b) Because of their particularities, regulations relating to the deployment of voting
machines are reserved for parliamentary decision insofar as they relate to the major
requirements for the deployment of such devices. This includes the decisions on the
permissibility of the deployment of voting machines and the fundamental prerequisites for their deployment. These decisions cannot be left to the institution adopting
the ordinance.
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The more detailed preconditions for the approval of voting machines and the procedures to be complied with here, the details of the use of the voting machines in the
elections and the guarantee of the principles of electoral law in the concrete deployment of voting machines, by contrast, do not require any detailed parliamentary regulation, but can be regulated by the institution adopting the ordinance. The respective
requirements of the voting machines depend heavily on the nature of the respective
voting machine, and hence do not already have to be legislated in detail at the level of
the parliamentary statute. Thus, for instance, the requirements for the deployment of
electronically operated voting machines differ from those for the deployment of exclusively mechanical voting machines. Because voting machines are subject to ongoing
technical development, a rapid adjustment of the law is better guaranteed if the detailed regulations are transferred to the institution adopting the ordinance.
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III.
According to these standards, the authorisation to hand down ordinances contained
in § 35 of the Federal Electoral Act does not give rise to any profound constitutional
objections.
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1. The parliamentary legislature was not obliged over and above the regulation contained in § 35 of the Federal Electoral Act to regulate the deployment of computercontrolled voting machines since the major questions in connection with the deployment of computer-controlled voting machines are determined in § 35 of the Federal
Electoral Act. Where § 35 of the Federal Electoral Act authorises the adoption of the
Federal Voting Machine Ordinance, the content, purpose and scope of the authorisation that has been issued is adequately regulated (Article 80.1 sentence 2 of the Basic Law).
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The parliamentary legislature made the fundamental decision in § 35.1 of the Federal Electoral Act for the deployment of voting machines. By restricting the deployment
of the voting machines to facilitating the casting and counting of votes, the legislature
clearly determined the goal of the authorisation to issue ordinances. It made it clear
by deleting the words “with separate counting devices” in 1999 that § 35 of the Federal Electoral Act also covers the deployment of computer-controlled voting machines.
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The fundamental prerequisites for the deployment of the voting machines are
named in § 35.2 sentences 2 to 5 and 35.3 of the Federal Electoral Act, in particular
the official type approval and the official authorisation of the use of the voting machines. Of the constitutionally guaranteed election principles, only the secrecy of the
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