CH-JU
1. État, peuple, Authorities » 16. Political Rights
Table of Provisions (123)
Statutory Text (123 Articles)
1. This law applies to public elections held in the Republic and Canton of Jura, in municipal, mixed, civic, and district communes, as well as to popular initiatives, popular votes (referendums), and referendum requests within the said Canton and communes; it does not apply to elections conducted at communal assemblies.
2. The Government shall issue, by way of ordinance, the necessary rules for the execution of this law, as well as for the execution of the federal law on political rights.
3. The State Chancellery may, furthermore, issue directives supplementing this law and the ordinance to ensure uniform practice, particularly in the maintenance of the voter register, the preliminary voting operations, and the counting process.
The terms used in this law to refer to persons apply equally to women and men.
1. Swiss men and women, aged eighteen and domiciled in the Canton for thirty days, are eligible to vote in cantonal elections. They are eligible to vote in municipal elections if they have been domiciled in the municipality for thirty days.
2. All male and female citizens domiciled in the municipality or section of the municipality and who hold the right to vote in cantonal matters have the right to vote in communal affairs. The regulation of the bourgeois municipality may grant the right to vote to all male and female citizens enjoying civic rights and domiciled outside the municipality.
3. Travellers have the right to vote in cantonal matters if they register in the electoral register of their commune of origin where they exercise their voting right.
4. Swiss citizens residing abroad are eligible to vote in cantonal matters if they register in the electoral register of their commune of origin or previous domicile; the exercise of their voting right is governed by the provisions of the federal law on Swiss persons and institutions abroad and by this law.
5. Persons who, due to a lasting lack of discernment, are under a general guardianship or a mandate due to incapacity are not eligible to vote.
1 Foreigners domiciled in Switzerland for ten years and in the Canton for one year are eligible voters in cantonal matters.
2 Foreigners do not participate in voting on constitutional matters (art. 77, letters a, b, and f, of the Cantonal Constitution).
3 Foreigners domiciled in Switzerland for ten years, in the Canton for one year, and in the municipality for thirty days are eligible voters in municipal matters.
1 Each municipality shall establish an electoral register, the custodian of which is appointed by the municipal council.
2 Voters are automatically registered when they meet the legal conditions. They are also registered if they can demonstrate that they will meet these conditions by the day of the next election. No one may be registered in more than one municipality.
2bis The register is computerized and standardized throughout the entire Canton.
2ter The State Chancellery has access to the municipal electoral registers and may process the necessary data for the duration required for the organization of elections and votes.
3 The electoral register is public.
1. Any person who is not registered and believes they should be may request the officer to complete the register.
2. The officer's decision can be appealed within ten days to the municipal council. The council shall decide without delay.
3. Any voter who believes that a person is wrongly registered may request the municipal council to correct the register. The person whose registration is contested is, if possible, given an opportunity to defend themselves.
1. All Swiss citizens, male and female, aged eighteen or older, who are not under a general guardianship or a mandate for reasons of incapacity, are eligible for all public offices.
2. Persons aged at least sixteen may serve on all municipal commissions.
3. ...
4. Foreign nationals who hold civil and political rights are eligible for positions on municipal commissions and as municipal officials.
5. Foreign nationals who hold civil and political rights are eligible
− for city councils and general councils;
− for the presidency and vice-presidency of municipal assemblies;
− and for positions on municipal councils, with the exception of the mayoralty.
Elections are held in the municipalities. The right to vote is exercised in principle in the municipality where the voter has their domicile.
1. Sunday is the polling day.
2. The municipal council may open the poll as early as Friday.
1 The status of voter is established by the presentation of the voter card.
1bis …
2 The right to vote is exercised by means of an official ballot.
1 The municipalities shall send to all voters in their jurisdiction, no earlier than four weeks and no later than three weeks before the election day, their voter card, as well as the official ballot papers and, in the case of a referendum, the text subject to the vote.
2 Official ballot papers shall be made available to voters in municipal administrations and at polling stations.
3 The State or the municipality shall bear the costs of printing and distributing the official ballot papers.
3a In elections conducted under the proportional representation system, paragraph 3 applies only to lists that have received at least three percent of the votes cast or that have an elected representative in the constituency. The printing and distribution costs of lists that have not achieved this result shall be borne by the candidates appearing on the list, who are jointly liable, or by the legal entity that presented the list.
3b In elections conducted under the majority system, paragraph 3 applies only to candidates who have received a number of votes equal to at least three percent of the number of valid ballots. The printing and distribution costs of the ballots for candidates who have not achieved this result shall be borne by the candidates themselves.
4 Additional ballots are at the charge of the persons or organizations who ordered them.
1 The municipalities distribute the propaganda of political parties.
2 They collaborate as much as possible in this task.
1. Each municipality shall establish an electoral office designated by the municipal council; it shall be composed of at least three voters residing within its jurisdiction, and at least five during elections; in the latter case, political forces shall be equitably represented; several municipalities may form a single electoral office.
2. Participation in the electoral office is a duty from which no one can be excused without just cause.
3. The electoral office shall ensure the regularity of the voting process and proceed with the counting of votes.
1. Voters personally place their ballot in the ballot box; the voter's card is placed in a separate box.
2. …
3. The electoral office takes appropriate measures to enable disabled individuals to participate in voting when they are unable to perform the necessary acts themselves.
1 The voter may vote by correspondence as soon as they have received their card and the necessary materials. The voting materials allow for the identification of the voter who voted by correspondence while ensuring the secrecy of the vote.
2 Voting can be exercised from any location.
2bis The voting envelope may also be directly submitted to the municipal administration before the election during the municipal office's opening hours.
3 ...
4 Swiss citizens abroad who are registered in the electoral register receive the correspondence voting materials without prior request.
1 The secrecy of the vote must be ensured.
2 Ballots sent by mail are placed into the ballot box before the counting of the votes.
All ballots must receive the stamp of the electoral office before being placed in the ballot box.
Are null and void
a) ballots that are not official;
b) ballots that do not bear the stamp of the electoral office;
c) during a vote, ballots that are not filled out by hand; during an election, blank ballots that are not filled out by hand and printed ballots that are altered other than by hand;
d) ballots that do not clearly express the voter's intention;
e) ballots that contain annotations unrelated to the voting process;
f) ballots that have markings that allow the identification of the author;
g) ...
h) ...
1 The election of Parliament and that of the Government shall take place on the same day, being the penultimate Sunday of October.
2 The election of general councils, municipal councils, mayors, presidents and vice-presidents of assemblies shall take place on the same day, being the penultimate Sunday of October, two years after the election of Parliament.
3 The regulation of the bourgeois commune shall establish the schedule for bourgeois elections.
4 The election of state councillors shall take place on the same day as that of the National Council.
1 The Parliament is convened during the third week of December following its election; on this occasion, it proceeds with the election of the authorities under its jurisdiction.
2 The Government is constituted the following day.
3 The other authorities are constituted within the first fifteen days of the calendar year following the day of the election.
4 The terms of the former authorities end on the eve of the constitutive session of the new authorities.
5 The appellate authority may, if necessary, extend the term of the former authorities in the event of an appeal against the election of the new authorities.
Unless otherwise provided by this law, the Government shall take measures related to the Canton elections; the municipal councils shall take those related to the municipal elections.
1 The Government may, by means of an ordinance or in the form of specific decisions justified by circumstances within the framework of an election, provide for control measures and specific procedures regarding the exercise of the right to vote.
2 It may notably provide for
a) the use of observers;
b) controls during the exercise of the right to vote, during the counting of votes, and afterwards.
The counting of federal and cantonal ballots must be carried out using the computer system determined by the Canton.
1 The State Chancellery verifies and publishes the results of the ballots.
2 The municipal council proceeds with the publication of the results according to local practice.
1 The Parliament ascertains, in its constitutive session, the outcome of its election, as well as the outcome of the election of substitute members.
2 The Government ascertains the outcome of the other Cantonal elections and the Cantonal ballots.
3 The municipal council ascertains the outcome of municipal ballots.
4 ...
When the law refers the matter to a drawing of lots, the operation is incumbent upon the president of the Cantonal Court, who proceeds as he deems appropriate.
**The Parliament is composed of sixty members elected simultaneously for a term of five years.**
1 Members of Parliament and their substitutes may only be re-elected twice consecutively.
2 In the event of accession to the function of substitute during the term of the legislature, the period is not taken into account.
3 Any period commenced is deemed complete.
4 The period begins on the day of the constituent session of Parliament.
The election takes place by district.
The seats of Parliament are allocated among the districts according to the following rules
a) three seats are assigned to each district;
b) the resident population as of December 31 of the second year preceding the election is divided by the number of seats that have not been allocated in the first distribution; the result, rounded up to the nearest whole number, is the quotient; each district is allocated as many seats as the quotient fits into the figure of its resident population;
c) the seats that were not allocated in the second distribution are allocated to the districts with the highest remainders.
**The Parliament is elected according to the system of proportional representation.**
1. For each district, candidate lists must be submitted to the State Chancellery by no later than Monday of the eighth week preceding the election, at 12:00 PM.
2. A list may not contain more names than there are seats in the district.
3. Each list must indicate the last name, first name, year of birth, profession, residence (exact address), and place of origin of the candidates.
4. It must bear a designation that distinguishes it from other lists.
5. Each list must bear the handwritten signature of at least thirty voters residing in the district, including two representatives and an alternate; if these are not designated, those voters whose names appear at the top of the list are considered as such.
6. A voter may not affix their signature to more than one list.
1 The Member of Parliament is domiciled in their electoral district.
2 In the event of a merger of their commune of domicile and its attachment to another district, the Member of Parliament shall continue to exercise their mandate until the end of the legislative term for which they were elected.
No one may be a candidate in more than one district or on more than one list within the same district. If applicable, a period for making an option is granted. In the absence of an option within the allowed period, the decision is made by lot.
**1 Individuals who withdraw their candidacy must notify the State Chancellery no later than Friday of the eighth week preceding the election, by 12:00 PM.**
**2 The representatives of the list must correct or complete it, if necessary, no later than Monday of the seventh week preceding the election, by 12:00 PM.**
**3 Candidacies that are withdrawn or contrary to the law are considered null and void.**
Municipalities shall send to all voters within their jurisdiction, no earlier than four weeks and no later than three weeks before the election, printed official ballots reproducing the district lists (including the name, first name, year of birth, profession, and domicile of the candidates) and a blank official ballot.
1 Each voter has as many votes as there are seats in the district.
2 The voter may cast their vote in one of the following ways
a) they place an official printed ballot in the box without modifying it;
b) they place an official printed ballot they have modified, by crossing out names, cumulating others, or adding the names of candidates from other lists (panachage).
In both cases (a and b), the votes not given to candidates are attributed to the list whose name appears at the top of the ballot;
c) they place a blank official ballot in which they have entered the names of candidates from the district, cumulating them if they wish;
d) they place a blank official ballot without naming any candidates, attributing their votes to a list of their choice by clearly designating it;
e) they place a blank official ballot where they designate the list of their choice as well as the name of one or more candidates.
3 No candidate may receive more than two votes per ballot.
4 Excess candidates are canceled as follows
a) on the printed ballots, the last printed names;
b) on blank ballots, the last entered names.
1 After the close of the poll, the electoral offices establish, and the State Chancellery summarizes for each district
a) the number of registered voters and the number of actual voters;
b) the number of valid ballots and the number of invalid ballots, the latter corresponding to the sum of blank and void ballots;
c) the number of votes received by the candidates of each list (nominal votes);
d) the number of non-nominal votes that are allocated to each list (additional votes);
e) the total number of votes for each list (nominal and additional votes);
f) the number of unused votes.
2 For the purposes of determining the result using new techniques, the Government may enact provisions that deviate from this article.
In each district, the seats are allocated among the lists according to the following rules
a) the total number of votes for all lists is divided by the number of seats in the district, increased by one; the result rounded up to the nearest whole number is the electoral quotient;
b) each list receives as many seats as the number of its votes contains the electoral quotient entirely;
c) if not all the seats are allocated, the number of votes for each list is divided by the number of seats it has already received, increased by one.
A seat is awarded to the list with the highest quotient.
The operation is repeated until all seats are allocated.
In case of a tie in quotient for the last seat, the outcome is decided by lot.
1. Those candidates who have obtained the highest number of nominative votes are elected, corresponding to the number of seats allocated to each list.
2. Non-elected candidates are ranked according to the number of nominative votes they have obtained.
3. In case of a tie in votes, the candidate who has received the most votes on the list where their name appeared is elected. In the event of another tie, the decision is made by lot.
If the number of nominated candidates does not exceed the number of seats in the district, they are elected without a vote (tacit election). If they are fewer in number, a supplementary election shall be conducted for the unallocated seats.
If a list obtains more seats than it has presented candidates, the voters who signed it can designate additional candidates, who are elected without a vote. Failing to make a choice within the allotted time, a supplementary election is conducted.
1 In the event of a vacancy during the legislature, the departing member of Parliament is replaced by the first alternate listed on the same ticket. If this person refuses to take the seat, the next in line takes their place.
2 If there are no remaining candidates, the majority of voters who signed the list may designate an additional candidate, who is elected without a vote; failing designation within the allotted time, a by-election is held.
1 If only one seat is vacant, the by-election takes place by a relative majority.
2 If multiple seats are vacant, the election is held according to the system of proportional representation.
If, in any case of an election, no list has been submitted, the election takes place by relative majority. Voters may cast their votes for any eligible person. Cumulative voting is not allowed.
1 The electors elect the alternates at the same time as the members of Parliament.
2 The alternates replace the members of Parliament during plenary sessions.
3 For the remainder, the organizational law of the Parliament of the Republic and Canton of Jura defines their rights and obligations.
4 …
**A single list will be established for the election of deputies and their substitutes.**
1 The list that obtains one or two seats is entitled to one substitute. The list that obtains three to six seats is entitled to two substitutes. The list that obtains seven to ten seats is entitled to three substitutes. The list that obtains more than ten seats is entitled to four substitutes.
2 The elected substitutes are the first "run-up" after the deputies.
3 In the event of a vacancy concerning the substitutes, the same rules apply as for the deputies.
For the remainder, the rules governing the election of Parliament shall apply.
The Government is composed of five members elected simultaneously for a term of five years.
The election takes place in the Canton, which constitutes a single constituency.
The Government is elected according to the two-round majority system.
1 The nomination papers must be submitted to the State Chancellery no later than Monday of the eighth week before the election, by 12 noon.
2 The nomination papers shall indicate the name, first name, year of birth, profession, domicile (exact address), and place of origin of the candidate.
3 It must bear the handwritten signature of the candidate and that of at least fifty electors domiciled in the Canton, including two representatives and one deputy; if these are not designated, the electors whose names appear at the top of the list shall be considered as such.
4 The signatories may group the nominations. They may not present more than five.
Members of the Government are domiciled in the Canton.
1 Applications for candidacy may be amended no later than Monday of the seventh week preceding the election, by 12:00 PM.
2 They may only be supplemented if a candidate becomes ineligible; this supplement may be made up until the Monday preceding the election, by 12:00 PM.
3 Once signed, the candidacy cannot be withdrawn.
If a candidate becomes ineligible between the Monday preceding the election and the close of the poll, the election is annulled and postponed. The Government takes the necessary measures and sets the deadlines. It may, in particular, waive the deadlines established by this law, especially in Article 23, paragraph 2.
The municipalities send to all the voters in their jurisdiction, no earlier than four weeks but no later than three weeks before the election, official printed ballots bearing the name(s) of the candidate(s) and a blank official ballot. If a candidacy is added later, the Government distributes a new official printed ballot.
1 Each voter has five votes.
2 Voters may only cast their votes for candidates and may only give one vote to each candidate.
3 Surplus candidates are eliminated as follows
a) On printed ballots, the last printed names are annulled;
b) On blank ballots, the last written names are annulled.
After the close of the polls, the electoral offices establish, and the State Chancellery summarizes for the Canton
a) the number of registered voters and that of those who voted;
b) the number of valid ballots and that of invalid ballots, the latter corresponding to the sum of blank and null ballots;
c) the number of votes obtained by each candidate.
1 Elected are the candidates who have received a number of votes exceeding half of the number of valid ballots (absolute majority).
2 If more than five candidates have obtained the absolute majority, those among them who have received the highest number of votes shall be elected.
3 In the event of a tie in votes for the last seat, a supplementary election shall determine between the candidates who have received the same number of votes.
1 If fewer than five candidates have obtained an absolute majority (run-off), a second round of voting is conducted for the remaining seats to be filled.
2 The second round of voting takes place on the third Sunday after the first round.
1 A candidate in the first round may withdraw their candidacy for the second round.
2 Candidacies must be submitted to the State Chancellery by Wednesday following the first round, at 12 noon. They are made public by the Official Gazette.
3 Only those who participated in the first round and obtained at least five percent of the valid ballots may declare their candidacy.
The municipalities shall send the voter cards and official ballots to the voters no later than the Monday preceding the election.
Each voter has as many votes as there are seats to be filled.
Those candidates who have received the largest number of votes, even if it is not more than half of the number of valid ballots (relative majority), shall be elected for the seats to be filled.
Subject to the foregoing provisions, the rules applicable to the first round shall also apply to the second round.
1 If the candidates presented in the first or second round are not more numerous than the seats to be filled, they are elected without a vote (tacit election).
2 If they are fewer, a supplementary election by relative majority is conducted for the unfilled seats.
1 In the event of a vacancy during the legislature, a by-election shall be conducted according to the two-round majority system.
2 The individuals elected shall serve for the remainder of the legislature.
If, in any of the election cases, no candidacy application has been submitted, the election is conducted by relative majority. Voters may cast their votes for any eligible person.
The two members of the Council of States are elected simultaneously for a term of four years.
The election takes place in the Canton, which constitutes a single constituency.
Members of the Council of States are elected according to the system of proportional representation.
The provisions governing the election of Parliament shall apply by analogy, subject to the following provisions.
1 Candidate lists must be submitted to the State Chancellery no later than Monday of the eighth week preceding the election, by 12:00 noon.
2 Each list must bear the handwritten signature of the candidate(s) and at least fifty electors domiciled in the Canton, including two representatives and one alternate; if these are not designated, the electors whose names appear at the top of the list are considered as such.
3 Once signed, the candidacy may no longer be withdrawn.
4 Lists may be amended no later than Monday of the seventh week preceding the election, by 12:00 noon; they may only be supplemented if a candidate becomes ineligible; such supplementation may be done no later than Monday of the second week preceding the election, by 12:00 noon.
If a candidate becomes ineligible between the Monday of the second week preceding the election and the close of the poll, the election is annulled and postponed to the second following Sunday; the Government shall take the necessary measures and set the deadlines.
1 The voter has two votes. They may vote for one or two candidates.
2 They may only give one vote to a single candidate.
1 In the event of a vacancy during the legislature, the outgoing deputy is replaced by the candidate from the same list who was not elected in the last election. Failing that, the signatories of the list to which the deputy belonged have the right to present a candidacy which must be approved by at least thirty signatories. The proposed candidate is elected by tacit consent. If the signatories of the initial list do not exercise their right to present a candidate, a vote takes place by relative majority.
2 In the event of a simultaneous double vacancy during the legislature, and in the absence of replacements, a supplementary election is held according to the system of proportional representation.
3 Deputies elected during the term are elected for the remainder of the term.
Lists of candidates must reach the State Chancellery no later than Monday of the eighth week preceding the election, by 12 p.m.
1 The municipality shall, in principle, form a single electoral district.
1bis In the event of a merger of municipalities, the former electoral districts may be maintained for the election to the municipal council and the general council until the end of the legislative period during which the merger takes effect. The merger agreement shall regulate the allocation of seats.
2 The legislative term of all municipal authorities is five years, unless otherwise provided by federal or cantonal law.
3 The Government shall enact, by ordinance, the implementing provisions relating to municipal elections; it shall specifically adopt the provisions applicable to all municipalities whose regulations have not been adapted to this law.
4 The lists and nomination papers must bear the handwritten signature of at least five voters residing in the municipality; for general council elections, this number is increased to twenty voters.
4bis For the election of the municipal council and the general council of newly merged municipalities, temporarily organized into several districts, the voters authorized to sign the nomination lists are those from the district. The nomination lists for the general council election must bear the handwritten signature of at least five voters residing in the district.
5 The elected officials must reside in the municipality; exceptions are reserved for the contrary provisions of the regulations of bourgeois municipalities.
1 The proportional representation system is applicable, according to the provisions of the present law, for the election
a) of the general council in municipalities that have such a body;
b) of the municipal council, unless the organizational regulations provide for the majority system;
c) of all other bodies of municipal, mixed, civic municipalities, and sections of municipalities that, by virtue of a provision of the organizational regulations, are elected by ballot according to the proportional representation system.
2 Subject to Article 82a, the provisions governing the election of Parliament apply by analogy.
3 The organizational regulations may allow for the elimination of candidate accumulation; they may also provide for the election of substitutes for the general council.
1 The lists of candidates must reach the municipal council no later than Monday of the eighth week preceding the election, by 12 PM.
2 Individuals who withdraw their candidacy must notify the municipal council no later than Friday of the eighth week preceding the election, by 12 PM.
3 The representatives of the list must correct or complete it, if necessary, no later than Monday of the seventh week preceding the election, by 12 PM.
1 The majority voting system with two rounds shall apply, in accordance with the provisions of this law, for the election of
a) the mayor;
b) the president and vice-president of the communal assemblies;
c) the communal council, unless the organizational regulations provide for the proportional representation system;
d) other authorities of municipal, mixed, bourgeois, and sectional communes, their officials, and teachers who, by virtue of a provision in the organizational regulations, are elected at the polls according to the majority system.
2 Subject to Article 83a, the provisions governing the election of the Government shall apply by analogy.
3 If the number of nominations, in any of the cases mentioned above, exceeds three, the communal council may distribute only a blank official ballot and a list of the submitted candidacies.
4 The provisions of the decree on the protection of minorities remain reserved.
1 Nomination papers must reach the municipal council no later than Monday of the eighth week preceding the election, by 12 p.m.
2 Nomination papers may be amended no later than Monday of the seventh week preceding the election, by 12 p.m.
In cases not covered by Articles 82 and 83, the organizational regulations may provide that the election of officials and staff takes place at an assembly, in accordance with the provisions of said regulations.
1 When a popular initiative is submitted for signature collection, the signature list (sheet, page, card) must contain the following information
a) the political commune where the signatory is registered;
abis) the designation of the type of initiative (drafted in general terms or fully drafted);
b) the text of the initiative;
c) a withdrawal clause;
d) the name and address of at least seven authors of the initiative (initiative committee).
1bis An initiative that is fully drafted must also contain the exact indication of the constitutional or legal norms it aims to adopt, repeal, or amend, as well as, if applicable, the precise statement of the norms to be adopted.
2 The State Chancellery verifies, before the collection of signatures, whether the list meets the requirements of paragraphs 1 and 1bis.
3 If this is the case, it publishes the possible title and text of the initiative in the Official Journal.
4 The authors of the initiative submit lists to the communal secretariats.
1 The voter must clearly and legibly write their name, first name, year of birth, address, and signature by hand on the signature list.
2 They may sign the same initiative only once.
1 The signatures must be certified by the municipal administration.
2 Certification is not granted when the signatory cannot be identified or when they are not registered in the electoral roll of the political municipality indicated on the signature list.
Are null and void
a) signatures appearing on lists that do not contain the legal indications;
b) signatures that are not certified;
c) signatures affixed by a person who has already signed.
1 No later than twelve months after the publication of the text in the Official Journal, the initiative is submitted to the Government, which verifies its validity in form; if it is valid, the Government submits it without delay to Parliament.
2 Parliament determines whether the initiative is valid in substance, after consulting with the representatives of the initiative committee.
1 The decision of the Parliament regarding the validity of the initiative must be made within six months following the day it was submitted to the Government.
2 The Parliament must address the initiative within two years following the day it declared it valid.
3 Before addressing the initiative, it shall hear the representatives of the initiative committee.
4 …
5 …
1 The Parliament addresses an initiative formulated in general terms as follows
a) by drafting constitutional or legal provisions;
b) by proposing a counter-project formulated in general terms;
c) or by deciding not to enact any constitutional or legal norm, that is, by choosing not to proceed with the initiative.
2 The constitutional or legal norms drafted following an initiative formulated in general terms (para. 1, letter a) are adopted according to the ordinary legislative procedure applicable to these norms.
1 The Parliament addresses a fully formulated initiative as follows
a) by accepting the initiative;
b) by opposing the initiative with a fully formulated counter-proposal;
c) or by deciding not to proceed with the initiative.
2 The texts of the initiative and the counter-proposal are adopted according to the ordinary legislative procedure applicable to such norms.
1 The initiative is submitted to a popular vote when Parliament does not fulfill it, specifically
a) when it decides to oppose it with a counter-proposal (Art. 90a, para. 1, letter b, and 90b, para. 1, letter b);
b) when it decides not to proceed with an initiative (Art. 90a, para. 1, letter c, and 90b, para. 1, letter c);
c) when it does not address the initiative within two years following the day it declared it valid.
2 The withdrawal of the initiative pursuant to Article 91 is reserved.
1 The Parliament must address the initiative (Art. 90a, para. 1, and 90b, para. 1) within two years from the day it was declared valid. A mere choice by the Parliament in favor of one of the options listed in Articles 90a, paragraph 1, and 90b, paragraph 1, is not sufficient.
2 After this period, the Parliament can no longer address the subject of the initiative until the result of the popular vote is known.
1 If the people accept the initiative drafted in general terms or, as the case may be, the counter-proposal, Parliament must legislate within two years following the popular vote.
2 The constitutional or legal norms resulting from an initiative drafted in general terms or from a counter-proposal are adopted according to the ordinary legislative procedure applicable to such norms.
If the people accept the fully drafted initiative or, where applicable, the counter-proposal, the Government shall, if necessary, set its entry into force no later than within the year following its acceptance.
1 An initiative may be withdrawn as long as Parliament has not addressed it.
2 Furthermore, it can only be withdrawn within thirty days following
a) the adoption by Parliament of a counter-proposal to the initiative;
b) the decision by Parliament not to proceed with the initiative;
c) the expiration of the two-year period following the day the initiative was declared valid by Parliament, if it has not been addressed within that period.
3 The withdrawal is decided by the initiative committee, which resolves by a majority of its members.
An explanatory message from the Government is sent to the voters; it objectively reflects the arguments for and against the proposed measure submitted for voting.
**1 When an initiative and a counterproposal are presented together for a popular vote, the voter can vote for both.**
2 The majority is calculated based on all the voters. If both proposals are accepted, the one that has obtained the most votes is adopted.
3 In the event of a tie, the proposal that has received the least number of negative votes is accepted.
When the referendum is optional, it must be requested within sixty days following the publication, in the Official Journal, of the act that can be contested.
1 When a referendum request is presented for signature, the signature list (sheet, page, card) must contain the following information
a) the political municipality where the signatory is registered;
b) the designation of the contested act, with the title and the date of adoption by the Parliament.
2 The authors of the referendum submit lists to the municipal secretariats.
1 Provisions Related to Popular Initiative Concerning Signature, Certification, Causes of Nullity, and Content of the Message Apply to the Referendum Request
2 The referendum request cannot be withdrawn.
The request for a referendum is submitted to the Government, which verifies whether it is made in a timely manner and if it is valid in form.
The Government organizes the popular vote when the referendum is mandatory, or when it has been validly requested, or when the Parliament has decided.
The act submitted to a popular vote is accepted if the majority of voters approve it. Blank or void ballots are not counted.
1 In cases where municipalities submit an initiative, the decision in each municipality is made, unless otherwise provided by municipal regulations, by the municipal assembly or by the general council.
2 In the event of a referendum request, the decision of the municipality is made by the municipal assembly or by the general council.
1 Withdrawal of the Initiative
The withdrawal of the initiative may be decided by the majority of the municipalities that submitted it. The decision is made, in each municipality, unless otherwise provided by municipal regulations, by the municipal assembly or by the general council.
2 The prescribed deadline for the withdrawal of a popular initiative also applies to the withdrawal of a municipal initiative.
One-tenth of the voters of the municipality or a smaller fraction set in the municipal regulations may request the adoption, modification, or repeal of a municipal regulation.
1 In municipalities that do not have a general council, the municipal council, after determining that the initiative is valid in form, submits it to the next municipal assembly.
2 The initiative must contain a drafted text. The municipal assembly also deliberates on any potential counterproposals.
1 In municipalities that have a general council, the provisions on cantonal popular initiatives apply analogously to the collection of signatures. The initiative committee must include at least five members. The municipal council verifies whether the initiative is valid in form and provides its opinion on the substance; the general council verifies its validity regarding the substance.
2 The initiative may contain a formulated text. In this case, the general council must, within one year, either approve it without modification or submit it to a popular vote while presenting, if deemed appropriate, a counter-proposal. The voter can then vote for both the original initiative and the counter-proposal.
3 If the initiative contains only a general proposal, the provisions on cantonal popular initiatives apply analogously. The general council has one year to make a determination and, in the event that the voters accept the initiative or a counter-proposal, one year to implement it.
1 In municipalities that have a general council, its decisions are submitted to a popular vote if one-tenth of the municipal voters or a smaller fraction set in the municipal regulations request it.
2 However, the following decisions of the general council are not submitted to a popular vote
a) those that are strictly personal;
b) those concerning the submission or withdrawal of a cantonal initiative or a request for a cantonal referendum (Art. 100 and 101).
1 The request must be made within thirty days following the publication of the contested decision.
2 The request for a referendum is submitted to the municipal council.
The provisions relating to the cantonal referendum apply by analogy.
1 Decisions and other acts relating to the following may be brought before the Constitutional Court
a) the registration of voters;
b) the election of members of Parliament and their substitutes, members of the Government, and deputies in the Council of States;
c) popular initiatives and municipal initiatives on cantonal matters, as well as popular initiatives on municipal matters;
d) referendums (popular votes) and requests for referendums on cantonal matters, as well as requests for referendums on municipal matters.
2 The right to appeal belongs to every voter. In municipal matters, it belongs to every voter of the municipality.
3 The appeal must be filed within ten days following the discovery of the reason for the appeal; if it is directed against the election itself, it can still be filed within three days following the publication of the election results in the Official Journal, even if the aforementioned ten-day period has elapsed.
May be brought before the administrative judge the decisions relating to
a) the election of general councilors, municipal councilors, mayors, presidents of assemblies, as well as any other municipal election through popular vote;
b) referendums (popular votes) in municipal matters.
1 In the cases referred to in Article 110, the right of appeal belongs to every voter in the municipality; Article 58, paragraph 1, of the Municipal Law remains reserved.
2 Article 108, paragraph 3, is applicable to the appeal deadline.
1 Decisions of the administrative judge concerning elections or popular votes (referendums) can be brought before the Constitutional Court within ten days following the contested decision.
2 The right to appeal belongs to the individuals and authorities who participated in the proceedings before the administrative judge. When the administrative judge admits the appeal, any voter in the municipality who had the right to vote at the time of the election also has the right to appeal to the Constitutional Court.
1 Articles 279 to 283 of the Swiss Penal Code are applicable.
2 The Government may impose a disciplinary fine of up to 500 francs on a municipal authority or the members of an electoral office in case of violation of the legal provisions governing the exercise of political rights.
3 The municipal council may impose a fine of 20 to 200 francs on members of the electoral office who completely or partially fail to attend the operations of a vote or an election without sufficient excuse; moreover, the provisions of the decree concerning the repressive power of the communes are applicable.
1 The constitutional provisions come into force upon their acceptance by the people.
2 However, the decree submitted to a popular vote may grant the Government the authority to determine a later date for the entry into force.
By way of derogation from the provisions of this law
1. The Constituent Assembly shall adopt, by decree, the necessary provisions for the organization of elections for the first authorities and the popular vote on the legislative act, as well as the dates and deadlines related to these ballots;
2. For elections organized according to the system of proportional representation, the submitted lists must bear the handwritten signature of the candidates. Withdrawal of candidacies is excluded;
3. The Constituent Assembly may, by decree, reduce the number of voters required to affix their signatures on candidate lists and nomination papers;
4. During runoff ballots, voters will only receive an official blank ballot. Official printed ballots bearing the name(s) of the candidate(s) will be provided in due time to voters at communal secretariats and polling stations. The Constituent Assembly will decree the necessary implementing provisions;
5. In the first Parliament, the district of Delémont shall have twenty-seven seats, that of Porrentruy twenty-three seats, and that of Franches-Montagnes ten seats;
6. The Constituent Assembly appoints a commission of nine members and five substitutes to adjudicate electoral disputes. The appeal period is set by decree. The commission shall decide without delay. It certifies the election results of the Parliament, the Government, and the deputies to the Council of States. Its decisions are final;
7. The renewal of the deputation to the Council of States will take place in October 1979. That of the cantonal authorities and district judges will take place in October 1982;
8. Article 2, paragraphs 3 and 4, Article 3, and Article 6, paragraphs 2 and 3, shall be applicable only one year after the entry into force of this law.
1 Municipal regulations shall be adapted to the provisions of the amendment of July 5, 1984, by December 31, 1985.
2 During the 1984 municipal elections under the proportional system, the elimination of the accumulation of mandates shall only be possible pursuant to municipal regulations adopted in accordance with paragraph 1 above, as soon as the amendment of July 5, 1984, comes into force.
This law shall be submitted to a popular vote.
1. If the people approve the present law, the Bureau of the Constituent Assembly shall determine its effective date.