Germany's two major parties finalized an agreement to form a coalition government on November 11, 2005, almost two months after an early general election held on September 18, 2005 failed to produce a clear winner. A description of the Mixed Member Proportional (MMP) election system used in the Federal Republic of Germany since 1949 is presented here.

In addition, federal- and state-level results are available here for the following Bundestag elections:

Full results of the 2005 federal election are available in German at the Federal Returning Officer's Bundestag Election 2005 Results Web site. All other election statistics presented in this space come from official reports and data files issued by the Federal Statistical Office of Germany.

• Historical Background
• The Electoral System
• Allocation of Seats in the 1998 Bundestag Election
• Allocation of Seats in the 2002 Bundestag Election
• MMP in Perspective
• Online Resources

Historical Background

The constitutional and electoral arrangements in the Federal Republic of Germany have as their fundamental goal the safeguarding of democracy against a recurrence of totalitarianism, Nazi or otherwise. There were several reasons for which the Weimar Republic of 1919-33 succumbed to the right-wing extremism of Adolf Hitler: a lack of legitimacy among important sectors of German society, a flawed constitution, and finally an electoral law based upon a very extreme implementation of proportional representation (PR), which guaranteed parliamentary representation to even the smallest of political groups, and in turn produced highly fragmented legislatures in which it was very difficult to form stable coalitions.

As a result, the electoral law introduced for the 1949 parliamentary elections, although based once again upon the principle of PR, required political parties to receive at least five percent in at least one of the Länder - the states of the Federal Republic - in order to participate in the proportional allocation of seats. Nevertheless, twelve parties found their way to the legislature. As a result, for the 1953 election the five percent threshold was set at the federal level, and the number of parties represented in the legislature dropped to seven. A further reform in 1956 introduced an initial nationwide allocation of seats, originally by the d'Hondt or largest average method, and since 1985 by the Niemeyer variant of the largest remainder system, detailed below.

By 1961 there were just four parties with legislative representation, a figure that remained unchanged for more than two decades. Since 1990, there have been six parties represented in Parliament. Nonetheless, two major parties, the Christian Democratic Union/Christian Social Union (CDU/CSU), and the Social Democratic Party of Germany (SPD) have dominated the German political landscape since 1949. Except for the 1966-69 and the upcoming CDU/CSU-SPD Grand Coalition governments, all German governments since the establishment of the Federal Republic have been coalitions of either of these two parties with one (or more) of the smaller parties. For many years the balance of power was held by the small, liberal Free Democratic Party (F.D.P.), which stood ideologically between the two large parties, and was in the position of providing either with the absolute majority neither could attain by itself. However, from 1998 to 2005 the country was ruled by a coalition of the SPD and Alliance 90/The Greens, with the CDU/CSU, the F.D.P. and the Party of Democratic Socialism (PDS) in opposition.

The 2005 general election - held a year early after German Chancellor Gerhard Schröder deliberately lost a vote of confidence in the Bundestag - did not produce a decisive outcome, as the ruling SPD-Alliance 90/The Greens coalition lost its parliamentary majority, but the CDU/CSU and its ally, the F.D.P., failed to secure a majority between themselves. Although the Left Party alliance of the PDS and the Labor and Social Justice Party (WASG) held the balance of power between the existing blocs, the SPD ruled out any kind of deal with the left-wing alliance. Moreover, attempts to form either a CDU/CSU-F.D.P.-Alliance 90/The Greens "Jamaica" coalition (so named for the colors of the Jamaican flag and the parties involved, respectively black, yellow and green) or a SPD-F.D.P.-Alliance 90/The Greens "traffic light" coalition (red-yellow-green) proved unsuccessful, leaving as the only alternative a Grand Coalition government between the SPD and the CDU/CSU. After several weeks of painstaking negotiations, in November 2005 the two major parties finally reached an agreement under which CDU leader Angela Merkel became Germany's first-ever female Chancellor, but the SPD retained a majority of Cabinet posts in the new government.

The Electoral System

The Parliament of the Federal Republic of Germany (FRG) consists of a lower house, the Bundestag, whose members are directly elected by universal adult suffrage, and an upper house, the Bundesrat, composed of representatives appointed by the Länder. The two bodies are not coequal chambers, with the Bundestag being the more powerful of the two.

The Bundestag is composed of 598 members elected for a four-year term of office. Prior to the German reunification of 1990 (in which the Länder of the German Democratic Republic were incorporated into the FRG), there were 496 seats in the chamber: for the post-reunification legislative elections held in 1990, 160 seats were added to represent the new Länder and Berlin, for a total of 656 seats. In 2002 the number of seats in the Bundestag was reduced to the current number.

The composition of the Bundestag is determined by the Mixed Member Proportional (MMP) system - also known as personalized proportional representation - which combines elements of the single-member constituency plurality system with PR. Under this system, the country is divided into a number of single-member constituencies (Wahlkreisen) equal to half the total amount of seats in the Bundestag. There were 248 of these constituencies between 1957 and 1987, 328 between 1990 and 1998, and 299 since 2002. These constituencies are allocated among the Länder in proportion to the size of their populations, and seats are filled by the plurality or first-past-the-post method, under which the candidate obtaining the largest number of votes in each constituency is elected.

However, in addition to nominating individual candidates for the direct mandate (Direktmandate) elections at the constituency level, political parties set up lists of individuals at the Land level (Landesliste). Each German casts two votes, namely a first vote (Erststimme) for a constituency candidate, and a second vote (Zweitstimme) for a party list. Party lists are closed, so electors may not choose individual candidates in or alter the order of such lists. Of the two votes, the second vote is the most important, since it is the one that determines the composition of the Bundestag.

In order to participate in the proportional allocation of Bundestag seats, a party must receive at least five percent of all valid second votes cast; however, this requirement is waived if a party wins three or more constituency seats. For the 1990 election only, a special arrangement was set up by which Germany was divided in two electoral zones, one comprising the pre-reunification FRG, plus West Berlin, the other being the area of the former German Democratic Republic (GDR). Any party that secured five percent of the vote in either area was entitled to participate in the federal distribution of seats, even if its national share of second votes was below the standard five percent threshold.

The seats in the Bundestag are apportioned among qualifying parties by means of the Niemeyer variation of the largest remainder method of PR. To determine how many seats each party will receive, its total number of second votes is divided by the aggregate sum of second votes cast for all qualifying parties, and this amount is multiplied by the total number of Bundestag seats to be allocated. This procedure will produce a whole number, which is the number of seats initially allocated to the party, and a decimal fraction. Once this calculation is performed for all qualifying parties, the sum or aggregate number of allocated seats is obtained: if this total equals the number of Bundestag seats, the proportional allocation of seats at the federal level is concluded. On the other hand, if this total is smaller than the total number of seats to be allocated - as it is usually the case - unallocated seats are awarded to the parties according to the descending order of their decimal fractions.

The mandates obtained by each party are then allocated at the Land level in proportion to the number of votes received by their Land lists. The direct mandates won by a party at the constituency level of a particular Land are then subtracted from the total number of seats allocated to that party's list, and the remaining seats are filled by the candidates on the Land list in the order determined before the election.

In some instances, a party may win more constituency seats in the first vote of a particular Land than the number of seats it is entitled to according to the result of the second vote. In such cases, the party keeps the overhang or surplus seats (Überhangmandate), and the total number of seats in the Bundestag is increased accordingly.

Allocation of Seats in the 1998 Bundestag Election

In the 1998 Bundestag election, six parties, namely the SPD, the CDU and its Bavarian counterpart, the CSU (which forms a joint parliamentary group with the CDU but runs as a separate party), Alliance 90/The Greens, the F.D.P. and the PDS received at least five percent of all valid second votes cast, and were thus entitled to participate in the proportional allocation of seats at the federal level; between themselves, these parties accumulated a total of 46,408,690 second votes. None of the other parties that participated in the election reached the five percent threshold nor received any constituency mandates; therefore, these were excluded from the apportionment process.

The next step was to calculate the number of seats each one of the six qualifying parties was entitled to receive. The results were as follows:

At this point, the allocation of Bundestag seats stood as follows:

However, four of the 656 seats remained to be allocated. The highest decimal fractions were then determined, by sorting them in descending order, as shown below:

Since the CSU, the CDU, Alliance 90/The Greens and the PDS had the four largest fractions, one seat was allocated to each of these parties. This operation completed the initial allocation of seats at the federal level in the following manner:

The seats obtained by each party were then distributed in proportion to the votes received by its Land lists. For example, in Nordrhein-Westfalen the SPD received 5,097,425 of the 20,181,269 second votes cast for the party. Since the party was awarded 285 Bundestag mandates at the federal level, the proportionate share of party mandates in this Land was calculated as follows:

for an initial total of 71 seats.

The Land-level allocation of SPD mandates according to the Niemayer variation of the largest remainder method produced the following results:

A total of ten unallocated SPD seats were distributed among the party Land lists with the largest decimal fractions, presented below in descending order:

As a result, the distribution of SPD seats at the Land level stood as follows:

The process was repeated with the CDU, Alliance 90/The Greens, F.D.P. and PDS Land lists. In the case of the CSU, all its votes were cast in Bayern (Bavaria), the only state where the party is organized and contests elections, so no allocation among Land lists was necessary.

It should be noted that all Land lists of a party that qualifies for Bundestag representation participate in the Land-level allocation of party seats, even when they have received less than five percent of the vote in their respective Länder.

At this point, the direct mandates won by each party in a particular Land (if any) were deducted from its proportional seat allocation. For example, the 53 constituency seats won by the SPD in Nordrhein-Westfalen were subtracted from its proportional allocation of 72 seats, so the party was awarded nineteen list seats in that Land. In the case of Alliance 90/The Greens and the F.D.P. all their seats came from their respective party lists, as neither party won constituency seats.

However, in several Länder the number of constituency seats won by the SPD exceeded the Land list seat allocation. For example, in Brandenburg the SPD list was allocated nine seats, but the party secured twelve direct mandates, or three seats above the number to which it was entitled. As noted previously, the electoral law allows parties to keep these additional mandates. In this case, the SPD retained the surplus or overhang seats, and none of the individuals in the party Land list was elected. Nationwide, the SPD won thirteen overhang seats, thus securing 298 of the 669 seats in the expanded Bundestag, which were distributed among the Lander in the following manner:

Shortly thereafter, the SPD formed a coalition government with Alliance 90/The Greens. Although the overhang seats won by the SPD did not change the outcome of the election, the surplus mandates provided the ruling coalition with a comfortable Bundestag majority of twenty-one seats over the combined opposition parties, as opposed to a narrow eight-seat majority on a strictly proportional seat allocation.

Allocation of Seats in the 2002 Bundestag Election

In the 2002 Bundestag election, five parties, namely the SPD, the CDU, the CSU, Alliance 90/The Greens and the F.D.P. won at least five percent of all valid second votes cast, which entitled them to participate in the proportional distribution of seats at the federal level; between themselves, these parties accumulated a total of 44,620,479 second votes. None of the other parties that participated in the election reached the five percent threshold nor received any constituency mandates (save for the PDS, which won two direct mandates in East Berlin); therefore, these were excluded from the apportionment process. Additionally, the two direct mandates won by the PDS were deducted from the total number of seats to be distributed by proportional representation.

The next step was to calculate the number of seats each one of the five qualifying parties was entitled to receive. The results were as follows:

At this point, the allocation of Bundestag seats - including the two direct mandates won by the PDS - stood as follows:

However, three of the 598 seats remained to be allocated. The highest decimal fractions were then determined, by sorting them in descending order, as shown below:

Since the SPD, Alliance 90/The Greens and the CSU had the three largest fractions, one seat was allocated to each of these parties. This operation completed the initial allocation of seats at the federal level in the following manner:

The seats obtained by each party were then distributed in proportion to the votes received by its Land lists. For example, in Nordrhein-Westfalen the SPD received 4,499,388 of the 18,488,668 second votes cast for the party. Since the party was awarded 247 Bundestag mandates at the federal level, the proportionate share of party mandates in this Land was calculated as follows:

for an initial total of 60 seats, which remained unchanged when all SPD mandates were allocated among its sixteen Land lists. The process was repeated with the CDU, Alliance 90/The Greens and F.D.P. Land lists. In the case of the CSU, all its votes were cast in Bayern (Bavaria), so no allocation among Land lists was necessary.

At this point, the direct mandates won by each party in a particular Land (if any) were deducted from its proportional seat allocation. For example, the 45 constituency seats won by the SPD in Nordrhein-Westfalen were subtracted from its proportional allocation of 60 seats, so the party was awarded fifteen list seats in that Land. All the F.D.P. seats came from Land lists, as that party won no constituency seats; this was also the case with all but one of the seats won by Alliance 90/The Greens, which for the first time ever won a direct mandate (in Berlin.)

However, in several Länder the number of constituency seats won by the SPD and the CDU exceeded the Land list seat allocation. For example, in Sachsen-Anhalt the SPD list was allocated eight seats, but the party secured ten direct mandates, or two seats above the number to which it was entitled. Since the electoral law allows parties to retain these surplus or overhang seats, the SPD, with four overhang seats, secured 251 of the 603 seats in the expanded Bundestag, while the CDU, with one overhang seat, increased its representation to 190 seats.

After the election, the SPD renewed the coalition agreement with Alliance 90/The Greens. The overhang seats won by the SPD and the CDU did not change the outcome of the election, but the surplus mandates increased the SPD-Alliance 90/The Greens overall majority to nine seats, as opposed to a six-seat margin on a strictly proportional seat allocation.

MMP in Perspective

In the course of the last half-century, MMP has effectively eliminated the problem of parliamentary fragmentation in Germany, producing stable coalition governments, as well as keeping typically small extremist groups out of the legislature. That said, it should not be assumed that the system will always produce parliamentary exclusion of such groups, for in difficult economic times, these may find considerable electoral support, even without prior parliamentary representation, at it has been the case in a number of state elections held in recent years.

Finally, it is worth noting that a number of countries around the world have adopted the German system for parliamentary elections, most notably among them New Zealand, where voters approved the switch from the first-past-the-post system to MMP in a 1993 referendum.

Online Resources

• Election Resources on the Internet: Germany
• The German Bundestag
• International IDEA | Electoral System Design

Copyright © 2002-2005 Manuel Álvarez-Rivera. All Rights Reserved.
Last update: November 27, 2005.