Thousands of Germans living abroad may be excluded from the German federal election on February 23, according to the online news portal T-Online. Several constitutional lawyers expect the election to end up in the Federal Constitutional Court. Even the Federal Returning Officer is aware of the problems.
The main reason for the problem is the short deadline for sending in the application and voting papers in the advance election. Especially Germans living abroad may effectively not be able to vote, as confirmed by around a dozen affected individuals to T-Online. While some overseas missions offer a courier service, the consulates frequently warn that this may not be faster than the regular postal service. The German embassy in South Africa even demands a signed waiver of liability.
Constitutional lawyer Ulrich Battis told T-Online, “I see the current situation of Germans living abroad as a problem. After all, it could be a breach of the highest principle of voting: the universality of the vote.” He further stated, “I assume that the Federal Constitutional Court will have to decide on the legality of the election.”
Also, constitutional lawyer Volker Boehme-Neßler thinks, “It is likely that disappointed voters will turn to the Constitutional Court.” It will depend on whether the late-arriving votes are decisive, i.e., determine the outcome of the election. “If thousands of Germans living abroad are effectively excluded from the vote, one can already speak of decisive votes. Especially if the election is very close. In the worst case, the election could be annulled” said Boehme-Neßler.
And the former chairman of the Election Review Committee, Patrick Sensburg (CDU), said, “If there are no serious breaches, it would be fatal if they did not lead to the annulment of the election. It seems that the Bundestag election simply takes it for granted that thousands of Germans cannot vote. You know about the problems for Germans living abroad beforehand.”
Federal Returning Officer Ruth Brand acknowledged on request from T-Online that the problems are known. “My team and I have received numerous questions about the topic of voting participation from abroad since weeks” so Brand. “It is my duty as Federal Returning Officer to point out possible challenges for a proper election.” Brand admits, “As Federal Returning Officer, I have only limited possibilities to optimize the procedure for the postal voting participation of Germans living abroad.” She mentioned that she had informed the state returning officers to sensitize the local authorities to send out the application and voting papers early to Germans living abroad. Brand referred to the possibility of lodging an appeal against the election. “The possibility of doing so exists in every election, even for voters living abroad” she said.