Home > 1.1.3 Submission of candidatures > GERMANY - Joint Opinion on the Amendments to the Federal Election Act
 
 
 
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Paragraph 53
 

An interesting and problematic aspect is the standing of individual candidates. The absence of requirement to be covered by second votes may, at least in theory, place independent constituency candidates at an advantage over constituency candidates who are nominated by a party, because the former automatically obtain a seat if they receive the largest number of first votes in their constituency. This unequal treatment is a justifiable corollary of the system, because an independent candidate cannot be covered by the second votes cast for a party list.