In a ruling dated May 6, 2025 (VerfGH 30/23.VB-2), the Constitutional Court (Verfassungsgerichtshof - VerfGH) ruled that Section 15a (1) of the Act on Local Elections in the State of North Rhine-Westphalia (Local Elections Act - KWahlG) in the version of the Act amending the Local Elections Act and other election-related provisions dated July 5, 2024 (GV. NRW. p.444) violates Article 4 (1) of the State Constitution in conjunction with Article 9 (1) of the Basic Law. The NRW Constitutional Court declared the provision null and void pursuant to Section 61 (3) VerfGHG NRW.
It follows from this that, contrary to the previous regulation, voter groups that are subject to a duty of accountability under Section 2 (1) of the Voters' Groups Transparency Act do not have to enclose certificates issued by the President of the Landtag pursuant to Section 4 (2) of the Voters' Groups Transparency Act on the submission of their financial statements for the last two completed financial years for a valid election proposal for the municipal elections.
The corresponding provisions in the Municipal Election Code (KWahlO) are therefore not to be applied until further notice - insofar as they serve to shape the obligations for voter groups previously arising from Section 15a (1) KWahlG.
Paragraphs 2 to 7 of Section 15a KWahlG were not repealed by the decision of the LVerfGH NRW. These therefore continue to apply. The corresponding provisions of the KWahlO also continue to apply.
Kevelaer, 26.05.2025
Pilgrimage town of Kevelaer
The Chief Electoral Officer
signed. Holla