There is also criticism of the new electoral law in the traffic light – politics

It was a debate that was unusual in its sharpness for the German Bundestag. Last Friday, the traffic light factions passed a new electoral law against resistance from the opposition. Above all, the abolition of the basic mandate clause had triggered protests. In this way, the coalition wants to “push the left out of parliament” and “call into question the CSU’s right to exist with obvious joy,” complained CSU regional group leader Alexander Dobrindt. This “attempt to manipulate the right to vote” is a “great rogue act”.

Jan Korte, the first parliamentary secretary of the Left Party, complained that the traffic light coalition wanted to “just briefly politically eliminate two opposition parties from the Bundestag”. But the coalition was unimpressed by the allegations, approved the new electoral law – and was then proud of its unity. From the ranks of the traffic lights, there were only two no votes and one abstention.

But now it is becoming apparent that there is also displeasure in the traffic light coalition about the abolition of the basic mandate clause. The clause states that a party that fails at the five percent hurdle can still enter the Bundestag according to its share of second votes if it has won at least three direct mandates. The left benefited from this clause in the last federal election, which is why it has 39 seats in parliament.

The clause was also a kind of life insurance for the CSU. In the last election, it only got 5.2 percent nationwide. Since the CSU always achieves far more than three direct mandates in Bavaria, it would have sat in the Bundestag even if it had slipped below the five percent mark.

“The will of the local population must not be ignored to this extent”

In the Bundestag vote on the new electoral law, SPD MPs Anna Kassautzki and Erik von Malottki voted against the reform. Your parliamentary colleague Frank Junge had abstained. But there are more than three MPs in the traffic light groups who have problems with the new electoral law. Because some of those who voted yes on Friday made personal statements in which they document some serious reservations. It is also about the basic mandate clause, against the abolition of which the CDU, CSU and left are protesting so vehemently.

The Green MP Stefan Gelbhaar writes, for example: “I do not agree with the abolition of the basic mandate clause, here I advocate a readjustment.” SPD MPs Simona Koß, Sylvia Lehmann and Hannes Walter jointly issued a statement. In it they also complain about the omission of the basic mandate clause.

Koß, Lehmann and Walter write: “The candidates of the parties with a nationwide share of less than 5 percent, who achieved a majority with the first vote in their constituencies, should also be able to enter the Bundestag in the future. The will of the population on the ground must not be ignored to this extent.”

Open detailed view

The Liberals also have reservations. The FDP MP Christoph Hoffmann writes in his statement: “The present draft law distances itself from the basic mandate clause. This can result in factions such as the CSU not being allowed to enter the Bundestag in future federal elections, despite having won dozens of direct mandates, because they do not have the required 5 percent of the votes cast. That would be undemocratic.” SPD MP Maja Wallstein also complains that the basic mandate clause has been dropped. She, too, is of the opinion that “the will of the local population” should not “be ignored to this extent”.

Open detailed view

The traffic light coalition included the abolition of the basic mandate clause in its draft law just a few days before the new electoral law was passed. In the first Bundestag debate on the draft law at the end of January, speakers from the traffic light coalition had expressly spoken out in favor of retaining the clause. “We don’t want to worsen the chances for the Left Party and the CSU to participate in the formation of a majority in the German Bundestag,” said the Green Party speaker at the time.

Changed course just before the end

And in February, three experts nominated by the traffic light coalition declared in a joint statement that it was “essential” for the credibility of the draft traffic light law that the basic mandate clause be retained. This is the only way to ensure that the traffic light “solely pursues the state-political goal of downsizing the German Bundestag” and “not also its own political interests”.

But then the traffic light factions suddenly changed course and deleted the basic mandate clause. Theoretically, it can now happen that the CSU wins all 46 Bavarian constituencies and still is not allowed to move into the Bundestag with a single member of parliament. CSU regional group leader Alexander Dobrindt and CDU leader Friedrich Merz already announced on Friday that they want to bring down the electoral law reform by filing a lawsuit with the Federal Constitutional Court. And the CSU board decided on Saturday to file a constitutional complaint.

In the traffic light coalition, on the other hand, it is pointed out that the CSU in the grand coalition had blocked an effective electoral law reform to reduce the size of the Bundestag for years and that the traffic light only had to decide on a reform now for this reason.

Konstantin Kuhle, who negotiated the new electoral law for the FDP, said in the Bundestag debate: “The CSU screwed up Norbert Lammert’s electoral law reform, the CSU screwed up Wolfgang Schäuble’s electoral law reform, but the CSU will not screw up the traffic light electoral law reform. We won’t do that not to.” The CSU must now “deal with the fact that there is a single day in the world and in this country when it is not about the CSU, but about this country – and today is that day”. The electoral law reform of the traffic light coalition has reduced the number of members of the Bundestag from the current 736 to 630.