Facts
By decree of March 21, 1994, the Grand Council of the Canton of Lucerne approved a special credit for the introduction of delegated cardiac surgery at the Lucerne Cantonal Hospital. A referendum was held against this decree, whereupon the Cantonal Council of Lucerne set the vote for September 25, 1994.
On September 16, 1994, the Swiss People's Party of the Canton of Lucerne filed a voting rights complaint with the Cantonal Council. It requested that the popular vote be cancelled or the result of the vote be annulled. The Cantonal Council considered the complaint to be late and did not enter into it.
The Swiss People's Party of the Canton of Lucerne then filed a constitutional complaint with the Federal Supreme Court. It requested that the Cantonal Council's decision not to enter into the matter be overturned and the result of the popular vote be declared invalid.
Considerations
The Federal Supreme Court dismisses the complaint. It states that the short complaint period of three days according to § 160 para. 2 of the Voting Rights Act of the Canton of Lucerne meets the requirements of federal law for an orderly exercise of political rights. This deadline serves the public interest in identifying and remedying irregularities before the vote.
With regard to the allegation of inaccuracy of the voting information, the complaint was late, as the complainant should have recognized the defect at the latest on…