A constituency seat is an electoral mandate to represent the voters in the German Bundestag as their deputy which goes to the candidate winning the majority of first votes cast in a constituency. In a tied vote the constituency returning officer shall draw the lot. If a party has won at least three constituency seats, it shall participate in the distribution of seats on the basis of second votes won even if it has obtained less than five percent of the second votes cast.
Since there are no constituency nominations this does not apply to European Elections.
Section 5 of the Federal Elections Act (BWG)
Last update: 1 July 2016