Experts: Prime Minister election without no votes

In the opinion of constitutional law expert Michael Brenner, there does not have to be the option of a "no" vote in the election of the Saxon Minister President if there are several candidates. Brenner writes in an expert opinion commissioned by state parliament president Alexander Dierks (CDU) that there are even "compelling constitutional reasons" against granting such an option.

The constitutional expectation is aimed at electing a minority prime minister and should not be undermined by the potential to block the no-vote option. The relevant article in the Saxon constitution was intended to "enable, not prevent, the formation of a government". The inclusion of a No option would run counter to this, as Brenner writes. Brenner holds the Chair of German and European Constitutional and Administrative Law at Friedrich Schiller University in Jena.

Greens want to table motion for No option

The Green parliamentary group announced on Monday that it wanted to table a motion for the option to vote No. The expert commissioned by the parliamentary group, Fabian Michl, a junior professor at the University of Leipzig, had come to the conclusion that this should also be possible for more than one candidate.

The state parliament had already announced on Monday that Dierks did not share this view. A "no" vote is only provided for in the event that only one candidate stands in a ballot, the state parliament announced. MPs would not be entitled to deliberately prevent the election of a prime minister by casting a "no" vote.

If there is more than one candidate, they can choose between the candidates or abstain. The state parliament also refers to the possibility of each member of parliament to submit an additional election proposal.

No votes would be particularly relevant in the second round of voting, as an absolute majority of 61 votes would no longer be required, but only a simple majority. The election is won by whoever receives more votes than the other options combined; abstentions are not counted.

Election of the Prime Minister on Wednesday

The election of the Prime Minister is scheduled for Wednesday. In addition to incumbent Michael Kretschmer (CDU), AfD state leader Jörg Urban and the candidate of the Free Voters, Matthias Berger, want to run. It is not yet clear whether there will be a three-way fight in the first round of voting or whether Urban and Berger will only run in a possible second round.