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District Council Election: Determination of Grounds for Exclusion

Anyone who has accepted a mandate in the district council or in the municipal council may not exercise an activity that is incompatible with this mandate pursuant to Section 12 BbgKWahlG.

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  • Detailed description

    Anyone who holds a mandate in the district council of a rural district or in the city council of a city not belonging to a rural district may not work in an activity that is incompatible with this mandate.

    Reasons for incompatibility are

    • Civil servant or salaried employee of the district or city administration with the exception of the district administrator or Lord Mayor
    • Civil servants or tariff employees of the state who perform preparatory or decisive tasks of municipal, special or technical supervision of the district
    • Senior civil servants or senior tariff employees,
    • who are in the service of a municipality or an office of the district,
    • who are employed by a special-purpose association in which the rural or urban district is part of a member body
    • who are employed by a municipal institution under public law of which the rural or urban district is part of a supporting body
    • that are in the service of a savings bank in which the rural or urban district is a guarantor together with other local authorities

    Section 12 BbgKWahlG regulates further details.

    If such a case of incompatibility exists, the mandate may not be accepted or the employment relationship must be terminated. Proof of termination of the employment relationship must be submitted to the electoral officer no later than four months after acceptance of the election.

  • Requirements

    A mandate in the district council or city council that has been won in the local elections

  • Process

    Once the final election result has been determined, the district returning officer notifies all elected candidates and asks them to inform him within one week whether they accept the mandate. At the same time, he points out the fact that mandate and professional activity are incompatible in accordance with § 12 BbgKWahlG, which must be taken into account.

  • Duration

    Notification of the elected candidates immediately after the constituency election committee meeting to determine the final result

  • Deadline

    Declaration of acceptance: 1 week after delivery of the notification

  • Responsible authority

    independent city;

    County

  • Legal basis
  • More information

    Commentary on § 12 of the Brandenburg Municipal Elections Act

  • Approved

    Ministry of the Interior and Local Government

    Unit 23

  • Approved date
    24.04.2020
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