Karlsruhe Court Dismisses BSW Complaints Regarding Electoral Law

The Bundesverfassungsgericht in Karlsruhe has dismissed two complaints from the Bündnis Sahra Wagenknecht (BSW) concerning electoral rights. The court ruled that the party's arguments lacked sufficient justification to claim a violation of their equality of opportunity in the electoral process. This decision comes after the BSW narrowly missed the five-percent threshold in the recent federal election, receiving 4.981 percent of the votes.

In response to the ruling, BSW co-leader Amira Mohamed Ali expressed that constitutional concerns regarding the election outcome remain. She indicated that the party plans to appeal again to the Karlsruhe court if the electoral review committee does not rule in BSW's favor. The BSW had previously raised doubts about the election results, suggesting that some of their votes were misallocated or deemed invalid based on recounts conducted in several regions.

The BSW's complaints aimed to achieve two main objectives. Firstly, they sought to establish that the Bundestag should have implemented a legal remedy that would allow for an immediate recount of votes when the five-percent threshold was narrowly missed amid uncertainties about the election results. Secondly, they argued that the federal election law should stipulate a different order of parties on the ballot to avoid grouping the BSW with smaller and newer parties.

Mohamed Ali stated that if a five-percent threshold exists, it must be ensured that only parties definitively not supported by five percent of voters are excluded from representation in the Bundestag. She emphasized that there were documented irregularities and systematic counting errors that disadvantaged the BSW, which were not adequately verified. She underscored the importance of promptly determining whether the Bundestag is correctly constituted and whether the current government holds democratic legitimacy.

The BSW had previously approached the Constitutional Court immediately following the election but was unsuccessful. In March, the court rejected several emergency applications from the BSW and individual members, aimed at securing a recount before the official results were confirmed. The court referred to the usual electoral verification procedures in the Bundestag.

One of the emergency applications was connected to the organ complaint, which has now also been dismissed. The second rejected complaint sought to establish that the Bundestag should have implemented a specific regulation regarding the order of parties on the ballot, arguing that there were no substantive grounds for relegating the BSW to the bottom of the ballot.

Meanwhile, the BSW has filed an appeal with the electoral review committee, and founder Sahra Wagenknecht is calling for a swift resolution. She highlighted the urgency of the situation, noting that the absence of a specified timeframe from the legislature is concerning. If the committee, composed of parties that do not wish to see the BSW in the Bundestag, delays its decision, the BSW will not be able to appeal for a recount in the Constitutional Court.

Should the BSW successfully enter the Bundestag at a later date, it would significantly alter the balance of power, impacting the current black-red coalition's majority.