Validity of the election of a member of the Cantonal Council who changes parties between the election date and the constitution of the parliament

Facts

On March 16, 2008, the renewal election of the Cantonal Council (cantonal parliament) for the term of office 2008/2012 took place in the canton of St. Gallen. The election was held according to the proportional representation system. On list no. 6 of the Christian Democratic People's Party (CVP), the incumbent member of the Cantonal Council, Barbara Keller-Inhelder, was a candidate, who achieved the highest number of votes on her list and was declared elected according to the election protocol.

Shortly after the election date, Barbara Keller-Inhelder switched from the CVP to the Swiss People's Party (SVP). The newly elected Cantonal Council addressed the validation of the Cantonal Council election on June 2, 2008 and rejected, by 58 to 54 votes, the motion to declare Keller-Inhelder's election invalid due to her party change.

Jörg Frei and four co-participants challenged the Cantonal Council's decision on the validation of Barbara Keller-Inhelder's election with a public law appeal to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the principle of the free mandate applies to the sitting members of parliament, according to which they are not bound to their original party. This principle also applies to members of the Cantonal Council, without the need for a special regulation in the Cantonal Constitution.

While Keller-Inhelder's party change shortly after the election and before the constitution of the parliament may…