Constitution of the Canton of Zug, (1894)

If the present constitution is accepted by the majority of the voters participating in the vote, it must be published without delay and it enters into force immediately.

Existing laws and ordinances, insofar as they are not contrary to the current constitution, shall remain in force until they are modified by the competent authorities.

Laws and ordinances that are contrary to the constitution must be immediately revised.

The Grand Council shall designate specific committees for the preliminary examination of these draft laws.

When the constitution or a law refers to persons of the male gender, persons of the female gender are also encompassed by this provision, unless the contrary is expressly stated or is evident from the purpose of the provision.

The Grand Council shall immediately after the adoption of the constitution set the dates on which the authorities provided for by this fundamental law must be elected and determine the duration of their mandates.

The elections of political and judicial authorities cannot take place simultaneously.

The term of office for the members of the Council of States that began on January 1, 2007, is extended by one year. It ends at the beginning of the winter session of 2011 of the Council of States.

The municipal secretaries elected by ballot before the entry into force of § 78, para. 1, let. c, of the Cantonal Constitution shall remain in office until the end of the current administrative period.

The right of domicile is inviolable. Exceptions are reserved as provided by law and aimed at protecting a prevailing public or private interest.

Freedom of expression through speech and writing, as well as the right to petition, the right of association, and the right to assemble are guaranteed. The abuse of these rights is subject to the provisions of the Criminal Code.

The property of private individuals, clerical or secular corporations, and municipalities is inviolable. Under the high supervision of the State, municipalities, as well as clerical and secular corporations, may manage their assets and utilize the income within the framework of the law and the regulations of the foundations.

The creation of new corporations is subject to the approval of the Grand Council.

The transfer of real estate for public purposes may only be requested by the State or municipalities for considerations of general welfare, and against full compensation.

The transparency of state finances is guaranteed. No voter in the canton can be denied access to them.

The freedom of trade and industry is recognized. Within the limits of the Federal Constitution, the law sets forth the restrictive provisions required for general welfare.

Buildings are insured, within the framework of the law, against damage caused by fire or natural elements, with the cantonal property insurance.

Taxpayers must contribute to the burdens of the State and the municipalities in proportion to the resources they have at their disposal.

Exempt from tax are: the State, municipal communes, civic communes, parishes, ecclesiastical properties and benefits, as well as their proceeds, wealth and income devoted exclusively to public utility purposes. The law may allow for other exemptions and tax relief.

The status of a voter entails a moderate and equivalent contribution to public burdens.

The State has the right to decide, in addition to existing taxes, on new indirect taxes. It forwards to the municipal communes the share of tax revenues currently provided for. The law defines the percentage in the field of new indirect taxes.

The State levies an inheritance tax whose progression increases according to the degree of kinship and the size of the estate. The law determines the degrees of kinship and the minimum amounts that are exempted. Furthermore, the law regulates the distribution of the inheritance tax between the canton and the municipal communes, with at least half going to the municipal communes.

Legislation will adopt provisions to more precisely determine fiscal capacity.

Each voter is obliged to attend municipal meetings and participate in negotiations.

Electoral corruption and electoral intimidation are prohibited. The corrective criminal law will determine the penalty for these offenses.

The authorities and officials of the canton, elected by the people or by the Grand Council, as well as the communal authorities and officials elected by the people, shall swear an oath to the constitution and the laws at the beginning of each administrative period.

The state and the municipalities, as well as their authorities and officials, are liable for their actions within the limits of the law.

Other public law corporations and institutions are responsible to the same extent.

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Members of the Grand Council, the Council of State, the Supreme Court, and the Administrative Court shall not incur any liability for oral and written statements made during debates in the Grand Council and its committees.

In cases of abuse, the Grand Council may lift the immunity.

The following cannot simultaneously be part of a judicial or executive authority: a. two spouses, two registered partners, or two persons who have been cohabiting long-term; b. relatives and in-laws, in direct line or up to the third degree in collateral line; c. two persons whose spouses or registered partners are siblings.

The same rule applies between the members and the clerk of such an authority.

The legislative, executive, and judicial powers are separate. No authority may intervene in the domain reserved for other powers by the constitution or by law.

No one may simultaneously be a member of the Grand Council, the Council of State, or a court.

Heads of offices and divisions as defined by the law on administrative organization, individuals with prosecutorial roles, clerks, and the chancellor cannot be members of the Grand Council, the Council of State, or a court.

The law may provide for other incompatibilities.

Para. 3 does not apply to the election of clerks as extraordinary substitute judges of a court according to § 41, letter l, item 5.

Every citizen of the canton enjoys, within the framework of the legal provisions, the right to free establishment in all municipalities.

The establishment of Swiss citizens is governed by federal regulations, and that of foreigners by the international treaties currently in force.

The cantonal right of citizenship may only be granted to individuals who possess a municipal right of citizenship. The municipal right of citizenship obtained shall lapse if the cantonal right of citizenship is not acquired within a period of one year. Further details shall be determined by law.

The Canton of Zug is composed of the eleven municipal communes of Zug, Oberägeri, Unterägeri, Menzingen, Baar, Cham, Hünenberg, Steinhausen, Riseti, Walchwil, and Neuheim.

The city of Zug is the capital of the canton and the seat of the cantonal authorities.

The right to vote is threefold: a. for federal matters; b. for cantonal matters; and c. for communal matters.

The right to vote in federal elections and referendums is governed by federal legislation; it is exercised in the municipality where the citizen resides, meaning their legal residence.

The right to vote in cantonal elections and referendums is exercised exclusively in the municipality of residence.

The right to vote and eligibility to stand for election is granted to: all male and female citizens of the canton and all male and female Swiss citizens legally residing in the canton, who have reached the age of 18 and who do not fall under any of the exceptions listed below.

Persons who, due to a permanent inability to discern, are placed under general guardianship or under a mandate due to incapacity, do not have the right to vote.

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The law determines the electorate for each type of municipality.

The law regulates the organization of electoral registers and the procedure concerning elections and voting.

The sovereign people exercise their sovereignty, on the one hand directly and on the other hand by transferring its exercise to their representatives.

Constitutional rights are exercised by the people: a. through the acceptance or rejection of the Constitution and its amendments; b. through the approval or rejection of laws; c. through the right of presentation (initiative); d. through the election of the following authorities and officials: 1. the two members of the Swiss Council of States for a term of four years, 2. the members of the Grand Council, 3. the members of the Council of State, 4. the judges and deputy judges of the Cantonal Court, the Criminal Court of Cassation, the Supreme Court, the Administrative Court; the election of extraordinary deputy judges, which is conducted by the Grand Council pursuant to § 41, let. 1, is reserved, 5. all other authorities, officials, and employees whose election is attributed to the people according to the constitution or federal and cantonal laws.

Every amendment to the Federal Constitution must be submitted to the people for acceptance or rejection.

The result of a popular vote on this matter is considered as the vote of the State (art. 121 Const.).

The laws and general decrees of the Grand Council, as well as decrees involving a new one-time expenditure exceeding 500,000 francs or a new periodic expenditure exceeding 50,000 francs per year, are subject to popular vote when a request signed by 1,500 active citizens is submitted for this purpose (referendum).

The referendum period is 60 days from the official publication of the Grand Council's act.

The right to vote must be officially certified by the municipality.

A popular vote may also be decided by one-third of the members of the Grand Council immediately after the final vote (authorities' referendum).

The popular vote must take place within six months following either the submission of the signatures to the State Chancellery or the day the decision was made by the Grand Council. If a federal or cantonal vote is scheduled within three months after this deadline, the popular vote may be combined with this ballot.

The Grand Council has the right to submit a law or decree to the vote in its entirety or so that its various matters are subject to a separate vote.

2,000 active citizens can request, through a signed petition, the adoption, repeal, or amendment of a law or decree of the Grand Council (legislative initiative), or the submission of a cantonal initiative to the Confederation, except for decrees falling under the exclusive competence of the Grand Council.

Such requests can be presented in the form of a proposal formulated in general terms or as a drafted project. They must refer exclusively to a uniform subject area (unity of matter). Initiatives must include a withdrawal clause.

The right to vote must be officially certified by the municipality.

The Grand Council acknowledges the initiative at its first session following the submission of the signatures. It must fully address it within a year. Exceptionally, it can extend this deadline by up to six months, based on an interim report from its preparatory committee.

The Grand Council must decide whether to proceed with an initiative or to reject it. If it does not proceed with the request, a popular vote must take place within six months from the final vote. When a federal or cantonal vote is scheduled within three months following this deadline, the popular vote may be combined with it.

If the Grand Council rejects the initiative, it must either propose to the people to reject it or oppose the initiative with a counterproposal in the form of a general proposal or a fully drafted project.

When the people accept an initiative or a counterproposal in the form of a general proposal, the corresponding act must be enacted within three years following the voting date, subject to a referendum. The Grand Council may extend this deadline exceptionally by up to one year, based on an interim report.

Popular votes on the Constitution and laws, initiative proposals, and decisions of the Grand Council are conducted by secret ballot and by means of ballot boxes.

The procedure is regulated by legislation to facilitate voting as much as possible.

For all popular votes, the absolute majority of voters is decisive.

No request for a referendum or popular initiative is subject to stamp duty. No fee is charged for the authentication of voting rights.

The Grand Council exercises the legislative power and constitutes the supervisory authority. It is composed of 80 members. Elections for the full renewal of the Grand Council take place according to the proportional representation system. The districts are the municipal communes. The number of district delegates to the Grand Council is determined by a simple decree of the Grand Council based on the updated figures from the population statistics (permanent resident population published the previous year by the Confederation). At least two seats are allocated to each district. Seats are first distributed among the parties and political groups based on their electoral strength in the canton. The seats obtained by the parties and political groups are then distributed among the districts, according to the number of seats allocated to them pursuant to paragraph 3 (bi-proportional allocation method).

The Grand Council appoints, by secret ballot, for a term of two years and from among its members, the president, the vice-president, and two scrutineers.

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The Grand Council has the following powers: a. the decision regarding the full powers of its members; b. the exclusive right to legislate, subject to the provisions of §§ 33, 34, and 35; c. the supreme oversight over authorities, as well as over the preservation and application of the Constitution and laws; d. the supreme oversight over the State's finances; e. it sets salaries and administrative emoluments; f. the right of pardon and amnesty for political crimes and offenses; g. it approves the activity reports of the State Council, the Supreme Court, and the Administrative Court, as well as the State account that the State Council must present each year; h. it establishes the budgets and supplementary credits and approves the service mandates; i. the approval of all agreements with other cantons, subject to federal competence, as well as agreements on the delivery of salt; k. the handling of petitions and appeals submitted; l. 1. it sets the number of judges and deputy judges of the Cantonal Court and the Criminal Court for a term of six years, 2. it sets the number of professional judges for each court and their appointment from among the members of the concerned court, 3. it elects the president of the Cantonal Court and the Criminal Court from among the members of these courts, 4. it elects the president of the Supreme Court and the Administrative Court from among the members of these courts, 5. it elects the extraordinary deputy judges of the courts; the law determines the modalities, [tab] for a term of four years each; m. it elects the Cantonal Chancellor; n. it confirms the appointment by the State Council of the members of the Bank Council and the supervisory body of the Zug Cantonal Bank, who are to be appointed by the canton; o. it resolves jurisdictional conflicts between executive and judicial powers; p. ... q. it exercises all other rights of sovereignty to the extent that they are not expressly limited by the current federal and cantonal constitutions; and r. it exercises the rights of participation that the federal constitution grants to the cantons (convocation of the Federal Assembly, referendum, cantonal initiative).

The members of the Grand Council are remunerated by the canton.

The Grand Council shall convene as often as the president deems necessary and if the Council of State or a quarter of the members of the Grand Council request it in writing and specify the reasons.

The sessions of the Grand Council are generally open to the public.

In order to validly consider matters, the presence of an absolute majority of the members of the Grand Council is necessary. No legislative proposal can be definitively adopted until after two readings, which must be separated by a period of at least two months. The details are provided in the regulations.

The Council of State is composed of seven members.

The members of the Council of State cannot simultaneously sit in the Federal Chambers.

The Grand Council elects the President of the Council of State and the Prefect from among the members of the Council of State for a term of two years. In the absence of the President of the Council of State or the Prefect, the longest-serving member of the Council of State assumes this role.

The Council of State is entrusted with the enforcement of laws, ordinances, and resolutions, as well as the administration and management of the State. In particular, the following competencies belong to it: a. handling internal and external affairs; b. maintaining public order and security; c. supervising and directing all branches of administration; d. enacting necessary ordinances; e. submitting law and decision proposals to the Grand Council; f. presenting its management report, the State's accounts, and the budget for the following year; g. proposing appointments of authorities and officials, which must be ratified by the Grand Council; h. supervising lower administrative authorities and exercising decision-making power on claims and appeals made against them, subject to the jurisdiction of the Administrative Court; i. ensuring the enforcement of final criminal judgments, unless otherwise provided by law; k. proceeding with all appointments incumbent upon the canton that the constitution or law does not assign to another authority or the people. Members of the Council of State have consultative voice in the Grand Council and the right to make proposals in all matters.

The internal regulations of the Council of State are enacted by the Grand Council.

The ordinary conciliation authority is the justice of the peace.

Each municipality elects a justice of the peace and the number of deputies provided for by law.

The law may provide that two or more municipalities establish a common justice of the peace.

The law may provide for special conciliation authorities for certain disputes.

The Cantonal Court is composed of the president and the number of judges and deputy judges as determined by the Grand Council.

The Criminal Court is composed of the president, and the number of judges and substitute judges as determined by the Grand Council.

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The Supreme Court consists of the president and the number of members and alternates provided by law.

It is the highest judicial authority of the canton in civil and criminal matters and exercises oversight over the entire civil and criminal justice system—except for the police command and penal authorities responsible for municipal offenses—as well as over the bankruptcy office and enforcement offices.

In this domain, it may propose the enactment of laws and decrees to the Grand Council.

The Administrative Court consists of the president and the number of members and substitutes as provided by law.

The Administrative Court is the supreme judicial authority of the canton in administrative matters.

In the field of administrative jurisdiction, it may propose to the Grand Council to enact laws and decrees.

The law regulates the organization of juvenile criminal justice. It may establish special courts.

The law regulates the organization and competence of judicial authorities. Sections with special jurisdiction may be established within the courts, and particular decision-making powers may be conferred upon presidents and single judges.

Court proceedings are public.

The law determines the exceptions.

A valid judgment can only be rendered by the courts or their sections when the specified number of judges is present.

Judicial administration falls under the jurisdiction of the courts. The law regulates the details.

Disputes arising from employment relationships of members of authorities and employees subject to the supervision of the Supreme Court are resolved by the Administrative Court. Disputes arising from employment relationships of members of authorities and employees subject to the supervision of the Administrative Court are resolved by the Supreme Court.

The municipal commune includes all persons domiciled in the commune.

The communal council deals with the affairs of the commune in accordance with the constitution and the law.

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All persons originating from this commune are part of the bourgeois commune.

The parish comprises individuals of the same confession who are domiciled within its territory.

The rights of presentation are reserved but may be redeemed for the benefit of the parish.

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Individuals who partake in a corporate property form a corporate municipality.

The corporate property must be preserved in its original state as an indivisible asset; exceptions are made for donations conducted for public utility purposes.

The municipalities, with the exception of corporate municipalities, levy taxes when their revenues are insufficient to allow them to fulfill their tasks.

The law regulates the financial equalization between the municipalities.

No one is obligated to pay taxes, the proceeds of which are specifically allocated to the actual costs of worship for a religious community to which they do not belong (Art. 49 Cst.).

The law details the organization of the municipalities and determines their powers.

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The term of office for cantonal authorities and officials elected by the people or by the Grand Council, as well as for communal authorities and officials elected by the people, is four years.

The term of office for members and substitutes of the courts and conciliation authorities is six years. In the event of replacement elections and supplementary elections, it runs until the end of the current term.

The following are elected by ballot: a. the two members of the Council of States; b. among the cantonal authorities: the members of the Grand Council, the Council of State, the Supreme Court, the Cantonal Court, the Criminal Court of Cassation, and the Administrative Court; c. among the municipal authorities: the members of the general council, the municipal council, and the audit commission as well as its president, and additionally the justice of the peace.

In the election of members of the Grand Council and the general council, the proportional voting system must be applied when more than two members in a district are to be elected for the same authority.

The elections for the complete renewal of the Grand Council take place according to the proportional system as defined in § 38.

Other elections take place according to the majority voting system.

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The constitution may be revised totally or partially at any time.

The revision is carried out according to the procedure provided for legislation. When the revision is requested by the people (constitutional initiative), the provisions relating to the legislative initiative are applicable.

The constitutional revision is subject to a mandatory popular vote.

The Grand Council has the right to submit a constitutional revision to the vote in its entirety or in such a way that its various matters are subjected to a separate vote.

In the event of disasters, acts of war or other emergency situations that cannot be controlled due to material and temporal urgency, the necessary measures shall be taken through legislative means to protect the population and avert imminent dangers, following the usual procedure and using ordinary means. The Grand Council and the Council of State may be authorized by this legislation to provisionally deviate from the constitution. The ordinances and measures taken under these competences shall be repealed as soon as the conditions set out in paragraph 1 are no longer fulfilled, unless they are extended in accordance with the ordinary procedure.