Facts
On March 25, 2015, the Cantonal Council of the Canton of Schwyz partially revised the cantonal Election and Voting Act. Among other things, Sections 53 and 53a, which concern legal protection in connection with cantonal public elections, were amended. Five voters of the Canton of Schwyz subsequently filed a public law appeal with the Federal Supreme Court and requested that these provisions be repealed, as they do not meet the requirements of Art. 29a of the Federal Constitution and Art. 88 of the Federal Supreme Court Act.
Considerations
The Federal Supreme Court dismisses the appeal, insofar as it is admissible. It holds that the regulation of the Canton of Schwyz, according to which appeals against decisions of the Governing Council or the Cantonal Council made in connection with cantonal public elections are generally excluded from the cantonal Administrative Court, is compatible with Art. 29a of the Federal Constitution and Art. 88 of the Federal Supreme Court Act, provided that the Governing Council or the Cantonal Council reconsiders its own decision or actual act in light of the objections of the appellants.
However, other authorities subordinate to the Cantonal Council or the Governing Council are involved in the preparation and conduct of the cantonal elections. Insofar as decisions and acts of municipal or subordinate cantonal authorities are challenged in the context of such elections, the exclusion of appeals to the Administrative Court is inadmissible. The same applies to the challenge of actual acts in the context of the preparation and conduct of cantonal elections that cannot be attributed to the Cantonal Council or the Governing Council.
If the Cantonal Council…