It all depends on the will of the voters

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01.06.2026

A second cross on the ballot paper does not automatically invalidate a ballot paper. Rather, it is important that the will of the voter is clearly recognisable. This is the result of a decision by the Saarlouis Higher Administrative Court (OVG) (Ref.: 2 A 186/25 of 19 May 2026).

 

On his ballot paper for the city council elections in Saarlouis, a voter had not only placed a cross in the field of the SPD's election proposal, but also in front of the name of a specific candidate. The municipal election committee then declared the vote invalid. The Administrative Court of the Saarland confirmed the decision, but the Higher Administrative Court now took a different view in the appeal proceedings: it was clearly recognisable that the vote was intended to be cast in favour of the SPD. According to the court's press release, it is therefore reasonable to see the second cross as merely a reinforcing, i.e. positive, element that marks the special endorsement or support of the additionally labelled candidate of the elected party.

DOMBERT Rechtsanwälte

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