Allocation of Seats to Candidates
(1) A constituency candidate of a party (section 20 subsection (2)) is elected as the constituency representative in the Bundestag if he or she wins the most first votes and is awarded a seat in the seat allocation procedure based on second votes (fourth sentence). In each Land, a party’s candidates who have won the most first votes in the constituencies are ranked by descending proportion of first votes. The proportion of first votes is calculated by dividing the number of first votes cast for the candidate by the total number of valid first votes cast in the particular constituency. The seats determined for a party’s Land list as per section 4 subsection (3) are awarded to the constituency candidates in the order established in accordance with the second sentence (allocation procedure based on second votes).
(2) A candidate nominated pursuant to section 20 subsection (3) is elected as the constituency representative in the Bundestag if he or she wins the most votes.
(3) If votes are tied and the proportions of first votes are equal, a lot is drawn to determine the winner. The lot is drawn by the Constituency Returning Officer if candidates competing in a constituency are concerned (subsection (1), first sentence; subsection (2)) and by the Federal Returning Officer if there is a tie in the allocation of seats based on second votes (subsection (1), fourth sentence).
(4) A Land list candidate is elected as a member of the Bundestag if he or she is awarded a seat during the process of distributing the Land list seats (section 4, subsection (3)) that remained after the completion of the seat allocation procedure based on second votes; the seats are awarded in the order of the Land list. Candidates who have been elected pursuant to subsection (1), first sentence, are not considered as Land list candidates. If the number of seats allocated to a Land list exceeds the number of candidates listed, the respective seats remain vacant.