Saxony-Anhalt Parliament Could Face Deadlock: What Happens After a Third Tie?

Saxony-Anhalt may face an unusually complicated election for minister-president after the AfD won the state election. The new parliament’s six parliamentary groups must first navigate the state constitution’s rules for choosing a government leader.

The vote takes place by secret ballot and without debate. A candidate needs the support of at least 42 of the 83 lawmakers in the first round. If no one reaches that threshold, another vote must take place within seven days. If an absolute majority still fails to emerge, the parliament has a further 14 days to vote on whether to end the legislative period early.

If that motion also fails to win an absolute majority, a third vote must take place immediately. In that round, the candidate who wins a majority of votes cast is elected. Abstentions do not count as votes cast.

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If there is a tie, voting continues until a simple majority is found, if necessary through electoral alliances.

That rule could produce a deadlock. In one example, all 39 AfD lawmakers support their lead candidate, Ulrich Siegmund, while the five BSW lawmakers abstain. The CDU, SPD, Greens and Left then vote against him, also totaling 39 votes. The result would be an equal number of votes cast for and against, leaving no candidate elected.

The constitution does not expressly state what happens after a failed third ballot. Former state constitutional judge Michael Kilian said the parliament would continue voting until a simple majority emerged, if necessary through electoral alliances. Public law professor Winfried Kluth agreed that additional rounds were possible, and the state parliament’s spokeswoman said another vote would be required because no candidate had won a majority of votes cast.

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This is not expressly regulated, but there can be further rounds of voting. As far as I can see, this is not disputed.