Facts
Prior to the federal popular vote on June 10, 2018 on the popular initiative "For crisis-proof money; money creation solely by the Swiss National Bank (Full Money Initiative)", Michael Derrer filed a referendum complaint against the Swiss National Bank (SNB) and the Conference of Cantonal Finance Directors (FDK). He claimed that these authorities had provided the electorate with untruthful and incorrect information about the Full Money Initiative.
The Cantonal Government of Aargau did not enter into the referendum complaint, as the contested acts were not limited to the territory of the Canton of Aargau. Michael Derrer appealed against this decision to the Federal Supreme Court in public law matters.
Considerations
The Federal Supreme Court states that authorities may exercise a certain advisory function in factual votes within their own community, without being obliged to remain neutral and being able to make a voting recommendation. For votes at the federal level, the Federal Act on Political Rights (BPR) provides for information obligations of the Federal Council, which must be based on the principles of completeness, objectivity, transparency and proportionality.
The SNB was authorized to publicly express its views on the Full Money Initiative prior to the vote, as this followed from its statutory mandate to regularly inform the public about monetary and currency policy. In doing so, it had to observe the principles applicable to official interventions in the voting campaign.
The Federal Supreme Court considers the statements of the SNB in its position paper to…