Regulation on the election of the Equal Opportunities Officer and her deputy by female soldiers of the Federal Armed Forces (Equal Opportunity Ordinance for the election of Soldatinnen-SGleibWV)

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SGleibWV

Date of completion: 12.05.2005

Full quote:

" Equality Commission Election Regulation of 12 May 2005 (BGBl. I p. 1394), as defined by Article 2 of the Law of 6 September 2013 (BGBl. 3559).

Status:

Amended by Art. 2 G v. 6.9.2013 I 3559

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 6.2005 + + +) 

  

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On the basis of § 16 (12) of the Soldatinnen-und Soldatinnen-und Soldatinnen-gesetz of 27 December 2004 (BGBl. 3822), the Federal Ministry of Defence 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 soldiers regularly assumes the implementation of an election. The election for the offices shall take place in a common electoral procedure in separate ballots. It shall comply with the principles of general, direct, free, equal and secret ballot, in accordance with the following provisions. Unofficial table of contents

§ 2 (omitted)

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§ 3 Electoral entitlement

(1) Election day for the right to vote is the date of election. (2) The registration in the voters ' list according to § 8 is a prerequisite for the participation in the election. Unofficial table of contents

§ 4 (omitted)

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§ 5 Deadlines

The election must be completed no later than one week before the end of the current term of office of the Equal Opportunities Officer and her deputy.

Section 2
Preparation of the election

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§ 6 Order of the electoral board

(1) At the latest twelve weeks before the end of the term of office of the equal opportunity officer and her deputy, the office to which the equal opportunity representative and her deputy is to be assigned shall appoint an electoral board and shall transfer a Person holding the Presidency. The electoral board consists of three soldiers, who should as far as possible belong to the department, who are to be assigned to the equal opportunity commissioner and her deputy. He is supposed to belong to two female soldiers. At the same time, three replacement members are to be ordered, of which two are as possible as possible. If a member is prevented from participating in the electoral board, in particular by means of a move or a service, a appointed substitute member shall move forward; the order of the replacement members shall be determined beforehand by a lottery decision. The members of the electoral board shall, to the extent necessary, be exempted from their duties for the performance of the election. (2) The office shall assist the electoral board in the performance of its duties. In particular, the necessary documentation shall be made available and the necessary information shall be provided. For the preparation and execution of the election, the office has to make available the personnel, spatial and material equipment to the required extent. (3) The electoral board gives the surnames, first names, grades and The service of its members and of the substitute members immediately after his appointment, at the latest with the term of the ballot letter (§ 10), is known by means of a notice. Unofficial table of contents

Section 7 Tasks of the electoral board

(1) The electoral council prepares the election and carries out the election. In particular, it shall determine the day of election in agreement with the Head of Service, who shall be assigned the Equal Opportunities Officer and the Deputy Head of the Deputy. § 5 shall be taken into account in its determination. (2) The electoral council shall take its decisions with a majority of votes. He shall hold a copy of each sitting containing the text of the decisions taken and shall be signed by all the members. (3) For the conduct of the vote and the counting of the votes, the electoral board may be entitled to and order soldiers as election helpers. This applies in accordance with Section 6 (1) sentence 6. (4) During his term of office, the Electoral Council of the Federal Ministry of Defence shall advise the electoral directors in the treatment of legal and actual questions of doubt. Unofficial table of contents

§ 8 Voter List

(1) Services in which a military equality officer is elected shall draw up a list of names of the soldiers belonging to the electoral area and shall make them available to the electoral board. The list of names contains the degree of service, the surname, the first name or the first name and the service office of the soldiers. The department shall inform the electoral board without delay of any changes to be made before the election day. (2) The electoral board shall check the completeness of the list of names and the right to vote of the registered female soldiers, shall make this list as a list of voters, and shall be known at the latest at the time of the adoption of the ballot box (§ 10) until the ballot box has been completed by 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 lodge an objection in writing against the correctness of the voters ' list within two weeks since the ballot letter was issued by the electoral board. The objection shall be accompanied by a written justification. If the objection is directed against another person entitled to vote, it shall be informed by the electoral management body. (2) The electoral code shall immediately decide on an objection pursuant to paragraph 1. If the objection is justified, the electoral board has to rectify the voters ' list. In the case of the third sentence of the first sentence of paragraph 1, he shall immediately inform the persons concerned of the decision of the persons entitled to vote who have lodged the opposition. (3) After the expiry of the opposition period, the electoral Board shall re-examine the List of voters as to their completeness and carry out any necessary corrections. After that, the list of voters may be corrected or supplemented only in the event of writing errors, apparent inaccuracies, in the execution of objections filed in good time, or upon the entry or departure of an eligible person until the end of the vote. Unofficial table of contents

Section 10 Election

(1) At the latest ten weeks before the election day, the electoral board shall issue a ballot letter which shall be signed by at least two members of the electoral board. It must contain:

1.

the place and the day of his decree,

2.

the reference to the announcement of the electoral board in accordance with section 6 (3),

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 voters ' list in accordance with § 9 (1),

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 period) or to submit proposals (Article 11 (4)),

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.

an indication that each person entitled to vote has only one vote for each ballot,

11.

the election day and the place and time of the vote,

12.

an indication of the possibility of postal ballot and the need for timely access of the complete electoral documents (Article 17 (3), first sentence, No. 3) to the electoral code, indicating the duration of the time limit,

13.

where appropriate, the indication of the arrangement of the postal ballot or the arrangement of the electronic voting system instead of the personal vote in the polling room by means of ballot papers in accordance with section 14 (2),

14.

Place and time of the public meeting of the electoral board for the counting of votes and for 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 end of the ballot by means of a notice in all the departments participating in the election. Unofficial table of contents

§ 11 Application

(1) Any Soldatin who is eligible for the Soldatinnen-und Soldatinnen-und Soldatequality Act (Soldatinnen-und Soldatequality Act) can apply for the Office of the Equal Opportunity Officer or the Deputy. (2) The application must be made in writing, stating: The degree of service, surname, first name, office and place of work shall be carried out and shall be sent to the electoral board within two weeks of the date of the ballot. The application must clearly indicate whether the soldier is applying for the office of equal opportunity commissioner or for the office of deputy. (3) The applicant has to indicate whether she is a member of a staff representation or a confidante person (4) With her consent, a female soldier can be proposed for the office of equal opportunities officers or the deputy from the constituency of the electorate. The time limit referred to in the first sentence of paragraph 2 shall be complied with. Only one nomination may be signed for each ballot. The consent of the first sentence shall be submitted in writing at the same time as the election proposal has been submitted to the electoral code; it shall contain the information referred to in paragraphs 2 and 3. Unofficial table of contents

§ 12 Deadline for applications

(1) If no valid application for the Office of the Equal Opportunities Officer has been received after the expiry of the period laid down in § 11 (2) sentence 1, this must be announced immediately by the electoral committee in the same way as the election letter and a grace period of one 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 period of grace, the electoral body must announce, in the same way as the letter of the election, that the election or the election Ballot box, for which no application is available, does not take place and an order is made by the office of office. In this case, the office of the electoral board shall end with the announcement. Unofficial table of contents

Section 13 Disclosure of applications

After the end of the application period (§ 11 para. 2 sentence 1, § 12 para. 1 sentence 1 and 3), the electoral management body announcates the names from the valid applications in the same way as the electoral letter.

Section 3
Implementation of the election

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Section 14 Forms of voting

(1) Voting shall take place

1.

Personally in the polling room by means of ballot papers (§ 15),

2.

in the case of prevention by postal ballot (§ 17) or

3.

electronically under the conditions of § 19.

(2) By way of derogation from paragraph 1, the office of service to which the equal opportunity officer and her deputy is to be assigned may either exclusively vote in the postal ballot or instead of the personal vote in the electoral area by means of ballot papers. Order electronic voting. This arrangement may be limited to service units or downstream or associated departments. Unofficial table of contents

Section 15 Personal voting by means of ballot papers

(1) Each voter shall have one vote for each ballot. (2) The right to vote shall be exercised by issuing a ballot paper in the electoral area. A separate ballot paper shall be provided for each ballot. 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. (3) On the respective ballot, the candidates for the office of equal opportunity officers and the office of the deputy are in alphabetical order. Order by specifying the surname, first name, service level and service point. If there is only one application for a ballot, a Yes and a No field should be provided on the ballot paper below or in addition to the data on the person of the applicant. (4) In the case of a number of applications, the electorate identifies the person chosen by her. Tick the spot provided on the ballot paper. In the case referred to in the second sentence of paragraph 3, the vote shall be cast in favour of the only applicant by crossing the Yes field, the applicant's rejection shall be by crossing the No field. (5) ballot papers on which more than one person or no The person or more than one field (paragraph 3, sentence 2) has been crossed, is invalid. This shall also apply to ballot papers from which, for other reasons, the voter's will does not appear beyond doubt, which are provided with a special feature or which contain an addition or reservation. Unofficial table of contents

Section 16 Electoral procedure

(1) The electoral council shall take appropriate measures to ensure that the voters are able to label and fold the ballot papers in the electoral area unobserved. A separate ballot box shall be used for each ballot. Before the vote begins, the electoral presume checks that the ballot boxes are empty. He then closes it. The urns must be designed in such a way as to ensure that the secrecy of the ballot is preserved and that the ballots that have been inserted cannot be removed without the opening of the urn. (2) As long as the polling area is open for voting, at least two members of the electoral board shall be present in the electoral area. If election workers are appointed (Section 7 (3)), the presence of a member of the electoral board and of an election worker shall suffice. (3) The voter shall put the folded ballot in the ballot box for the ballot box for the election. appropriate ballot, after a member of the electoral board has examined her right to vote on the electoral roll list. The member of the electoral board remembers the vote in the voters ' list. (4) A voter, who is impaired as a result of a disability in the vote, can have a person of her trust, whose she wants to serve in the vote, with their consent, and shall announce this to the electoral head. Members of the electoral board, election assistants and persons who apply for the office of equal opportunity representatives or the deputy are not authorized to provide assistance. The assistance is limited to the performance of the voter's instructions for voting. The person of the trust is obliged to maintain the confidentiality of the knowledge acquired during the assistance. (5) If the electoral process is interrupted or the counting of votes is not carried out immediately after the end of the election, the To seal ballot boxes. In the reopening of the electoral process or in the removal of the ballot papers to the counting of votes, the electoral body has to convince itself that the sealing of the ballot box is unharbored. Unofficial table of contents

§ 17 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 marked the ballot paper or has been marked by a person of their trust under the conditions set out in Article 16 (4),

4.

a larger free-charge with the address of the electoral board, the name and address of the voter as the sender, and the words "postal ballot" and

5.

a leaflet on the way in which the postal ballot is chosen.

The electoral board shall record the handing out or transmission of the documents in the voters ' list. The ballot papers and the election envelopes must correspond to the requirements of § 15 para. 2 sentence 3 and 4. (2) In the case of a postal ballot ordered by the office (section 14 (2)), the documents referred to in paragraph 1 shall be accompanied by a (3) The voter shall give her vote in such a way that she/she shall not be entitled to vote in the voters ' list. (3)

1.

the ballot papers shall be marked in person and shall be placed in the appropriate ballot box,

2.

the preprinted declaration (first sentence of paragraph 1, point 3), stating the place and date, and

3.

the election envelopes and the signed declaration in the open-air envelope shall be closed and shall be sent to the electoral committee in good time and shall be handed over before the expiry of the period (section 10 (1) sentence 2 (11)).

Under the conditions laid down in Article 16 (4), the voter may allow the activities referred to in points 1 to 3 to be carried out by a person of their trust. (4) Voters who are employed abroad on election day shall be those referred to in paragraph 1. shall send unsolicited documents to the voters ' list in such a timely manner that the electoral documents shall be handed out to the persons entitled to vote on the spot no later than four weeks before the election day. . The position in which free envelopes can be submitted for official transport to Germany is to be announced on the spot together with the election letter, no later than four weeks before the election day. (5) The incoming election at the electoral committee Free envelopes are to be kept unopened and safe from the access of third parties. Unofficial table of contents

Section 18 Treatment of votes cast by means of postal ballot

(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 postal ballot is done properly, it shall record the electoral board in the voters ' list. Subsequently, the electoral head opens the ballot boxes, takes the folded ballots and places them unchecked in the ballot box provided for the respective ballot. (2) Free envelopes which are fixed after the end of the ballot box set for the vote. Time (Section 10 (1), second sentence, No. 11) will be received by the Electoral Council, shall be deemed to be delayed. Late free envelopes shall be delayed by the electoral head with a note on the date of receipt of the ballot papers. One month after the announcement of the election result, the free envelopes shall be unopened by the service if the election is not contested. Unofficial table of contents

§ 19 Electronic Election

The vote can also be made 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 sentence 3. To this end, a system approved and approved for elections is to be used. Unofficial table of contents

Section 20 Determination of the election result, election record

(1) immediately after the conclusion of the election, the electoral presume shall publicly count the votes. To do so, he opens the ballot boxes, takes the ballot papers and checks their validity. Ballot papers, on the validity of which the electoral board decides, because they give rise to doubts, must be provided with a serial number and must be kept separate from the other ballot papers in the election documents. Subsequently, the electoral head shall determine the result. (2) It shall be chosen who has received the most votes. In the event of a tie, the lot shall decide. The same shall apply to the election of the deputy. (3) The electoral board shall produce a record of the result which shall be signed by the members of the electoral board. The minutes must be kept separate after the ballot box

1.

the number of persons entitled to vote,

2.

the number of valid and invalid ballot papers issued,

3.

the number of votes that have been dropped on each application,

4.

The degree of service, surnames and first names of the elected Equal Opportunities Officer and the elected Deputy as well as

5.

particular incidents in the election or determination of the results of the election referred to in paragraph 1.

(4) The electoral board shall announce the result of the election results in the same manner as the election letter, and shall indicate the period of appeal in accordance with § 16f of the Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Unofficial table of contents

Section 21 Notification of the elected, acceptance of the election; termination of the office of the electoral board

(1) The electoral board shall inform the elected soldiers in writing immediately after the determination of the result of the election against receipt of receipt of their election. In the notification he shall draw attention to the provisions of paragraph 2. If the elected person does not declare a rejection of their choice within three working days of receipt of the notification, the election shall be deemed to have been accepted. If the elected Soldatin rejects the election within the time limit set out in sentence 3, or if she resigns from the election prior to the appointment by the office, the Soldatin with the next highest number of votes shall enter her position. (2) Is the chosen Soldatin A member of a staff representation, a person of trust or a person in her field of work shall have the choice, by way of derogation from the third sentence of paragraph 1, by means of an express declaration to the electoral board within the time limit of the , paragraph 1, sentence 3. The declaration of acceptance of the election shall only be effective if the elected Soldatin also has within that period a statement of the declaration by which it shall be the member of the Staff Committee or its function as a If the person has the effect of placing an order, or a copy of her request to the competent authority to release it from the referral of personnel matters with the effect of her order, he shall submit it. If the chosen soldier does not accept the election in the form of a form and on time, or if she resigns from the election prior to the appointment by the office, the Soldatin will be replaced by the next highest number of votes. (3) The office of the electoral board shall end with the appointment of the elected Equal Opportunities Officer and her deputy. If at this time the period of § 16f of the Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-gesetz has not expired yet, the term of office of the electoral board ends with the expiry of this period, unless the election is challenged in due time. In this case, the Office of the Electoral Board shall end with the final conclusion of the appeal proceedings. Unofficial table of contents

Section 22 Announcement of the elected

(1) As soon as the person appointed as an equal opportunity officer and as a deputy is permanently established, the electoral board shall announce its names by means of a two-week notice in the same manner as the election letter and shall inform the office of the office of office. (2) If, in the case of section 21 (1) sentence 4 or 2 sentence 3, there was no further applicant for the office of the equal opportunity officer or the deputy, the electoral board of the department shall immediately inform the office of the office of the office of the office of equal opportunity that the to appoint an equal opportunity officer or the deputy from the office of office on the grounds of: and is aware of this by means of a curtain. Unofficial table of contents

Section 23 Storage of electoral documents

The department shall keep the voting documents, in particular the minutes, notices and ballots, until the end of the period of validity (§ 16f paragraph 2 of the Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatinnen-gesetz), in the case of the electoral to the final conclusion of the appeal procedure. Ballot papers and voter lists shall be immediately destroyed after the expiry of the time limits set out in the first sentence.

Section 4
Transitional and final provisions

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§ 24 (omitted)

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Section 25 Special arrangements for intelligence services

In the case of the intelligence services, this election regulation is subject to the restriction that the security regulations in force there must be taken into account when drawing up the electoral documents. The announcements shall be made available to the soldiers in the manner customary in the intelligence services during the hours of service. Unofficial table of contents

Section 26 Entry into force

This Regulation shall enter into force on the first day of the calendar month following the announcement.