Local election law - authorisation to vote and contesting elections

What (new) legal challenges arise if a decision has to be made before the election on the authorisation of candidates - for example, with regard to constitutional compliance? The upcoming amendment to the Lower Saxony Municipal Elections Act (NKWG) provides for such an examination by the municipal election committees - supported by the municipal supervisory authority - in future.

And what happens later, after the election date, if the election is contested?
Particularly in an environment of close results and growing sensitivity to electoral errors, the electoral review procedure is gaining in practical importance - also in Lower Saxony.

But when does a mistake actually invalidate the election? And why do most challenges fail because of the question of relevance to the mandate?

What is it about?

Local elections are increasingly the subject of electoral challenges, political controversy and judicial review.

The seminar sheds light on the legal foundations and current developments in local election law in Lower Saxony and shows what is really important in the legally compliant preparation, organisation and review of elections. In particular, the fact that the local electoral committee will in future have to check the constitutional compliance of candidates as part of the authorisation to stand for election is currently causing uncertainty.

For electoral administrators, chief administrative officers and municipal committees, the question arises as to how decisions can be prepared with legal certainty and how they can be reliably represented in the event of a conflict.

The seminar combines the legal foundations with current developments and typical conflict situations from practice. The aim is to provide an in-depth understanding of the legal standards and strategic room for manoeuvre - both for the preparation of elections and for dealing with election challenges and possible legal proceedings.

Focal points:

• What standards apply to the authorisation of election proposals, in particular in the event of doubts about the constitutionality of candidates?
• What does „loyalty to the constitution“ even mean?
• What legal risks exist in the run-up to the election, for example in terms of organisation, counting or documentation?
• When do irregularities lead to a significant electoral error - and when does the election remain valid despite an offence?
• What significance does the relevance of the mandate have as a central hurdle in the election review procedure?
• How do election appeals and judicial review work - and what role do the election management, representative body and administration play in this?
• How can local authorities justify and defend their decisions in the conflicting areas of law, politics and the public?