The so-called electoral threshold, also known as the five-percent rule, allows a party to enter parliament only if it wins at least five percent of the vote. Usually, this refers to the second vote (“Zweitstimme”), which is cast directly for a political party.

This rule applies only to federal and state elections. Elections to the European Parliament and district assemblies in Berlin are exempt from this threshold.

The main purpose of the threshold is to simplify decision-making and coalition-building in parliament. If many small parties with very different interests are represented, it becomes more difficult to form majorities for legislation. The rule is also intended to ensure that parties represent broader parts of society instead of only small special-interest groups.

Political fragmentation was considered a major problem during the Weimar Republic. In the 1928 parliament, 15 parties were represented, whereas only seven parties currently sit in the 21st Bundestag.

There are exceptions to the threshold rule. Parties representing national minorities, such as the SSW (South Schleswig Voters’ Association), are exempt. Parties whose candidates win a certain number of electoral districts through direct mandates may also enter parliament despite receiving less than five percent of the vote overall.

In federal elections, this requires winning at least three constituencies. In elections for the Berlin House of Representatives, winning a single constituency is sufficient. In such cases, parties receive seats according to their share of second votes. Most recently, the Left Party benefited from this rule in the 2021 federal election.

Although lawmakers attempted to abolish this so-called “basic mandate clause” in 2023, Germany’s Constitutional Court ruled in 2024 that the rule would remain in place for the time being.