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Confirmed Exclusion of AfD Candidates and the Consequences for Democracy – Electoral Law Amendment in Saxony-AnhaltA question time in the Saxony-Anhalt state parliament caused a stir when AfD MP Daniel Roi questioned Interior Minister Tamara Zieschang (CDU) about the planned changes to the Municipal Constitution Act. 
The draft law from April 2024 stipulates that mayoral candidates “must guarantee that they will always stand up for the free democratic basic order.” But who has the binding authority to decide on this constitutional loyalty? At the time, the minister could not give a clear answer and pointed out that the election committee could only provide a preliminary assessment — a decision fraught with considerable legal uncertainty. And is the claim by the Office for the Protection of the Constitution that the AfD is “proven right-wing extremist” sufficient to exclude candidates from elections? In the meantime, the Saxony-Anhalt Municipal Constitution Act stipulates that it is no longer the election committee but the so-called “municipal representative body” that makes the final decision on constitutional loyalty. The municipal representative body is the elected municipal parliament — for example, the municipal council, city council, or district council — which regulates political affairs locally and thus also decides on the admission of mayoral candidates. A current case now confirms these very concerns: In Ludwigshafen, an AfD candidate was excluded from the mayoral election because doubts were raised about his constitutional loyalty. The candidate is taking legal action against the exclusion, but this process takes time — time during which he is effectively barred from the election. Even if the allegations later prove unfounded, the citizens’ ability to choose has already been curtailed. This practice casts a troubling light on the concept of democracy held by the establishment parties in Saxony-Anhalt. By placing the decision on constitutional loyalty in the hands of municipal parliaments — where establishment parties often hold a majority — a significant scope for political influence and exclusion procedures against undesirable candidates is created. Instead of establishing clear, transparent, and legally secure procedures, electoral law is apparently being used as a tool for political exclusion — undermining trust in democratic institutions and endangering political diversity at the local level. Author: AI-Translation - Американский искусственный интеллект | |
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