Quorum

Quorum (Latin for of those plural quorums ) is understood in the policy, the necessary number of votes that must be reached so that a vote or election becomes effective. Quorums are used both in the representative democracy ( elections ), as well as in a direct democracy ( in polls ) application. The term " quorum " is, however, predominantly based on votes, while often spoken in elections of a " minimum turnout ". A quorum shall ensure that no form unrepresentative majorities at a low level of participation in an election or vote. If the required quorum is not reached, the relevant election or referendum applies regardless of its outcome as " unanswered ", that is, a target may change the status quo is not being implemented regularly. Formally, this is not a rejection of the original, but usually has virtually the same consequences, which is why sometimes also spoken by a false failure.

• 3.1 General review
• 3.2 Specific criticism of certain quorums

• 4.1 Germany
• 4.2 Austria

Typology

Allen Quorenregelungen in common is that they go out of force as a 100 % reference and define based on this one to be skipped hurdle. As a reference, for example, the number of voters, the voters of the valid votes or the sum of the " Yes " - apply and " no" votes. The hurdle ( the quorum ) must be an absolute or relative amount ( a fixed number or a percentage ), which is less than define the total amount of the reference variable.

In political science a distinction is made between several different types of quorums.

Participation quorum

The " participation quorum ", also referred to as " quorum ", " quorum present " or "voting quorum ", requires a minimum participation of voters in an election or vote. In this case, the quorum may either refer to the involvement of an absolute number of voters (eg that 1,000,000 voters participate in a vote ) or to a specified percentage of the total number of voters (eg that 50 % of voters participate in a vote ).

Participation quorums can be found in the rules of procedure of all the German parliament ( Bundestag and the Länder parliaments ) and in the statutes of many clubs. In the parliaments of a quorum of 50 % is often provided in many club bylaws, a quorum of 10%. If the quorum is not reached, the voting committee is deemed not to constitute a quorum. This regulation is intended to ensure that a small minority of voters can not make decisions in the absence of the majority.

In referendums on national level of a participation quorum of 50 % for constitutional amendments, and in Rhineland -Palatinate of 25% is provided in simple laws only in North Rhine -Westphalia. At the municipal level, there are in Germany no more participation quorums. The last state of Berlin replaced in early 2010 the hitherto valid participation quorum of 15 % with a 10 % approval quorum. A minimum turnout (pronounced participation quorum ) in Germany there are neither for elections to the German Bundestag nor to the state parliaments. The Venice Commission of the Council of Europe recommended in the Code of Good Practice on the referendum, provided no participation quorums for referendums.

Even if there are participation quorums in Germany only very rarely in elections outside of parliaments, but they were selectively applied or were discussed. So in Hesse by the then Education Minister Udo Corts the full amount of financial support of the Hessian ASten was tied to the achievement of a participation quorum of 25% in the elections to the student parliament in 2004. For many student stakeholders, this change was at the time seen as an attempt to suppress the resistance against tuition fees through a financial drying.

The FDP argued in its program for the 2009 federal election for the introduction of a " choice quorum " designated 50 - % participation quorum in the formation of works councils from. Only then, when half of all employees of a company, which participate in the appropriate choice, a council should ever be established. The FDP wanted to relieve the middle class so that from the "cost of participation ". On the part of the unions, the proposal was criticized as an attempt to the repeal of workers' rights (see also following under review).

Approval quorum

The " approval quorum ," isolated referred to as " quorum consensus ", requiring the consent of a certain percentage of votes. Depending on the formulation of the approval quorum serves as a reference (100 %) the number of voters or of those present. In a referendum with an approval quorum of 25 % of the voters, this means that a quarter of voters must approve the referendum the template, otherwise it is considered as unanswered. Regardless need to accept the submission, of course, more "yes" votes are cast as " no" votes. The quorum is always an additional hurdle, not a substitute for a majority.

In the German Bundestag, there are constitutional amendments for an approval quorum of two-thirds of the deputies; this is also referred to as " two-thirds majority " or " constitutional amendment majority."

In referenda see eleven states regularly an approval quorum for ordinary laws before, the height between 15% ( NRW) and 33.3 % (Baden- Württemberg, Mecklenburg- Vorpommern) fluctuates. For constitutional amendments, a 50 % Zustimmungsquoren is very often provided. At the local level, ie in public decisions, see the municipal regulations of 14 federal states Zustimmungsquoren between 10% ( Bavaria and Thuringia ) and 30 % ( Bremerhaven, Rhineland -Palatinate, Saarland ) ago. The Venice Commission of the Council of Europe recommended in the Code of Good Practice on the referendum, provided no Zustimmungsquoren in referenda.

Rejection quorum

The " rejection quorum " is the mirror image control to the " approval quorum ". This means that the rejection of a submission is made only when the opponents of the proposal can unite not only the majority of the votes cast, but also a certain percentage of the total votes. As a reference value ( 100%) can be here, just as with the approval quorum, subject to the number of voters or of those present. Due to the prevailing understanding of democracy in Germany that always namely the change and not the maintenance of the status quo a reason (read: a support by a majority of all voters ) need, is a pronounced " rejection quorum " in Germany virtually anywhere application.

Anti- proportional quorum

An "anti- proportional quorum " or " variable quorum ," does not come from established Quorenhöhen, but based on the degree of participation in an election or referendum. The higher the level of participation fails, the lower the quorum to be skipped. The model has been developed by political scientists Thorsten Huell and should receive, without showing the sometimes serious drawbacks of the existing method, the desired protective effect of a quorum. Since the degree of participation is the basis, such a variable fixing the Quorenhöhe can only be done in a consent or refusal quorum. Correspondingly, as a reference (100 %) are the number of voters or of those present.

A " variable quorum " in the developed by Thorsten Huell form is provided instantly with any public election or referendum in Germany. However, there are in Bavaria and Thuringia for public decisions a graded according to the population of the municipality approval quorum of 10 to 20%. This regulation is to take account of the fact that it is more difficult with increasing size of a municipality to mobilize the population to a local referendum. So for that reason, graded according to population, for larger cities a lower quorum.

Other Quora

• With the reform of the right to petition on September 1, 2005 and the introduction of online public petitions to the German parliament a petition quorum was established. If a petition is 50,000 Mitzeichner in four weeks, it must be dealt with publicly ( unless a two-thirds majority of the Petitions Committee speaks out against it ). For parliamentary citizen initiatives at the Austrian National Council a petition of 500 signatures quorum is intended for treatment of the Petitions Committee. In contrast to the quorum for elections and referendums, the petition quorum therefore not related to the acceptance, rejection or lack of treatment of a template, but only on the further course of the proceedings.

• For citizens' initiative and referendum, a signature is valid quorum. So an absolute or relative number of voter signatures must be collected in order for a citizen or referendum may be brought about by a desire. This is to ensure that matters are presented to the entire electorate to decide, are of general social relevance. Although the height of the signature quorum is often a central point of contention in the political debates about the concrete form of direct democracy, its fundamental necessity is questioned by either side. The amount of Unterschriftsquoren varies in Germany, depending on the province and the political level, with citizens' between 2% and 15 % (see overview ) or petition between about 4 % and 20%.

• A special type of quorum, the quorum woman, which is Germany's treatment, especially in intra-party elections in the CDU. The Greens has been a women's quota decided in 1979: at least half of all offices should be held by women. The SPD decided in 1988, a 40 - % quota for women in offices and mandates.

Criticism

Ignited on the question of approval or rejection of quorums and votes in elections in Germany a polyphonic debate. Somewhat simplified form different conceptions of the concept of "democratic majority", the basis for this. At the core is the question of whether democratic legitimacy of an election or is given only by the majority of the voters or already by the majority of the voters voting results.

Proponents of quorums relate to the majority of voters and raise correspondingly the important function of quorums to avoid unrepresentative majorities forth. So it could happen that it will come to a bias in the massive mobilization of a partial public through well-organized groups, or even just by pure chance with a low turnout. The result does not represent under these conditions may be the collective will adopted the public, but just only individual " special interests."

The opponents of Quora assume that an election or vote is sufficiently legitimized by the majority of those voting. One can not proceed from a merely presumed will of the whole, but must refer to the actual expressed will of the voters. The vote authorized, the neglect to express his will in the election or vote, authorize the actively participating in the democratic process voters to decide an implicit mandate.

General criticism

About this fundamental contradiction in terms of majority quorums term are, however, also repeatedly criticized from a variety of other reasons. More generally, the assumption is often expressed that quorums, which are significant in their effects primarily for direct democracy, are directed specifically towards their ineffectiveness. Thus the failure of referendums is to Quora a quite frequent occurrence, while they hardly play a role in the work of parliaments, since here are the majorities in anticipation of a vote mostly clear. In addition prevented quorums overall social policy learning, since they would get a lot of votes quasi simulation character. The necessary for the functioning of a democratic awareness that voting results have real consequences for a society 'll undermined by quorums and conveyed a dubious dealing with democratic processes.

If you follow the democratic principle of majority rule, quorums can distort the results of votes, and even reversing it by logically considered abstentions are counted as votes against. By Quora is assumed that citizens who abstained in the vote would have voted 'no' if they had participated. This is particularly criticized as patronizing the citizens, which it were accepted cast a vote that does not correspond to the facts. Who abstain from, behaving neutral and leave the decision to the citizens who participate in the vote. Whose voice is not therefore to strike the No or Yes votes. There is thus in addition to a violation of the laws of logic, according to which the three possible answers to a question (positive, negative, neutral, or yes, no, abstention) must be strictly separated.

In addition, it is criticized that the time required for attaining the quorum number of votes was often higher than the number of votes that stood behind a government after elections and the coalition in Parliament or on local level behind the mayor and the majority in the City Council. This how popular or public decisions would for direct democratic decisions are considered higher hurdles for a vote of the people's representatives; the democratic principle of popular sovereignty would absurdity that democracy would be the demos and thus meaningless without real power.

The so-called " false failure" of a vote would also violate the democratic principle of equality of voice and equality principle that applies in Germany according to the Basic Law only for elections, but not for voting. Retrieved from " spurious failure" is when indeed true, the majority of those voting yes, but the quorum is not reached. For example, if voting in a referendum, 80 percent for the submission and only 20 percent on the other hand, the necessary quorum was not reached, this can be perceived, as if the minority upgraded to majority and devalued the majority to minority. Mathematically, this would mean that the votes of the majority would be devalued by about a factor of 0.6, while the voices of the majority by more than 2.5 times would be overestimated. This unequal rating would be higher, the higher is the difference between majority and minority. For example, the popular vote in Berlin on the Disclosure of partial privatization contracts at the Berlin Water Works nearly failed because of the approval quorum of 25 percent. This would have meant that a very large majority of 98.2 percent of the vote against a small minority of 1.7 percent of the votes cast ( void residual ) would have lost as a result of non-participation of nearly 75 percent of the voters.

Because of this difference in rating of votes in case of a spurious failure and because quorums always apply only to one side in a vote, they are also considered as discrimination.

Specific criticism of certain quorums

Apart from the basic criticism of quorums, including specific characteristics are repeatedly criticized. In particular, participation quorums develop a special momentum that brings several fundamental democracy problems. For the opponents of a proposal submitted to it, against the background of a participation quorum namely politically wiser to call their followers to abstention, so to boycott the entire democratic process.

For example: with a notional vote, a participation quorum of 50 % applies. In surveys, it is clear that 45% of voters want to speak for the presentation, 10 % against and the remaining 45 % have no opinion on this. The opponents of the bill is clear that they will be voting not only can not overrule the proponents, but to them through their participation only to successfully overcome the quorum help (45 % of the votes 10 % No votes = 55 % turnout ). The voices of the opponents of the proposal have a negative voting weight. If the opponents of the proposal will prevent the template, then they may not vote against the bill, but have to boycott the election. Select, for example, nine out of ten of the potential "no" tuner which means the vote boycott, they can prevail despite their minority position by pressing the turnout among the necessary quorum (45 % of the votes 1 % No votes = 46 % turnout ). A participation quorum may, under certain circumstances, therefore provide incentives for non-participation in democratic processes, and thus acts tend to be hostile to democracy.

However, the quite instrumentally rational boycott of the No - voters causing even more democracy problems: for example, the secrecy of the ballot is canceled in fact, as one can assume with great probability that all who participate in the vote, belong to the " yes" voters. In addition, the participation quorum of the abstention option by non-participation turns out in fact, since the abstentions is effectively a " no" vote counted. As an illustrative example of the problems described democracy the referendum to Prince expropriation of 1926 in the Weimar Republic may apply.

Also sets an approval quorum, albeit to a lesser extent, incentives to primary tactical voting. So it acts when a quorum failure at very probable, in general demobilizing on the totality of the vote guardian. Since the motivation for the proponents of a template is still mostly higher, the approval quorum may also cause the effect that the opponents of the bill are much more difficult to mobilize and, as it were " rest " on the quorum. That is, the opponent does not participate in the vote, because they go out anyway from the fact that the template will fail in the quorum. In extreme cases this can lead to an approval quorum produces exactly the distortion of the voters' will, which was originally to be avoided by the quorum.

Examples

Germany

• In the German Bundestag must be present according to § 45 of the Rules of Procedure of the Bundestag more than half of the deputies, so that this constitutional body may take decisions. The equal participation quorum applies the various state constitutions, according to present also for all German Diets. Due to the structure as concentrated on committee work working parliament the prescribed participation quorum in parliament but in fact constantly ignored. Thus, only in the respective committees so concerned MPs are present for the vote to simple decisions in most cases. If, before a vote, the quorum of the Bundestag challenged by a group, simply because is not " more than half " of the voters present, the bureau shall suspend the meeting, calls by a ringing signal all the deputies in the Chamber, and the vote is only after their arrival performed. However, this process is rather rare, as the disregard for the 50% participation quorum in parliament from all political groups represented there will be tolerated by consensus and reflect the actual working practices of MPs. Even votes with less than 5 % attendance are " not uncommon ", such as on 28 June 2012 during a European Championship semi-final.

• In Bundestag votes in some cases ( elect the Federal Chancellor, constructive vote of no confidence, confidence, rejection of an appeal by the Federal Council in not requiring consent laws ) is necessary a majority of the voting members, the so-called Chancellor's majority. So this approval quorum calls 50 % of the votes, based on the number of voters.

• For an amendment to the Constitution, a majority of at least two-thirds of the voting members of the Bundestag is necessary in Germany, the so-called " two-thirds majority " or " constitutional amendment majority." So this approval quorum calls, 66.7 % of the votes, based on the number of voters.

• In some states, different quorums are combined. Thus, for example, must be met in Baden- Württemberg amending the state constitution a triple quorum. There must be at least " two-thirds of its members " present ( participation quorum of 66.7 % based on the number of its members ), of which, in turn, must agree to " a two-thirds majority" of constitutional amendment ( approval quorum of 66.7 % based on the total number of members present ), this two-thirds majority " amount but more than half of its members must " ( approval quorum of 50 % based on the total number of voting members of Parliament ).

• Civil decisions subject with the exception of Hamburg in all provinces a quorum, the type and height of the quorum vary greatly.

• Referenda on simple laws subject except in Bavaria and Saxony in all provinces a quorum, which varies widely in type and amount. Changing Constitution referendums are subject to a quorum in all provinces.

Austria

• Be present in the Austrian National Council must be " at least one third " of the deputies, so that, for example, a simple law can be decided ( participation quorum of 33.3%).

• " At least half " of the members must be involved if, for example, adopted a constitutional law or veto by resolution is to be passed ( participation quorum of 50 % based on the total number of members).

• Constitutional laws require the consent of "at least two-thirds " of deputies present ( approval quorum of 66.7 % based on the number of voting present )

• No minimum participation is required for referenda and elections at the federal level as well as at the country level in all states except Tyrol and Vienna. In referenda at the community level participation quorums are provided only in Burgenland and in the city of Innsbruck.