Bundeswahlordnung

Bundeswahlordnung is the Federal Elections Ordinance of Germany that governs the conduct of federal elections to the Bundestag. It provides the procedural framework for how votes are collected, counted, and translated into seats, and works alongside the Basic Law (Grundgesetz) and the Federal Elections Act (Bundeswahlgesetz).

Key provisions and structure

The ordinance regulates the practical aspects of the election: eligibility to vote and stand as a candidate, organization of polling stations, ballot formats, and counting methods. In federal elections, voters have two ballots: the Erststimme (first vote) for a direct candidate in a constituency, and the Zweitstimme (second vote) for a party list. Germany is divided into 299 constituencies, each electing one member by first past the post. The Zweitstimme determines the overall proportional representation, with seat allocation largely following the Sainte-Laguë method. If a party wins more direct seats than its share of second votes, overhang seats can occur; to preserve overall proportionality, leveling seats may be added, and the Bundestag size can vary accordingly. The law also covers postal voting, oath of secrecy, ballot handling, recounts, and deadlines.

Voting rights and administration

Wahlberechtigte are generally German citizens aged 18 or older on election day; non-citizens are not eligible to vote in federal elections. The Federal Returning Officer (Bundeswahlleiter) and state election authorities oversee the conduct of the election under the BWahlO, ensuring compliance, certification of results, and handling disputes.

Relation to other norms

The Bundeswahlordnung operates within the constitutional framework and is complemented by the Federal Elections Act; it does not itself regulate European Parliament elections, which are covered by separate legislation.