BSW's Unsuccessful Appeal Against Bundestag Election Results in Karlsruhe
Karlsruhe denies BSW's objections concerning voting privileges - Karlsruhe dismisses BSW's objections concerning the right to vote
The Bündnis Sahra Wagenknecht (BSW) has met with disappointment in their bid to challenge the results of the Karlsruhe leg of the Bundestag election. The Federal Constitutional Court dismissed two complaints filed by the party as inadmissible on June 3, 2025. The party had insufficiently demonstrated how their right to equal opportunities was allegedly violated.
In response to the decision, BSW co-chair Amira Mohamed Ali expressed ongoing constitutional concerns about the election outcome. Party founder Sahra Wagenknecht confirmed that another appeal to Karlsruhe is imminent if the Bundestag's electoral review committee does not rule in favor of the BSW.
BSW narrowly missed the 5 percent hurdle in the February Bundestag election, with 4.981 percent of the votes. The party promptly questioned the result, pointing to findings from individual recounts at various locations. These recounts revealed that BSW votes had been misassigned or deemed invalid.
The Central Matters: Recounts and Ballot Placement
As announced by the Constitutional Court, the dismissed complaints centered around two primary concerns. On one hand, the BSW believed the Bundestag should have implemented a legal remedy enabling an immediate recount in case of a close miss of the 5 percent threshold and doubts about the accuracy of the election results. Moreover, the BSW demanded a different order of parties on the ballot as per the Federal Election Act, aiming to prevent the party from being equated with "old and new small and splinter parties."
Amira Mohamed Ali pointed out: "If there's a 5 percent hurdle, it should ensure that only parties not represented in the Bundestag are those that were definitively not elected by 5 percent of voters. At least, this ought to be open to the BSW." It has been established that there were irregularities and systematic counting errors disadvantageous to the BSW during the counting process, some of which remained undisputed. "Therefore, it remains a constitutional issue if it is not promptly determined whether the Bundestag has been correctly constituted and whether the current government has any democratic legitimacy," said BSW co-chair Ali.
Failed Emergency Applications
The party sought recourse from the Federal Constitutional Court immediately after the election in March, without success. At that time, the Karlsruhe judges rejected several emergency applications, which included BSW's request for a recount before the final result was official, as well as individual member requests related to one of the dismissed complaints. The Second Senate referred to the usual electoral review procedure in the Bundestag.
With the other rejected complaint, the BSW sought to establish that the Bundestag should create a special regulation for party placement on the ballots, sparing the BSW from being grouped with "old and new small and splinter parties." The Federal Constitutional Court did not share this view.
Wagenknecht: "Time is of the Essence"
Since lodging an appeal with the Election Review Committee, the BSW, particularly founder Wagenknecht, has urged a swift decision. "The factor time is crucial," she explained in an interview with Stern. "It's questionable whether the legislator failed to establish a deadline." Only after the committee, comprised solely of parties opposed to the BSW in the Bundestag, has acted can the BSW file a complaint with the Federal Constitutional Court for a recount of the votes. If the BSW manages to enter the Bundestag retroactively, the black-red coalition would no longer have a majority.
- Bundestag
- Karlsruhe
- Federal Election
- Federal Constitutional Court
- Complaint
- Sahra Wagenknecht
- Election Law
- Ballot Placement
- Federal Election Law
- Alliance Sahra Wagenknecht
- Constitutional Court
- Amira Mohamed Ali
- Mohamed Ali
- Amira Mohamed Ali, a Member of the European Parliament and co-chair of the Bündnis Sahra Wagenknecht (BSW), has raised concerns about the constitutional legitimacy of the Bundestag's recent election results in Karlsruhe, stating that the close miss of the 5 percent hurdle by the BSW should ensure that only parties not elected by 5 percent of voters are not represented in the Bundestag.
- The BSW, led by Sahra Wagenknecht, has been actively seeking a recount of votes in response to alleged irregularities and systematic counting errors during the election process. The party has appealed to the Election Review Committee and, if successful, could retroactively enter the Bundestag, potentially disrupting the black-red coalition's majority.
