Unlike Bundestags: Karlsruhe rejects BSW applications for a new choice of choice

The Federal Constitutional Court rejected several applications from the Sahra Wagenknecht alliance (BSW) and from party members with which they wanted to achieve a new count of the Bundestag election. “As before the election, legal protection in relation to this election is only possible before the final election result was found,” said the highest German court in Karlsruhe.

The second Senate referred to the usual election examination procedure at the Bundestag. No unreasonable disadvantages are associated with this. Applications for issuing an interim order are inadmissible. Among other things, the rejected applications were about an urgent application to determine the official end result of the election for the 21st German Bundestag only when the votes are completely newly counted.

After the preliminary result of the Bundestag election in February, the BSW had just noticed the five percent hurdle with 4.972 percent of the votes. According to the party, around 13,400 votes were missing.

“It is regrettable that the Federal Constitutional Court did not follow our urgent applications. It shows that there is a significant need for reform when it comes to the legal options for the election test,” Wagenknecht commented on the Karlsruhe decision. She hopes that more votes for the BSW will be “found”. “Service according to the regulations is not enough when checking this election result, there can only be certainty by a nationwide new count of all votes.”

Wagenknecht’s application aimed to postpone the final result provided for Friday and to achieve a new count. The co-chair Amira Mohamed Ali as well as two members and two voters of the BSW had sued the party founder.

The party argued with the result of individual re -counts in several places. These would have shown that BSW votes had been incorrectly assigned or evaluated as invalid. Wagenknecht last said that after the isolated reviews, the party had already been awarded a few thousand votes. Now only about 9,500 votes were missing for jumping over the five percent hurdle.

Objection after determining the end result

Wagenknecht had already admitted in advance: “We actually have no right to complain now.” The regular process would be to wait for the official end result and then to file an objection to the Bundestag. She wanted to take this path if the current lawsuit does not get through.

For the party, which was only founded in early 2024, the move into the Bundestag would be politically important. If she would find a way to the parliament, the mandates would be divided. A two-person coalition by the Union and SPD might have no majority.