The Bundesrat election in selected parts of Berlin is set for a partial re-run, according to a court ruling in Karlsruhe. The reason behind this decision is the chaos that marked the 2021 voting process, leading to missing ballot papers, long lines, and insufficient polling stations. Consequently, some districts remained active past the 6 pm closing time, with queues extending beyond the one-hour limit.
As a result, the court declared that approximately 455 out of about 2,200 constituencies were affected, requiring a repeat vote in these areas for both the first and second ballots. This goes beyond the initial decision made by the Bundestag, which had only stipulated a partial re-run in 431 districts.
While the ruling is partial victory for the CDU and CSU, who had challenged the Bundestag decision in Karlsruhe, the court did criticize the Bundestag for failing to adequately investigate and address concerns related to the election process.
This development is unlikely to significantly impact the composition of parliament or the coalition's majority, given that the affected districts are relatively few. However, individual MPs in Berlin could see their positions altered if they narrowly won their constituencies in the initial election or if they failed to secure a seat in 2021 but could potentially enter parliament following the re-run.
Beyond the specific case of the 2021 Berlin election, the ruling also sheds light on what constitutes an electoral error and what does not. The court emphasized that excessive waiting times are generally not to be considered electoral errors, but they must not exceed one hour. If a polling station remains open for half an hour beyond 6 pm, this could still be considered reasonable.
The situation for the Left Party was particularly tense before the ruling, as it barely surpassed the five percent threshold in the 2021 elections. If the Berlin election had to be completely re-held, figures like Gregor Gysi or Gesine Lötzsch could have potentially lost their constituency and all 39 members of the Left Party would have been displaced. Fortunately, the ruling has ruled out this possibility in Gysi and Lötzsch's constituencies.
The election is set to be re-held in the affected districts on February 11, 2024.
