Compatibility of a mixed electoral system for the election of the cantonal parliament with the principle of equality of rights in electoral matters

Facts

In the canton of Appenzell Outer Rhodes, the election of the Cantonal Council in 2011 was conducted according to a mixed electoral system, with the application of the majority voting system in 19 of the 20 electoral districts and the proportional voting system in the Herisau district. Tim Walker challenged the constitutionality of this system, arguing that it infringed the principle of equality of rights in electoral matters arising from Art. 34 Cst.

Considerations

The Federal Tribunal considers that the mixed electoral system, although it contains elements of the majority voting system that may limit the equality of the value of the vote, is not generally incompatible with the Federal Constitution. Depending on the specific circumstances, the advantages of the majority voting system may outweigh its disadvantages. Here, the fact that the proportional voting system applies in the Herisau district, which has the largest number of seats to be filled, makes it possible to partially compensate…