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138.200 CH-BS

Act concerning the Procedure in Cases of Incompatibility of Public Offices

3 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Statutory Text (3 Articles)

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1. If an election or the resolution of a National Council mandate results in more than one member of the Government Council simultaneously belonging to the National Council, the following rules apply

1. The member of the authority who held office in both the Government Council and the National Council prior to the relevant election and any preceding first ballot is given precedence over members of the authority who newly combine both positions.

2. If no prior dual membership as per paragraph 1 is decisive, and absent an agreement among the elected members, a decision shall be made by drawing lots within eight days, and subject to the following paragraph 3, as to who may belong to both the Government Council and the National Council.

3. If a member of the authority has, without interruption, belonged to both the Government Council and the National Council for more than ten years simultaneously, then in the event of incompatibility, the other members of the authority are given precedence over them.

2. The elected members who are not entitled to hold both mandates must declare to the Government Council which mandate they will relinquish.

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**1.** If, contrary to the constitution or law, relatives or individuals connected by marriage, engagement, registered partnership, or de facto cohabitation are simultaneously elected as members of a public authority, or if, among members of a public authority, a relationship arises due to marriage or registered partnership, or they enter into an engagement or de facto cohabitation, the provisions of § 1 Nos. 1 and 2 shall apply mutatis mutandis.

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1. The decision by lot shall be made by the office of the Grand Council.

2. If an objection has been raised against the elections, the validation must be awaited.

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