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2.2221 GBB CH-UR

Act on the Appointment of Authorities (GBB) - Purpose (GBB)

15 Articles / Provisions · Switzerland · Canton of Uri
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Table of Provisions (15)

Statutory Text (15 Articles)

Purpose; Scope

1. This Act aims to ensure the staffing of authorities when this goal cannot be achieved through the ordinary election procedure.

Purpose; Scope

1. This law applies

a) to the district administrator and all authorities of the canton that the people are to elect

b) to all authorities that the municipal assembly is to elect

c) to all authorities that the people's assembly of the corporations is to elect

d) to all authorities that the people of the national churches are to elect

Duty to Assume Office

1. Any person eligible to vote is obliged to assume a position under Article 2, provided it is not a full-time position.

Duty to Assume an Office

1. Anyone obligated to assume an office is required to hold it for two full terms.

2. Anyone who has voluntarily assumed an office must hold it for the relevant term of office.

3. Assuming office during a term will be counted as a full term.

Duty to Assume an Office

**1. If the election to an authority causes incompatibilities according to Article 76 of the Constitution of the Canton of Uri or creates grounds for exclusion due to kinship according to Article 77 of the Constitution of the Canton of Uri, the obligation to assume an office is waived.**

Duty to Assume an Office

1. Exemption from the Duty to Assume Office

a) anyone over the age of 65

b) anyone already holding an office subject to the duty of assumption

c) anyone who has already served on the body to which they were elected for two terms

d) anyone who has, in total, served in a body within the meaning of this law for three terms

e) anyone for whom it is unreasonable to exercise the office for other significant reasons

Duty to Assume Office

1. The grounds for exclusion and rejection shall apply mutatis mutandis if the elected person wishes to resign from office prematurely.

Duty to Assume Office

1. Any individual who relocates outside of the canton, the respective municipality, or the relevant corporate area during their term of office is automatically released from the obligation to continue performing their duties.

**Procedure**

1. Whoever asserts grounds for exclusion or rejection must declare this in writing to the competent authority within ten days from the election. The claimed grounds for exclusion and rejection must be substantiated.

2. The competent authority to assess the rejection application is

a) for election to an authority of the canton, the Government Council

b) for election to an authority of the municipal community, the municipal council

c) for election to an authority of the corporation, the inner council, and

d) for election to an authority of the national church, the small national church council or the church council, respectively

3. Until the decision becomes legally binding, the concerned person shall not exercise the questioned office.

**Procedure**

1. Anyone wishing to resign from office prematurely must declare this to the competent authority. Article 9 shall apply mutatis mutandis. However, the office is to be continued until the final legal decision is made.

**Procedure**

1. Decisions of the competent authority are subject to appeal in accordance with the provisions of the Ordinance on Administrative Legal Proceedings (RB [2.2345](https://rechtsbuch.ur.ch/data/2.2345/de)).

2. The decision of the Government Council can be contested by an administrative court appeal to the Supreme Court.

3. Municipalities, corporations, and national churches are entitled to lodge an administrative court appeal insofar as it concerns municipal, corporate, or national church offices.

Penalty Provision

1. Anyone who unjustly refuses to perform a duty under this law shall be punished with a fine of up to 5,000 Swiss francs.

2. The executive council, the concerned municipality, corporation, or national church must report the unjustified refusal to perform a duty to the public prosecutor's office. This office shall decide in the penal order procedure according to the provisions of the Swiss Code of Criminal Procedure (SR 312.0).

Final Provisions

1. The Law of May 4, 1890, concerning Mandatory Public Office is repealed.

Final Provisions

1. This law enters into force upon its adoption in the referendum.

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