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From Vote of Confidence to Early Elections

Chancellor Gerhard Schröder

Chancellor Gerhard Schröder set in motion a complex constitutional mechanism in order to have Germans go to the polls this fall in early elections. There is no provision in the German constitution specifically aimed at changing the electoral schedule.

The Chancellor officially set the process in motion on June 16 by having Minister of State of the Federal Chancellery Rolf Schwanitz inform the parliamentary Council of Elders that he would seek a vote of confidence in the Bundestag. The Chancellor then submitted a formal request to Bundestag President Wolfgang Thierse.

The Bundestag voted on the matter, on July 1, the last day before the summer recess.
Chancellor Gains Support for Early Elections Bid
(July 1, 2005)

New elections can take place earlier than scheduled, if the chancellor loses a vote of confidence, pursuant to Article 68 of the German Constitution. This article states: “If a motion of the Federal Chancellor for a vote of confidence is not supported by the majority of the Members of the Bundestag, the Federal President, upon the proposal of the Federal Chancellor, may dissolve the Bundestag within twenty-one days .” That meant that even some of Schröder’s supporters had to vote against him in order for Schröder to “lose” the vote of confidence and pave the way for early elections.

The key word in Article 68 of the Constitution is “may”. The Federal President, Horst Köhler, could act upon the Chancellor’s proposal to dissolve the Bundestag, but he had discretionary power to do otherwise. Once Köhler agreed to dissolve the Bundestag on July 21, elections had to take place within 60 days.
Federal President Köhler Dissolves Parliament and Schedules Elections
(July 21, 2005)

Court Clears Way for Elections on September 18
(August 25, 2005)

Basic Law (full text in English)

Early Elections are Rare
Early elections are highly unusual in Germany. They first took place in 1972, initiated by Chancellor Willy Brandt. He forced the premature dissolution of the Bundestag in order to secure a stable majority in the ensuing elections. The same method was used later by Chancellor Helmut Kohl, who forced early elections in 1983 by calling for a vote of confidence in which his own supporters abstained. Kohl had come into office after a constructive vote of no confidence against his predecessor Helmut Schmidt. The constructive vote of no confidence is initiated by the Bundestag rather than by the Chancellor. Kohl wanted his position to be reinforced by a popular vote, so he decided to use the mechanism of the vote of confidence. He lost by 8 to 218 votes. Germany went to the polls and voted him back for a second term.

Election Process

Federal elections are normally held every four years. The total number of seats each party receives in the Bundestag is determined by proportional representation (with a 5% threshold), designed to give minority parties a share in the legislature. The Bundestag elects the Chancellor, who appoints the cabinet. Every five years, a Federal Convention selects the Federal President.