Constitutional Implementation of Proportional Representation for the Election of the Cantonal Council in the Canton of Zug

Facts

On 27 August 2009, the Cantonal Council of the Canton of Zug decided on amendments to the Law on Elections and Votes, including the abolition of list alliances. On 28 January 2010, the Cantonal Council issued a resolution on the number of Cantonal Council seats for the individual municipalities.

The Social Democratic Party of the Canton of Zug and other parties as well as eligible voters filed a complaint with the Federal Supreme Court against the legislative amendment and the Cantonal Council resolution. They claimed violations of the guarantee of political rights under Art. 34 of the Federal Constitution, as the proportional representation system was impaired by small or differently sized constituencies.

Considerations

The Federal Supreme Court dismissed the complaint against the legislative amendment, but considered the Cantonal Council resolution to be final at the cantonal level. The complaint against the Cantonal Council resolution was partially upheld.

The Federal Supreme Court found that the proportional representation system of the Canton of Zug for the election of the Cantonal Council does not withstand the Federal Constitution. The high natural thresholds in the individual constituencies and the large differences in the vote shares required for a seat gain are incompatible with a true proportional representation system.