Legislator Case Law & Legislation
141.1 CH-ZG

Cantonal Council Resolution on the Rules of Procedure of the Cantonal Council (GO KR) - Convening

91 Articles / Provisions · Switzerland · Canton of Zug
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Table of Provisions (91)

§ 1 GO KR - Convening § 2 GO KR - Provisional Office § 3 GO KR - Determination of the Validity of the Cantonal Council and Government Council Elections § 4 Rules of Procedure of the KR § 5 GO KR - Taking of the Oath or the Affirmation § 6 GO KR § 7 GO KR - Composition and Responsibilities of the Office § 8 GO KR - Duties of the President § 9 GO KR - Representation of the President § 10 GO KR - Duties of the Vote Counters; Electronic Voting § 11 GO KR - Legal Status and Duties of the State Secretary § 12 GO KR - Duties of the Minute Taker § 13 GO KR - Statement for the Record § 14 GO KR - Approval of the Minutes; Rectification Procedure § 15 GO KR - Registers and Handling of Particularly Sensitive Data § 16 GO KR - Standing Commissions § 17 GO KR § 18 GO KR - State Economic Commission § 19 GO KR - Judicial Examination Commission § 20 GO KR § 21 GO KR - Concordat Commission § 22 KR GO - Ad Hoc Committees § 23 GO KR - Parliamentary Inquiry Commissions § 24 GO KR - Election of the Commissions § 25 GO KR § 26 GO KR - Rules of Debate for Commissions; Circular Resolutions and Disclosure of Conflicts of Interest § 27 GO KR - Commission Confidentiality § 28 GO KR § 29 GO KR - Right of Committees to Inspect Files and Obtain Information; Official Secrecy § 30 GO KR - Engagement of External Experts by Committees § 31 GO KR - Commission Reports § 32 GO KR § 33 GO KR - Convocation of the Cantonal Council § 34 GO KR - Participation of Members of the Cantonal Council § 35 GO KR - Participation of the Government Council § 36 GO KR - Participation of Courts § 37 GO KR - Publicity of Meetings § 38 GO KR - Visitors § 39 GO KR - Accredited Media § 40 GO KR - Submission of Business § 41 Regional Council Constitution § 42 GO RC § 43 GO KR - Subject of Motions and Postulates § 44 GO KR - Preliminary Examination of Motions and Postulates by the State Chancellery § 45 GO KR - Procedure for Motions and Proposals § 46 GO KR - Conversion of a Motion into a Postulate and Vice Versa § 47 GO KR § 48 GO KR - Resolution of Declared Significant Motions and Postulates § 49 GO KR - Single-Stage Processing and Resolution of Motions and Proposals § 50 GO KR - Interpellations § 51 GO KR - Procedure for Interpellations § 52 GO KR - Amendment and Withdrawal of Motions, Postulates, and Interpellations § 53 GO KR - Minor Inquiries § 54 GO KR - Petitions and Supervisory Complaints § 55 GO KR - Subject Matter and Jurisdiction in Supervisory Complaints § 56 GO KR - Agenda § 57 GO KR - Commencement; Withdrawal of the Proposal Prior to Commencement § 58 GO KR § 59 GO KR § 60 GO KR § 61 GO KR - Order of Speakers § 62 Rules of Procedure for Municipal Councils § 63 GO KR - Disclosure of Conflicts of Interest § 64 GO KR - Withdrawal § 65 GO KR - Motion for Order § 66 GO KR - Participation of the President in the Deliberation § 67 GO KR - Call to Order and Withdrawal of Speaking Rights § 68 GO KR - Motions Concerning the Subject of Deliberation § 69 GO KR - Exclusion of Motions Without Direct Relevance to the Subject Matter of Deliberation § 70 Municipal Code KR § 71 GO KR - Motion for Reconsideration § 72 GO KR - Second Readings § 73 GO KR § 74 Municipal Code (KR) § 75 GO KR § 76 GO KR - Order of Motions § 77 GO KR - Contingent Motions § 78 GO KR - Division of the Voting Question § 79 GO KR - Calculation of the Majority § 80 GO KR - Voting § 81 GO KR § 82 GO KR - Voting by the President § 83 GO KR - Procedure for Pardons § 84 GO KR § 85 GO KR - Secret Elections; Absolute Majority § 86 GO KR - Invalid Votes § 87 GO KR - Multiple Ballots § 88 GO KR - Rejection of the Election § 89 GO KR - Confirmation of Election by Another Authority § 90 GO KR - Destruction of Ballots § 91 GO KR - Contestation

Statutory Text (91 Articles)

Constitution of the Cantonal Council

1. The newly elected Cantonal Parliament is convened in December after the election for the constitutive session by the outgoing President.

2. The State Chancellery provides the Cantonal Parliament, the Government Council, the Superior Court, and the Administrative Court (hereinafter "Courts, Court") with a list of all parliamentary matters pending on the day of constitution.

3. The outgoing Cantonal Parliament remains in office until the new one is constituted.

Constitution of the Cantonal Council

1. The newly elected Cantonal Council is chaired by the member with the longest tenure until its establishment, if there are several members with the same length of service, by the oldest member among them (Senior President). This member appoints two provisional vote counters. The three council members belong to different factions.

2. The Senior President, the two provisional vote counters, and the official clerk form the provisional office until the establishment.

Constitution of the Cantonal Council

1. Under the leadership of the senior president, the newly elected Cantonal Council, upon the proposal of the Government Council, determines the validity of the Cantonal Council and Government Council elections and decides on contested elections.

2. Members of the Cantonal Council whose election is contested initially retain their seat and voting rights. However, they must recuse themselves when the validity of their own election is being examined.

Constitution of the Cantonal Council

1. Upon the determination of the validity of the elections, the Cantonal Council shall constitute itself by electing the President, the Vice-President, and the two vote-counters. The four council members shall belong to different factions.

2. Each faction shall be appropriately considered according to its strength in the election of the presidency and vice-presidency.

3. The Cantonal Council shall elect two deputy vote-counters for a term of two years. They shall belong to the same factions as the two vote-counters. They are not members of the office of the Cantonal Council.

Constitution of the Cantonal Council

1. Upon constitution, the members of the Cantonal Council and the Government Council take the oath in one of the Zug city churches or make the affirmation in the Cantonal Council Chamber.

2. Members of the Cantonal Council who are absent at the time of the oath or affirmation or who join the council later must take the oath or affirmation at the next Cantonal Council meeting.

3. Members of the Cantonal Council and the Government Council may only participate in a meeting of the Cantonal Council or a committee after taking the oath or affirmation.

4. Should a member of the Cantonal Council or the Government Council refuse to take the oath or affirmation, their mandate shall expire immediately.

Constitution of the Cantonal Council

1. The oath formula is: "I swear to faithfully abide by the Constitution and the laws of the Confederation and the Canton, to respect and protect the rights and freedoms of the people, to promote the honor and welfare of the Canton, and to fulfill all official duties in such a manner that I can answer for it before God."

2. The affirmation formula is: "I affirm to faithfully abide by the Constitution and the laws of the Confederation and the Canton, to respect and protect the rights and freedoms of the people, to promote the honor and welfare of the Canton, and to conscientiously fulfill all official duties."

3. The person taking the oath shall stand and say with raised oath-taking fingers: "I swear it." The person making the affirmation shall stand and say: "I affirm it."

4. For special reasons, the oath or affirmation may be administered in a different form.

Organization of the Cantonal Council - Office, Presidency, and Vote Counters

1. The Office of the Cantonal Council serves as its executive management. It consists of the President (Chair), the Vice President, the two Vote Counters, and the Chairs of the Parliamentary Groups. In case of inability to attend, the Chairs of the Parliamentary Groups can be represented by their deputies. The Clerk of the Council participates in the meetings with an advisory vote. He or she has the right to propose motions concerning legal, organizational, and planning matters.

2. The Office

1. establishes the work program of the Cantonal Council after consulting the Government Council and the courts;

2. ensures that matters assigned to the Government Council, the courts, and the committees are addressed without delay;

3. manages the legal, organizational, and planning aspects for the smooth operation of the Council;

4. interprets the rules of procedure in case of ambiguities and can issue recommendations. However, different resolutions of the Cantonal Council shall prevail;

5. determines the details of electronic voting and the publication of voting behavior according to § 10 Paragraphs 2 and 3 of these rules of procedure. Different resolutions of the Cantonal Council shall prevail;

6. approves amounts exceeding 50,000 Swiss francs for expert assignments of the committees in accordance with § 30 Paragraph 1 of these rules of procedure. If not approved, the Cantonal Council decides;

7. sets the principles for the reimbursement of continuing education costs for members of the Cantonal Council in accordance with § 10a of the Subsidiary Office Act of January 27, 1994;

8. initiates further investigations in the event of a serious breach of committee confidentiality according to § 27 Paragraph 4 Sentence 2 of these rules of procedure, if the affected committee no longer exists.

3. Within the scope of its responsibilities, the Office has the right to propose motions to the Cantonal Council and the Government Council.

4. The Office meets with the Government Council and the courts for coordination meetings on common legal, organizational, and planning issues. The Office, Government Council, and courts can appoint delegations for this purpose.

5. §§ 25-31 of these rules of procedure (committees) apply accordingly to the Office.

Organization of the Cantonal Council - Office, Presidency, and Vote Counters

1. The President

1. establishes the meeting dates of the Cantonal Council after consulting with the office, the government council, and the courts (§ 43 para. 1 of the Cantonal Constitution);

2. convenes the Cantonal Council;

3. prepares the agenda after consulting with the government council and the courts;

4. presides over the meetings and ensures compliance with the rules of procedure, subject to differing decisions by the Cantonal Council;

5. ensures the prompt and efficient handling of business;

6. informs the Cantonal Council about submissions to the council no later than the next meeting;

7. signs all public documents of the Cantonal Council with the secretary of the canton;

8. represents the Cantonal Council externally, for which an appropriate budgetary amount is available;

9. oversees the minutes and the registers of the Cantonal Council;

10. ultimately approves contributions to the continuing education costs of council members in accordance with the principles of the office as per § 7 para. 2 no. 7 of these rules of procedure;

11. informs the Cantonal Council of any pending business at the end of the term of office.

2. The President is not a member of a commission according to §§ 16 and 22 of these rules of procedure.

**Organization of the Cantonal Council - Office, Presidium and Vote Counters**

1. The Vice President acts on behalf of the President in the event of their inability to perform their duties.

2. If both the President and the Vice President are unable to fulfill their roles, the most recent former President shall preside over the Cantonal Council. In the event of their inability to do so, the longest-serving member shall lead the Council, and among those with the same length of service, the eldest member shall assume the role.

Organization of the Cantonal Council - Office, Presidency, and Vote Counters

1. The vote counters or their deputies determine the results of votes and elections. They are responsible for operating the electronic voting system in accordance with the regulations specified in paragraph 4.

2. The Cantonal Council votes electronically.

3. The voting behavior of individual council members in electronic votes is published.

4. The office establishes the details concerning paragraphs 2 and 3 in accordance with § 7 paragraph 2 number 5 of these rules of procedure in a regulation.

**Organization of the Cantonal Council - State Chancellery as Staff Office**

1. The Clerk of the Canton Council

1. directs the staff offices of the Canton Council, particularly the parliamentary, protocol, and usher services;

2. advises the members of the Canton Council on all legal, organizational, and planning matters, especially the President and the Executive Committee;

3. publishes a brief record of the resolutions adopted immediately after the Canton Council meeting.

2. The Clerk of the Canton Council is subordinate to the President in parliamentary matters.

3. The Deputy Clerk of the Canton Council has the same rights and duties as the Clerk in situations of representation.

**Organization of the Cantonal Council - State Chancellery as Staff Office**

1. The recorder shall produce a written record, which provides a detailed account of the proceedings of the meeting, the deliberations, and the resolutions of the cantonal council.

2. The state secretary may, if necessary, appoint an external person to take the minutes.

3. The spoken word shall serve as the basis for the minutes. The recorder, in agreement with the state secretary, shall correct obvious errors and misunderstandings. If necessary, he or she shall consult the affected member of the cantonal council, the government council, or the concerned court.

4. The proceedings shall be electronically recorded for the purpose of minute-taking. After the approval of the minutes, the recorded data shall be deleted.

Organization of the Cantonal Parliament - State Chancellery as Staff Office

1. Members of the Cantonal Council, the Government Council, as well as the courts, have the right to submit a brief personal statement for the record.

**Organization of the Cantonal Council - State Chancellery as Staff Office**

1. The Cantonal Council usually approves the minutes at the next meeting.

2. Requests for correction of the minutes must be submitted to the State Chancellery no later than the third day before the meeting, preferably electronically or in writing.

3. The President submits important or disputed correction requests to the Cantonal Council, usually orally, for immediate decision. Reserved is § 12 para. 3 of these rules of procedure in the correction of obvious errors and misunderstandings.

4. The office of the outgoing Cantonal Council approves the last minutes of the term of office.

5. The correction of the minutes may only address formal errors in the recording or the vote, as well as significant or disruptive omissions. A material amendment of a resolution is not permissible.

**Organization of the Cantonal Council - State Chancellery as Staff Office**

1. The Cantonal Secretary shall maintain the following registers

1. Register of the members of the Cantonal Council and its committees;

2. Register of pending matters with their current procedural status.

2. The registers are public. The State Chancellery shall publish them on the Internet.

3. The Executive Council shall include in its annual report a list of pending and completed matters of the Cantonal Council.

4. Particularly sensitive personal data according to data protection legislation may only be sent by post throughout the entire parliamentary operation and may not be published on the Internet, unless they are anonymized in compliance with data protection regulations.

Organization of the Cantonal Council - Commissions

1. The Cantonal Council shall elect the following permanent committees for the entire term of office, which shall consist of 15 members unless otherwise stipulated

1. Committee for State Economy;

2. Judicial Review Committee;

3. Editorial Committee;

4. Concordat Committee;

5. Committee for Construction;

6. Committee for Civil Engineering and Waterways;

7. * Committee for Spatial Planning, Environment, and Transportation;

8. * ...

9. Committee for Health and Social Affairs;

10. Education Committee.

2. Employees of the canton may not be elected to either the Committee for State Economy or the Judicial Review Committee. For the members of the Committee for State Economy and the Judicial Review Committee, the reasons for recusal as per § 64 paragraphs 2 and 3 of these rules of procedure apply.

3. Neither in the narrow nor the extended Judicial Review Committee may registered attorneys-at-law form a majority.

Organization of the Cantonal Council - Commissions

1. Any direct referral of proposals from the Executive Council or the courts to the standing committees must be approved in advance by the conference of faction leaders.

2. The Cantonal Council will be informed of each direct referral at the next session. It has the authority to reverse such referrals.

3. The committee meetings will only take place after the Cantonal Council has been informed, in accordance with paragraph 2.

Organization of the Cantonal Council - Committees

1. The core State Economy Commission consists of 7 members, while the extended State Economy Commission for handling matters according to paragraph 3, numbers 1-4, as well as paragraphs 5 and 8, consists of 15 members.

2. The State Economy Commission exercises supreme oversight over the Executive Council, the administration, and the cantonal institutions. Furthermore, it exercises supreme oversight in financial matters (external conduct of business) over all courts, the Child and Adult Protection Authority, the Data Protection Office, and the Ombudsperson's Office.

3. The State Economy Commission exercises its supreme oversight particularly in the following areas

1. Budgets of the canton and its institutions;

2. Performance mandates;

3. Business reports of the Executive Council, including reporting on the achievement level of performance mandates, as well as the administrative reports of cantonal institutions;

4. Accounts of the canton and its institutions;

5. Requests for supplementary credits;

6. Proposals for laws and cantonal council resolutions that affect revenues or expenditures by more than 100,000 francs one-time or more than 20,000 francs recurrently. To enable the State Economy Commission to fulfill this function, the financial impacts as well as any necessary adjustments to performance mandates are demonstrated in the proposals to the cantonal council.

4. The State Economy Commission gains in-depth insight into the proposals of the Executive Council and the courts (legality, frugality, economic efficiency, effectiveness, plausibility), deliberates on the proposals, and submits reports and proposals to the cantonal council.

5. As part of its oversight, the extended State Economy Commission visits all cantonal offices according to paragraph 2. It decides on the frequency of such visitations. The superior offices are informed in advance. Otherwise, §§ 28-30 of this procedural rule apply as they do to other commissions.

6. The State Economy Commission can propose the enactment of laws and resolutions concerning various branches of the administration.

7. The members of the extended State Economy Commission coordinate their oversight activities before convening for deliberations.

8. The cantonal council can task the extended State Economy Commission with investigations into special incidents concerning the Executive Council, the administration, and the cantonal institutions through a clearly formulated mandate.

Organization of the Cantonal Council - Committees

1. The Narrow Judicial Review Commission consists of 7 members, while the Expanded Judicial Review Commission, for dealing with matters pursuant to paragraphs 4-6, consists of 15 members.

2. The Judicial Review Commission exercises supreme oversight (external course of business) over all courts, all other bodies under the supervision of the Higher Court or Administrative Court, penal institutions, the Data Protection Office, and the Ombudsperson's Office. It examines the accountability reports from the Higher Court and the Administrative Court, as well as the activity reports from the Data Protection Officer and the Ombudsperson.

3. The Judicial Review Commission is also responsible for

1. Reviewing pardon requests. It submits reports and recommendations to the Cantonal Council;

2. Reviewing petitions and oversight complaints. It submits reports and recommendations to the Cantonal Council;

3. Preparing the election for the full-time and part-time members of all courts, court presidencies, and, upon courts' proposal, extraordinary substitute members;

4. Preparing the election of the Data Protection Officer and the Ombudsperson, along with their deputies by the Cantonal Council;

5. Deciding on the release from official secrecy of the Data Protection Officer, the Ombudsperson, as well as their deputies and staff;

6. Preparing the election of the members, the President, and their deputy of the Valuation Commission by the Cantonal Council;

7. Investigating and reporting on potential breaches of commission secrecy pursuant to § 27 paragraph 4 of these procedural rules;

8. Making final decisions in disputes pursuant to § 28 paragraph 4 and § 29 paragraph 2 of these procedural rules regarding official secrecy and release therefrom.

4. The Expanded Judicial Review Commission inspects all cantonal bodies within the framework of supreme oversight (external course of business) according to paragraph 2 and also includes the Child and Adult Protection Authority. It determines the frequency of the inspections. The superior authorities are informed in advance. Otherwise, §§ 28-30 of these procedural rules apply, as with other commissions.

5. The Expanded Judicial Review Commission deals with legislation in the field of justice.

6. The Cantonal Council can assign specific inquiries to the Expanded Judicial Review Commission with clearly formulated mandates regarding special occurrences at all cantonal bodies pursuant to paragraph 2.

Organization of the Cantonal Council - Committees

1. The Editorial Commission consists of 3 members.

2. The Editorial Commission

1. independently corrects the language and editorial aspects of the laws and decisions reviewed by the Cantonal Council (subject to paragraph 4). The corrections are generally made after the first reading. If only one reading takes place, the corrections are made before the Cantonal Council's review;

2. may make adjustments for gender-neutral language in the whole text of enactments during partial revisions;

3. informs the Directorate or Court and the presidencies of the preliminary advisory commissions about the corrections;

4. submits significant or disputed corrections to the Cantonal Council for a decision;

5. independently corrects clear linguistic and editorial defects identified only after the final vote, after consulting the Directorate or the Court. The Cantonal Council will be informed. In the event of a dispute, the matter will be resubmitted to the Cantonal Council in accordance with § 40 para. 1 no. 4 of these standing orders.

Organization of the Cantonal Council - Commissions

1. The Concordat Commission consists of 15 members. It participates in the concordats.

2. Participation in the concordats includes

1. the right to be continuously informed by the Government Council about the progress of the negotiations;

2. the right to be heard by the Government Council before important negotiations and decisions;

3. the right to provide recommendations to the Government Council for the negotiations and decisions;

4. reporting and motion to the Cantonal Council.

3. The Concordat Commission and the Government Council agree upon when a concordat falls within the competence of the Cantonal Council and when an administrative agreement is within the competence of the Government Council. They also agree on the procedural stage during the concordat negotiations at which the Concordat Commission will be involved. In the event of a dispute, the Cantonal Council decides.

4. The Concordat Commission shall annually submit a list of the matters handled to the Cantonal Council for their acknowledgment.

Organization of the Cantonal Council - Committees

1. The Cantonal Council may elect a non-standing committee with 15 members for the preliminary review and proposal submission of each matter.

Organization of the Cantonal Council - Committees

1. The Cantonal Council may elect parliamentary investigation committees with 15 members by a majority of the votes cast for the clarification of special occurrences of great significance at all cantonal bodies and cantonal institutions. These committees determine their own secretariat, if necessary with the involvement of external personnel. § 25 paragraphs 1 and 2 of these rules of procedure do not apply.

2. The application for setting up the committee contains the exact commission mandate and is submitted to the Cantonal Council as follows

1. through a report and request from the Executive Council, the court, or a cantonal council committee;

2. through a motion, which is addressed immediately.

3. The investigation committee is vested with the powers in accordance with §§ 28-30 of these rules of procedure. The duty of official secrecy for employees of the canton does not apply to this committee (§ 29 paragraph 4 of the Personnel Act).

4. Persons who are directly affected in their legal interests by the investigation have the right to attend interviews and interrogations, to ask supplementary questions, to inspect all investigation files, and to participate in on-site inspections. They can be represented by legal counsel. These rights may be denied to persons against whom the investigation is not explicitly directed, insofar as it is indispensable in the interest of the investigation.

5. After the completion of the investigation, the individuals against whom allegations have been made may respond before the investigation committee.

6. The Executive Council, the courts, or the cantonal institutions, if directly affected by the investigation, shall have the same rights as the affected individuals. They also have the right to comment on the results of the investigation in a report to the Cantonal Council.

Organization of the Cantonal Council - Commissions

1. The Cantonal Council elects the committees and their chairpersons. Committee members cannot appoint a substitute in the event of incapacity.

2. The parliamentary groups are represented in the committees and in the committee chairmanships proportionally to the number of their parliamentary seats. The allocation is conducted upon the recommendation of the Conference of Parliamentary Group Leaders, in analogous application of the provisions concerning the distribution of mandates in the Law on Elections and Voting of September 28, 2006.

3. In the event of a change in the strength of a parliamentary group during the term of office, the allocation remains unchanged for the permanent committees and the newly to be elected non-permanent committees throughout the entire term. If a member leaves or switches groups, the affected committee member loses their previous seat on the committee.

4. Members of the Cantonal Council who do not belong to any parliamentary group may also be elected to committees, provided a parliamentary group waives one of its committee seats.

Organization of the Cantonal Council - Committees

1. The secretariats of the commissions are managed by employees of the competent directorate, state chancellery, or competent court. The secretariats of the Judicial Review Commission, the Editorial Commission, and the Concordat Commission are assigned to the state chancellery.

2. The directorate, state chancellery, or court may, with the consent of the president of the commission, appoint an external person to take minutes if necessary.

3. All external costs for the activities of the commission are borne by the competent directorate, state chancellery, or competent court.

Organization of the Cantonal Council - Committees

1. The commissions negotiate in accordance with the debate rules of the Cantonal Council.

2. In deviation from this, the chairperson of the commission participates in votes. In the case of a tie, he or she casts the deciding vote.

3. In deviation from the Cantonal Council, the commission may make decisions via circular resolution. One-fifth of the commission members may, within a period of three to ten days set by the commission's chairperson, request that the matter be addressed in a meeting. For substantive consideration of the matter, the majority is calculated according to § 79 of these rules of procedure.

4. § 63 of these rules of procedure (Declaration of Conflicts of Interest) also applies to the commissions.

5. A commission member may, at any time, request a reconsideration of the final vote outcome in the commission. Upon acceptance of the request, the commission will reconsider the outcome of the final vote.

Organization of the Cantonal Council - Committees

1. The deliberations and all committee documents are confidential during and after the conclusion of the committee's work, unless they are included in the committee's report.

2. Committee minutes are confidentially delivered, at the latest with the committee report, to the President of the Cantonal Council, the leaders of the factions, the President of the State Economic Commission, the competent member of the Government Council, and other participants in the committee meeting. Passages containing official secrets are to be redacted. External participants receive the minutes in whole or in part, following a corresponding decision by the committee. Previous minutes are available for committee members to review if they are related to a current matter.

3. The committee decides on a case-by-case basis regarding any further briefing of the members of the Cantonal Council, the Government Council, the courts, or the public.

4. If a council member is suspected of seriously violating the committee's confidentiality, the affected committee shall decide whether to have the facts and legal situation clarified by the narrower Judicial Review Commission. If the affected committee no longer exists, the office takes its place. The affected council member is entitled to procedural rights in accordance with § 23 para. 4 of these Rules of Procedure. The narrower Judicial Review Commission prepares a report for the affected committee, which acknowledges it conclusively. § 27 para. 3 of these Rules of Procedure applies. If the narrower or the broader Judicial Review Commission itself is affected by a suspected serious breach of confidentiality, the narrower State Economic Commission takes over the inquiries.

5. Access to committee documents is governed by the legislation on the principle of public access to administration (Public Access Act).

Organization of the Cantonal Council - Committees

1. The President of the Commission generally invites the responsible member of the Council of State or the appropriate court to the proceedings. In the case of the narrower and broader State Economic Commission, the Financial Director is usually invited.

2. The commissions may invite employees of the canton and, in the presence of the responsible and previously informed member of the Council of State or court, question or hear them. Similarly, third parties can be questioned or heard with their consent. Third parties participate in the meeting only within the framework of § 30 para. 4 of these rules of procedure.

3. The invitations pursuant to paras. 1 and 2 are to be followed.

4. If employees of the canton are questioned or heard about an official secret based on a formal law, they must beforehand be released from the duty of confidentiality in accordance with the relevant law. In case of dispute, the narrower Judicial Review Commission makes a final decision. If the Judicial Review Commission requests the release from official secrecy for itself, the narrower State Economic Commission makes a final decision in case of dispute.

5. The commissions may conduct public hearings and on-site inspections.

6. The Data Protection Officer can submit their report on a current matter to the commissions at their own discretion. They can be heard on issues of data protection.

Organization of the Cantonal Council - Committees

1. The commissions are permitted to examine all documents related to the subject of the deliberation. All cantonal authorities and cantonal institutions shall provide the commissions with all the information necessary to fulfill the commissions' duties. The protection of personal rights and confidentiality must be taken into account. In the event of a dispute, the commission's decision is final.

2. The official secrecy based on formal law takes precedence over Paragraph 1. The release from this secrecy is governed by the relevant law. In case of a dispute, the narrower Judicial Review Commission makes the final decision. If the Judicial Review Commission itself wishes to be released from official secrecy, the narrower State Economic Commission makes the final decision in the event of a dispute.

3. Commission members and other participants in commission meetings are bound by official secrecy.

4. Documents subject to official secrecy shall be marked with a uniform classification note "Official Secret."

5. Access to the documents and the provision of information are to be granted to the entire commission, the commission's presidium, or commission members designated by the commission for this purpose.

Organization of the Cantonal Council - Committees

1. The presidia may enlist external experts for introductory presentations. The committees may commission expert reports. The office approves amounts higher than 50,000 francs per expert report pursuant to § 7 para. 2 no. 6 of these rules of procedure. In case of non-approval, the cantonal council shall decide.

2. External experts, as well as expert witnesses, have the same rights to access records and information as the committees. They may conduct business audits on behalf of the committees.

3. They are expressly obligated to maintain confidentiality of their professional or business secrets.

4. They participate in deliberations only until the beginning of the entry debate. The committee may decide on further participation.

Organization of the Cantonal Council - Commissions

1. The presidencies ensure a balanced report. They generally represent the commissions before the cantonal council.

2. Commission minorities, consisting of one or more members, are authorized to submit an independent, written report to the cantonal council under the same deadlines as the commission's report.

Organization of the Cantonal Parliament - Parliamentary Groups

1. A group of at least five council members may form a faction at any time.

2. Factions that are newly formed after the entry into force of these rules of procedure must inform the office in writing about their faction name, their members, and their chairperson. With this, the faction is constituted.

3. Council members may belong to only one faction. Council members who change factions with the consent of the new faction must inform the office. With this, the change is effected.

1. Sessions of the Cantonal Council - Participants in the Sessions

1. In addition to the President, the Executive Council or one quarter of the members of the Cantonal Council may request in writing the convocation of the Cantonal Council, stating the reasons (§ 43 para. 1 of the Cantonal Constitution).

2. The date of the meeting and the agenda shall usually be published in the Official Gazette on the penultimate and the last Friday before the meeting.

3. The convocation shall be carried out according to § 42 para. 2 of these Rules of Procedure.

4. The Cantonal Council shall decide on a meeting place outside the Cantonal Council Chamber.

1. Sessions of the Cantonal Council - Participants in the Sessions

1. In order to validly negotiate and make decisions, the presence of at least 41 members is required (§ 44 sentence 1 of the Cantonal Constitution).

2. Members of the council shall participate in the entire session. Excuses must be submitted to the State Chancellery for the attention of the President or the Chairperson.

3. The clerk of the council shall conduct a roll call at the beginning of the session. The State Chancellery shall conduct the attendance control.

4. Members of the council are permitted to use electronic devices, including imaging devices, during the sessions.

Sessions of the Cantonal Council - Participants in the Sessions

1. The members of the Government Council participate throughout the entire session. Apologies must be submitted to the State Chancellery for the attention of the President.

2. The members of the Government Council have an advisory voice and can submit motions.

Sessions of the Cantonal Council - Participants in the Sessions

1. The President of the Supreme Court and Administrative Court participates in the consideration of reports and proposals of their respective court. They have an advisory vote and can submit motions.

2. In the case of other matters, which also concern judicial legislation or judicial administration, the President of the Cantonal Council may invite the President of the Supreme Court and Administrative Court for consultation or to negotiations. They have an advisory vote and can submit motions.

1. Sessions of the Cantonal Council - Participants in the Sessions

1. The sessions of the Cantonal Council are generally public (§ 43 para. 2 of the Cantonal Constitution).

2. The Cantonal Council may exceptionally decide to hold sessions excluding the public, if the protection of privacy or confidentiality is deemed to be of greater importance.

3. Before deliberating on the exclusion of the public, visitors and media representatives must leave. If a session is decided to be held excluding the public, those present are obligated to maintain silence regarding the proceedings.

4. A separate, confidential record of the session excluding the public is prepared. It is provided only to the members of the Cantonal Council and the Government Council, and possibly to the courts.

Sessions of the Cantonal Council - Participants in the Sessions

1. The President may expel individual visitors or all visitors from the chamber in the event of disruptions to the council proceedings.

2. In the case of a significant disruption, he or she may interrupt or adjourn the session.

3. Audio and video recordings during the sessions require the consent of the Cantonal Council.

1. Sessions of the Cantonal Council - Participants in the Sessions

1. Accreditation of the media is conducted according to the guidelines of the Government Council for communication by the State Chancellery.

2. The State Chancellery provides the cantonal council proposals to the accredited media no later than the tenth day before the meeting.

3. Audio and video recordings, as well as the public dissemination of the proceedings, are permitted without permission.

4. The cantonal council may prohibit or restrict audio and video recordings if they disrupt council operations or compromise personal rights or confidentiality.

5. Subscribers to the cantonal council proposals receive them simultaneously with the accredited media.

Sessions of the Cantonal Council - Subjects of Deliberation

1. Matters for Consultation Entering the Cantonal Parliament

1. through constitutional, legislative, and procedural initiatives (§ 35 of the Cantonal Constitution);

2. through reports and proposals from the Government Council;

3. through reports and proposals from the Supreme Court and the Administrative Court;

4. through reports and proposals from the cantonal parliamentary committees and the office;

5. through reports and proposals from the Data Protection Office and the Ombudsman Office within the framework of their legislation;

6. through motions, postulates, and interpellations;

7. through petitions and supervisory complaints;

8. through written and oral applications in elections or election confirmations by the Cantonal Parliament.

Sessions of the Cantonal Council - Subjects of Deliberation

1. The State Chancellery reviews drafts of initiative petitions upon request of the committee regarding formal correctness. This preliminary review is voluntary for the committees. It does not bind the Cantonal Council, the Government Council, or potentially the courts in the further procedure and is free of charge.

2. As soon as an initiative has been submitted, the State Chancellery promptly reviews it in formal terms, particularly the number of signatures, their official certification, the withdrawal clause, and the unity of the subject matter. It prepares a report which is sent to the initiative committee, the President of the Cantonal Council, the Government Council, and potentially the courts.

3. The Cantonal Council acknowledges the receipt of the initiative and any formal deficiencies according to the report of the State Chancellery at the next session. It forwards the initiative to the Government Council or potentially the courts for a report and recommendation, which must be submitted within six months from the submission of the initiative.

4. The Cantonal Council then appoints a commission that submits a report and recommendation to the Cantonal Council within nine months from the submission of the initiative.

5. The Cantonal Council makes a final decision within one year from the submission of the initiative. An exception allows for an extension of the deadline by a maximum of six months (§ 35 paragraph 4 of the Cantonal Constitution).

6. The Government Council promptly informs the initiative committee, the parties represented in the Cantonal Council, and the office of the Cantonal Council of the date for the popular vote after the final vote.

Sessions of the Cantonal Council - Subjects of Deliberation

1. The Cantonal Council proposals pursuant to § 40 para. 1 Nos. 2-5 of these Rules of Procedure shall generally be made available to the State Chancellery electronically for the preparation of dispatch no later than the twenty-third day before the Cantonal Council meeting (guideline deadline).

2. The State Chancellery shall provide the proposals to the members of the Cantonal Council, the Government Council, and the courts by mail no later than the thirteenth day before the meeting and electronically no later than the tenth day prior. In cases of urgent timing, the State Chancellery may deliver timely submitted proposals exclusively electronically.

3. The proposals shall be published on the Internet no later than the seventh day before the meeting.

Sessions of the Cantonal Council - Subjects of Deliberation

1. **Motions** are requests through whose declaration of significance the Government Council, the courts, or a committee of the Cantonal Council are tasked with presenting a draft for a constitution, law, or resolution, or a report on a cantonal matter with proposed solutions. A motion declared significant is binding.

2. **Postulates** are requests through whose declaration of significance the Government Council, the courts, or a committee of the Cantonal Council are invited to present a draft for a constitution, law, or resolution or to take specific measures. Such measures may fall within the sole competence of the Government Council or the courts. A postulate declared significant is not binding.

3. **Motions and postulates** can be submitted as general suggestions or as elaborated drafts for a law or resolution.

Sessions of the Cantonal Council - Matters for Deliberation

1. Drafts of motions or postulates may be submitted to the State Chancellery for non-binding, formal, and legal preliminary examination.

2. With the consent of the submitting member of the council, the State Chancellery may consult experts from the directorates or the courts. Professional secrecy shall be reserved. This consultation does not bind the directorates or the courts in the subsequent parliamentary procedure.

Sessions of the Cantonal Council - Matters for Deliberation

1. Motions and postulates must be submitted to the State Chancellery no later than the sixteenth day before the Cantonal Council meeting, either by post or preferably electronically. Delivery to the Cantonal Council is carried out in accordance with § 42 para. 2 of these rules of procedure.

2. The motions and postulates are forwarded at the next Cantonal Council meeting to the Government Council, the court, or a commission for report and recommendation. The forwarding is a decision to enter into the matter in accordance with § 57 para. 1 of these rules of procedure. The Cantonal Council may reject the initiative outright (non-entry) with a two-thirds majority of those voting or decide on immediate consideration with a two-thirds majority of those voting. For an immediate decision regarding the declaration of significance, a majority of those voting is required.

3. The Government Council, the court, or the commission submits to the Cantonal Council a report and recommendation regarding the declaration of significance within one year from the forwarding. In exceptional cases, the Cantonal Council may set a shorter deadline when forwarding or, based on an interim report from the Government Council, the court, or the commission, extend the deadline by a maximum of one year. If external circumstances exist that continue to prevent the report and recommendation, the Cantonal Council may extend the treatment period temporarily for the last time based on a second interim report.

4. The Government Council, the court, or the commission may consolidate individual interim reports according to para. 3 into a collective interim report. This collective report is to be submitted to the Cantonal Council for decision once per year.

Sessions of the Cantonal Council - Subjects of Deliberation

1. Upon the request of a council member, the governing council, or the court, the Cantonal Council may forward a motion as a postulate or a postulate as a motion, or declare it significant.

2. The proponent of the motion or the proposer of the postulate must agree to the conversion at the time of forwarding, but not at the time of declaration of significance. If multiple council members are listed in the title of a motion or a postulate, the majority of them decides on the agreement.

Sessions of the Cantonal Council - Subjects of Deliberation

1. The Cantonal Council shall generally address motions or postulates that have not yet been dealt with and that are directly connected with a pending draft law or resolution together with that draft. Such motions or postulates shall be included in the corresponding proposal to the Cantonal Council. If this is no longer feasible in terms of timing, the report and request on such initiatives shall be forwarded directly to the commission or, after the commission's work is concluded, directly to the Cantonal Council.

2. These motions or postulate requests shall be treated like regular proposals.

3. Simultaneous handling is only possible if the report and request for newly submitted motions or postulates are delivered to the Cantonal Council no later than the thirteenth day before the first deliberation of the draft law or resolution. If delivered later, the motion or postulate shall be dealt with in the ordinary, separate procedure.

Sessions of the Cantonal Council - Subjects of Deliberation

1. The proposals necessitated by motions and postulates declared substantial must be submitted to the Cantonal Council within three years from the declaration of substantiality.

2. If a deadline differing from paragraph 1 is decided upon at the time of declaring motions and postulates substantial, it shall take precedence.

3. If external circumstances exist that make completion within the deadline impossible, the Cantonal Council may extend the completion period one last time, based on an interim report from the Government Council, the court, or the commission.

4. Section 45, paragraph 4 of these rules of procedure (Collective Interim Report) shall apply mutatis mutandis.

Sessions of the Cantonal Council - Subjects of Deliberation

1. The Executive Council, the Court, or a Commission may present the handling of motions and postulates pursuant to § 45 paragraph 3 and their resolution pursuant to § 48 paragraph 1 of these Rules of Procedure in the same report and proposal (single-stage procedure).

2. The Cantonal Council may also decide on a two-stage procedure, even when a single-stage procedure has been proposed (initially the handling, later the resolution of the motion).

Sessions of the Cantonal Council - Matters of Deliberation

1. Each member of the council is entitled to request information from the government council or the court on any matter concerning the canton. The protection of personal rights and confidentiality must be taken into account.

Sessions of the Cantonal Council - Subjects of Deliberation

1. **Interpellations must be submitted to the State Chancellery by post or preferably electronically no later than the sixteenth day before the Cantonal Council meeting. Delivery to the Cantonal Council is carried out in accordance with § 42 para. 2 of these rules of procedure.**

2. **Interpellations are forwarded to the Government Council or to the Court for response at the next Cantonal Council meeting. The forwarding is mandatory and constitutes a resolution to enter into proceedings in accordance with § 57 para. 1 of these rules of procedure. Questions that only marginally concern the canton can be answered very briefly.**

3. **The Government Council or the Court shall respond to interpellations in writing within six months of forwarding. Any shortening or extension of the deadline is governed by § 45 para. 3 and 4 of these rules of procedure.**

4. **In urgent cases, the Government Council or the Court may deliver interpellation responses electronically or by post no later than the sixth day before the next Cantonal Council meeting, at which the interpellation is forwarded and simultaneously dealt with. The urgency is determined by the Government Council or the Court.**

5. **A discussion takes place unless the Cantonal Council rejects it by a two-thirds majority of those voting.**

Sessions of the Cantonal Council - Subjects of Deliberation

1. The submitting council member may amend or withdraw the motion until it is referred by the cantonal council.

2. If multiple council members are listed in the title of a motion, the majority of them decides on the matter.

Sessions of the Cantonal Council - Subjects of Deliberation

1. Each member of the council is entitled to request information from the government council or the court on any subject concerning the canton. The protection of personal data and confidentiality must be taken into account.

2. Questions should be answered concisely, with reasonable effort, and within the set deadline. Questions that only marginally concern the canton can be answered very briefly.

3. The president may, upon request of the government council or the court and with the consent of the submitting council member, convert a small inquiry into an interpellation if it cannot be answered within the deadline. If several council members are listed in the title of a motion, the majority of them will decide on the matter.

4. Small inquiries are submitted to the state chancellery either by post or preferably electronically. The chancellery immediately forwards them to the president, the members of the government council, or the court. The government council or the court processes them within one month of receipt. The response is delivered to the members of the cantonal council for information with the next dispatch, but is not addressed in the cantonal council. Electronic delivery and posting on the internet take place immediately after dispatch.

Sessions of the Cantonal Council - Subjects of Deliberation

1. The Judiciary Review Commission submits a report and recommendations to the Cantonal Council concerning petitions and supervisory complaints. Prior to this, it obtains opinions from the Executive Council, the court, the data protection office, or the ombudsman's office.

2. If the petition or supervisory complaint is directly related to a matter under discussion by a commission, the President of the Cantonal Council forwards it directly to the commission for recommendation to the Cantonal Council.

3. The Judiciary Review Commission, or if applicable, the commission as per paragraph 2, forwards a petition directly to the competent authority if the Cantonal Council is not responsible.

4. The State Chancellery informs the applicants and complainants in writing no later than the thirteenth day before the meeting about the timing of the discussion in the Cantonal Council. The commission's recommendation is enclosed. The applicants and complainants are promptly notified in writing of the decision of the Cantonal Council.

Sessions of the Cantonal Council - Matters for Deliberation

1. Supervisory Complaints Against All Courts, the Data Protection Office, the Ombudsman Office, and the Jurisdiction of the Executive Council are limited to External Business Conduct. Supervisory complaints concerning pending or legally concluded proceedings (jurisdiction) will not be entertained.

2. The Cantonal Council handles the following supervisory complaints within the framework of paragraph 1

1. Against the Executive Council as a collective authority;

2. Against the Superior Court as a collective authority;

3. Against the Administrative Court as a collective authority;

4. Against decisions of the Executive Council, the Superior Court, and the Administrative Court as supervisory authorities;

5. Against the Data Protection Office and the Ombudsman Office.

3. The State Secretary forwards the following complaints, submitted to the Cantonal Council, to the competent authority

1. Against individual directorates or individual members of the Executive Council to the Executive Council;

2. Against individual members of all courts, against the Cantonal Court, and the Criminal Court to the Superior Court;

3. Against individual members of the Administrative Court to the Administrative Court.

1. Sessions of the Cantonal Council - Deliberations

1. The Cantonal Council determines the matters to be considered and their order after the opening of the session.

Sessions of the Cantonal Council - Deliberations

1. The Cantonal Council first decides whether to enter into a matter.

2. The Government Council or the Court may withdraw the matter until the decision to enter is made.

Sessions of the Cantonal Council - Deliberations

1. After the decision to proceed, the Cantonal Council may at any time, with two-thirds of the votes cast, refer a matter back entirely or partially.

2. The referral is made to the Government Council, the court, or a commission for further examination and proposal submission.

3. The Cantonal Council accompanies the referral with a specific review mandate and a deadline for resubmission of the matter.

4. If the Government Council or the court wishes to withdraw the proposal after the decision to proceed, paragraphs 1-3 shall apply mutatis mutandis.

5. If the proposal is no longer to be submitted, the review mandate and the setting of a deadline are to be waived (definitive referral or definitive withdrawal).

6. The discussion about the referral or withdrawal does not count as a reading of the proposal or the relevant paragraphs.

Sessions of the Cantonal Council - Deliberations

1. After the decision to proceed, the Cantonal Council may at any time suspend further consideration of the matter for a limited period with a two-thirds majority of the votes cast.

2. Instead of suspension, the Cantonal Council may, in matters requiring two readings, issue clarification orders during the first reading for the purpose of the second reading. The results of the clarifications must be sent to the Cantonal Council by mail no later than the twentieth day before the second reading.

Sessions of the Cantonal Council - Deliberations

1. The Cantonal Council may make fundamental resolutions, provided that these significantly influence the subsequent detailed deliberation. This is possible between the decision to enter into the matter and the final vote.

2. The detailed deliberation takes place paragraph by paragraph for laws and cantonal council resolutions.

3. The Cantonal Council may decide for each matter whether to deliberate on it page by page, section by section, or in its entirety.

4. For motions and postulates, only the submitted proposals are deliberated.

Sessions of the Cantonal Council - Deliberations

1. During the entry debate, the floor is first given to the proposing committees and then to any minority members of those committees.

2. During the detailed consideration, the floor is first given to the proposing committees, then to any minority members of those committees, and then to any other proposers.

3. For parliamentary motions, the floor is first given to the submitting council member or, if there are several submitting members, to a representative.

4. In sections 1 to 3, the floor is then given to political groups in alternating order, followed by individual speakers.

5. The closing statement is generally reserved for the government council or the court.

Sessions of the Cantonal Council - Deliberations

1. Individual speakers register to speak with the President after the faction speakers.

2. The President grants the floor to individual speakers in the order of registration. In the event of simultaneous registration, preference is given to the member who has not yet spoken on the matter.

Sessions of the Cantonal Council - Deliberations

1. Council members shall disclose their conflicts of interest at the beginning of their vote, when expressing opinions on matters that directly affect their interests or those of third parties with whom they have a significant personal or legal relationship.

Sessions of the Cantonal Council - Deliberations

1. Council members shall recuse themselves from voting in the Cantonal Council elections that concern them personally, or in the confirmation of their own election in accordance with § 89 of these Standing Orders.

2. Members of the State Economics Commission and the Judicial Examination Commission (both when exercising their supervisory functions), as well as members of a parliamentary investigative commission, shall recuse themselves if they have a direct personal interest in a subject under discussion.

3. Commission members as per paragraph 2 shall recuse themselves when exercising supervisory functions if they are employees, members of executive bodies, or majority shareholders of legal entities that have a direct interest in a subject under discussion.

4. In cases of dispute, the affected commission shall make a final decision on recusal after hearing the member.

5. No further obligation to recuse oneself exists. Commission appointments that are undisputed are also not subject to the obligation to recuse.

6. Council members in recusal, or members of the executive council or courts affected by their own election, shall leave the Cantonal Council chamber or the commission room during the discussion of such matters.

7. The recusal shall be recorded in the minutes.

Sessions of the Cantonal Council - Deliberations

1. A motion of order may be submitted orally at any time after the conclusion of a vote. The deliberation of the main matter shall be suspended until it is resolved. A brief debate on the motion of order is permissible.

2. A motion of order pertains to the parliamentary procedure. It may be submitted as long as the objection persists or the business in question is being debated.

3. It is also permissible if a member of the Cantonal Council, the Government Council, or the Court wishes to respond to a statement concerning themselves.

Sessions of the Cantonal Council - Deliberations

1. If the President wishes to participate in the discussion, they must request the floor from the Vice President. The floor will be granted to them in accordance with Sections 61 and 62 of these rules of procedure.

2. While the President is speaking, the Vice President presides over the meeting.

1. Sessions of the Cantonal Council - Deliberations

1. The President shall remind speakers to stay on topic if they excessively deviate from the subject of the discussion. He or she shall call speakers to order if they violate parliamentary decorum, particularly in the case of offensive remarks.

2. In the event of continued disorderly conduct, the President may, after two warnings, withdraw the right to speak for the current vote or matter.

Sessions of the Cantonal Council - Deliberations

1. Each council member has the right to submit motions for amendment, alternative proposals, additions, or deletions. These must be submitted in writing to the President. Excluded from this requirement are motions for deletion.

Sessions of the Cantonal Council - Deliberations

1. The President shall exclude motions from the proceedings that are not directly related to the subject under discussion. The applicant shall be referred to the procedure for motions or postulates pursuant to § 45 of these Rules of Procedure.

2. Direct relevance is given if the motion of a council member refers to the statements in the report and proposal of the government council, the court, or the commission. For the independent right to propose motions by the cantonal council commissions according to § 40 paragraph 1 number 4 of these Rules of Procedure, no direct relevance is required.

3. If the exclusion is disputed, especially when a corresponding counter-motion is submitted, the cantonal council shall decide.

4. If the commission submits a motion that is not directly related to the subject of discussion, the government council, the court, or possibly another commission must be invited to give their opinion before the commission's decision.

Sessions of the Cantonal Council - Deliberations

1. A motion to close the debate requires a two-thirds majority of those voting. Upon the acceptance of the motion, the right to speak is granted only in the following order: those who have already registered, the proposing committees, the government council, or the court. In the case of parliamentary motions, only those who have already registered, the council members submitting the motion, possibly their representation if there are several, the government council, or the court may speak.

2. During the clause-by-clause consideration of a draft law or a resolution of the cantonal council, the closure of the debate applies only to the specific clause in question.

3. A motion to close the debate can be made no earlier than after the first individual council member has spoken.

Sessions of the Cantonal Council - Deliberations

1. A council member may request to revisit previously discussed articles or sections. Upon acceptance of the request, the article or section will be reconsidered. The request can be made no later than

1. at the end of a first reading, before proceeding to the next item of business;

2. at the end of a single reading before the final vote;

3. at the end of a second reading before the final vote, but only regarding matters for discussion in the second reading.

2. The request to repeat a vote must be made immediately.

Sessions of the Cantonal Council - Deliberations

1. The following matters shall be deliberated in two readings

1. Constitutional amendments;

2. Constitutional, legislative, and statutory initiatives submitted as popular initiatives;

3. Formal laws.

2. The second reading of matters according to paragraph 1 takes place no earlier than two months after the first reading (§ 44 of the Cantonal Constitution[11]).

3. The following matters shall also be deliberated in two readings

1. Generally binding resolutions of the Cantonal Council, with the exception of the determination of the tax rate;

2. Expenditure resolutions that are subject to a referendum according to § 34 paragraph 1 of the Cantonal Constitution;

3. Resolutions regarding accession to, amendment of, and withdrawal from concordats.

4. The second reading of matters according to paragraph 3 generally takes place at the next session, unless the Cantonal Council decides otherwise.

5. Matters other than those according to paragraphs 1 and 3 shall be deliberated twice only if the Cantonal Council decides so in individual cases. In this case, paragraph 4 applies.

6. The State Chancellery shall deliver the result of the first reading to the members of the Cantonal Council, the Government Council, and the courts no later than the twentieth day before the second reading.

Sessions of the Cantonal Council - Deliberations

1. Motions for the second reading must be submitted to the State Chancellery no later than the sixteenth day before the session, either by post or preferably electronically. Delivery to the Cantonal Council shall be carried out in accordance with § 42 paragraph 2 of these rules of procedure.

2. Further motions may only be made during the second reading if they are directly related to the motions pursuant to paragraph 1.

Sessions of the Cantonal Council - Deliberations

1. Following the section-by-section discussion of the draft for a constitutional amendment, a law, or a cantonal council resolution, the final vote shall be taken without debate.

2. If the final vote pertains to two or more proposals that are directly related, it can be conducted separately for each proposal or collectively for all proposals. The cantonal council shall decide on this matter.

3. Immediately after the final vote, at least one-third of all members of the cantonal council may resolve to hold a popular referendum (authority referendum in accordance with § 34 paragraph 4 of the cantonal constitution). A discussion on this matter is permissible.

4. Laws and resolutions shall bear the date of the final vote.

Sessions of the Cantonal Council - Voting

1. Prior to the vote, the President provides a brief overview of the motions submitted and proposes the voting procedure to the Cantonal Council.

2. If a council member disagrees, the Cantonal Council makes the decision.

Sessions of the Cantonal Council - Voting

**1. Votes on Sub-Amendments and Amendments:**

1. Votes are taken on sub-amendments before amendments, and on amendments before the main motions. If this procedure proves impractical, the Cantonal Council may decide on a different procedure.

2. The division into the three levels according to paragraph 1 must be carried out in such a manner that there is a step-by-step progression from motions with the smallest substantive difference to those with the greatest difference.

3. If more than two mutually exclusive motions of the same level are submitted, they are put to a simultaneous vote (triple or multiple voting). Each member of the council has only one vote. If no motion receives the majority of votes, a vote is held on which of the two motions that received the fewest votes will continue to participate in the voting. Then, the remaining motions are voted on in the same manner.

4. If a motion is made to maintain the current law, it shall be juxtaposed with the revised main motion to amend the current law and voted on last.

5. The voting order for motions of the same level is determined by the time the motions were made. The motion submitted first is voted on first.

Sessions of the Cantonal Council - Voting

1. The Cantonal Council votes on conditional motions immediately after the vote on the motions with which they are associated.

Sessions of the Cantonal Parliament - Votes

1. If a voting question is divisible, each part will be voted on separately.

2. Divisibility exists if there is no direct connection between the individual parts.

Sessions of the Cantonal Council - Voting

1. A resolution by the Cantonal Council, the committees, or the office requires the majority of the votes cast, unless the rules of procedure specify otherwise. Abstentions are disregarded.

Sessions of the Cantonal Council - Voting

1. No council member is obliged to vote or to cast a specific vote.

2. Voting is carried out electronically. If this is not possible, it is conducted by a show of hands. Voting begins alternately on the left and right sides of the council chamber.

3. The majority and minority are always determined.

Sessions of the Cantonal Council - Voting

1. A roll-call vote shall take place if at least 20 voting members request one. A secret ballot shall take place if the majority of the voting members request one. If a motion for a roll-call vote receives the necessary number of votes alongside a motion for a secret ballot, the Cantonal Council shall decide which of the two voting processes shall be conducted.

2. In a roll-call vote, the names of the voters, along with their manner of voting, the names of those abstaining, and the names of those absent shall be recorded in the minutes. Only those members who cast their vote immediately after the reading of their name shall be counted as voters.

Sessions of the Cantonal Council - Voting

1. The President does not vote. In the event of a tie, they have the casting vote. In this case, they may provide a justification for their vote.

Sessions of the Cantonal Council - Voting

1. The Cantonal Council decides, upon the request of the Judicial Review Commission, in a secret ballot and without discussion, whether to consider the pardon request.

2. Members of the Cantonal Council and the Government Council may submit proposals regarding the extent of the pardon after the decision to consider it has been made, and briefly justify them. The extent of the pardon is decided by secret ballot.

3. A discussion about the criminal case is only permissible to the extent that it is directly related to the pardon.

Sessions of the Cantonal Council - Elections

1. The office and the executive council jointly prepare the election of a new head clerk.

2. They advise and decide on the election proposal to the cantonal council in separate meetings and submit two separate proposals to the cantonal council.

3. The election of the head clerk takes place at least six months before the start of the term of office.

Sessions of the Cantonal Council - Elections

1. The Cantonal Council votes in writing and by secret ballot. The elections of the committees and the representation of the vote counters are conducted openly, unless the Cantonal Council decides to hold secret elections.

2. A candidate is elected if they achieve an absolute majority of the valid votes cast. Blank votes are disregarded.

3. The President participates in the elections.

4. If the election or individual rounds of voting cannot proceed due to a tie, the President draws lots in the cantonal council chamber to determine who is eliminated from the election.

Sessions of the Cantonal Council - Elections

1. Invalid are ballots,

1. that do not clearly indicate the intention of the council member;

2. that contain a remark foreign to the candidate designation;

3. with the name of a person who is not eligible for election.

2. If a ballot contains more names than persons to be elected, the excess names shall be struck out, specifically from the bottom upwards and then from right to left.

3. The president decides on the invalidity. He or she informs the council of the reason for invalidity. If a council member objects to this, the Cantonal Council decides.

Sessions of the Cantonal Council - Elections

1. If the first or any of the subsequent ballots do not result in an absolute majority, the person who received the least votes in that ballot shall be eliminated from the election.

2. Anyone who did not receive any votes in the first ballot is eliminated from the election, unless a person eligible for subsequent ballots waives their potential election.

Sessions of the Cantonal Council - Elections

1. If an elected person refuses the election, the entire election shall be repeated.

Sessions of the Cantonal Council - Elections

1. The Cantonal Council confirms the election by another authority individually for each person and secretly with "Yes" or "No".

2. If the majority of the votes is not achieved, a second round for the confirmation of the election shall be conducted upon the request of one-quarter of the members present.

3. If the majority of the votes is again not achieved, the electoral authority must submit another proposal for confirmation.

Sessions of the Cantonal Council - Elections

1. Ballots and documents pertaining to the confirmation of an election are to be destroyed three months after the session by the municipal beadle or bailiff in the presence of the state secretary. This is subject to an extended retention period if a legal challenge to the election or its confirmation is underway.

Sessions of the Cantonal Council - Elections

1. An election or confirmation of an election can no longer be challenged in the Cantonal Council once the council has directly thereafter concluded the session or commenced with the discussion of the next agenda item. This is without prejudice to legal challenges.

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