Constitutional Court overturns part of electoral reform of the "Ampel"
The court was approached by, among others, the Union and the Left, who could be particularly affected by the changes (Case 2 BvF 1/23, among others). The Left benefited from the basic mandate clause in the last federal election, which the "traffic light" coalition wanted to abolish. This clause ensures that parties, despite failing to clear the five percent hurdle, can still enter the Bundestag with the strength of their second vote results if they win at least three direct mandates. The regulation will continue to apply at the next federal election, according to the Karlsruhe ruling.
The Federal Constitutional Court confirmed the changes to the second vote coverage. With the reform, Bundestag seats will now be allocated solely based on second votes. This could result in some direct candidates, despite winning in their constituencies, no longer being represented in the Bundestag - which the Federal Constitutional Court did not object to.
The changes to the second vote coverage partially affect the representation of direct candidates in the Bundestag, as seats will now be solely allocated based on these votes. Despite winning in their constituencies, some of these candidates might not be represented if they fail to meet the new allocation criteria.