Court Bars Three Afd Politicians From Lower Saxony Local Elections

The court announced its decision on Friday, upholding earlier exclusions by local election committees. Excluded from the ballot are AfD state deputy leader Stephan Bothe and Bundestag member Martin Sichert, who had sought to run for district administrator positions in Lüneburg and Friesland. Justin Vogel, who wanted to run for mayor in Herzberg am Harz, is also barred.

The local elections in Lower Saxony are scheduled for September 13. All three had previously been rejected by their respective election committees and had filed urgent motions against the decisions with administrative courts, which were denied. The higher court has now reached the same conclusion. "The Senate's rulings are final, the OVG stated.

A fourth AfD politician, state parliament member Thorsten Moriße, was also excluded last week by the Administrative Court in Oldenburg from running for mayor of Wilhelmshaven. Unlike his party colleagues, Moriße did not appeal to the OVG, withdrawing his complaint, according to the court. No further proceedings related to candidacies for the local election are currently pending.

The OVG justified its decision by noting that challenges to the exclusion can only be made through an election objection after the vote. This is intended to ensure the smooth, simultaneous, and timely conduct of the elections and the prompt determination of results. The court stressed that its ruling does not address whether the exclusion of the three politicians was lawful.

The AfD has responded, with Bothe saying both courts "did not address what we consider to be unlawful election exclusions. He announced further resistance, stating that he, Sichert, Vogel, and Moriße would challenge the respective elections. "Then a decision must finally be made on the merits," he said.

Mayors, chief mayors, and district administrators become temporary civil servants after an election and must therefore guarantee that they will uphold the free democratic basic order at all times. In case of doubt, election committees can involve the municipal supervisory authority, which may also consult the Office for the Protection of the Constitution. The state's domestic intelligence agency classifies the AfD in Lower Saxony as a suspected right-wing extremist group, a designation the party is contesting in court.