Facts
The case concerns a constitutional complaint against provisions of the Ordinance on the Law on Elections and Votes of the Canton of Basel-Stadt, which regulated anonymous postal voting. The complainant Stefan Wehrle argued that these provisions violated the principle of reliable and unaltered expression of the will of the voters.
The Federal Court first had to examine whether the complaint was filed in a timely manner. It concluded that the deadline for filing the complaint in accordance with Art. 89 para. 1 OG began to run with the service of the letter on the granting of federal approval to the complainant.
On the merits, the Federal Court held that the system of anonymous postal voting provided for in the Canton of Basel-Stadt does not meet the requirements of Art. 8 para. 1 BPR. It significantly increases the risk of abuse, as there is no control of the right to vote. The Federal Court therefore decided that the contested provisions on anonymous postal voting should be repealed.
Considerations
The Federal Court stated that according to Art. 8 para. 1 BPR, the cantons must provide for a simple procedure for postal voting that at the same time ensures the control of the right to vote, the secrecy of the vote and the recording of all votes, as well as prevents abuses. The federal legislator leaves the design of the voting procedure to the cantons, but requires that an overall reliable and unaltered expression of will be enabled.
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