Felony disenfranchisement

Under electoral law exclusion is meant to exclude certain persons from the active and passive right to vote, even though they (as seen on the age, nationality or place of residence ago) would in themselves eligible to vote.

  • 6.1 Federal Law
  • 6.2 state law
  • 6.3 Municipal Law

Suffrage in Germany

In the German election law, this can be found three reasons for exclusion. In all determinations ( electoral laws of the federal and state governments including municipal laws) to find the first two reasons for exclusion:

  • Who does not have the right to vote as a result of judicial decision and
  • The one for which a supervisor is appointed not only by temporary injunction to attend to all his affairs; This is true even if the task circle of maintainer does not cover the 1905 Civil Code referred to in § 1896 para 4 and § Affairs ( post control and sterilization).

In most election laws is still following grounds for exclusion include:

  • Who is under an order pursuant to § 63 in conjunction with § 20 of the Criminal Code is in a psychiatric hospital.

Exclusion by verdict

The exclusion by judge's decision can lifetime only by the Federal Constitutional Court, in the forfeiture of basic rights under Article 18, paragraph 2 of the Basic Law in conjunction with § 39 para 2 BVerfGG be arranged. So far this has never been done in the West German history.

According to § 45 paragraph 1 of the Criminal Code is losing, who is convicted of at least one year for a crime to imprisonment for a term of five years, the ability to attain public electoral rights. This concerns not, in principle, the passive right to vote ( eligibility ), not the right to vote.

In certain other "political" offenses (eg high or treason, election fraud, voter coercion, bribery of voters ) may also be deprived of the right to vote for two to five years ( see § 92a, paragraph 2 and Abs.5.html § 45 Paragraph 2 and para 5, § 101, § 108c, § 109i of the Penal Code ).

Exclusion order caregivers

The reason for exclusion caregivers order affects only persons in whom a (final, but no preliminary) support with the task group " all matters " is arranged. Must not be arranged, the postal and telephone monitoring in accordance with § 1896 para 4 of the Civil Code as well as the Duties of sterilization pursuant to § 1905 BGB.

Before the entry into force of the Care Provision Act on 1 January 1992 had people who were under guardianship or Gebrechlichkeitspflegschaft, no right to vote. This discriminatory state should be canceled by the Care Act. Basically, there should be no election ban, but the Legal Affairs Committee of the Bundestag argued by the constitutionalists, so would the seriousness of the franchise at risk. Agreement was reached on the following formulation:

The transitional provisions (Article 9 § 7 BtG ) for the so-called old cases, so the people who stood on 31 December 1991 under guardianship / curatorship that automatically went into Betreuungen on 1 January 1992, however, saw before, but that automatically only the election ban on the previously under Gebrechlichkeitspflegschaft people was deleted from the electoral register ( about 180,000 people), not the date under guardianship (about 65,000 people).

In the latter, the " all matters " got under the transitional provisions of a supervisor, the scope of care should be restricted only in the context of the review period for the old cases, if necessary, and thus the election ban be deleted from the electoral register. ( So was the guardianship before 1 January 1982 arranged ) The review period was five years ( ie until 31 December 1996) for people who were more than 10 years under guardianship and 10 years ( ie until December 31, 2001 was ) for people who were less than 10 years under guardianship (ie guardianship after 1 January 1982 arranged ).

Court

Conditions for the provision of a total care:

Other case law

  • BayObLG of 27 April 1995-3 Z BR 25/95 = FamRZ 1995 1085
  • BayObLG 22 October 1996-3 Z BR 178/96 = BtPrax 1997, 72
  • LG Zweibrücken of 20 July 1999-4 T 167/99 = BtPrax 1999 244
  • MCs Neustadt on 10 June 1999-3 L 1535/99.NW - FamRZ 2000 1049
  • BayVfGH of 9 July 2002 - Vf 9- VII -01 - VGHE 118/II = BTPrax 2003, 34-37

Exclusion criminal accommodation

The third reason for exclusion relates to criminal law ( forensic ) accommodation, so people in the so-called forensic, due to their lack of criminal responsibility for offenses can not be punished and housed in accordance with § 63 of the Penal Code in a psychiatric hospital ( Insanity according to 20 of the Criminal Code. §).

Not affected are persons who are housed in accordance with § 64 of the Penal Code in a detoxification facility. Also not affected are those in the way of an interim order ( § 126a Code of Criminal Procedure ) are temporarily housed. Other custodial placements (so-called civil law pursuant to § 1906 of the Civil Code or public after the Mentally - ill - laws of the federal states ) lead in any case to a suffrage exclusion.

Current laws plans

The exclusion order caregivers and criminal accommodation are according to a recent draft law of the Federal Alliance 90/The Greens accounts ( Bundestag printed paper 17/12068 of 16 January 2013, PDF). This adaptation of the Federal Electoral Act and the European electoral law to the UN Disability Rights Convention is aimed at. However, the lawmakers went in the adoption of the enabling law for the UN CRPD end of 2008, assuming that they are not contrary to the choice of legal exclusion is ( memorandum to the Convention Bundestagsdrucksache 16/10808, pp. 45, 63 f; PDF, 1.2 MB)

Legal bases for choice exclusions

Federal law

  • § 13 Federal election law
  • § 6a European Elections Act

State law

  • § 7 paragraph 2 state election law Baden- Württemberg **
  • Article 2 state election law Bavaria
  • § 2 state election law Berlin
  • § 7 provincial election law Brandenburg
  • § 2 Bremisches election law **
  • § 7 electoral law for the Hamburg Parliament
  • § 3 state election law Hesse **
  • § 15 state election law Mecklenburg- Vorpommern **
  • § 3 Lower Saxony Asparagus. Country's electoral law
  • § 2 state election law NRW **
  • § 3 provincial election law Rhineland -Palatinate
  • § 9 provincial election law Saarland
  • § 12 Saxon. Country's electoral law
  • § 3 provincial election law Saxony -Anhalt **
  • § 7 provincial election law Schleswig -Holstein
  • § 14 Thuringia state election law

Municipal Law

  • § 14 Gemeindeordnung Baden-Württemberg **
  • Article 2 municipal and county election law Bavaria
  • § 9 municipal law Brandenburg
  • § 31 Hessian Municipal Code **
  • § 8 municipal election law Mecklenburg- Vorpommern **
  • § 8 municipal law of North Rhine- Westphalia **
  • § 2 Law on local elections Rhineland -Palatinate
  • § 14 Law on local elections Saarland
  • § 16 para 2 Saxon church order **
  • § 21 Section 2 Local Government Law Saxony-Anhalt **
  • § 4 municipal and county election law Schleswig- Holstein **
  • § 2 Thuringian Law on local elections

(where marked with **, the exclusion of housing 63 of the Criminal Code is not called by §).

Federal Constitutional Court of Germany
810783
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