Court declares Berlin election invalid – election likely to be repeated on February 12, 2023

The election glitches were too serious: the Berlin elections from September 2021 must be repeated in full. This is the conclusion reached by the Berlin Constitutional Court. The capital now has 90 days to hold a new election, and preparations are already underway.

According to Berlin's Senator for the Interior, Iris Spranger (SPD), preparations are already underway for the repetition of the House of Representatives election. "We started preparations for a repeat election early on," said Interior Senator Iris Spranger (SPD) on Wednesday after the verdict. "We have been implementing the recommendations of the expert commission for elections since the summer." She noted the court's decision with respect.

Spranger thanked the new state election supervisor Stephan Bröchler, his office and the districts for their commitment to date in preparing for the repeat election. "Everyone involved knows what is important and works closely and constructively together to ensure that the elections are carried out properly."

The Berlin Constitutional Court had previously announced that the election to the Berlin House of Representatives, which was characterized by numerous mishaps, must be repeated in its entirety. The vote of September 2021 is invalid. The judges thus stuck to their initial assessment, which Court President Ludgera Selting explained at the hearing at the end of September.

SPD country chief Saleh: Senate and Parliament continue to work

Berlin's SPD faction and state leader Raed Saleh announced that the Senate and Parliament would continue to do their work after the Constitutional Court's decision to repeat the election. "We must ensure that in the greatest crisis in decades as a result of the Russian war of aggression, people in the city can make a living, keep their homes and heat them," Saleh said. "The House of Representatives and the Senate will continue to work in the interests of the people of Berlin until the elections are repeated." Nothing has changed in this task in the interests of the people.

According to the Berlin CDU, the verdict is a defeat for the Governing Mayor Franziska Giffey (SPD). "It's a low point for Berlin's reputation in Germany and the world," said the Secretary General of the capital's CDU, Stefan Evers. "It's a serious defeat for Ms. Giffey and her Senate." To the end, the SPD in particular tried to put public pressure on the Constitutional Court.

The Berlin FDP called for an about-face in state politics. With its decision, the Berlin court is setting a monument to dysfunctionality, said the FDP parliamentary group leader Sebastian Czaja. The rulers of the past decades, including the CDU, have consistently shied away from all responsibility and ignored obvious abuses for far too long. The Berlin AfD welcomed the verdict. "Berlin has been given a second chance," said AfD state chairwoman Kristin Brinker on Wednesday. The Senate, made up of the SPD, Greens and Left, was “responsible for the election chaos”.

Redial probably on February 12th

A redial must now take place within 90 days. According to the new state election supervisor Stephan Bröchler, the most likely date is February 12th. His predecessor resigned after the Berlin election chaos last fall.

On September 26, there were long queues at numerous polling stations in Berlin

On September 26, 2021 - in the middle of the corona pandemic - the Bundestag and the twelve district parliaments were re-elected in Berlin. There was also a referendum on the expropriation of large housing groups. The Berlin marathon also ran alongside.

The consequences of this concentration and poor preparation were massive problems, such as wrong or missing ballot papers, too few ballot boxes, the temporary closure of polling stations and long queues in front of them. Some voters were still voting after 6 p.m. or on hastily copied ballot papers because there were no supplies.

Because of the numerous mishaps, Berlin's highest court had to review the validity of the elections to the House of Representatives and the twelve district assemblies. A total of 35 objections to the rating were submitted to him, four of which had initially been negotiated. It was about the complaints of the state election authority, the internal administration and the parties AfD and the party.

Also partial repetition of the federal election

A repetition of the election to the Bundestag is also necessary - at least for some Berliners: Based on a recommendation from its Election Review Committee, the Bundestag decided last week with the votes of the traffic light parliamentary groups SPD, Greens and FDP that the election in 431 Berlin electoral districts must be repeated. However, the parties in the Bundestag assume that the decision will be challenged before the Federal Constitutional Court.

Breakdowns like in September 2021 should not happen again. At least 38,000 poll workers are to be deployed in the election to the House of Representatives instead of 34,000 in the previous year. They should be better trained and receive significantly higher compensation. There should also be more ballot boxes in polling stations than last time.

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