Berlin Wiki: Parties, Direct Mandates and the Five-Percent Threshold 

WahlheYmatPost,

In the latest edition of our Berlin Wiki series, we take a closer look at how political parties work in Germany and how candidates enter parliament. We explain key concepts such as party lists, direct mandates and the five-percent threshold ahead of the Berlin elections.

What Is a Political Party?

A political party is an association of citizens regulated by the German Federal Party Law. Political parties aim to influence political decision-making at federal or state level over a longer period of time and may represent voters in state parliaments or in the Bundestag.

First of all, a party needs members. In addition, the party itself must be internally democratic. This means, for example, that it must hold party conventions and elections for party leadership positions. These structures and party bodies must be defined in a statute or constitution. Finally, the party must present a political program containing its core interests and demands, which is adopted by members during a party convention.

Currently, 18 parties are represented in the Bundestag, the European Parliament or at least one German state parliament. A total of 29 parties participated in the 2025 federal election.

What Is a Party List?

Before a state election, political parties choose members who will run for seats in the state parliament. These candidates are then placed on the party’s state list.

If a party wins more seats in parliament than it has successful direct candidates, additional candidates enter parliament according to their position on the list. If a member of parliament leaves office before the end of the legislative term, the next person on the list moves up.

The order of candidates on the list is determined during a party convention before the election. To run for office, a person must be at least 18 years old and hold German citizenship. However, people may vote from the age of 16 in Berlin state elections, provided they have had their main residence registered in Berlin for more than three months before the election.

Instead of a statewide list, parties may also submit district lists. In this case, parties send candidates into parliament proportionally to the votes they receive in each district.

With the exception of established parties, parties must also collect supporting signatures in order to register their candidates for the election.

How Does Someone Win a Direct Mandate?

In every electoral district in Germany, several candidates usually compete against each other. The winner of a district is determined through the first vote (“Erststimme”) and receives a direct mandate — meaning a guaranteed seat in parliament.

If a party wins enough seats in parliament, these seats are first filled by candidates who won direct mandates. If the party has won more seats than direct mandates, the remaining seats are filled using candidates from the state party list in order of their ranking.

If a party wins fewer seats than direct mandates, only the direct candidates with the strongest election results in their districts enter parliament.

Why Does Germany Have a Five-Percent Threshold?

The so-called electoral threshold, also known as the five-percent rule, allows a party to enter parliament only if it wins at least five percent of the vote. Usually, this refers to the second vote (“Zweitstimme”), which is cast directly for a political party.

This rule applies only to federal and state elections. Elections to the European Parliament and district assemblies in Berlin are exempt from this threshold.

The main purpose of the threshold is to simplify decision-making and coalition-building in parliament. If many small parties with very different interests are represented, it becomes more difficult to form majorities for legislation. The rule is also intended to ensure that parties represent broader parts of society instead of only small special-interest groups.

Political fragmentation was considered a major problem during the Weimar Republic. In the 1928 parliament, 15 parties were represented, whereas only seven parties currently sit in the 21st Bundestag.

There are exceptions to the threshold rule. Parties representing national minorities, such as the SSW (South Schleswig Voters’ Association), are exempt. Parties whose candidates win a certain number of electoral districts through direct mandates may also enter parliament despite receiving less than five percent of the vote overall.

In federal elections, this requires winning at least three constituencies. In elections for the Berlin House of Representatives, winning a single constituency is sufficient. In such cases, parties receive seats according to their share of second votes. Most recently, the Left Party benefited from this rule in the 2021 federal election.

Although lawmakers attempted to abolish this so-called “basic mandate clause” in 2023, Germany’s Constitutional Court ruled in 2024 that the rule would remain in place for the time being.

Here you can find the Berlin Wiki page of Berliner Morgenpost.

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