Facts
On 21 May 2017, elections for the District Court Presidents took place in the Canton of Solothurn. The appellant Claude Wyssmann submitted an electoral proposal for himself, but was informed by the District Office of the Solothurn Region that only the incumbent office holders were allowed to participate in the election. The Administrative Court of the Canton of Solothurn dismissed an appeal filed against this. Thereupon, Wyssmann filed an appeal with the FSCA.Considerations
The FSCA dismissed the appeal. It stated that the cantons are largely free in the design of their political system and electoral procedure. The electoral procedure for District Court Presidents provided for in § 45 of the Solothurn Cantonal Act on Political Rights, according to which only the incumbent office holders are eligible to participate in the first round of elections, does not contradict the freedom of election and voting according to Art. 34 of the Cst.
The electoral procedure serves to institutionally secure the independence of the judiciary by ensuring a certain stability and continuity in office for the District Court Presidents. Although the term of office of four years appears relatively short, the District Court Presidents can rely on a…