Voting Sunday gets expensive Vote counting missed, court date too - curious judicial case in Bern
A man from Bern had to pay for missing the vote count on voting Sunday. He appealed against the fine - and then also stayed away from the court hearing.
No time? blue News summarizes for you
- A man from Bern, who had been asked to count votes in 2024 and was absent without excuse, lodged an appeal against a fine totaling 350 francs.
- As a result, a public court hearing was held - albeit without the accused himself.
- As he failed to appear without an excuse, his objection was deemed to have been withdrawn and the case was closed after a few minutes.
Early on Tuesday morning, the courtroom of the Bern-Mittelland Regional Court was almost irritatingly quiet. It is just after eight o'clock. The spectators' benches are empty, the files neatly laid out. The judge and court secretary are already in their seats at 8.10 am. Everything is prepared for a hearing that is only taking place because the accused has expressly requested it.
At the center is a man from the canton of Bern. The backstory is quickly told: in 2024, he was asked by the city of Bern to participate as a member of the "temporary voting committee". In other words, he was supposed to help count the votes on a voting weekend.
His cooperation was counted on. After all, it was all about the ballot in November 2024, when not only votes would be cast, but the parliament and government of the city of Berne would also be newly elected. Around 200,000 ballot papers were received for the votes at federal level alone.
Did not show up, did not deregister
However, the man, who lives well outside the city center of Bern, apparently had little desire to take a 40-minute bus ride this weekend to help out at the polling station. He also did not cancel his attendance. The consequence: a fine of 200 francs, plus fees - a total of 350 francs.
But the man did not accept the fine. He lodged an objection. In doing so, he demanded a public court hearing in which the prosecution's proposed sentence would be reviewed by elected judges. This is precisely why not only the court is ready this morning, but also a journalist is sitting outside the courtroom - to critically examine whether everything is above board.
Who is missing, however, is the central figure in the proceedings.
The trial should have started at 8.30 am. All those involved had been asked to appear earlier. An inquiry at reception brings clarity: the accused has not yet arrived.
At 8.40 a.m., there is noticeable irritation. The very man who wanted a trial at all costs has not appeared to plead his innocence or to present mitigating circumstances. Another no-show, another no-call.
At 08.46 a.m., the court makes the formal statement: the accused is absent. This means that the provisions of criminal procedure law apply in such cases: the so-called fiction of withdrawal. Anyone who lodges an objection but is absent from the scheduled hearing without excuse is legally deemed to have withdrawn the objection.
A lot of effort for nothing
The case is thus closed before it has even really begun. The original penalty order remains - presumably - in place: a fine and a fee claim totaling 350 francs. The decision is not yet legally binding. It was unclear at the time of going to press whether further charges will be added.
Anyone wondering at this point since when Switzerland has had a kind of citizen service obligation, given that a service citizen initiative was recently voted on: The obligation for individual citizens to help count votes is part of the militia system and has long existed in many cantons and municipalities.
In the city of Bern, for example, between 120 and 480 militia vote counters are randomly selected and deployed. However, it happens time and again that individual voters do not comply with their request. "On average, there are 12 notifications for elections and 4 for votes," writes the city chancellery at the request of blue News.
In many municipalities and cantons, this work is even remunerated. In Zurich, for example, vote counters can expect an hourly wage of up to 60 francs. In other municipalities, they are paid between 30 and 40 francs per hour.
Anyone who is called out and is absent without an excuse usually has to expect a fine. A look at the cantonal laws reveals significant differences: The canton of Valais provides for fines of "a maximum of 500 francs", while in Zurich the upper limit is 200 francs. In Bern, fines of up to 1000 francs can be imposed.