Switzerland court case: voting rights of the wild apple

Summary

On 16 June 2026, the wild apple (Malus sylvestris), a tree species native to Switzerland for more than 6,000 years, filed an electoral complaint with the Government Council of the Canton of Zurich after being denied the right to vote in the popular initiative “No to a Switzerland with 10 Million! (Sustainability Initiative)” in the City of Zurich. The tree was legally represented by a deceased Swiss citizen, with his next of kin acting on his behalf.

In order to honor his commitment to the environment, particularly native shrubs and trees, his wife initiated a voting rights initiative for the wild apple in his memory (posthumous) because he liked the idea of political rights for nature. She acknowledged that, following his death, his deceased body still has a role to play and contributes to the biological life cycle of plants. Therefore, she believes he should serve as the legal representative of the wild apple.

Relying on Art. 120 Paragraph 2 of the Swiss Constitution, the appeal argues that the wild apple “as an ecological person” has its own legal interests, including the preservation of its habitat and in the long-term conservation of its species in Switzerland, and therefore should have a say in democratic decision-making processes.

In that sense, the political will of the wild apple is restricted to interests concerning suitable habitat and favorable growing conditions, rather than with conceptual categories shaped by human society. “Accordingly, the wild apple cannot be classified as either left- or right-wing within the political spectrum. As a voter, it makes its decisions on the basis of scientific evidence and other relevant facts.”

Background
The popular initiative “No to a Switzerland with 10 Million! (Sustainability Initiative)” was initiated by the largest political party in Switzerland—the Swiss People’s Party (SVP), a national-conservative and right-wing party—and was aimed to cap the country’s human population at 10 million. Although the SVP has generally opposed government measures to strengthen environmental protection, it argued that the proposal would ease pressure on the environment, as well as on housing and public services in Switzerland.

Proceedings before the Government Council of the Canton of Zurich
On 24 June 2026, the Department of Justice and Home Affairs of the Canton of Zurich responded to the woman that it would abstain from preparing a formal request to the government council, as the appeal was clearly unfounded. They stated that the deceased husband cannot be a party in legal proceedings, nor can the wild apple act as an appellant. According to them, the wild apple is regarded as an object, and therefore is not a legal subject with subjective rights.

Proceedings before the Federal Supreme Court of Switzerland
On 30 June 2026, the woman—acting on behalf of the wild apple and her deceased husband—filed a complaint alleging denial of justice with the Swiss Federal Supreme Court. She argued that the Department of Justice and Home Affairs of the Canton of Zurich is not competent to decide electoral complaints. Relying on Art. 79 of the Federal Act of 17 December 1976 on Political Rights, she argued that the cantonal government shall issue a decision on an appeal and, where necessary, reject appeals relating to popular votes or elections. On this basis, she stated that it falls to the Government Council of the Canton of Zurich to reject her appeal and not the Department of Justice and Home Affairs.

Furthermore, she alleged that Art. 6 of the Federal Act on Political Rights provides a legal basis for the wild apple to participate in democratic decision-making processes. The provision (“Voting by persons with disabilities”) stipulates that the cantons shall ensure that any person who, due to a disability or any other reason, is permanently incapable of carrying out the procedures required for voting, is able to vote.

The Court acknowledged receipt of the complaint on 3 July 2026. The case (1C_373/2026) is currently pending before the Court.

Ecological Context
According to an article by Redaktion Wild beim Wild, around 17.6 square km of land in Switzerland is lost to development each year. Between 1985 and 2018, residential areas expanded by as much as 61 percent. The wild apple (Malus sylvestris) has become rare in Switzerland and its existence is endangered.