Alexander Hoffmann, the CSU’s regional group leader, anticipates a reform of election law within the current legislative term. Speaking to “Focus,” he expressed confidence that the positive relationship within the coalition over the past few weeks would lead to a new electoral system.
Previously, there was speculation that the SPD was linking a reform of the electoral law to adjustments concerning the debt brake. However, this linkage now appears to have fallen through, as Hoffmann stated he had complete faith in his coalition partner that the electoral law would not be tied to other policy measures.
The CSU politician also opposed the SPD’s demand to mandate gender parity within the voting laws. Although the coalition agreement stipulated that the issue of parity would be examined, Hoffmann confirmed that this review had taken place. In his view, however, it was determined that implementing parity would involve considerable legal risks, and he personally does not believe parity could be constitutionally implemented.
The coalition agreement mandates the establishment of an election law commission. This body is tasked with evaluating the 2023 electoral law reform and submitting proposals in 2025. These proposals are expected to address how each candidate with a plurality of first votes can enter the Bundestag, and how the Bundestag can generally maintain its current size while respecting the second-vote results. Following this, corresponding legislation should be promptly initiated. The commission will also examine how equal representation of women in parliament can be ensured and whether people aged 16 and older should be allowed to vote.
The debate surrounding electoral law reforms initially began in 2011 following a ruling by the Federal Constitutional Court concerning the electoral system in place at the time. Initially, seats allocated to a party based on its share of second votes were filled by direct mandates won in electoral districts. If a party won more direct mandates than its second-vote share entitled it to, these surplus mandates (overhang mandates) also entered the Bundestag. The Constitutional Court criticized this system because additional votes for a party could sometimes result in fewer seats for that party.
In response, compensatory mandates were introduced in 2011. These were designed to ensure that the seat distribution in parliament accurately reflected the respective party’s share of the second-vote total, which led to a noticeable increase in the size of the Bundestag and strengthened smaller parties. A minor reform in 2020 subsequently resulted in not all overhang mandates being compensated, benefiting the CSU in particular.
The reform, largely confirmed by the Federal Constitutional Court and implemented by the current “traffic light” coalition, recently abolished both overhang and compensatory mandates. Consequently, all parties lose seats equally compared to the period before 2020. However, compared to the situation after the reform took effect, the change impacts the CSU more significantly than other parties. A noted disadvantage of this reform is that some electoral districts are no longer represented in the Bundestag, a situation affecting 23 winners of first votes on this occasion.
