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138.100 CH-BS

Act concerning Resignation from Authorities, the Restriction of Voting in Elections, and the Exclusion of Eligibility of Relatives to Members of Authorities

8 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Table of Provisions (8)

Statutory Text (8 Articles)

**Departure from Authorities - Regular Departure**

1. A member of an authority or an officer of the state or a municipality shall recuse themselves from handling and deciding a matter if

1. They have a personal interest, i.e., in their own matter, or in a matter from which they may expect to gain an advantage or suffer a disadvantage.

2. Their relatives are involved in a direct line or collateral line up to the third degree (siblings, uncles, aunts, nephews, and nieces), and also when persons related by marriage are involved.

3. * Persons are involved with whom their spouse, fiancé(e), registered partner, or person living with them in a de facto domestic partnership, or with whose spouse, fiancé(e), registered partners, or person living with them in a de facto domestic partnership they are related as per point 2, even if the marriage has been dissolved by death or divorce, or the registered partnership has been dissolved.

4. * A person involved is their (including divorced) spouse, their fiancé(e), their registered partner (even after the dissolution of the partnership), or the person with whom they are living in a de facto domestic partnership.

5. * A person involved for whom they are a comprehensive guardian or custodian.

6. A person involved with whom they jointly operate a business or by whom they are employed or engaged.

7. A corporation, foundation, or institution is involved, provided they are a member of its leadership; additionally, in courts when the state or a state administration, a municipality or municipal administration is involved, provided they are a member of the relevant municipal authority or administrative authority.

2. ...

Resignation in Authorities - Resignation in the Grand Council

1. A member of the Grand Council is required to recuse themselves from this body only in the case of personal interests, specifically those concerning themselves and those of their spouse, fiancé(e), registered partner, a person with whom they have a de facto domestic partnership, their relatives, and in-laws in the direct line and collateral line up to the second degree (siblings, brother-in-law, and sister-in-law). In cases of other involvement, recusal is left to their conscience.

Withdrawal from Authorities - Withdrawal in the Case of Involvement of an Insolvency Estate

1. In cases involving a bankruptcy estate, the withdrawal of creditors shall be limited in the instances described in § 1 items 2 and 3 to relatives in the direct line and to siblings; in the case of § 1 item 7, no withdrawal shall take place.

Withdrawal in Authorities - Withdrawal Involving a Corporation

1. a) Shareholders and Their Spouses, Fiancés, Partners in Registered Partnerships or de Facto Cohabitation, and Relatives

In the case of participation by a corporation or a partnership limited by shares, only the shareholders themselves, and not their spouses, fiancés, registered partners, or persons with whom they have a de facto cohabitation, nor their relatives, are exempt from exit. However, if the share capital amounts to at least ten million Swiss francs and the number of shares is at least ten thousand, each shareholder's exit is negated. Similarly, if a corporation with a capital of at least one million Swiss francs and at least one thousand shares is involved as a creditor within a bankrupt estate, the exit is negated.

2. b) Employees

In contrast, directors, board members, managers, and employees of a corporation only have an advisory voice in the Grand Council and administrative authorities; they are obligated to exit judicial authorities.

Withdrawal from Authorities - No Withdrawal in State and Municipal Affairs

1. An exit does not occur in the treatment and decision of matters which concern the state or a municipality, its administration, or institutions in general.

Limitation of Voting Rights in Elections

1. In elections for members of the Grand Council, the Grand City Council, the municipal councils, and for masters and superintendents of guilds and honorable societies, there are no restrictions on voting.

2. In elections conducted in the Grand Council and the Grand City Council, as well as in parish elections, a voter may not cast a vote for themselves, their spouse, their fiancée, their registered partner, a person with whom they maintain a de facto cohabitation, their relatives and in-laws in the direct line, nor for their brother or brother-in-law.

3. In all other authorities, a member may not vote for themselves or any such persons due to whom they are in a state of recusal under § 1.

Exclusion of Eligibility for Election to Membership of Authorities

1. Relatives, in-laws in the direct line, persons connected through marriage, engagement, registered partnership, or factual cohabitation, as well as siblings, cannot be members of the same authority of the state or the municipality (excluding the Grand Council and the Grand City Council and when holding an office ex officio). Likewise, members of the Small Council cannot have such relationships with the State Secretary and the Council Secretary, and these two officials among themselves, nor can members of the Small City Council with the City Secretary.

2. The election of such a person is only valid if the concerned member of the authority or the concerned official declares that they will resign from their position in this case.

Exclusion of Eligibility for Election to Membership of Authorities

1. The provisions set forth in Sections 2, 6 and 7 for the Grand Council shall apply correspondingly to the Extended Citizens' Council of the city and the Extended Municipal Council of a rural municipality.

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