Act on Elections and Votes (Wahlgesetz) - Scope

1. This Act applies to

a) cantonal elections and referendums;

b) the conduct of federal elections and referendums, insofar as these are not regulated by federal law;

c) the elections and referendums of the municipalities of Bettingen and Riehen and the citizens' municipalities, insofar as their electoral and referendum regulations refer to this Act.

1. The eligible voters exercise their right to vote in the municipality where they reside and are registered.

2. Anyone who submits an identification document other than the certificate of origin (such as a domicile certificate, interim certificate, etc.) establishes a political residence only by proving that they are not registered in the electoral register at the location where the certificate of origin is deposited.

1. Entitled to vote is any individual who has reached the age of 18 and is not under a comprehensive guardianship due to permanent lack of judgment or represented by an appointed precautionary agent.

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

2. Entries must be made by the fifth day before a voting or election Sunday, provided the conditions for participation in the latter are met.

3. The electoral registers for the city and the civic community of the city of Basel are maintained on their behalf by the competent department, and for Riehen and Bettingen by the municipal administrations, which decide on the entries.

4. The competent department maintains a central electoral register for Swiss citizens abroad who have registered in accordance with Art. 5 of the Federal Act on the Political Rights of Swiss Citizens Abroad dated December 19, 1975.

5. The electoral registers shall be open to inspection by eligible voters.

1. Based on the electoral register, eligible voters receive a voting card at least three weeks and at most four weeks before the voting day.

2. ...

3. Eligible voters who credibly demonstrate that they have not received or have lost their voting card may obtain a new one from the Office of Elections and Referendums or from the municipal administrations by no later than Friday, 4:00 PM, before the election or voting Sunday.

1. Voting is to be conducted personally at the ballot box, by mail, or electronically.

2. The official election and voting ballots must be used.

3. The secrecy of the vote must be maintained.

1. Polling stations with sealable ballot boxes are provided for in-person voting.

2. The opening hours are determined by the government council or the municipal councils.

1. Postal Voting is Permitted from Receipt of Election and Voting Materials. The election and voting ballots must be received by the Election and Voting Office or the Municipal Office by 12:00 noon on the day before the election and voting Sunday. Ballots arriving later will, in any case, remain unconsidered.

1. Voting may be conducted electronically if the technical and organizational prerequisites for proper execution are met.

2. The government council may limit the exercise of electronic voting by location, time, and subject matter.

3. If a vote is cast in multiple ways, the vote first registered by the electoral authority shall be considered valid; others will be disregarded. This is subject to the criminal provisions regarding election fraud.

1. Voters who are unable to perform the actions required for voting (such as filling out ballots, etc.) due to a physical disability or for any other permanent reason may have these actions executed by other eligible voters.

2. Any further or organized proxy voting is not permitted.

3. The Government Council shall regulate the modalities of voting through third parties.

1. The competent department as well as the municipal administrations designate the polling stations and set them up.

2. The required number of polling stations is determined by regulation.

1. Operation and order in the polling stations are entrusted to an election office consisting of at least three members entitled to vote.

2. The members of the election office carry out the counting of the votes and determine the election and voting results after the polling station is closed. They transmit their results to the central election office.

2bis. During votes and majority elections, the members of the election office of the city of Basel transmit all ballots cast at the polls to the central election office for the counting of votes and determination of results.

2ter. In the municipalities of Bettingen and Riehen, the municipal council may request the other municipality or the central election office to count the votes and determine the results in votes and majority elections.

3. The details are regulated by ordinance.

1. A central election office appointed by the Government Council compiles the partial results from the polling stations and determines the final cantonal result.

1. Technical aids may be used to determine the election and voting results.

2. In this context, individual ballot papers can be consecutively numbered and compiled on a ballot sheet. Ballot papers for federal proposals are listed first on the ballot sheet, followed by cantonal ballot papers.

3. When designing a double-sided printed ballot sheet, care must be taken to ensure that voting secrecy is maintained during personal voting.

4. The municipalities of Bettingen and Riehen may have their municipal ballot papers listed together with those of federal and cantonal votes on the same ballot sheet and in the third position.

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

1. The government council appoints eligible voters to observe the conduct of the voting processes at the individual polling stations and the determination of the results.

2. The number of appointees is determined by regulation.

1. The members of the electoral offices and the representatives of the government council shall be compensated for their activities. The amount of compensation shall be determined by regulation.

1. The civic municipality of the city of Basel is supported by the competent department in the preparation and execution of its elections and referendums.

1. The Executive Council sets the election and voting date. Elections are generally to be announced three months in advance, and referenda two months in advance.

1. With the voting identification card, official voting and election ballots, as well as voting materials, are to be delivered to the eligible voters.

1. Ballots and Voting Slips are Invalid if

a) they are not official;

b) they are filled out using a duplication process;

c) they or the ballot pursuant to § 12a para. 2 are not stamped by the election office during personal voting;

d) they contain defamatory remarks;

e) in majority elections, the number of names marked according to § 68 and written on the blank lines exceeds the number of positions to be filled.

1. Individual votes shall be invalid if they

a) do not clearly indicate the intention of the voter;

b) are cast for an ineligible person.

1. Ballots are considered blank if they have not been filled out at all.

2. In majority elections, ballots are also considered blank if all the names marked in accordance with § 68 and written on the blank lines have been crossed out again.

1. Votes are considered void if on valid ballots one of multiple questions is left unanswered.

1. In determining the result of an election or vote, invalid and blank ballots and votes shall be disregarded. Section 49 paragraph 2 remains reserved.

2. The absolute majority in majority elections is calculated according to Section 70.

1. The result of the elections or votes shall be recorded by each polling station or, where applicable, by the central electoral office responsible for counting the votes, in a report signed by at least three members.

2. The central electoral office shall draw up a final report.

3. The content of the reports shall be determined by regulation.

1. The results of the elections and referenda shall be published in the Cantonal Gazette with reference to the right of appeal.

2. The elected individuals shall be informed of their election in an appropriate manner.

3. The central electoral office shall submit the election and referendum records to the government council.

1. Upon the expiration of the appeal period without use or following the conclusion of the appeal process, the Grand Council shall establish the results of the elections and the Government Council shall establish the results of the votes as binding, upon the proposal of the Council Office.

2. These decisions shall be published in the Official Gazette of the Canton.

1. In addition to the provisions of this Act, the provisions of the Act concerning Initiative and Referendum (IRG) apply to votes.

1. A brief, factual explanation of the proposal by the government council, which also takes into account opposing views, must be included with the voting documents.

1. Votes with more than one question are to be conducted with conditional alternative voting (double yes with a run-off question) in accordance with § 28 paragraph 1 IRG.

1. The official ballot paper contains the voting questions and next to each question, boxes for checking the possible answers.

1. For the adoption of a voting proposal, a majority of the valid votes is required. In the event of a tie, the proposal is considered rejected.

2. For determining the result of a conditional contingent vote, § 28 paragraphs 2 and 3 IRG apply.

1. Elected by proportional representation

a) the Grand Council;

b) the Constitutional Council.

1. The following are elected by means of the majoritarian electoral system

a) the members of the Executive Council;

abis) * the President of the Government;

b) the member of the Council of States;

c) * the Presidents of the courts subject to popular election.

d) * ...

1. If the number of nominees corresponds to the number of positions to be filled, the Executive Council shall cancel the scheduled election and declare the nominees as elected.

2. This decision shall be published in the Cantonal Gazette with reference to the right to appeal.

3. This procedure does not apply to the election of the Great Council, the first round of the Executive Council election, the election of the President of the Executive Council, or the first round of the Council of States election.

1. The Grand Council is elected for a term of four years.

2. The term of office of the Grand Council begins on February 1 following the new elections.

1. The members of the Executive Council and the President of the Executive Council are elected for a term of office of four years.

2. The term of office begins and ends with the term of office of the Grand Council.

3. A by-election is held for the remainder of the term of office.

1. Nomination proposals must be submitted to the competent department using the official form. They must be in the possession of the Office for Elections and Voting by no later than the eighth Monday before election Sunday, at 9:00 AM.

2. ...

1. Nomination proposals must be signed by at least 30 eligible voters, and in single-member constituencies by at least 10 eligible voters, who reside in the respective municipality.

2. Eligible voters are allowed to sign only one nomination proposal per election and per constituency. They cannot withdraw their signatures after the submission of the nomination proposal.

3. Nominees are not permitted to sign their own nomination proposal.

4. The first signatory, or in their absence, the second signatory, represents the nomination proposals to the authorities. In this capacity, the representatives are authorized and obliged to provide all necessary declarations with binding effect.

5. Parties or groups that have secured at least one seat in the Grand Council for the current term are exempt from the signature requirement according to paragraph 1 throughout the entire canton. Two individuals eligible to vote in the Canton of Basel-Stadt must sign the nomination proposal, representing it to the authorities.

1. Each nomination must include

a) an appropriate list label that allows for differentiation from other nominations;

b) the surname, first name, year of birth, profession, and residential address of the nominees;

c) the surname, first name, year of birth, and residential address of the signatories;

d) an irrevocable declaration of consent to candidacy, signed by the nominees.

2. Furthermore, each nomination may not contain more nominees than there are mandates to be awarded or positions to be filled in the electoral district.

3. In elections conducted under the proportional representation system, the nominees may be listed three times.

4. In elections conducted under the majority vote system, the nominees may be listed once.

1. The competent department reviews the submitted election proposals for compliance with all relevant provisions. It may make deletions ex officio.

2. To eliminate any ambiguities and deficiencies, the competent department sets a three-day deadline for the representatives.

1. Persons who are candidates in different constituencies or on multiple nomination lists of the same constituency shall be removed from all nomination lists by the responsible department.

1. The competent department informs the representatives about the deletions made ex officio and sets them a deadline of three days to submit replacement proposals.

2. The replacement proposals must be accompanied by the declaration of consent in accordance with § 37 para. 1 lit. d.

1. After the expiration of the deadlines set for the rectification of defects and additions, no further changes may be made to the electoral proposals.

2. The competent department shall make any necessary corrections itself and on a final basis.

1. For the election, the canton is divided into the following electoral districts: Greater Basel-East, Greater Basel-West, Lesser Basel, Riehen, and Bettingen.

2. The boundary between Greater Basel-East and Greater Basel-West runs along a line that follows the canton border at Binningen along the Birsig to Heuwaage and from there through the Steinengraben, over Holbeinplatz, through Leonhardsgraben, Petersgraben, and through the upper part of St. Johanns-Rheinweg to the Rhine, with the center of the aforementioned streets and squares forming the boundary.

3. The election takes place in the individual electoral districts based on the proportion of their population. Following each federal census, the number of seats allocated to each electoral district is determined by a decision of the Grand Council.

4. Each electoral district is entitled to at least one seat.

1. The electoral proposals revised in accordance with § 41 are referred to as lists. They are assigned ordinal numbers.

2. The lists of the same party or grouping bear identical designations and the same ordinal numbers in all constituencies.

1. List alliances are excluded.

1. The lists shall be published in the Canton Gazette with their titles and order numbers.

1. Voters must be provided with all the lists of their electoral district as ballots, as well as a Free List. All lists must contain as many lines as there are mandates to be awarded in the electoral district.

1. Employees of the Canton of Basel-Stadt who regularly and significantly contribute to the formation of opinions and the preparation of decisions by the Executive Council may not be members of the Grand Council.

2. The following are considered employees contributing as per Paragraph 1

a) The heads of administrative organizational units directly following the departments (sections and staff units as per § 26 Paragraph 2 of the Organizational Act) and their deputies;

b) Employees of these and other administrative organizational units who, based on their job descriptions, regularly and significantly contribute to the formation of opinions and the preparation of decisions by the Executive Council.

1. Only those candidates who have been validly nominated and appear on a constituency's list are eligible for election.

2. Voters have as many votes as there are seats to be filled in the constituency.

1. The eligible voters may submit a ballot unchanged or modify it in any of the following ways

a) Strike through names;

b) Insert names from other lists within their electoral district (cross-list voting);

c) List a candidate’s name up to three times (accumulating votes);

d) Strike or replace the list designation and sequence number with others.

2. When using the Open List, the designation or sequence number of a list may be applied, and the names of candidates may be recorded once, twice, or three times.

3. An Open List is also considered to be one whose designation and sequence number are struck through and not replaced by another designation or number.

1. The list votes of a party are determined by the sum of the votes cast for the names on the same party list, as well as the additional votes.

2. Additional votes include invalid votes, crossed-out names, and blank lines. They are attributed to those lists that bear their designation and order number.

3. Invalid votes and blank lines on an open list are disregarded.

4. Surplus votes for a candidate or votes for surplus candidates are not taken into account.

1. The allocation of seats in an electoral district among the individual lists is proportional to the number of votes each list has received in that district.

1. The sum of all list votes is divided by the number of mandates to be allocated. The whole number following the quotient is considered the electoral number.

2. Each list is allocated as many seats as the electoral number is contained in its total number of votes.

1. If not all seats can be allocated through the first distribution, the total number of votes for each list shall be divided by the doubled number of seats it was allocated according to § 52 paragraph 2, increased by one.

2. The first remaining seat is allocated to the list with the highest quotient.

3. This procedure is repeated until all seats are allocated.

1. If two or more lists have the same right to the last seat due to equality of the quotients, the list with the largest remainder according to § 53 Para. 2 has priority.

2. If the remainder numbers are also equal, the list whose candidate has the higher number of votes has priority.

3. If the number of votes is also equal, the decision is made by drawing lots.

1. The candidates elected to the seats allocated to each list are those who have received the most votes.

2. The unelected candidates are designated as substitute candidates for succession in the order of the votes they received.

3. In the event of a tie, the decision is made by lot.

1. If a list is allocated more seats than it has candidates, a supplementary election shall be conducted in accordance with § 60.

1. If only one member is to be elected to the Grand Council in an electoral district, votes may be cast for each validly nominated person.

2. The candidate who receives the most votes is elected.

3. In the event of a tie, the decision is made by drawing lots.

1. Members of another authority and employees of the Canton of Basel-Stadt elected to the Grand Council, who, according to § 71 of the Constitution and § 46a of this law, are not permitted to belong to the Grand Council, must declare whether they wish to continue belonging to the other authority or working for the Canton of Basel-Stadt, or whether they wish to belong to the Grand Council.

2. Failure to make such a declaration before the commencement of the term of office of the Grand Council shall be considered as a waiver of the acceptance of the office as a member of the Grand Council.

1. If an elected person is unable to take office or leaves during the term, the government council shall declare the first substitute candidate from the same list elected. If applicable, the person declared elected must make a statement according to the provisions of § 58a paragraph 1. The absence of such a statement by the start of the second subsequent regular session of the Grand Council is considered a waiver of the acceptance of the office as a member of the Grand Council. The provisions of §§ 24 and 25 shall apply accordingly.

1. If a seat cannot be filled by succession, the signatories of the list to which the elected person belonged have the right to submit a nomination. The nomination requires the approval of at least three-fifths of the signatories of the original list.

2. After the nomination has been finalized, the election is conducted in accordance with § 32 paragraphs 1 and 2.

3. If the signatories of the original list do not exercise their right to nominate, an election is held in accordance with § 58.

1. The application of § 60 is excluded for succession in a single-member constituency.

2. An election pursuant to § 58 takes place.

1. The Constitutional Council is elected according to the provisions regarding the election of the Grand Council.

2. If the corresponding conditions are met, § 32 paragraphs 1 and 2 may be applied.

1. For the elections according to § 31 lit. a - c, the entire canton forms an electoral district.

1. Eligible for election is anyone who fulfills the legal requirements for the respective office, even if no nomination has been submitted.

2. Eligible for election as President of the Government is a person who is simultaneously elected by the respective elector as a member of the Government Council or is already elected as a member of the Government Council.

1. The election proposals revised in accordance with § 41 shall be assigned serial numbers and published in the Canton Gazette with their designations and serial numbers.

1. The official ballot paper shall contain

a) the finalized electoral proposals in the order of their assigned serial numbers and their designations;

b) blank lines corresponding to the number of candidates to be elected;

c) a box next to each name and each blank line for marking with a cross.

1. The voters have as many votes as there are positions to fill.

2. Only one vote may be cast for each candidate, whether female or male.

1. The eligible voters may on the ballot paper

a) tick the pre-printed names of candidates;

b) write the names of eligible persons on the blank lines;

c) strike through ticked pre-printed names or names written on the blank lines.

1. In the first ballot, those candidates are elected who achieve an absolute majority and gather the highest number of votes.

2. In the event of a tie, the decision is made by drawing lots.

1. To determine the absolute majority, the total number of valid and blank ballots is divided by two. The whole number following the quotient is the absolute majority.

2. The determination of the absolute majority is carried out individually for the election of the members of the Government Council and the election of the President of the Government.

1. If fewer candidates achieve the absolute majority than there are positions to be filled, a second election round must be conducted, subject to § 32. This second round should generally take place within four weeks following the first election round.

2. If in the first election round a person achieves the absolute majority as President of the Government but not as a member of the Government Council, the election of the President of the Government will occur in the second election round.

1. Nomination proposals for the second ballot can be submitted by the representatives of the proposals for the first ballot without the participation of the other signatories.

2. New nominations must meet the requirements of Sections 36 and 37.

3. All nominations must be in the possession of the Office of Elections and Voting no later than Wednesday, 12:00 noon, following the first ballot.

4. The publication of the nominations with designations and sequence numbers must occur immediately after their rectification in the Canton Gazette.

1. Eligible voters shall receive a new voting card and the official ballots in accordance with § 66 at least ten days before the election.

1. The provisions of sections 67 and 68 shall apply mutatis mutandis to the voting process.

1. In the second round of voting, the candidates who receive the most votes are elected.

2. In the event of a tie, the decision is made by lot.

1. The election of the Government Council and the President of the Government takes place simultaneously with the election of the Grand Council.

2. A by-election for individual members of the Government Council and the President of the Government shall be conducted within a reasonable period of time.

1. If the President of the Government leaves office during their term, a replacement election shall be held.

2. If the President of the Government resigns during their term without simultaneously resigning as a member of the Government Council, only a current member of the Government Council is eligible to be elected as President of the Government.

1. The member of the Council of States is elected for a term of four years. The election takes place simultaneously with the National Council election.

2. A by-election is conducted for the remainder of the current term of office. It is held within a reasonable period.

1. The provisions of federal law regarding the political rights of Swiss citizens abroad apply mutatis mutandis to their participation in the Council of States elections pursuant to § 44 paragraph 3 of the Constitution.

1. In addition to the provisions of this law, the regulations of the Court Organization Act (GOG) apply to the elections pursuant to § 31 lit. c.

2. The elections can be combined with other voting events.

3. A replacement election takes place within a reasonable period.

1. The Government Council shall order a recount for individual or all polling stations if there are substantial reasons to question the reliable determination of the result of an election or a vote.

2. The officials appointed by the Government Council and the members of the affected polling station(s) are responsible for the recount. The members of the polling station(s) are designated by the competent department.

3. Voters have no entitlement to the ordering of a recount pursuant to this provision.

1. For complaints regarding federal elections and referendums, Articles 77 et seq. of the Federal Act on Political Rights apply.

1. An appeal can be lodged with the Government Council

a) for violations of voting rights according to §§ 2 - 5, § 6 para. 1, and § 9 (voting rights complaint);

b) for irregularities in the preparation and conduct of elections and referendums (election and referendum complaint).

2. The appeal must be submitted in writing and with justification within five days of becoming aware of the grounds for the appeal, but no later than the fifth day after the publication of the results in the Canton Gazette.

1. Suspensive Effect: The appeal has a suspensive effect if ordered by the Executive Council. Section 87 remains reserved.

1. If the Government Council identifies irregularities upon appeal or ex officio, it shall take the necessary measures to rectify them before the conclusion of the election or voting process.

2. If there are irregularities that, by their nature and scope, were capable of significantly influencing the outcome, the Government Council shall annul the election or vote.

1. Appeals against decisions of the Government Council concerning electoral and voting complaints pursuant to § 83 may be filed with the Administrative Court.

2. The appeal must be submitted in writing and with reasons within five days from the notification of the decision.

3. The appeal has suspensive effect if ordered by the Administrative Court. § 87 remains reserved.

1. Final appeal decisions regarding the validity or annulment of elections and votes are published in the Canton Gazette. Decisions on validity are to be published with the binding determination of the results.

1. If the annulment of an election or vote necessitates a repetition, the corresponding arrangements must be made without delay.

1. The members of the Grand Council elected pursuant to § 56 shall have seat and voice until the annulment of the election.

2. In the other cases, the elected individuals shall exercise their office until the annulment of the election, unless the complaint filed pursuant to § 81 or § 84 is granted a suspensive effect.

1. The Act on the Rules of Procedure of the Grand Council of March 24, 1988, is amended as follows

1. Upon the entry into force of this Act, the Act concerning Elections and Referendums of April 29, 1976, is repealed.

1. The Government Council shall issue the ordinances for the implementation of this Act.

1. This law is to be published following the enactment of the amendment and the transitional provision of April 21, 1994, pursuant to Sections 26 paragraphs 1 and 2 and 57a of the Constitution of the Canton of Basel-Stadt. It is subject to a referendum and becomes effective upon its entry into legal force.