As of: 01/16/2023 4:08 p.m
The CSU calls the traffic light plans for a reform of the electoral law “unconstitutional” and threatens to sue. The project is reminiscent of a “rogue state”. The Left Party was also critical.
A protest against the plans of the traffic light coalition to change the electoral law comes from the ranks of the Union. “With its proposal for electoral law reform, the traffic light operates organized election fraud,” said CSU General Secretary Martin Huber. “We’ve only seen rogue states denying directly elected members of parliament access to parliament.”
Huber said the plans will not be accepted as they are. “The left-yellow traffic light lays the ax on our democratic foundation.” The traffic light is placed above the will of the citizens. “It’s unconstitutional and we won’t accept it,” Huber said.
The draft law presented by the SPD, Greens and FDP parliamentary groups provides for the Bundestag to be reduced back to its standard size of 598 seats. The parliament is currently larger than ever with 736 MPs – the reason is overhang and compensation mandates.
Direct candidates could go away empty-handed
Overhang mandates arise when a party wins more seats in the Bundestag with the first votes in a federal state than it is entitled to based on the results of the second votes. The party may keep these additional seats. The other parties receive compensatory mandates in return. This regulation aims to abolish the traffic light, which could mean that directly elected members of parliament can no longer move into the Bundestag.
Union benefits most from current regulation
That could mean a loss of seats for the Union. Because the CDU/CSU had received the most direct mandates in the 2021 federal election – 143 seats, ahead of the SPD with 121, the Greens and the AfD with 16 each. The Left Party had received three direct mandates, the FDP not a single one. The new regulation planned by the traffic light would particularly affect the CSU, because in Bavaria it usually wins many constituencies – i.e. direct mandates – but does not do as well as it used to when it comes to the second vote result.
Union threatens to sue in Karlsruhe
The CDU chairman of the Bundestag’s electoral law commission, Ansgar Heveling, also threatened to sue the Federal Constitutional Court: “Anyone who builds on constitutional sand must expect the Constitutional Court to be called upon,” he told the specialist information service “Table.Media”.
The parliamentary director of the CSU state group in the Bundestag, Stefan Müller, also called the proposal “unconstitutional”. “Denying elected constituency candidates the mandate is a blatant disregard for the will of the electorate and the rule of law and democracy,” he told the online portal “The Pioneer”. The coalition should “rather work with us on this issue to find feasible solutions for downsizing the Bundestag.”
Criticism also from the Left Party
The leader of the Left Party, Janine Wissler, also expressed skepticism. The traffic light draft carries the risk that entire constituencies would no longer have representation in the Bundestag, she said. This would be “rather problematic.”
The right to vote can be passed by the Bundestag with a simple majority. The Union and especially the CSU had prevented an electoral law reform in the past two legislative periods.