Participation in elections to the German Bundestag

Participation of political parties in elections to the German Bundestag is governed by the provisions of Part IV of the Federal Electoral Act (Bundeswahlgesetz, BWahlG) and by sections 32 and following of the Federal Electoral Code (Bundeswahlordnung, BWO).

In order to participate in an election to the Bundestag by nominating own candidates, a political party must have been represented in the German Bundestag or in a state parliament (Landtag) without interruption since the last elections with at least five members of parliament nominated by that party.

If this is not the case, the party must notify the Federal Returning Officer in writing at least 97 days before the election that it wishes to participate. The Federal Electoral Committee then decides whether the party can be recognised as a political party in the legal sense (section 18 (2) of the Federal Electoral Act in conjunction with section 2 of the Political Parties Act (Parteiengesetz, PartG).

If it is recognised, the political party may participate in the Bundestag elections by nominating its own candidates for election in constituencies and compiling lists of its candidates for election in the federal states. A party may submit only one nomination per constituency and only one list of candidates in each federal state (Land) (section 18 (5) of the Federal Electoral Act).

If the Federal Electoral Committee does not recognise an association as a political party, the association may submit a complaint to the Federal Constitutional Court (section 18 (4a) of the Federal Electoral Act). If the complaint is unsuccessful, the association may only participate in Bundestag elections as an association of voters by nominating candidates for election in constituencies. The association of voters is not permitted to compile a list of candidates for election in a federal state (section 18 (1) in conjunction with section 20 (3) of the Federal Electoral Act).

Constituency nominations by political parties

Parties’ nominations for constituency candidates must be submitted in writing to the responsible constituency returning officer no later than 6 p.m. 69 days before the election (section 19 of the Federal Electoral Act). The constituency candidate must be nominated at an assembly of party members or in a special or general assembly of party delegates (section 21 (1) of the Federal Electoral Act). At the time of the assembly, the voting members must be entitled to vote in the constituency.

The nominations and the election of delegates for the assembly of delegates must be voted on by secret ballot (section 21 (3) of the Federal Electoral Act). All members of the assembly who are entitled to vote have the right to nominate candidates. At the assembly, the candidates must be given a suitable amount of time to introduce themselves and their programme.

Parties may start nominating candidates for the Bundestag elections no earlier than 32 months after the legislative term has begun. The election of delegates to the assembly may start no earlier than 29 months after the legislative term has begun.

Other modalities and formalities regarding the compiling and admissibility of constituency nominations are addressed in sections 18 to 26 of the Federal Electoral Act and sections 32 to 38 of the Federal Electoral Code.

Constituency nominations by parties which have not been represented without interruption in the German Bundestag or in the parliament of a federal state since the last election must bear the personal and handwritten signatures of at least 200 persons eligible to vote in the constituency (section 20 (2) sentence 2 of the Federal Electoral Act).

Constituency nominations by associations of voters

Not only political parties may nominate candidates for election in constituencies; associations of voters may also nominate candidates (section 20 (3) of the Federal Electoral Act). An independent candidate may stand for election with the support of other people who are entitled to vote. Like nominations from political parties, nominations for constituency candidates from associations of voters must be submitted in writing to the responsible constituency returning officer no later than 6 p.m. 69 days before the election (section 19 of the Federal Electoral Act).

The Federal Electoral Act does not contain any specific provisions on nominations by associations of voters; it does not require official assemblies or secret ballots, for example.

The association of voters must only

• agree on and designate a candidate;
• present 200 signatures from voters eligible to vote in the constituency; and
• notify the responsible constituency returning officer of their nomination on time and in the proper form

(section 18 (1) in conjunction with section 20 (3) of the Federal Electoral Act and section 34 of the Federal Electoral Code).

If an independent candidate (as referred to in section 20 (3) of the Federal Electoral Act) stands for election to the Bundestag and wins at least 10 per cent of the valid first votes in the relevant constituency, then the candidate is entitled to 2.80 euros for each valid vote received (section 49b (1) of the Federal Electoral Act). The candidate must apply in writing to the president of the German Bundestag no later than two months after the constituent meeting of the Bundestag to request the calculation and payment of this amount (section 49b (2) of the Federal Electoral Act).

Lists of candidates in the federal states

Only political parties may submit lists of candidates for election in the federal states (Landeslisten) (section 27 of the Federal Electoral Act). Parties must submit their federal state lists of candidates in writing to the responsible federal state returning officer no later than 6 p.m. 69 days before the election (section 19 of the Federal Electoral Act). The other conditions for compiling the federal state lists are the same as those for compiling constituency nominations. Details concerning the compiling and admissibility of federal state lists are given in sections 27 to 29 of the Federal Electoral Act and sections 39 to 44 of the Federal Electoral Code.

Federal state lists submitted by parties which have not been continuously represented in the German Bundestag or in the parliament of a federal state since the last election must bear the personal and handwritten signatures of at least 0.1 per cent of the eligible voters in the federal state, but not more than 2,000 eligible voters (section 27 (1) sentence 2 of the Federal Electoral Act).

In 1994, following a decision by the Federal Constitutional Court (BVerfGE 85, 264 [286]), the previous system of compensation for political parties’ election campaign expenses was replaced by partial public funding for the political parties. How much public funding a party receives is largely determined by its success in elections.

Participation in European elections

The participation of political parties and other political associations in elections to the European Parliament is governed by sections 8 and following of the European Elections Act (Europawahlgesetz, EuWG) and by sections 31 and following of the European Electoral Regulations (Europawahlordnung, EuWO).

Along with political parties as defined in section 2 (1) of the Political Parties Act, other political associations are entitled to nominate candidates too. These are associations with organised memberships whose aim is to participate in developing informed political opinion and representing the people. They may nominate candidates on the condition that their headquarters, management, members and activity are located in the territory of the European Union member states (section 8 (1) of the European Elections Act). This also includes alliances of parties at European level, for example. They do not have to meet the requirements in the Political Parties Act which apply to political parties.

Federal state lists of parties or other political associations which have not been continuously represented, on the basis of their own nominations in the electoral area, by at least five representatives in the European Parliament, the German Bundestag or in the parliament of a federal state since the last election must, among other things, bear the personal and handwritten signatures of 0.1 per cent of the eligible voters in the federal state, but not more than 2,000 eligible voters (section 9 (5) sentence 1 of the European Elections Act). Combined lists for all of the federal states must, among other things, bear the personal and handwritten signatures of 0.1 per cent of the eligible voters in all of the federal states, but not more than 4,000 eligible voters (section 9 (5) sentence 2 of the European Elections Act).

All political parties and other political associations participating in elections to the European Parliament must submit a federal state list in writing to the state returning officer at least 66 days before the election or a combined list for all of the federal states in writing to the Federal Returning Officer at least 68 days before the election (section 11 (1) of the European Elections Act).

The compiling of nominations must comply with the party’s statutes (section 10 of the European Elections Act). Under the terms of partial public funding for political parties, the parties receive a defined amount for each valid vote their list of candidates receives in elections to the European Parliament.

Other political associations as referred to in section 8 (1) of the European Elections Act which participate in Germany in European elections by nominating their own candidates and which receive at least 0.5 per cent of the valid votes, according to the final election results, receive 0.70 euros annually for each valid vote. In derogation from this provision, political associations receive 0.85 euros for each of the first 4 million valid votes (section 28 (1) of the European Elections Act).