- The Judicial Authority Maintains: Five-Percent Minimum Threshold Remains Intact
The Thuringia's High Court has dismissed an appeal by the Green Democratic Alliance (GDA), aiming to momentarily waive the 5% voting threshold for the state election happening this Sunday. The minor party aimed to guarantee that parties garnering less than 5% of the votes can likewise gain entry into the state parliament post-election on September 1st.
The limitation is established by the constitution
The court in Weimar declared the GDA's petition as inadmissible. The 5% threshold is stemmed directly from the Thuringia Constitution. The Thuringia Constitutional Court lacks the authority to provisionaly suspend this constitutional principle and the corresponding provision in the Thuringia Election Act. It remains uncertain as to when a verdict in the primary trials will be delivered.
As per the GDA, its appeal was not merely concerned with its own matters. "It is also about preventing a two-thirds majority in the Thuringia state parliament without the votes of AFD members," the party asserted in its plea to the constitutional court.
Despite the Green Democratic Alliance's argument, the Thuringia Constitutional Court cannot lower the Election to the Landtag's 5% threshold before the election on September 1st, as stipulated in the Thuringia Constitution and Election Act. Following the dismissal of their petition, the GDA will have to meet the 5% voting threshold to secure entry into the Thuringia state parliament post-election.