Schaffhausen High Court hears election complaint against Council of States
Published: Tuesday, Jun 11th 2024, 04:40
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An election complaint is still pending against Simon Stocker (SP), a member of the Schaffhausen Council of States who was elected in November last year. The Schaffhausen High Court is questioning the complainant in a public hearing today, Tuesday. A decision is expected in the coming weeks.
In November last year, 43-year-old Stocker won the seat of Thomas Minder, the non-party father of the "rip-off initiative", in the second round of voting. Since then, Stocker has held the office normally - but to a certain extent "with reservations" due to an election complaint that is still pending.
The complaint concerns whether Stocker fulfilled the eligibility requirements at all. As reported by "Weltwoche" a few days after his election, Stocker is said to have lived mainly in the city of Zurich with his family at the time of the election. He had only rented a small apartment in Schaffhausen in order to register there and run for the Council of States, according to the "Weltwoche" report on which the election complaint is based.
Stocker quickly denied the accusations and claimed that the family's main place of residence was in Schaffhausen. They needed the apartment in Zurich so that his wife could commute to her job in the canton of Aargau.
Government council rejects complaint
The Schaffhausen cantonal council dismissed the complaint a few days after it was lodged. It based its decision essentially on Stocker's registration in the residents' register of the city of Schaffhausen. The decision was appealed to the Schaffhausen High Court.
As comparable cases are rare, the question arises as to which rules actually apply and how they should be applied. There is an established practice for determining the actual place of residence in tax law, for example - whether and how its rules can be applied in the present case is an open question.
If the appeal is upheld, Stocker's election would have to be annulled. The complainant requests that the second-placed Thomas Minder be declared elected. However, it would also be possible for new elections to be ordered. Stocker could then run again, provided he meets the eligibility requirements on the election date.
A decision by the Schaffhausen High Court on Tuesday is not expected. However, as the President of the High Court, Annette Dolge, told the "Schaffhauser Nachrichten" newspaper, she expects a ruling before the summer vacation. The decision can then be appealed to the Federal Supreme Court.
©Keystone/SDA
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