BundesWahlgesetz

Bundeswahlgesetz (BWaG) is the federal law governing the conduct of elections to the German Bundestag, the European Parliament, and certain other federal bodies. Enacted in its current form in 1965 and subsequently amended, the law delineates the legal framework for election procedures, ballot design, voter eligibility, party registration, and the allocation of seats.

The BWaG defines the universal suffrage principle, stipulating that all German citizens aged eighteen on election day are entitled to vote and to stand as candidates, subject to residency and registration requirements. It outlines the composition and functions of electoral districts (Wahlkreise), which are regularly adjusted to reflect demographic changes, ensuring roughly equal numbers of voters per district.

Political parties and electoral alliances must submit lists of candidates and fulfill thresholds for participation, including the 5 % national vote minimum or three direct mandates to gain proportional representation in the Bundestag. The law regulates the use of mixed-member proportional representation, combining first‑past‑the‑post constituency seats with party‑list seats, and details the method for calculating seat distribution (the Sainte‑Laguë/Schepers method).

Procedural aspects covered by the BWaG include the organization of polling stations, the use of secret ballots, the handling of absentee and early voting, and the responsibilities of election officials. It also provides clauses for contesting election results, the filing of complaints, and procedures for recounts and invalidation of votes.

Amendments to the Bundeswahlgesetz have addressed issues such as gender quotas, campaign financing limits, and the integration of electronic voting trials. The law operates alongside the German Constitution (Grundgesetz) and the Federal Electoral Regulations (Bundeswahlordnung), forming the legal basis for Germany’s democratic electoral system.