The New German Constitution

by René Brunet

German law provides to this end a rather complex machinery. First, it provides for a table of thirty-five electoral districts into which the territory of the Reich is divided, and for seventeen groups of districts, into which districts are joined.

Then it institutes a whole series of organisms appointed by the administration and charged with the duty of seeing that the electoral procedure was carried out properly. These organisms are:

1. Electoral committees, which have as their function the examination of lists of candidates, the union of such tickets, and the compiling of the election results for each degree of the distribution of seats in the Reichstag. There are electoral committees for each district, for each group of districts, and a committee for the Reich. 2. Superintendents of elections, who preside over electoral committees, whose function for each stage of division of seats is to confer with the representatives of political parties, to receive lists of candidates and the declarations in which the parties “join” their tickets or make up a ticket for the Reich; these superintendents announce the decisions. 3. Chairmen of election boards who supervise the electoral operations in their boards. 4. Election boards which consist, in addition to the chairman, of three members and six assistants, who supervise the voting and pass on the validity of ballots. 5. Men trusted by political parties who serve as intermediaries between them and the administrative authorities. 6. Distributors of electoral envelopes, etc.

The law specifies very clearly the manner in which lists of candidates must be drawn up and presented. There are or may be for each party district tickets and a ticket for the Reich; there are no tickets for groups of districts. These tickets must include only eligible candidates, the status of eligibility of a candidate being examined by the competent electoral committee. The lists must be signed by 50 or 20 electors, according to whether the ticket is for a district or for the Reich. A candidate may appear on the tickets of different districts but not more than once within the same district.

Each party may “join” its tickets; which is distinguished from “groups” of tickets, such as were allowed in the elections for the National Assembly. The “group” of tickets was a contract between the signatories of two or more tickets of different parties, the intention being to have these tickets considered in the counting of ballots as one and the same tickets as against other tickets. It was, therefore, an electoral alliance between different parties within the same district. These unions of tickets, as we have seen, are now forbidden. The new law, on the other hand, provides that tickets may be “joined,” that is to say, that a union may be effected of tickets of the same party within different electoral districts, in order to utilize best the electoral fractions. In order to be valid this combination must take place within the same group of districts and between lists belonging to the same party, that is to say, joined on the same ticket for the Reich.

IV.—DISTRIBUTION OF SEATS.

Seats are distributed among the tickets.

Each district ticket receives one seat for every 60,000 votes cast for it in that district; the number of those elected, therefore, depends no longer on the vote of electors or of inhabitants but on the number of those voting.

The votes which cannot enter into this count because their number is less than 60,000 remain unutilized if the ticket has not been joined to another in the same group of districts; or if it has not been combined in a ticket for the Reich. But if, as is the case usually, the situation is otherwise, the votes are treated differently, according as one of two of the following conditions is encountered:

(a) If district tickets of the same party are joined together within a group of districts, the votes constituting the fractions described above are added together and the party receives as many seats as there are groups of 60,000 in the total. These seats are assigned to the ticket that receives the largest fraction, on the condition that this district ticket has already received at least 30,000 votes. The design is to avoid the possibility that small groups, in joining their lists, may obtain a seat at a time when they have not received in any district half the number of votes necessary to elect a member of the Reichstag. If this condition is not fulfilled the vote fractions are not utilized.