B.
Insofar as the complainant re 2. objects to the proceedings before the German Bundestag, his complaint requesting the scrutiny of an election is unsuccessful.
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The complaints requesting the scrutiny of an election are well-founded insofar as
they complain about the Federal Voting Machines Ordinance permitting the use of
computer-controlled voting machines without ensuring effective monitoring of the
election act and effective subsequent monitoring of the ascertainment of the result. In
this respect, there is a violation of the principle of the public nature of elections under
Article 38 of the Basic Law in conjunction with Article 20.1 and 20.2 of the Basic Law.
The use of Nedap’s computer-controlled voting machines was also not compatible
with the principle of the public nature of elections. Both election errors however do not
lead to the elections being declared invalid in the constituencies designated by the
complainant.
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It can remain open whether the constructive characteristics of the voting machines,
and hence also the type approvals and the use authorisation, were compatible with
the requirements contained in the Federal Voting Machine Ordinance, and in particular in the Guidelines for the Construction of Voting Machines, and with the principles
of electoral law under Article 38.1 sentence 1 of the Basic Law. The same applies as
to the complaints that the voting machines used had not been subject to adequate official monitoring, that the examination of the samples by the Physikalisch-Technische
Bundesanstalt and that the type approval procedure had not taken place in public, as
well as that the examination reports and documents of the Physikalisch-Technische
Bundesanstalt, and the source code of the voting machine software, had not been
made available to the public.
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I.
The complaint requesting the scrutiny of an election of the complainant re 2. is unsuccessful insofar as the complainant complains of the length of the proceedings before the German Bundestag and that the Committee for the Scrutiny of Elections had
not deliberated in public and wrongly had not set an oral hearing. The complaint that
the German Bundestag had not been quorate on accepting the resolution recommendation of the Committee for the Scrutiny of Elections is also not well-founded.
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In the context of the complaint proceedings, the Federal Constitutional Court reviews the impugned resolution of the German Bundestag in formal and substantive
terms. Faults in the proceedings of the German Bundestag, as they are claimed by
the complainant, can only be relevant to the complaint if they are material and deprive
it of the basis for its decision (see Decisions of the Federal Constitutional Court
(Entscheidungen des Bundesverfassungsgerichts – BVerfGE 89, 243 (249); 89, 291
(299)). No such procedural violations are recognisable here.
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1. Even if the proceedings took more than one year between the submission of the
objection to the election and the decision of the German Bundestag, this does not yet
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