In Western countries, citizens' trust in state institutions is firm enough to be confident in the election process, vote count, and determination of voting results. The legislation which regulates the electoral process doesn't provide procedures in detail and is liberal when controlling their observance. Voting instruments are aimed more at facilitation of the election process for voters and commission members than protection from possible falsifications.
In September, elections to the German Bundestag were held. Despite Ukraine cannot adopt the political system of a country which is leading in economic and political issues among Members States of the European Union, but creation of a confident society by using such experience is worth trying. Concepts and strategies, which later grow into plans and actions are formed of similar utopias. Besides that, it's easier to direct yourself towards creation of confidence than prevention of abuses. As a result, instead of a thousand of patches on holey boat called reforming of the electoral legislation, we receive what we were aimed for: a functioning system of restraints and counterbalances during the elections, which has stood the test of time and was legitimized by the citizens.
The secret of elections in Germany is simple: confidence in government institutions, positive practices, simple procedures and functioning law-enforcement system which secures inevitable punishment for crimes. However, the electoral system is quite unusual. One my colleague said during the official meeting that it's the third time he visits Germany and, finally, he managed to understand its electoral system. The host, who represented the state institution, laughed off: "Please, explain it to us when you come the next time."
Parliamentary working days
Members of Parliament in Germany do not take an oath and are state servants. Moreover, a court decision allows not only to deprive MPs of their mandates, but also to dissolve the Parliament itself.
The secret is that not all parties or party leaders are ready to take decisions by themselves only, because they will have to take full responsibility for such decisions in case citizens are unhappy. Is it possible in Ukraine? Such question is obviously rhetorical. However, the wide coalition in Germany will remain quite interesting, similarly to the history of the CDU/CSU which is governing now after receiving a record-breaking 42% of votes. Chancellor Angela Merkel has such a high level of personal support, that parties in the coalition with her have to suffer from citizens' anger, but achievements are all attributed to the CDU and the "Iron Frau". During the last two convocations of the Parliament, small parties were either losing the elections or losing the major number of votes.
In comparison to Ukraine, the attitude to MPs is quite different in Germany. They do not take an oath and are state servants. Moreover, a court decision allows not only to deprive MPs of their mandates, but also to dissolve the Parliament itself. The legislative body of the Schleswig-Holstein was dissolved two years after it was elected due to inaccuracies in system of seat allocation, and new elections were announced. Such events would have inevitably caused disturbance in the society if the judicial branch was functioning improperly.
German turnout and passwords
Ukrainians were persuaded that all Europeans are politically passive and don't like to vote. It's not true. The highest turnout in Germany was 90%, and on almost 72% came to vote during the Parliamentary elections on September 22.
Such numbers are due to both citizen activeness and the voting system, which provides two ways of voting – preliminary by mailing and direct during the Election Day.
In fact, Germany doesn't use advanced online voting instruments, like Estonia. Two official arguments don't let Germans to cross this line: a danger of disclosing the secrecy of voting through cyber intrusions, and unreliability of vote count results, which may be changed through the same intrusions. The experience of intrusion into functioning of servers on 2004 Presidential election in Ukraine is the bext example of such possibilities.
Ukrainians were persuaded that all Europeans are politically passive and don't like to vote. It's not true.
Vote by mail starts in 5-6 weeks before the Election Day. A voter receives ballot paper, two envelopes, and a sample statement in local administration and goes home. Filled-in ballot paper shall be put in a blue envelope, which shall be put than into a pink envelope together with a statement about personal voting. These documents shall be sent to local administrations as a letter. Infographics, which explain voters how to use the system of vote by mail, suggest that the voters watch political TV programs and news after voting. As you can see, there is no plan B. Citizens trust such voting, which is not rejected by the opposition.
Translation difficulties: German electoral system
There are 299 single-mandate districts in Germany, and every voter has 2 votes. The Parliament shall have at least 598 Members of Parliament, but due to the equalization of proportions and creation of extra mandates, new Bundestag will have 630 MPs. If more than 4 parties were elected on September 22, the total number of seats could have increased to 650-675. By the way, self-nomination is also allowed on the district level, but non-party candidates have no chances to be elected.
Voters are to put cross next to the name of candidate in single-member district and the party. Parties, which were chosen on previous elections, are listed from the biggest to the smallest one, and all the other – in the alphabetical order below. Majoritarian candidates are placed next to the parties in the same way. If a party didn't nominate its candidate in one of 229 districts, the place next to it remains empty.
There is also 5% threshold for the proportional part of the election system and the minimal number of 3 mandates to be elected in majoritarian districts. In contrast to Ukrainian mixed system or, to be precise, parallel electoral system, where two equal parts of the parliament are elected by different systems, the German system is interconnected. Thus, if a party, which has nominated candidates by party lists, receives at least three mandates in districts, it will receive additional mandates in percentage to the total number of seats in Bundestag. If, on the contrary, a party overcomes the 5% threshold, but fails to win in 3 districts, it will receive only mandates calculated from this proportion.
Majoritarian mandates are also called direct or guaranteed, and we can only sympathize with candidates nominated on party lists. If a party receives 30 mandates in districts and the percentage which, for example, will secure 30 mandates for candidates nominated by party lists, than none of the candidates nominated by the proportional system will become the MP. Therefore, the party is interested to receive most seats through the proportional part in order to cover the difference. Campaign materials often say: give the second vote (party lists) to us, and the first – to our friends. We can know why now!
Complaints and pluralism
Complaints are filed to the Parliamentary committee on verification of election results, where 9 MPs are working for 2 months after the voting day. Officials openly affirm that such system allows to prevent blocking the determination of voting results by "professional complainants". However, there were only 160 complaints filed during the last campaign, participated by more than 60 million voters. Voters are also allowed to appeal to the Federal Constitutional Court, which can pass decisions on political issues, for example regarding the method of mandate division or application of the electoral system. The last decision was passed in 2012, when amendments to the compensatory distribution of mandates were introduced.
It's also interesting that Germans distinctly distinguish administrative and criminal offenses. Thus, election commissions consider administrative violations (one federal, 16 territorial and 229 district), and the Prosecutor General's Office considers criminal offenses. Federal Commission is working on a voluntary basis, and its membership consists of representatives of Parliamentary parties, civil servants, and a judge. Everyone is satisfied with such a format, which secures the ratio of professionals and politicians.
In Ukraine, complaints filed to the commissions of lower level than the CEC are considered by people with poor knowledge of and experience in the subject. Besides that, if we take 2012 elections, the pluralism wasn't secured due to a huge number of technical parties, which monopolized the DECs. In result, the law-enforcement system and commissions of the corresponding level couldn't secure proper reaction on violations or consideration of claims.
German candies
All parties want to win, but they have not only political reasons, but also financial. Every vote of German citizen costs 75 euro cents, and first 4 million – 85 euro cents. These funds are annually paid to the parties, which were elected to the Parliament and to those which received 2% by party lists. Such perspectives urge political structures to the direct communication with the voters and their maximal involvement.
Besides that, 38 euro cents from the Federal Budget are added to every euro, donated by citizens. However, taking into consideration the source of such funding, parties provide yearly reports on receipts and expenses, and pass independent audits. In result, everyone gets what they deserve. However, those who failed to report any donations are penalized in doubled amount. Such funding system motivates and mobilizes.
However, German parties and organizers of the elections show impressing rationality in everyday life too. For example, they sell food on parties in headquarters. Another fact is that streets shall be cleaned from campaign materials by those who placed it. However, if parties failed to clean fences and poles from portraits and leaflets, the municipal service will take care of them. However, parties will have to pay for hours people spent on cleaning.
Short summary
Great policy is made by great people. Elections – is only an instrument to shift the powers from one hands to the other. Methods, principles, and means that are used to organize the electoral process shall correspond to the development stage of the country. We must use best world practices when developing Ukraine. However, the most important is the system of restrictions and counterbalances, positive experience of democratic elections, self-abnegation of political elites. Only in such a way Ukrainian citizens will gain confidence in the governance, and elections will be legitimate and democratic, even if the Election Code is written on 30 sheets only.
Olha Aivazovska, Civil Network OPORA, for lb.ua