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Regulation on the election of equal opportunity commissioners and their deputy in federal services

Original Language Title: Verordnung über die Wahl der Gleichstellungsbeauftragten und ihrer Stellvertreterin in Dienststellen des Bundes

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Ordinance on the election of equal opportunity officers and their deputy in federal services (Equal Opportunity Order-Electoral Regulations-GleibWV)

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GleibWV

Date of completion: 06.12.2001

Full quote:

" Gender Equality Act-Electoral Regulations of 6 December 2001 (BGBl. I p. 3374; 2002 I p. 2711)

Footnote

(+ + + Text certificate: 13.12.2001 + + +) 

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Input formula

On the basis of Section 16 (2) sentence 2 and Section 4 sentence 2 of the Federal Equality Act of 30 November 2001 (BGBl. I p. 3234), the Federal Government is responsible for:

Section 1
General provisions

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§ 1 procedural principles

The appointment of the equal opportunity commissioner and her deputy from the circle of female employees in the department is preceded by the implementation of an election. The election for the two offices shall be made in separate ballots in an electoral procedure. The election shall be in accordance with the principles of general, direct, free, equal and secret ballot, in accordance with the following provisions. Unofficial table of contents

§ 2 Electoral entitlement

(1) All female employees of the office are entitled to vote. This also applies to part-time workers and underage apprentices, as well as to women who are on leave of absence or who are seconded to another service. (2) In administrations with a number of small departments, which have a total of at least 100 employees on a regular basis (Section 16 (1) sentence 2 of the Federal Employment Equality Act), the female employees within the meaning of paragraph 1 are (3) In administrations with a large business area, which according to § 16 (1) sentence 3 of the Federal Equal Opportunities Act (Bundesequality Act), the possibility of using the make it possible to choose not to have its own equal opportunity commissioner in individual departments, (4) In order to take part in the election, the registration in the list of voters is subject to § 8 of the voters ' list. Unofficial table of contents

§ 3 Selectability

All female employees of the office are eligible for the Office of the Equal Opportunities Officer and the Deputy. Excluded are employees who have been on leave of leave for more than three months from the election day or are seconded to another service. Unofficial table of contents

§ 4 Deadline for the election

The election must be completed by one week before the end of the current term of office of the Equal Opportunities Officer and her deputy. In the case of Section 16 (7) of the Federal Employment Equality Act, the election must be carried out immediately after the early departure or the determination of the not only temporary prevention of the equal opportunity officer or the deputy and will be completed. Unofficial table of contents

§ 5 Forms of voting for election

(1) For the election, the personal vote in the electoral area or in the event of a prevention of the written vote (postal ballot) or in the presence of the requirements of § 18 is possible to vote in electronic form (electronic choice). (2) The By way of derogation from paragraph 1, the office of service may order only the postal ballot or the electronic choice. This arrangement may be limited to service parts. (3) In the postal ballot and in the electronic election, Election Day is the day on which the election is completed.

Section 2
Preparation of the election

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§ 6 Order of the electoral board

The office appoints an electoral board of three full-year employees and presides over a person. At least two women are to be members of the electoral presume. At the same time, three replacement members must be ordered. The office supports the work of the electoral board. Unofficial table of contents

Section 7 Tasks of the electoral board

The electoral head prepares the election and carries it through. Its decisions shall be taken by a majority of votes. It shall adopt, at each meeting, a record containing the text of the decisions taken and shall be signed by two Members. In order to carry out the vote and to count the votes, he may appoint employees of the department as election workers. Unofficial table of contents

§ 8 Voter List

The service office establishes a list of names (family name and first name, in the case of name equality also unit of work and function) of the female employees within the meaning of § 2. The electoral board shall check the completeness of the list of names and the right to vote of registered female employees, establish this list as a list of voters and shall indicate them at the latest at the time of the adoption of the ballot letter until the date of the election of the on election day by means of a notice in all the departments participating in the election. Unofficial table of contents

§ 9 objection to the voters ' list

(1) Each person entitled to vote may appeal against the correctness of the voters 'list in writing within two weeks since the ballot has been issued by the electoral board. (2) The electoral board shall immediately decide on objections concerning the validity of the voters' list of voters. Paragraph 1 and shall correct the voters ' list if the objection is justified. He shall immediately notify the decision of the persons entitled to vote who have lodged the opposition. The decision must be taken at the latest two weeks before the election day. (3) After the expiry of the opposition period, the electoral board is to review the voters ' list again for their completeness. In addition, this list can only be made after an expired opposition period in the case of writing errors, obvious inaccuracies, in case of objections filed in good time or at the time of the entry or departure of a person entitled to vote until the end of the vote shall be corrected or supplemented. Unofficial table of contents

Section 10 Election

(1) At the latest six weeks before the election day, the electoral board shall issue a ballot letter, which shall sign at least two members of the electoral board. It must contain:
1.
the place and the day of his decree,
2.
the names and addresses of the members of the electoral board, including the substitute members,
3.
the indication where objections, applications and other declarations are to be submitted to the electoral council,
4.
the references to voter eligibility and eligibility, as well as the importance of the voters ' list,
5.
The place and date of the announcement of the voters ' list,
6.
Indication of the last day of the deadline for objections to the voter's list of voters,
7.
the request to apply for the Office of the Equal Opportunities Officer or the Deputy within two weeks after the date of the ballot letter (indication of the last day of the deadline),
8.
an indication that the Equal Opportunity Officer and her deputy are elected in separate ballots and that applications must be made as to whether these are for the Office of the Equal Opportunities Officer or that of the Deputy,
9.
the place where the valid applications are made known by means of a curtain until the end of the election,
10.
the indications that each person entitled to vote has only one vote for each ballot and that the vote is tied to the timely applications,
11.
the election day and the place and time of the personal vote,
12.
an indication of the possibility of voting in writing (postal ballot) and on the timely access of the complete voting documents (section 16 (3) sentence 1 no. 3) to the electoral management body (indication of the deadline),
13.
where appropriate, an indication of the order of the postal ballot or of the electronic election by the service provided for in Article 5 (2),
14.
Place and time of the public meeting of the electoral board for the counting of votes and the final determination of the election result.
(2) The electoral authority shall announce the right to vote from the day of its adoption until the election day by means of a notice in all the departments participating in the election. Unofficial table of contents

§ 11 Application

Every female employee of the department, who is eligible for the office according to § 3, can apply for the office of the Equal Opportunities Officer or the Deputy. The application must be made in writing with the name of the surname, first name, unit of work, function, office and, where applicable, a place of service, and must be submitted to the electoral board within two weeks since the ballot letter was issued. The application must also indicate whether the applicant is a member of a staff committee or is involved in personnel matters in her field of work. Unofficial table of contents

§ 12 Deadline for applications

(1) If, after the expiry of the period of § 11, no valid application for the Office of the Equal Opportunities Officer has been received, this must be announced immediately by the electoral committee in the same way as the election letter and a grace period of one Set the week for the submission of applications. In the announcement, it should be pointed out that the choice of equal opportunity commissioner can only take place if at least one valid application is submitted within the grace period. The first and second sentences are valid for the election of the deputy. (2) If a valid application is not accepted within the grace period, the electoral body must announce that the election or the ballot for which no application is available will not be accepted. and an order is made by the office of office (§ 16 para. 2 sentence 3 and section 4 sentence 3 of the Federal Employment Equality Act). Unofficial table of contents

Section 13 Disclosure of applications

After the end of the application period (§ 11, § 12 (1)), the electoral management body shall immediately disclose the names of the valid applications in the same way as the election letter.

Section 3
Implementation of the election

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Section 14 Personal voting in the electoral area

(1) Each voter has only one vote for each ballot. (2) The right to vote is exercised by submitting a ballot paper in an election envelope. For each ballot, a separate ballot paper shall be provided and a separate ballot shall be provided. On the ballot paper, the candidates for the Office of the Equal Opportunity Officer must be listed in alphabetical order, specifying family names and first names, as well as the unit of work, function as well as the office and the place of work. This also applies to the Office of the Deputy. If there is only one application for a ballot, a Yes and a No field shall be provided on the ballot paper below or in addition to the information on the person of the applicant. The ballot papers for a ballot must all have the same size, colour, texture and inscription. However, they must be clearly distinguished from those of the other ballot in the colour. The same applies to the election envelopes. (3) In the case of a number of applications, the electorate shall mark the person chosen by her by crossing at the place provided for this on the ballot. In the case referred to in the fifth sentence of paragraph 2, the vote shall be cast in favour of the only applicant by crossing the 'yes' field, and the applicant shall be rejected by crossing the 'no' field. (4) ballot papers on which more than one person or more than one person shall be a box (paragraph 2, sentence 5) is crossed or where, for other reasons, the voter's will is not unquestionable, or which is provided with a special feature, or contains an addition or reservation, is invalid. This also applies to ballot papers that have not been cast in an election envelope. Unofficial table of contents

§ 15 Electoral procedure

(1) The electoral council shall take appropriate measures for the unobased identification of the ballot papers in the electoral area and shall ensure, for each ballot, the provision of one or more closed ballot boxes set up in such a way as to ensure that the ballot papers are provided with a (2) As long as the polling area is open for voting, at least two members of the ballot box must be able to Election board members are present in the electoral area; are election assistants appointed (§ 7, sentence 3), suffices the presence of a member of the electoral board and an election worker. (3) The voter throws the election envelopes into which the respective ballot papers are inserted into the ballot box for the corresponding ballot box. Ballot after a member of the electoral board has examined her right to vote on the basis of the entry to the voters ' list. The member of the electoral board remembers the vote in the voters ' list. (4) A voter who is impaired as a result of her disability in the vote is determined by a person of her trust, who will serve her in the vote. , and shall announce this to the Electoral Council. Members of the electoral board, election assistants and persons who apply for the office of equal opportunity officers or the deputy are not allowed to be used for assistance. The aid has to be limited to the fulfilment of the voter's wishes for the vote. The person of their trust may also visit the electoral cell together with the voter. (5) If the electoral process is interrupted or the counting of votes is not carried out immediately after the conclusion of the election, the ballot boxes shall be held for so long. seal. Unofficial table of contents

Section 16 Written vote (postal ballot)

(1) A person entitled to vote, who is prevented from giving a personal vote, shall be handed over or sent on request by the electoral office.
1.
the electoral letter,
2.
the ballot papers and the ballot envelopes,
3.
a pre-printed statement to be issued by the electorate to the electoral body that it has personally identified the ballot papers or has been marked by a person of their trust under the conditions set out in Article 15 (4),
4.
a major free-charge with the address of the electoral board, the name and address of the voter as the sender, and the words "written vote",
5.
a factsheet on the manner in which the written vote is submitted.
(2) In the case of a written vote (§ 5 (2)) ordered by the office, the documents referred to in paragraph 1 shall be accompanied by a written vote (2). (3) The voter shall give her vote in the manner that she/she shall be entitled to vote in the voters ' list. (3) The voters shall vote in such a way that they shall not be held responsible for the election of the electorate.
1.
the ballot papers shall be marked in a personal way and shall be included in the corresponding envelope,
2.
underwrites the pre-printed declaration stating the place and date; and
3.
the envelopes and the signed, pre-printed declaration in the open-air envelope shall be closed and shall be sent to the electoral committee in good time, or shall be handed over to the electoral committee in good time (section 10 (1) (12)).
Under the conditions laid down in Article 15 (4), the voter may allow the activities referred to in points 1 to 3 to be carried out by a person of their trust. Unofficial table of contents

Section 17 Treatment of the votes cast in writing

(1) Immediately before the end of the election, the electoral board shall open, in a public meeting, the free envelopes received up to that date, and take out the electoral envelopes and the pre-printed declarations. If the written vote is duly completed, the electoral board shall unopen the election envelopes in the voters ' list after endorsement of the ballot in the ballot box scheduled for the ballot in question. (2) Late in-depth free-envelopes the head of the election shall, by means of a note on the date of receipt, leave unopened to the electoral documents. They shall be left unopened from the office one month after the announcement of the result of the election if the election is not contested. Unofficial table of contents

§ 18 Electronic Election

The vote may also be carried out in electronic form. In doing so, the technical and organisational procedures must be regulated in such a way as to ensure compliance with the procedural principles laid down in § 1. To this end, a system approved and approved for elections is to be used. Unofficial table of contents

Section 19 Determination of the results of the election

(1) As soon as the election has been concluded, the Electoral Committee shall make public the counting of the votes and shall establish the result. As an equal opportunity commissioner, it is elected who has received the most votes. In the event of a tie, the lot shall decide. In the case of § 14 para. 2 sentence 5, the applicant is elected if she has received more yes-than no-votes. The same shall also apply to the deputy. (2) The electoral council shall make a record of the result. The minutes must be separated after the ballot, the number of valid and invalid ballots cast, the number of votes that have been dropped on each application, and the name of the elected equal opportunity representative and the elected deputy . Unofficial table of contents

§ 20 Notification of the elected and acceptance of the election

(1) The Electoral Council shall inform the Equal Opportunity Officer and the elected as Deputy elected immediately in writing against receipt of the acknowledgement of their choice. If the elected person does not declare the rejection of their choice within three working days of receipt of the notification, it shall be deemed to have been accepted. (2) If the elected member is in a staff representation or in her working area, the In derogation from the second sentence of paragraph 1, it has to accept the election by express declaration to the electoral board within the time limit laid down in the second sentence of paragraph 1. The declaration of acceptance of the election shall be effective only if, within the period laid down in the second sentence of paragraph 1, the elected electoral board shall also make a statement of the declaration by which it shall become a member of the Staff Committee, with the effect of its or a copy of its request to the administration to release it from the referral of personnel matters with the effect of its order. The electoral management body shall draw the attention of the elected representatives, together with the notification of their choice, to the obligations laid down in sentences 1 and 2 and the consequences of non-compliance in accordance with the second and second sentences of the first subparagraph; the time limits set out in sentences 1 and 2 shall begin with: (3) If, in the case referred to in paragraph 1, the elected person has the choice of choice, or if it does not explicitly accept them in the cases referred to in the first sentence of paragraph 2 above and in accordance with the right of time and form, the person with the next highest number of votes shall replace the person with the next highest number of votes. Unofficial table of contents

Section 21 Announcement of the elected

(1) As soon as the names of the elected as equal opportunity officer and as deputy elected are finally established, the electoral board shall announce it by means of a two-week notice and notify it to the office of service. (2) In the case of section 20 (3) for the The Office of the Equal Opportunity Officer or the Deputy Head of the Office shall immediately inform the Office of the Election Officer in writing that the Equal Opportunities Officer or the Deputy Head of the Office pursuant to Section 16 of the (2) sentence 3 or 4 sentence 3 of the Federal Employment Equality Act (Bundesequality Act) , and is aware of this by means of a notice. Unofficial table of contents

Section 22 Storage of electoral documents

The office of service shall keep the voting documents, in particular the minutes, notices and ballots, at least until the end of the election period (Section 16 (6) of the Federal Employment Equality Act), in the case of the Wahlanfeeding at least until the final decision of the court or of a final decision.

Section 4
Transitional and final provisions

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Section 23 Transitional periods for the election

(1) In the event of the first appointment of an equal opportunity officer or her deputy, the election must be made within four months of the entry into force of this Regulation, otherwise within four months of the existence of the conditions of § 16 (2) Paragraph 1 shall apply accordingly to the election of the successor of a women's representative whose term of office is subject to the entry into force of the Federal Employment Equality Act, in accordance with § 15 (6) of the Women's Promotion Act had been extended. Unofficial table of contents

Section 24 Special arrangements for the Federal Intelligence Service

The Federal Intelligence Service (Bundesnachrichtendienst) is subject to this electoral regulation with the restriction that the security regulations in force there must be taken into account when drawing up the electoral documents. The notices shall be made available to the employees in the manner customary in the Federal Intelligence Service during the service hours. Unofficial table of contents

Section 25 Entry into force, external force

This Regulation shall enter into force on the day after the date of delivery.