Act on Referendums and Initiatives (RIG) - Scope (RIG)

1. This law regulates referendum and initiative

a) in cantonal matters;

b) in federal matters, insofar as federal law reserves cantonal law.[6]

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3. ...

1. The Cantonal Council typically includes an explanatory report with constitutional proposals, laws, Cantonal Council resolutions, and opinions on initiative requests for public voting. In doing so, it observes the principles of completeness, objectivity, transparency, and proportionality.

2. The explanatory report contains

a) a summary of the content of the proposal and its essential consequences;

abis)* an exposition of the main positions represented in the parliamentary decision-making process;

b)* a voting recommendation of the Cantonal Council;

c)* a brief and objective statement on the initiative or referendum request according to Art. 1ter of this law;

1.* ...

2.* ...

d)* a summary of the explanatory report in plain language.

3. The Cantonal Council may delegate the issuance of the explanatory report to the presidency or a commission from among its members.

4. The State Chancellery may additionally publish the contents of the explanatory report in another suitable form.

1. The initiative or referendum committee may draft a brief and objective statement for the explanatory report. In the absence of a referendum committee, the individuals who submit the referendum request shall assume its role.

2. The State Chancellery shall set a non-extendable deadline for the initiative or referendum committee to submit the statement. Should the deadline elapse unused, the justification contained on the signature lists will be taken into account in the explanatory report. If this is absent, no statement from the committee will be included.

3. The authority responsible for issuing the explanatory report may establish rules regarding the length of the statement and may modify, reject, or supplement defamatory, inaccurate, or excessively long statements with its own statement. If the responsible authority does not adopt the statement or only partially adopts it, it must notify the initiative or referendum committee of this decision in writing, providing the reasons.

1. The time limits are subject, mutatis mutandis, to Articles 142 and 143 of the Swiss Civil Procedure Code of December 19, 2008.

1. No fees shall be charged for official acts carried out pursuant to this law.

1. The State Chancellery enforces this law, insofar as the canton is competent and this law does not provide otherwise.

1. Subject to the Mandatory Constitutional Referendum are

a) the decision of the Cantonal Council for a comprehensive revision of the Cantonal Constitution;

b) the Cantonal Constitution and its amendments;

c) decisions of the Cantonal Council on the approval of international agreements with constitutional status.

1. The optional legislative referendum applies to the laws and the decisions of the Cantonal Council concerning the approval of interstate agreements with the status of a law.

1. Mandatory Financial Referendum: Subject to the mandatory financial referendum are the laws and resolutions of the Cantonal Council that result in a one-time new expenditure of more than CHF 15,000,000.- or a new annual expenditure of more than CHF 1,500,000.- recurring for at least ten years, at the expense of the state for the same matter.

1. **Optional Financial Referendum**

Subject to the optional financial referendum are the resolutions of the Cantonal Council that result in a new one-time expenditure by the state for the same purpose between CHF 3,000,000.- and CHF 15,000,000.-, or a new recurring annual expenditure between CHF 300,000.- and CHF 1,500,000.- for at least ten years.

2. Additionally, amendments to Cantonal Council resolutions that were subject to the financial referendum are subject to the optional financial referendum. However, if the amendment results in an expenditure as defined in Article 6 of this Act, the new resolution is subject to the mandatory financial referendum.

1. The Optional Financial Referendum applies to the resolutions of the Cantonal Council concerning

a) Projects for the construction of cantonal roads, which result in a one-time new expenditure for the canton exceeding CHF 6,000,000;

b) A one-time new expenditure for a contribution under the law on public transportation that burdens the canton and political municipalities together with more than CHF 6,000,000;

c) ...

2. The Optional Financial Referendum also applies to amendments of Cantonal Council resolutions that were subject to the Optional Financial Referendum.

1. The following are also considered expenditures

a) Indemnities and guarantees;

b) Loans and investments, if they do not conform to generally accepted commercial principles regarding security and yield.

1. The following are exempt from a financial referendum

a) enactments concerning the salaries of state personnel;

b) enactments concerning state contributions to teachers' salaries;

c) amendments to cantonal council resolutions, if the cantonal council was expressly authorized to do so in the original resolution.

1. The submission to the referendum must be recorded in the decree.

1. The government orders the referendum to be held on the next possible voting date after

a) the adoption of laws or resolutions by the Cantonal Council, which are subject to the mandatory referendum;

b) the publication in the Official Gazette of the achievement of referendum requests pursuant to Art. 27 of this law.

2. It may order the referendum to be held on the second next possible voting date in individual cases in agreement with the presidency of the Cantonal Council.

1. The mandatory referendum on constitutional proposals is governed by Articles 48, 114, and 116 of the Cantonal Constitution of June 10, 2001.

1. One third of all members of the Cantonal Council may request that a resolution subject to an optional referendum be submitted to a popular vote.

1. The motion to submit the decree to the people must be made immediately after the final vote in the Cantonal Council. It must not contain any conditions. The motion will be discussed and voted on immediately.

1. Four thousand eligible voters in cantonal matters can demand that a decree subject to the optional referendum be submitted to a popular vote.

1. The parliamentary services shall typically publish the enactment as a referendum proposal in the cantonal official gazette within 14 days after adoption by the cantonal council, unless a referendum has already been initiated from within the cantonal council.

1. The referendum must be requested within the referendum period.

2. The period begins the day after the referendum proposal is published and lasts forty days.

3. The day on which the referendum period expires must be highlighted in the publication.

1. The referendum request must be clearly formulated and may not contain any conditions.

2. It can only pertain to a single enactment subject to the referendum and may not be combined with an initiative request.

3. If the request does not meet these requirements, it shall not be deemed to have been made.

**1. The Referendum Petition must be presented on signature lists containing the following information:**

a) the name of the political municipality in which the signatories are eligible to vote;

b) the request for a popular vote; the enactment against which the petition is directed must be named with the title and the date of the final vote in the Cantonal Council;

c) a note indicating that it constitutes a criminal offense to falsify the result of a signature collection for a referendum (Article 282 of the Penal Code) or to bribe or be bribed during the collection of signatures (Article 281 of the Penal Code);

d) any possible justification.

**1. The voters who submit a referendum request must personally, manually, and legibly enter their names and first names on the signature list and additionally append their own signature.**

2. The signer must provide all necessary information to allow identification of who has signed, such as date of birth and address.

3. No repetition marks are allowed for names and first names.

4. Voters who are unable to write may enlist the assistance of an eligible voter of their choice to sign a popular initiative. The personal details of the non-writing person must be fully entered into the signature list. Instead of the voter's signature, the assisting person must print their own name in block letters and include the notation "on behalf" as well as their own signature.

1. No referendum petition may be signed before the commencement of the referendum period.

2. The eligible voters may sign the same referendum petition only once.

3. They may only sign signature lists that bear the name of their municipality.

1. The signature lists must be continually submitted to the voter registration officer of the political municipality designated on the signature list during the referendum period.

2. The voter registration officer certifies on the signature list the voting rights of the signatories who are registered in the electoral roll on the day the signature list is submitted for certification and returns the signature lists as quickly as possible.

3. The voting rights certification must indicate the number of signatories whose voting rights are certified, display the date and the personal signature of the voter registration officer, and specify the official capacity of the officer.

1. The right to vote may only be certified if the signature list and the signatures meet the requirements of Articles 20 to 22 of this law.

2. The electoral register officer must state the reasons for the denial of voting certifications in brief on the signature list.

3. If voting certifications have been denied, the electoral register officer must indicate this upon return.

1. The signature lists for the referendum request must be submitted to the State Chancellery within the referendum deadline.

2. The State Chancellery records the time of submission and the names of the individuals who submit the signature lists. It confirms the submission of the request in writing.

3. A submitted referendum request cannot be withdrawn.

1. The State Chancellery reviews the voting right certificates on the submitted signature lists by means of random sampling.

1a. The State Chancellery rectifies defects related to the voting right certificate that cannot be attributed to the signatories.

2. The defects can also be rectified after the expiration of the referendum period.

1. Upon expiration of the referendum period, the State Chancellery determines whether the referendum petition has been successful.

2. The following are deemed invalid

a) the signatures of signatories whose voting rights have not been certified or have been incorrectly certified;

b) the signatures on signature lists that have been submitted after the expiration of the referendum period.

3. The State Chancellery publishes the results of the examination and the number of valid signatures, broken down by political municipalities and electoral districts, in the cantonal official gazette within one month of submission.

**1. The signature may, by way of derogation from [Art. 20](https://www.gesetzessammlung.sg.ch/data/125.1/de/art20) et seq. of this Act, be submitted electronically via a platform provided by the canton (E-Collecting Platform) if:**

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| a) | the technical and organizational requirements for proper execution are met; | | |

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| b) | all effective and appropriate measures are taken to ensure the verification of voting eligibility, voting secrecy, and the correct allocation of all signatures, and to eliminate the risk of targeted or systematic misuse; | | |

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| c) | the government approves the use of the E-Collecting Platform. It may revoke the approval in justified cases. | | |

**2. The Cantonal Council may suspend the electronic submission of signatures.**

**3. There is no entitlement to electronically sign a referendum request.**

**4. Anyone who electronically signs a referendum request must not also sign or have signed the same request by hand.**

**5. The proportion of electronically submitted signatures is limited to half of the number of valid signatures required for the referendum request to succeed. The government may increase the maximum proportion of electronically submitted signatures to up to 75 percent by regulation.**

**6. The government regulates the procedure for simultaneous collection of handwritten and electronic signatures (mixed signature collection) by regulation. The procedure is oriented towards the procedure for the collection of handwritten signatures according to [Art. 20](https://www.gesetzessammlung.sg.ch/data/125.1/de/art20) et seq. of this Act.**

1. Anyone using the e-collecting platform must first authenticate electronically in accordance with Article 6a of the E-Government Act of November 20, 2018. This applies to individuals who

a) set up a signature collection;

b) provide their signature electronically.

1. Within one month after the legal validity of the decision concerning the success of the referendum request

a)* the State Chancellery deletes control marks that have been placed on the e-collecting platform;

b)* the State Chancellery destroys the signature lists.

1. Decrees that were subject to a referendum become legally valid on the day of acceptance by the people or on the day after the unused expiration of the referendum period.

2. The issuance of a federal approval required for the legal validity of the decree remains reserved. This approval must be obtained by the government.

3. The decree bears the date of the day on which it became legally valid under cantonal law.

1. The government determines whether the enactment has become legally valid under cantonal and, where applicable, federal law.

2. It publishes this determination in the cantonal official gazette.

1. The initiative petition must be clearly formulated and may not contain any conditions.

2. It may concern only a single decree, the provisions of which must be intrinsically related.

3. Neither multiple drafts nor initiative petitions and referendum petitions may be combined.

1. The initiative committee consists of at least fifteen members eligible to vote in cantonal matters.

2. It prepares a list of members with the name, address, and handwritten signature of the members of the initiative committee.

3. It designates a representative and a deputy for communication with the authorities. If this designation is missing, the following applies

a) The first signatory is considered the representative;

b) The second signatory is considered the deputy.

1. The initiative committee shall submit the wording of the initiative request, including any possible justification and the list of members, to the government in writing.

2. The government shall decide on the admissibility of the initiative request within three months. It may make this subject to conditions.

3. The initiative request is admissible if

a) it is lawful;

b) the requirements under Articles 34 and 35 of this law are fulfilled.

1. The initiating committee shall register the admissible initiative proposal in writing with the State Chancellery.

2. The registration shall be made within one month of the finality of the decision on admissibility.

1. The State Chancellery generally publishes the text of the initiative request, including the authorization for withdrawal, in the cantonal official gazette within 14 days after registration. It specifies the day on which the deadline for submission expires.

2. The publication does not occur if

a) there is a deviation from the approved text. Exceptions are any changes resulting from the decision on admissibility;

b) the conditions set in the decision on admissibility are not fulfilled.

1. The initiative petition must be submitted on signature sheets containing the following information

a) the name of the political municipality where the signatories are entitled to vote;

b) the wording of the petition;

c) names and addresses of the members of the initiative committee;

d) a note stating that the initiative committee is authorized to withdraw the initiative petition unconditionally and entirely by a simple majority of its members who are eligible to vote on cantonal matters at the time of withdrawal;

e) a note indicating that anyone who falsifies the result of a signature collection for an initiative petition (Art. 282 of the Criminal Code) or who engages in bribery or is bribed during the signature collection (Art. 281 of the Criminal Code) is liable to prosecution;

f) an optional justification.

1. The collection of signatures is governed by Articles 21 and 22 of this law.

2. The initiative committee ensures that the signature lists are continuously submitted to the registrar of voters of the political municipality listed on the signature list before submitting the initiative request.

3. The registrar of voters issues the voting rights certification in accordance with the proper application of Articles 23 and 24 of this law. They shall refuse it if the signature list presents the initiative request in a manner that differs from the wording published in the cantonal gazette or if the withdrawal authorization is missing or incomplete.

4. Articles 27a and 27b of this law concerning electronic signing are applied accordingly.

1. The initiative committee submits the initiative request within five months of its publication by the State Chancellery.

2. The State Chancellery notes the time of submission and the names of the persons who delivered the signature lists. It provides written confirmation of the submission of the initiative request.

1. The State Chancellery shall decide on the validity of the initiative request within one month of its submission.

2. The initiative request is deemed valid if it is submitted within the deadline with the required number of valid signatures. The provisions of Articles 26, 27, 27a, and 27b of this law are applied accordingly.

1. The government shall submit a report and proposal to the Cantonal Council regarding the content of the initiative request within four months from the legal validity of the resolution concerning its achievement.

1. The Cantonal Council shall decide within six months after referral by the government whether to approve the request, reject it, or refrain from making a statement.

2. If the Cantonal Council decides not to make a statement on an initiative request, the government shall schedule the popular vote for the next possible voting date.

3. The government shall also schedule the popular vote for the next possible voting date if the Cantonal Council has not made a decision regarding its position on the request within six months of referral by the government.

4. The government, in agreement with the presidency of the Cantonal Council, may schedule the popular vote referred to in paragraphs 2 and 3 of this provision for the second next possible voting date on a case-by-case basis.

1. Within one month after the decision of the Cantonal Council regarding its position on the initiative request

a) the State Chancellery shall delete the control marks affixed on the E-Collecting platform;

b) the State Chancellery shall destroy the signature lists.

2. ...

1. If the Cantonal Council approves an initiative request, the enactment is subject to the legislative referendum or the mandatory financial referendum.

1. If the Cantonal Council rejects a petition for an initiative, it must simultaneously decide whether to present a counter-proposal to the people.

2. If the Cantonal Council rejects the petition for an initiative without a counter-proposal, the government must arrange a popular vote at the next possible voting date.

3. The government must also arrange a popular vote on the petition for an initiative at the next possible voting date if the Cantonal Council has not developed an intended counter-proposal within one year after its statement. The Cantonal Council may extend the one-year period for deciding on the counter-proposal by a maximum of one year if it proves impossible to formulate the counter-proposal within the deadline.

4. The government may, in individual cases and in agreement with the presidency of the Cantonal Council, organize the popular vote pursuant to paragraphs 2 and 3 of this provision for the next-but-one possible voting date.

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2. The Cantonal Council resolves the counter-proposal in the form of a drafted outline.

3. The counter-proposal must relate to the subject matter of the initiative request. It may, while maintaining the fundamental concept of the request, provide an independent solution.

**1. If the Cantonal Council has proposed a counterproposal, the eligible voters shall answer:**

a) with Yes or No to the question of whether they prefer the initiative proposal over the existing law;

b) with Yes or No to the question of whether they prefer the counterproposal over the existing law;

c) by ticking the tie-breaking question, whether they prefer the initiative proposal or the counterproposal, if both proposals receive a majority of Yes votes.

**2. The State Chancellery shall indicate on the ballots how to vote validly.**

1. The absolute majority is determined separately for each question. Unanswered questions are not considered.

2. If both questions receive a majority of Yes votes, the result of the tie-breaking question is decisive. If the initiative proposal and the counter-proposal receive an equal number of votes in this tie-breaking question, the proposal considered to have precedence is the one that

a) has more Yes votes;

b) has fewer No votes if both proposals receive an equal number of Yes votes.

3. The proposal is considered rejected if the number of Yes and No votes are also equal.

1. If the Cantonal Council agrees to a unified initiative, it shall adopt a decree corresponding to the request within one year of the decision.

2. The Cantonal Council may reasonably extend this deadline if it proves impossible to finalize the proposal within a year.

3. If the Cantonal Council rejects the decree in the final vote, the government shall schedule a popular vote on the draft that formed the basis of the final vote for the next possible voting date. It may schedule the popular vote for the subsequent possible voting date in individual cases, in agreement with the presidency of the Cantonal Council.

1. The Cantonal Council may resolve the counter-proposal in the form of a general suggestion or a drafted proposal.

2. If the Cantonal Council does not resolve the counter-proposal within one year, the government shall schedule the popular vote on the single initiative for the next possible voting date.

3. The Cantonal Council may extend the one-year period for resolving the counter-proposal by a maximum of one year if it proves impossible to resolve the counter-proposal within the deadline. The government may, in individual cases and in agreement with the presidency of the Cantonal Council, schedule the popular vote for the subsequent possible voting date.

1. If the Cantonal Council rejects the single initiative without a counterproposal, the government shall schedule the popular vote for the next possible voting date. In individual cases, it may, with the consent of the presidium of the Cantonal Council, schedule the popular vote for the second next possible voting date.

1. The provisions regarding the legislative initiative are applied accordingly.

1. If the people approve a unitary initiative or a counterproposal in the form of a general suggestion, the Cantonal Council shall enact legislation corresponding to the request within one year after the popular vote.

2. The Cantonal Council may appropriately extend this deadline if it proves impossible to definitively address the proposal within one year.

3. If the Cantonal Council rejects the legislation in the final vote, the government shall schedule a popular vote on the draft, which was the basis for the final vote, for the next possible voting date. The government may, in agreement with the presidency of the Cantonal Council, schedule the popular vote for the following possible voting date in individual cases.

1. If the Cantonal Council rejects a single initiative, it simultaneously decides whether to submit a counter-proposal to the people.

1. If more than one initiative petition concerning the same subject has been submitted to the Cantonal Council by the time of the final vote, the Cantonal Council may decide on the petitions jointly, while observing the deadlines applicable to the initially submitted initiative petition.

2. If the public is to decide on more than two proposals, the Cantonal Council may order that the petitions and any possible counterproposal be voted on separately in the order of submission of the initiative petitions.

3. If several petitions, possibly including a counterproposal, are put to a vote simultaneously, the questions are to be formulated in accordance with Articles 50 and 51 of this law.

1. The initiative petition may be withdrawn by a concurrent written declaration of the majority of the members of the initiative committee who are eligible to vote on cantonal matters.

2. A partial or conditional withdrawal or amendment to the wording of the petition is not permissible.

3. The submitted signature lists will not be returned.

1. A popular initiative may be withdrawn no later than seven days after the decision of the Cantonal Council regarding its stance on the initiative if the Cantonal Council does not resolve to draft a counterproposal.

2. If the counterproposal is drafted, withdrawal is permissible no later than seven days after the final vote on the counterproposal.

3. If the Cantonal Council fails to make a decision, withdrawal is permissible until the expiration of the period set for the Cantonal Council to address the initiative.

1. The declaration of the withdrawal of an initiative petition must be submitted in writing to the State Chancellery. The State Chancellery determines whether the initiative petition has been validly withdrawn.

1. Upon the withdrawal of the petition, the Cantonal Council shall continue the deliberation on the counter-proposal in the ordinary legislative procedure, unless it decides to discontinue the process.

2. Laws and resolutions already adopted by the Cantonal Council, which are still subject to a referendum, shall be treated as if they had been enacted without regard to an initiative petition.

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2. To the extent that the cantonal constitution does not make any provisions, the following shall be appropriately applied

a) for initiative requests in the form of a general suggestion, the regulations of this decree concerning the unified initiative;

b) for initiative requests in the form of a drafted proposal, the regulations of this decree concerning the legislative initiative.

1. The voter register administrator of the political municipality is the competent cantonal authority for issuing certificates of voting rights in accordance with Articles 62 and 65 of the Federal Act on Political Rights.

1. If new federal regulations concerning referendums and initiatives on federal matters require cantonal implementing provisions, and this law and other cantonal laws do not provide a regulation, the government shall issue the necessary provisions if the statutory provisions cannot be supplemented in a timely manner.

2. In this case, the government must promptly submit a proposal to the Cantonal Council to amend this law.

1. Repealed are

a) the Act concerning the Procedure for the Exercise of the Cantonal Referendum and Initiative dated January 9, 1893;

b) [28]

c) [29]

1. This law shall be applied from January 1, 1968.