If an elected constituency deputy of a political grouping standing for election or of a party which had not been allowed to submit a Land list for the election in the respective Land vacates his or her seat in the German Bundestag, a by-election shall be held in that constituency. The by-election must be held not later than sixty days after the seat has become vacant. There shall be no by-election if it is certain that a new German Bundestag will be elected within six months. The by-election shall be conducted according to the general regulations. The election date shall be determined by the Land returning officer.

At European elections there is no by-election as there are no constituency deputies.

Legal bases

Section 48 (2) of the Federal Elections Act (BWG)

Last update: 1 January 2015