is available, who is eligible to the Bundestag.

The diet elects the members attributable to the country after proposal lists section 4 (1). In the election, the provisions of the rules of procedure of the Parliament are apply mutatis mutandis.
(2) every Member has one vote.
(3) the seats are, if there are multiple proposal lists, the list is allocated according to the number of fallen to them votes in the maximum procedure d'Hondt. The lot by the President of the Parliament-to-grow decides the allotment of the last seat at the same quota. The seats are allocated to candidates in the order of their names on the lists of the proposal. More seats as candidates are named, accounted for a list so go over the seats in the order of the next quota on the other lists.
(4) the President of the Parliament calls on the elected, to declare whether they accept the choice in writing within two days. The selected purchase membership in the Federal Assembly with the receipt of the written declaration of acceptance to the President of the Landtag. The selected makes no statement the time limit until the end, the election is deemed adopted at this time.
(5) a selected does not accept the choice or a member retires, so the next unelected candidates of the same proposal list occurs. The list is exhausted, so the seat on the list passes, on which the next number is omitted. The President of the Parliament meets determining who occurs as successor to lists. Paragraph 4 shall apply mutatis mutandis.
(6) the President of the Parliament sent the outcome of the election the President of the Bundestag.

Article 5 each Member of the Landtag and every candidate that is recorded in a list may raise objections against the validity of the election within two days after the announcement of the election results to the President of the Landtag. The Parliament decides on the opposition without delay, but no later than one week before the meeting of the Federal Assembly. Has been made up to that time no decision, so the Federal Assembly decides. The President of the Bundestag prepares the decision of the Federal Assembly.

§ 6 is made the choice after § 2 paragraph 2 sentence 3 by a Parliament Committee, shall apply articles 4 and 5 in accordance with.

Articles of 46, 47, 48 para 2 of the Basic Law find § 7 application to the members of the Federal Assembly. The Bundestag responsible for immunity matters; the rules adopted by the Bundestag or its competent Committee in matters of immunity shall apply mutatis mutandis. The members are not bound by orders and instructions.
Second section § 8 presidential election, the President of the Bundestag is the meetings and transactions of the Federal Assembly. On the course of their business, the rules of procedure of the Bundestag finds proper application, provided that is not the Federal Assembly has its own rules of procedure.

§ 9 (1) nominations for the May presidential election, each Member of the Federal Assembly to the President of the Bundestag submitted in writing. New election proposals can be tabled for the second and third round. The election proposals must contain only the information required for the title of the proposal; the written consent of the proposal is to be attached.
(2) the meeting Board determines whether the election proposals comply with the statutory requirements. The Federal Assembly decides on the rejection of the election proposal.
(3) is with covert official ballots. Ballot papers denominated in other persons named in the approved proposals, are invalid.
(4) the President of the Bundestag informs the selected choice and asks him to explain whether he accepts the choice him within two days. The selected makes no statement within this period, the election is deemed rejected.
(5) the President of the Bundestag explains the Federal Assembly ended, after the elected has accepted the choice.

§ Begins 10-the Office of the Federal President upon the expiration of the term of his predecessor, but not before receipt of the Declaration of acceptance of the President of the Bundestag.

11. the President of the Bundestag led the oath of the President of §.
Third section concluding provisions § 12 of the Federal Assembly members receive an allowance, the amount of which the President of the Bundestag under by analogy with the provisions applicable to the members of the Bundestag sets.

§ 13 (dropped out) § 14 this law into force on the day following its promulgation.