**General Provisions** (KBJG)
Table of Provisions (18)
Statutory Text (18 Articles)
1. This law regulates
a) the modalities for conducting municipal referendums regarding the cantonal affiliation of Bernese Jura municipalities, and
b) the consequences of such referendums.
1. For municipal referenda, the relevant municipal regulations and cantonal municipal legislation are applicable, insofar as this law does not contain any divergent provisions.
1. Those municipalities of the Bernese Jura that have requested the government council to hold a vote on their cantonal affiliation by November 24, 2015, are authorized to do so under this law.
2. If a municipality decides not to exercise its right to conduct a municipal vote, it must inform the government council within the following time limits
a. no later than twelve weeks before the voting date, if the vote is to be conducted within one year from the entry into force of this law (Art. 5 para. 2 or 3),
b. no later than four weeks after the first vote (Art. 5 para. 3).
Municipal referendums take place at the ballot box.
1. If votes are to be held in multiple municipalities, the votes shall take place on the same or on at most two voting dates.
2. If the municipal votes occur on the same voting date, they must be conducted within one year of the enactment of this law.
3. If the municipal votes occur on two voting dates, the first date must be set within twelve months of the enactment of this law, and the second within three months after the first voting date.
4. The municipalities involved shall agree on the voting dates through mutual consultation. If they cannot reach an agreement, the voting dates shall be determined by the governing council.
5. The votes shall take place on a Sunday.
1. The eligible voters of the affected municipalities shall be presented with the following question for voting: "Do you want the municipality of [Name of the corresponding municipality] to join the Canton of Jura?"
1. The voting explanations contain a part drafted by the competent municipal authority as well as two other similarly sized sections, one of which is prepared by the Canton of Bern and the other reserved for the Canton of Jura.
2. The Government Council adopts the section of the voting explanations for the Canton of Bern.
The Government Council is authorized to issue resolutions to implement special measures, particularly regarding the counting and preservation of voting materials, to ensure the smooth conduct of the voting process.
1. The Cantonal Affiliation of those municipalities that have rejected a transfer to the Canton of Jura or have not exercised their right to conduct a municipal vote is considered to be definitively settled.
1. The change of the cantonal territory resulting from the transfer of Bernese-Jura municipalities to the Canton of Jura shall be the subject of an agreement (concordat) to be concluded with the Canton of Jura.
2. The concordat provides for the territorial change, regulates the main aspects of the transfer of the affected municipalities to the Canton of Jura, and requires simultaneous referendums in both cantons.
3. It authorizes the Executive Council to negotiate and conclude an inter-cantonal agreement with the Canton of Jura, which will delineate the details of the transfer of the affected municipalities to the Canton of Jura.
4. It is subject to a mandatory referendum at the cantonal level (Art. 53 para. 3 of the Swiss Federal Constitution and Art. 61 para. 1 letter d of the Cantonal Constitution).
1. The Referendum on the Concordat in the Canton of Bern can only take place once all municipalities that have submitted a request pursuant to Article 3 have conducted a vote or have waived their right to do so.
1. If the concordat is accepted in both cantons,
a. the government council shall submit it to the Federal Assembly for approval, and
b. commence negotiations related to the inter-cantonal agreement (Art. 10 para. 3).
2. If the concordat is rejected in one of the two cantons, the procedure shall be terminated, and the cantonal affiliation of the municipalities affected by the concordat shall be considered definitively settled.
Subject of the Intercantonal Agreement to Be Negotiated with the Canton of Jura (Art. 10 Para. 3)
The subject matter of the intercantonal agreement to be negotiated with the Canton of Jura (Art. 10 Para. 3) includes, in particular, the financial settlement, the transfer of pending judicial proceedings, and the administrative transition. The municipalities affected by the cantonal change must be consulted before the conclusion of the intercantonal agreement.
The Government Council, in consultation with the Canton of Jura, determines the date for the transfer of the affected municipalities to the Canton of Jura.
As soon as the canton change has taken place, the Council of State shall present a report to the Grand Council regarding the process and completion of the canton change.
The Executive Council is authorized to make the formal and editorial adjustments to the provisions regarding the transferred municipalities in the cantonal legislation following the change of canton.
1. The Law of March 12, 1995, concerning the Canton Change of the Municipality of Vellerat to the Canton of Jura (Vellerat Law) (BSG 105.232) is hereby repealed.
1. The Cantonal Government shall determine the date of the entry into force.
2. It shall repeal this law
a) after the municipal referendums, if all affected municipalities reject a change to the Canton of Jura;
b) after the cantonal referendum, if either the Canton of Bern or the Canton of Jura rejects the concordat;
c) after the refusal of the concordat approval by the Federal Assembly;
d) as soon as the inter-cantonal agreement between the two Cantonal Governments is concluded and the change of canton for the affected municipalities is completed.