Repeating a referendum would be an unprecedented process
Published: Monday, Dec 2nd 2024, 10:50
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On December 12, the Federal Supreme Court will decide in public on the two appeals against the result of the vote on raising the retirement age for women from 64 to 65. If it approves them, a second ballot would be necessary - an unprecedented event in the history of Switzerland.
In 2019, the Federal Supreme Court also annulled the result of the CVP initiative against the marriage penalty in the taxation of married couples, which was narrowly defeated with 50.8% of votes against. However, the ballot was not repeated as ordered by the highest court, as the CVP (now in the center) decided against it and launched a new initiative instead.
The Federal Council had provided the electorate with misinformation in 2016 and thus violated the freedom to vote, the Federal Supreme Court ruled at the time. The national government had admitted that not only 80,000 married couples were affected by the marriage penalty, but 454,000 - albeit only two years later.
The Federal Supreme Court rejected a second appeal against the result of the 2008 Corporate Tax Reform II referendum. The SP had complained that the federal government had declared its tax losses too low in the voting documents. The Federal Supreme Court argued on the grounds of legal certainty, as the reform was already in force at the time of its decision.
Wrong AHV financial perspectives
The voting complaints of the SP Women and the Greens, which were discussed by the Federal Supreme Court on December 12, are also about incorrect figures. The Federal Social Insurance Office (FSIO) caused the "numbers mess" by using an incorrect formula in the calculation of the AHV financial perspectives.
As a result, in August it had to revise AHV expenditure for 2033 downwards by CHF 4 billion. After a more precise recalculation, a downward correction of CHF 2.5 billion remained.
Suddenly, the AHV was in a better financial position than presented in the voting documents. According to the complainants, the overly high forecast of future AHV expenditure was decisive for the 50.5 percent approval of the AHV reform (AHV 21) on September 25, 2022. The reform also increased the retirement age for women.
The voters therefore did not make an informed decision. The complaint argues that this deprived the women of a year's pension.
Substitute judges for men's panel
Two female substitute judges will take part in the public deliberations of the First Public Law Division of the Federal Supreme Court in Lausanne on December 12. In its normal composition, the panel consists only of men. However, the Federal Supreme Court regulations stipulate that "members of both sexes may sit on the panel if the nature of the legal dispute appears to justify this".
An external administrative investigation by a law firm initiated by Federal Councillor Elisabeth Baume-Schneider is shedding light on the processes at the Federal Social Insurance Office. The results are expected by the end of the year. The Control Committee of the Council of States is also looking into the affair.
FSIO Director Stéphane Rossini will step down at the end of June 2025. The former SP National Councillor from Valais took office at the end of 2019.
SFAO checks data and forecasts
The Federal Council wants to prevent further "number spaghetti" in voting proposals. It therefore decided at the end of September that the Swiss Federal Audit Office (SFAO) should carry out a one-off quality check of data and forecasts as part of its annual program in 2025.
According to the mandate, the SFAO must "audit the quality of the data bases, models and processes used in the forecasts for the Federal Council's Dispatches and explanatory notes on voting".
At the beginning of 2020, the national government had already arranged for the legislative process to have an objective and up-to-date basis for decision-making. Since then, for example, quantitative data must be presented clearly and with sources for the consultation process. In the case of estimates, information on their reliability must be provided.
©Keystone/SDA
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