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."