What is the 25th change

Twenty-fifth law amending the federal election law (25th BWahlGÄndG n.a.Abk.)


Input formula



The Bundestag has passed the following law:


Article 1 Amendment of the Federal Electoral Act



The Federal Election Act as published on July 23, 1993 (Federal Law Gazette I p. 1288, 1594), which was last amended by Article 1 of the Act of October 28, 2020 (Federal Law Gazette I p. 2264), is as follows changed:

1.
In the table of contents, the information on Section 55 is worded as follows:

"Section 55 Reform Commission".

different entry into force on 01/01/2024

2.
In Section 1 (2), the phrase "299" is replaced by the phrase "280".

End of different entry into force


3.
Section 6 is amended as follows:

a)
Paragraph 5 is worded as follows:

"(5) The number of seats remaining in accordance with paragraph 1 sentence 3 shall be increased until each party receives at least the total number of seats allocated to their state lists according to sentences 2 and 3 in the second distribution of seats in accordance with paragraph 6 sentence 1. For each state list, the higher value is calculated from either the number of seats won in the country by candidates for the party in the constituencies according to § 5 or the mean value, rounded up to whole seats, between these and those for the state list of the party after the first distribution according to paragraph 2 and 3 determined seats assigned. Each party receives at least the seats determined for their state lists in the first distribution in accordance with paragraphs 2 and 3. In the case of the increase, seats won in the constituencies that cannot be deducted from the number of seats determined for the state list in accordance with paragraph 4 sentence 1, up to a number of three, are not taken into account. The total number of seats (Section 1 (1)) increases by the difference. "

b)
Paragraph 6 is amended as follows:

aa)
In sentence 1, "sentence 1" is deleted.

bb)
In sentence 2, second half-sentence, the words "number of seats won by the party in the country's constituencies" are replaced by the words "number of seats determined for them in accordance with paragraph 5 sentence 2".

cc)
The following sentences are inserted after sentence 3:

“Seats won in the constituencies remain with a party even if they exceed the number determined in accordance with sentence 1. In this case, the total number of seats (Section 1 (1)) increases by the difference; a new calculation according to sentence 1 does not take place. "

4.
In Section 46 (2), the phrase "sentence 5" is replaced by the phrase "sentence 7".

5.
The following sentence is inserted after Section 48 (1) sentence 1:

"This does not apply as long as the party holds mandates in the country concerned in accordance with Section 6 (6) sentence 4."

6.
Section 55 is worded as follows:

"Section 55 Reform Commission

A reform commission is set up at the German Bundestag to deal with questions of electoral law and to draw up recommendations. It also deals with the question of the right to vote from the age of 16, the length of the legislative period and develops proposals for modernizing parliamentary work. The Reform Commission will also recommend measures to achieve equal representation of women and men on the candidate lists and in the German Bundestag. The commission should present its results by June 30, 2023 at the latest. The details are regulated by an appointment resolution to be passed immediately by the German Bundestag. "


Article 2 Entry into force



(1) Subject to Paragraph 2, this Act shall come into force on the day after its promulgation *).



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*)
Note d. Red .: The announcement was made on November 18, 2020.


Closing formula



The constitutional rights of the Federal Council are preserved.

The above law is hereby executed. It is to be announced in the Federal Law Gazette.

The federal president

Steinmeier

The Chancellor

Dr. Angela Merkel

The Federal Minister of the Interior, for Building and Home Affairs

Horst Seehofer

Link to this site: https://www.buzer.de/gesetz/14232/index.htm