Per il video BPB di riferimento: https://youtu.be/luv5ewfglvc?si=yzrjqheo4josd3vk
Come alcuni di voi potrebbero già sapere, un partito può entrare in Bundestag se raggiunge il 5% dei voti o 3 Direktmandate
Nel video è stato spiegato che eventualmente un partito ha vinto un posto, se il suo secondo voto non è sufficiente, non sarà considerato come Direktmandat. Volevo mettere in discussione, questa squalifica Direktmandat si verifica prima di Sperrklausel o dopo di essa?
di Abiyasad2
2 commenti
it only occurs if you have more direct seats than % of second votes.
If you are getting close to 5% you have already 20 something seats worth of second votes; rest assured that the 3 required to make it in with 4 – 4,9% will not be disqualified
It is no longer winning 3 Direktmandate, it is winning the majority of first votes in 3 districts.
The Ampel election reform of 2023 worded the relevant provision in § 4 (2) BWahlG as follows:
> (2) The seats shall be distributed between the parties in proportion to the number of second votes cast in the electoral area for the party’s Land lists in accordance with section 5 (overall distribution).
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> The following shall not be taken into account
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> 1. the second votes of those voters who cast their first vote for a candidate who is successful pursuant to section 6 paragraph 2, and
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> 2. parties which received less than 5 percent of the valid second votes cast in the electoral area.
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> Sentence 2 number 2 shall not apply to lists submitted by parties of national minorities.
The Bundesverfassungsgericht (Federal Constitutional Court) has in its “Federal Election Act 2023” judgement decided that § 4 (2), sentence 2, no. 2 (see above) is unconstitutional.
> Until a new provision is enacted, § 4 (2) sentence 2 number 2 of the Federal Elections Act shall continue to apply with the proviso that parties which received less than 5 percent of the valid second votes cast in the electoral area shall only be disregarded in the allocation of seats if their candidates received the most first votes in fewer than three constituencies.