Facts
The Federal Supreme Court found in BGE 136 I 376 that the previous proportional representation procedure of the Canton of Zug for the election of the Cantonal Council does not withstand the Federal Constitution. As a result, the Cantonal Council submitted two variants to the people to amend the Cantonal Constitution. Variant A provided for the introduction of a double-proportional allocation procedure, while Variant B wanted to maintain the previous electoral procedure with the exclusion of the double-proportional allocation procedure.
By way of a public law appeal, the Alternative - the Green Party of the Canton of Zug, the Christian-Social Party of Zug, the Social Democratic Party of Zug, and some private individuals requested that the popular vote be held without Variant B.
Considerations
The Federal Supreme Court upholds the appeal and annuls the resolution of the Cantonal Council concerning Variant B of the referendum proposal. It justifies this by stating that Variant B is aimed at preventing the introduction of a constitutionally compliant proportional representation procedure.
The Federal Supreme Court states that the previous electoral procedure of the Canton of Zug for the election of the Cantonal Council does not meet the requirements of the Federal Constitution. Despite this finding, Variant B of the referendum proposal is intended to maintain the electoral procedure already deemed unconstitutional. This is in…