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First vote

In Bundestag elections, the first vote is marked on the left half of the ballot paper. That vote is cast to elect the constituency candidate. Up until and including the 2021 Bundestag election, the candidate who received the most votes was elected to the Bundestag. Therefore, the relative majority of votes was sufficient. From the 21st electoral period onwards, a constituency seat must also be sufficiently backed by the second votes a party has won in a Land.

Generally, the strength of the individual parties in the German Bundestag does not depend on the first votes but on the total number of second votes cast for the Land lists of the parties, because the 630 seats in the German Bundestag are distributed based on the second votes cast for the parties.

By way of exception, the first vote plays an important role in determining the strength of the individual parties in the German Bundestag in cases where the minimum representation clause applies pursuant to the judgment of the Federal Constitutional Court of 30 July 2024. Until amendments are enacted, Section 4 (2), second sentence, number 2 of the Federal Elections Act will continue to apply, subject to the condition that political parties that receive less than 5 percent of the valid second votes cast in the electoral area will be excluded from the distribution of seats only if their candidates secure the most first votes in fewer than three constituencies.

The first vote is also important for the distribution of seats in cases where an independent candidate has won the most first votes in the constituency. The total number of seats (630) is reduced by the number of successful independents.

A constituency candidate (formerly also called ‘candidate for direct election’) may be on the relevant Land list of his or her party. This is not mandatory, however.

The field on the left half of the ballot paper remains empty for any party competing for second votes only, that is, a party which submits a Land list for the election but does not have its own constituency candidate.

In European elections, there are no first and second votes - each voter has just one vote.

Legal bases

Sections 4, 5, 6, 30 of the Federal Elections Act (BWG)
Section 45 of the Federal Electoral Regulations (BWO)

Last update: 11 February 2025