From BZ editors
Once a week, ex-rulers Eberhard Diepgen (CDU) and Walter Momper (SPD) discuss topics that move the capital in the BZ Berlin. Today is about the Berlin breakdown election from last September.
Eberhard Diepgen: Yes, you have to redial the number
The Federal Returning Officer spoke of a complete systematic failure of the electoral organization and called for the elections to be repeated in half of the Berlin Bundestag constituencies.
Shortly after the election date, there was talk of “fundamental administrative organizational deficits”. In view of the extent of the grievances in the jointly conducted elections to the Bundestag, the House of Representatives and the district assemblies, it can hardly be said that “only” individual parts of the elections were affected.
In my polling station z. B. Eligible voters rejected because ballot papers for individual elections had run out. They were put off to try again later. Because of the insufficient number of polling booths, they had to wait an excessively long time beforehand. You hadn’t voted yet. And do it again? Participation in all ballots was objectively impeded.
The still incumbent deputy Berlin state returning officer wants to avoid repeat elections, which is disproportionate. The unfortunate mishaps would not have had a decisive impact on the result.
Given the abundance of glitches and the varied reactions of people, how does she know that? Tight results in Bundestag constituencies mean that the Federal Returning Officer is pushing for a repeat election in these districts.
Due to wrong decisions in individual Berlin electoral districts, the resigned state returning officer had also suggested checks and repetitions for the state elections. Beyond legal subtleties, the only question that remains is whether all election processes – Bundestag, House of Representatives and districts – have to be repeated in the event of “systematic failure”. I think this is legally necessary. The breakdowns were too extensive and scattered far and wide across Berlin.
But it’s not just a legal issue. Democracy has been damaged. This damage is best repaired by repeating the elections. Berlin members of the Bundestag, the House of Representatives and the Senate must be freed from the question mark on their democratic legitimacy.
Walter Momper: No, not at the current status
Basically, this question cannot yet be answered clearly. First of all, it must be stated that the irregularities had an impact on the assignment of mandates.
If the election results for the individual candidates are very close together and the difference is so small that a different candidate would have won if they had behaved slightly differently than has been determined up to now, then the election must be repeated. But this proof must be provided beforehand. He is nowhere to be seen even remotely.
The Federal Returning Officer has now said that the election result will be contested in six Bundestag constituencies. He did not justify where the irregularities are and that they are relevant to the mandate. So far he has failed to make this important public announcement. Therefore, his claims are pure claims without any evidentiary value. He has to be a bit more precise and state exactly the facts relevant to the result.
It seems to me that the Federal Returning Officer is throwing smoke candles. It is not at all clear whether it had an impact on the Bundestag elections or whether it affects the House of Representatives elections. All of this has yet to be determined.
It must be presented publicly and it must be presented in a comprehensible manner. A decision can then be made about which elections will be repeated in which constituencies.
To say it again: only if the irregularities are also relevant to the mandate do they lead to new elections. Otherwise, the old election result will remain.
