Translation:Law on the Elections to the People's Chamber of the German Democratic Republic (1990)
I. ELECTORAL PRINCIPLES AND ELECTORAL SYSTEMEdit
- (1) The elections to the People's Chamber take place on the basis of the Constitution of the GDR and the corresponding electoral regulations.
- (2) The People's Chamber consists of 400 deputies.
- (1) The members of the People's Chamber shall be elected in free, universal, equal, direct and secret elections by the citizens of the GDR entitled to vote (hereinafter referred to as citizens) for a term of four years.
- (2) The exercise of the right to vote shall be based on the free decision of the voter (hereinafter referred to as the voter).
(hereinafter referred to as the voter).
- (1) Every citizen of the GDR who has reached the age of 18 on election day is entitled to vote in elections to the People's Chamber.
- (2) Is not entitled to vote:
- 1. who is incapacitated legally,
- 2. who has been deprived of his civil rights as a result of a final judgment.
- (3) The right to vote rests with citizens who are under temporary guardianship or care for frailty because of a mental illness or because of a serious misdevelopment of the personality of disease value or because of intellectual impairment. The same applies to citizens who, for the same reasons, have been admitted to an institution for the mentally ill for an indefinite period on the basis of the applicable legislation.
- (1) Every citizen of the GDR who is 18 years of age on election day is eligible for election to the People's Chamber.
- (2) is Not selectable:
- 1. anyone who is not entitled to vote in accordance with ;§ 3, paragraph 2 or whose right to vote is suspended in accordance with ;§ 3, paragraph 3,
- 2. who is legally sentenced to a sentence with deprivation of liberty and has not yet completed it-
- (1) The election shall be conducted in accordance with the principles of proportional representation.
- (2) Each voter shall have one vote, which he shall cast for a list.
- (3) The unification of several parties or other political associations into one list is permitted. A party or other political association may only participate in a list association. List associations apply to all constituencies and close independent lists of
parties or other political associations.
- (4) List associations shall be regarded as a list in the distribution of seats.
- (5) Constituency lists of the same party, other political association or list association shall be deemed to be connected at the republic level.
II. ELECTION PREPARATIONEdit
- (1) The electoral area is divided into 15 constituencies. Each constituency receives one number.
- (2) The division of the electoral area into constituencies and the possible number of candidates to be nominated for a list shall be determined in the Annex to this Act.
- (1) The electoral commission of each constituency shall determine the voting districts and the polling stations.
- (2) A voting district shall not comprise more than 1500 eligible voters, but shall not be so small
that the secrecy of the vote is endangered.
- (3) The formation of the voting districts shall be announced no later than 24 February 1990.
- (4) The formation of voting districts for those working abroad on behalf of the GDR entitled to vote-
citizens as well as their eligible relatives with main residence in the GDR is possible.
- (1) Nominations may be submitted by parties and other political associations which have a permanent or prolonged influence on the political formation of the will of the GDR
to participate in the representation of citizens in the People's Chamber. Candidate not another party or political association participating in the election belong.
- (2) Parties or other political associations that pursue fascist, militaristic, anti-humanist goals and profess or spread hatred of faith, race and peoples, discriminate against persons and groups on the basis of their nationality, political affiliation, gender, sexual orientation or physical or mental disabilities, or seek to achieve their goals by force or threat of force, are excluded from the election. The decision on this is made by the presidium consisting of five people at the Election Commission of the GDR.
- (3) The parties, other political associations or list associations shall establish their candidates for the individual constituencies in a binding order.
- (4) Candidacy on the list of a party or other political association or list association shall be permitted only in one constituency.
A candidate can only be nominated who has obtained the confidence of the majority present in a quorum meeting of members or representatives of the party or other political association by secret ballot.
- § 10
- (1) On 22 February 1990, the Electoral Commission shall call for the submission of nominations by public notice.
- (2) The parties and other political associations that wish to stand for election shall notify the Election Commission of the GDR in writing by their central governing bodies by 26 February 1990. This communication shall be accompanied by the programme and statute of the party or other political agreement.
- (3) The intention to form a list association must be declared in writing to the Electoral Commission of the GDR by the central governing bodies of all those involved in the list by 26 February 1990 at the latest.
- § 11
- (1) Nominations shall be submitted to the electoral commissions of the constituencies by 28 February 1990.
- (2) The nominations shall contain::
- 1. the full name of the party, the other political association or list association and the common abbreviation in letters,
- 2. the candidates in the binding order,
- 3. the signature of at least three authorized representatives of the Central Executive body (management Board),
- 4. Personal details of the candidate: first name and surname, year and place of birth, occupation and current occupation, address of residence,
- 5. written declaration by the candidate that he agrees with his nomination and that there is no legal impediment to his candidacy,
- 6. confirmation of the eligibility of the candidate by the local council responsible for the residence of the candidate. The election proposals shall be accompanied by the minutes of the election of the candidates in the quorum of the members or representatives of the party or other political association.
- § 12
For each constituency proposal, a person of trust and a deputy must be nominated by the respective party, other political association and list association. You are entitled to make and receive binding declarations on the constituency proposals.
- § 13
- (1) The submitted constituency proposals shall be examined by the electoral commission of the constituency within three days.
- (2) The election proposals corresponding to the statutory requirements shall be registered by the electoral commission of the constituency.
- (3) If the election proposals are deficient in accordance with ;§ 11, paragraph 2, the election Commission shall immediately notify the persons responsible for the constituency proposals named in ;§ 12 with the request to remedy them.
- (4) nominations will not be registered, if:
- 1. the provisions of ;§ 8, para. 2 conditions for exclusion from voter turnout
- 2. the deadline for submitting nominations pursuant to ;§ 11 has elapsed,
- 3. the deficiencies reported by the election commission until the deadline for filing
the nominations have not been fixed ,
- 4. Persons of trust pursuant to ;§ 12 have not been named.
- (5) Decisions of the electoral commission of the constituency pursuant to paragraph 4, paragraphs 2 and 4 may be appealed to the Electoral Commission of the GDR within three days. The decision on the appeal must be taken by 6 March 1990 at the latest.
- § 14
- (1) The Election Commission of the GDR shall establish binding provisions by 9 March 1990. :
- 1. which parties and other political associations, and list associations in the election
- 2. the list paragraph, according to the alphabetical order of the names of the parties, other political groups and List groups.
- (2) By 9 March 1990, the electoral commissions for the constituencies shall determine which parties, other political associations and list associations in the respective constituency shall participate in the election. These stipulations as well as the polling stations are to be officially published in the constituencies by the electoral commissions.
- § 15
- (1) Nominations may not be changed or withdrawn after their official publication, unless a candidate loses his or her electability or dies.
- (2) In this case, the parties, other political associations and list associations shall have the right to nominate candidates until 13 March 1990. Post-nominated candidates in a list take the last place in the order.
III. ELECTORAL COMMISSIONS AND ELECTION BOARDSEdit
- § 16
- (1) Elections to the People's Chamber shall be conducted by democratically constituted, publicly operating electoral commissions.
- (2) are formed:
- 1. a Bureau at the election Commission of the GDR, consisting of five equal, independent personalities,
- 2. the election Commission of the GDR, consisting of the Chairman, two Vice-presidents and other members as well as a Secretary,
- 3. the election commissions of electoral districts, consisting of the Chairman, two Vice-presidents, other members, and a Secretary.
The secretaries do not have the right to vote on the commissions.
- 3.The parties and other political associations participating in the election shall each appoint two representatives to the electoral commissions.
- (4) Candidates to the People's Chamber cannot be members of the electoral commissions.
- § 17
- (1) The Election Commission of the GDR is formed by decision of the People's Chamber. It will take up its duties on 22 February 1990.
- (2) The Electoral Commission of the GDR appoints the members of the electoral commissions of the constituencies on a proposal from the parties and other political associations.
- (3) The electoral commissions shall elect the chairman and the alternates from among their number by secret ballot.
- (4) The composition of the electoral commissions shall be officially announced.
- (5) The electoral commissions shall remain in place until the 90th day after the election.
- § 18
- (1) The electoral boards, consisting of at least seven members, shall be constituted by the electoral commissions of the constituencies no later than 8 March 1990. The parties and other political associations must submit their proposals by 1 March 1990.
- (2) Candidates for the People's Chamber cannot be members of an electoral board.
- (3) The Election Board shall elect the chairman, his deputy and the secretary from among its members by secret ballot.
- § 19
1The Electoral Board shall, if necessary, send members from among its members to vote in health and social care institutions and other institutions, including prisons and pre - trial detention. As far as possible, you can also visit individual citizens on request.
- § 20
The election commissions and election boards advise and decide in public session. They have a quorum when half of the members are present. Decisions are taken by majority vote. In the event of a tie, the vote of the chairman shall prevail, and in the event of his absence that of his deputy.
IV. VOTERS' REGISTEREdit
- § 21
- (1) Only those who are registered in the voters ' register of their voting district or who have received a ballot paper may vote.
- (2) From 27 February to 4 March 1990, the register of voters shall be drawn up for each voting district by the competent Council of the city, district or municipality.
- § 22
- (1) From 5 March to 10 March 1990, the voters ' registers shall be open to the public for general inspection. The place and time of the interpretation as well as the right to object to the voters ' register shall be made known by the competent Council in the usual local manner.
- (2) Each person entitled to vote shall be notified in writing by the competent Council of the city, district or municipality of his registration in the voters ' register by 8 March 1990.
- (3) Citizens have the right to request the competent Council to correct incorrect entries in the voters ' register or to supplement them. The Council shall examine the information and make any necessary corrections and additions.
- (4) If the deletion from the voters ' register is foreseen for the reasons mentioned in ;§ 3, paragraph 2 and 3, this must be communicated to the citizen concerned without delay. He is to be given the opportunity to express his views.
- (5) The citizen has the right to request the competent for his residence district court for the annulment of the decision of the local Council, in accordance with paragraphs 3 and 4.
- (6) The district court shall give a final decision on the opposition within three days, at the latest one day before the election. If the objection is well-founded, the court orders the correction of the voters ' register. The procedure is governed by the provisions of the Law on Jurisdiction and the procedure of the Courts for the review of administrative decisions. Court costs are not charged.
- § 23
The voters' registers must be closed on 16 March 1990 at 4 p.m. under the control of at least two members from the relevant electoral boards. A protocol must be made about this. The competent Council shall inform the electoral commission of the constituency of the number of citizens entitled to vote.
- § 24
- (1) A citizen entitled to vote registered in the electoral register who is prevented from voting in his or her voting district on the day of the election or who has not been included in the electoral register for reasons for which he or she is not responsible shall receive a ballot paper upon request from the competent Council. The issue of election tickets must be noted in the voters ' register or attached to it as an annex after its closure.
- (2) The holders of election tickets can vote in any voting district of the GDR.
V. BALLOT PAPER AND POLLING STATIONEdit
- § 25
- (1) The ballot papers shall be officially produced.
- (2) The responsible electoral commission shall be responsible for the production and timely delivery of the ballot papers to the electoral boards.
- (3) The ballot paper of the constituency shall provide a line of the same size for each proposal.
This line contains the list number, the name of the party, the other political association or list association, if available their abbreviation, the names of the first three candidates and a circle for the voter's vote. In the case of list associations, their designation and the symbols of the parties involved must be included.
- § 26
The polling stations designated by the electoral commissions of the constituencies shall be established by the local councils. The polling stations will be announced at the same time as the division of the voting districts.
- (2) Polling booths shall be set up in the polling station in such a way that the voter is able to prepare the ballot paper unobserved.
The ballot boxes must be such that the secrecy of the personal election decision is guaranteed.
VI. ELECTION ACTEdit
- § 27
The elections to the People's Chamber in the time from 7: 00 am to 18: 00. The election act is public.
- § 28
- (1) The election shall be conducted by the election Board.
- (2) Before the beginning of the election act, the chairman of the election Board shall oblige its members by a handshake
- (3) In the presence of voters, the Election Board shall be satisfied of the proper condition of the ballot boxes. Each ballot box must be sealed. The seal may only be broken after the election for the purpose of counting votes.
- (4) The chairman of the electoral board and his secretary may not be outside the polling station at the same time.
sen tasks come true. In the absence of the chairman, his deputy shall perform his duties.
- (5) The electoral Board shall take measures to maintain order in the polling station. These are binding for everyone. Persons who disturb the election rules may be expelled by the election board of the polling station.
- § 29
- (1) The voter shall receive the ballot paper after presenting his / her identity card.
- (2) Holders of ballot papers shall receive the ballot paper upon presentation of their identity card and delivery of the ballot paper.
- (3) The ballot papers shall be attached to the voters ' register.
- (4) Only the official ballot papers handed out by the election Board shall entitle the holder to vote.
- § 30
- (1) The ballot shall be prepared by the person entitled to vote in the voting booth. The use of the polling booth is mandatory.
- (2) The simultaneous presence of several voters in the polling booth is prohibited.
- (3) Voters who are unable to independently prepare the ballot paper for voting are entitled to be assisted in this by a person of their trust.
- § 31
- (1) The voter shall cast his vote in a valid manner by clearly identifying the list he has chosen on the ballot paper. A list is clearly marked, if the
District for the vote of the list desired by the voter has been ticked or provided with another unequivocally affirmative marking. The vote is cast by inserting the marked ballot paper into the ballot box.
- (2) At the end of the time set for the opening of the polling stations, only voters who are in the polling station shall be allowed to vote. After that, the chairman of the election board declares the vote closed.
- § 32
- (1) Any statement by word, sound, image or writing for or against a particular party, other political association, list association or for a candidate shall be prohibited in and in front of the polling station within a radius of approximately 100 meters.
- (2) Voter surveys and the publication of their results shall be permitted up to and including 11 March 1990.
- (3) Results of voter surveys after the vote on your election decision may only be published after the closing of the polling stations.
VII. DETERMINATION OF THE ELECTION RESULTEdit
- § 33
- (1) Immediately after the end of the voting procedure, the votes are counted publicly by the election board in the polling station.
- (2) The non-issued ballot paper forms shall be counted and stored in a sealed envelope. The ballots are then taken from the ballot box.
- (3) The electoral Board shall publicly disclose the number of eligible voters and shall determine::
- 1. the number of votes cast,
- 2. the number of valid and invalid votes,
- 3.the number of valid votes cast for the individual nominations.
- § 34
- (1) The Election Board shall decide on the validity of the votes cast.
- (2) The ballot paper is invalid,
- 1. if a ballot paper other than the official one has been used for voting,
- 2. if the will of the voter is not clearly recognizable,
- 3. if more than one proposal, the ticked or marked was,
- 4. if it contains additions, deletions, or reservations,
- 5. if it is torn,
- 6. if the voter marked the ballot paper outside the polling booth.
- § 35
- (1) An election record shall be drawn up publicly by the Election Board on the voting and the result of the counting.
- (2) The electoral record shall be signed by the chairman of the electoral Board, the secretary and at least three other members.
- § 36
- (1) The electoral commission of the constituency shall verify the proper conduct of the election on the basis of the electoral records sent by the electoral boards. It summarizes the results from the voting districts and determines on their basis:
- 1. voter turnout,
- 2. the number of valid and invalid votes,
- 3.the number of valid votes cast for each list.
- (2) The Electoral Commission shall draw up an electoral protocol. It shall be signed by the chairman and at least half of the members of the electoral commission.
- § 37
- (1) The proper conduct and overall result of the elections are determined by the Election Commission of the GDR.
- (2) The Election Commission of the GDR officially announces the final result of the election.
- (3) The calculation of the distribution of seats shall be carried out in such a way that the number of seats obtained by a party, other political association or list association at the republic level shall first be calculated in accordance with ;§ 5.
Then the calculation of the Mandate of each party, other political association or list association to the constituencies. In both stages, the calculation is carried out using the Hare-Niemeyer method.
- (4) After their election has been determined, the members of parliament shall be immediately notified of their election in writing by the Electoral Commission of the GDR.
- (5) Within seven days of receiving the notification, the member of Parliament shall declare a rejection of the election in writing to the Electoral Commission of the GDR.
- § 38
Within the period specified in ;§ 37, paragraph 5, in the event of the rejection of the election, death or resignation of a deputy for other reasons from the People's Chamber, the seat shall be filled in order of the candidates on the list of the party, other political association or list association for which the former has run. If the list in question is exhausted, the mandate will remain vacant.
- § 39
- (1) Parties, other political associations or list associations that participated in the election may contest the validity of the election results within 20 days of the announcement of the final overall result of the election to the People's Chamber.
- (2) The challenge must be explained in writing to the Election Commission of the GDR, stating the reasons and evidence.
- (3) The Election Commission of the GDR shall advise and decide within ten days in public
Meeting on requests to contest the validity of election results.
- (4) The decision shall be made in writing and shall state the reasons on which it is based. It is final.
- (5) If a challenge is allowed, the Election commission of the GDR must either correct the election result or order repeat elections.
- (6) The re-selection must be carried out within 21 days of the decision. The date of the repeat election is determined by the Election Commission of the GDR.
- (7) Unless otherwise specified in the decision, the repeat election shall be held in accordance with the same rules, on the basis of the same nominations and lists of voters.
- § 40
- (1) The following electoral documents shall be kept under lock and key until the end of the parliamentary term: minutes of the Electoral commission of the GDR and of the electoral commissions of the constituencies, minutes of the election boards and annihilation minutes in accordance with paragraph 2.
- (2) Ballot papers, ballot papers and electoral registers used by the electoral boards shall be destroyed under the supervision of the electoral commissions of the constituencies between the 60th and 80th days after the election. A protocol must be drawn up and forwarded to the Electoral Commission of the GDR.
VIII. BEGINNING AND END OF THE RIGHTS AND OBLIGATIONS OF MEMBERS OF PARLIAMENTEdit
- § 41
- (1) The rights and obligations of members of parliament shall begin with the determination of their election and shall end on the day of election to the People's Chamber of the new legislature. In the event of the dissolution of the People's Chamber, the rights and duties of the deputies shall end on that day.
- (2) During the parliamentary term, the mandate of a member of parliament shall expire by death, by loss of electability, by change of party or other political association, or by cancellation of the mandate. In the event of death, loss of electability or change of party or other political association, the People's Chamber determines the expiry of the mandate.
- (3) Members of parliament have the right to request the suspension of their mandate during the parliamentary term. The decision is made by the People's Chamber.
- § 42
If a member of parliament leaves, the next placed member on the list in question will move on. If this is exhausted, the mandate remains unoccupied.
- § 43
The reimbursement of election costs is based on the Party Law . In the event of death, loss of electability or change of party or other political association, the People's Chamber shall determine the expiry of the mandate. Repeal of the mandate. post.*
- § 44
- (1) This law shall enter into force on 20 February 1990.
- (2) At the same time, the Law on Elections to the Representatives of the People of the German Democratic Republic (Wahlgesetz) of 24 June 1976 (GBl. I 1976 No. 22 p. 301) in accordance with the Law amending the Electoral Law of 28 June 1979 (GBl. 139) and the Law of 3 March 1989 supplementing the Electoral Act (GBl. I 1989 No. 7 p. 109).
- (3) In accordance with the above electoral Law, an order for the election of the People's Chamber on 18 March 1990 (electoral Regulations) shall be adopted and published by the People's Chamber no later than the date of formation of the Electoral Commission of the GDR by decision. †
The above law, adopted by the People's Chamber of the German Democratic Republic on the twentieth of February in the year one thousand nine hundred and ninety, is hereby promulgated. Berlin, the twenty-second of February nineteen hundred and ninety
- The law on parties and other political associations – party law – of 21. February 1990 – GBl. DDRINR.9S. 66–
† Order to conduct the election to the People's Chamber of the German Democratic Republic on 18 March 1990 (Electoral Regulations) of 20 February 1990-GBl. DDR I No. 9 p. 68 – 8 The acting Chairman of the State Council of the German Democratic Republic Prof. Dr. Gerlach
ANNEX TO THE LAW ON ELECTIONS TO THE PEOPLE’S CHAMBER OF THE GERMAN DEMOCRATIC REPUBLIC ON 18 MARCH 1990Edit
- 1. For the election to the People's Chamber of the GDR on 18 March 1990, the legally defined division of the electoral area into 15 constituencies follows the territorial division of the GDR into districts, including the capital Berlin.
- 2. The determination of the number of constituencies to nominate candidates is made on the basis of population.
- 3. Accordingly, the parties, other political associations or list associations may nominate a maximum of the following number of candidates in constituencies:
- No. of constituency
- Area of the WK
- Number of candidates
- 1 Berlin
- 2 Cottbus
- 3 Dresden
- 4 Erfurt
- 5 Frankfurt / O.
- 6 Gera
- 7 Hall
- 8 Karl-Marx-Stadt
- 9 Leipzig
- 10 Magdeburg
- 11 Neubrandenburg
- 12 Potsdam
- 13 Rostock
- 14 Schwerin
- 15 Suhl