Schaffhausen cantonal council rejects election complaint against Council of States
Published: Tuesday, Dec 5th 2023, 17:50
Updated At: Tuesday, Dec 5th 2023, 17:50
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The Schaffhausen cantonal council has rejected an election complaint against the newly elected Councillor of States Simon Stocker (SP). The complainants argued that Stocker did not live in the canton of Schaffhausen and was therefore not eligible for election.
The cantonal government rejected the appeal, as it announced on Tuesday. Stocker, who was sworn in as a member of the Council of States on Monday, can therefore continue to take part in the session.
In its decision, the cantonal government stated that Stocker has been registered in the population register of the city of Schaffhausen since January 2, 2022 and has also been entered in the voting register of the city of Schaffhausen since this date. The electoral office had to base its decision on this.
Application for suspensive effect rejected
This means that Stocker fulfills the "formal eligibility requirements according to the cantonal constitution and is therefore eligible for election as a member of the Council of States", the press release continued. By registering in Schaffhausen, Stocker has also moved his sole proprietorship in the field of "old-age policy" there and pays his income and property taxes in the Munot town.
The appellants' request for suspensive effect was also rejected. According to the Schaffhausen electoral law, appeals against elections only have suspensive effect if this is granted by the appeal body, wrote the government council. "It is the legislator's intention that the will of the electorate should be enforced for the time being and that a newly elected member of the Council of States can take office regardless of any appeal against voting rights."
The decision is not yet legally binding. It can be appealed to the Schaffhausen High Court and then to the Federal Supreme Court.
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