1. Intro
   1. Voting age 18
   2. Two votes; one for constituency candidate; one is a party list vote - this determines the total seats between parties. Say you get a total of 220 party list votes and you get 100 constituencies then you also get 120 list seats. Think of it as half the seats can be elected by party and half by constituency; so there are two up for grabs and both have an equal number of seats in the Land.
   3. 299 single member constituencies of the Lander
   4. Surplus seats occur when more constituency seats are won than party list votes. In 2005 the SPD in Brandenburg won 36% of the party list votes giving it 7 of the 20 seats; but it won all ten constituency seats which was 3 more than it was entitled to. In Saxony the CDU won 14 of the 17 constituencies with only 30% of the party vote. The 30% would have given it 10 seats so it took these 10 and the 14 (of which 4 were surplus) to give it 24.
2. The System
   1. Key Features
      1. Voting age of 18 and the dual vote
      2. The Basic Law does not describe in detail the electoral system; this is detailed in the Electoral Law of 1956 (with amendments). Article 38 only requires that elections be: General, Direct, Free, Equal and Secret [Direct Secrets Generally Free & Equal]
      3. Completely PR modified by two important features; a party must obtain 5% of the party list vote or 3 constituency seats to get list seats; the possibility of surplus seats.
      4. No by-elections, if an MdB retires his seat is filled by the candidate from the Land list of the party of that MdB. Party strength then does not change between elections unless an MdB changes party.
   2. Sources
      1. The Parliamentary Council meeting in 1949 were influenced by the occupying powers
      2. The pre-existing Lander election system
      3. There was a desire by the Parliamentary Council to use PR because it was thought to be fairer and more democratic
      4. Favoured by parties where they were strong
   3. Effects
      1. Did not produce the multi-party system predicted
      2. The 5% restriction to obtain list seats was produced by concerns that a multi party system would produce instability and another Weimar Republic
      3. Makes it difficult for one party to dominate because of PR; usually a coalition of two parties; only in 1957 did CDU/CSU manage to get a majority and Adenauer chose to bring in small German party.
      4. The party list vote is the second vote; German voters do not always appreciate the importance; parties have appealed for a "second" vote as though it was of lesser importance when in reality it is more important
   4. Split voting tactics
      1. Choose a constituency candidate from a major party that is likely to be an ally of their small party candidate
      2. Large party voters may choose to give their constituency vote to large party candidate but their list part vote to a small party to ensure they get the 5%
3. Electoral politics
   1. Candidate Selection
      1. Two routes - constituency candidate or party list
      2. Procedures regulated by Electoral Law
      3. List candidates selected by Land party congress or a special meeting of delegates of the party in the Land. Recommendations are made; a balance is struck between rural versus urban, religious denomination (CDU), trade union affiliation, gender, generational