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Germany
General Right to
Vote
Constitution:
(1998)
Article 38, section (2) states, "Anyone who has attained the
age of eighteen years is entitled to vote; anyone who has attained majority
is eligible for election."
Exclusion Based
on Mental Disability
Electoral Law:
(1997: Federal Electoral Law)
Article 1 section (1) states: "The German Bundestag shall
be
elected in a general, direct, free, equal and secret ballot by Germans
eligible to vote
"
Article 13 states "A person shall be disqualified from voting
if (1) he or she is not eligible to vote owing to a judicial decision,
(2) a custodian has been appointed not only through a restraining order
to attend to all his or her affairs; this also applies when the custodian's
sphere of duties does not include the affairs set forth in Article 1896(4)
and Article 1905 of the Civil Code, (3) he or she is accommodated in a
psychiatric hospital under an order pursuant to Article 63 of the Penal
Code."
Voter Assistance
By Other Citizens
Electoral Law:
(1997: Federal Electoral Law)
Article 33 section (2) states: "A voter
who due to a
physical handicap is prevented from marking the ballot paper, from placing
it in the envelope, from handling the envelope over to the Electoral Officer
or from placing it into the ballot box himself or herself may be aided
by another person."
Article 36 concerns "Postal Ballot." Section (2) states:
"The over or the person assisting him or her must indicate on the
polling card that he or she gives an assurance in lieu of an oath to the
District Returning Officer that the ballot paper has been marked either
personally or in accordance wit the declared intent of the voter. The
District Returning Officer shall be responsible for accepting such an
assurance in lieu of an oath; he or she shall be considered an authority
within the meaning of Article 156 of the Penal Code."
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