Hearing at the Federal court – Controversial Noser-advertisement: Was it illegal election advertising?Five members of the Zurich government Council, have recommended to the Council of States a candidate Ruedi Noser is a choice. In the event of a dispute, the Federal court decides today.Thomas Hasler0 comment promoted Ruedi Noser: Carmen Walker Späh, Ernst Stocker, Mario Fehr, Silvia Steiner, Natalie Rickli.
On 2. November 2019 appeared in the “Tages-Anzeiger” an advertisement to the support of Ruedi Noser in the second ballot of the Council of States elections of 17. In November 2019. The five governing Council members Carmen Walker Späh, Ernst Stocker, Mario Fehr, Silvia Steiner and Natalie Rickli were shown, with Name, position and party affiliation.
Under the title “A good councillor is to be elected, now it also needs Ruedi Noser” advertise for the election of the FDP-politician. In the Text, the sentence read: “He has worked well with the Zurich cantonal Council together.”
Juso and SP against the councillor
The Juso of the city and Canton of Zurich as well as the two SP-Kantonsräte Leandra Columberg and Nicola Siegrist turned with a voting rights complaint to the state Council. They called on him to comment on the advertisement and to give the five members of the governing Council of a complaint. Reason: The ad gives the impression of a choice recommendation of the Executive Council. Such was inadmissible.
The government is not joined in the objection. It will not handle the advertisement in an action of the Executive Council, and, therefore, no Appeal would be possible. It was not yet “at first glance” shows that it is a matter of the question, listing an official statement from the government. In other words: not the government, but five of its members as private individuals advertises.
Since the Juso and the two SP-Kantonsräte a completely different opinion. They moved the decision to the Federal court decides today in public hearing of the case. The Complainants are of the view that it was an election advertisement of the Executive Council, or at least its majority. Here, the government Council election run advertising, will still be illustrated by the sentence: Noser “has worked well with the governing Council together.”
“Regulatory Intervention is excluded”
The case to decide, the Federal court has, in various respects of importance. It is acceptable and normal that authorities informed in advance of votes, the population of the templates – as factual and neutral as possible. In connection with elections, however, the Federal court has already decided in 1991 that “official Intervention in the election campaign was generally excluded”.
The Complainants therefore request before the Federal court for the annulment of the election. However, you also know that the Federal court picks up a ballot only if these defects are irregularities significantly influence the result had. This is likely to be in the case of Noser-election is unlikely. Because the vote difference between him (185’276 votes) and Marionna Schlatter (116’594 votes) was significant.
“A good councillor is to be elected, now it also needs Ruedi Noser”: So, the choice is advertising in the “Tages-Anzeiger” appeared.
If the Federal court commented on this at all, is open. Because the main concern of the Complainant is another. You apply before the Federal court, the by the government precipitated an objection decision must be annulled, and your original complaint was transferred to the cantonal administrative court for decision.
The Background: According to the Zurich administrative justice act (VRG) is a complaint to the administrative court to be inadmissible, if the object of dispute at first instance, an arrangement or a decision on an Objection of the governing Council.
Because no appeal is to an independent cantonal court is possible, the movement of the Canton of Zurich against the in the Federal Constitution guaranteed the so-called recourse guarantee. This warranty gives the individual citizen a claim that a dispute is judged by a judicial (as opposed to administrative) authority.
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