Question juridique clé
Whether systematic political signature collection on the sidewalk near a polling place falls under §§ 114 and 161 Wahlgesetz as prohibited propaganda on the 'Vorplatz'.
Solution extraite
The sidewalk location was not within the statutory prohibition. The law may extend to the forecourt, but not beyond it; therefore the conduct remained permitted absent a specific local rule or express statutory basis.
Motifs extraits
The court relied on the wording, historical materials, and legality principle. The statute sets the outer limit of punishable conduct at the forecourt; it cannot be broadened teleologically to include the sidewalk, especially given the need for legal certainty in criminal law and the importance of political rights on public ground.