Local Election Process Challenged in Court by FDP - Local election process being contested by FDP due to implementation of novel counting method
**FDP Challenges Change in Voting Procedure for Hesse Local Elections**
The Free Democratic Party (FDP) has filed a lawsuit against the upcoming change in the counting procedure for local elections in the German state of Hesse. The lawsuit, centred on concerns about fairness and accurate party representation, challenges the adoption of the d'Hondt method for seat allocation instead of the previously used Hare-Niemeyer method.
The FDP argues that the change disadvantages smaller parties like themselves, leading to less proportional representation and affecting their chances of gaining seats. The party claims this shift undermines the democratic principle of fair representation.
Another concern raised by the FDP is the late change in the electoral procedure. Parties, they argue, planned their campaigns and electoral strategies based on the Hare-Niemeyer method, and such a last-minute change disrupts the electoral landscape.
Legal and procedural concerns also form part of the FDP's argument. The party may contend that the change in counting procedures violates existing electoral laws or principles enshrined in election regulations or the state constitution, warranting judicial review.
The d'Hondt method, on the other hand, favours larger parties slightly, tending to amplify majorities. In contrast, the Hare-Niemeyer method is more proportional, giving smaller parties a better chance of gaining seats.
If the lawsuit is successful, it may require Hesse to revert to the Hare-Niemeyer method or another proportional system that better respects the principle of proportional representation in local elections. The counting procedure for local elections in Hesse will be changed from the Hare-Niemeyer procedure to the d'Hondt procedure, named after Belgian law professor Victor d'Hondt.
The reform of the municipal electoral law in Hesse will also eliminate one-person factions in Hesse's municipal parliaments. The change is intended to counteract fragmentation in municipal parliaments in Hesse and increase the ability of municipalities to act, reducing bureaucracy and providing more room for local decision-making.
However, the FDP has criticised the change, stating that it distorts the voter's will. The party's MP, Oliver Stirböck, stated in the Wiesbaden state parliament that the reform will make larger parties bigger and smaller parties smaller. FDP's Moritz Promny spoke of a distortion of the voter's will in relation to the reform.
The FDP state parliamentary opposition plans to file a lawsuit against the reform of the municipal electoral law in Hesse on Wednesday at the State Court of Justice in Wiesbaden. The municipal parliaments in Hesse will be newly elected on March 15, 2026.
- The Free Democratic Party's lawsuit, under the category of 'policy and legislation', questions the shift in the voting procedure for local elections in Hesse, citing concerns about fair representation and proportionality, which falls under 'politics'.
- Besides legal and procedural arguments, the FDP's lawsuit, in the realm of 'general news', endeavors to challenge the change in the electoral procedure for the Hesse local elections, claiming it violates existing electoral laws, undermines the democratic principle of fair representation, and distorts the voter's will.
