GERMANY

The electoral process of Germany’s federal and state governments represents a compromise of two systems: The British and American preference for single-member, direct elections and the prevailing German practice of multiparty representation. The resulting hybrid system is called mixed-member or personalized proportional representation.

In 2001, universal suffrage in the German Federal Republic celebrated 52 years of elections that are general, direct, free, equal and secret. German voters take an active interest in exercising their legal authority to participate in the democratic process. Voter participation remains high, at 85-90%. Though they may have far fewer choices on the actual ballot than Canadians or Americans, the German electoral system is one of the most complicated in Europe and even in the world.

General and direct elections by secret ballot were adopted for the first time in German history in the April 1867 electoral law of the North German Confederation. These elections were embraced by the Reichstag in May 1869 and the German Reich in April 1871. Only men could vote.

A more truly democratic electoral law was established in November 1918 by the government of the Weimar Republic (1918-1932). It upheld the basic principles of direct and secret general elections for the constituent assembly. Also in 1918, German women were granted the vote. Only citizens aged 20 and over could vote.

The system of proportional representation (PR) was a hallmark of the Weimar government. Legislative seats were allocated on the basis of a party’s proportion of the popular vote. If a party received 10% of the popular vote then it received 10% of the legislative seats. This system eventually perpetuated the growth of several splinter parties and decreased the importance and accountability of a representative to his/her electoral district. One of these splinter parties, the Nazi Party, was able to gain enough of the popular vote in the 1932 elections to topple the Weimar government. In 1933, Adolf Hitler, leader of the Nazi Party, was named Chancellor of Germany. He implemented a one-party, single-list referendum instead of continuing the general and direct elections. This centralizing of all government operations was commonplace among autocratic regimes of the 20th century.

In 1949, after the ravages of World War II, Germany was split into the Federal Republic of Germany (FRG) and the German Democratic Republic (GDR). The FRG was known as West Germany because of its occupation, at the end of the war, by the Western Allied Forces of France, Great Britain and the United States. The GDR was known as East Germany because of its domination by the Russian Communist forces after the war. The mandate of the FRG was to draft a constitution for its people that would reinstate free elections as a fundamental principle of parliamentary democracy. This constitution became known as Basic Law, or Grundgesetz, and was passed on May 23, 1949. The government of the GDR loosely adopted the principles of the Basic Law and conducted its own version of “democratic-and-free” elections until unification in 1990.

The designation of the electoral system and its actual procedure are prescribed by Basic Law but they are regulated by the Federal Electoral Law, passed in 1956 in West Germany. These regulations are enforced by the Federal Constitutional Court and preserve the free state and the renewed parliamentary democracy in the FRG.

The Federal Electoral Law mandated the proportional representation system and the personal, direct election of candidates. This new mixed system was called personalized proportional representation. Between 1949 and 1961, parliamentary life in West Germany became simplified as electors concentrated their votes within the three major parties:

Voter trends in West Germany, in its first 20 years, favoured a bipartisan government and most members of the legislature ended up belonging to one or another of the main groups, as shown in the chart below.

Year	CDU/CSU + SPD + FDP (in per cents)	CDU/CSU + SPD (in per cents)
1949	72.1	60.2
1953	83.5	74.0
1957	89.7	82.0
1961	94.3	81.5
1965	96.4	86.9
1969	94.6	88.8
1972	99.1	90.7
1976	99.1	91.2
1980	98.0	87.4
1983	94.0	87.0
1987	90.4	81.3
1990	88.3	77.3

According to Basic Law, all persons at least age 18 on election day, a German citizen for at least one year and a resident in the electoral area (or polling district) for at least three months are allowed to vote. Their names must appear on the voters’ register in their polling district, or they must have a polling card giving them permission to vote in another electoral area. It is the voter’s responsibility to apply for a polling card in advance of election day. Special mobile polling districts are set up for hospitals, senior citizens’ home, nursing homes for the elderly, convalescent homes and other establishments where there will be a sizeable number of persons who are eligible to vote but are unable to attend a regular polling station.

Basic Law states that every German citizen, irrespective of religion, race, education, gender, wealth or the amount of tax paid, has the right to vote in elections. This is sometimes referred to as a classless system of voting. On the other hand, no one is obliged to vote.

Germany allows postal ballots for its citizens living outside the country. These citizens are responsible for making their own application to register for the voters’ list in the community in which they were registered directly before leaving the Federal Republic, and to submit their ballot on time. A new application must be submitted for each election. Eligibility is determined in the same way as for citizens residing in the country. Initially, Germans living abroad in a Member State of the Council of Europe were entitled to vote only during the first 10 years from the time that they left the Federal Republic. In 1985, the Federal Electoral Law was amended to extend this privilege indefinitely. Those citizens living abroad in a country outside the Member States of the Council of Europe are entitled to participate in the Federal vote during the first 25 years since their departure. Immigrants to Germany are granted residency but not citizenship therefore they are not allowed to participate in the election process.

The right to vote for German nationals living abroad is a privilege included in the Federal Electoral Law. Statistics show that an increasing number of these citizens are exercising their right to the postal ballot.

German citizens are required to cast two votes on each ballot. On the left side is a list of individual candidates from the district or constituency (Wahlkreise) and the party which they represent. This is the First vote. Voters must check their choice for ONE candidate. On the right side of this same ballot is shown the Länd lists (also called Listen). The parties are listed (in the same order as they appear on the left side) in bold type followed by the names of up to five national or regional candidates. This is the Second vote. Voters must mark their choice for ONE of the parties. The sequence of the candidates names is fixed by the party and cannot be changed by the voter.

The First vote, or Erststimme, is also known as the Majority vote, the uninominal vote or “first-past-the-post” (winner-take-all). The candidate who polls the most votes is the winner.

The Second vote, or Zweitstimme, represents the “popular” vote and determines the actual seating arrangement and power relationship of parliament.

Voters are free to vote for different parties. Their choice for the First vote may differ from their choice of party affiliation on the Second vote.

Voting is conducted in secret and all elections are direct. There are no delegates or electoral colleges involved at the polls. Voters must be able to cast their ballot without any coercion or pressure. Voting is conducted at designated polling station in the various polling districts. Basic Law guarantees that all votes carry the same weight, that all elections are free and secret and that any violation is subject to prosecution. All polling is public, as is the counting of the ballots and the reporting of the election results. Voting must occur on a Sunday or on a statutory public holiday. Generally, polling stations are open between 8 a.m. to 6 p.m.

Calculations for tabulating the voting are based on a method developed by the German mathematician Niemeyer. Below please find an example based on a fictitious Länd (federal state) with 31 seats in the Federal Parliament where a total of 36,900 votes have been cast:

Only those parties winning 5% of the Second vote, or have 3 candidates win their individual seats in the First vote, gain representation in the government. The are two exceptions to this rule. One is the Green Party, who in 1983, became one of the only small parties to gain recent representation in the federal legislature. Their popular vote was below 5% but they had more than 3 individual candidates win their First vote. The other is in the case of national minorities such as the Danish minority represented by the South-Schleswig Voters’ Association. Its candidate sits in the state parliament of Schleswig-Holstein even though he obtained fewer than 5% of the First vote.

This clause was included in Basic Law to ensure that only major parties are represented in the government at the federal, state or municipal level. It was accepted by the Federal Constitutional Court in order to prevent the repeat occurrence of a tiny splinter party from entering the federal legislature, as did the Nazi Party, and taking over. This clause enables the larger parties to obtain majorities or coalitions that allows them to govern and attend to the business of the state.

The number of seats in the Lower House of the Legislative Branch of the Federal Government may temporarily increase after any election due to the hybrid voting system. The Üeberhangmandate, or overhang seats, occur when a party wins more seats in the districts on the First vote than it is entitled to, according to the result of the popular vote calculation. In other words, it is possible to have all of the deputies elected on the First vote sit in the House. These votes are not disregarded. The winning candidate’s name is simply removed from the party’s list appearing on the Second vote. No additional names are added to that list after the election. This procedure maintains the apportionment of seats to reflect the share of the popular vote obtained by the parties.

The main legislative body of the federal parliament boasts the largest membership. After the 1998 elections, there are 669 members of which 207, or 30.9%, are women. Normally, there are 656 deputies in the Lower House: 328 elected in the First vote and 328 elected in the Second vote. The addition of 13 seats in 1998 represents the ‘overhang’ seats gained in the First vote.

At the inception of Basic Law in 1949, the Bundestag was composed of 402 deputies of which 60% were elected by single-member direct ballots and 40% were selected by proportional representation. The ratio was changed to 50% from each system in 1953 when the second Electoral Law was under consideration. The number also was increased to 484 seats to prevent redrawing of some of the electoral districts. This number again increased in 1957 to 496 and remained the norm until the 1990 unification of East and West Germany. Currently, these Bundestag deputies represent 16 federal states (Länder), eleven from West Germany and 6 from East Germany.

On average, each constituency has about 222,000 German residents. Federal Electoral Law sets out guidelines for determining the electoral boundaries. The average population in a constituency may not be more than 33 1/3 % more-or-less than the above average figure of 222,000, the limit for population discrepancies. If the numerical divergence is greater or less-than this average, the constituency boundaries have to be altered, as has often been the case.

Until 1999, the legislature met in Bonn. The former Reichstag, seat of government during the Hitler Reich in Berlin, was badly damaged during World War II and has been under renovation for most of the 1990s. The intent was that the Bundestag and the Bundesrat would relocate back to the capital city. The Bundestag moved in 1999 and the Bundesrat members moved in August 2000.

Bundestag candidates are elected for a four-year term. There is no restriction on the number of terms to be served. The deputies’ term ends when the new parliament convenes. All candidates are entitled to whatever leave from work is necessary for their election campaign to ensure that all of them have equal opportunities. Federal Electoral Law also states that no candidate can be given notice or dismissed from employment while sitting as a member of the Bundestag. Anyone who is eligible to vote can stand for office.

The new Bundestag must assemble on the 30th day after the election, at the latest. New elections must be held between 45 and 47 months after parliament’s first meeting.

Coalition governments are allowed when none of the parties wins an absolute majority of votes. Coalitions consist of two or more parties who have agreed on the new government’s priorities. The CDU/CSU, who have shown the most strength in elections, have also been the most consistent coalition.

Party campaign funding is strictly regulated. Candidates do not have to be rich to get elected since it is the responsibility of the party to fund the campaign. Parties must make public any donation that exceeds Deutsche Mark (DM) 20,000 (about $11,500). Parties rely on other sources of income, like property rentals, membership dues and investments. As well, parties receive public grants to finance election campaign costs. All parties polling at least .5% of the total number of votes in the national election (or 1% in a state election) gets DM 1.30 (75 cents) per vote. For example, the bill to taxpayers in the 1994 general election, when 47.7 million Germans went to the polls, was DM 62 million ($35.4 million). This is a fraction of the funds spent in American elections, for example.

Candidates’ main means of campaigning include posters and billboard ads, leaflets, brochures, direct mail, party rallies, whistle-stopping and knocking on voters’ doors. Television advertising is considered a secondary venue even though it is virtually free (except for production costs). The two national public networks and the state-regional “third programs” are required to give the parties time during their regular evening advertising slots and after the news shows. The better a party does at the polls in a previous election, the more ads they are allowed to place on television. Viewer attention is devoted more to candidates on talk shows, news programs and interviews. Television ads get a minimal amount of viewer interest.

BUNDESRAT (Upper House or Federal Council)

The Bundesrat is a much smaller group consisting of 69 members who represent the 16 states (Länder) of the Federation. Currently 17, or 24.6%, of these members are women. Candidates must be a member of their respective Länd government, a minimum age of 18 and they must be German citizens for at least one year. Each member is appointed or elected to the Bundesrat by the Länd government. Each state sends at least three representatives and the remainder is determined by the population of the Länd: more than two million residents equals four votes, more than six million residents translates into five votes and finally, more than seven million residents equals six votes.

This body of ministers plays a key role in determining federal legislation. It must approve the bills enacted by the Bundestag before they can become law.

Bundesrat members must vote as a bloc with other members of their party. Party discipline is strictly enforced. As a result, the party controlling the majority of Länd governments can have a significant effect on legislation passed in the Bundestag. The Lower House is also impacted by the un-fixed term of the Bundesrat: its term depends on the Länd government which can change hands at any time. Normally, Länd elections occur between Bundestag electoral periods so the Bundesrat majority can shift during the course of a Bundestag legislative period. This can create problems for the Bundestag in implementing all of its policies.

The Chancellor is the only member of the government who is elected directly by parliament, as nominated by the Federal President. He is the chairman and head of the government and maintains major political power. The Chancellor is usually the head of the dominant party in parliament and is responsible only to the Bundestag and Bundesrat, who make up parliament. Therefore, the term “Chancellor democracy” is often used to describe the German form of democracy. As head of the government, he makes proposals (binding for the Federal President) on the appointment of his Cabinet. The Chancellor may not be a member of a government, a legislative body or of a Länd.

The President acts as the official head-of-state and represents the Federation in matters of International Law. He is elected by representatives of the Bundestag and an equal number of members of the state legislatures. This electoral body is known as the Federal Convention and their sole purpose is to convene to elect the Federal President.

The Federal President serves a five-year term and can only be re-elected once. He must be a minimum age of 40 and he must be a German citizen who is eligible to vote in the Bundestag. He is responsible for appointing and dismissing cabinet ministers (on the recommendation of the Chancellor).

Germany consists of 16 federal states, each of which elects a state legislature in a general, direct, free and secret election. The candidates are elected to serve a four-year term.

The Federal Electoral Law was amended in 1985 to extend suffrage indefinitely to German nationals living abroad in a member state of the Council of Europe. Previously, German citizens were allowed to vote during a ten-year period after leaving Germany.

The minimum age for voters and parliamentary candidates is continually under review since Basic Law was effected in 1949. Up to 1969, anyone aged 25 or older was eligible to vote in a federal election. By 1972, the election age was lowered to 21 and in 1976, the minimum age was established at 18.

Basic Law: Also called Grundgesetz, Basic Law is Germany’s Constitution and sets out basic rights and freedoms for its citizens. It was first drafted in 1948 as a “temporary” framework for a new democratic system and was formally adopted in 1949. It became a definitive Constitution in 1990 when its basic requirement of national reunification was fulfilled.

Bundestag: It is the main legislative branch of the government and its largest, normally consisting of 656 directly-elected deputies who represent Germany’s 16 federal states. It is also called the Lower House or Federal Assembly.

Bundesrat: It is the smaller legislative body of the government and is also called the Upper House or Federal Council. It consists of 69 members who are appointed by the state governments. The Bundesrat gives formal approval to the bills drafted by the Bundestag.

Federal Electoral Law: Passed in 1956, this Law established a democratic election procedure in Germany based on the principles of secret, direct, general elections. Federal Electoral Law is upheld by the Federal Constitutional Court and its provisions are undisputed and accepted by the people.

Länd or Länder: This is the German term for “federal state”. There are 16 federal states or Länd or Länder in present-day Germany.

Ländtag: This is the German term for the legislature or government of each federal state or Länd.

CDU: The Christian Democratic Union of Germany was founded in 1949 by a group of Catholics and Protestants, business people, trade unionists, conservatives and moderates. Its ideologies were based on Christian, conservative, socialist principles of the pre-Nazi era. It was formed to offset Germany’s oldest party, the Social Democratic Party. Konrad Adenauer was its first leader.

CSU: The Christian Social Union was a political party founded in Bavaria (one of Germany’s federal states) in early 1946 by various Catholic and Protestant political groups. Its principles are based on Christian values, fair opportunities and social justice for all. The CSU wanted to restore the rule of law in federal Germany and re-establish a social market encompassing private initiative and property ownership. Josef Müller was its first leader. It joined the CDU in 1949 to form the CDU/CSU coalition and was a dominant political power until the early 1960s.

FDP: The Free Democratic Party was established in 1948 by the farming community. It draws its members from Liberal parties in the western federal states of Germany. Its membership is small and it has always aligned itself with the most popular party (whose strength could win votes) thus earning it the name of the “Party of Coalition” and a reputation for electoral instability. On the other hand, it is considered to be a moderator of the policies of Germany’s major parties and is influential in bringing about changes in government. The FDP supports private enterprise, the protection of individual freedoms and shares the economic policies of the CDU/CSU.

SPD: The Social Democratic Party is Germany’s oldest political party. It was formed in 1863 by imperialist principles reacting to industrialization in Germany and Prussia. It won popular support in 1912 and in 1918 it was responsible for granting women the right to vote. It did not regain popularity until 1982 when it became the official opposition. Its principles are also based on Christian values, a humanist philosophy, ecological reform, reducing unemployment and equality for all.

Deutsche Mark: German currency until the implementation of the Euro in 1999.

Üeberhangmandate: Also called “overhang” seat. This occurs when a party has won more seats in the districts on the First vote (for a single candidate) than it should receive according to its placement by the popular vote. Therefore, all deputies elected on the First vote can sit in the Bundestag, or Lower House, resulting in excess representation. The usual number of seats for candidates elected on the First vote is 328.

Almond, Gabriel A., Russell J. Dalton, G. Bingham Powell, Jr., Editors. European Politics Today. New York, N.Y.: Maple-Vail Book Manufacturing Group, 1999.

Mark Kesselman, Joel Krieger, Christopher S. Allen, David Ost, Stephen Hellman, George Ross. European Politics in Transition 4th ed. Boston, Ma.: Houghton Mifflin Company, 2002.

Grosser, Alfred. Germany in Our Time. A Political History of the Postwar Years. New York, N.Y.: Praeger Publishers, 1971.

Hoffman, A. (editor). Facts About Germany. Frankfurt/Main, Germany: Societats-Verlag, 1992.

Plischke, Elmer. Contemporary Government of Germany. Boston, MA.: Houghton Mifflin Company, 1964.

Turner, Henry Ashby, Jr. The Two Germanies Since 1945. Binghamton, N.Y.: Vail-Ballou Press, 1987.

Watson, Alan. The Germans: who are they now? London, Eng.: Michelin House, 1992.

	Votes cast	multiplied with total no. of seats	divided by total number of votes cast	equals no. of seats (in decimal fraction)	each party obtains one seat for each full number	remaining seats (3) distributed by remaing decimal fractions	total number of seats
Party A	18,900	* 31	: 36,900	= 15.878	15	1	16
Party B	12,900	* 31	: 36,900	= 10.837	10	1	11
Party C	1,900	* 31	: 36,900	= 1.596	1	0	1
Party D	3,200	* 31	: 36,900	= 2.688	2	1	3
Total	36,900	* 31	: 36,900	31.000	28	3	31

		Baden-Württemberg, capital: Stuttgart.	Population: 10.3 million
		The Free State of Bavaria, capital: Munich.	Population: 12 million
		Berlin, city state within the state of Brandenburg.	Population: 3.5 million
		Brandenburg, capital: Potsdam.	Population: 2.5 million
		The Free Hanseatic City of Bremen.	Population: 680,000
		The Free and Hanseatic City of Hamburg.	Population: 1.7 million
		Hessen, capital: Wiesbaden.	Population: 6 million
		Mecklenburg-Western Pomerania, capital: Schwerin.	Population: 1.8 million
		The Free State of Saxony, capital: Dresden.	Population: 4.6 million
		Lower Saxony, capital: Hannover.	Population: 7.8 million
		North Rhine-Westphalia, capital: Düsseldorf.	Population: 17.8 million
		Rhineland-Palatinate, capital: Mainz.	Population: 4 million
		Saarland, capital: Saarbrücken.	Population: 1.1 million
		Saxony-Anhalt, capital: Magdeburg.	Population: 2.8 million
		Schleswig-Holstein, capital: Kiel.	Population: 2.7 million.
		The Free State of Thuringia, capital: Erfurt.	Population: 2.5 million.