Local electoral law (Mecklenburg-Western Pomerania)

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The local elections in Mecklenburg-Vorpommern regulates the local elections in Mecklenburg-Vorpommern . The subject matter is the elections of the municipal councils and district assemblies as well as the direct election of the mayors and district administrators .

Laws and Regulations

The basic legal sources of municipal law in Mecklenburg-Western Pomerania are the constitution of the state of Mecklenburg-Western Pomerania , the municipal constitution for the state of Mecklenburg-Western Pomerania (KV MV), the law on elections in the state of Mecklenburg-Western Pomerania (LKWG MV) and the ordinance on the right to vote and the costs of the state elections in Mecklenburg-Western Pomerania (state and municipal election regulations, LKWO MV).

Community councils and district assemblies

The municipal councils and district assemblies are elected by proportional representation. Elective areas with up to 25,000 inhabitants can be divided into several elective areas, those with more than 25,000 inhabitants. Nominations can parties , voter groups or individuals who even as an individual candidate, a candidate to make. They are each set up for an elective area.

The right to vote has any EU citizens who reached the age of 16 and for at least 37 days his main residence was in the electoral area. Every eligible voter has three votes, which he can cumulate or variegate . Selectable is every voter who has reached the age of 18 and for at least three months has his main residence in the electoral area.

Based on a ruling by the State Constitutional Court on December 14, 2000, the five percent hurdle for parties and groups of voters that had previously been in force was reviewed and removed by the legislature.

The electoral term lasts five years. The mandates are distributed according to the quota procedure with residual settlement according to the Hare-Niemeyer procedure . Six to 53 community representatives are elected, depending on the population of the community.

Residents Community representatives
up to 01.500 7th
501 to 01,000 9
1,001 to 01,500 11
1,501 to 03,000 13
3,001 to 04,500 15th
4,501 to 06,000 17th
6,001 to 07,500 19th
7,501 to 10,000 21st
10,001 to 20,000 25th
20,001 to 30,000 29
30,001 to 50,000 37
50,001 to 75,000 43
75,001 to 100,000 45
100,001 to 150,000 47
over 150,000 53

In municipalities administered on a voluntary basis, the number of seats in the municipal council is reduced by one.

Direct election of mayors and district administrators

The mayors and district administrators have been directly elected in Mecklenburg-Western Pomerania since 1999. There is a lord mayor in larger cities . The term of office in full-time administrated municipalities is at least seven and a maximum of nine years, the main statutes regulate more details . The election takes place independently of the election of the municipal council. In municipalities administered on a voluntary basis, the term of office of the mayor is tied to the election period of the municipal council, i.e. it lasts five years. The directly elected mayor can only be recalled by referendum .

The right to vote corresponds to that in municipal council and district council elections. Anyone eligible to vote who has reached the age of 18 can be elected as honorary mayor (in the case of municipalities belonging to the office who do not conduct the business of the office). There is an upper age limit for full-time mayors and district administrators; the candidates must not have reached the age of 60 at the time of the election. In addition, the other requirements for appointment as a civil servant on a temporary basis must be met according to the State Civil Servants Act . Full-time mayors and district administrators can stand for re-election if they have not yet reached the age of 64 on election day.

The day of the election of full-time mayors is determined by the municipal council and the day of the election of district administrators by the district council. The election may take place no earlier than six months and no later than two months before the end of the term of office.

In a first ballot, the candidates for election as mayor or district administrator need an absolute majority of the valid votes. If no candidate has the necessary majority in the first ballot, a runoff election of the two applicants with the most votes will take place on the second Sunday after the election . If one of the applicants admitted to the runoff election does not participate in the election, the applicant with the next highest number of votes will take his place. If there is only one candidate up for election in the first or second ballot, he or she must also gain the votes of at least 15 percent of all eligible voters in order to be elected.

See also

Web links

Individual evidence

  1. ^ Judgment at Wahlrecht.de