The decision by the governing coalition to exclusively appoint its own members to a commission tasked with reforming electoral law has drawn criticism from opposition parties. The Left party’s Ines Schwerdtner told the “Süddeutsche Zeitung” that the coalition needs to move beyond a “kingdom-like” approach and involve a strong democratic opposition in its decision-making. She argued that failing to do so fosters political disillusionment and a feeling that the government is acting detached from the public. She specifically noted it was “shameful” that the current government hasn’s achieved a level of engagement with opposition parties that was possible under the previous “traffic light” coalition.
The Green party echoed these concerns, criticizing the coalition’s parliamentary style. Green party parliamentary group leader Britta Haßelmann pointed to a historical pattern where the CDU/CSU has prioritized partisan interests when it comes to committee membership and seat allocation. She highlighted the significance of the previous electoral reform, enacted by the “traffic light” coalition, which limited the number of parliamentary seats and eliminated overhang and compensatory mandates. This, she stated, guaranteed both proportional representation and a functional parliament.
Defending their approach, representatives from the coalition parties emphasized the need for expediency. SPD parliamentary group secretary Johannes Fechner argued that the commission needed to reach a swift conclusion, stating that numerous proposals already exist and lengthy discussions are unnecessary. He said a consensus within the coalition is the initial priority, with broader consultations planned for the legislative process to ensure a substantial majority supports the reform.
The opposition, referencing past experiences, highlighted a perceived lack of engagement by the current coalition when it previously held the opposition role. CDU/CSU parliamentary group secretary Steffen Bilger remarked that the “traffic light” coalition’s earlier electoral reform was a “fundamental system change” requiring genuine and not merely formal opposition input. He added that the current, more targeted changes are designed to address specific shortcomings, such as the situation where some district election winners are excluded from parliament.
The commission’s mandate is to develop proposals for a constitutionally sound and fair electoral law reform, which will then be openly discussed in the Bundestag, with the opposition explicitly invited to contribute constructively. Bilger and Fechner will both be members of the new electoral law commission.
Historically, parliamentary seats have been allocated according to the proportion of second votes received by each party, with direct mandates obtained through first votes initially filling the seats. “Overhang” seats occurred when a party won more direct mandates than its share of the second votes entitled them to. To address a constitutional court ruling concerning the potential undervaluation of votes for certain parties, “compensatory” mandates were introduced in 2011 to align seat distribution with second-vote percentages. This resulted in a significant increase in the size of the Bundestag and bolstered smaller parties. A later reform in 2020 reduced the compensation of overhang mandates, primarily benefiting the CSU.
The recent electoral reform, largely affirmed by the Federal Constitutional Court, eliminates both overhang and compensatory mandates, leading to a proportional loss of seats across all parties. This reform disproportionately impacts the CSU compared to other parties. A consequence of the reform is that some constituencies are now unrepresented in the Bundestag, impacting 23 first-vote winners this cycle.