Does Berlin have to vote again - and if so, how many?

Federal election 2021 - Does Berlin have to vote again - and if so, how many?

Stephan Bröchler was not yet the state returning officer in Berlin for the 2021 Bundestag election. Like many in the capital, however, he queued up to cast his vote. Before the Federal Constitutional Court, he cited "serious organizational deficiencies" as the reason why a repeat election is now on the cards. The verdict of Germany's highest court is expected this Tuesday in Karlsruhe. The reason for this is an election review complaint by the CDU/CSU parliamentary group in the Bundestag.

What were the problems?

On September 26, 2021 - parallel to the Berlin Marathon and in the midst of the coronavirus pandemic - long queues formed outside polling stations. There were too few polling booths. Some votes were cast after the actual close of voting at 6 pm. Ballot papers were incorrect or missing altogether. In some cases, the election was interrupted for more than 100 minutes. Minors and people who were not entitled to vote for other reasons ended up voting for the Bundestag.

What are the considerations regarding the scope of the repeat election?

The basis of the election review complaint is a resolution passed by the Bundestag on November 10, 2022, which decided with the votes of the SPD, Greens and FDP - the parties in power since the election - that the election should be repeated in 327 of the capital's 2256 constituencies and in 104 of the 1507 postal voting districts.

The CDU/CSU parliamentary group based its complaint, among other things, on the fact that the Federal Returning Officer had contested the election in six constituencies. However, the Bundestag did not declare the election in these constituencies invalid as a whole. The CDU and CSU are therefore calling for a repeat election on a larger scale than provided for in the ruling.

Does the court have to base its decision on this?

No. The judges of the Second Senate in Karlsruhe examine all documents independently for electoral errors and are free in their decision. The scenarios that state election director Bröchler is preparing for range from no election to a complete repeat of the election. The question of whether casting the second vote - i.e. for a party or group - would be sufficient is also open.

What aspects need to be considered?

One of the issues at the hearing in July was whether people were influenced if they voted after 6 p.m. and already knew the first predictions about the outcome. It was discussed whether long waiting times were in themselves voting errors. Photos and videos of queues on social networks, for example, could perhaps have deterred other people from voting. However, it is unclear how many non-voters did not vote because of the chaos. The Senate must also weigh up the interest in correcting the outcome of the election against the question of whether the elected parliament is protected.

When would a new election be held?

There is a deadline of 60 days after the ruling. Election Commissioner Bröchler had already mentioned February 11, 2024 as a conceivable date some time ago. This is the last Sunday before school starts again in Berlin after the winter vacations. However, the date has not yet been finalized. The election date must be announced in the official gazette.

Which electoral law applies then?

Exactly the same as in the first round in 2021. The Federal Constitutional Court only recently ruled that the underlying electoral law reform of 2020 was constitutional. The electoral law has since been reformed once again. However, this would not be applied to the repeat election.

What consequences could a repeat election have?

It is unlikely that the balance of power in the Bundestag will shift completely. However, a repeat election could have a major impact on the Left Party. The party slipped below five percent in 2021 and was only allowed to enter the Bundestag thanks to an exception: Because three of its candidates achieved direct mandates. Gregor Gysis and Gesine Lötzsch's constituencies are in Berlin. If they were affected by the re-run and one of them lost their seat, all of the Left Party's seats would be lost. The fact that the parliamentary group recently disbanded is irrelevant. Third in the group is Sören Pellmann from Leipzig.

Hasn't the election already been repeated?

No. As a result of the election mishap, only the election for the Berlin House of Representatives was repeated. The Constitutional Court there had declared this election invalid due to "serious systemic deficiencies" and numerous electoral errors. In the end, a black-red coalition replaced the three-party alliance of SPD, Greens and Left Party.

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1. The Federal Constitutional Court in Karlsruhe is expected to rule on a repeat election in Berlin due to "serious organizational deficiencies" cited by Stephan Bröchler, the state returning officer who was not yet in his role for the 2021 Bundestag election.
2. The CDU/CSU parliamentary group in the Bundestag filed an election review complaint, leading to the potential for a repeat election in 327 constituencies and 104 postal voting districts in Berlin.
3. Justice Minister Stephan Bröchler is preparing scenarios ranging from no election to a complete repeat, considering factors such as voters being influenced by poll results and long waiting times possibly deterring others.
4. The SPD, Greens, and FDP supported the decision for a repeat election in the majority of constituencies and postal voting districts, but the CDU and CSU are advocating for a larger scale repeat election than provided for in the ruling.
5. The judges of the Second Senate in Karlsruhe have the independence and authority to examine all documents for electoral errors and make their decision freely, considering various aspects such as the impact of long waiting times and the protection of the elected parliament.
6. If the election is repeated, the Federal Constitutional Court has ruled that the same electoral law used in the 2021 election will apply, meaning that the recent electoral law reform will not be utilized for the repeat election.
7. The balance of power in the Bundestag may not shift completely with a repeat election, but parties like the Left Party, which slipped below five percent in 2021, could be significantly impacted, especially if their representatives in Berlin, such as Gesine Lötzsch and Gregor Gysis, lose their seats in the re-run.

Source: www.stern.de