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GERMANY
Deutscher Bundestag (German Bundestag)
ELECTORAL SYSTEM

Compare data for parliamentary chambers in the Electoral system module

Parliament name -
Structure of parliament Bicameral
LEGAL FRAMEWORK
Electoral Law 8 October 1990
Last amendment: 17.03.2008
Mode of designation directly elected 598
other 22
Constituencies - 299 constituencies
- 16 multi-member constituencies corresponding to the Länder (component states of the federation)
Voting system Mixed: 299 members are elected under the majority (first-past-the post) system and the remaining seats are filled through the proportional representation system using the party list.
- Each voter has 2 votes: 1 ("first vote") for an individual candidate in one of the constituencies (majority system), and 1 ("second vote") for the party list in the Länder.
- Under the majority system, the candidate having received the highest number of first votes in each constituency is declared elected.
Seats under the proportional representation system are distributed according to the Sainte-Laguë/Schepers method. Parties which won at least 5 per cent of the second votes cast nationwide or those which won at least three seats under the majority system are entitled to win seats under the proportional representation system.
- If a party wins more seats in the majority system (the first vote) than it is entitled to by the results of the proportional representation system (second vote), it can keep the additional seats, called "overhang seats" (Überhangmandate).
- Vacant seats attributed to a political party are filled by the "next-in-line" candidate of the same party (even seats vacated by members elected through the proportional system). Vacant overhang seats are not filled. Vacant seats held by independents are filled through a special election in that constituency.
- Voting is not compulsory.
Voter requirements - All Germans as defined in Article 116 (1) of the Basic Constitutional Law;
- At least 18 years on election day;
- Persons who have had their domicile or who have resided permanently in the Federal Republic of Germany for at least three months (including Germans abroad).
Disqualifications:
- Persons disqualified by a judicial decision;
- Persons under guardianship;
- Persons accommodated in a psychiatric hospital under a court order.
(cf. Section 13 of the Federal Elections Act)
CANDIDATES
Eligibility - Qualified voters;
- All Germans as defined in Article 116 (1) of the Basic Constitutional Law;
- At least 18 years on election day.
Ineligibilities:
- Persons disqualified from voting;
- Persons who have been deprived of eligibility to hold public or political office by judicial decision.
Incompatibilities - The Federal President;
- Members of the office of the Federal President;
- Ministers of the Federal State;
- Members of the Federal Audit Office;
- Judges;
- Members of the Bundesrat;
- Civil servants.
(cf. Article 137, 66 Basic Law)
Candidacy requirements - candidatures for constituencies or for Länder party lists
- candidatures for constituencies may be presented by a political party or by individuals
- candidatures for constituencies must be submitted by political parties if the party does not have at least five seats in the Bundestag or in the legislature of a given Land (a party which has not been continuously represented in the Bundestag or in the legislature of a given Land by at least five members may only submit a nomination as a party if it has announced its intention to participate in the election to the Federal Returning Officer at least 75 days prior to the election)
- in cases where candidatures for constituencies are presented by individuals, these must be supported by at least 200 voters of the same constituency
- candidatures for Länder party lists can be presented by any political party. If the party does not have at least five seats in the Bundestag or in a given Land legislature, the support of at least one per 1,000 eligible voters of the Land concerned is required. In each Land, each party may present only one list.
- There are no monetary deposits for candidates or for political parties.

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