Revised Article:
Berlin's 2021 Vote in the Spotlight: Potential Redo and Impacts
Stephan Bröchler, not yet in his role as the state returning officer for the 2021 Bundestag election, joined the queue to cast his vote like many others in Berlin. However, issues arose, leading to the Federal Constitutional Court's examination of potential electoral errors, with a ruling expected on Tuesday in Karlsruhe. This scrutiny stems from an election review complaint lodged by the CDU/CSU parliamentary group in the Bundestag.
What Went Wrong?
On September 26, 2021, amidst the Berlin Marathon and the ongoing coronavirus pandemic, long lines formed outside polling stations. Major drawbacks included a shortage of polling booths, late-hour votes, incorrect or absent ballot papers, and extended interruptions in some cases. The election even continued for more than 100 minutes in certain areas, resulting in minors and ineligible voters casting ballots for the Bundestag.
What's at Stake in the Repeat Election?
The basis for the CDU/CSU parliamentary group's election review complaint stemmed from various factors, such as the Federal Returning Officer challenging the election in six constituencies. Yet, the Bundestag did not declare the election invalid in these constituencies altogether. The CDU/CSU seeks a larger-scale repeat election than what the ruling necessitates.
Will the Court Oblige?
The Constitutional Court judges in Karlsruhe review all relative documents independently and make their decision autonomously without being bound by previous rulings. Scenarios range from null elections to comprehensive re-elections. The possibility of a second vote being sufficient to validate a vote for a party or group is also open for consideration.
Aspects to Consider
Votes cast after 6 p.m. could potentially influence voters, having knowledge of initial poll predictions. Long waiting times could be electoral errors, deterring potential voters. Yet, the Senate must balance correcting the election outcome with the protection of the elected parliament.
When and Under What Law?
If the decision favors a repeat election, a 60-day deadline from the ruling will ensue. The election date, which may be February 11, 2024 (the last day before schools resume after winter vacations), has yet to be finalized. The same electoral law used in the first round will apply during the repeat election, as recently validated by the Federal Constitutional Court.
Impact on Parties
While a complete shift in the Bundestag's balance of power is unlikely, the repeat election could significantly impact smaller parties like the Left Party, which slipped below the five-percent threshold in 2021. Representatives like Gesine Lötzsch and Gregor Gysis, in Berlin constituencies, could lose their seats, causing the Left Party to lose all its seats due to this unprecedented situation.
A Repeat or Not?
Although the Berlin election mishap in 2021 led to a repeat election for the Berlin House of Representatives, no such action currently seems necessary for the Bundestag. The potential repeat election focus is on broader political instability and policy disagreements leading to the snap election set for February 2025.
[1] [2]
Note: Enrichment data was not integrated into the article, but its insights may shed light on the broader context of the elections.
