Electoral Regulations Severely Disabled representatives (SchwbVWO)

Unofficial table of contents

SchwbVWO

Date of completion: 22.07.1975

Full quote:

" Electoral Regulations of Severely Disabled Persons in the version of the Notice of 23 April 1990 (BGBl. 811), as defined by Article 54 of the Law of 19 June 2001 (BGBl I). 1046).

Status:	New by Bek. v. 23.4.1990 I 811,
	Amended by Art. 54 G v. 19.6.2001 I 1046

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 27.7.1975 + + +)
Heading: IdF d. Art. 54 N ° 1 G v. 19.6.2001 I 1046 mWv 1.7.2001 Unofficial table of contents

Content Summary

Part one
	Election of the representatives of the severely disabled in companies and services
First section
	Preparation of the election
§ 1		Appointment of the electoral board
§ 2		Duties of the electoral board
§ 3		List of eligible voters
§ 4		Objection to the list of persons entitled to vote
§ 5		Select Letter
§ 6		Nominations
§ 7		Grace period for election proposals
§ 8		Announcement of applicants and applicants
Second section
	Implementation of the election
§ 9		Voting
§ 10		Election
§ 11		Written vote
§ 12		Treatment of votes cast in writing
§ 13		Determination of the results of the election
§ 14		Notification of the elected and acceptance of the election
§ 15		Announcement of the elected
§ 16		Retention of electoral documents
§ 17		Re-election of the Deputy Member
Third Section
	Simplified electoral procedure
§ 18		Requirements
§ 19		Preparation of the election
§ 20		Implementation of the election
Section 21		Re-election of the Deputy Member
Part two
	Selection of group, total, county and main disabled representatives in companies and departments
Section 22		Electoral procedure
Part Three
	Election of the representatives of the severely disabled public prosecutors and public prosecutors for the severely disabled
Section 23		Electoral procedure
Fourth part
	Election of the representatives of the severely disabled, judges and judges of the severely disabled
§ 24		Preparation of the election of the judges and judges of the judges
Section 25		Implementation of the election
Section 26		Re-election of the Deputy Member
§ 27		Election of the district and main severely disabled representatives of the severely disabled judges and judges
Fifth Part
	Final provisions
§ 28		Berlin clause
§ 29		entry into force

Part one
Election of the representatives of the severely disabled in companies and services

First section
Preparation of the election

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§ 1 Order of the electoral board

(1) At the latest eight weeks before the end of its term of office, the representative of the severely disabled shall appoint an electoral board of three full-age employees in the establishment or the office of employment and one or one of them as chairperson or chairperson. (2) If there is no representation of the severely disabled in the establishment or service, the head of the electoral board and its chairman or chairperson in a meeting of the severely disabled persons and disabled persons treated as such shall be (voting rights). Three persons entitled to vote or the holding or staff council may invite to this Assembly. The right of the Integration Office to invite to such an assembly (Section 94 (6) sentence 4 of the Ninth Book Social Code) remains unaffected. Unofficial table of contents

§ 2 Tasks of the electoral board

(1) The electoral council prepares the election and carries out the election. He or she may appoint employed persons in the establishment or the office of employment as an elector or an elector in order to assist in carrying out the votes and counting the votes. (2) The decisions of the electoral board shall be taken with a simple majority of its members. A minutes shall be recorded at each meeting of the electoral board, which shall contain at least the text of the decisions taken. The minutes shall be signed by the chairman or the chairman and another member of the electoral board. (3) The electoral board shall immediately initiate the election; it shall be held within six weeks, but no later than one week. before the day when the term of office of the representatives of the severely disabled person takes place. (4) The electoral board decides, after discussion with the representative for the disabled, the operational or staff council and the employer, how many vice-chairmen Members of the representatives of the severely disabled persons in the establishment or the (5) The electoral board shall ensure that foreign persons entitled to vote in good time on the electoral procedure, the list of persons entitled to vote, the nominations, the electoral process and the vote in a suitable manner shall ensure that the election procedure is properly carried out. (6) The employer shall assist the electoral council in the performance of its duties. He shall give him, in particular, all the information necessary for the preparation of the list of persons entitled to vote, and shall make available the necessary documents. Unofficial table of contents

§ 3 List of eligible voters

(1) The electoral council shall draw up a list of persons entitled to vote. The persons entitled to vote shall be listed in alphabetical order with the surname, first name, date of birth, if necessary, as well as establishment or office. (2) The list of persons entitled to vote or a copy shall be immediately after To initiate the election until the end of the vote in an appropriate place for the purpose of viewing the vote. Unofficial table of contents

Section 4 Objection to the list of persons entitled to vote

(1) Any person who is entitled to vote or to the establishment or to the office of employment and who has a legitimate interest in a proper election can be credited with writing to the electoral board within two weeks of the date of the ballot of the election. Appeal against the correctness of the list of persons entitled to vote. (2) On objections under paragraph 1, the electoral committee shall decide immediately. If he considers the objection to be justified, he shall correct the list of persons entitled to vote. The person who has filed the opposition shall be informed immediately of the decision of the electoral board; the decision must be taken at the latest by the day before the vote begins. (3) After the expiry of the opposition period, the electoral board is to be held Review the list of eligible voters for their completeness. Moreover, after the expiry of the opposition period, the list of persons entitled to vote can only be made in the event of writing errors, obvious inaccuracies, in the execution of objections filed in good time or at the time of the admission or departure of a person entitled to vote until the day before the end of the period of opposition. shall be corrected or supplemented at the beginning of the vote. Unofficial table of contents

§ 5 Election

(1) At the latest six weeks before the election day, the electoral board shall issue a ballot letter to be signed by the chairman or the chairman and at least one other member of the electoral board. It must contain:

1.

the date of its adoption;

2.

the names of the members of the electoral board,

3.

Eligibility criteria for disabled representatives

4.

the indication of where and when the list of persons entitled to vote and this Regulation are to be taken into account,

5.

an indication that only who is entered in the list of persons entitled to vote and that objections to the correctness of the list of persons entitled to vote can only be elected before the expiry of two weeks from the date of the election of the electoral committee in writing; the last day of the period shall be indicated,

6.

the number of alternates to be elected,

7.

an indication that the representatives of the disabled and the deputy members are elected in two separate ballots and that the nominations must be made up of the representatives of the disabled and the representatives of the disabled and the representatives of the representatives of the disabled and the representatives of the representatives of the disabled is proposed,

8.

an indication that persons entitled to vote may sign both an election proposal for the election of the representative of the severely disabled and the election of the alternate member, and that an applicant or a candidate should be given both a nomination for the election of the deputy member and the candidate for election It can also be proposed as a substitute for disabled persons and as a substitute member,

9.

the request to submit nominations within two weeks of the date of the ballot letter at the electoral committee; the last day of the deadline shall be stated;

10.

the minimum number of persons entitled to vote, of which an election proposal must be signed (Article 6 (2), first sentence),

11.

the fact that the vote is tied to the nominations and that only those nominations which have been submitted on time (point 9) may be taken into account,

12.

the determination of the place where the nominations are made public until the vote is completed by means of a curtain or in any other appropriate manner;

13.

the place, day and time of the vote,

14.

the indication of the possibility of a written vote (Section 11 (1)) if the voting head did not decide to vote in writing (Section 11 (2)),

15.

the place and time of the counting of votes and the meeting of the electoral board, in which the outcome of the election is concluded,

16.

the place where objections, election proposals and other statements to the electoral board are to be made (address of the electoral board).

(2) A copy or a copy of the voter's letter shall be suspended from the electoral authority by the day of its adoption until the election day at one or more appropriate places accessible to the eligible voters and shall be kept in a legible state. Unofficial table of contents

Section 6 Electoral proposals

(1) The persons entitled to vote may submit written proposals to the Electoral Committee within two weeks since the ballot letter has been adopted. Applicants or candidates may be nominated as a severely disabled person and an applicant or a candidate as a substitute member. If the electoral board has decided to elect a number of deputy members, it is possible to appoint a corresponding number of candidates for the election. An applicant may be proposed both as a representative for the severely disabled and as a substitute member. (2) Each nomination must be of one twentieth of the eligible voters, but at least three persons entitled to vote signed. Family name, first name, date of birth, type of employment and, if necessary, establishment or service of the applicants must be indicated. The nomination shall be accompanied by the written consent of the candidates or candidates. (3) A person who acquires himself may be nominated only on an election proposal, unless it is in an election proposal as a severely disabled person and, in another nomination, appointed as alternate member. The electoral Board shall request a person who, with his written consent, is nominated for the same office on a number of nominations, to declare within three working days on which of the nominations the nomination shall be appointed. If this declaration is not made in due time, the applicant or the applicant shall be removed from all nominations. (4) The signature of a person entitled to vote counts only on an election proposal. The Electoral Boards shall require a person entitled to vote, who has signed several nominations, in writing, against receipt, to declare, within three working days of receipt of the request, the signature which he/she is maintaining. If the person entitled to vote does not give this declaration on time, his signature shall not count on any nomination. Unofficial table of contents

§ 7 Grace period for election proposals

(1) If, after the expiry of the period referred to in § 6 (1), no valid election proposal for the election of the severely disabled representatives has been received, the election board shall be notified immediately in the same way as the election letter and a grace period. of one week for the submission of election proposals. It should be pointed out in the notice that the election can only take place if at least one valid nomination is submitted within the grace period. (2) Going within the grace period valid nominations for the election of the In the case of disabled representatives, the electoral board shall immediately announce that the election does not take place. (3) The first sentence of paragraph 1 shall apply mutatily if the election of the alternates does not include a valid nomination or if the nomination of the deputy members is not valid. The number of candidates proposed for this office shall not be the number of candidates proposed by the The number of alternates agreed upon by the electoral board. Unofficial table of contents

§ 8 Announcement of applicants and applicants

At the latest one week before the vote begins, the electoral board shall make the names of the candidates from valid nominations in alphabetical order, separated by applications for the representatives of the severely disabled and as Member, until the end of the ballot is known in the same way as the voter's letter.

Second section
Implementation of the election

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Section 9 Voting

(1) Whoever is entitled to vote may cast his vote only for a person who is legally proposed as an applicant or applicant. (2) The right to vote shall be exercised by issuing a ballot in an election envelope. On the ballot paper are the persons applying for the office of the severely disabled and as a substitute member, separated in alphabetical order with the name of the surname, first name, date of birth and type of employment . The ballot papers must all have the same size, colour, texture and inscription. The same is true for the election envelopes. (3) If several deputy members are elected, the ballot paper shall contain an indication of how many applicants may be crossed in the maximum case. (4) In the case of voting, the vote will be taken. by tipping at the place provided for in the ballot, the person chosen by the electing person shall be marked for the office of the representative for the disabled and the office of deputising. If a number of alternate members are elected, applicants or applicants may be selected in the appropriate number. (5) ballot papers on which more than the number of applicants has been crossed or which have a number of candidates with a special feature or from which the will of the voter or the voter does not result without any doubt, are invalid. Unofficial table of contents

§ 10 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 the provision of a ballot box or a number of ballot boxes. The ballot box must be closed by the electoral board and set up in such a way as to ensure that the envelopes are not removed without opening the ballot box. (2) During the election, at least two members of the ballot box must always be elected. The electoral board shall be present in the polling station; if election assistants or election assistants are appointed (§ 2 para. 1 sentence 2), the presence of a member of the electoral board and of an election worker or an election worker shall suffice. (3) The voter or voter shall be handed over to the elector. the election envelope to which the ballot paper is placed, to which the ballot paper shall be submitted, Election envelopes shall issue a member of the electoral board, indicating the name of the voter or voter. The election envelope shall be cast in the ballot box in the presence of the voter or the voter, after the vote has been recorded in the list of persons entitled to vote. (4) Who is affected by his disability in the vote, shall be determined a person who is to assist him in the vote, and shall inform the electoral body accordingly. Persons applying to the election, members of the electoral board, and election workers and election assistants may not be designated as a person in accordance with the first sentence. The assistance shall be limited to the fulfilment of the voter's or voter's wishes; the person determined in accordance with the first sentence may, together with the voter or the voter, visit the electoral cell. The person determined in accordance with the first sentence shall be obliged to maintain the confidentiality of the knowledge acquired in the course of the assistance provided by the choice of another person. Sentences 1 to 4 shall apply mutatily to the reading of unblemished voters and voters. (5) At the end of the election, the ballot box shall be sealed if the vote count is not carried out immediately after the end of the election. Unofficial table of contents

Section 11 Written vote

(1) The electoral council shall hand over or send to the person entitled to vote, who are prevented from giving a personal vote, at their request.

1.

the electoral letter,

2.

the ballot paper and the ballot,

3.

a pre-printed statement by the voter or voter,

4.

a major free-charge, which bears the address of the electoral board and the sender name and address of the person entitled to vote, as well as the words "written vote".

In the declaration referred to in point 3, the voter or voter assures that he or she has personally identified the ballot paper or that he or she has a different person under the conditions set out in Section 10 (4). . In addition to the documents referred to in points 1 to 4, the Electoral Council shall send or hand over a leaflet on the written vote. He shall record the handover or transmission of the documents in the list of eligible voters. (2) The voting head may decide to vote in writing. In this case, the documents referred to in paragraph 1 shall be sent unsolicly to the electorate. (3) Voting shall be carried out in such a way as to ensure that the voter or voter is to be elected.

1.

the ballot paper is marked in person and put into the envelope of the ballot,

2.

underwrites the pre-printed declaration stating the place and date; and

3.

shall close the envelope and the signed, pre-printed declaration in the open-air envelope and send it to the electoral body in good time, or shall pass it in time for it to be available before the end of the election.

The voter or the voter may, under the conditions set out in Article 10 (4), allow the activities referred to in points 1 to 3 to be carried out by another person. Unofficial table of contents

Section 12 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 the election envelopes, as well as the pre-printed declarations, shall be taken. If the written vote is duly carried out (§ 11), the electoral authorities shall place the ballot in the ballot box in the list of persons entitled to vote unopened. (2) Delays in incoming free envelopes shall be carried out by the voting head. with a note on the date of receipt, to be taken unopened to the electoral documents. They shall be unopened one month after the announcement of the result of the election if the election is not contested. Unofficial table of contents

Section 13 Determination of the results of the election

(1) As soon as the election has been completed, the electoral board shall make public the counting of the votes and shall establish the result. (2) The candidate shall be elected or the alternate member of the office of the applicant for the severely disabled or the representative of the candidate shall be the candidate. Applicant, who has received the most votes. In the event of a tie, the lot shall be decided. (3) If several alternates are elected, the second alternate member of the candidate shall be elected or the second highest number of votes. The same applies to the election of other deputy members. The second sentence of paragraph 2 shall apply mutatily for the election and the order of alternate members. (4) The electoral board shall produce a minutes of the election result issued by the chairman or the chairman and at least one other member of the election. Election board is signed. The minutes must include the number of valid and invalid ballots issued, which include the number of votes cast on each applicant and each applicant, as well as the names of the candidates elected. Unofficial table of contents

Section 14 Notification of the elected and acceptance of the election

(1) The electoral board notifies the elected representative of the Office of the Disabled or as alternate member immediately in writing against receipt of the confirmation of their choice. If an elected person does not declare his/her rejection of the election within three working days of receipt of the notification, it shall be accepted. (2) If an election is rejected, the person who has refused to vote shall be replaced by the person who has refused to give the election. Applicants for the Office of the Disabled or as an alternate member with the next higher number of votes. The first sentence shall apply to the election of a number of alternate members, with the proviso that the candidate or the applicant will be able to follow the next higher number of votes. Unofficial table of contents

Section 15 Announcement of the elected

As soon as the names of the persons holding the Office of the Severely Disabled Person or the Deputy Member are finally established, the electoral board shall have a two-week notice in the same way as the electoral letter. (§ 5 para. 2) as well as immediately to inform the employer and the company or staff council. Unofficial table of contents

Section 16 Storage of electoral documents

The election documents, in particular the minutes, notices and ballot papers, shall be kept by the representatives of the severely disabled persons at least until the end of the parliamentary term. Unofficial table of contents

Section 17 Reelection of the Deputy Member

If the only alternate member or a substitute member has not yet been elected, the representative of the severely disabled person shall immediately appoint an electoral board. The electoral board shall immediately initiate the election of one or more alternates for the remainder of the term of office of the severely disabled representatives. In addition, § § 1 to 16 shall apply accordingly.

Third Section
Simplified electoral procedure

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§ 18 Conditions

If the holding or service is not made up of parts which are spatially separated and there are less than fifty persons entitled to vote there, the representatives of the severely disabled shall be represented in a simplified electoral procedure in accordance with the conditions laid down in the the following rules. Unofficial table of contents

Section 19 Preparation of the election

(1) At the latest three weeks before the end of its term of office, the representative of the severely disabled shall invite the persons entitled to vote by hanging or otherwise in a suitable manner to the election meeting. (2) If a person is in the establishment or the office of the office, a Disabled representatives do not exist, can invite three persons entitled to vote, the operational or staff council or the integration office to the election meeting. Unofficial table of contents

Section 20 Implementation of the election

(1) The election meeting shall be headed by a person who is elected by simple majority voting (election management). The election meeting can be used to support the election management. (2) The electoral assembly decides with a simple majority of votes as to how many deputy members are to be elected. The representatives of the severely disabled and one or more alternates shall be elected in separate ballots; a number of alternate members shall be elected in a common ballot. Any person who is entitled to vote may propose persons for the election of the representatives of the severely disabled and their deputy members. (3) The right to vote shall be exercised by issuing a ballot paper in an election envelope. On the ballot paper, the nominees must be listed in alphabetical order by the ballot board, specifying the surname and first name; the ballot papers and ballots must all be of the same size, colour, texture and appearance. Label. The ballot box distributes the ballot papers and makes provision for voters to be able to cast their votes unobserved; Section 9 (4) shall apply accordingly. The voter or the voter shall pass the ballot in which the ballot paper is placed, the electoral board. In the presence of the voter or the voter, the latter unopened the election envelope in a container intended for this purpose and holds the name of the voter or voter in a list. Immediately after the end of the electoral process, he shall publicly count the votes and shall establish the result. (4) § 13 (2) and (3) as well as § § 14 to 16 shall apply accordingly. Unofficial table of contents

Section 21 Reelection of the Deputy Member

If the only alternate member is not elected or a substitute member has not yet been elected, the severely disabled representative shall invite the persons entitled to vote immediately to the election meeting for the election of one or more alternates. Members. In addition, § § 18 to 20 apply accordingly.

Part two
Selection of group, total, county and main disabled representatives in companies and departments

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Section 22 Electoral procedures

(1) Group, total, county and main disabled representatives are elected by written vote (§ § 11, 12). Moreover, § 1 para. 1, § § 2 to 5, 7 to 10 and 13 to 17 are to be applied in a reasonable way. Section 1 (2) shall apply mutatily with the proviso that the persons entitled to vote may also agree in an otherwise appropriate manner on the appointment of an electoral board. § 6 shall apply mutatily with the proviso that, in the case of fewer than five persons entitled to vote, the signing of an election proposal by a person entitled to vote shall be sufficient. (2) In the case of only two persons entitled to vote, they shall determine by mutual agreement. by way of derogation from paragraph 1, the representation of the group, total, district or major disabled persons. If an agreement is not reached, the lot shall decide. (3) If a meeting is held in good time before the end of the term of office of the group, total, county or main disabled representation, according to § 97 (8) of the Ninth Book of Social Code , by way of derogation from paragraph 1, the election may be carried out within the framework of this Assembly. § 20 shall apply accordingly.

Part Three
Election of the representatives of the severely disabled public prosecutors and public prosecutors for the severely disabled

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Section 23 Electoral procedures

In the case of the election of the representatives of the severely disabled public prosecutors and the severely disabled public prosecutors in the cases of § 94 (1) sentence 3 of the ninth book of the Social Code, the rules of the First and second parts accordingly.

Fourth part
Election of the representatives of the severely disabled judges and judges of the severely disabled judges

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Section 24 Preparation of the election of the judges and judges of the judges

(1) At the latest eight weeks before the end of its term of office, the severely disabled judges ' representatives of the severely disabled judges shall invite the persons entitled to vote in writing or by means of a notice to an election meeting. The invitation shall contain the following information:

1.

Eligibility criteria for disabled representatives

2.

an indication of a summary of the courts for the purposes of the election,

3.

the indication of where and when the list of persons entitled to vote and this Regulation are to be taken into account,

4.

Place, day and time of the election meeting.

(2) If a severely disabled judge of the severely disabled judges is not present in the court, three judges and judges entitled to vote, the Judge Council or the Presidential Council, invite them to the Electoral Assembly. The right of the Integration Office to invite to such an assembly (Section 94 (6) sentence 4 of the Ninth Book Social Code) remains unaffected. Unofficial table of contents

Section 25 Implementation of the election

(1) The electoral assembly shall decide, under the chairmanship of the oldest or the oldest person entitled to vote, the electoral procedure and the number of deputy members of the representatives of the severely disabled persons. (2) The election shall be chaired by the elected office of the electorate. immediately notify the Commission of their choice. § 14 (1) sentence 2 and (2) as well as § § 15 and 16 shall apply accordingly. Unofficial table of contents

Section 26 Post-election of the Deputy Member

If the only deputy member leaves the office prematurely or if a substitute member has not yet been elected, the severely disabled judges of the severely disabled judges shall immediately invite the disabled judges to the election meeting. Election of one or more alternates for the remainder of their term of office. In addition, § § 24 and 25 apply accordingly. Unofficial table of contents

Section 27 Election of the district and main severely disabled representatives of the severely disabled judges and judges

§ § 24 to 26 apply accordingly for the election of the district and main severely disabled representatives of the severely disabled judges and judges.

Fifth Part
Final provisions

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§ 28 Berlin-clause

This regulation applies in accordance with Section 14 of the Third Transfer Act, in conjunction with Section 72 of the Law on the Disabled, also in the Land of Berlin. Unofficial table of contents

Section 29 (Entry into force)

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