Lower Saxony election committees bar at least four AfD candidates over constitutional loyalty doubts
At least four AfD candidates have been barred from running in Lower Saxony's 13 September local elections after election committees questioned their loyalty to the constitution, while several others were approved. The decisions, made under a state regulation allowing committees to consult the domestic intelligence agency, have sparked a legal debate over the boundaries of candidate vetting.
Decisions by election committees
Local election committees in Lower Saxony have excluded at least four AfD candidates from the 13 September communal elections, citing doubts about their loyalty to the free democratic basic order. The statutory deadline for candidate approvals expired on Thursday, 30 July. Among those rejected is Stephan Bothe, the AfD's deputy state leader, whom the Lüneburg district committee voted down 6 to 1 for the district administrator race. The committee relied on a statement from the Lower Saxony interior ministry that referenced anti-migration social media posts by Bothe and his role as a leading figure in an organisation the Verfassungsschutz classifies as a "significant observation object".
In Wilhelmshaven, the election committee unanimously excluded state parliament member Thorsten Moriße from the mayoral race. The city's election officer had obtained an assessment from the interior ministry concluding that Moriße's constitutional loyalty as a civil servant could not be guaranteed. Independent candidate Eugen Nazarenus was also barred unanimously in Weener because of his proximity to the "Reichsbürger" scene; he had questioned the existence of the Federal Republic on social media. The committee went against the recommendation of the Leer district authority, which had found insufficient evidence.
Other candidates approved
Not all AfD candidates were blocked. Adrian Maxhuni was approved for the Bersenbrück mayoral race with 4 votes to 2 and one abstention. Florian Meyer was admitted in Fürstenau by a 4 to 3 vote. In Nörten-Hardenberg, Reinhild Goes was also approved after the Northeim district, acting as municipal supervisory authority, stated that there were "no sufficient factual indications" that she lacked constitutional loyalty. The mixed outcomes reflect the independence of each local committee.
- Thorsten Moriße (AfD) and independent Eugen Nazarenus excluded from mayoral races in Wilhelmshaven and Weener.
- Stephan Bothe (AfD) excluded from Lüneburg district administrator race; Adrian Maxhuni, Florian Meyer and Reinhild Goes (all AfD) approved.
- Statutory deadline for candidate approvals expires.
- Lower Saxony local elections.
Legal basis and controversy
The vetting rests on the principle that mayors, lord mayors and district administrators become temporary civil servants after election and must therefore guarantee they will stand up for the free democratic basic order at all times. The Lower Saxony interior ministry stresses that the loyalty check itself is not new; what is new is that election committees may now also obtain information from the Verfassungsschutz. No automatic query takes place. The AfD in Lower Saxony is classified by the domestic intelligence agency as a suspected right-wing extremist case.
AfD reaction
Stephan Bothe rejected the decision and accused the authorities of a politically motivated exclusion.
Based on the documents, it was obviously not even checked whether I actually respect the constitution. What was checked was whether I, as domestic policy spokesman, please the government line.
He added that the AfD stands "unreservedly on the ground of the Basic Law" and called the process a "backdoor ban by authorities and election committees. We will not accept that." Thorsten Moriße has announced he will sue against his exclusion.
Legal scholars divided
Constitutional law experts disagree sharply on the regulation. Hans Michael Heinig of Göttingen University considers the requirement constitutionally mandated.
We do not want enemies of the constitution in public service.
He argues that election committees must exclude such persons or prevent their later appointment. Mere party membership is not enough, he says, but membership in a confirmed extremist party can be part of an overall assessment alongside additional incriminating evidence such as repeated misanthropic statements.
Volker Boehme-Neßler of Oldenburg University calls the Lower Saxony rule a "foreign body" in electoral law and unconstitutional. In his view, every candidate should be allowed to run; constitutional loyalty should be examined only before appointment as a civil servant. He also argues that the Verfassungsschutz classification carries no external legal effect and that even prominent party offices are insufficient grounds for exclusion. Only concrete statements and actions against human dignity, fundamental rights, the rule of law or democracy should count.
What happens next
Excluded candidates can generally challenge the decisions only after the election through an election review procedure. Heinig says urgent court proceedings are only promising in cases of obviously unlawful or abusive exclusions, and the hurdles are high. Boehme-Neßler hopes for early judicial intervention, warning that otherwise doubts about free and correct elections could arise. The local elections are scheduled for 13 September.
