Principles of Seat Distribution among Parties
(1) The total number of seats (section 1 subsection (1)) is first distributed among the parties and then among the Land lists of each party according to the principles of proportional representation. The number of successful constituency candidates as per section 6 subsection (2) is subtracted from the total number of seats.
(2) The seats are distributed among the parties in proportion to the number of second votes cast for the Land lists of each party in the electoral area as laid down in section 5 (upper level distribution). This procedure does not consider
1. the second votes of the voters who have cast their first votes for a candidate who has been successful as per section 6 subsection (2) and
2. parties which have received less than 5 percent of the valid second votes cast in the electoral area.
Sentence 2 number 2 does not apply to the lists submitted by parties representing national minorities.
(3) The seats allocated to each party pursuant to subsection (2) are distributed among the party’s Land lists in proportion to the number of second votes cast for the Land lists in accordance with section 5 (lower level distribution).
(4) If a party which has won more than half of the total number of second votes cast for all parties to be considered does not receive more than half of the seats in the distribution process, it is allocated further seats until the number of seats it has is equal to half of the seats plus one. The total number of seats (section 1 subsection (1)) increases by the difference in such a case.
Footnote
Section 4 subsection (2), second sentence, number 2: Provision incompatible with Article 21 paragraph (1) and Article 38 paragraph (1), first sentence, of the Basic Law according to the reasons stated by the Federal Constitutional Court in its ruling of 30 July 2024 I No. 281 - 2 BvF 1/23 etc. -. Section 4 subsection (2), second sentence, number 2 of the Federal Elections Act will continue to apply until amendments are enacted, subject to the condition that political parties that receive less than 5 percent of the valid second votes cast in the electoral area will be excluded from the distribution of seats only if their candidates secure the most first votes in fewer than three constituencies.