overview
Sahra Wagenknecht founded a party. The “Union of Values” also wants to take this step. What are the requirements for this? And is every party allowed to take part in an election? A legal overview.
Parties play an important role in our political system. They are therefore particularly protected by Article 21 of our Basic Law. “Your foundation is free” is written there, among other things. So no government approval is required.
Nevertheless, the law imposes a number of requirements that must be observed if you want to found a party. And even after the company has been successfully founded, further steps are required in order to be able to take part in an election.
A democratic institution
A party is initially an association, i.e. a voluntary association of people who pursue a common purpose. But not every association is also a party. Parties pursue political goals and take part in democratic processes.
That is why the Basic Law stipulates that their internal order must also correspond to democratic principles. Important decisions, for example about the content of a basic program, must emerge from the party base, i.e. from bottom to top. What matters is the majority of votes – democratically.
More Requirements?
The Political Parties Act (PartG) stipulates additional criteria: Parties are associations of citizens who “have a permanent or long-term influence on the formation of political will and want to participate in the representation of the people in the German Bundestag or a state parliament”.
This means that associations that operate exclusively at local or European level are not parties in this sense. Even a citizens’ initiative that only has a short-term concern, for example stopping a planned construction project, cannot be a party.
On the other hand, it would be possible, for example, to found a one-issue party that would work exclusively, but in the long term, for greater consideration of the interests of pensioners, for example.
Domestic reference and party name
A party must also have sufficient domestic connection. This requires, for example, that both the majority of the members and the board of directors have German citizenship. The name of the party and the corresponding abbreviation must be chosen in such a way that the new party can be clearly distinguished from existing parties.
The announced founding of a party called “Values Union” would have to be measured, for example, by the party name of the “Christian Democratic Union” (CDU), although sufficient differentiation should be guaranteed here.
Two Possibilities of creation
A party can be created in two ways: either by founding a new organization or converting an existing association into a party.
The conversion has practical advantages: For example, donations can be collected in advance. This is also the case with the “Sahra Wagenknecht Alliance”.
Three pillars: board, program and statutes
The election of a board of directors and the adoption of statutes and a program are also required by law. A so-called founding party conference can be arranged for this purpose. A board of at least three members must be elected by secret ballot.
Furthermore, the program and the statutes must be written down. The party program, often called the “fundamental program,” sets out the party’s fundamental values, goals and concrete demands. The statutes must, among other things, contain provisions regarding the rights and obligations of the members as well as the composition and powers of the board.
Participation in elections
However, once the party is founded, it does not automatically take part in the next election. Admission to vote depends on the relevant electoral law.
The admission of a party to the state elections is based on the respective state election law. For example, the provisions of the Thuringian State Election Act are relevant for the state elections in Thuringia in September this year.
If a newly founded party wants to take part in the next election, it must first notify the state returning officer of its participation in writing. You shouldn’t give yourself too much time for this – the deadline ends 90 days before the election.
All founding documents must also be submitted with the written notification and will be checked for completeness by the state returning officer. The responsible returning officer is the state returning officer, in Thuringia this is currently Holger Poppenhäger.
Recognition by the election committee
The last and decisive step for admission to the election then takes place: the determination of party status by the state election committee. The election committee checks whether the formal requirements for a party within the meaning of the party law are met. In particular, he checks whether the party, based on its overall picture, is actually in a position to seriously participate in parliament. Organizational, personnel and financial aspects can play a role.
A crucial criterion, for example, is the number of party members. While three board members are enough to found a party, additional people are needed for serious parliamentary work.
However, the law leaves it open exactly how many. An approximate requirement arises from the case law of the Federal Constitutional Court. The Karlsruhers Judges have recognized an association with 400 members that is currently being set up as a party.
After the election is before the election
Once it has been recognized as a party for the state elections, it can submit a state list. Without a state list, the party cannot be elected by casting second votes.
After being admitted to the election, the real work for the parties only begins: They have to campaign for votes in the election. For example, participation in state party financing depends on the election results.
In addition, if the party does not take part in a federal or state election for six years, it loses its legal status as a party again.
The municipal level
A series of local elections will take place before the state elections in September, starting in May in Thuringia. Here, too, there are no nationwide participation requirements. The requirements of the relevant local election law are decisive.
The Thuringian local election law, for example, does not contain any provision regarding the determination of party status that corresponds to federal and state law. In local elections there, associations without party status, so-called voter groups, also have a comprehensive right to nominate candidates. The possibility of submitting a state list is not provided here.
Election of the European Parliament
The European elections will also take place at the beginning of June this year. The legal framework is regulated in the European Elections Act. Similar to the local elections in Thuringia, party status is not checked in a prior process. However, the review will be rescheduled as soon as the association has submitted a concrete election proposal.
The Federal Election Committee is responsible for this examination. If the latter rejects the election proposal on the grounds that there is neither a party nor any other political association in the sense of European law, a complaint can be lodged with the Federal Constitutional Court.