Electorate by Design: Berlin's Coalition Looks to Rewrite the Voting Rules

If politicians cannot win over the existing electorate, a simple solution presents itself: import or create a new one. In Berlin, where political experimentation routinely takes precedence over basic governance, the left-wing coalition of the SPD, Greens, and The Left has laid out a draft for its upcoming government that tests the boundaries of German constitutional law.

At the heart of their exploratory agreement lies a push to grant active and passive voting rights at both state and municipal levels to any foreign resident who has lived in Germany for five years. This blanket proposal makes no distinction regarding citizenship, explicitly seeking to integrate non-EU nationals into the democratic process under the banner of a solidary migration society. That the German Basic Law currently stands in the way appears to be regarded by the negotiators as a minor detail.

The legal hurdles are anything but trivial. In 1990, the Federal Constitutional Court unequivocally ruled that extending general voting rights to non-citizens violates the constitution. The current exception allowing EU citizens to vote in municipal elections required an explicit constitutional amendment. Yet the coalition partners seem confident that political rhetoric can supersede constitutional precedent.

The proposal swiftly drew sharp criticism from the CDU’s Günter Krings, deputy leader of the CDU/CSU parliamentary group. Krings noted that in a functional democracy, the sovereign people elect politicians rather than politicians selecting their preferred voters. He voiced particular disappointment with the SPD and the Greens, questioning their adherence to the Grundgesetz when allied with radical figures like The Left’s Elif Eralp.

The agenda drafted by the three parties goes well beyond voting rights. The agreement also outlines plans to nationalize major housing enterprises, incur greater public debt, and expand financial support for NGO networks. In addition, the capital is to be declared a safe haven for illegal migrants, backed by expanded state admission programs and maximum utilization of administrative leeway to regularize undocumented residents.

Whether this coalition agreement survives contact with the federal legal framework remains doubtful. What it demonstrates, however, is a clear political tendency: when public policy fails to persuade, changing the rules of democratic participation becomes the next logical strategy.

Written by Sandy van Dongen sandy.vandongen@alpineweekly.com