German, Berlin and Regional Elections 2021 in Berlin: What happened? What is known and what is unknown?

Abstract

In September 2021, Berliners not only elected the Bundestag, but also the Berlin House of Representatives, the 12 district assemblies and decided on a referendum. In total, there were six decisions to be made on five ballots – an unusually large number for Berlin. On election day, an unprecedented number of problems and errors arose. After e-Day, many official complaints were filed. In general, the complainants are calling for the elections in the affected constituencies to be repeated. A key question is what legal consequences have resulted, will result, or could result. Have the errors led to unreasonable restrictions on the exercise of the right to vote area-wide? What is the smallest possible intervention to "cure" or compensate for the errors? Some of these questions have already been decided by the courts, while others are still awaiting a decision. The aim of this article is to provide an analysis, as far as possible, of why the errors occurred and to determine whether they are unique or whether they have their roots in the legal, organizational, and political framework.