Art. 34 Bundesverfassung der Schweizerischen Eidgenossenschaft (BV) - Politische Rechte

BGE 151 I 225 (Art. 34 al. 2 Cst.)

Federal Vote Annulment for Misstated AVS Financing Projection Rejected: No Grave Violation of Free Expression of Will Under Article 34(2) Cst. When Error Under 2% of Budget and Legal Certainty Bars Retroactive Invalidation.

Main ground for rejecting the appeals and upholding the vote, as the court found no violation of free formation of opinion sufficient to annul the ballot.

BGE 151 I 354 (Art. 34 BV)

Council of States election annulled for candidate lacking political domicile in canton despite voter-register entry; material center of life with family in another canton governs eligibility.

Main ground for annulling the election: violation of passive electoral rights due to lack of required domicile.

100 2016 347 · be (Art. 34 Abs. 1 BV)

Challenge to Communal Ballot on Bylaw Amendments Upheld on Merits Despite Procedural Objections

Cited in reasoning regarding political rights, but not in the dispositive.

100 2016 347 · be (Art. 34 Abs. 2 BV)

Challenge to Communal Ballot on Bylaw Amendments Upheld on Merits Despite Procedural Objections

Cited in reasoning regarding protection of free decision-making, but not in the dispositive.

VVGE.2011.13.Nr.25 · ow (Art. 34 Abs. 2 BV)

Campaign Posters on Public Property: Permit Requirements and Freedom of Expression

Used to state that granting permission for increased common use for posting posters on public land does not constitute an undue state intervention in a referendum or a donation of public funds to a private campaign committee.

VPB 150000317 (art. 34 al. 2 Cst.)

Electorate Approval for Canton Changes

Cited to support the requirement for objective, though not necessarily neutral, explanations of the vote's subject and stakes, and the disclosure of bases and uncertainties for any prognoses.

VPB 150000290 (Art. 34 Abs. 1 BV)

Cantonal Autonomy on Expatriate Voting Rights in Council of States Elections

This article guarantees political rights.

VR1 2025 38 · gr (Art. 34 Abs. 2 BV)

Voter Information Sufficiency in Municipal Loan Referendum

The appeal was dismissed because the court found no violation of this article regarding the free formation of opinion and unadulterated voting.

VWBES.2025.314 · so (Art. 34 BV)

Municipal Charter Vote Information Omission Challenge

The court's decision to dismiss the appeal is based on the finding that the information provided, despite its minor shortcomings, allowed for a free and unadulterated formation of opinion as guaranteed by this constitutional article.

VB.2024.00351 · zh (Art. 34 Abs. 1 BV)

Cantonal Election Validation After Post-Election Party Switch

Cited in the context of general principles guiding the decision, although not the primary ground for the final order.

VB.2024.00351 · zh (Art. 34 Abs. 2 BV)

Cantonal Election Validation After Post-Election Party Switch

The court found that a serious misleading of the voters was not established, which is the core issue related to this constitutional provision concerning electoral freedom.

VB.2025.00484 · zh (Art. 34 Abs. 2 BV)

Asylum Accommodation Expansion Vote Constitutionality

This provision on the unity of the subject matter (Einheit der Materie) was the central ground used by the court to overturn the lower court's decision regarding the validity of the single referendum.

VWBES.2025.232 · so (Art. 34 BV)

Municipality Funding of Opposition Committee Violates Free Voting Rights

The appeal was granted because the municipality's decision violated the constitutional guarantee of political rights regarding free will formation in voting.

BRGE.III.Nr.0076.20 · zh (Art. 34 Abs. 2 BV)

Municipality's Right of First Refusal on Composite Property Transfer Upheld

Cited in the context of dismissing complaints concerning the pre-decision reports (related to political rights), as the court lacked jurisdiction for such matters (Stimmrechtssachen).

WBE.2024.385.WBE.2 · ag (Art. 34 Abs. 2 BV)

Municipality Merger Information Not Misleading Enough to Overturn Vote

Guarantees the right to free formation of opinion and unimpeded voting, relevant to the applicants' claims about insufficient information.