2009 German federal election

Electoral system

According to Article 38 of the Basic Law for the Federal Republic of Germany, members of the Bundestag shall be elected in general, direct, free, equal, and secret elections; everyone over the age of eighteen is entitled to vote.

In 2008, some modifications to the electoral system were required under an order of the Federal Constitutional Court of Germany. The court had found a provision in the Federal Election Law by which it was possible for a party to experience a negative vote weight, namely losing seats due to more votes, violated the constitutional guarantee of the electoral system being equal and direct. The court allowed three years for these changes, so the 2009 German federal election was not affected. The changes were due by 30 June 2011 but appropriate legislation was not completed by that deadline. A new electoral law was enacted in late 2011 but was declared unconstitutional once again by the Federal Constitutional Court upon lawsuits from the opposition parties and a group of some 4,000 private citizens.

Four of the five factions in the Bundestag agreed on an electoral reform whereby the number of seats in the Bundestag will be increased as much as necessary to ensure that any overhang seats are compensated through apportioned leveling seats, to ensure full proportionality according to the political party's share of party votes at the national level. The Bundestag approved and enacted the new electoral reform in February 2013.

The Bundestag is elected using mixed-member proportional representation, meaning that each voter has two votes, a first vote for the election of a constituency candidate by first-past-the-post and a second vote for the election of a state list. The Sainte-Laguë/Schepers method is used to convert the votes into seats, in a two-stage process with each stage involving two calculations. First, the number of seats to be allocated to each state is calculated, based on the proportion of the German population living there. Then the seats in each state are allocated to the party lists in that state, based on the proportion of second votes each party received.

In the distribution of seats among state lists, only parties that have obtained at least five percent of the valid second votes cast in the electoral area or have won a seat in at least three constituencies are taken into consideration. The minimum number of seats for each party at federal level is then determined. This is done by calculating, for each party state list, the number of constituency seats it won on the basis of the first votes, as well as the number of seats to which it is entitled on the basis of the second votes. The higher of these two figures is the party's minimum number of seats in that state. Adding together the minimum number of seats to which the party is entitled in all of the states produces a total representing its guaranteed minimum number of seats in the country as a whole.

In order to ensure that each party receives its guaranteed minimum number of seats when the seats are allocated using the Sainte-Laguë/Schepers method, it may become necessary to increase the number of seats in the Bundestag. Then it must be ensured that the seats are distributed to the parties in line with their national share of the second votes. Additional overhang seats, or balance seats, are created to ensure that the distribution of the seats reflects the parties' share of the second votes and that no party receives fewer than its guaranteed minimum number of seats. Balance seats are also necessary to ensure that each party requires roughly the same number of second votes per seat. Once the number of seats which each party is entitled to receive across the country has been determined, the seats are allocated to the parties' individual state lists. Each state list must receive at least as many seats as the number of constituencies which the party won in the state in question.

Campaign

Since the 2005 election, Chancellor Angela Merkel (CDU) had governed in a grand coalition with the SPD. However, it was her stated goal to win a majority for CDU/CSU and FDP (the CDU/CSU's traditional coalition partner) in 2009.

Foreign minister and Vice-Chancellor Frank-Walter Steinmeier (SPD) was formally nominated as his party's chancellor-candidate at a convention on 18 October 2008. He aimed to form a government in which the SPD was the strongest party, but which also excluded the left-socialist party The Left.

The election campaign was considered exceptionally boring, which may be attributable to a perceived lack of charisma on the part of the leaders of the CDU and SPD. Another reason pointed to for the sedate campaign is that the CDU and SPD both defended the record of their grand coalition, and facing the possibility of having to continue the grand coalition in a friendly manner. Merkel was content with the low-key campaign style, which was largely seen as benefiting her party because of her high approval ratings.

CDU candidate Vera Lengsfeld released a campaign poster featuring herself and Merkel in a way that emphasised their cleavage. The poster bore the slogan "We have more to offer" (German: "Wir haben mehr zu bieten").

On 23 September 2009, four days before the federal elections, German police raided the Berlin headquarters of the National Democratic Party of Germany NPD to investigate claims that letters sent from the NPD to politicians from immigrant backgrounds incited racial hatred. The NPD leader in Berlin defended the letters saying that "As part of a democracy, we're entitled to say if something doesn't suit us in this country."

The federal election was the final and most important election in what is called a Superwahljahr (super election year) in Germany. In addition to the election of a new Bundestag, also scheduled for 2009 were the election to the European Parliament on 7 June, seven local elections on the same day, five state elections and an additional local election in August and September and the election of the president of Germany by the Federal Assembly on 23 May.

Opinion polls

The CDU/CSU and FDP, with an average vote share of around 50% in pre-election polling during the weeks before the election, were clearly ahead of the other traditional coalition partners in Germany, SPD and the Greens.

Results

The Christian Democratic Union (CDU), the Christian Social Union of Bavaria (CSU), and the Free Democratic Party (FDP) were able to form a centre-right government, with Angela Merkel of the CDU continuing as the chancellor and the leader of the FDP, Guido Westerwelle, becoming foreign minister and vice-chancellor.

The CDU/CSU received a slightly lower proportion than in the previous election, with the Bavarian CSU receiving its lowest vote share in decades. Overall, the CDU/CSU had their worst vote share in 60 years. In contrast, their preferred coalition partner, the liberal FDP, gained nearly 5% points to give it 14.6% of the vote, the best result of its history. The big loser of the election was the SPD, which received its worst result ever in a federal election, receiving only 23% of the total party vote and suffering the biggest percentage loss of any party in German federal election history in 60 years. The two other parties represented in the Bundestag, the Left and the Greens, both made large gains and received the highest vote share of their respective histories. For the first time, The Left won constituency seats outside its traditional stronghold of East Berlin. As a result of the losses by the SPD and the gains by the FDP, the alliance of the CDU/CSU and FDP received an outright majority of seats, ensuring that Angela Merkel would continue as chancellor.

Had the CDU/CSU and FDP failed to win a majority of seats, possible alternative coalitions may have included a continuation of the grand coalition of CDU/CSU and SPD. A traffic light coalition (SPD–FDP–Greens) was specifically ruled out by FDP leader Guido Westerwelle.

Results by state

Second Vote (Zweitstimme, or votes for party list)

File:Bundestag 2009 CDU-CSU.svg|CDU-CSU vote File:Bundestag 2009 SPD.svg|SPD vote File:Bundestag 2009 FDP.svg|FDP vote File:Bundestag 2009 Linke.svg|Linke vote File:Bundestag 2009 Buendnisgruene.svg|Grüne vote File:Bundestag 2009 PIRATEN.svg|PIRATEN vote

Constituency seats

List seats

Notes

References

References

1. "Der Wahltermin für die Bundestagswahl 2009". [[Federal Returning Officer.
2. (27 September 2009). "Merkel's rival concedes defeat in German election". The Telegraph.
3. "GG - Art 38".
4. (3 July 2008). "Federal Constitutional Court decision on the Federal Election Law". Bverfg.de.
5. [http://www.bverfg.de/entscheidungen/fs20120725_2bvf000311.html Decision of the Federal Constitutional Court] {{Webarchive. link. (19 August 2012. 25 July 2012. Retrieved 13 August 2012.)
6. [http://dipbt.bundestag.de/dip21/btd/17/118/1711819.pdf Bill amending the Federal Election Law] {{Webarchive. link. (24 December 2012. 11 December 2012. Retrieved 25 December 2012.)
7. (2013-02-22). "Bundestag: Deutschland hat ein neues Wahlrecht". Die Zeit.
8. "BWahlG - § 5 Wahl in den Wahlkreisen".
9. "BWahlG - § 4 Stimmen".
10. "Der Bundeswahlleiter".
11. "BWahlG - § 6".
12. (18 October 2008). "Frank-Walter Steinmeier zum SPD-Kanzlerkandidaten gewählt". [[Social Democratic Party of Germany.
13. https://cn.reuters.com/article/instant-article/idUSTRE58M2OS20090923. (March{{Dead link). (November 2021)
14. (25 September 2009). "Apathy in Germany: Record Low Voter Turnout Expected in National Election". [[Der Spiegel]].
15. (17 September 2009). "'Merkel factor' could decide German vote". BBC News.
16. (25 September 2009). "The left in the German elections". [[Socialist Worker]] Online.
17. Chu, Henry. (27 September 2009). "Many Germans may sit out this vote". [[Los Angeles Times]].
18. (2009-08-12). "Bosom pals pep up German politics".
19. (11 August 2009). "German Politician Uses Merkel's Cleavage to Woo Voters". Der Spiegel.
20. (23 September 2009). "German 'race hate' letters probed". BBC News.
21. (22 September 2009). "NPD sends offensive letter to candidates with Turkish background". Deutsche Welle.
22. (23 September 2009). "Neo-Nazis tell immigrants to 'go home'".
23. (22 September 2009). "Anger results after German neo-Nazis tell immigrant candidates to 'go home'".
24. (17 July 2009). "Opinion Poll Tracker Bundestagswahl 2009 Germany's Federal Election". Alexej Behnisch.
25. [https://www.faz.net/s/Rub4D6E6242947140018FC1DA8D5E0008C5/Doc~EAB7357638589470496F63602B8BE2E6D~ATpl~Ecommon~Scontent.html?rss_politik Allensbach-Umfrage: Vorsprung für Schwarz-Gelb schrumpft.] {{Webarchive. link. (30 November 2021 FAZ.NET, 9 September 2009)
26. "Sonntagsfrage – Umfragen zur Bundestagswahl (Wahlumfrage, Wahlumfragen)". Wahlrecht.de.
27. "Sonntagsfrage – Umfragen zur Bundestagswahl weiterer Institute". Wahlrecht.de.
28. (25 October 2009). "Merkel's FDP Coalition Partner Approves Four-Year Policy Plan". Bloomberg.
29. (28 September 2009). "Boost for the FDP: The German Election's Biggest Winner". [[Der Spiegel]] Online.
30. "A new buzz for Germany". [[The Economist]].
31. (18 August 2009). "SPIEGEL Interview With FDP Leader Westerwelle: 'I Consider a Coalition With the SPD and Greens Out of the Question'". Der Spiegel.
32. "Election to the 17th German Bundestag on 27 September 2009".
33. "The Federal Returning Officer".