Facts
The appeals concern the preparation of the general renewal election of the Cantonal Council of the Canton of Schwyz in 2012. On September 6, 2011, the Cantonal Government of Schwyz had issued a decree on the cantonal general renewal elections and a resolution on the representation of the municipalities in the Cantonal Council. Several appellants filed appeals in public law matters and essentially requested the annulment of these acts, insofar as they concern the 2012 Cantonal Council elections.
The Federal Court consolidated the three appeals and found that the electoral system practiced in the Canton of Schwyz for the election of the Cantonal Council does not meet the requirements for a proportional representation system. It was determined that the proportional representation system of the Canton of Schwyz for the election of the Cantonal Council is not compatible with the Federal Constitution.
Considerations
The Federal Court stated that the cantons are largely free in the design of their political system and electoral procedure, but this competence must be exercised within the framework of the constitutional guarantee of freedom of election and voting according to Art. 34 para. 2 of the Federal Constitution. A proportional representation system is characterized by the fact that it allows the various groups to be represented largely in proportion to their share of the electorate.
The Federal Court found that in the municipalities of the Canton of Schwyz, due to the allocation of seats by the Cantonal Government, natural thresholds of up to 50% apply. These high natural thresholds are generally incompatible with a system of proportional…