@cfrank said in Nonmonotonic methods are unconstitutional in Germany?:
What I mean is, it should not be the case that two rational voters with equal access to information, and who cast the exact same ballot, nevertheless conflict in their expectations about how that ballot will contribute to the electoral result. Non-monotonicity introduces unnecessary conflicts of interest. So I really doubt that under sufficient scrutiny, any non-monotonic system would actually stand up to the phrasing of the law.
Whether or not they are unconstitutional in Germany or elsewhere, I do believe that any voting system that is not monotonic or that fails independence of clones should be considered fully improper and disqualified from being part of any official public elections. I.e. they should by all reason be illegal in that context. And perhaps actually are in spirit or will be found formally illegal in Germany.
I consider failing participation to be on the same level as failing monotonicity. Philosophically I'd say they are very similar, even if they tend to happen for different mathematical reasons. But because participation is a more "expensive" criterion, people tend to be less harsh on methods that fail it.