Bundestag election: Karlsruhe is rejecting BSW lawsuits on the right to vote

The Alliance Sahra Wagenknecht (BSW) failed in Karlsruhe with lawsuits on the right of the Bundestag. The Federal Constitutional Court rejected two organizations of the party as inadmissible, as the Supreme German Court announced on Tuesday. The party had not adequately justified to what extent its right to equal opportunities was to have been violated.

BSW-Co-Co-Co-Mohamed Ali said in a reaction to the decision from Karlsruhe that constitutional concerns remained on the outcome of the election. Party founder Sahra Wagenknecht confirmed that the party wants to move to Karlsruhe again if the election examination board does not decide in favor of the BSW.

The BSW was very narrowly due to the five percent hurdle in the Bundestag election in February after a final result with 4.981 percent of the votes. The party doubted the result immediately after the election. She argued with findings of individual re -counts in several places. These would have shown that BSW votes had been incorrectly assigned or evaluated as invalid.

Legal remedy and ballot papers

As the Constitutional Court announced, the now rejected organ layers had two goals. On the one hand, the BSW was convinced that the Bundestag should have introduced a legal remedy. In this way, if the five percent hurdle and asserted doubts, the correctness of the election result could have been required to have an enforcing new counting of the votes. In addition, from the BSW’s point of view, the parliament should have provided a different order of the parties on the ballot paper in the Federal Election Act.

Mohamed Ali said: “If there is a five percent hurdle, it must be ensured that only parties are not represented in the Bundestag that were definitely not chosen by five percent of the voters. This is at least open to the BSW.” It should be proven that the counting of irregularities and systematic counting errors at the expense of the BSW had been checked and some of them had not been checked. “Therefore, it remains a constitutional problem if it is not determined promptly whether the Bundestag is composed correctly and the current government has a democratic legitimation at all,” said the BSW-CO chairman.

Hurries have failed in March

The party had already contacted the Federal Constitutional Court immediately after the election – without success. In March, the Karlsruhe judges rejected several urgent applications with which the BSW and individual members wanted to achieve a new count before the official end result was found. The responsible second Senate referred to the usual election examination procedure in the Bundestag. One of the urgent applications was connected to one of the organ layers, which were now mainly unsuccessful. (Az. 2 BVE 6/25)

With the other rejected lawsuit, the BSW wanted to determine that the Bundestag should have provided a special regulation for the order on the ballot, which did not equate the alliance with “old and new small and splinter parties”. There are no sufficiently factual reasons for a “exile” of the BSW to the lowest ballot area. The Federal Constitutional Court did not follow this view. (Az. 2 BVE 9/25)

Wagenknecht: “Problem is a factor of time”

The BSW has now lodged an objection to the election examination board and party founder Wagenknecht penetrates a quick decision. “The problem is the time factor,” she told the “star”. It is questionable that the legislature did not provide a deadline. “Only when the committee in which all parties are sitting that the BSW does not want to have in the Bundestag did we have to sue before the Federal Constitutional Court for the new counting of the votes.”

If the BSW subsequently moved into the Bundestag, the black and red coalition would no longer have a majority.