Electoral system for national legislature

Act of Parliament, 1993-07-23, last amended: 2012-07-12

Section 1: Composition of the German Bundestag and Principles of Franchise

(1) The German Bundestag shall, subject to variations resulting from this Law, consist of 598 members. They shall be elected in a general, direct, free, equal and secret ballot by the Germans eligible to vote, in accordance with the principles of proportional representation combined with uninominal voting.

(2) Of the members, 299 shall be elected from nominations in the constituencies and the rest from Land nominations (Land lists).

Section 4: Votes

Each voter shall have two votes, a first vote for electing a member of parliament for the constituency and a second vote for electing a Land list.

Section 5: Election in the Constituencies

Each constituency shall elect one member. The candidate obtaining the majority of the votes cast shall be considered elected. In the event of a tie, the election shall be decided by the Constituency Returning Officer by drawing lots.

Section 6: Election by Land List

(1)  The number of seats falling to each Land from among the total number of seats (Section 1 subsection (1)) shall be calculated on the basis of the number of voters in each Land in accordance with the procedure used to determine the distribution of seats among the Land lists in keeping with subsection (2), second to seventh sentences. The number of successful constituency candidates specified in the fourth sentence shall be deducted from the number of members of parliament to be elected for the Land. For the distribution of seats to be occupied on the basis of Land lists, the second votes cast for each Land list shall be added together. The second votes of those voters shall be disregarded who cast their first votes for a successful candidate in a constituency who was nominated in accordance with Section 20 subsection (3) or by a party disregarded in the distribution of seats in keeping with subsection(6) or not permitted to submit a Land list in the Land in question.

(2)  The remaining seats pursuant to subsection (1), second sentence, shall be distributed among the Land lists on the basis of the second votes to be taken into account according to subsection (1), third and fourth sentences, as follows: The number of seats received by each Land list shall be determined by dividing the total of second votes cast for that list by a divisor used for the allocation of seats. Decimal fractions under 0.5 shall be rounded down to the nearest whole number; decimal fractions above 0.5 shall be rounded up to the nearest whole number. Decimal fractions equal to 0.5 shall be rounded up or down so as to ensure that the total number of seats to be distributed is adhered to; in case there are several possible allocations of seats, the Federal Returning Officer shall decide by drawing lots. The divisor for the allocation of seats shall be determined in such a way that the total number of seats falling to the Land lists is equal to the number of seats to be distributed. To this end, the total number of second votes of all Land lists to be taken into account is first divided by the total number of seats remaining in keeping with subsection (1), second sentence. If more seats fall to the Land lists than there are seats to be distributed, the divisor shall be increased so that the calculation yields the number of seats to be allocated; if too few seats fall to the Land lists, the divisor shall be lowered accordingly.

(2a)  The Land lists of a party shall receive as many additional seats in the order of the highest number of remaining votes as whole numbers accrue in keeping with subsection (2), third sentence, and the second clause of the fourth sentence, when dividing the sum total of positive deviations of second votes falling to Land lists from the second votes required for the number of seats obtained (number of remaining votes) by the number of second votes needed for a seat in the electoral area. Land lists which have received more seats in the constituencies than are to be distributed in accordance with subsections (2) and (3) shall be given priority in the order of the highest numbers and up to the total number of seats they will retain in keeping with subsection (5). The total number of seats (Section 1 subsection (1)) shall increase by the difference.

(3)  If a party whose Land lists have received more than half of the total number of second votes in the electoral territory of all the Land lists to be taken into account does not receive more than half of the seats available according to the distribution of seats described in subsections (2) and (2a), further seats shall be allocated to the Land lists of that party in the order of the highest number of remaining votes until the Land lists of that party have received one seat more than half of the seats to be allocated in the electoral area. In such an event, the total number of seats (Section 1 subsection (1)) shall increase by the difference.

(4)  The number of seats won by a party in the constituencies of a Land shall be deducted from the number of members of parliament thus established for each Land list. The remaining seats shall be occupied by candidates from the Land list in the order laid down in it. Candidates who have been elected in a constituency shall be disregarded in the Land list. If more seats fall to a Land list than there are candidates nominated in it, these seats shall remain vacant.

(5)  A party shall retain seats it has gained in the constituencies even if the number exceeds the number established in accordance with subsections (2) to (3). In such an event, the total number of seats (Section 1 subsection (1)) shall increase by the difference; there shall be no renewed calculation in accordance with subsections (2) to (3).

(6)  Only parties that have obtained at least five per cent of the valid second votes cast in the electoral area or have won a seat in at least three constituencies shall be taken into consideration when the seats are distributed among the Land lists. The first sentence shall not apply to the lists submitted by parties representing national minorities.

299 members are elected under FPTP system and the remaining seats are elected through the proportional representation system using the Land lists.