List successor
In elections, list successors are those candidates who are on a list and who move up in the corresponding order if previously elected candidates are eliminated. This is regulated differently depending on the country and choice.
List exhaustion
If all list successors have moved up, the successor list is empty and another person should move up, but none is on the successor list, this is referred to as list exhaustion. Depending on the respective regulation, the seat then remains empty or is occupied in a different way.
Germany
State elections
The regulations differ depending on the federal state . In Saarland, for example, if the state list is exhausted, another applicant from the party on the district list (and vice versa) moves up. Normally, however, when the list is exhausted (as in Brandenburg ) , the seat remains empty until the end of the electoral term.
Bundestag elections
In federal elections are called List successor all non-selected candidates on a national list of the Bundestag represented party referred. Those who have left the party or have become members of another party or who, as elected applicants in the constituency , have refused to become members or have waived their membership in the German Bundestag as members of the Bundestag, are not taken into account .
If an elected candidate dies or refuses to accept the election, or if a member of parliament dies or otherwise leaves the Bundestag, the seat will be filled by the next successor to the list of the state of the party for which the resigned candidate stood in the election. The Land Returning Officer determines who will be the successor to the list . If the list is exhausted, the seat remains vacant.
After leaving the German Bundestag, the seat of a member of parliament may not be filled from the party's state list as long as the party has one or more overhang seats in the country concerned .
If the resigned member is elected as a constituency member of a group of voters or a party for which no state list has been approved in the state, a replacement election takes place in the constituency concerned.
Legal basis: § 48 BWahlG ; Section 84 BWO
European elections
Since, in contrast to Bundestag elections, there are substitute applicants in European elections , the successor to the list - if substitute applicants have been drawn up - is first regulated by moving up the substitute applicant designated for the applicant who has dropped out. If a party does not make use of the option to nominate substitute applicants or does not use it in all cases, then if necessary - even if a substitute applicant does not do so - the initially not elected list applicants move up according to their order.
In the case of the succession, those applicants and substitute applicants who have left the party or political association or have become members of another party or political association are not taken into account. Substitute applicants who, as elected applicants, have rejected their election or, as MEPs, have renounced their membership in the European Parliament will also not be considered.
If the list is exhausted, the seat remains vacant.
Legal basis: § 9 , § 24 EuWG , § 32 EuWO
Individual evidence
- ↑ Saarland State Election Act ( Memento of the original from April 21, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Section 42 and Section 43
- ↑ Landtag elections ( Memento of the original from May 12, 2006 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Brandenburg
Web links
- List successor on bundeswahlleiter.de
