The German Federal Constitutional Court has declined to consider a constitutional complaint against the arrangement of the Berlin repeat election. The court announced this on Tuesday.
The Second Chamber of the Second Senate of the Federal Constitutional Court ruled that, as long as the requirements of the homogeneity principle are met, the subjective right to vote in elections within a state’s constitutional sphere is granted exclusively by the state in question.
In 2023, the court had already rejected an emergency appeal by several voters, members of the Berlin House of Representatives and members of the local district assemblies to prevent the scheduled repeat election until the court’s decision on the main case. The complainants had now criticized that the Senate had not yet addressed the argument of arbitrariness.