Electoral system of Germany

The federal election law governs the election of members of the German Bundestag. According to in Article 38 paragraph 1 sentence 1 of the Basic Law ( GG) are selected as legal principles is the choice in general, direct, free, equal and secret. The specific electoral system is, however, determined by a simple law, the Federal Electoral Law. Many provisions of the Federal Electoral Law, in turn, solidified by the Federal Electoral Regulations.

After the Federal Constitutional Court had recognized in its judgment of 3 July 2008, the distribution of seats after the federal election law partially unconstitutional, and which entered into force 3 December 2011 reorganization was declared the ruling of the Federal Constitutional Court of 25 July 2012 in central parts unconstitutional. A subsequently adopted by a vote of Union, SPD, FDP and Greens reform the allocation of seats came into force on 9 May 2013.

  • 3.1 Proposal for law
  • 3.2 Constituency nominations
  • 3.3 Land lists
  • 4.1 first vote
  • 4.2 second vote
  • 4.3 abstention, invalid votes
  • 4.4 restrictive clause
  • 4.5 Distribution of seats from 1956 to 2011
  • 4.6 Reform of the distribution of seats in 2011
  • 4.7 Distribution of seats from 2013
  • 8.1 Federal Electoral Act 1953
  • 8.2 Federal Electoral Act 1956
  • 8.3 Changes since 1957 8.3.1 voting age
  • 8.3.2 German foreign
  • 8.3.3 Size of the Bundestag
  • 8.3.4 Distribution of seats
  • 8.3.5 Replacement of retiring deputy
  • 8.3.6 nomination rights
  • 8.3.7 Candidates of other parties

Constitutional Basis

Principles of electoral law

According to Article 38 paragraph 1 of the Basic Law " the Members of the German Bundestag [ ... ], chosen, direct, free, equal and secret elections in general. " These five principles of electoral law are fundamental rights, equal rights: your injury can be claimed by a constitutional complaint before the Federal Constitutional Court. Deputies are normally elected for four years

One choice is generally when basically every citizen can participate in it. However, the Basic Law in Article 38 paragraph 2 determines age limits for the right to vote to the Bundestag. After German are active right from the age of 18 and from the age, with the majority may be elected, to stand for election. That's not in the constitution, but by a simple law (BGB ) defined age of majority is since 1975 also at the age of 18.

The right to vote is German citizens and established in Germany German -born refugees and displaced persons, the so-called status Germans reserved. For the people, by the by Article 20, paragraph 2 of the Basic Law, all state authority emanates it carries through elections and other votes and through specific legislative, the executive and the judiciary is, in the judgment of the Federal Constitutional Court of 31 October 1990 only the German people, the state population of the Federal Republic of Germany.

One choice is immediate when the will of the electorate directly determines the election results. An interposition of electors such as in the choice of the U.S. president is therefore inadmissible. The method of the list vote, however, is the principle of direct election compatible.

One choice is free if the state does not oblige the citizens to a particular substantive voting decision; also the free nomination rights ( electoral rights ) falls under the freedom of choice. The freedom of choice, however, would not be infringed by rulings of the Federal Constitutional Court by an elective, if they were to be introduced by the Federal Election Law. Inconsistent with this choice rule of law, however, would be about the conduct of electioneering at the expense of the state. However, the ( political party formed ) Federal Government may pursue public relations while fully protecting its neutrality.

One choice is secret if the decision of a voter is no other known. The federal election law even provides that no voter may make known his decision at the polling station. The problem is the postal ballot, which must therefore constitutionally valid as an exceptional case, since the secrecy of voting is not secure. But otherwise, would be affected as superior general regarded the election, the absentee ballot to the electoral law sets compatible, provided certain rules (eg separate envelope with the actual voting) are complied with.

One choice is the same if each voter has basically the same voting weight. The Federal Constitutional Court lodged with proportional representation and majority voting, both considered it consistently held admissible, different standards on the electoral equality to. In majority voting, therefore, only the count equality must be satisfied, ie every vote must be at least approximately equal to count much. The count equality is violated, for example, if in each constituency an MP is selected and the size of the constituencies deviates too much from each other. In the proportional representation in addition to compliance with the success value equality is required, that is, each voice has essentially the same effect on the distribution of seats have. However, the success value equality is not absolute. Thus, the Federal Constitutional Court has considered the restriction of electoral equality by the current electoral threshold federal election law by 5% of the second votes or three direct mandates to be admissible. A minimum threshold of more than 5 %, however, would be unconstitutional unless it is justified by overriding reasons and.

Suffrage

Right to vote

Right to vote designates the power to choose someone. Active eligible to vote are German, which on election day

  • Are at least 18 years old,
  • For at least three months have their domicile or habitual residence in Germany and other
  • Are not disqualified from voting.

Also expatriate German who meet these conditions except for the three-month period are eligible to vote if they

  • After the age of 14, at least three consecutive months had a residence or other habitual residence in Germany and back this is less than 25 years or
  • " Purchased for other reasons personal and direct familiarity with the political situation in the Federal Republic of Germany and are affected by them. "

Route active electors residing abroad German to Germany, the three-month period does not apply.

Disqualified from voting are German,

  • Where a court has revoked the right to vote in connection with a criminal conviction for offenses in the fields of peace treason, high treason, endangering the democratic rule of law, treason and endangering external security, offenses against public authorities and in elections and referenda and crimes against the national defense, § 13 No. 1 BWahlG, § 92a, § 101, § 108c, § 109i, § 45 paragraph 5 of the Criminal Code;
  • For not only a interim relief caregivers with comprehensive task circuit ( specifically " all matters " ) has been appointed, § 13 No. 2 BWahlG;
  • Located in a psychiatric hospital after the commission of an unlawful act in schuldunfähigem state due to criminal court order pursuant to § 63, § 20 of the Criminal Code.

Eligibility for election

Eligibility for election is the power to be selected. In the Bundestag any person who is on election day German and at least 18 years old.

Not selectable, however, is who is excluded from the right to vote or as a result of judicial decision does not have the eligibility or the ability to hold public office. According to § 45 of the Criminal Code loses, who has been sentenced to a term of imprisonment of one year or a final judgment of a crime, so for five years his eligibility. For other convictions for offenses the court may convict for two to five years but know the eligibility, if the law of this possibility for the corresponding offense expressly provides.

German living abroad may also be eligible if they do not have the right to vote.

Electoral bodies

The most important electoral body is the Federal Returning Officer, monitors, among other things, the proper conduct of the election, the Federal Electoral Committee chaired and appointed by the Federal Ministry of the Interior. In general, the Office of the Director of the Federal Statistical Office is perceived. The Federal Returning Officer for the page are available for each state of the state Returning Officer and the National Election Committee, for each constituency of the district returning officer and the district election committee and for each constituency the Electoral Officer and the Electoral Board. They are appointed by the State Government or by a specified by it. The other members of electoral commissions are appointed by the Returning Officer.

The electoral bodies are institutions of social self- organization, and thus organs of its own kind you have in a broader sense the position of the federal authorities. As the supreme national electoral authority, the Federal Ministry of the Interior is responsible for issuing the necessary for preparation and implementation of the federal election regulations of the Federal Electoral Code and the Federal Voting Machine Ordinance. The Federal Ministry of the Interior is not authorized to give orders about the electoral organs.

Determination of the candidates

Right of proposal

Constituency Nominations can only be submitted by parties of parties and voters, state lists. Parties who are not represented by at least five members in the Bundestag or a Landtag since its last choice due to its own nominations continuously need to submit nominations can, the Federal Returning Officer have displayed up to 97 days before election day, their participation in the general election and have been recognized by the Federal election Commission as a party. Nominations must be submitted no later than the 69th day before the election, namely state lists at the regional returning officer and district election proposals to the District Returning Officer. In the event of dissolution of the Bundestag these periods will be shortened by an ordinance of the Ministry of the Interior.

Parties who need to view their participation in the election, as well as signatures of support needed for their nominations: Each constituency nomination must be of at least 200 registered voters in the constituency, each country's list of at least 1 ‰ ( parts per thousand ) of the eligible voters of the country, but not more than 2000 eligible voters signed. The constituency nomination of a candidate not appearing for a party also needs 200 signatures of support. Parties representing a national minority, do not require signatures of support. Each voter may only sign one each constituency nomination and a state list. Signed a voter multiple constituency nominations, as is his signature in accordance with § 34 Section 4 No. 4 Federal Electoral Regulations ( BWO ) on all constituency nominations invalid; apply mutatis mutandis to the Land lists. Also, does the person who signed several constituency nominations or more national lists, according to Annex 21 to § 39 paragraph 3 BWO according to § 108d conjunction § 107a StGB.

Constituency nominations

The candidate of a party are elected in a democratic and secret ballot by the Assembly of the voting members of the party in the constituency. Also permitted is the choice of the candidate in a representative assembly, which consists of certain of the voting members of the party by secret ballot delegates. Active proposal is entitled, each voting member of the party; the nominee must not be a party member. Since the 2009 federal election, a party may field no more applicants who (also) belongs to another party. About the choice of the constituency nomination, a log shall be maintained; it must be submitted to the District Returning Officer. This checks the nomination, notified upon detection of defects, the confidant and calls on them to eliminate defects on time. Most defects can be corrected only by the end of Einreichsfrist.

The constituency nomination to appoint a trusted person and an alternate who shall be entitled to submit statements to the District Returning Officer.

A constituency nomination may be withdrawn by joint declaration of the two confidants or by declaration of the majority of the signatories of the nomination. By declaration of the two confidants also the person proposed to be amended, unless the originally Proposed loses its eligibility or dies. If the election proposal already approved, it may not be withdrawn or modified.

Where a direct candidate before the election, the election in the constituency is canceled. No later than six weeks after the general election date it is re-scheduled ( § 43 BWahlG ) so that the party of the late direct candidates may nominate a replacement candidate. If this is organisationally possible, the election may take place simultaneously with the main choice. The election shall be held under the same rules as the main choice; in particular can not always dial between main and by-election who has reached German.

Land lists

After the federal election law establishing the state lists are generally analogous to the preparation of the constituency nominations. In addition, specified that the order of the candidates on the state list must be determined by secret ballot.

For the designation of persons, or the change in the state list of the requirements for constituency nominations shall apply accordingly.

Electoral system

The voter has two votes. The federal election law distinguishes the two voices as first vote and the second vote. However, these terms are indicative of neither a rank ratio among the voices still a logical sequence in a proper electoral process. Erroneously referred to in surveys about 63 % (2005) to 70 % (2002 ) of the electorate, the first vote as more important. It is true that each part of the voter has its own function.

First vote

With the first vote of the voters elect a direct candidates of his constituency who applies there for a direct mandate in the Bundestag. In each constituency, the candidate with the most votes is elected. Event of a tie to be drawn from the District Returning Officer by lot. The first vote is the personalization of choice. Because there currently exist 299 constituencies, 299 seats in the Bundestag are awarded to the candidates elected in each of the circles. However, it is not determined by the first vote, the strength of the parties in the Bundestag. For each direct mandate in a state a list mandate the party get there is generally less.

The delimitation of constituencies is determined by a system for federal election law. The constituency boundaries should not cut borders and the number of residents (excluding foreigners ) shall not differ by more than 25 % from the average of all constituencies.

Second vote

The second vote is the authoritative voice for the distribution of seats in the Bundestag. With it, the voter selects a party whose candidates are compiled on a national list. All 598 proportional representation seats are allocated according to their second nationwide vote totals to the parties that unite nationwide either at least 5 % of the valid second votes or ( on the first vote ) at least three direct mandates gain (see restrictive clause ). The distribution of seats was made since the general election in 1987 after the Hare - Niemeyer method. Since the law amending the election and deputies law of 17 March 2008, the Sainte-Laguë/Schepers is applied.

The proportion of Bundestag seats a party is thus roughly to their share of votes obtained. Distortions caused by the restrictive clause. According to § 6 para 1 sentence 2 BWahlG the second votes of the voters are excluded from the allocation of seats, who voted with their first vote for a successful candidate who has either not been established by a party that is also a candidate with a national list, or (this is only since 2011 ) was established by a party that has failed because of the restrictive clause. With this control, a de facto two-fold influence of these voters is to be prevented on the composition of the Bundestag.

The PDS won in Berlin in 2002 two direct mandates, but failed in their second vote share of 4.0 % in the restrictive clause. The second vote of the voters of this direct candidates were still counted, since in this case both directly elected representatives of a party belonging, which had filed a country list in the State concerned. The Federal Constitutional Court has drawn the legislature, in its decision of 23 November 1988 on the appropriate loophole in federal election law. The wearing of the legislature in 2011 account by future even then the second vote does not count if the voter with the first vote the successful candidates of one party chose, which failed at the restrictive clause.

Abstention, invalid votes

The federal election law does not contain explicit abstention; a lack of labeling on the ballot counts (separately for first-and second voice ) as an invalid vote.

Votes are invalid if not indicated beyond doubt the will of the voter or the ballot contains an addition or qualification, or is not made ​​officially. When ballots that are valid for a different constituency of the same federal state, only the first vote is invalid since the 2009 federal election.

Invalid votes have on the distribution of seats just as little effect as votes not cast.

In the financing of political parties affects an invalid vote as a non- voter: the parties obtain for them any money. But after the party funding is capped and the maximum total amount is exhausted on a regular basis, the difference with the valid votes for participating in the financing of political parties parties in practice is low. Tend to benefit from less valid votes the parties with an above-average amount of donations (including membership fees ), as this leaves more money for the donations bonus left.

Restrictive clause

Restrictive clause is the umbrella term for the five- percent hurdle and the basic mandate clause.

According to § 6 para 3 BWahlG federal mandates on the state list will be awarded only to parties that achieve at least 5 % of the nationwide valid second votes. Alternatively, it is sufficient if a party wins at least three direct mandates (basic mandate, direct mandate or alternative clause). In this case, it still receives proportional mandates to their second votes count. The second votes for parties that overcome neither the lock nor the basic mandate clause will not be taken into account when balancing ratio ( proportional distribution of seats). The basic mandate clause preferred among the small parties those whose electorate is regionally highly concentrated, such as the PDS in the general election in 1994. Garnering only 4.39% of the second votes, but four direct mandates in Berlin and received 30 seats in the Bundestag.

The restrictive clause is intended to prevent fragmentation of the parliament.

Political parties of national minorities, such as SSE, which has participated in a federal election in 1961, are exempt from the locking clause. As a national minority only incumbent minorities such as Danes and Sorbs, but not immigrants, such as Turks are.

Seat Distribution 1956-2011

First, the total number of 598 seats ( in the elections in 1957 and 1961 there were 494 seats in the elections from 1965 to 1987 496, in the elections in 1990, 1994 and 1998, 656 seats), the number of successful independent direct candidates (those, there were only ) and successful direct candidates of political parties taken off in the general election in 1949, who had not managed as such a place in the Bundestag (this was only in the general election 2002 ), or for which no national list had been admitted in this state ( in this case there was never ).

The remaining seats were ( then to 1985 by D' Hondt method until 2008, following the Hare - Niemeyer method) distributed according to the nationwide second vote results after the Sainte-Laguë/Schepers proportional to the Parties representing at least 5% of the second votes nationwide or at least three direct mandates had won. Then the determined number of seats were distributed to each party by the same procedure according to the number of votes in proportion to their second national party lists.

Thus arose how many of proportional mandates accounted for the different parties in each country. Was this number is greater than the number of won by the party in the country directly elected seats, the party were allocated the remaining seats on their country list in the order laid down therein, with candidates who were in their constituency ( in whatever state ) elected directly skipped, were.

Won a party in a country more direct mandates proportional representation mandates, nevertheless attracted all constituency winner in the Bundestag. The difference is called overhang mandates; The Bundestag has grown by their total number. Compensatory seats were not awarded. The number of overhang seats was up to the reunification low ( at most 5, several times there were not any ), in the elections from 1990 to 2009 it varied between 5 (2002 ) and 24 in 2009.

Reform of the allocation of seats in 2011

In the force since 1956 seat allotment procedure negative voting weight could occur due to the sub-distribution in connection with the overhang mandates. The judgment of the Federal Constitutional Court of 3 July 2008 declared it unconstitutional: § 7, paragraph 3, sentence 2 in conjunction with § 6 para 4 and 5 BWahlG contrary to Article 38 paragraph 1 sentence 1 of the Basic Law, " in so far as this makes it possible that an increase in the second vote to a loss of seats in the country lists or loss of the second votes to an increase in seats of the regional lists may lead. " the legislature has placed an amendment to the Federal election Act until 30 June 2011.

A worn only by the factions of the CDU and FDP new regulation came into force on 3 December 2011. After the seats were distributed in the Bundestag in the first step on the countries and only in the second step within the countries on the parties, exactly opposite of until then. The distribution of seats among the individual countries should be done in the countries according to the number of voters. Overhang mandates were as incurred until then. More seats could get 2a BWahlG parties in the so-called surplus votes recovery after the newly introduced § 6 para. Their number should be calculated as follows: The second votes that did not lead to win one (additional) seat in the state lists a party were nationwide, added, divided by the " in the electoral area for one of the available seats required second votes " and rounded to the whole number. The additional seats went to the provincial lists with the greatest vocal groups, but primarily at the provincial lists with overhang mandates. Since from the legal text emerged nowhere, as was to be calculated " in the electoral area for one of the available seats required second votes " and also was not clear how the votes remains to be calculated, there was considerable confusion here.

Against these changes 214 MPs of the parliamentary groups of the SPD and the Greens have the Federal Constitutional Court requested an abstract norm control, collected 3063 represented by Prof. Matthias Rossi complainant jointly constitutional complaint and the party Alliance 90/The Greens made ​​an application in organ litigation pending. In its judgment delivered on July 25, 2012 decision, the Federal Constitutional Court declared key provisions of the allocation of seats on the ground that they violate the principles of electoral law equality and immediacy of choice and equal opportunities of the parties. It was objected to the following in detail:

  • It can also lead to negative voting weight - and "at least approximately the same magnitude " as in the previous election.
  • The number of overhang seats can " pick up the basic character of the general election as a proportional representation " and was limited to a "maximum permissible limit of about 15 overhang seats " (half strength fraction ).
  • The remaining votes recovery was declared unconstitutional because of their " can not take part, each voter with the same chances of success. "

The Federal Constitutional Court continued unlike the situation in 2008 is no deadline for new rules, so there was initially no applicable federal election law more.

In addition to these controversial changes an inconsistency has been eliminated. In the future, do not count not only the second votes of those voters voting with the first vote in the constituency a successful candidate who was indeed set up by a party occurring with a country list in the country, but this party fails due to the restrictive clause.

Distribution of seats as of 2013

In October 2012, Union, SPD, FDP and the Greens agreed to a revision of the allocation of seats, which was adopted by the Bundestag on 21 February 2013, and entered into force on 9 May 2013. Overhang mandates are therefore balanced and proportional distribution of seats at the federal level are guaranteed. The allocation of seats in the future as:

  • Step 1: In each constituency is (as before ) the candidate with the most first preference votes directly elected.
  • Step 2: Stick to the distribution of seats after the second vote - as before - the parties out of consideration, which have neither 5 % of the valid second votes nationwide have won three direct mandates ( restrictive clause does not apply to political parties of national minorities). The distribution of seats after the second vote is initially separated by country. 598 seats are distributed proportionally to its population (excluding foreigners ) to the Sainte- Laguë method on the countries. This calculated number of seats per country will be distributed in accordance with their second vote also for the Sainte- Laguë method is proportional to the parties. If a party has won more constituencies than it hereunder entitled seats, seat number of the party is raised to the number of constituencies won by her. The number of seats awarded in the country increases accordingly.
  • Step 3: For each party, the number of in individual countries allotted to them seats ( step 2) is added nationwide. The calculated number is the minimum number of seats the party.
  • Step 4: the seats are distributed proportionally in the Bundestag after the Sainte- Laguë method on the parties who have overcome the restrictive clause on the basis of nationwide attributable to them second votes. Here, the number of seats is raised so far over 598 issues but each party has reached its minimum number of seats.
  • Step 5: The party of the nationwide rightful seats are distributed according to the Sainte- Laguë method on their country lists, but each country's list receives at least as many seats as the party has won the country constituencies. The number of seats for the national list may be smaller than previously on the basis of seat quotas of countries (step 2) calculated. The seat distribution from step 2 is thus merely a calculated intermediate step.
  • Step 6: If the number of seats for the country list is larger than the number of won by the party in the country direct mandates, the remaining seats (as before) are filled through the country list in the order laid down therein. Selected early in the constituency candidates remain out of consideration.

In two practically rarely or never occurring cases arise (essentially as previously) the following modification of the distribution of seats:

  • If in constituencies candidates directly elected that were not prepared by a party or established by a party who either failed because of the restrictive clause or for which no national list has been approved in the state (since 1949 this came only in the general election 2002 ) decreases the number of seats to be allocated in each country and at the federal level to which the restrictive clause skipping parties accordingly. The second votes of voters who gave their first vote such candidates will not be considered in the allocation of seats, but they are included in the calculation of the 5% hurdle.
  • Where a party has more than half of the second votes attributable to all to be considered in the allocation of seats parties ( in this case there has never been ), but not the absolute majority of seats in the Bundestag, will the party allocated more seats until they complete the has reached majority.

The new allocation method can result in a significant increase in the Bundestag. Would have been elected in the 2009 federal election with this method, the Bundestag would have been 671 instead of 622 members. With the possible surplus seats coherent negative voting weight can no longer occur, but similar effects are possible. In the federal election 2009 8000 second vote would have led more for The Left in Hamburg to a seat less for this party when using the new assignment procedure.

Verification

Within two months after the election can be requested by any voter choice exam. According to settled case law of the Federal Constitutional Court of the Elections Committee of the Bundestag must reject an appeal if the distribution of seats would not change even assuming the objection. The selection board will examine only the correct application of federal election law. The same A possible unconstitutionality is not determined by it.

If the objection is rejected by the Bundestag, may be brought within a further two months with the Federal Constitutional Court, one elective exam complaint.

If the appeal is successful, thus ending the membership of the member concerned of the Bundestag. This may bring an action against the decision on his part.

So far, no choice examination appeal against a decision of the German Bundestag was successful, even though the judges gave a complainant in the case law.

Classification of federal election law

The Bundestag is elected for a personalized proportional representation. Sometimes this system is referred to as so-called mixed electoral system. However, this is improper, since in each state who won direct mandates a party shall be set off against their won based on the number of second votes proportional mandates and any difference is made up with candidates of state list. It is a associated with the persons choice of proportional representation. As a so-called mixed electoral system, however, the grave electoral system can be described, in which a certain number of deputies after a system and the remaining are elected independently of this, according to another system without between the two systems mandate allocations are made.

Discussion about the introduction of the trench or the electoral system

The end of 1955 put the CDU / CSU together with the German party draft grave electoral system before, after 1953 already was a similar attempt. Then 60% of the seats should have been determined by a majority vote and only 40% by proportional representation. But this attempt Adenauer to end the dependence of the CDU / CSU and FDP of the choice to reduce the chances of the SPD failed.

At the start of the first Grand Coalition (1966-1969), there were strong currents within the Union and the Social Democratic Party, from the system of proportional representation, which it had been since 1949, to depart and to apply for the following federal elections rather a majority vote. A letter of intent was even enshrined in the coalition agreement. The FDP, which would, however, threatened to launch this franchise the end of its existence, protested. Finally, the majority vote but failed the opposition of the SPD, which ultimately saw no increase in their power opportunities in his introduction. Then Interior Minister Paul Lücke ( CDU ) occurred on 2 April 1968 by his office. Since then, there have been no attempts to introduce a majority voting system in Germany.

History of federal election law

The electoral law in force for the parliamentary elections in 1949 was changed significantly over time. As the Parliamentary Council could not agree on a constitutional codification of the electoral system, the Federal Electoral Law was enacted by the Prime Minister of the country. The right to vote had, who, who had completed 25 years of age 21 years of age, be eligible for election.

The legal size of the Bundestag was 400 deputies plus any overhang seats. The Federal territory was divided into 242 constituencies, was where chosen as under the current law ever a candidate for the principle of relative majority. Following two overhang mandates, the Bundestag was composed of 402 deputies.

Each state formed an independent electoral area; the number of representatives of a federal state was therefore (apart from surplus seats ) determined in advance. Accordingly, the five-percent hurdle and the basic mandate clause was (already a direct mandate was sufficient for entry into the Bundestag ) only nationwide.

There was a Congruent suffrage. With this one voice of the voters chose a provincial party list, while a direct candidates of his constituency, which was established by the appropriate party. The voters thus had no possibility of personal or direct candidates and parties voice or voice list separately ( independently ) give each other. The voters of an independent candidate had direct contrast to the current two votes system is not the opportunity to vote for a party to have given away with the risk of his voice in failure of the candidate.

In the event of the retirement of a direct candidates from the Bundestag had to be re-elected in the constituency. This happened 14 times.

The allocation of proportional seats took place after the small parties discriminatory D' Hondt method. The disadvantage smaller parties worsened considerably by the only statewide seat allocation.

Federal Elections Act 1953

At the parliamentary elections in 1953 for the first time after a legal act adopted by the Bundestag itself (Federal Election Law ) has been selected. This law contained some significant changes compared to the old electoral law:

The two votes system with the possibility of vote splitting has been introduced. The restrictive clause was not applied separately for each country, but nationwide. This had major implications for small parties. In the elections of 1957, for example, the BHE has not reached nationwide with 4.6 per cent of second votes, the five-percent hurdle. But as he had in Schleswig -Holstein, Lower Saxony, Bavaria and Hesse the more than five percent, he would have had, according to the old rules from before 1953, at least for these countries federal deputies. Conversely, however, received the FDP in 1957 nationwide 7.7 percent of second votes in Bavaria only 4.6 percent. According to the old rules, they would have had to give up so the deputies from Bavaria.

On political parties of national minorities, the restrictive clause was not applied; nevertheless the SSW did not succeed in re-entry. The number of proportional representation seats increased from 400 to 484 - while maintaining the number of constituencies from 242, so that the Bundestag has since equal number disregarding additional list seats as a result of surplus seats with direct and list seats. The number of the Berlin parliament increased from 19 to 22 In the case of retirement of a direct candidates from the Bundestag had to be no longer elected from now on in the constituency, as the runners nachrückte on the relevant country list.

Federal Elections Act 1956

During the election laws in 1949 and 1953 respectively were only for the upcoming federal election, a permanent settlement was introduced by the Federal Electoral Act 1956. Major changes compared to 1953 were the introduction of postal voting, raising the electoral threshold to 5% of the second votes nationwide or three direct mandates ( instead of the previous one direct mandate ) and the introduction of an upper distribution of seats at the federal level. This won at the federal level seats were distributed to the regional lists of the parties, which could result in combination with previously possible surplus seats to a negative voting weight. The number of seats (excluding the Berlin parliament without voting rights) initially remained at 484 and was increased with inclusion of the Saarland on 1 January 1957 by ten to 494.

Changes since 1957

Since the entry into force of the Federal Electoral Act has been amended on numerous occasions, most amendments were minor technical issues such as change of deadlines or adjustments to other laws. Significant changes were made except for the revision of the allocation of seats because of the decisions of the Federal Constitutional Court of 2008 and 2012 do not. The most important changes are outlined:

Voting age

Originally, the Constitution laid down the age limit for the right to vote at 21 years and for the passive right to vote for 25 years. An amendment to Article 38 paragraph 2 of the Basic Law, the age limit for the right to vote in 1970 reduced to 18 years, and for the passive right to vote to the age of majority may occur. At the time you acquired the age at 21. With the entry into force of the amendment of § 2 of the Civil Code on 1 January 1975, the age of majority was lowered from 21 to 18, to coincide so that the active and passive right to vote since the 1976 Bundestag elections in age.

German foreign

Were modified multiple rules concerning the right to vote for non- German living in Germany, while they have the right to stand for election always possessed since 1956. Originally, only German abroad the right to vote, who were employed in the public service and were staying on behalf of their masters abroad and members of their household. 1985 those Germans living abroad also received the right to vote, for at least three months in the Federal Republic of Germany had since 23 May 1949 ( entry into force of the Basic Law ) continuously domiciled or habitually resident and either in a Member State of the Council of Europe lived or since their departure from the Federal Republic of Germany had passed less than 10 years. 1998, the period of 10 to 25 -year extension. 2008, all German abroad were given the right to vote, ever had their domicile or habitual residence in the Federal Republic of Germany in its current boundaries since 23 May 1949, at least 3 months. This regulation has been declared by the Federal Constitutional Court in a July 4, 2012 announced decision void, so for the time being abroad German had no right to vote more. The parties represented in the Bundestag agreed to a new regulation, which came into force on 3 May 2013. It is based on the judgment of the Federal Constitutional Court. The requirements are amended those living abroad German active right that at least three months were resident or ordinarily resident in Germany since the completion of their 14th year and back is this stay less 25 or the " other reasons personal and direct familiarity with the political conditions have acquired in the Federal Republic of Germany and are affected by them. "

Size of the Bundestag

In 1964, the number of MEPs was increased by two to 496. After the reunification in 1990, the regular number of deputies 656 In 1996, the size of the Bundestag was reduced to 598, but this change did not occur until the end of 1998 into force, so that the reduction occurred only with the 2002 elections. Always the number of constituencies was exactly half of the regular membership.

Distribution of seats

The rules for the allocation of seats were not as good as amended 1956-2011. Exception was the replacement of the seat allocation process to D' Hondt by the Hare- Niemeyer method. This in turn was replaced in 2008 by the Sainte- Laguë method.

In the general election in 1990 was a different restrictive clause because a judgment of the Federal Constitutional Court of 28 September 1990, after which the situation of the recently reunited Germany constitutes a special circumstance that makes a blocking clause for the entire electoral area unconstitutional. To retract into the Bundestag, but must be satisfied that a party to reach 5% of the second votes either in the former West Germany, including West Berlin or in the new Germany. This scheme only applied to the federal election in 1990.

Among the significant changes in the distribution of seats as of 2011, see the chapter reform the allocation of seats in 2011 and the distribution of seats as of 2013.

Replacement of retiring deputy

Basically, it was always like that, be succeeded for a resigning MPs a candidate on the national list of the party for which the Retiring was elected to the Bundestag. A ruling by the Federal Constitutional Court of 1997, there were, however, then an exception if a directly elected member resigned and his party had won overhang seats in the state. In this case, from now on could not be nachgerückt as long as the party still had overhang seats in the country. This enabled the Bundestag are somewhat smaller during the election period. In the 16th electoral term (2005-2009 ) the number of members decreased from 614 to 611 Da to be allocated from the federal election of 2013 overhang mandates compensatory seats, this exception falls after the 17th legislature (2009-2013 ) continued.

Nomination rights

Since 1964, parties that require signatures of support for their nominations can only participate in the election if they have the Federal Returning Officer displayed their participation and the Federal Electoral Committee has found her party property. This finding, there were up to and including the 2009 federal election to any remedy except under the scrutiny procedure after the election. After a 2012 that came into force amending the Federal Electoral Law and the Basic Law can parties to whom the election authority was not granted by the Federal Election Commission, here to complain before the election the Federal Constitutional Court.

Candidates of other parties

Parties may since a came into force on 21 March 2008 amending the Federal Electoral Act impose any more applicants who are members of another party; This has, inter alia, means that persons who are members of several parties, no longer able to run for a party. The reason for this change was the candidacy of many WASG members on the lists of the Left Party in the general election of 2005.

Statute Federal Constitutional Court of Germany Verfassungsbeschwerde Compulsory voting Felony disenfranchisement Leveling seat German Party (1947) Christian Democratic Union (Germany) April 2 Parlamentarischer Rat Dieter Nohlen
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