The BSW has presented key points for its election review complaint at the Federal Constitutional Court, seeking a recount of all votes from the previous year's Bundestag election. Official results indicated that the party garnered only 4.98% of the votes, missing the threshold for entering the Bundestag by 9,529 votes. The BSW argues that discrepancies in the vote counting led to it receiving fewer votes than it actually did, necessitating an official recount.

BSW's chairwoman Amira Mohamed Ali outlined three categories of errors that adversely affected the party's vote count. The first significant issue involves ballots marked for the BSW being incorrectly attributed to another party. Notably, most of these misallocated votes benefited the "Bündnis Deutschland," a similarly named small party that stood in nearly all federal states. This misallocation raises questions about the integrity of the electoral process and whether it could have affected the overall election outcome.

The implications of this appeal extend beyond the BSW itself, as it highlights concerns about electoral transparency and the need for accurate vote counting in democratic processes. A successful appeal could not only affect the BSW’s representation in the Bundestag but also prompt a broader examination of electoral procedures, potentially leading to reforms in how elections are conducted and monitored in Germany.