How Germany Elects Members of Parliament

On Sunday, September 27, 2009, more than 60 million German voters will head to the polls to elect the representatives of the 17th Bundestag. The Bundestag is the elected representation of the German people and the only constitutional organ elected by the people directly. Its elected representatives are organized into parliamentary groups. Parliamentary groups are formed by at least 5 percent of the members of the Bundestag and must belong to the same party or parties that do not compete with each other in any federal state.

The Bundestag elects the Federal Chancellor on the proposal of the Federal President, passes legislation in cooperation with the Bundesrat, the delegates of the federal states' governments, and keeps a check on the government’s work.

Elections

Enlarge image Each voter has two votes, one for an individual candidate and one for the list of candidates for a particular party. (© picture-alliance/ dpa) The 598 members of the Bundestag are elected in “general, direct, free, equal and secret” voting according to the principle of a "mixed member proportional representation system." Half the 598 seats in the Bundestag are allocated by direct election of candidates in the 299 districts (first vote) and the other half by means of the parties’ federal state lists (second vote). That means, that each voter casts two votes: the first vote is for a specific candidate in a given district. The winner of a majority of votes in each district represents that district in the Bundestag. The second vote is cast for a party, each of whom has presented a list of candidates in each state, known as the Landesliste.

Enlarge image The total number of seats each party receives in the Bundestag is determined by its total nationwide share of the second votes. (© picture-alliance/ dpa/dpaweb) The total number of seats each party receives in the Bundestag is determined by its total nationwide share of the second votes (proportional representation). Once the seats won by individual candidates in the first vote have been filled, the remainder of a party’s allotment is filled from its list of selected candidates in each state, the Landesliste, starting with the top of the list. Therefore, candidates placed high on their party’s list in their home state are assured seats in the Bundestag even if they fail to carry their home districts in the first vote.

The 5-percent clause

Proportional representation is designed to give minority parties a share in the legislature. In this regard, the system benefits smaller parties and prevents the kinds of landslides that occur under majority representation. However, a party must obtain at least 5 percent of all second votes cast or carry at least three electoral districts to qualify for proportional representation in the Bundestag. The 5-percent clause is designed to prevent the proliferation of small parliamentary parties and the unstable, fragmented coalitions that existed in the Weimar Republic (1919-1932).

Enlarge image Political parties are increasingly using the Internet to reach voters. (© picture-alliance/dpa) If a party wins more direct seats (according to the first vote) than it would be entitled to under proportional representation (according to the second vote), it keeps those seats, and the size of the Bundestag is increased accordingly. The extra seats are known as “overhang” seats (Überhangmandate).

Every four years

Candidates for the Bundestag must be German citizens 18 years of age or older. They are nominated by state party caucuses and elected either as individual candidates in specific districts or from a state party list. There are no primaries.

The Federal Republic of Germany holds national elections every four years. Special off-year elections for a new Bundestag can be called if an incumbent Chancellor loses a vote of confidence in parliament and asks the Federal President to dissolve the Bundestag. A Chancellor may request such a vote if he or she lacks a legislative majority in the parliament and decides that effective governance is no longer possible. The President must honor the Chancellor’s request for dissolution of parliament within 21 days unless the majority of the Bundestag elects an alternative Chancellor.

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