Leveling seat

Compensatory seats serve the coming into existence in specific electoral systems overhang seats compensate so that other parties who have received no overhang seats are not disadvantaged. It is thus achieved that the parties in parliament according to their proportion of second votes (that is, according to the proportional representation ) are represented.

Method

Overhang seats can there be when the deputies seats are allocated ( by party lists ) in both a majority vote ( direct mandates) and in a proportional representation. This method of so-called personalized proportional representation is used for example in the elections to the German Bundestag, in some states in state elections and partly in local elections.

The process of the allocation of compensatory seats is very different and is also carried out in some German states. In Lower Saxony, for example, twice the number of overhang seats is added to the original number of seats to be awarded. Then, all the calculations are repeated, as if the sum of the original number of seats. This is the balance of power are nearly restored.

History

In federal elections from 1949 to 2009, there was no compensatory seats, therefore ( and because of the restrictive clause ) corresponded to the distribution of seats in the Bundestag not necessarily the percentage distribution of second votes.

Since December 2011 was a modified method of allocation of seats for the Bundestag. In July 2012, the Federal Constitutional Court declared this method to be ineffective. The Second Senate upheld his decision constitutional challenges of parliament for the SPD and Greens as well as more than 3000 citizens.

In October 2012, finally the government (CDU, CSU and FDP) and parts of the opposition (SPD and Greens) agreed in parliament to introduce from the parliamentary election in 2013 compensatory seats for the Bundestag. The electoral reform was decided on 21 February 2013 Bundestag and by the adjustment of § 6Vorlage: implemented § / Maintenance / buzer the Federal Electoral Law.