Election review complaint rejected for missing assembly leader signature on party list nomination protocol

The Federal Constitutional Court dismissed the election review complaint, thereby upholding the Bavarian State Electoral Committee's rejection of the party's state list for the 2009 Bundestag election. The dispute centered on the validity of the internal party nomination procedure, specifically the submission of a protocol from the party's member assembly intended to establish the candidates for the state list. The Court ruled that the procedural requirements for the nomination were not met because the protocol lacked the mandatory signature of the assembly leader, rendering the document non-compliant with statutory election regulations. Consequently, the lower authority's decision to reject the list was legally justified, and the complainant failed to establish that their rights to participation in the election were violated.