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.

[–] LilB0kChoy@piefed.social 2 points 3 hours ago* (last edited 3 hours ago)

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.”

[–] Deceptichum@quokk.au 2 points 3 hours ago

Once again Germany showing it cares more about people being called Nazi's than it does stopping Nazism or genocide.

[–] floofloof@lemmy.ca 7 points 5 hours ago* (last edited 5 hours ago) (1 children)

"This was a serious error of judgment," he said. "I deeply regret this and accept the consequences."

"I made a serious mistake and in a moment of rash emotion drew a swastika behind the name of an AfD candidate," Born wrote in an email to other parliamentary leaders, quoted by public broadcaster SWR. "I will never forgive myself for this failure."

He didn't make a factual mistake, whether or not he made a strategic one. Nazis need to be at the very least called out for what they are.

It seems like a case of the law working against its original purpose. Germany had good reason to outlaw swastikas after the defeat of the Nazis, so Nazis couldn't keep promoting themselves. But here this man used a swastika to tell the truth about a Nazi who is hiding behind a veneer of electoral respectability.

[–] DivineDev@piefed.social 2 points 4 hours ago

Swastikas aren't outlawed outright, they're fine when displayed in a disapproving way, such as a crossed out swastika or a swastika being thrown in a bin.

This is a different case though, I'm not sure if he could have argued he used it to disapprove of the AfDs fascist policies and get away with it.

[–] 6nk06@sh.itjust.works 2 points 5 hours ago

Life is good when fucking morons like that guy earn way more money than most of us.

[–] mindbleach@sh.itjust.works 2 points 5 hours ago

The only thing this man did wrong is that you're supposed to draw three arrows.