Facts
The Government Council of the Canton of Uri issued instructions for the general election of the Cantonal Council for the 2016-2020 legislative period. It was determined that the majority voting system (Majorz) applies in municipalities with one or two seats, while the proportional representation system (Proporz) applies in municipalities with three or more seats. Several persons filed a complaint with the Federal Supreme Court against this decision, as they considered the electoral procedure to be unconstitutional.Considerations
The Federal Supreme Court found that the electoral procedure for the election of the Cantonal Council in the Canton of Uri is not compatible with the freedom of election and voting guaranteed in Art. 34 para. 2 of the Federal Constitution. While the cantons are largely free to design their political system and electoral procedure, the electoral procedure must meet the requirements of Art. 34 Cst.
The Federal Supreme Court stated that the equality of electoral success cannot be realized in a pure majority voting system, as all votes cast for candidates who do not obtain a majority of the votes in a constituency are not taken into account in the allocation of seats. Even a mixed electoral system, as applied in the Canton of Uri, can be compatible with Art. 34 para. 2 Cst., provided that the cantonal legislature ensures that a genuine system of proportional representation is applied in municipalities with at least three Cantonal Council seats.
The Federal Supreme…