Electoral Regulations for the Presiding of the Courts

Unofficial table of contents

GerPräsWO

Date of completion: 19.09.1972

Full quote:

" Electoral Regulations for the Presidia of the Courts of 19 September 1972 (BGBl. 1821), as last amended by Article 209 (2) of the Law of 19 April 2006 (BGBl I). I p. 866).

Status:

Last amended by Art. 209 (2) G v. 19.4.2006 I 866

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.1972 + + +) 
(+ + + measures for beigetr.  five countries, see  GerPräsWO Annex EV, 
 the measures are no longer to be applied + + +) 

  

The V appears in the five countries that have joined the Union (Art. 1 (1) EinigVtr) gem. L. I chap. III Sachg. A Sect. III No. 2 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 927 with measures in force; in the part of the Land of Berlin, in which the Basic Law has not been applied until now, it is valid in accordance with the provisions of the German constitution. Sect. IV No 2 (a) EinigVtr without measures. Unofficial table of contents

Input formula

Pursuant to Section 21b (5) of the Law of the Court of Justice and § 10 (1) (1) of the Introductory Act to the Law of the Court of Justice, § 4 of the Administrative Court of Justice, Section 4 of the Financial Court order, § 6a of the German Court of Justice Act Labor Court Act, § 6 of the Social Court Act, § 47 of the Federal disciplinary code, § 36e of the German Patent Act and § § 97, 105 (1) of the Federal Act of Law, respectively in conjunction with Section 21b (5) of the German Federal Act on the Law of the Law of the Federal Republic of Germany Court Constitutional Law, all last amended by the law amending the designations of the judges and honorary judges and the presidential constitution of the courts of May 26, 1972 (Federal Law Gazer I p. 841), decrees the Federal Government with the consent of the Federal Council: Unofficial table of contents

§ 1 Electoral Council

(1) The electoral board shall ensure the proper conduct of the election of the members of the Presidium. It shall take its decisions with a majority of votes. (2) The electoral board shall consist of at least three eligible members of the General Court. The President-in-Office shall appoint the required number of members of the electoral board no later than two months before the end of the financial year in which an election takes place. It shall at the same time appoint an appropriate number of substitute members and shall determine the order in which they are placed upon the prevention or departure of members of the electoral board. (3) The President-in-Office shall give the names of the members and of the members of the Executive Board. Replacement members of the electoral board immediately known by means of a notice. Unofficial table of contents

§ 2 Electoral Directories

(1) The electoral board shall draw up a list of eligible voters and a list of the eligible members of the court. The lists shall be kept up to the date of election. (2) The list of eligible members of the Court of First Instance shall also include those members of the Bureau who are in each case due to the expiry of their term of office or by lot, provided that: (3) In the cases of Section 21b (4) sentence 3 and Section 21d (2) and (3) of the Law on the Constitutional Law, the electoral presumption has previously taken the draw of the expulsion of the Members of the Bureau. (4) The draw shall be open to the public. The date and place of the draw shall be announced by the electoral board immediately after the vote has been placed. (5) The Election Board shall make a copy of the draw, which shall be signed by all members of the electoral board. It must contain the result of the draw. Special events during the draw are to be noted in the minutes. Unofficial table of contents

§ 3 Election Day, election time, electoral area

The election is to take place at least two weeks before the end of the financial year. The electoral council determines a working day as election day, the election time and the electoral area. If there is a corresponding need, it can be determined that two successive working days and in a plurality of polling rooms are chosen. The election time must be at least two hours. Unofficial table of contents

§ 4 Elections

(1) At the latest one month before the election day, the electoral council shall announce by means of a notice of the election day:

1.

the list of persons entitled to vote and the list of eligible members of the court,

2.

the result of the draw pursuant to section 21b (4) sentence 3 and section 21d (2) and (3) of the Law on the Law of Justice,

3.

the election day, the election time and the polling place,

4.

the number of judges to be elected,

5.

the conditions under which a postal ballot may take place,

6.

the reference to the right of appeal referred to in paragraph 3.

If there are branches or foreign spruchbodies, the election announcements shall also be suspended there. (2) The first day of the expo shall be noted on the election announcements. (3) Any member of the court entitled to vote may be against the the accuracy of the voting lists shall be lodged in writing with the electoral code within one week since the date of their publication or notification of a change. The electoral management body shall decide on the opposition immediately and, if the objection is justified, correct the electoral registers. The decision of the electoral board shall be communicated in writing to the member of the court who has lodged the opposition. It must go to it no later than the day before the election. Unofficial table of contents

§ 5 Electoral Act

(1) The right to vote shall be exercised by issuing a ballot in an election envelope. (2) On the ballot paper the number of judges to be elected as well as the names of the electable judges shall be listed in alphabetical order. Not to be listed are the names of the judges who belong to the Bureau and whose term of office does not yet expire. (3) The voter gives his vote by crossing one or more names of judges on the ballot and by the ballot in the as a result of a closed ballot box. Unofficial table of contents

§ 6 Order in the electoral area

(1) The judges may be present in the polling room throughout the election period. (2) The electoral board shall take steps to ensure that the voter shall identify the ballot in the electoral room and place it in the electoral envelope. A ballot box shall be used for the purpose of recording the envelopes. Before the vote begins, the electoral body must state that the ballot box is empty, and close it. It must be set up in such a way that the envelopes laid down cannot be removed without the urn being opened. (3) As long as the polling station is open for voting, at least two members of the electoral board must be present in the polling room (4) ballot papers and ballot papers shall be handed out to the voter by the electoral head in the electoral area. Before the ballot box is inserted into the ballot box, a member of the electoral board shall determine whether the voter is registered in the voters ' register. Participation in the election 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 have the ballot box for the interim period. and to prevent the insertion or removal of ballot papers from being damaged without damaging 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 be persuaded that the closure is intact. (6) After the end of the election period only those persons entitled to vote may vote, who shall at that time in the electoral area. Next, the electoral presume declares the ballot for the end. Unofficial table of contents

§ 7 postal ballot

(1) The members of the court who are entitled to vote, who shall:

1.

are members of an external sprout body or branch of the court or have been assigned to another court for no more than three months,

2.

shall be prevented from voting in accordance with Section 5 (3) for any other reason, and shall indicate this in good time to the Electoral Council,

the electoral board shall forward a ballot and an election envelope and a major free-envelope, the address of the electoral board and the address of the member of the court entitled to vote and the words " Written Vote on the election of the Praesidium ". He shall also send a pre-printed statement to be issued by the voter, in which he assassures the electoral member state that he has personally marked the ballot. (2) In a special letter, it must be stated at the same time that the ballot paper must be received by the electoral board at the latest. (3) The voter shall give his/her vote by clicking on the , the ballot paper shall cross one or more names of judges and transmit the ballot in the closed ballot box using the free-envelope and apportioning of the pre-printed statement signed by him to the electoral board. The vote may take place before the election day. (4) During the election period, a member of the electoral board shall record the senders of the letters received by the electoral board in the voters ' register, take out the ballot papers and submit the letters to the ballot box. unopened to the ballot box. The pre-printed declarations shall be taken on the basis of the election documents. Letters received by the electoral board without the pre-printed declaration shall be taken with the ballot box contained therein and with a corresponding note from the electoral board on the electoral documents. Letters received after the end of the election period shall be taken unopened to the election documents, under the entry point. Unofficial table of contents

Section 8 Determination of the results of the election

(1) Immediately after the end of the election period, the electoral head shall establish the election result. The judges may be present in the determination of the election result. (2) The electoral council opens the ballot box and takes the ballot papers from the election envelopes contained in it. It shall examine its validity and shall then include the valid votes applicable to each eligible member of the Court of First Instance. (3) Invalidity shall be ballot papers,

1.

that are not cast in an election envelope,

2.

that are not issued by the electoral presume,

3.

from which the will of the voter does not give up without any doubt,

4.

which contain an addition or reservation.

(4) In the event of a tie between two or more eligible members of the court, the electoral board shall determine who shall be deemed to be elected and who, in the cases of Section 21c (2) of the Law of the Court of Justice, shall be the next-appointed person. bridged. Unofficial table of contents

§ 9 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 include:

1.

the number of ballots cast,

2.

the number of valid ballots,

3.

the number of invalid ballots,

4.

the reasons for the validity or invalidity of dubious ballot papers;

5.

an indication of how many votes are accounted for by each of the eligible judges,

6.

the names of the elected judges,

7.

the result of a possible draw pursuant to section 8 (4).

(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

§ 10 Notification of the elected judges

The electoral board shall immediately notify the members of the court elected to the Bureau in writing of their choice. Unofficial table of contents

Section 11 Announcement of the result of the election

The electoral management body shall immediately announce the result of the election by means of a notice. Unofficial table of contents

§ 12 Correction of the results of the election

The Electoral Council may, on its own account or on request, correct any apparent misgivings of the declared election result, in particular errors of writing and calculation. The corrigendum shall also be made known by means of a notice. Unofficial table of contents

Section 13Storage of electoral documents

The electoral documents (excercises, copies, ballot papers, letters of ballot, etc. received, etc.) shall be kept by the Bureau for at least four years; the time limit shall begin with the financial year following the election. Unofficial table of contents

§ 14 Post-election

If a re-election is to be carried out in the cases of Section 21c (2) of the Judith Constitutional Law, because no other person is present, the provisions of this Regulation shall apply mutamatters to the implementation of the re-election. Unofficial table of contents

§ 15

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§ 16

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Section 17 Entry into force

This Regulation shall enter into force on 1 January October 1972, in force.