A good fifth of the 2021 Bundestag election will be repeated

Verdict - A good fifth of the 2021 Bundestag election will be repeated

Due to numerous electoral errors, the 2021 Bundestag election in Berlin will have to be repeated in a good fifth of the 2256 constituencies. On Tuesday at the Federal Constitutional Court in Karlsruhe, state electoral officer Stephan Bröchler named February 11, 2024 as the date for this. As the traffic light coalition has a clear majority in the Bundestag, the balance of power in parliament is unlikely to change fundamentally. However, individual MPs could lose their jobs.

The Federal Constitutional Court examined the chaotic procedures in the German capital on September 26, 2021 for electoral errors relevant to the mandate - i.e. those that could affect the distribution of seats in parliament. It came to the conclusion that the Bundestag election had to be repeated in 455 electoral districts, including the associated postal voting districts - with the casting of the first and second vote. (Ref. 2 BvC 4/23)

The Second Senate in Karlsruhe found that the Bundestag had inadequately clarified the election process. It had not evaluated the transcripts of individual constituencies. The court had made up for this, explained presiding judge Doris König. Accordingly, the election was declared invalid in 31 more constituencies than the Bundestag had decided in 2022. All twelve Berlin constituencies are affected to a greater or lesser extent.

Long list of mishaps on election day

Election day on September 26, 2021 was chaotic at many polling stations in Berlin: People had to wait a long time and queue, ballot papers were incorrect or missing altogether. Polling stations had to close temporarily or remained open until well after 6 p.m. - the time when voting should actually be over. This is when the first predictions of the result are usually made.

The Bundestag received 1713 objections to the Bundestag election in the state of Berlin, including one from the Federal Returning Officer. The Bundestag decided on a partial re-run of the election with the votes of the SPD, Green and FDP parliamentary groups. In the view of the CDU/CSU parliamentary group, however, the decision was unlawful, partly because the Bundestag had not declared the election invalid in six constituencies contested by the Federal Returning Officer. It therefore filed an electoral review complaint in Karlsruhe.

Court examined possible electoral errors

Germany's highest court has now ruled that the decision was largely lawful. However, it criticized electoral errors that had not been considered in detail. However, the extension of the election rerun demanded by the CDU/CSU parliamentary group went too far, as it was not possible to clarify whether electoral errors had occurred in all cases.

The court considered electoral errors to include the fact that eligible voters were given ballot papers from another constituency and the temporary complete closure of a polling station. The Senate took a more differentiated view of long waiting times and voting after 6 p.m., which were not always electoral errors.

The Left in particular had trembled

Representatives of all parties in the Bundestag welcomed the fact that there is now clarity. Only the AfD commented: "For us, it is clear that only a complete rerun can remedy the massive shortcomings of election day." The Left Party in particular expressed relief. "The ruling makes it clear that we will remain in the Bundestag and continue to perform our role as the social opposition," former parliamentary group leader Dietmar Bartsch told the German Press Agency.

The partial rerun could not change the outcome in the two constituencies in which the Left had won direct mandates, said Bartsch. The party was only able to enter the Bundestag thanks to three direct mandates because it had remained below the five percent threshold overall. The third direct mandate was won in Leipzig.

According to SPD leader Saskia Esken, the ruling strengthens voters' confidence in the importance of their vote. She told the German Press Agency that it must be ensured that such an election is conducted without errors and is counted correctly.

Members of the Bundestag Till Steffen (Greens) and Patrick Schnieder (CDU) brought up a reform of the procedures in Karlsruhe. The two-stage procedure, in which the Bundestag first examines an election and only then the Constitutional Court, takes too long, they said.

Differences to the parliamentary elections

Due to the mishaps on September 26, 2021, the Berlin Constitutional Court declared the election to the House of Representatives invalid due to "serious systemic deficiencies" and numerous electoral errors. This election was completely repeated on February 12, 2023 - with the result that a black-red coalition replaced the three-party alliance of SPD, Greens and Left Party that had governed since 2016.

König explained that the Federal Constitutional Court did not order a complete rerun for the Bundestag elections due to the different legal bases for the constitution of different parliaments. She explained that electoral errors had occurred in the state elections, such as the use of copied ballot papers, which had not been detectable in the Bundestag election.

Berlin's Governing Mayor Kai Wegner sees the second election rerun in his city within a short space of time as a "major effort". The CDU politician explained that he had full confidence in the state returning officer Bröchler that the partial re-run of the Bundestag election would run smoothly. Bröchler himself explained in the courtroom: "So we are now beginning the implementation steps for the repeat election, so to speak, for the successful repeat election - that is our goal."

Announcement of the court Negotiation breakdown Decision of the Bundestag Information from the Bundestag on the topic Announcement of the court

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Stephan Bröchler, the state electoral officer in Berlin, announced that a repeat election will be held in a good fifth of the 2256 constituencies due to numerous electoral errors during the 2021 Bundestag election.
The German Federal Constitutional Court in Karlsruhe, presided over by Judge Doris König, concluded that insufficient clarification was provided by the Bundestag regarding the election process, which led to the declaration of invalidity in 31 additional constituencies beyond the Bundestag's decision.
The Second Senate in Karlsruhe identified electoral errors, such as inadequate evaluation of transcripts from individual constituencies, that had not been addressed by the Bundestag, causing the election to be declared invalid in more constituencies than initially determined.
The chaotic procedures on Election Day 2021 in Berlin resulted in long wait times, incorrect or missing ballot papers, and temporary closures or extended hours for polling stations, affecting the distribution of seats in the Bundestag.
After receiving 1713 objections to the Berlin Bundestag election, including one from the Federal Returning Officer, the Bundestag decided to partially rerun the election with the votes from the SPD, Green, and FDP parliamentary groups, sparking a legal challenge from the CDU/CSU parliamentary group.
The Federal Constitutional Court in Karlsruhe ruled that numerous electoral errors, including incorrect ballot papers and complete polling station closures, had occurred in the 2021 Bundestag election in Berlin, validating most of the Bundestag's decision to repeat the election, but rejecting the CDU/CSU's demand for a more extensive rerun.
Dietmar Bartsch, the former Left Party leader, expressed relief that the court's decision ensured that the party would remain in the Bundestag and continue fulfilling its role as the social opposition, affecting the balance of power in the parliament, led by the traffic light coalition.
SPD leader Saskia Esken emphasized the need to ensure that the repeat election is conducted without errors and accurately counted, highlighting the importance of voters' confidence in the significance of their votes.
Till Steffen of the Greens and Patrick Schnieder from the CDU called for reform of the procedures in Karlsruhe, criticizing the inefficiency of the two-stage process and advocating for more efficient election management.

Source: www.stern.de