The German state of Baden-Württemberg's deputy speaker stepped down after admitting he drew a swastika on a ballot beside an AfD lawmaker's name. Daniel Born said he had made a "serious mistake" during a vote.
It was a secret ballot so they didn’t know who had done it, but the incident was reported to the police. Presumably the politician admitted to it before they went and interrogated and fingerprinted everyone to find out who did it.
But this raises the important question whether in a functioning democracy it is ever okay for the police to investigate who marked a specific ballot. If they’re allowed to fingerprint people to find out, then this sets a precedent that would allow an authoritarian government to prosecute people voting for the wrong candidates.
You could also argue that this is exactly what happened here; the politician is being persecuted for his (unlawful) political expression during a secret ballot. Unfortunately since he confessed, there is no opportunity to question the involvement of law enforcement as a matter of principle.
But this raises the important question whether in a functioning democracy it is ever okay for the police to investigate who marked a specific ballot.
Does Germany have a post-war law that makes this a crime? I thought the had a lot of anti-Nazi laws on the books.
Edit: Turns out it is. Under Section 86a of the German Criminal Code (StGB), it “prohibits the distribution and public use of symbols of unconstitutional organizations and those similar to them. This includes symbols of parties or organizations banned in Germany, especially those associated with National Socialism, as well as their propaganda materials. Violations can lead to imprisonment or fines.”
It was a secret ballot so they didn’t know who had done it, but the incident was reported to the police. Presumably the politician admitted to it before they went and interrogated and fingerprinted everyone to find out who did it.
But this raises the important question whether in a functioning democracy it is ever okay for the police to investigate who marked a specific ballot. If they’re allowed to fingerprint people to find out, then this sets a precedent that would allow an authoritarian government to prosecute people voting for the wrong candidates.
You could also argue that this is exactly what happened here; the politician is being persecuted for his (unlawful) political expression during a secret ballot. Unfortunately since he confessed, there is no opportunity to question the involvement of law enforcement as a matter of principle.
Does Germany have a post-war law that makes this a crime? I thought the had a lot of anti-Nazi laws on the books.
Edit: Turns out it is. Under Section 86a of the German Criminal Code (StGB), it “prohibits the distribution and public use of symbols of unconstitutional organizations and those similar to them. This includes symbols of parties or organizations banned in Germany, especially those associated with National Socialism, as well as their propaganda materials. Violations can lead to imprisonment or fines.”