Home > 3.3 Mixed systems > GERMANY - Joint Opinion on the Amendments to the Federal Election Act
 
 
 
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Paragraph 16
 

According to the new Section 4 of the Federal Election Act, the proportion of the total number of votes cast for each party will first be established nationally, and the number of seats accruing to each party will be determined (primary distribution) before these seats are then distributed among the Land lists (secondary distribution). The number of seats given to a party’s Land list will then define the maximum number of that party’s successful constituency candidates who are eligible to obtain a seat on the basis of the constituency vote. The newly introduced Section 5 regulates how the distribution of seats is calculated. Within a party, the candidates who won the most votes in their respective constituency are ranked according to their constituency vote share. According to Section 6, these votes are then allocated to the party, and the number of mandates which these entitle the party to is determined by its “second vote” result. These seats are then distributed among the Land lists. If a party is entitled in a Land to more seats than the number of candidates who received the most “second votes”, these additional seats will be filled from the party list. If fewer seats are available, the candidates with the lowest “first vote” share lose out and the constituency mandate is not allocated. In the event of equal numbers of voters and equal share of first vote, the winning candidate is determined by drawing lots by the Federal Returning Officer (Section 6 (3)). Electoral success in a constituency will therefore not only depend on obtaining a relative majority, but also on coverage by the main vote. If there are more constituency winners than the seats to which the party is entitled to on the basis of the second vote, the constituency seat will not be allocated. This makes the proportional aspect of the vote still more dominant than before.