Facts
At the municipal assembly on January 21, 1965, the municipality of Zofingen approved the construction of an administrative building for the municipal utilities and a workshop for the Building Department on the "Falkeisenmatte". On February 10, 1967, a "Committee for Public Referendum" submitted an initiative stating that "any new construction of the municipality, including the municipal utilities, is to be postponed until the overall plan for all future buildings is available" (Initiative I). On March 15, 1967, a "Non-partisan new Initiative Committee" submitted another initiative (Initiative II), which demanded that the construction works on the Falkeisenmatte be immediately postponed and re-examined with regard to location and financial requirements.
The Municipal Council declared Initiative I invalid due to formal deficiencies and Initiative II inadmissible on substantive grounds. The "Non-partisan new Initiative Committee" appealed the Municipal Council's decision to the supervisory authority and the Government Council of the Canton of Aargau. The latter dismissed the appeal, as Initiative II aimed at the reconsideration of a legally valid resolution of the municipal assembly, which could not be the subject of an initiative according to its purpose and intent.
Considerations
The Federal Court states that in appeals concerning voting rights under Art. 85 lit. a OG, not only the interpretation of federal law and cantonal constitutional law, but also that of other cantonal provisions, insofar as they regulate voting rights…