Regulations of the Administrative Commission of the High Court on the Election of Members and Alternate Members of the Personnel Committees

The Election Regulations (ER) are based on Sections 12 para. 3 and 15 para. 4 of the Co-determination Ordinance (CDO)2.

1. The initial election of the personnel committees referred to in § 10 lit. a–k MVO shall be held within four months of the MVO’s entry into force.

2. The first term of office shall extend until April 30, 1984.

3. Renewal elections shall take place in the last four months of each four-year term of office.

1 Before each election, the Central Chancellery of the High Court shall prepare an electoral register based on the High Court's personnel file, the information provided by the Inspectorate of Notaries, and the District Court Chancellery, organised according to the criteria of § 12 para. 1 and 2 of the Ordinance on Employees' Participation.

2 The electoral register shall be closed thirty days before the election date and shall then be decisive for the right to vote and eligibility until the end of the election procedure.

1 The Election Office shall, in accordance with § 15 MVO, timely inform in writing

the Registry of the High Court, the Registries of the District Courts, and the Notarial

Inspectorate for the attention of the Notaries, of

a. the election date,

b. the personnel committees to be elected,

c. the requirements for eligibility to vote and eligibility for election,

d. the deadline for submitting election proposals,

e. the number of necessary signatures for election proposals,

with the note that the proposals must be accompanied by a declaration from the candidates

regarding their potential acceptance of the election.

2 The Registry of the High Court, the Registries of the District Courts, and the

Notarial Inspectorate shall subsequently notify the staff of the election date and

the other aforementioned explanations by circular or public notice.

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211.251

Personnel Committees of the Court and Notarial Staff – R

A nomination proposal may contain at most the names of as many candi-

dates as there are members and substitute members to be elected for the relevant personnel committee. Each name may be listed only once on a nomination proposal.

The employee must personally sign the nomination proposal they support.

1 The electoral proposals must meet the following formal requirements

a. They must be designated with the name of the Personnel Committee for which the candidate is proposed.

b. The candidates must be listed with their surname, first name, official position, and place of work.

2 The written declarations of all candidates must be attached to the electoral proposals, stating that they accept the election both as a member and, if applicable, as a substitute member.

1 Formal defects according to § 7 subs. 1 and 2 can be rectified

subsequently. The chairman of the election committee shall set a short

additional grace period for the first signatory of the election proposal

to rectify the defects.

2 If the defects are not fully rectified, the election proposal

is invalid.

Late nominations are invalid.

1 The Election Office examines the received electoral proposals based on the electoral register maintained by the Central Chancellery.

2 The Election Office decides on the validity of the electoral proposals.

If no or insufficient valid nominations for the complete staffing of a personnel committee are received, a supplementary election will not be conducted – subject to Section 23 WR – (cf. Section 17 MVO).

If the number of candidates proposed for a Staff Committee is equal to or smaller than the number to be elected, the election office shall inform the Superior Court Chancellery, the District Court Chanceries, and/or the Notariats, for the attention of the respective staff groups, that the further election procedure in this respect shall be governed by § 17 MVO.

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Staff Committees of the Court and Notary Personnel – R 211.251

Should a silent election occur within the meaning of § 17 MVO, it will be determined by lot, in case of doubt, who is elected as a member and who as a substitute member. The order of substitute members will also be determined by lot. The chairman of the election office makes the decision by lot.

If the number of candidates proposed for a staff committee exceeds the number to be elected, the further election procedure shall be conducted in accordance with Sections 15 (2) and (3) and 16 MVO and the following provisions.

The Central Chancellery of the High Court shall timely provide eligible voters with election materials in accordance with Article 15, paragraph 2 of the Municipal Ordinance.

1 The election materials comprise

a. a list of candidates proposed for each Personnel Committee,

b. the voter identification card,

c. the ballot paper,

d. an election envelope.

2 The ballot paper must include

a. the designation of the Personnel Committee to be elected,

b. the election date,

c. a reference to §§ 17 and 18 of the Regulations.

3 The voter identification card contains the name, first name, official position, and place of work of the eligible voter. Each voter identification card shall be stamped by the Central Registry with a stamp of the High Court.

To cast their vote, the eligible voter must place the ballot paper in the ballot envelope and, together with the voting card, send this sealed ballot envelope in a delivery envelope to the Central Registry of the High Court.

The entire deposited ballot paper is invalid if

a. a ballot paper other than the official one was used,

b. the ballot envelope or the return envelope is not stamped in accordance with § 15 para. 3 MVO,

c. the ballot envelope or the return envelope contains more than one ballot paper or the voter identification card is not enclosed.

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Personnel Committees of the Court and Notary Staff – R

The ballots, sealed in the ballot envelope, are to be kept by the Central Chancellery of the High Court in a ballot box until they are counted.

1. The election results are determined by the Election Office for the members and substitute members, with the proviso that the three candidates with the highest number of votes are elected as members, and the three candidates with the next highest number of votes are elected as substitute members. The order of the substitute members is determined by the number of votes received.

2. In the event of a tie, the lot shall be drawn by the chairperson of the Election Office.

The election office shall draw up a record of the counting,

which shall bear the signature of at least three members of the election office,

and shall transmit it, together with the sealed ballot papers, after the counting has taken place,

to the Administrative Commission of the High Court.

1 The Election Office shall communicate the election result by circular

to the Registry of the High Court, the Registries of the District Courts, and the

Notaries' Offices, with an indication of the possibility of appeal (§ 19 MVO).

The appeal period runs from the date of the posting.

2 The aforementioned official bodies shall make the election result known

to their personnel by a dated posting, including a reference to the election appeal.

1 A by-election for a Staff Committee during its term of office shall be held upon the written request of at least three eligible voters, if a vacant seat of a member on the Staff Committee cannot be filled by succession in accordance with § 11 para. 3 MVO.

2 A by-election shall, if necessary, be announced for all missing members and substitute members.

3 By-elections can generally be requested no earlier than six months after the previous election date and no later than twelve months before the expiry of the ordinary term of office. The Administrative Commission of the High Court may approve an exception.

Each personnel committee, after its constitution by the Administrative Commission of the High Court, shall announce its representative to whom deliveries and communications may be made.

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Personnel Committees of the Court and Notary Staff – R 211.251

¹ OS 47, 190 and GS II, 115.

² LS 211.25.

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