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6/25/2020 113 IA 43 - Schweizerisches Bundesgericht https://www.bger.ch/ext/eurospider/live/de/php/clir/http/index.php?lang=de&type=highlight_simple_query&page=4&from_date=&to_date=&from_year=… 3/3

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K., B., & S. v. Government Council

Judgment

Question Presented: Whether a voter is deprived of their right to vote if they vote for a candidate that has orally withdrawn from the race, but that withdraw is not recognized by the Governor and the candidate’s name appears on the ballot?

Alleged Acts: Three individuals ran for office on June 8, 1996. Candidate G. orally withdrew from the race three days prior to the election. However, this resignation was not recognized by the governor and G.’s name appeared on the ballot. G. was elected by 57 votes. The runner up candidates filed a complaint seeking a declaration that G.’s election was void and elected the runner up as the officeholder. The Government Council revoked the election of all representatives and ordered a new ballot on September 28, 1986. The Governor declare G. the winner again the Government Council’s decision. The plaintiffs appeal for violation of their voting rights.

Summary: The court stated that in order to find denial of voting rights, there must be a showing of how the vote would have been if the voters were aware that G. was not a valid candidate on election day. The court determined that the silent elections did not jeopardize the right to vote because it was a declaration by the Governor rather than the voting population. The court determined that only option avaliable to the government was not to declare the runner up the validly elected candidate. Thus, the election of G. stood.

Conclusion: The court dismissed the complaint.

Legal Issue(s)

Elections as a Fundamental Right
Vote Form Irregularities

Applicable Law(s): Art. 85 O.G.

Region: Europe and Eurasia

Country: Switzerland

Language of Decision

German

Court: Supreme Court

Election Type: General

Date of decision: Feb 11, 1987

Geolocation

Latitude: 46.94387858

Longitude: 7.438197529

: Geolocation

Primary Documents

113 IA 43 - Schweizerisches Bundesgericht.pdf
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