Simon Stocker loses his headquarters
Surprising court decision
Schaffhauser Simon Stocker has to hand in his seat of Councilor – this is how he reacts to the judgment
The Federal Supreme Court overrides the Schaffhaus authorities and explains: The election of the Schaffhausen Council of States Simon Stocker was not legal. Stocker must immediately hand in his office. He reacts disappointed – and combative.
Now it is definitely: the choice of the Schaffhauser SP state council Simon Stocker is invalid. The Federal Supreme Court decided on Monday. It overstairs a decision by the Schaffhauser Higher Court, which considered its choice to be permissible.
Video: Simon Stocker takes a position on the election of the Council of States
Simon Stocker takes a stand.
In the judgment, which was published today, the federal judges explain: « Since Simon Stocker had no political residence in the canton of Schaffhausen on the election day, he did not meet the corresponding strict cantonal law prerequisite for dialing as a Council of States. »
Judgment is « disappointing and is sad to us »
As a consequence, the election is canceled, Simon Stocker loses his office as a Council of States. The Schaffhauser expressed itself on Wednesday morning in a statement on social media on the court decision. This is painful for him, he writes. « Basically, the judgment is also a rejection of an equal family model. »
His wife and he had found a pragmatic solution « to organize our lives, which takes place professionally in different places in Switzerland, ». The fact that the Federal Supreme Court considered this kind of life to be not compatible with a political office and now cost him the election is « disappointing and is sad to us ».
Schaffhausen has to vote again
At a media conference in the afternoon, Stocker said that it was undoubtedly a difficult day. At the same time, he feels a certain relief: « The last one and a half years have also been a huge stress for my environment and me. » This state of floating is now over. The judgment of the Supreme Court has to be accepted.
With Hannes Germann (SVP), the canton of Schaffhausen only has a representative in the small chamber for the time being. The Schaffhausen government has to organize new elections at short notice. The first ballot takes place on June 29. Any second ballot would be carried out on August 24th. So the canton of Schaffhausen must be during the summer session
Because the Federal Supreme Court also decided: by lifting the choice of Simon Stocker, the second -placed competitor does not simply slip. The complainant expressly demanded this to explain Thomas Minder as elected in the event of a lifting of Stocker’s election. However, that doesn’t work. If he wants to go back to the Council of States, less has to start again.
On November 19, 2023, Simon Stocker was happy about his election to the Council of States. In the second ballot, he left competitor Thomas Minder clearly behind.
It is an absolute exception that a democratically legitimized election is canceled. The political will of the Schaffhauser voting was unmistakable: With 15,769 votes, Simon Stocker surprisingly clearly trusted in the second ballot to represent the canton in the Council of States. Thomas Minder won 13,504 votes.
Three days after the election, a Schaffhausen citizen filed a complaint: a prerequisite for an election to the Council of States was that the elected candidate had his place of residence in the canton of Schaffhausen on the day of the election. Simon Stocker live with his family in Zurich.
Both the government council and the higher court of the canton of Schaffhausen dismissed the symptoms. Why does the federal court come to a different conclusion?
Clear verdict of the Federal Court
The crucial question is where Simon Stocker lived at the time of his election. Because a close connection to the city and the canton is undisputed: Stocker grew up in Schaffhausen and lived there for around 40 years, took part in social life and was a city council for seven years.
In 2021 he moved to Zurich with his wife and baby. From 2022, however, he rented an apartment in Schaffhausen because his consulting company’s orders came from the canton. At the same time, he and his wife planned to buy a house in Schaffhausen – and to change residence.
That means: At the time of his election, Stocker had two apartments, one in Schaffhausen and one in Zurich, where his wife and son mainly lived. Stocker’s lawyer argued that a couple could have two residences, especially if it has small children. Stocker’s center of life is in Schaffhausen.
The Federal Supreme Court now clearly contradicts this interpretation: First, a person could not have more than one place of residence. Second, the center of life is usually on site, where the person sleeps and from where they care for family relationships. In the case of married people, that is the family’s place of residence, not the place of work.
Thirdly – and this is also important in this case – according to Schaffhauser, the residence at the time of the election is crucial. Even if Stocker intended to move to Schaffhausen with his family, it is irrelevant. Because on the day of the election, on November 19, 2023, the residence was in Zurich because Stocker’s family lived there.
