After the Second World War, the new Federal Republic of Germany adopted a mixed electoral system that combined party list proportional representation with single-member district representation.  Although mixed systems are becoming increasingly popular now, the German system was unique when first employed. 

Because mixed systems incorporate single-member districts, delimitation must occur periodically in order to ensure that electoral constituencies are relatively equal in population.  The importance of the delimitation process and the influence that constituency configurations have on the outcome of elections depends on whether the party list seats are used to correct any distortions in the relationship between votes cast and seats won in the single-member districts. 

In Germany, seats allocated under the party list component of the system are used to compensate for any distortions in the seats-to-votes ratio produced at the electoral district level.[1] This type of electoral system, often referred to as a Mixed Member Proportional (MMP) system, has been adopted by a number of countries in recent years (e.g., New Zealand, Hungary, Italy, Venezuela, Bolivia).  

In other countries with mixed systems, the party list seats are not used to compensate for any disproportionality arising from elections within the single-member districts.  Instead, seats allocated to the parties under the party list component of the election are simply added to the seats won at the electoral district level.  The partisan seats-to-votes ratio may, therefore, be distorted.  In this type of mixed system, often called a "parallel" system,[2]  the district delimitation process is more important because it can have a more pronounced effect on the partisan composition of the legislature.  

Even though Germany is an MMP system, the delimitation process does have ramifications for the outcome of elections.  This is because the allocation of compensatory seats (party list seats allocated to a party to compensate for any distortions in the seats-to-votes ratio) is done at the state (Länder) level rather than the national level.  Since German states vary in size and in political alignments, electoral districts that are malapportioned may lead to so-called overhang mandates (Überhangmandate), with strong parties in such states carrying more direct seats than have been allocated for that state.

Electoral System

The Parliament of the Federal Republic of Germany is bicameral: members of the lower house, the Bundestag, are directly elected; members of the upper house, the Bundesrat, are composed of representatives appointed by the states (Länder).

The composition of the Bundestag is determined by the MMP electoral system, combining elements of the single-member constituency plurality system with List Proportional Representation (PR).  Under this system, half the Bundestag members are directly elected from single-member constituencies (Wahlkreisen); the other half are elected by party list.

Constituency seats are filled via First-Past-the-Post (FPTP), under which the candidate obtaining the largest number of votes in each constituency (even if the candidate’s percentage constitutes only a plurality of the votes cast) is elected.  Between 1957 and 1987, there were 248 of these constituencies; from 1990 to 1998 there were 328; and in 2002 the number was reduced to 299.  These constituencies are allocated among the Länder in proportion to the relative populations of the Länder. 

The party list seats are distributed based on a party’s percentage of the popular vote.  For example, if a party wins 15 percent of the popular vote, it receives 15 percent of the seats in the Bundestag.

Each voter casts two ballots in a Bundestag election.  The first vote (Erststimme) is cast for an individual candidate running to represent a particular electoral district.  The second ballot (Zweitstimme) is cast for a political party, and it is this second vote that determines how many Bundestag seats each party will receive.^[3]

To ensure that each party’s percentage of the combined district (first ballot) and party (second ballot) seats equals its share of the second vote, each party is allocated the requisite number of seats given its share of the total second vote.  The number of constituency seats won by each party is subtracted from the total number of seats allocated to that party, and the remaining seats are filled by candidates from the party list. 

If a party wins more constituency seats than it is entitled to, according to its share of the party vote, the party retains these seats (known as overhang mandates or Überhangmandate), and the size of the Bundestag is increased.  Every recent election has resulted in overhang mandates: after the 1990 election, the total number of seats in the Bundestag rose from 656 to 662; in 1994, another 16 seats were added for a total of 672 seats; in 1998 the election produced 13 overhang mandates for a total of 669 seats; and in 2002, despite the major re-delimitation to reduce overall seats to 598 and to avoid overhang mandates, the Bundestag was increased to 603 seats by 5 overhang mandates. 

Legal Framework for Delimitation 

At the beginning of each parliamentary term, the president of Germany – in  accordance with Article 3 of the German electoral law – nominates an independent standing Electoral Districts Commission (Wahlkreiskommission).  The task of the Commission is to report on population changes in electoral constituencies and to put forward recommendations on how to re-delimit constituencies, if necessary, to accommodate these changes. 

Boundary Authority     The independent Electoral Districts Commission (EDC) is established and selected by the German President at the beginning of each parliamentary term.  It consists of the President of the Federal Statistical Office, a judge from the Federal Court of Administration, and five additional members, usually high-level administrative state functionaries. 

Delimitation Criteria   The EDC is required to follow five rules (as established in Article 3 of the Federal Electoral Law, April 27, 2001) for electoral delimitation.  They are as follows: 

• The Länder boundaries must be observed. 
• The number of constituencies in the individual Länder must correspond to the population proportion as far as possible.
• The population of a constituency should not deviate from the average population of the constituencies by more than 15 percent in either direction. Where the deviation is greater than 25 percent the boundaries shall be redrawn. 
• Each constituency should form a coherent area. 

• Where possible, the boundaries of the communes, districts, and urban districts should be respected. 

The Commission has 15 months to complete its report and present its findings to the Ministry of the Interior.  The report of the Commission contains the current population of the electoral districts and recommendations for reallocating district seats and modifying district boundaries. The EDC may put forward several alternative plans for redistricting so that Parliament has more than one option available when deciding how, if at all, to redraw the constituencies. 

Participation of Other Institutions   The EDC produces its report with input from a number of other institutions, including members of the Ministry of the Interior who take part in EDC meetings. The Commission is in contact with Länder governmental employees responsible for electoral procedures in all of the states.  Furthermore, each Länder has the opportunity to present its position on any of the Commission's recommendations. 

The Role of the Parliament    The Parliament makes the final decision as the whether to redistrict and what redistricting plan to adopt.  After reading the EDC report and debating the subject, Parliament votes on whether to accept any of the EDC recommendations.  Unless there are population deviations greater than 25 percent (previously 33 percent), Parliament is not required to accept any of the EDC proposals.  In fact, Parliament has frequently decided not to make any changes. 

Reforming the Redistricting Process in Germany 

The Commission Review that began in 1995 proposed major changes in the process for re-delimiting constituencies.  These changes were warranted for a number of reasons: 

1. The allocation of districts had not changed since 1980 in the western Länder, and since 1990 in the eastern Länder, although major population changes had taken place.  Parliament not only rejected reallocation recommendations in 1983, 1987, and 1990 but also rejected the EDC constituency delimitation plan for a united Germany in 1994.  Parliament tended to approve only those EDC recommendations that were necessitated by law (that is, when the population variation was greater than 33 percent).
2. The 1994 parliamentary elections produced 16 surplus seats (and the election in 1998 produced another 13 surplus seats).  There are several factors leading to surplus seats, but one of the major reasons is the unbalanced distribution of electoral districts due to substantial changes in populations across the Länder.
3. As of the end of 1994, three electoral constituencies deviated by more than 33 percent from the average constituency size.  Several more were very close to this limit.
4. County reforms initiated prior to 1994 in the new Länder also prompted a need to modify constituency boundaries.
5. In addition, in June 1995, the Bundestag decided to reduce the size of the legislature by up to 100 seats starting with the 15th term (2002). 

Ultimately, a Reform Commission (Reformkommission zur Größe des Deutschen Bundestages) was established in September 1995 to make recommendations.  The Commission was composed of 20 members of the Bundestag (with the ruling CDU/CSU holding 11 seats on the Commission), and 14 experts (several of whom were former members of the Bundestag.) 

The task of the Reform Commission was to produce recommendations on all important questions relating to the reduction in size of the Bundestag, including the issues of delimitation of electoral districts and the overhang mandate rules, as well as a number of other related issues. 

On June 17, 1997, the President of the Reform Commission, Hans-Ulrich Klose, presented the final recommendations to the Bundestag. These recommendations led to the following changes in the electoral law related to constituency delimitation:

• The number of Bundestag constituency seats was reduced from 328 to 299.
• The number of electoral districts allocated to each state was required to be as proportional to each state’s relative population as possible. 

• The permissible population deviation was reduced: previously population deviations of up to 25 percent were permitted, and it was not until the deviation reached 33 percent that the constituency boundaries were required by law to change.  The electoral law now requires that the population of a constituency not deviate from the average population by more than 15 percent, and if the deviation exceeds 25 percent, the constituency boundaries must be redrawn.

Seat Allocation by State: Before and After Bundestag Seat Reduction

The table below displays the allocation of constituency seats by state before and after the reduction of Bundestag constituency seats from 328 to 299.

History of Redistricting in Germany

The EDC makes recommendations with regard to redistricting approximately every four years.  The following indicates what actions the Parliament ultimately took when presented with EDC recommendations: 

• First Report of the EDC in 1958: Parliament took no action. 
• Report of 1962: Recommendations accepted by Parliament. 
• Reports of 1966 and 1970: Parliament took limited action. 
• Report of 1973: EDC recommended reallocation of seats to states, which was rejected by Parliament.  Redistricting within states was partially accepted by Parliament. 
• Report of 1978: EDC recommendations partially accepted. 
• Report of 1982: No major recommendation made by EDC because Parliament was dissolved.  There were two changes made due to population deviations in excess of 33 percent.
•  Report of 1984: EDC recommendations to redistrict boundaries partially accepted.
• Report of 1988: Minor changes only because census numbers were not yet available. 
•  Report of 1992: EDC recommendations were not accepted, except for boundary changes required because of deviations in excess of 33 percent; major redistricting in Berlin. 
• Report of 1996: Most of the 16 states did not accept changes proposed by EDC. Berlin was granted a new electoral district; Mecklenburg-Vorpommern lost a seat; and Lower Saxony gained a seat. There was some re-delimitation in Hessia due to deviations in excess of 25 percent. 
• Report of 1999 and supplementary report of 2000: Major re-delimitation to reduce the number of electoral districts to 299. 

• Report of 2003: Due to population shifts, the EDC proposed that Thüringen and Schleswig-Holstein each lose one seat, and that Bavaria and Niedersachsen each gain one seat. The Governments of Thüringen and Niedersachsen, however, rejected the proposal.

Conclusion

Delimitation in Germany is guided by firmly established legal requirements.  Under certain conditions, mandatory changes are required and there is very little leeway for political manoeuvring.  Because the EDC is an independent organ and there are set rules that it must follow when making recommendations for redistricting, gerrymandering is virtually impossible.   

However, Länder governments – particularly if they are due to lose a seat – do not relish a change in constituency boundaries.  Members of Parliament are also likely to object to changes in constituency lines: new constituency boundaries could make it more difficult for incumbent legislators to win and could lead to the loss of a party seat.  Therefore, Parliament often simply accepts only those changes that are mandated by law, retaining the status quo as much as possible.