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 Federal President by the Federal Assembly

Non-official table of contents

BPräsWahlG

Date of expend: 25.04.1959

Full quote:

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

:Last modified by Art. 1 G v. 12.7.2007 I 1326

For details, see the Notes

Footnote

(+ + + text evidence application: 3.7.1975 + + +)
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First Section
The Federal Assembly

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§ 1

The President of the Bundestag determines the place and time of the meeting of the Federal Assembly. Non-official table of contents

§ 2

(1) The Federal Government shall determine in good time how many members the individual Landtage to the Federal Assembly is to be to choose. 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 is aware of the number of members to be elected by each country in the Federal Law Gazans.(2) The Landtage shall immediately make the election. 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, it shall replace the Committee, which shall, in accordance with the Constitution, exercise the rights of the Landtag with regard to the Government until the new Landtag meets, 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 to which the country decaded remain unfilled.

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 Non-official table of contents

§ 3

The Federal Assembly can choose who is eligible to vote in the Bundestag. Non-official table of contents

§ 4

(1) The Landtag elects the members of the country after a proposal list. 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 be allocated, if there are more than one list of proposals, to the lists by the number of votes assigned to them 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 level. 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 declare in writing, within two days, whether to 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 a declaration before the expiry of the time limit set, the election shall be deemed to have been adopted at that date.(5) If a chosen person does not accept the election or if a member fails, the next unelected candidate shall enter 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. Non-official table of contents

§ 5

Each member of the Landtag and any candidate included in a proposal list can be completed within two days of Announcement of the election result to the President of the Landtag objection to the validity of the election. 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. Non-official table of contents

§ 6

If the election is made pursuant to § 2 para. 2 sentence 3 by a Landtag committee, § § 4 and 5 shall apply accordingly. Non-official 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 are not bound by orders and instructions.

Second section
Election of the Federal President

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§ 8

The President of the Bundestag chairs 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. Non-official table of contents

§ 9

(1) Electoral proposals for the election of the Federal President may be submitted by any member of the Federal Assembly to the President of the Federal Republic of Germany. Submit a written submission to the Bundestag. New election proposals may be tabled for the second and third ballots. The nominations may contain only the information required to describe the proposed nomination; the written consent form of the proposed proposal shall be attached.(2) The meeting of the meeting shall examine whether the nominations are in accordance with the legal requirements. The Federal Assembly decides on the rejection of an electoral proposal.(3) Selected by covert official ballot papers. Ballot papers, which are denominated in persons other than persons named in the approved nominations, are invalid.(4) The President of the Bundestag shall inform the elected person of the election and shall invite him to declare to him within two days whether he will accept the election. If the elected person does not give an explanation within that period, the election shall be deemed rejected.(5) The President of the Bundestag shall declare the Federal Assembly for an end after the elected person has accepted the election. Non-official table of contents

§ 10

The office of the Federal President begins with the expiry of the term of office of his predecessor, but not before the receipt of the Declaration of acceptance with the President of the Bundestag. Non-official table of contents

§ 11

The President of the Bundestag is responsible for the oath of the Federal President. name="BJNR002300959BJNG000300314 " />

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

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§ 14

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