Overhang seats

Definition

Overhang seats (excessive mandates, Überhangmandate) arise upon elections in states, in which a party is entitled to less seats according to party vote than it has won constituencies. These “Overhanging seats” (for missing votes) remain with the party.

Further informations:

• The two reasons for Overhang seats
  (1. High number of constituencies won, 2. Low(er) number of party votes)

• Differentiation between internal and external overhang seats

• Possible procedures and procedures in practice with regard to Overhang seats
  not awarding – compensatory Seats – Remaining – reducing the seats of other parties

Consequences, problems, criticism

The awarding of overhang seats without compensation, as mandated in the Federal Electoral Law, is being criticised especially for two of it's aspects:

1. Negative weight of votes
   (contradiction to direct and free elections, parties get less seats, the more votes they get!)
   In our opinion this is unconstitutional. As yet, there hasn’t be a court decision on “negative vote weight”. On July 3rd, 2008 we got a decision of the constitutional court, “negative vote weight” is unconstitutional.

2. Disproportionality (contradiction of the equality of election)
   The overhang seats are outside of proportionality, enlarge the number of seats and change the proportional composition of parliament. On this aspect there are some court decisions (BVerfG, 24 November 1988 – 2 BvC 4/88 – and BVerfG, 10 April 1997 – 2 BvF 1/95 –), which partially approve overhang seats and limit their consequences.

Additional Information:

• History of overhang seats in the Deutsche Bundestag – Overview over all overhang seats, overhang parties, Overhang Chancellors and changes in electoral law concerning overhang seats.
• Examples: Parties gain more seats, because they lose votes.
• Example from the 2002 Election, the 1998 Election and the 1994 Election including zipped Excel spreadsheets to calculate it.
• Chronological View of Court Decisions, press coverage and articles
• Paradoxien des Bundestagswahlsystem – An Article from Spektrum der Wissenschaft (Scientific American, German Edition 2/99, page 70)
• Possible Solution: Changes in the Electoral Law to disable negative voting weights
• German Federal Electoral System

Links

• Federal Electoral Law
• The Federal Constitutional Court, Decision from 03/07/2008 – 2 BvC 1/07, 2 BvC 7/07 – Negatives Stimmgewicht (Negative weight of votes)
• The Federal Constitutional Court, Decision from 26/02/1998 – 2 BvC 28/96 (BVerfGE 97, 317) – Nachrücken in Überhangmandate (Succeed in Overhang seats)
• The Federal Constitutional Court, Decision from 10/04/1997 – 2 BvF 1/95 (BVerfGE 95, 335) – Überhangmandate II (Overhang seats II)
• The Federal Constitutional Court, Decision from 24/11/1988 – 2 BvC 4/88 (BVerfGE 79, 169) – Überhangmandate I (Overhang seats I)