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The (Mis)Sense of Lawfulness of the CDU in Weissenfels


An article in the Mitteldeutsche Zeitung reveals that the CDU plans to "cheat" in the upcoming city council election.

According to a sidebar article in the Mitteldeutsche Zeitung, the mayor of Weissenfels, Martin Papke, will run as the top candidate for the CDU in the city council election on June 9th. However, according to § 41 KVG LSA Municipal Constitution Act of the State of Saxony-Anhalt (Kommunalverfassungsgesetz - KVG LSA), he cannot serve as both mayor and member of the city council simultaneously. Yet, he does not intend to give up his position as mayor. Nevertheless, he will lead the list of 36 CDU candidates seeking a seat on the city council.


Martin Papke (Mayor of the city of Weißenfels) - Source: wikipedia.de

A press release quotes Papke as saying: "Even though I cannot accept the mandate due to legal regulations, the votes are not lost." The article in the MZ continues: "Whoever gives him their vote strengthens the CDU and secures with mandates for this list >a majority for the successful development of our city.< He wants to send a signal that the city council and he have accomplished a lot together so far and that this 'we' should continue."

The Mitteldeutsche Zeitung asks whether this is not misleading to voters. Jörg Riemer, chairman of the Weissenfels CDU local association, is quoted as saying: "It would be dishonest to keep that under wraps." Martin Papke does not do that. The decision for his top candidacy was carefully considered beforehand and is supported by CDU members. They rely on the mayor’s popularity.

Of particular interest might be § 42 paragraphs 1.2 and 1.3 KVG LSA, which states: "An honorary member of the representative body loses their mandate during the election period if
3. a disqualifying reason according to § 41 paragraphs 1, 2, or 3 already exists at the time of accepting the election or occurs during the election period.

The disqualifying reason is already known. Nevertheless, the CDU intends to proceed this way. I would call this deliberate violation of the law. Is this the "we" that is supposed to continue? So deliberately unlawful conduct?

The CDU knows that this is legally not acceptable. According to Jörg Riemer’s account, this is acceptable to all CDU members because they have been informed of this legal violation in advance. Everyone is aware from the outset that Papke cannot and does not want to become a city council member. The CDU’s obvious goal is that through this (to put it mildly) trickery, the votes Papke gathers will allow another CDU candidate to move up, who might only receive a few votes. In my opinion, this clearly disadvantages other candidates.

The D in CDU stands for "Democratic." From my perspective, this is absolutely not democratic.

Recently, District Administrator Götz Ulrich (also CDU) declared that he will "continue to stand up with all his might for the free democratic basic order, wherever necessary." Is this one of those cases? I ask for a friend!

It is fascinating how laws in this "free democratic basic order" are interpreted at will by those democrats for their own purposes, who still insist so fervently that they are the ones who fight so much for democracy.

A supplementary article from the Mitteldeutsche Zeitung can be found here.

Author: AI-Translation - Michael Thurm  |  vor dem 01.07.2024

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