Spahn floats withdrawal of voting rights for Höcke

At the same time, Spahn clearly distanced himself from Höcke in the conversation. "Anyone who campaigns for Putin, spies for China, and is extreme and radical in their language – we distance ourselves, I distance myself clearly – politically, in substance, and as a human being," he said. With his proposal, Spahn, according to ZDF correspondent Diekmann's assessment, is "making no friends in his own party" – the Union parliamentary group has so far been divided on the question of a ban.

Höcke as the defining figure of the Thuringian AfD

Höcke has for years been the defining figure of the AfD's right wing in Thuringia. The Thuringian AfD was classified as confirmed right-wing extremist by the state Office for the Protection of the Constitution back in 2021. Höcke himself repeatedly campaigned using aggressive rhetoric at appearances; in a podcast he once described West Germans as "German-speaking Americans."

Legal hurdles in withdrawing voting rights

Juridically, such demands tread a fine line. The passive voting right – that is, the right to stand as a candidate in an election – is enshrined in Article 38 of the Basic Law. Under current law, it can only be lost through a conviction for a criminal offense that carries a minimum prison sentence of one year or more, such as robbery or manslaughter. In that case, the loss of the passive voting right takes effect for five years under Paragraph 45 of the Criminal Code.

Höcke, however, has so far only come to attention for incitement of the people and the use of a banned SA slogan. The Halle Regional Court convicted him twice for this, handing down fines. "A conviction for incitement of the people does not lead to the loss of the passive voting right, because the minimum sentence for incitement of the people is only three months," according to a legal assessment. Under current law, Höcke therefore has no reason to fear the withdrawal of his passive voting right.

Planned tightening of criminal law

The federal government is, however, according to its own statements, working on a draft law that would also make it possible to withdraw the passive voting right if a conviction for incitement of the people is accompanied by a sentence of at least six months in prison. Courts would then decide on the withdrawal of voting rights.

Back in 2024, several Bundestag parliamentary groups had succeeded with a petition calling for a corresponding loss of fundamental rights – that is, the withdrawal of voting rights – for individual politicians. In recent weeks, the debate over ban proceedings against the AfD has intensified regardless.

CSU and SPD: differing signals

On the Bavarian side, CSU representatives had recently signaled openness to partial ban proceedings against the AfD. CSU state parliament member and former Bavarian Justice Minister Winfried Bausback explained that a focal point of the findings on extremist statements and tendencies within the AfD is attributed to the Thuringian AfD party and parliamentary group leader Björn Höcke. CSU parliamentary group leader Klaus Holetschek said at the same time that it would be considerably more effective than a "complete party ban" to solve problems and thereby restore people's trust in politics.

The CSU leadership around party chief Markus Söder has, however, consistently rejected ban proceedings against the AfD as a whole party in recent months. Spahn also emphasized that he is not arguing for a complete ban of the party, but for an individual approach against specific individuals.

Support for ban proceedings against the Thuringian AfD has repeatedly come from Thuringia's Interior Minister Georg Maier (SPD). He argued: "It would therefore be worth seriously considering preparing a ban application, limited to this state association." The debate over possible AfD ban proceedings has been ongoing for years, without a corresponding application having so far been submitted to the Federal Constitutional Court in Karlsruhe.

Political situation in Thuringia

Politically, Spahn's proposal carries particular weight with regard to the state election in Thuringia. According to Funke Medien Thüringen, the Thuringian AfD most recently reached 40 percent – the highest value ever recorded for it in the Free State. The next regular state election is not due until 2029, but the debate over possible bans and withdrawals of voting rights is already overshadowing political discussion.

The previous red-red-green government in Erfurt had been voted out; Thuringia is currently governed by a coalition of the CDU, BSW, and SPD under Minister-President Mario Voigt (CDU). According to recent polls, this coalition stands at 35 percent combined – and thus significantly less than the AfD alone.

The Thuringian AfD sharply criticized Spahn's demand. Since the AfD cannot be defeated at the ballot box, its candidates should now be marginalized and the rule of law instrumentalized for that purpose, was the accusation. Höcke himself did not initially comment publicly on the proposal.

Constitutional law assessment

Spahn's proposal also raises constitutional law questions. Fundamental rights such as the passive voting right may only be withdrawn under very narrow conditions; a merely politically motivated exclusion would not be compatible with the Basic Law. Supporters point out that the Federal Constitutional Court has defined the democratic constitutional state in earlier decisions as a "militant democracy" that may defend itself against its enemies.

Critics warn that a targeted withdrawal of voting rights from individual politicians would set a dangerous precedent. They point out that the hurdles for a loss of fundamental rights are deliberately set high in order to prevent political arbitrariness. Which legal steps are ultimately taken will also depend on whether the federal government presents its draft law to tighten the rules on the loss of voting rights – and how parliament decides on it.

It would also be possible for individual Bundestag members to file a formal application with the Federal Constitutional Court for the withdrawal of Höcke's passive voting right. Such a step would be novel, because it would be directed against an individual rather than a party. The debate within the Union on this has not yet concluded.