Facts
With a view to the Grand Council elections on June 10, 2018, the Government of the Canton of Graubünden on September 12, 2017 determined the number of representatives to be elected in each constituency for the 2018-2022 legislative period. 54 private individuals and five political parties active in the Canton of Graubünden filed a complaint with the Federal Supreme Court against this decision. They claimed that the electoral procedure for the Grand Council violated the Federal Constitution.
The Federal Supreme Court first examined whether it was entitled to review the cantonal statutory provisions as well as the Constitution of the Canton of Graubünden for their compatibility with the Federal Constitution. It concluded that such a review was generally possible, as the legal framework had changed since the Federal Assembly guaranteed the Cantonal Constitution in 2004.
Considerations
On the merits, the Federal Supreme Court decided as follows
- The distribution of seats among the constituencies in accordance with the Swiss resident population is compatible with the Federal Constitution.
- However, the seat guarantee for the Avers constituency with a very low population violates the principle of equality of voting power and weight.
- The application of the pure majority voting system in the six most populous constituencies is also not compatible with the Federal Constitution, as in these constituencies the personality of the candidates is no longer the focus for…