According to the Basic Law there are two cases in which early elections must be held:
1. Article 68 stipulates that ‘the Federal President may, upon proposal of the Federal Chancellor, dissolve the Bundestag within twenty-one days’ where a motion of the Federal Chancellor for a vote of confidence is not carried by the majority of members of the German Bundestag. The right of dissolution shall lapse as soon as the Bundestag elects another Federal Chancellor with the majority of its members. Where the Bundestag is dissolved, the new election shall be held within sixty days pursuant to Article 39 (1) of the Basic Law.
2. The Federal President himself may dissolve the Bundestag only if a Chancellor has not obtained the votes of the majority of the members. Pursuant to Article 63 of the Basic Law, the person obtaining the votes of the majority of the members of the Bundestag shall be elected Federal Chancellor upon the proposal of the Federal President. Where the person proposed is not elected, the Bundestag may elect a Chancellor on the basis of the same majority within fourteen days of the ballot. Where no candidate has been elected within this period, a new ballot shall take place without delay in which the person obtaining the largest number of votes (so-called simple majority) shall be elected. Where the person elected has attained the absolute majority, the Federal President must appoint him Federal Chancellor within seven days. Where the person elected has obtained only the simple majority, the Federal President shall either appoint him or dissolve the German Bundestag within the same period.
Upon the proposal of the Federal Chancellor of 1 July 2005, the Federal President decided on 21 July 2005 to dissolve the German Bundestag in its 15th legislative term and to appoint the 18 September 2005 as election day (Orders by the Federal President of 21 July 2005, Federal Law Gazette I, pp. 2169, 2170).
Based on the authorization specified in Section 52 (3) of the Federal Elections Act in case the German Bundestag is dissolved, the Federal Ministry of the Interior issued an ordinance shortening - where necessary - the periods prescribed in the Federal Elections Act (Ordinance on Shortening the Periods Prescribed in the Federal Elections Act Concerning the Election to the German Bundestag in its 16th Legislative Term of 21 July 2005, Federal Law Gazette I, p. 2179).
Last update: March 2008
©2012 The Federal Returning Officer