A Bern resident recently faced a 200-franc fine, totaling 350 francs with administrative fees, for failing to appear for mandatory vote-counting duty during a significant election weekend in November 2024. The individual's subsequent absence from a court hearing, which they specifically requested, resulted in the automatic upholding of the initial penalty.
Key Takeaways
- A Bern citizen was fined 200 francs for missing vote-counting duty in November 2024.
- Total costs, including fees, reached 350 francs.
- The individual failed to attend their own requested court hearing.
- This absence led to the automatic confirmation of the original fine under legal provisions.
- Mandatory citizen participation in vote counting is a long-standing part of Switzerland's militia system.
Mandatory Civic Duty in Switzerland
The obligation for citizens to participate in vote counting is a core element of Switzerland's unique militia system. This system relies on citizens fulfilling various civic duties, including supporting democratic processes at the local level. These duties ensure the smooth operation of elections and referendums.
In the city of Bern, authorities randomly select between 120 and 480 citizens to serve as non-permanent members of the ballot counting committee. These individuals receive official summons to assist with the tabulation of votes during election weekends. The system relies on a broad base of citizen involvement.
Understanding the Militia System
Switzerland's militia system involves citizens in various public services, from military defense to civil administration. This model emphasizes direct citizen participation and shared responsibility for the functioning of the state and local communities. It contrasts with systems relying primarily on professional staff for such tasks.
The November 2024 Election Weekend
The specific incident involved the November 2024 election weekend. This period was particularly important, as it included not only federal referendums but also the re-election of the Bern City Parliament and Government. The volume of ballots was substantial, with approximately 200,000 federal ballots alone requiring processing.
The city depends on its volunteer counters to manage this workload effectively. Each citizen called upon plays a role in upholding the integrity and efficiency of the democratic process. Their presence is crucial for timely and accurate results.
"At elections, there are on average 12 reports of non-compliance, and at referendums, there are 4," stated the City Chancellery in response to inquiries.
Absenteeism and Legal Consequences
The Bern resident in question lives a considerable distance from the city center, an approximate 40-minute bus journey. Despite the summons, the individual did not report for duty and failed to provide any prior notification of absence. This led to the initial fine.
Under Swiss law, failing to comply with such a summons without a valid excuse typically results in a penalty. The original fine was set at 200 francs, with an additional 150 francs in administrative fees, bringing the total to 350 francs.
The Court Hearing That Never Was
The citizen did not accept the penalty order and formally objected. This objection triggered the requirement for a public court hearing, where judges would review the prosecutor's proposed sentence. The hearing was scheduled for early Tuesday morning at the Bern-Mittelland Regional Court.
However, the accused individual, who had specifically requested this hearing, did not appear. All parties, including the judge and court secretary, were present and ready for the proceedings. When the accused remained absent by 8:46 AM, the court formally noted the non-appearance.
Fact: The "Withdrawal Fiction"
Swiss criminal procedural law includes a concept known as "Rückzugsfiktion" or "withdrawal fiction." This provision states that if an individual objects to a penalty order but then fails to attend the scheduled court hearing without excuse, their objection is legally considered withdrawn. The original penalty then stands.
The case was concluded before it properly began. The initial penalty of 350 francs (200-franc fine plus 150-franc fees) is expected to be upheld. It remains unclear if additional fees will be incurred due to the missed court date.
Compensation and Penalties Across Cantons
While participation is mandatory, some cantons and municipalities offer compensation for vote counting. In Zurich, for instance, counters can earn up to 60 francs per hour. Other communities pay between 30 and 40 francs per hour for this service, recognizing the time commitment involved.
Penalties for unexcused absence vary significantly across Switzerland. Cantonal laws set different maximum fines:
- Canton Valais: Fines up to 500 francs.
- Canton Zurich: Maximum fine of 200 francs.
- Canton Bern: Fines can go up to 1000 francs.
These differences highlight the autonomy of cantons in managing their civic duties and associated enforcement measures. The Bern case falls within the typical range for such infractions, reflecting the importance placed on citizen participation in local governance.
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