Act on Political Rights (GpR) - Scope (GpR)

1. This law applies to all referendums and elections of the canton and the municipalities that are entitled to the eligible voters at the ballot box.

2. It applies to the conduct of federal referendums and elections, insofar as they are not governed by federal law.

1. Persons excluded from voting rights deemed legally incapacitated within the meaning of § 21 paragraph 2 of the Cantonal Constitution are those who, due to permanent incapacity of judgment, are under comprehensive guardianship or are represented by a person with a power of attorney for precautionary measures.

1. The right to vote is exercised in the municipality of residence (political domicile). Nomads exercise the right to vote in their municipality of origin.

2. The political domicile can be established in the municipality of residence if the eligible voter can prove that there is no entry in the electoral register of the municipality of establishment.

3. In matters pertaining to the citizens' municipality, all citizens residing in the canton have their political domicile in their municipality of origin. However, citizens residing outside their municipality of origin are only to be sent voting or election documents and invitations to the citizens' municipal assembly if they have personally requested them. A written request made once remains valid until revoked.

4. Swiss citizens abroad are entitled to vote in the same manner as on federal matters.

1. Eligible voters are to be registered in the electoral register at their political residence. Entries and deletions are to be made ex officio.

2. Prior to a vote or election, entries must be made up to the 5th day before the voting or election day, provided it is established that the requirements for participation on the voting or election day are met.

3. The civic community maintains its own electoral register. It may delegate this task to the municipal community.

4. The following shall be entered in the cantonal or municipal electoral register

a. * All Swiss citizens who have reached the age of 18, are registered and reside in the municipality, provided they are not under comprehensive guardianship due to permanent incapacity to judge or represented by a person appointed for precautionary measures;

b. * Swiss citizens abroad in accordance with Article 19 of the Federal Act on Swiss Persons and Institutions Abroad (Swiss Abroad Act, SAA) of September 26, 2014.

5. The electoral register is open for inspection by all eligible voters. The creation of copies is not permitted.

6. The electoral registers comply with Article 6 letter t of the Federal Act on the Harmonization of Resident Registers and Other Official Person Registers (Register Harmonization Act, RHA) of June 23, 2006.

1. Based on the voting register, the municipality must issue a voting rights certificate to all eligible voters no later than 3 weeks and no earlier than 4 weeks before the election day or voting day. In the case of by-elections, the period is at least 10 days.

2. ...

**1. Each municipality must establish at least one polling station for personal voting.**

**2. The polling station must be open for at least 1 hour on the voting or election day.**

**3. The opening times are determined by the municipal council. On voting or election day, all polling stations must close by 12 noon at the latest.**

**4. The president of the election office is obligated to expel individuals from the polling station who hinder the secret and orderly casting of votes. Unauthorized persons are prohibited from staying in areas where the results of votes and elections are determined.**

1. In every municipality, at least one polling office consisting of a minimum of 5 members must be elected.

1bis. The polling office is under the supervision of the municipal presidency.

2. ...

3. If the polling office is insufficiently staffed, the municipal presidency appoints suitable and legally capable substitutes.

4. The polling office oversees the voting process, marks the ballots and voting papers, and determines the results of referendums and elections.

5. Members of the polling office are prohibited from filling out ballots and voting papers for other eligible voters within the polling office.

6. Members of the polling office who are candidates in an election or have a direct personal interest in an election or referendum may not participate in determining the outcome of that election or referendum.

1. Eligible voters can cast their votes in person at the ballot box or vote by mail. The voting procedure for Swiss citizens living abroad is subject to federal law.

1bis. Electronic voting is governed by § 7a.

2. Voting by mail is permissible as soon as eligible voters are in possession of the voting materials. The return envelope must arrive at the municipal administration by the opening of the polling station on the day of the vote or election.

3. Eligible voters who are permanently unable, due to disability or any other reason, to perform the actions necessary for voting (filling out the ballot papers, etc.) themselves, may have these actions performed by other eligible voters.

4. The secrecy of the vote must be maintained.

1. Voting may be conducted electronically if the technical and organizational requirements are met.

2. The will of the voters must be able to be correctly determined and the secrecy of the vote must be preserved.

3. The government council may restrict the exercise of electronic voting geographically, substantively, and temporally.

4. The government council regulates the details.

1. In the design of voting and election materials, consideration must be given to the needs of persons with disabilities.

1. Official ballot papers must be used for voting.

2. Ballot papers must be filled out by hand.

3. Ballot papers must clearly reflect the voter's intention.

1. A ballot paper is considered blank if it has not been filled out at all.

2. A vote is considered blank if, on a valid ballot paper, one of several questions is unanswered.

3. In proportional representation procedures, the handling of blank votes is governed by § 39.

1. A voting or election ballot is invalid if it

a. is not official,

b. * does not bear the official marking,

c. * is filled out or altered other than by handwriting,

d. contains defamatory statements or is clearly marked.

2. Voting or election ballots are also invalid when, in postal voting

a. the personal signature of the eligible voter is missing on the voting rights certificate;

b. * ...

c. * ...

d. * more than one ballot for the same vote or election is placed in the ballot envelope.

3. Votes are invalid if they

a. do not clearly reflect the voter's will,

b. are cast for ineligible candidates,

c. in proportional representation, are cast for non-nominated individuals or the same candidate more than twice.

1. In determining the result of a vote or election, blank and invalid ballots or votes are disregarded.

1. The canton utilizes a specialized application to determine the results of elections and referendums.

2. The municipalities use this specialized application for all federal and cantonal elections and referendums. They may also employ it for municipal elections and referendums.

3. Accurate determination of the referendum and election results must be ensured through appropriate procedures and controls.

4. The state chancellery is authorized to issue deviating instructions in the event of technical problems with the specialized application.

5. The government council may enact provisions concerning additional technical aids for determining referendum and election results. These may deviate from this law and the associated ordinance.

1. The results of votes and elections must be recorded in a protocol.

1. The result shall be published by the State Chancellery in the cantonal official gazette or by the municipal election office in an appropriate manner, with a reference to the possibility of an appeal (§ 83).

1. If there is doubt as to whether the result of a vote or election has been properly achieved, the certification authority shall decide on a review.

2. The review is conducted by the State Chancellery or the municipal administration.

1. Upon the expiry of the appeal period without action (§ 83 para. 3), the verification authority conclusively determines the outcome (verification).

2. The election of the Government Council is verified by the Cantonal Parliament. The other cantonal elections and referenda are verified by the Government Council.

3. The municipal elections and referenda are verified by the Municipal Council or Citizens' Council. Sections 4 and 5 remain reserved.

4. The elections of the Municipal Council and the Municipal Presidency are verified by the Residents' Council or the Municipal Commission or the Business Audit Commission.

5. The elections of the Citizens' Council and the Citizen Community Presidency are verified by the Citizen Commission or the Business Audit Commission.

1. The authentication decree shall be published in the cantonal official gazette or in an appropriate manner by the municipality. Thereafter, the voting and election ballots are to be destroyed.

1. The government council sets the voting day for cantonal referendums, and the municipal council sets it for municipal referendums.

**1. In the case of cantonal votes, the State Chancellery provides the municipalities with the proposals and the ballots. In the case of municipal votes, this responsibility lies with the municipal council.**

2. ...

**3. The proposals and ballots must be delivered to eligible voters by the municipality no later than 3 weeks and no earlier than 4 weeks before the voting day. § 2 paragraph 3 remains reserved.**

**4. Municipalities may stipulate in a regulation that the proposals and explanations are delivered to each household only once, unless a member of the household who is eligible to vote requests personal delivery.**

1. The government council shall provide objective explanations for cantonal proposals, which also portray the opposing viewpoints. In the case of a referendum and an initiative, the committee shall be given the opportunity to present its viewpoint in a reasonable scope and at its own responsibility.

2. If the municipal council provides objective explanations for communal proposals, these must meet the requirements of paragraph 1.

2bis. In the case of a governmental referendum, the rules of procedure of the resident council shall establish who presents the viewpoint of the council members requesting the ballot vote.

3. The explanations shall be delivered to the eligible voters simultaneously with the proposals.

1. Voting with more than one question shall be conducted using the procedure of conditional simultaneous voting (multiple Yes with a deciding question).

1. A proposal is adopted if it receives the majority of the valid votes.

1. Cantonal Elections are the election of

a. the Cantonal Council,

b. the Constitutional Council,

c. the Government Council,

d. the member of the Council of States,

e. * ...

f. * the Justices of the Peace.

g. * ...

1. Municipal Elections within the Meaning of this Law are the elections to be conducted at the ballot box in the resident or citizen municipality pursuant to law or municipal ordinance.

1. With the periodic re-election, the authority is appointed with a term of office.

2. A by-election is held to reach the number of members of an authority if, during the periodic re-election according to the majority voting procedure, not enough candidates have achieved the absolute majority.

3. A supplementary election is used to reach the number of members of an authority when a member of an authority elected by proportional representation cannot be replaced by succession if they have left before or during the term of office.

4. A replacement election is held to replace a member who has left, before or during the term of office, an authority elected by the majority voting procedure. The replacement election is generally to be conducted within 4 months after the member's departure.

1. Cantonal Elections

1. Cantonal elections are ordered by the Council of State. The election of the members of the Landrat and the members of the Council of State takes place simultaneously.

2. Municipal elections are ordered by the Municipal Council or the Citizens' Council.

1. The ballot papers for cantonal elections are prepared by the State Chancellery, and for municipal elections by the municipal administration.

2. The ballot papers must be delivered to eligible voters by the municipalities no later than 3 weeks and no earlier than 4 weeks before the election day. In the case of by-elections, the deadline is at least 10 days. Section 2 paragraph 3 remains reserved.

3. ...

4. ...

1. Eligible voters may inspect the electoral proposals and the names of the signatories at the State Chancellery or at the municipal administration.

1. Elected by the majority voting system

a. the Government Council,

b. the member of the Council of States,

c. * ...

d. the Justices of the Peace,

e. the authorities of the resident municipality in accordance with the municipal ordinance,

f. the authorities of the civic community (Municipal Law § 142 para. 2).

g. * ...

1. Together with the ballots, eligible voters receive an official information sheet with the names of the persons who have been reported to the State Chancellery by the 62nd day before the election day.

2. The nominees must be identified on the election proposal with their first names, surnames, dates of birth, professions or occupations, residential addresses, and places of origin.

3. The election proposals must include the signed consent of the nominees to their candidacy. The consent cannot be withdrawn.

4. The signing of the election proposals is carried out in accordance with § 33a paragraphs 1-3.

5. The State Chancellery reviews the election proposals in accordance with § 35.

6. Municipalities can stipulate, through a municipal ordinance, a procedure for electing their authorities in accordance with this provision.

7. In the case of by-elections, the official information sheet will be published by appropriate means.

1. In a majority vote, the candidate who reaches the absolute majority is elected.

2. In a single-member election, the absolute majority is the next higher whole number following half of the valid votes.

3. In the election of several members of a body, the valid votes are divided by twice the number of those to be elected. The next higher whole number following the quotient is the absolute majority.

4. If more candidates than those to be elected achieve the absolute majority, those with the most votes are elected.

5. In the event of a tie, the decision is made by drawing lots. This is conducted in the presence of the affected parties by the cantonal clerk in cantonal elections, or by the municipal clerk in municipal elections. Municipalities may provide for a runoff election at the polls in their municipal ordinance instead of the decision by drawing lots.

1. If fewer individuals than the number required for election achieve an absolute majority, a runoff election must be ordered, in which those individuals who receive the most votes (relative majority) are elected.

1. Silent elections are possible in the election of Justices of the Peace.

2. Municipalities determine in their municipal regulations for which municipal elections silent elections are possible.

3. To facilitate silent elections, electoral proposals can be submitted to the State Chancellery for cantonal elections or to the municipal administration for municipal elections up to the 62nd day before the election day. These must comply with the provisions of §§ 33 paragraphs 3-5, 33a, and 35.

4. If, after the deadline for submitting electoral proposals, the number of nominees is not greater than the number of positions to be filled, the certifying authority revokes the ballot vote by the 41st day before the election day, declares the nominees elected, and publishes the names of the elected individuals with a note on the possibility of filing a complaint.

4bis. A by-election for the remaining seats will take place in accordance with § 29.

5. For the by-election, electoral proposals can be submitted up to the 8th day after the election day. Paragraphs 4 and 4bis are applied accordingly.

1. If a member of an authority resigns before the start or during the term of office, a replacement election shall be conducted for the remainder of the term in accordance with §§ 28-30.

1. Elected by proportional representation are

a. the District Council;

b. the Constitutional Council;

c. the Citizens' Council (Municipal Law § 131 para. 3);

d. the other authorities of the citizens' municipality, insofar as the municipal code provides for this.

2. ...

1. Nomination proposals must be submitted to the State Chancellery for cantonal elections and to the municipal administration for communal elections by the 62nd day before election day.

2. Each nomination proposal must feature a list name that distinguishes it from other nomination proposals.

3. The nomination proposal may not contain more nominees than there are mandates allocated to the electoral district.

4. Nominees must be listed with their first names, last names, dates of birth, professions or occupations, residential addresses, and places of origin.

5. The nomination proposal must include the nominees' signed consent to their candidacy. The consent cannot be withdrawn.

6. ...

7. ...

8. The same candidates may only be listed on one nomination proposal; otherwise, they will be removed from all nomination proposals.

1. The nomination paper must be signed in handwriting by at least 15 electors residing in the electoral district.

2. For municipal elections, in municipalities with fewer than 500 electors, 10 signatures are sufficient.

3. An elector may sign only one nomination paper and cannot withdraw their signature after the submission of the nomination paper.

4. The name of an elector who has signed multiple nomination papers will be retained on the first submitted nomination paper by the cantonal clerk or municipal clerk and removed from all other nomination papers. If multiple nomination papers are submitted simultaneously, a draw will decide. The draw is conducted by the cantonal clerk or municipal clerk.

1. The State Chancellery or the Municipal Administration shall review the electoral proposals and request the representative of the signatories to rectify any defects by the 55th day before the election day.

2. If a defect is not rectified within the prescribed period, the electoral proposal shall be invalid. If the defect pertains only to a proposed candidate, only that candidate’s name will be deleted.

3. If an electoral proposal contains more names of candidates than there are persons or members to be elected, the State Chancellery or the Municipal Administration shall delete the excess names, starting from the bottom and moving upwards from the right.

4. Candidates proposed on multiple electoral proposals must be asked on which proposal they wish to be listed. If no declaration is made within 3 days, they shall be deleted from all proposals.

5. The representative of the electoral proposal is to be informed of any deletions and defects. A deadline of 3 days is to be set for corrections.

6. The first signatory is considered the representative of the electoral proposal, and the second signatory is considered their deputy.

7. The first signatory or their deputy is authorized and obligated to make binding declarations necessary for the rectification of defects.

8. Electoral proposals may not be amended after the 48th day before the election day.

1. The adjusted electoral proposals are called lists. They are assigned serial numbers.

2. Lists with the same designation form a list group at the cantonal level.

3. A list that is submitted in only one electoral district also forms a list group.

4. The lists are published by the State Chancellery in the Official Gazette for cantonal elections, and by the municipal administration in an appropriate manner for municipal elections.

1. Each eligible voter shall be provided with all the lists submitted in their electoral district as ballots, as well as a blank list, which contains as many lines as there are mandates allocated to the electoral district.

1. Whoever uses a ballot with a printed form (party list) may strike pre-printed candidate names; they may list the name of the same candidate twice on the ballot (cumulate); they may also enter candidate names from other lists (cross-vote).

2. They may furthermore strike the pre-printed list designation and ordinal number or replace them with another.

3. Whoever uses the ballot without a printed form (blank list) may enter candidate names from the party lists and attach the list designation or ordinal number of a party list. In the case of a discrepancy between the list designation and ordinal number, the list designation prevails.

4. The same candidate's name may only appear twice on a ballot.

5. The ballot may not list more candidates than there are positions to be filled. If a ballot contains more names than there are seats to be allocated, the last pre-printed names which were not manually cumulated are struck out, followed by the last manually filled-in names.

6. Ballots are invalid if they do not contain any candidate names from the electoral district.

1. Determinative for the determination of the election result are the party vote numbers.

2. The party vote number consists of

a. the candidate votes, i.e., the votes received by the candidates of a list, and

b. the additional votes, i.e., the number of blank lines on the same list; blank lines also include invalid votes and crossed-out names.

3. The blank lines on the blank lists are disregarded as blank votes.

1. A list group shall only participate in the allocation of seats if

a. one of its lists receives at least 5% of all party votes in a constituency, or

b. the list group achieves a number of votes corresponding to at least 3% of the total cantonal voter share.

2. A quorum shall only apply in municipalities if the municipal regulations provide for it.

1. The number of party votes for a list is divided by the number of seats to be awarded in the relevant electoral district. The result is called the voter number of the list.

2. In each list group, the voter numbers of the lists are added together. The sum is divided by the cantonal election key and rounded to the nearest whole number. The result denotes the number of seats for the respective list group.

3. The State Chancellery sets the cantonal election key in such a way that the 90 seats are allocated according to the procedure outlined in paragraph 2.

4. If the calculation according to paragraph 2 results in equivalent rounding possibilities, the State Secretary shall draw lots in the presence of the responsible parties for the affected lists.

1. The party vote count of a list shall be divided by the electoral district divisor and the list group divisor and rounded to the nearest whole number. The result indicates the number of seats allocated to that list.

2. The State Chancellery establishes for each electoral district an electoral district divisor and for each list group a list group divisor such that, following the procedure in paragraph 1

a. each electoral district receives the number of mandates allocated to it;

b. each list group receives the number of seats allocated to it in accordance with the major allocation.

3. If equivalent rounding possibilities arise during the calculation according to paragraph 1, the Land Secretary shall draw lots in the presence of the representatives of the affected lists.

1. From each list, the candidates who receive the most votes are elected according to the number of seats won.

2. In the event of a tie, the decision shall be made by drawing lots. The lot shall be drawn in the presence of the concerned parties by the Cantonal Clerk in cantonal elections, and by the Municipal Clerk in municipal elections.

3. The candidates who are not elected shall be designated as alternates in the order of their number of votes.

1. If a list in an electoral district is allocated more seats than it has candidates nominated, a supplementary election shall be conducted in accordance with § 45.

1. If a member of an authority resigns during their term of office, the State Chancellery or the municipal administration shall declare the first unelected candidate from the same list (substitute candidate) as elected for the remainder of the term.

2. If a substitute candidate is unable or unwilling to assume the office, the next in line shall take their place.

1. If a seat cannot be filled by an alternate candidate, the signatories of the list on which the departing member was elected have the right to submit a nomination proposal. This requires the written consent of at least 10 signatories of the list.

2. The candidate proposed by the signatories of a list for the supplementary election shall be declared elected for the remainder of the term by the confirmation authority in accordance with § 30 paragraph 4, following the resolution of the nomination proposal (§ 35).

3. If the signatories of the original list do not exercise the right to propose a candidate, a substitute election shall be held according to the majority voting procedure (§§ 28-30).

1. If, after the deadline for submitting election proposals has passed, the number of nominees is not greater than the number of positions to be elected, the certifying authority shall cancel the ballot election by the 41st day before the election day, declare the nominees elected, and publish the names of the elected individuals with a note regarding the possibility of filing a complaint.

2. For the remaining seats, a run-off election shall be conducted in accordance with §§ 29-30.

3. Municipalities shall determine in the municipal regulations for which municipal elections a silent election is possible.

1. The election of the district council and the constitutional council takes place in the electoral districts according to § 48.

2. For elections in the municipalities, each municipal community constitutes an electoral district, unless otherwise specified by the municipal code. In this case, only the primary allocation according to § 40 applies accordingly.

3. If a municipality consists of several electoral districts, § 40, § 41, and § 49 apply accordingly for the allocation and distribution of mandates.

1. The election of the District President and the Constitutional Council will be conducted in the following electoral districts

a. Electoral District Allschwil, comprising the municipalities of Allschwil and Schönenbuch;

b. Electoral District Binningen, comprising the municipalities of Binningen and Bottmingen;

c. Electoral District Oberwil, comprising the municipalities of Biel-Benken, Ettingen, Oberwil, and Therwil;

d. Electoral District Reinach, comprising the municipalities of Aesch, Pfeffingen, and Reinach;

e. Electoral District Münchenstein, comprising the municipalities of Arlesheim and Münchenstein;

f. Electoral District Muttenz, comprising the municipalities of Birsfelden and Muttenz;

f.bis * Electoral District Laufen, comprising the municipalities of Blauen, Brislach, Burg im Leimental, Dittingen, Duggingen, Grellingen, Laufen, Liesberg, Nenzlingen, Roggenburg, Röschenz, Wahlen, and Zwingen;

g. Electoral District Pratteln, comprising the municipalities of Arisdorf, Augst, Frenkendorf, Füllinsdorf, Giebenach, Hersberg, and Pratteln;

h. Electoral District Liestal, comprising the municipalities of Bubendorf, Lausen, Liestal, Lupsingen, Ramlinsburg, Seltisberg, and Ziefen;

i. Electoral District Sissach, comprising the municipalities of Böckten, Buckten, Diepflingen, Häfelfingen, Itingen, Känerkinden, Läufelfingen, Nusshof, Rümlingen, Sissach, Tenniken, Thürnen, Wintersingen, Wittinsburg, and Zunzgen;

k. Electoral District Gelterkinden, comprising the municipalities of Anwil, Buus, Gelterkinden, Hemmiken, Kilchberg, Maisprach, Oltingen, Ormalingen, Rickenbach, Rothenfluh, Rünenberg, Tecknau, Wenslingen, and Zeglingen;

l. Electoral District Waldenburg, comprising the municipalities of Arboldswil, Bennwil, Bretzwil, Diegten, Eptingen, Hölstein, Lampenberg, Langenbruck, Lauwil, Liedertswil, Niederdorf, Oberdorf, Reigoldswil, Titterten, and Waldenburg.

1. For the allocation of seats to the electoral districts, the number of eligible voters in the last federal or cantonal referendum is decisive, provided it took place at least 12 months before the election date.

2. Seats are allocated to the electoral districts according to the following procedure

a. * Each electoral district receives one initial seat.

b. * The number of eligible voters is divided by the number of seats plus 1, minus the seats already distributed according to letter a. The next higher whole number following the result is the distribution number. Each electoral district receives as many seats as the distribution number is contained in its number of eligible voters.

c. * If not all seats are determined by this distribution, the number of eligible voters in each electoral district is divided by the number of already allocated seats increased by 1, without considering the initial seat according to letter a, and the next seat is allocated to the electoral district with the largest quotient. This procedure is continued until all remaining seats are distributed.

d. * If several electoral districts have the same quotient, the final seat is allocated to the district which has the largest fractional remainder in the division according to letter b.

e. * If the fractional remainders according to letter d are identical, the secretary of the district draws lots in the presence of the president of the district council.

f. * ...

1. Votes on fundamental issues must be conducted prior to the drafting of constitutional and legislative provisions.

1. During the constitutional revision, principle votes can be conducted simultaneously with the vote on the initiation of a total or partial revision.

1. The draft constitution fully developed by the Constitutional Council can be presented to the people in the following ways

a. a unified vote on the entire draft,

b. simultaneous voting on separate parts of the constitution (e.g., by sections),

c. staggered voting over individual parts of the constitution.

1. If individual parts are rejected by the people in a vote separated by constitutional sections, the Constitutional Council must draft a second proposal for these parts and submit it to the people.

2. The Constitutional Council determines the time at which the accepted constitutional sections come into force.

3. If constitutional sections are rejected by the people for the second time, the revision is considered failed for these sections.

4. For each constitutional section, it must be expressly stated which provisions of the current constitution are to be repealed.

1. If a part of the constitution is rejected by the people in a staggered vote, the Constitutional Council shall decide whether to first present the remaining parts of the draft to the people or to prepare a second draft.

1. If a referendum is initiated, the signature list (form, sheet, card) must contain the following information

a. the political municipality in which the signer is eligible to vote;

b. the designation of the decree with the date of its adoption by the district council;

c. * a note indicating that it is a criminal offense to falsify the results of a signature collection for a referendum (Art. 282 of the Swiss Penal Code) or to bribe or be bribed during the signature collection (Art. 281 SPC);

d. * the names and addresses of at least 3 originators of the referendum (referendum committee).

1. Eligible voters must write their names and first names legibly and by hand on the signature list, and additionally, they must affix their personal signatures.

1bis. Eligible voters who are unable to write may have their name entered by an eligible person of their choice. This person shall add their own signature next to the name of the person unable to write and maintain confidentiality regarding the instructions received.

2. Eligible voters must provide any additional information necessary to establish their identity, such as date of birth and address.

3. They may sign the same referendum request only once.

1. The signature lists of a referendum must be submitted in their entirety to the State Chancellery.

2. Submitted signature lists will not be returned and cannot be inspected.

1. The State Chancellery shall have the eligibility to vote of the signatories certified by the municipalities.

1bis. The signature lists may be presented to the municipalities for certification of voting rights prior to the submission of the referendum.

2. The municipality certifies that the signatories are eligible to vote in the municipality specified on the signature list and promptly returns the lists to the senders.

3. The certification must indicate the number of certified signatures in words or figures; it must be dated, bear the handwritten signature of the official, and denote the official capacity of the official with a stamp or annotation.

1. The voting certificate shall be refused if the requirements of Section 56 are not met.

2. If the eligible voter has signed multiple times, only one signature will be certified.

3. The reason for refusal must be stated on the signature list.

1. The State Chancellery examines whether the referendum has the required number of valid signatures.

2. Invalid are

a. Signatures on lists that do not meet the requirements of §§ 55 and 58;

b. Signatures from signatories who are not eligible to vote or whose voting rights have not been certified or have been improperly certified;

c. Signatures on lists that have been submitted after the referendum deadline has expired.

3. The State Chancellery allows deficiencies in certification by the municipalities to be rectified, provided the success of the referendum depends on it.

1. The State Chancellery issues an order regarding the realization of the referendum and publishes it in the Official Gazette.

1. A referendum cannot be withdrawn.

1. If no request for a referendum is submitted within the deadline, or if the request for a referendum has not materialized, the State Chancellery shall declare the respective decision of the Landrat as legally binding in an order to be published in the Official Gazette.

1. A public or community petition is considered a formulated initiative if it contains a drafted proposal for the enactment, amendment, or repeal of provisions of the constitution or a law.

2. If the initiative aims to amend or repeal constitutional or legal provisions, it must specify these in the text of the initiative.

1. With the unformulated request, the district council is requested to prepare a proposal in accordance with the request.

2. If the conditions pursuant to § 64 are not met, the popular or municipal request is considered an unformulated initiative.

1. The popular or community initiative for a total revision of the constitution must not contain either guidelines or a draft.

1. Popular and Municipal Petitions shall be limited to a unified regulatory scope.

1. The signature list must be submitted to the State Chancellery before the beginning of the signature collection. The State Chancellery determines whether the formal requirements according to § 69 are met.

2. If the title of an initiative is clearly misleading, contains commercial or personal advertising, or may cause confusion, it shall be amended by the State Chancellery after consultation with the initiative committee.

3. The title and text of the initiative are published in the Official Gazette.

4. The initiative committees may request formal and substantive legal advice from the State Chancellery when drafting a popular initiative. The State Chancellery may involve legal experts.

1. When a popular initiative is presented for signing, the signature list (sheet, page, card) must contain the following information

a. the political municipality in which the signatory is eligible to vote;

b. the wording of the initiative and the date of publication in the Official Gazette;

c. an unconditional withdrawal clause;

d. * a notice stating that anyone who falsifies the result of a signature collection for a popular initiative (Article 282 of the Swiss Criminal Code) or who offers or accepts bribes during the signature collection (Article 281 SCC) is liable to prosecution.

e. the names and addresses of at least 7 authors of the initiative (initiative committee).

1. The provisions established for the referendum concerning signature (§ 56), voting rights certificate (§ 58), refusal of the voting rights certificate (§ 59), and the rectification of defects in the certificate (§ 60 para. 3) shall apply mutatis mutandis to the popular initiative.

1. The signature lists of a people's initiative must be submitted to the State Chancellery in their entirety and no later than 2 years after the publication of the title and text in the Official Gazette.

2. Submitted signature lists will not be returned and cannot be reviewed.

1. The State Chancellery verifies whether a popular initiative has the required number of valid signatures.

2. Invalid are

a. Signatures on lists that do not meet the requirements of §§ 69 and 70;

b. Signatures from signatories who are not eligible to vote or whose voting rights have not been certified or have been incorrectly certified.

1. The State Chancellery shall determine by an order published in the Official Gazette whether the popular initiative has come about.

1. Every popular initiative can be withdrawn by the majority of the initiative committee.

2. The withdrawal is no longer permitted

a. * ...

b. when the government council has scheduled the referendum on a popular initiative.

3. If an initiative is withdrawn, a formulated counter-proposal is subject to an optional referendum, provided that the legislative council resolves this with at least 4/5 of the members present and it is not subjected to a mandatory referendum by a separate resolution.

1. The Executive Council reports to the Cantonal Council on validly established popular initiatives and submits proposals.

2. The Cantonal Council declares initiatives that are impossible or manifestly unlawful to be invalid.

3. Drafted initiatives are submitted to the public for a vote, unchanged in form and content, within 18 months of the official announcement of their establishment.

4. Undrafted initiatives are submitted to the public for a vote within 2 years of the official announcement of their establishment, if the Cantonal Council rejects them in substance. If the public or the Cantonal Council decides to follow the initiative, the Cantonal Council prepares a corresponding proposal within 2 years of approval. The Cantonal Council determines whether it takes the form of a constitutional amendment or a law.

5. The Cantonal Council may propose a counter-suggestion to any initiative.

1. The Government Council submits a proposal to the Cantonal Council within 3 months from the official announcement of the initiative's establishment regarding its legal validity.

2. The Government Council requests the Cantonal Council's approval or rejection of the initiative, generally within the following periods from the official announcement of the establishment

a. * 6 months for formulated initiatives;

b. * 12 months for unformulated initiatives.

2bis. If the people or the Cantonal Council have decided to follow the unformulated request, the Government Council submits a corresponding proposal to the Cantonal Council generally within 12 months from the approval.

3. The Cantonal Council may, in agreement with the initiative committee, order an extension or interruption of the processing deadlines according to § 29 paras. 2 and 3 of the Cantonal Constitution. The decision of the Cantonal Council is final.

4. The Government Council takes appropriate measures to ensure compliance with the processing deadlines.

5. In the event of a delay, the presidency of the Cantonal Court (Department of Constitutional and Administrative Law) sets the voting date upon request of the initiative committee, after hearing the Government Council and the Cantonal Council.

1. Only a formulated counterproposal may be set against a formulated initiative. The counterproposal may pertain to a different level of enactment than the initiative.

2. A non-formulated initiative may be opposed by either a formulated or non-formulated counterproposal.

1. Initiatives and any opposing counterproposals shall be presented to the voters together for a vote.

2. The procedure is governed by Section 20 of this Act.

1. Community Requests According to § 49 Paragraph 1 of the Constitution are made through concordant resolutions of the community assemblies or the residents' councils. These resolutions are not subject to a referendum.

2. The request must contain the following details

a. the specification of the resolution against which the referendum is directed, or the exact wording of the initiative;

b. for initiatives, an unconditional withdrawal clause; if applicable, the authorization to the municipal council to withdraw the initiative (§ 81c Paragraph 2);

c. the designation of the leading community.

1. The State Chancellery establishes by order to be published in the Official Gazette whether the municipal petition has materialized.

2. It is authorized to have formal defects corrected directly by the relevant municipalities.

1. Any municipal initiative may be withdrawn.

2. The municipal assembly or the municipal council can authorize the municipal council in advance to withdraw the initiative.

3. The withdrawal is considered decided if requests are withdrawn by so many municipalities that the quorum of 5 municipalities is no longer met.

4. § 74 paragraph 2 applies accordingly.

1. Sections 54-57, 59-63, 67-74, 78, Sections 78a paragraphs 3-5, 79, 81, and 91 shall apply mutatis mutandis to the referendum and popular initiative within the municipality. The provisions of the Municipal Law of May 28, 1970, shall remain reserved.

2. The publications shall be made in the official publication organ of the municipality.

3. The competent authorities are: the municipal administration instead of the state chancellery, the municipal council or the citizens' council instead of the government council, and the municipal assembly or the citizens' council instead of the cantonal council.

1. An appeal may be lodged with the government council

a. due to the violation of voting rights;

b. * due to inadequate preparation and conduct of votes and elections; § 88 para. 1 lit. b remains reserved;

c. * against interim orders of the procedural authority according to § 28 of the Administrative Procedure Act of Basel-Landschaft[6], based on items a and b.

2. The right to appeal against decisions of the municipal administration regarding the preliminary review of a popular initiative is granted only to the majority of the initiative committee.

3. The appeal must be submitted within 3 days of discovering the grounds for appeal or upon the issuance of the decision, but no later than the 3rd day after the proper publication of the result.

1. The appeal only has suspensive effect if it is ordered by the government council upon request or ex officio.

1. If the Government Council identifies deficiencies, either upon complaint or ex officio, it shall take the necessary measures to remedy them, if possible, before the conclusion of the voting or election procedure.

2. It shall annul a vote or election if it finds deficiencies that, by their nature and extent, were capable of significantly influencing the result.

3. Complaints pursuant to § 83 paragraph 1 are free of charge, subject to § 20 paragraph 2 of the Administrative Procedure Act of June 13, 1988.

1. Decisions of the Government Council on appeals concerning federal votes and elections are final, subject to federal legal remedies.

1. An appeal may be filed with the Cantonal Court (Department of Constitutional and Administrative Law)

a. against decisions of the Government Council regarding complaints pursuant to § 83 para. 1;

b. against orders, actions, and omissions of the Government Council due to violations of voting rights or due to inadequate preparation and conduct of referendums and elections;

c. against orders of the State Chancellery under this law.

2. The right to appeal against orders of the State Chancellery regarding the preliminary examination of a popular or municipal initiative is reserved only to the majority of the initiating committee or the leading municipality.

1. The appeal must be submitted to the Cantonal Court (Division of Constitutional and Administrative Law) within 3 days from the issuance of the decision or order.

2. It only has suspensive effect if it is ordered by the Cantonal Court (Division of Constitutional and Administrative Law) upon request or ex officio.

1. For the calculation of deadlines, the following applies

a. * The day on which the period (discovery of the grounds for complaint, publication of the result, delivery of the notice) begins is not counted.

b. If the last day of the period is a public holiday (Sunday or cantonal holiday) or a Saturday, the deadline ends on the next working day.

c. Appeals or objections submitted by mail are considered timely if they bear the postmark of the last day of the deadline.

1. The Government Council may promote and support projects to increase voter turnout or carry them out themselves. It may, while maintaining the confidentiality of the vote, commission targeted studies on voting behavior.

1. The following are repealed

a. the Law of November 26, 1959, on Elections and Voting;

b. the Law of October 10, 1921, concerning the Voting Rights of Debtors with Unsuccessful Seizures and Bankrupts;

c. § 12 para. 2, § 51 para. 5, § 84 para. 2, § 106 paras. 2 and 3, § 135 para. 1 and § 141 para. 3 of the Municipal Law of May 28, 1970;

d. § 26 of the Law of May 30, 1911, concerning the Introduction of the Swiss Civil Code;

e. the Law of April 4, 1968, on Eligibility for Authorities and Offices;

f. § 4 of the Organization Law of April 28, 1958;

g. §§ 35-37 of the Law of August 31, 1891, concerning the Introduction of the Federal Law on Debt Collection and Bankruptcy;

h. § 11 of the Law of October 30, 1941, concerning the Introduction of the Swiss Criminal Code;

i. § 12 no. 3 of the Law of September 21, 1961, concerning the Code of Civil Procedure (CCP);

k. the Resolution of the Landtag of December 5, 1870, concerning Explanations of Referendums on Laws.

1. Sections 8 Paragraph 1, 51 Paragraph 1, 52, 66 Paragraph 3, 106 Paragraph 1, 123 Paragraph 3, and 137 Paragraph 2 of the Municipal Act of May 28, 1970 are amended as follows: ...

1. For all municipal bodies whose term of office expires on December 31, 1983, this term is extended until June 30, 1984.

2. The term of office for the electoral offices will begin anew on July 1, 1984.

1. The government council issues the implementing regulations.

1. The District Administrator decides on the enactment of this law.

2. To the extent that it contains implementing provisions concerning federal law, it requires approval by the Federal Council.

1. Signature lists of a popular initiative already published in the official gazette must be submitted to the State Chancellery in their entirety and no later than 2 years after the amendment of 16 September 2021 comes into force.

2. The processing deadlines according to § 78a paragraphs 1, 2, and 2bis are only applicable to non-formulated initiatives that have come into being after the entry into force of this amendment on 16 September 2021.