What is an invalid law

Section 39 - Federal Election Act (BWahlG n.a.Abk.)

revised by B. v. 07/23/1993 Federal Law Gazette I pp. 1288, 1594; last amended by Article 1 G. v. November 14, 2020 Federal Law Gazette I p. 2395
Valid from July 3rd, 1975; FNA: 111-1 suffrage
29 earlier versions | is quoted in 156 regulations

Sixth Section Determination of the election result

Section 39 Invalid votes, rejection of voting letters, rules of interpretation


Section 39 has 1 earlier version and is cited in 6 provisions


(1) Votes are invalid if the voting slip


1.
is not officially established,

2.
contains no marking,

3.
is valid for another constituency,

4.
does not show the will of the voter beyond doubt,

5.
contains an addition or reservation.

In the cases of numbers 1 and 2, both votes are invalid; in the case of number 3, only the first vote is invalid if the ballot is valid for another constituency in the same country. In the case of postal voting, both votes are also invalid if the ballot has not been submitted in an official ballot envelope or in a ballot envelope that obviously differs from the others in a way that endangers voting secrecy or contains a clearly tangible object, but a rejection according to paragraph 4 No. 7 or 8 has not occurred. If the voting slip contains only one vote, the vote not cast is invalid.

(2) Several ballot papers contained in a ballot envelope are considered to be one ballot paper if they have the same name or if only one of them is marked; otherwise they count as one ballot with two invalid votes.


(3) If the ballot envelope is empty, both votes are considered invalid.


(4) In the case of postal voting, ballot letters are to be rejected if


1.
the ballot letter was not received on time,

2.
no or no valid ballot paper is enclosed with the ballot envelope,

3.
no ballot envelope is enclosed with the ballot envelope,

4.
neither the ballot envelope nor the ballot envelope is sealed,

5.
the ballot envelope contains several ballot envelopes, but not an equal number of valid ballot papers with the required affirmation in lieu of an oath,

6.
the voter or the auxiliary person has not signed the prescribed affirmation in lieu of an oath for postal voting on the ballot paper,

7.
no official ballot envelope has been used,

8.
a ballot envelope has been used which obviously differs from the others in a way that endangers voting secrecy or which contains a clearly tangible object.

The senders of rejected ballot letters are not counted as voters; their votes are considered not to have been cast.

(5) The votes of a voter who participated in the postal vote are not invalid if he dies before or on the election day or if he loses his right to vote in accordance with Section 13.



Text in the wording of Article 1 of the Law on the Amendment of the Right to Elections and Members of Parliament G. v. March 17, 2008 Federal Law Gazette I p. 394 w.v. March 21, 2008




 

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Earlier versions of Section 39 of the Federal Election Act

The following list shows all changes to this regulation. Via the links current and before you can compare the old version (old version) and the new version (new version). You will find the full text of the amendment law as well as the legislator's justification.



Please note that retrospective changes - if any - are sorted in this list according to the date of publication of the change title (date in brackets) and not according to the date of entry into force.



 

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Citations from Section 39 of the Federal Election Act

You can see the regulations that refer to § 39 BWahlG. The list is subdivided according to citations in BWahlG itself, authorization bases, other applicable titles, amendment regulations and in repealed titles.

 
Quotation in the following standards

Federal election regulations (BWO)

revised by B. v. April 19, 2002 Federal Law Gazette I p. 1376; last amended by Article 10 V. v. June 19, 2020 Federal Law Gazette I p. 1328

§ 28 BWO issuing voting cards (from May 18, 2013)

... informed of the invalidity of the ballot paper. In the cases of Section 39 (5) of the Federal Election Act, the list of ballot papers and the list of those for ...

§ 75 BWO admission of voting letters, determination and determination of the postal voting result (from 11.12.2008)

... Voting letter is to be rejected by the postal voting board if there is an offense according to Section 39, Paragraph 4, Clause 1, No. 2 to 8 of the Federal Election Act. The number of those objected to, ... are not counted as voters; their votes are deemed not to have been cast (Section 39 (4) sentence 2 of the Federal Electoral Act). (3) After the ...


COVID-19 Candidate List Ordinance

V. v. January 28, 2021 Federal Law Gazette I p. 115

§ 7 WahlBewCovV final vote

... the provisions on the rejection of election letters as well as the rules of interpretation of Section 39 Paragraphs 4 and 5 of the Federal Election Act find the corresponding ...


European Electoral Regulations (EuWO)

revised by B. v. May 2nd, 1994 Federal Law Gazette I p. 957; last amended by Article 4 G. v. 18.06.2019 Federal Law Gazette I p. 834

Section 27 EuWO issuing voting cards (from December 24, 2013)

... In the cases of Section 4 of the European Election Act in conjunction with Section 39 (5) of the Federal Election Act, the list of ballot papers and the list of the ...

Section 68 EuWO admission of ballot letters, determination and determination of the postal voting result (from 11.12.2008)

... if there is an offense in accordance with Section 4 of the European Election Act in conjunction with Section 39, Paragraph 4, Clause 1, No. 2 to 8 of the Federal Election Act. The number of those objected to, who after ... their votes are deemed not to have been cast (Section 4 of the European Election Act in conjunction with Section 39 (4) sentence 2 of the Federal Election Act). (3) After the ballot envelopes have passed ...

 

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Quotations in amendment regulations

Law amending the electoral and parliamentary law

G. v. March 17, 2008 Federal Law Gazette I p. 394

Link to this site: https://www.buzer.de/gesetz/33/a273.htm

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