Harsh consequences for leftists possible
Bundestag: Does Berlin have to vote again?
December 19, 2023, 7:37 a.m
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Stephan Bröchler was not yet the state returning officer in Berlin for the 2021 federal election. Like many in the capital, he stood in line to cast his vote. Before the Federal Constitutional Court, he cited “serious organizational deficiencies” as the reason why a repeat election is now being considered. The verdict from Germany’s highest court is expected in Karlsruhe on Tuesday. The reason is an election audit complaint from the Union parliamentary group in the Bundestag.
What were the problems?
On September 26, 2021 – parallel to the Berlin Marathon and in the midst of the corona pandemic – long queues formed in front of polling stations. There were too few voting booths. Some votes were cast after the election actually ended at 6 p.m. Ballot papers were incorrect or missing entirely. The election was sometimes interrupted for more than 100 minutes. In the end, minors and people who were not entitled to do so for other reasons voted for the Bundestag.
What considerations are there regarding the scope of the repeat election?
The basis of the election audit complaint is a resolution of the Bundestag of November 10, 2022. With the votes of the SPD, Greens and FDP – i.e. the parties that have been in power since the election – it decided that the election would take place in 327 of the capital’s 2,256 electoral districts and in 104 of the 1507 postal voting districts should be repeated. The Union faction bases its lawsuit, among other things, on the fact that the Federal Returning Officer 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 repetition to a greater extent than is envisaged in the resolution.
Does the court have to base its decision on this?
No. The judges of the Second Senate in Karlsruhe independently check all documents for election errors and are free to make their decisions. The scenarios that state returning officer Bröchler is preparing for range from none to a complete repeat of the election. The question is also open as to whether casting a second vote – i.e. for a party or group – would be sufficient.
What aspects need to be taken into account?
The trial in July was, among other things, about whether people were influenced if they voted after 6 p.m. and already knew initial predictions about the outcome. It was discussed whether long waiting times in themselves were an election error. Photos and videos of queues on social networks, for example, may have deterred other people from voting. However, it is unclear how many non-voters did not vote because of the chaos. The Senate also has to weigh up the interest in correcting the election results and the question of whether the elected parliament enjoys protection.
When would new elections be held?
There is a deadline of 60 days after the judgment. Returning officer Bröchler mentioned February 11, 2024 as a possible date some time ago. This is the last Sunday before school starts again after the winter holidays in Berlin. But the date is not yet final. The election date must be announced in the official gazette.
Which voting rights apply then?
Exactly the same thing that applied in the first run of 2021. The Federal Constitutional Court recently decided that the underlying electoral law reform of 2020 was constitutional. The electoral law has since been reformed again. However, this would not apply to repeat elections.
What consequences could a repeat election have?
It cannot be assumed that the balance of power in the Bundestag will completely shift. But a repeat election can have a major impact on the left. The party slipped to below five percent in 2021 and was only allowed to enter the Bundestag thanks to an exception: because three of its candidates won direct mandates. Gregor Gysis and Gesine Lötzsch’s constituencies are in Berlin. If they were affected by the repetition and one of them lost their mandate, all of the left’s mandates would be invalid. The fact that the faction recently disbanded is irrelevant. Third in the group is Sören Pellmann from Leipzig.
Wasn’t the election repeated long ago?
No. As a result of the 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 voting errors. In the end, a black-red coalition replaced the three-way alliance of the SPD, the Greens and the Left.