CH-NE
1 State - People - Authorities - 14 Political Rights - TITLE ONE - General Provisions (LDP)
Table of Provisions (222)
Statutory Text (222 Articles)
[1] 1 This law applies to elections and popular votes, as well as to popular initiatives, popular motions, and requests for referenda in the canton and in the municipalities.
2. It applies to the organization of federal votes, elections to the National Council and the Council of States, as well as to popular initiatives and requests for referenda at the federal level, with federal law being reserved.
3. The Council of State enacts the implementing provisions of this law and the federal law on political rights.
[2] Eligible voters in cantonal matters, if they have reached 18 years of age, are
a) Swiss women and men domiciled in the canton;
b) Swiss women and men abroad who are registered in the electoral register of a commune of the canton pursuant to federal legislation;
c) Foreign women and men, as well as stateless persons, who have a settlement permit pursuant to federal legislation and who have been domiciled in the canton for at least five years.
[3] Electors in municipal matters, if they have reached the age of 18, are
a) Swiss women and men domiciled in the municipality;
b) Swiss women and men residing abroad who are registered in the electoral register of the municipality in accordance with federal legislation;
c) Foreign women and men, as well as stateless persons, domiciled in the municipality who hold a settlement permit pursuant to federal legislation and have resided in the canton for at least one year.
[4] 1 Persons who, due to a permanent lack of discernment, are protected by a general guardianship or a mandate for incapacity are not voters.
2. Repealed.
3. Repealed.
[5] 1 Voters are registered in the municipality where they have their civil domicile and where they have reported to the authority.
2. Anyone who submits documents in a municipality other than their original document (certificate of nationality, temporary papers, etc.) acquires political domicile only on the condition of proving that they are not registered on the voters' register of the place where the original document is deposited.
3. The following can establish a political domicile that does not correspond to the domicile as defined by civil law
a) persons under general guardianship;
b) spouses who, with their partner's consent, because the judge has ordered it or the law directly authorizes it, reside, with the intention of establishing themselves, elsewhere than at the domicile of the common household;
c) registered partners within the meaning of the federal law on partnership, who, with their partner's consent, because the judge has ordered it or the law directly authorizes it, reside, with the intention of establishing themselves, elsewhere than at the domicile of the common household;
d) persons staying at their place of work during the week, notably students.
[6] 1 Each municipality maintains a register of voters.
2. Voters are automatically registered when they meet the legal requirements or when it is established that they will meet them on the day of the next election.
3. No one may be registered in more than one municipality.
4. The register can be consulted by the voters.
[7] Before each election or referendum, the State Chancellery shall request in writing that each municipality establishes a specific electoral register for the vote by extracting it from the register of voters.
[8] This electoral register must contain
A. For the elections to the National Council and federal referendums
1. Swiss women and men registered in the register of electors;
2. Swiss women and men abroad registered in the register of electors.
B. For the elections to the Council of States, the Grand Council, the Council of State, and cantonal referendums
1. persons mentioned under letter A, numbers 1 and 2, above;
2. foreigners and stateless persons registered in the register of electors and residing in the canton for at least five years.
C. For the elections to the General Council and the Communal Council and communal referendums
1. persons mentioned under letter A, numbers 1 and 2, above;
2. foreigners and stateless persons registered in the register of electors and residing in the canton for at least one year.
[9] 1 The electoral register must be prepared thirty working days before the date of the vote for federal, cantonal, and communal elections and ballots.
2. The elector registered on the electoral register may vote immediately at the federal level.
3. The elector arriving from abroad or another canton can only vote at the cantonal and communal levels if he or she has been actually domiciled in the canton for at least thirty working days before the vote.
4. The elector arriving from another commune within the canton may continue to vote at the federal and cantonal levels in his or her former political commune of residence until he or she can vote in the new commune.
5. If he or she wants to be able to vote at the communal level in his or her new political commune, the elector arriving from another commune within the canton must have been domiciled there for at least thirty working days before the vote.
6. For federal votes, changes to the central register of electors made by the communal administration are taken into account until Tuesday preceding the vote at 5 p.m.
[10] 1 The electoral register must be sent via the Cantonal Node by the municipality to the State Chancellery thirty working days before the scheduled date for the vote.
2. For municipalities not connected to the Cantonal Node, the electoral register is sent in paper or electronic format to the State Chancellery, which integrates it into the central register of voters.
[11] The electoral registers of the municipalities are merged by the State Chancellery to form the central register of voters.
[12] 1 The voter receives a voting card during each election, allowing them to exercise their right to vote.
2. The State Chancellery proceeds with the printing of voting cards for each election.
3. In the event of loss of the voting card, and upon request of the voter, the municipality of residence issues a duplicate.
4. The Council of State sets the conditions for issuing the duplicate.
[13] A municipality that wishes to organize a municipal vote at the same time as a federal and/or cantonal vote must notify the State Chancellery in writing at least two months prior to the date of the ballot.
1. The Council of State organizes the elections of the canton and intercommunal syndicates; the Municipal Council organizes the elections of the municipality.
2. The Council of State may, at the request of a Municipal Council, organize the elections of a municipality on an occasional or permanent basis.
[14] 1 The State Chancellery shall print the ballot papers and voting slips for federal and cantonal elections and voting, as well as for intercommunal syndicate voting.
2. The Municipal Council shall print the voting slips and ballot papers for municipal elections and voting.
3. The ballot papers shall be printed with the designation for which political parties and voter groups have obtained exclusive and enduring use.
4. They shall include, following the list of candidates, a free space equivalent to one-fifth of their surface.
[15] The voting material consists of a transmission envelope containing the ballots or voting slips, voting envelopes, documentation related to the election as well as a voting card indicating the names and first names of the voter, their address, the date of the election, and the necessary spaces for the placement of their signature and the indication of their date of birth.
[16] 1 The State Chancellery, on behalf of the municipalities and in an individualized manner, simultaneously sends the necessary voting materials to the voters of each municipality, enabling them to exercise their voting rights at the polling place or by mail.
1a The voting materials for voters protected by an adult protection measure are sent directly to their homes.
2. The voting materials must reach the voters of the municipalities
a) for federal, cantonal, and communal elections and votes, no earlier than four weeks but no later than three weeks before the date set for the election or vote;
b) for the organization of a second round of voting: no later than ten days before the vote.
3. Repealed.
4. Neither the state nor the municipalities can be held responsible for late deliveries.
5. The ballots or voting papers provided by the State Chancellery are also made available to voters by the municipalities in the municipal administrations and polling places.
[17] 1 Municipalities shall bear the costs related to the operation of electoral and counting offices.
2. The postal costs associated with sending voting materials to voters and the return of postal votes by them are fully borne by the State. The State may request a fair financial contribution from municipalities for municipal polls and from inter-municipal unions for union polls.
3. Postal costs related to the return of postal votes deposited at a foreign post office shall be borne by the voter utilizing postal services.
4. Repealed.
5. All other election costs shall be borne by
[18] 1 At least eight weeks before each election, the competent authority shall summon the voters by decree published in the Official Gazette and on the State's website.
2. During municipal elections, the municipalities may also summon at their own expense through posters.
3. However, the Council of State shall summon the voters for the general election of the General Councils and the election of the Municipal Councils by the people.
[19] 1. Each municipality constitutes an electoral office and a counting office composed of at least three voters from the municipality.
2. Participation in these offices is a duty. A voter cannot refuse to participate without just cause.
2bis. Candidates in an election cannot participate in the counting of the related ballots.
3. The offices ensure the secrecy and regularity of the vote; they oversee the conduct of the operations entrusted to them. Any propaganda or collection of signatures is prohibited within the voting premises and their immediate vicinity.
4. Each office makes its decisions immediately by a majority of the members present. In the event of a tie, the vote of the president is decisive.
5. The public is allowed in the counting premises to the extent that the conduct of the operations permits.
[20] The counting of votes may commence on Sunday morning provided that all measures are taken to ensure the confidentiality of the ballot and to exclude any actions that could influence it.
1. The Municipal Council appoints the members of the electoral office and those of the counting office, their president, and their vice-president. The offices appoint their own secretary.
2. With the authorization of the Council of State, the same individuals may belong to both offices.
3. The composition of the offices is communicated to the State Chancellery, which publishes it in the Official Gazette.
[21] 1 The State Chancellery shall convene the members of the offices two weeks prior to federal and cantonal voting day, as well as for the general election of the General Councils and the election of the Communal Councils by the people.
2. For municipal ballots, this responsibility belongs to the Communal Council.
The municipality may grant the members of the offices an allowance, the amount of which it determines.
1. The municipality provides voters with the voting and counting premises.
2. There may be several voting premises within a municipality.
1. Elections are held in municipalities.
2. The right to vote is exercised in the municipality where the voter is registered (political domicile).
[22] The official polling day is Sunday.
[23] 1 The Council of State sets the polling hours.
2. It closes on Sunday at twelve o'clock.
[24] 1 The voter may vote at the polling station or by mail.
2. The right to vote is exercised by means of ballots inserted into the voting envelopes received by the voter.
3. Voting by proxy is prohibited.
[25] 1 To vote, the elector must present the voting card related to the election or, failing that, its duplicate, to the electoral office, after signing it and inscribing their date of birth on it.
2. The elector presents their voting materials and the polling station validates their vote by affixing the stamp of the electoral office on the voting envelope.
3. If the elector is not in possession of the election or voting ballots, voting envelopes, and documentation related to the election, they receive them from the polling station.
4. The elector personally places their voting materials in the ballot box at the polling station.
[26] A member of the bureau monitors the deposit of the voting envelope into the ballot box by the voter.
[27] 1 The voter signs the voting card for the election and writes their date of birth on it.
2. The voter places the election or voting ballots into the corresponding voting envelopes and puts them, along with the voting card, in the transmission envelope.
3. The transmission envelope is addressed to the communal office, which provides voters with a suitably sized mailbox for the deposit of transmission envelopes, accessible at all times.
4. Repealed.
5. The transmission envelope must reach the communal office before the polling station opens and its recording must occur before the close of voting.
6. The communal office opens the transmission envelope. It then verifies the voter's eligibility and deposits the voting envelopes, after stamping them, into a specially sealed ballot box designated for postal voting.
**[28] 1 If they request it from the electoral office, elderly, sick, or disabled voters may exercise their right to vote at their place of residence, provided that it is located within their political municipality, until Sunday morning at 11 a.m.**
2. Ballot envelopes collected at home must be stamped and placed in the ballot box at the polling station before the close of voting.
[29] The secrecy of the vote must be ensured.
[30] 1 Ballots are considered blank if they do not bear the name of any candidate or any response.
2. Ballots are considered void if
a) they have not been specially printed for the election by the State Chancellery or the Municipal Council, with the exception of handwritten ballots;
b) they are filled out or altered by means other than by hand;
c) they do not clearly express the voter's intent;
d) they bear signs that could identify the voter;
e) they contain offensive remarks or comments unrelated to the election;
f) they include multiple copies of the same item in an envelope, unless they are identical. In the latter case, only one ballot is considered valid.
[31] Ballot papers or votes not contained in an envelope, as well as any other foreign documents found in the ballot boxes, shall not be taken into account.
[32] The following shall not be considered
a) voting envelopes not accompanied by a voting card;
b) voting envelopes accompanied by a voting card lacking a signature and/or date of birth;
c) voting envelopes contained in a forwarding envelope that holds a number of duly completed voting cards (signature and date of birth) less than the corresponding number of voting envelopes;
d) forwarding envelopes that arrive at the municipal office after the opening of the polling station.
[33] Unstamped voting envelopes found in the ballot box of the polling station are not taken into account.
[34] 1 After the closing of the polls in a vote, the counting offices establish and the State Chancellery summarizes for each electoral district
a) the number of voters, including Swiss citizens living abroad;
b) the total number of ballots cast in the urns;
c) the number of blank ballots, the number of invalid ballots, and the number of valid ballots;
d) the number of accepting votes and the number of rejecting votes;
e) the main reasons for the annulment of ballots;
f) all statistical data required by the State Chancellery.
2. The result of an election is determined according to the rules of Article 59, if the vote takes place under the system of proportional representation, or according to those of Article 79, if the vote takes place under the majority system.
3. Blank ballots and invalid ballots are not taken into account for establishing the result of a vote and an election.
4. A very close result only mandates a recount of the votes if it has been made plausible that irregularities occurred and that their nature and extent could have significantly influenced the result.
The State Chancellery verifies and publishes the results of the ballots in the Official Gazette. It recalls the content of Article 136, Paragraph 1.
[35] 1. The Grand Council validates the result of its election and that of the election of the members of the Council of State.
2. The Council of State validates the result of the election of deputies to the Council of States, that of other cantonal votes, and that of inter-municipal union votes. It informs the Grand Council thereof.
3. The Municipal Council validates the result of municipal votes. It informs the General Council thereof.
4. The result of a vote cannot be validated before the expiration of the deadlines for appeals and claims.
[36] 1 All terms of office last four years and are renewable.
2. A different duration remains reserved due to the advancement or delay of the general election in connection with a merger of municipalities.
3. In the case of a by-election, the terms of office end with the legislative term.
[37] 1 Swiss nationals who are voters are eligible in the electoral district where they are registered to vote. Foreign voters are also eligible at the municipal level.
2. Swiss women and men residing in another Swiss canton who have the exercise of civil rights and are not disqualified by a court judgment are also eligible for the Council of State.
Elected officials must reside in their electoral district, otherwise they lose the benefit of their election.
[38] 1 No one may simultaneously be a member of the Grand Council, the Council of State, or a judicial authority. However, non-permanent members of a judicial authority may be members of the Grand Council.
2. The members of the cantonal administration staff may not simultaneously be members of the Council of State or, except as permitted by law, of any judicial authority.
3. The functions within the cantonal administration that are incompatible with the role of deputy or substitute deputy of the Grand Council are listed in an annex to this law.
4. In cases of functional incompatibilities other than those related to the Grand Council, the option period is ten days. In the absence of a choice, the new function prevails.
[39] The handling of cases of functional incompatibilities specific to the Grand Council is governed by the Law on the Organization of the Grand Council (OGC) dated October 30, 2012.
[40] 1 Spouses, registered partners under federal or cantonal partnership law, individuals in a de facto relationship, parents, or relatives up to the third degree cannot simultaneously be members of the Council of State.
2. Unless a different agreement is reached within ten days between the elected individuals, the following criteria will determine who retains their election
a) the member of the Council of State who has been elected to the government for the longest time;
b) the member of the Council of State who received the highest number of votes in the election leading to the incompatibility;
c) in the event of a tie in votes or tacit election, the member of the Council of State designated by lot;
d) in the event of a tie in votes or tacit election in the second round, the member of the Council of State who received the most votes in the first round.
[41] 1 No member of the Municipal Council may hold a seat in the Grand Council.
2. In the event that such an incompatibility arises following an election, the person concerned must choose which of the two mandates they wish to retain.
3. The time limit for making this choice is ten days; in the absence of a decision, the new position takes precedence.
1. Only two members of the Council of State may sit in the Federal Assembly, with only one permitted in the Council of States.
2. If, following an election, these numbers are exceeded, the following rules determine which member retains their seat in the government, unless a withdrawal occurs within ten days
a) The member of the Council of State who is the sole representative in either of the Federal Chambers;
b) The member of the Council of State who was elected earliest to the government, in the event of an election to the Council of State;
c) The federal parliamentarian who has served the longest, in the event of an election to either of the Federal Chambers;
d) The member of the Council of State who received the most votes in the election causing the incompatibility;
e) In the case of a tie of votes or a tacit election in the first round, the member designated by lot;
f) In the case of a tie of votes or a tacit election in the second round, the member who received the most votes in the first round.
The law on municipalities sets forth the incompatibilities in municipal matters.
[42] 1 The election of the Grand Council and that of the Council of State take place simultaneously as a rule during the month of April.
2. The election of the members of the Council of States takes place on the same day as that of the members of the National Council.
3. The election of the General Councils and that of the Municipal Councils by the people take place simultaneously throughout the canton, as a rule during the month of May.
4. In the event of a municipal merger process, these elections may be
– advanced or postponed for the municipalities involved in a merger project accepted by the people, in order to allow the new municipal authorities to take office on January 1st preceding or following;
– postponed for the municipalities involved in a merger project approved by the General Councils before the convening of voters for the general municipal elections. This postponement must allow the authorities of the new municipality to take office on the following January 1st, or for the authorities who will be elected in the former municipalities in case of the people's rejection of the merger project.
5. The Council of State sets the date for the cantonal and municipal elections.
[43] The electoral district is
a) the canton for the election of the Council of State, the election of deputies to the Council of States, and the election of the Grand Council;
b) the municipality for the election of the General Council and the Municipal Council.
[44] 1 Political parties and voter groups may request in writing from the State Chancellery the exclusive and lasting use of a designation for their electoral ballots.
2. This right to exclusive use expires if it has not been used for four years.
3. In the event of a conflict, the Council of State shall decide.
[45]
[46] When the law mandates a drawing by lot, the task is the responsibility of a commission of at least three members appointed by the authority organizing the vote, unless otherwise provided.
The Municipal Council provides display boards where each party or group of voters that has submitted a list can post their posters free of charge throughout the entire election period.
[47] 1 The Grand Council is composed of one hundred deputies elected by the people according to the system of proportional representation.
2. Each electoral region is entitled to a number of guaranteed seats determined in accordance with Article 44b, but at least four.
[48]
[49] The municipalities of the canton are grouped into electoral regions as follows
1. Littoral Region
Boudry, Cornaux, Cortaillod, Cressier, Enges, Hauterive, La Grande Béroche, La Tène, Le Landeron, Lignières, Milvignes, Neuchâtel, Rochefort, Saint-Blaise.
2. Mountain Region
Brot-Plamboz, La Brévine, La Chaux-de-Fonds, La Chaux-du-Milieu, La Sagne, Le Cerneux-Péquignot, Le Locle, Les Planchettes, Les Ponts-de-Martel.
3. Val-de-Ruz Region
Val-de-Ruz.
4. Val-de-Travers Region
La Côte-aux-Fées, Les Verrières, Val-de-Travers.
[50] 1 The number of guaranteed seats for each electoral region is determined by the State Chancellery based on the cantonal census of the year prior to the penultimate year before the election, according to the following rules
a) the resident population of the canton is divided by 50. The smallest integer immediately greater than the obtained quotient constitutes the divisor;
b) each region is entitled to a number of guaranteed seats equivalent to its resident population divided by the divisor, with the quotient thus obtained being rounded up to the next whole number;
c) each region whose resident population is less than 4 times the initial divisor is entitled to four guaranteed seats.
2. The guaranteed seats are allocated to candidates residing in the electoral region concerned.
3. The seats are only guaranteed at the beginning of the legislature.
4. In the case of a vacancy of a seat during the legislature, it is filled in accordance with Article 64.
[51] 1 The allocation of seats is conducted according to the proportional system across the entire canton.
2. Elected persons are provisional appointees in regions where the number of elected individuals exceeds the number of guaranteed seats.
3. If an electoral region does not secure as many elected individuals as it has guaranteed seats (hereinafter: "deficient region"), unfilled guaranteed seats are allocated according to the following rules
a) if multiple regions are deficient, the smallest region has its guaranteed seats filled first;
b) lists containing at least one runner-up domiciled in the deficient region and at least one provisional appointee domiciled in another region are identified;
c) for each list thus identified, the number of votes of the first runner-up from the deficient region is divided by the number of votes of the provisional appointee from the same list who obtained the fewest votes;
d) the first runner-up from the deficient region who obtains the highest quotient according to the preceding clause is confirmed as elected, replacing the least well-elected provisional appointee from the same list;
e) if no list contains a runner-up domiciled in the deficient region or a provisional appointee from another region, the deficient region loses the guarantee of seats.
4. Once all the guaranteed seats are filled, or after noting the impossibility of filling them in accordance with the preceding paragraph, the elected individuals have their election confirmed.
[52] 1 The lists of candidates must be submitted to the State Chancellery no later than noon on the Monday of the eighth week preceding the election.
2. The State Chancellery shall immediately publish the submitted lists in the Official Gazette and on the State's official website.
[53] 1 A list may not contain more names than there are seats to be filled nor include the name of a candidate more than once.
2. Each list must contain the handwritten signature of at least three voters. The person whose name appears first among the signatories of the list is considered the representative and the second as the substitute.
3. Repealed.
1. No one may sign more than one list of candidates.
2. Any violation of this rule results in the nullity of the signatures.
3. Any annulled signature may be replaced within forty-eight hours.
No elector may withdraw their signature after the submission of the list.
Voters may consult the lists of candidates and the names of the signatories at the State Chancellery.
[54] 1 Lists cannot be related.
2. Repealed.
3. Repealed.
[55] 1 No one may be a candidate on more than one list.
2. The State Chancellery invites, if necessary, the candidate to choose a list no later than Friday at noon of the eighth week preceding the election.
[56] Any elector proposed as a candidate may decline their candidacy by making a written declaration addressed to the State Chancellery no later than Friday at noon of the eighth week preceding the election.
[57] 1 The State Chancellery shall automatically strike off candor that are withdrawn, contrary to law, or in excess at the end of the list.
2. Subject to excess candidatures, the list representative may replace the candidatures struck off by the State Chancellery no later than Wednesday at noon of the seventh week preceding the election.
[58] The State Chancellery shall publish in the Official Gazette and on the State's website the final lists, which include their denomination and the order number assigned to them, no later than the Friday of the seventh week preceding the election.
[59] 1 Ballots are either printed or handwritten.
2. The only valid printed ballots are those that have been specially printed for the election by the state chancellery.
[60] 1 Each voter is allotted as many votes as there are seats to be filled. The accumulation of votes is not permitted.
2. Each voter may vote using one of the following methods, at their discretion
a) an unaltered printed ballot; or
b) a printed ballot that has been altered by hand by crossing out the names of candidates (strike-through) or by adding the names of candidates from other lists (mixing); or
c) a handwritten ballot on which the voter has written the names of candidates and, if applicable, assigned any remaining votes to the list of their choice.
[61] 1 Votes that are not given to candidates are attributed to the list whose name or order number appears on the ballot.
2. In the event of a discrepancy between the name and the order number appearing on the ballot, the name shall prevail.
3. If the ballot bears neither a name nor an order number, if these have been crossed out, or if the ballot bears more than one, the unused votes are considered as blank.
4. A vote given to a person who is not a candidate counts as a list vote.
5. On a printed ballot, any additional mention handwritten by the elector assigning supplementary votes to one or more other lists is not considered; the supplementary votes are attributed to the list appearing on the ballot.
6. On a handwritten ballot without a name, any mention assigning supplementary votes to more than one list is not considered; the unused votes are considered as blank.
1. No candidate may receive more than one vote per ballot. Any additional votes are struck through. These additional votes are counted as list votes if the ballot bears a designation or an ordinal number.
2. The names of the excess candidates are struck through, starting with the last ones listed.
[62]
[63] 1 After the closure of the polls, the counting offices shall establish and communicate to the State Chancellery
a) the number of female and male voters, including Swiss women and men abroad;
b) the total number of ballots placed in the urns, the number of blank ballots, the number of null ballots, and the number of valid ballots;
c) the number of votes obtained by each candidate from each list (nominative votes);
d) the number of non-nominative votes obtained by each list (supplementary votes);
e) the total of nominative votes and supplementary votes obtained by each of the lists (list votes);
f) repealed;
g) the number of blank votes;
h) the main causes of annulment of the ballots;
i) all the statistical data required by the State Chancellery.
2. Repealed.
[64] 1 The State Chancellery allocates seats among the lists according to the following rules
a) A list that does not obtain at least 3% of the valid votes is excluded from the allocation. The votes collected by this list are not taken into account for the distribution of seats among the lists;
b) The total number of valid votes (list votes) from all lists is divided by the number of seats to be allocated plus one. The smallest whole number greater than the result obtained constitutes the electoral quotient;
c) Each list receives as many seats as the number of its votes contains the electoral quotient;
d) If all seats are not distributed, the total number of valid votes of each list is divided by the number of seats it has already obtained plus one. A seat is allocated to the list that has obtained the highest quotient. The process is repeated as long as there are seats to be allocated. In the case of equal quotients for the last seat, the decision is made by lot.
2. Repealed.
3. The Council of State appoints a commission composed of three members to conduct the drawing of lots provided for in letter d of this article. Representatives of the interested lists may attend the drawing of lots.
4. The State Chancellery keeps the details of the operations available for the representatives of the lists.
[65] 1. Elected, up to the number of seats allocated to each list, are the candidates who have obtained the highest number of nominative votes.
2. In the event of a tie in nominative votes, the decision is made by lot.
3. Article 44c of this law is reserved.
If a list obtains more seats than it has candidates, a supplementary election shall be conducted.
**If the candidates are not more numerous than the seats to be filled, they are elected without a vote.**
[66] 1 Substitute deputies are elected at the same time and on the same list as the deputies of the Grand Council.
2. Substitute deputies and substitutes are listed after the elected members of the Grand Council in the order of the votes they received.
3. In the event of a tie in the number of votes received, the decision is made by lot.
[67] The lists are entitled to substitute deputies according to the following distribution
e) beyond twenty seats: five substitutes.
[68] A substitute deputy may renounce their status, thereby permanently losing it.
[69] The provisions of Chapters One and Two of Title Two of the present law, excluding Articles 44a to 44c, are applicable to the election of substitute deputies.
[70] 1 In the event of a vacancy during the legislative term, the departing member of the Grand Council shall be replaced by the first alternate member from the same list. If this alternate member refuses the seat, they permanently lose their status as an alternate member, and the next alternate member takes their place.
2. If there are no more alternate members, a by-election shall be conducted.
1. The political party or group of voters concerned may designate an additional candidate who is elected without a vote.
2. If no designation is made within the three-week period allotted by the State Council, the latter shall convene the voters.
3. The election is conducted by relative majority if only one seat is vacant; it is conducted according to the system of proportional representation if multiple seats are vacant. The State Council may shorten the deadlines related to the submission and publication of the lists.
Article: The State Chancellery Publishes the Name of the New Deputy in the Official Gazette.
The Council of State is composed of five members elected by the people, by absolute majority in the first round, and by relative majority in the second.
[71] The lists of candidates must be submitted to the State Chancellery no later than noon on the Monday of the eighth week preceding the election.
[72] 1 A list may contain no more than five names and must not include the name of a candidate more than once.
2. Each list must bear the handwritten signature of at least three female or male voters residing in the canton. The person whose name appears at the top of the list of signatories is considered the representative and the second as the deputy.
1. No one may sign more than one list of candidates.
2. Any violation of this rule results in the nullity of the signatures.
3. Any annulled signature may be replaced within forty-eight hours.
An elector may not withdraw their signature after the submission of the list.
The voters of the canton may consult the lists of candidates and the names of the signatories at the State Chancellery.
[73] An elector proposed as a candidate may decline their candidacy through a written declaration addressed to the State Chancellery no later than Friday at noon of the eighth week preceding the election.
[74] 1 The State Chancellery shall automatically strike off candidacies that are contrary to the law or those exceeding the list's limit.
2. The representative of the list may correct it no later than Wednesday at noon of the seventh week preceding the election.
3. The representative of the list may only complete it if a candidate becomes ineligible or has withdrawn their candidacy.
[75] If a candidate becomes ineligible between Wednesday at noon of the seventh week preceding the election and the close of the poll, the election is annulled and postponed.
[76] The State Chancellery shall publish in the Official Gazette and on the State's Internet site the final lists provided with their designation and the order number assigned to them, no later than the Friday of the seventh week preceding the election.
1 A ballot paper may not contain more than five names.
2. A political party or a group of voters may include on a ballot paper the names of candidates from other lists.
3. The agreement of the list representatives and the candidates is required.
[77] 1. Ballots are either printed or handwritten.
2. The only valid printed ballots are those that have been printed by the State Chancellery.
[78] 1 Each voter has five votes, which they cast using a single ballot
– by writing the names of candidates from other lists;
2. The voter may only give one vote to each candidate. Any additional votes are crossed out.
3. A vote given to a person who is not a candidate is null and void.
4. The names of surplus candidates are crossed out, starting with the last ones listed.
5. Repealed.
**[79] Article 1: After the closing of the polls, the counting offices shall establish and communicate to the State Chancellery, which summarizes for the canton:**
a) the number of voters, including the Swiss citizens abroad;
b) the total number of ballots deposited in the ballot boxes;
c) the number of valid ballots; the number of blank ballots and the number of null ballots;
d) the number of votes obtained by each candidate;
e) the main causes of ballot invalidation;
f) the complete statistical data required by the State Chancellery.
**Article 2: Multiple valid ballots contained in one envelope shall be considered as a single ballot during the counting process.**
[80] 1. Elected are the candidates who have obtained more than half of the number of valid ballots (absolute majority) and the highest number of votes.
2. In the event of a tie in votes for the last seat, a new election, held no later than three weeks after the first, shall determine the candidates.
3. In the event of a new tie in votes, the matter shall be decided by lot.
[81] 1. If seats remain to be filled, a second round of voting is conducted for candidates who have not obtained an absolute majority.
2. The second round of voting takes place no later than three weeks after the first round.
[82] 1. Only candidates who have obtained at least 5% of the votes in the first round of voting may participate in the second round.
2. The candidacy of a person who did not participate in the first round is only admissible to replace a candidate who has become ineligible in the meantime.
3. Candidacies must be submitted to the State Chancellery by the representative of the list on which they appear, no later than Tuesday at noon following the first round. If they appear on a new list, it must be signed by at least three voters, in accordance with Articles 69 and 70.
4. When the number of candidates is less than the number of seats to be filled for the election in the second round, Article 86 applies analogously to the unfilled seat.
Each voter has as many votes as there are seats to be filled.
[83] 1 Elected to the available seats are the candidates who have obtained the highest number of votes (relative majority).
2. In the event of a tie in votes for the last seat, a new ballot will be held, at the latest, three weeks after the first, to decide between the candidates.
3. In the event of a further tie in votes, the decision is made by drawing lots.
If the candidates, in the first or second round, are not more numerous than the seats to be filled, they are elected without a vote (tacit election).
1. In the event of a seat vacancy during the legislative period, a by-election shall be conducted within six months, following the two-round majority system.
2. The replacement is elected for the remainder of the legislative period.
[84] 1 The two deputies to the Council of States are elected by the people according to the system of proportional representation.
2. The electoral district is the canton.
[85] 1 Two or more lists may be associated through a written concordant declaration by their representative submitted to the State Chancellery no later than the Monday of the sixth week preceding the election.
2. The association must be indicated on the list and on the election ballots reproducing the lists. If the association is not indicated on the ballot, it shall not be taken into account for the calculation of the quorum and the allocation of seats among the lists.
3. Sub-association is prohibited.
4. The associated lists are considered as one list. The seats obtained are allocated among the associated lists according to the rules of Article 60, except for letter a (quorum).
[86] 1 The lists of candidates must be submitted to the State Chancellery no later than noon on the Monday of the eighth week preceding the election.
2. The State Chancellery shall publish the submitted lists without delay in the Official Gazette and on the State's website.
[87] 1 A list may not contain more than two names nor include the name of any candidate more than once.
2. Each list must contain the handwritten signature of at least three voters domiciled in the canton.
3. The person whose name appears first among the signatories of the list is considered as the representative, and the second as the substitute.
[88] 1 The State Chancellery shall automatically strike out any declined or illegal candidacies, as well as those in excess at the end of the list.
2. The person considered as the representative of the list may correct it no later than Wednesday at noon in the seventh week preceding the election.
3. This person may only complete the list if a candidate becomes ineligible or has declined their candidacy.
4. The replacement must be accompanied by a written declaration from the new candidate accepting their candidacy.
[89] 1 If a candidate becomes ineligible between Wednesday at noon of the seventh week preceding the election and the close of the poll, the election is annulled and postponed.
2. The State Council takes the necessary measures and sets the deadlines.
[90] 1 Each voter has two votes.
2. Cumulative voting is not allowed.
[91] 1 In the event of a vacancy during the legislative term, the member of the Council of States who leaves is replaced by the candidate from the same list who was not elected in the last election.
2. If this person refuses the vacant seat, a by-election is held.
3. The election is conducted by relative majority if only one seat is vacant.
4. If there is simultaneously a lack of candidates on both concerned lists, the election is conducted according to the proportional representation system.
5. The State Council may shorten the deadlines concerning the submission and publication of the lists.
[92] The State Chancellery publishes the name of the new deputy in the Official Gazette.
[93] 1 Articles 47 to 49, 51 and 52, 54, 55, 56, paragraph 2, and 57 to 63 are applicable by analogy in the event of an election according to the proportional representation system.
2. The same applies, in the case of an election by relative majority, to Articles 77, 78, 79, 84, and 85.
[94]
[95] 1 Each municipality has a General Council elected by municipal voters.
2. The General Council is composed at the rate of one seat per fifty inhabitants, with any fraction of twenty-five or more inhabitants being counted as fifty. If the population number, determined by the penultimate cantonal census, results in an even number for the General Council, this number is increased by one.
3. Municipalities may reduce the number of seats in the General Council calculated according to paragraph 2 to an odd number lower by up to 25%. The reduction is prohibited if it results in a single seat in the General Council corresponding to more than one hundred and fifty inhabitants.
4. The number of seats in the General Council may not exceed forty-one nor be less than fifteen.
5. A municipality wishing to exercise the option provided in paragraph 3 must submit the proposal to the General Council once the census results are known. The General Council must make a decision. This decision is subject to a mandatory referendum, and the vote on this matter must take place no later than December 31 of the year preceding the municipal elections.
6. Notwithstanding the provisions of paragraphs 3 and 4, municipalities with fewer than 875 inhabitants may reduce the number of seats in the General Council by an even number to as low as 13, those with fewer than 775 inhabitants to as low as 11, and those with fewer than three hundred inhabitants to as low as nine. The procedure outlined in paragraph 5 applies.
[96] 1 In municipalities with 750 or more inhabitants, the election of the General Council is conducted according to the system of proportional representation.
2. In municipalities with fewer than 750 inhabitants, the General Council provides, by regulation, one of the following modes of election
b) single-round majority system.
3. If a municipality wishes to transition from the proportional system to the majority system, the decision of the General Council is subject to a mandatory referendum.
4. The electoral system may be changed until the end of December preceding the municipal elections, with the vote on this matter to take place no later than December 31.
[97] The provisions governing the election of the Grand Council are applicable by analogy to the election under the system of proportional representation.
[98] 1 In the single-round majority system, a list may contain more candidates than there are seats to be filled.
2. Elected for the seats to be filled are the candidates who have obtained the highest number of votes (relative majority).
3. For the remainder, the provisions governing the election of the Council of State are applicable by analogy.
[99] 1 The lists of candidates must be signed by at least three voters residing in the municipality.
2. The Municipal Council shall publish or post at least once the lists submitted.
3. A voter proposed as a candidate may decline their candidacy by submitting a written declaration by no later than Friday at noon of the eighth week preceding the election.
4. The representative of the list may replace the declined candidacy by no later than Wednesday at noon of the seventh week preceding the election.
5. The Municipal Council exercises the powers of the State Chancellery.
[100] 1 In both electoral systems, non-elected candidates are considered alternates for their list in the order of the number of preferential votes obtained. Furthermore, Articles 64 and 65 of this law apply.
2. If there are no more alternates, a by-election is conducted by relative majority if only one seat is vacant. It is conducted according to the system applicable to the main election if multiple seats are vacant.
3. The municipal council publishes the name of the new general councilor in the Official Gazette.
4. In municipalities that have provided in their general regulations a system of substitution for members of the General Council, the election of alternate members is conducted according to paragraph 1. Additionally, the provisions governing the election of the Grand Council apply by analogy.
[101] 1. The General Council determines the method of election for the members of the Municipal Council.
2. The election of the Municipal Council by the people is carried out according to the system of proportional representation or the two-round majority voting system.
3. Any change in the method of election for the members of the Municipal Council is subject to a mandatory referendum. The system can be changed up until the end of December preceding the municipal elections, with the vote on this matter taking place no later than December 31.
[102] 1 The provisions governing the election of the Grand Council apply by analogy to the election of the Municipal Council according to the system of proportional representation.
2. However, Article 65, paragraph 1, of the present law is not applicable.
3. Municipalities remain free to apply or not apply Article 64, paragraph 1, in the event of a vacancy during the legislative term.
[103] The provisions governing the election of the Council of State apply by analogy to the election of the Municipal Council according to the two-round majority voting system.
[104] The common provisions set forth in Article 94 of the present law shall apply by analogy to the election of the Municipal Council by the people.
[105] 1 In the event of a merger of municipalities, the General Council and the Municipal Council of the new municipality are elected for the remainder of the legislative term, subject to Article 37, paragraph 4.
2. The candidates represent the former municipality in whose territory they reside.
3. An elected person who, during the legislative term, moves within the municipality resulting from the merger does not lose the benefit of their election.
4. The provisions governing municipal elections apply, subject to the specific provisions of this chapter.
[106] 1 In municipalities resulting from a merger, the former municipalities may be guaranteed a seat on the General Council by expressing their desire in the merger agreement.
2. However, the former municipality in which there is no candidate for election to the General Council does not benefit from this guarantee.
3. The guarantee lapses at the end of the legislature during which the merger takes effect. However, it may be extended by the merger agreement until the end of the following legislature.
[107] 1 If a former municipality is not represented by any of the elected persons, the person who received the highest number of votes in that municipality shall be elected. Article 95h is reserved.
2. When allocated, the guaranteed seats are assigned to the concerned lists, with the elected person in this regard taking the place of the person who was the least well-elected on the list, if necessary. If the latter is the sole representative of a former municipality, the person immediately preceding them on the list shall relinquish their place, provided that this person is not the only representative of a former municipality. This process is repeated until the guaranteed seat is allocated.
[108] 1 The person who has obtained the greatest number of votes in the former municipality but who is on a list that has not secured a seat is excluded from the election.
2. In this case, the person who has obtained the second-best result in the former municipality is elected, provided that the list on which they appear has secured a seat. This process is repeated until the guaranteed seat is allocated.
[109] 1 If a former municipality is not represented by any of the elected individuals, the person who received the highest number of votes in that municipality is elected.
2. The person elected in this manner replaces, if necessary, the individual who was elected with the least support. If the latter is the only representative from a former municipality, it is the person immediately preceding them in the election results who gives up their place, provided that this person is not the only representative of a former municipality. This process is repeated until the guaranteed seat is allocated.
[110] 1 In the proportional representation system, if a vacancy results in the loss of the seat guaranteed to a former municipality, the first substitute from the same list residing in the territory of that municipality is declared elected. If there is no such person, or if the person refuses the seat, the first substitute from the same list takes their place.
2. In the single-round majority system, if a vacancy results in the loss of the seat guaranteed to a former municipality, the first substitute residing in the territory of that municipality is declared elected. If there is no such person, or if the person refuses the seat, the first substitute takes their place.
3. In both systems, if there is no longer a substitute eligible for the guaranteed seat, a supplementary election is conducted in accordance with the general rules of Article 95 as well as the specific rules of Articles 95g to 95i.
**Total Revision of the Constitution**
A total revision of the Constitution may be requested by at least ten thousand voters.
[111] 1 A partial revision of the Constitution can be requested by at least six thousand voters.
2. The initiative aims at the adoption, repeal, or amendment of constitutional articles by the Grand Council.
3. The initiative request takes the form of a drafted project or a general proposal. It must adhere to the principle of unity of the subject matter.
[112] 1 Four thousand five hundred electors may request the Grand Council to adopt, amend, or repeal
a) a law;
b) a decree that incurs an expense;
c) a decree by which the Grand Council submits an initiative to the Federal Assembly.
2. The initiative request may take the form of a drafted proposal or a general proposal. It must adhere to the principle of unity of matter.
1. Any initiative must be announced in writing to the State Chancellery, with a draft list of signatures, by at least five voters; these individuals are considered the authors of the initiative (initiative committee).
2. If the title of the initiative is misleading or causes confusion, it is rejected by the State Chancellery. The initiative committee is heard beforehand.
3. If the list satisfies the legal and regulatory conditions, the State Chancellery publishes without delay the title and text of the initiative, as well as the list of the members of the initiative committee, in the Official Gazette.
The signature lists for the initiative must be prepared by municipality and contain the following information
a) the political municipality where the signatories are registered in the voters' register;
b) the text of the initiative and the deadline for its submission;
c) the names, first names, and addresses of at least five members of the initiative committee;
d) the text of Article 101 of the law.
[113] 1. The elector must clearly write their surname, first names, date of birth, and address on the list by hand, and sign it.
2. They may only sign the same initiative once.
3. Anyone who places a signature other than their own, signs on behalf of a third party, or intentionally signs more than once is punishable (Art. 282 of the Swiss Penal Code).
1. The Municipal Council certifies free of charge that the signatories are eligible voters at the cantonal level, if their names appear on the electoral register on the day the list was submitted for certification.
2. When a voter has signed the initiative multiple times, only one signature is certified.
3. The request for certification takes place before the submission of the initiative. The Municipal Council must exercise due diligence.
4. If the certification of signatures cannot be completed before the date of the initiative's submission, the Municipal Council certifies the submission of the lists and the provisional number of signatures.
1. The attestation is refused if the signatory cannot be identified or if they are not a voter in the municipality indicated on the list of signatures.
2. The reason for the refusal must be indicated on the list of signatures.
1. The State Chancellery charges the Municipal Council with remedying the defects affecting the attestation if the success of the initiative depends on it. It may do so itself if the council refuses.
2. These defects can be eliminated even after the deadline set for the submission of the initiative.
1. The lists of certified signatures or the certificates of their filing with the Municipal Councils must be submitted to the State Chancellery no later than six months after the publication of the initiative's announcement in the Official Gazette.
2. This deadline is met if they are submitted by 5:00 p.m. on the last day. If the last day is a Saturday, Sunday, or a legal holiday, the lists may still be submitted on the first following business day, before 5:00 p.m.
Are void
a) signatures that appear on lists which do not contain the legal indications;
b) signatures that were not submitted to the Municipal Councils for authentication within the deadline set for the submission of the initiative;
c) signatures that have been refused authentication.
1. As soon as it has possession of all the lists of certified signatures, the State Chancellery determines whether the initiative has gathered the required number of valid signatures within the deadline and publishes its decision in the Official Gazette, specifying the number of valid signatures and the number of null signatures.
2. It communicates to the municipalities the list of annulled signatures, which is available to the voters.
3. If the initiative has gathered the required number of valid signatures within the deadline, the Council of State submits a preliminary report to the Grand Council, inviting it to rule on the substantive admissibility of the initiative within three months following the publication of the results.
4. If the initiative is declared admissible by the Grand Council, the Council of State transmits it to the Grand Council accompanied by a report within two years following the publication of the results.
[114] 1 The principle of a total revision of the Constitution is subject to a popular vote no later than eighteen months after the initiative has been submitted to the Grand Council.
2. The Grand Council may propose either the rejection or acceptance of the initiative.
3. The revised Constitution is presented for popular approval within a maximum period of six months from the final decision of the Grand Council or the constituent assembly and must, to be accepted, obtain an absolute majority of the voters who have validly participated in the vote.
[115] 1 The Grand Council must make a decision on the initiative for a partial revision of the Constitution no later than twelve months after it has been submitted to them.
2. Upon receiving a general proposal, the Grand Council may
a) approve it and follow up on it. It then drafts a project which is submitted to the people's vote;
b) submit it directly to the people's vote, with or without a proposal for rejection and, if applicable, a counter-proposal as per Article 111a. If accepted by the people, it submits a draft to them within a two-year period.
3. Upon receiving a drafted project, the Grand Council decides whether to approve it or not. The project is then submitted to the people's vote, with or without a proposal for rejection and, if applicable, a counter-proposal as per Article 111a.
4. The revised part of the Constitution is submitted to a popular vote within a maximum period of six months from the final decision of the Grand Council and must, to be accepted, obtain the absolute majority of the validly participating voters.
[116] 1 The Grand Council must decide on the legislative initiative no later than twelve months after it has been submitted to it.
2. When presented with a general proposal, the Grand Council may
a) approve it and proceed with it. It then drafts a text which it adopts in a law or a decree;
b) submit it directly to a popular vote with or without a proposal for rejection and, if applicable, a counter-proposal in the sense of Article 111a. In case of acceptance by the people, it drafts a text within two years which it adopts in a law or a decree.
3. When presented with a drafted project, the Grand Council may
a) approve it through a law or a decree;
b) not approve it. The project is then submitted to a popular vote with or without a proposal for rejection and, if applicable, a counter-proposal in the sense of Article 111a.
4. Repealed.
5. The projects and counter-proposals in the sense of Article 111a submitted to popular vote must be done so no later than six months after the decision of the Grand Council.
1. The initiative may be withdrawn until the day it is adopted by the Grand Council, or failing that, until the day the State Council sets the date for the popular vote.
2. The withdrawal is decided by the initiative committee.
3. The declaration of withdrawal must be signed by the majority of the committee members.
4. It is communicated to the State Chancellery and is published in the Official Gazette.
[117] 1 In this law, a counter-proposal is understood as a direct counter-proposal, meaning one that is submitted to a public vote simultaneously with the initiative.
2. The counter-proposal in the form of a general proposal or a drafted project may be of legislative rank, constitutional, or in the form of a decree.
3. In the event of the withdrawal of an initiative accompanied by
a) a counter-proposal in the form of a general proposal, the Grand Council drafts, within two years, a text that it adopts in a law or a decree;
b) a counter-proposal in the form of a drafted project, the counter-proposal is, if applicable, published in the official gazette and subjected to the usual rules regarding the referendum (art. 42 and 44 Cst.NE [118]), but at a minimum to the optional referendum.
[119] 1 The Council of State ensures that the initiative and, if applicable, the counter-proposal receive sufficient and objective publicity. The opinion of the initiative committee must be presented.
2. The text of the initiative and, if applicable, the counter-proposal are sent to the voters along with the voting material.
**1 When an initiative and a counter-proposal are submitted to a popular vote together, the following questions are presented to the voters on the same ballot:**
2. Do you accept the counter-proposal of the Grand Council?
Subsidiary question
If the people accept both the initiative and the counter-proposal, should the initiative or the counter-proposal come into effect?
2. The absolute majority is determined separately for each of the questions.
3. When both the initiative and the counter-proposal are accepted, the decision is made based on the answer to the third question.
**The Council of State presents a report on the voting results to the Grand Council at the next session.**
[120] 1 Ten percent of the voters of the municipality may request the adoption, modification, or repeal of a municipal regulation, a decision of the General Council (excluding appointments), or any project concerning the municipality.
2. The initiative request must take the form of a drafted proposal or a general proposition. It must respect the principle of the unity of matter.
3. Repealed.
[121] 1 Every initiative must be submitted in writing to the Municipal Council, accompanied by a copy of the signature lists.
2. If the list meets the legal requirements, the Municipal Council promptly publishes the title and text of the initiative in the Official Gazette, along with the list of members of the initiative committee.
3. The signature lists must be submitted all at once to the Municipal Council no later than six months after the publication of the initiative text in the Official Gazette.
4. The initiative committee consists of at least three voters.
5. The Municipal Council verifies whether the initiative has collected the required number of valid signatures within the deadline; the General Council decides on its material admissibility.
[122] 1 The provisions on legislative initiative concerning the canton are applicable by analogy.
2. However, if the initiative has gathered the prescribed number of valid signatures within the deadline, the Municipal Council forwards it to the General Council, accompanied by a report, within six months following the publication of the results. When the initiative takes the form of a general proposal and is submitted for a public vote, the General Council has one year to comply if it is accepted.
[124] 1. One hundred electors can submit a popular motion to the Grand Council.
2. The popular motion is a request made to the Grand Council to direct the Council of State to submit an informational report or a report accompanied by a draft law or decree.
3. It may request urgency.
[125] The signature lists for the popular motion must indicate
a) the political municipality where the signatories are registered in the electoral roll;
b) the text of the motion with a brief motivation;
c) the first signatory's first and last name, and address;
d) the text of Article 101 of this law adapted to the popular motion.
[126] The provisions relating to the popular initiative and concerning the manner of signing, the official certification, and the grounds for nullity, as provided in Articles 101 to 104 and 106 of this law, apply mutatis mutandis to the popular motion.
[127] 1 The lists of signatures certified by the Municipal Council are submitted to the General Secretariat of the Grand Council.
2. The General Secretariat of the Grand Council forwards these lists to the State Chancellery, which determines whether the motion has garnered the prescribed number of valid signatures.
3. The State Chancellery communicates its decision to the first signatory of the motion, indicating the number of valid signatures and the number of null signatures.
4. If the motion has garnered the prescribed number of valid signatures, the State Chancellery forwards it to the General Secretariat of the Grand Council.
[128] The Grand Council handles the popular motion in accordance with Articles 248 to 253 of the OGC.
[129] The popular motion may be withdrawn by its initial signatory until the opening of the debates in the Grand Council by submitting a written declaration to the General Secretariat of the Grand Council.
[131] 1 A number of voters in the commune at least equal to the number of seats on the General Council may submit a popular motion to the General Council.
2 The popular motion is a request made to the General Council to instruct the Municipal Council to send it an information report or a report accompanied by a draft regulation or ordinance.
[132] The signature lists for the popular motion must indicate
c) the text of Article 101 of the present law adapted to the popular motion.
[133] The provisions related to the popular initiative at the cantonal level concerning the manner of signing, as provided in Article 101 of this law, are applicable by analogy to the popular motion.
[134] 1 The signature lists shall be sent to the Municipal Council.
2. The Municipal Council determines whether the popular motion has garnered the prescribed number of valid signatures, with the provisions related to the cantonal popular initiative concerning certification, as provided in articles 102 and 103 of this law, being applicable by analogy.
3. The Municipal Council communicates its decision to the first signatory of the motion, indicating the number of valid signatures and the number of invalid signatures.
4. If the motion has collected the prescribed number of valid signatures, the Municipal Council forwards it to the General Council for inclusion on the agenda of its next session.
[135] 1. A popular motion cannot be subject to amendment.
2. A popular motion is not subject to any development during the session.
3. If no member of the General Council nor the Communal Council opposes the popular motion, it shall be accepted.
4. If a member of the General Council or the Communal Council opposes the popular motion, debates are opened, and the General Council shall decide by vote.
5. In the event the popular motion is accepted, the Communal Council shall act upon it within one year.
[136] The popular motion may be withdrawn by the first signatory until the opening of the debates in the General Council by means of a written declaration addressed to the president or chairperson.
[137] The Council of State shall order a vote on acts subject to mandatory popular referendum within six months from their adoption by the Grand Council (Art. 44, para. 1, letters a, b, and c, and Art. 104 of the Constitution).
[138] Four thousand five hundred electors may request that the following be submitted to a vote by the people
a) a law;
b) a decree that entails an expenditure;
c) a decree by which the Grand Council submits an initiative to the Federal Assembly;
d) an opinion that the Grand Council gives to the federal authority concerning the establishment of a nuclear facility;
e) a decree approving an international or intercantonal treaty whose content is equivalent to one of the acts mentioned in letters a and b of this article;
f) a decree approving a concordat concluded with a Church or another recognized religious community;
g) other acts of the Grand Council if thirty of its members have so decided.
[139] 1 The prior announcement of the referendum, signed by five voters, must be submitted to the State Chancellery within twenty days from the publication of the contested act.
2. The State Chancellery shall promptly verify that the names of the signatories appear on the register of voters at the cantonal level on the day the announcement is submitted.
3. Article 120, paragraph 3, shall apply by analogy to the submission of the announcement to the State Chancellery.
[140] If no request for a referendum has been announced within the allotted time or if the prior announcement of a referendum does not include five valid signatures from voters, the Council of State shall proceed with the promulgation of the law or decree.
[141] 1. The application must be submitted within ninety days following the publication of the act in the Official Gazette.
2. The application must be submitted within the same time frame when the text of the act is not subject to full publication. In this case, only the title is published in the Official Gazette, accompanied by a notice indicating that copies deposited at the State Chancellery are available to voters free of charge.
3. Signature lists must be submitted to the State Chancellery no later than the last day of the deadline by 5:00 PM. If the last day falls on a Saturday, Sunday, or a legal holiday, the lists may still be submitted on the next working day by 5:00 PM.
Lists of signatures requesting the referendum must be drawn up by municipality and contain the following details
a) the political municipality where the signatories are registered in the electoral roll;
b) the designation of the contested act with the title and the date it was adopted by the Grand Council;
c) the deadline for submitting the lists;
d) the text of Article 101 of the law.
The provisions relating to the popular initiative and concerning the signature, official certification, and grounds for nullity, as provided in Articles 101 to 104 and 106 of this law, are applicable to the request for a referendum.
1. The request for a referendum cannot be withdrawn.
1. The State Chancellery verifies whether the request for a referendum is submitted in a timely manner and if it has gathered the prescribed number of valid signatures.
2. It publishes its decision in the Official Gazette, indicating the number of valid signatures and the number of void signatures.
3. It communicates to the municipalities the list of annulled signatures, which is made available to the voters.
When the referendum request has been successful, the Council of State submits the contested act to a popular vote within six months following the expiration of the referendum deadline.
[142] 1 The Council of State ensures that the act submitted for a popular vote receives adequate objective publicity. The opinion of the referendum committee must be presented.
2. The text of the act submitted for a popular vote is sent to the voters along with the voting materials.
The Municipal Council must submit any special contribution authorized by the State Council, pursuant to Article 41 of the Communal Law of December 21, 1964, to a public vote within six months following its adoption by the General Council.
[143] 1 Ten percent of the voters of the commune can request that a popular vote be held on
a) any order or regulation from a General Council containing general provisions and affecting the commune as a whole;
b) any decision of the General Council that results in creating a new financial commitment or a new expense chargeable to the communal budget.
2. The following cannot be subjected to a referendum request
a) the budget and accounts;
b) decisions and orders of an urgent nature; the clause declaring the urgency must be included in the act itself and must be pronounced by a two-thirds majority of the members of the General Council who participate in the voting.
1. Any decree or decision of a General Council that is subject to a referendum request must be published officially by the Communal Council as soon as possible.
2. If the text cannot be published in full, it is sufficient to publish the title, accompanied by a notice that the full text can be consulted at the communal office.
[144] 1 For ordinances and regulations of the General Council concerning a municipal land use plan, the prior announcement of the referendum, signed by five voters, must be submitted to the Municipal Council within 10 days from the publication of the contested act.
2. The Municipal Council shall promptly verify that the names of the signatories are listed on the register of voters at the municipal level on the day the announcement is submitted.
3. Article 130, paragraph 2, applies analogously to the submission of the announcement to the Municipal Council.
[145] 1 The request for a referendum must be submitted to the Municipal Council within forty days following the publication of the contested act in the Official Gazette.
2. When the referendum period expires between July 15 and August 15 or between December 20 and January 10, it is extended by ten days.
For the rest, the provisions relating to the optional cantonal referendum apply by analogy.
[146] 1 Ten percent of the municipal voters from all the member municipalities of an intercommunal syndicate may request that a decision of the Intercommunal Council be submitted to a popular vote. In no case can the number of required voters exceed that specified in Article 119.
2. Article 128 applies by analogy to the subject matter of the referendum.
3. In regional syndicates and for a decision related to a secondary task, the request for a referendum must be made by ten percent of the municipal voters from all the member municipalities participating in said task.
[147] 1 The provisions concerning the optional cantonal referendum apply by analogy, subject to the following provisions
a) any decision subject to a referendum must be published in the Official Gazette by the committee of the intermunicipal union no later than fourteen days after its adoption;
b) the Municipal Council of each member municipality of the union shall simultaneously post a notice on the public notice board referring to the publication made in the Official Gazette;
c) copies of the decision submitted to the popular vote must be made available to voters in the municipal offices of the member municipalities of the union at least eight days before the date set for the vote.
2. In regional unions and for a decision concerning a secondary task, the rules under letters b and c above only apply to member municipalities participating in said task.
[150] 1 The parties represented in the Grand Council are required to publish their balance sheets and profit and loss accounts annually in the Official Gazette of the Republic and Canton of Neuchâtel (hereinafter: the Official Gazette), or to file them with the State Chancellery.
2. The publication or filing of accounts is carried out in the form in which they were approved by the competent statutory body.
3. The State Chancellery determines the uniform accounting plan according to which the accounts must be prepared.
Art. 133b [151] Each party represented in the Grand Council receives an allowance of 3,000 francs per seat in the Grand Council.
[152] 1. The indemnity is due for each year of the legislature.
2. It is paid in advance each year after the session of the Grand Council in May.
[153] The right to compensation is contingent upon the prior publication or submission of the party's accounts for the previous calendar year.
[154] The annual indemnity falls into the category of indemnities, as defined in Article 3, paragraph 1, letter a, of the Subsidies Act (LSub), of February 1, 1999 [155].
[157] 1 Any political party that submits lists of candidates for cantonal or communal elections may receive donations.
2. The same applies to a political party that publicly takes a position during a cantonal or communal vote.
3. A donation is understood as any voluntary act by a natural or legal person intended to provide an advantage of an economic or financial nature.
[158] 1 A political party acting as stated in Article 133f, paragraphs 1 and 2, cannot accept anonymous or pseudonymous donations.
2. These donations must, if possible, be transferred to a public-benefit association or foundation pursuing a charitable purpose.
3. If this is not possible, they must be destroyed.
[159] 1 A political party acting as described in Article 133f, paragraphs 1 and 2, must declare to the State Chancellery any donations or pledges of donations of 5,000 francs or more that it receives.
2. This declaration takes the form of a list indicating the names, first names, and addresses of the donors as well as the amounts donated or pledged.
3. The political party may choose not to specify on this list the amount donated or pledged by each individual donor.
4. In such a case, it must indicate the total sum received and pledged.
[160] 1 Donations made by the same donor to a political party are aggregated.
2. If the aggregated donations reach 5,000 francs or more, this person must be listed as a donor.
[161] 1. The announcement of donations must occur for each election or vote no later than three weeks before the day of the election or vote.
2. The State Chancellery shall inform about the submission of the lists in the Official Gazette at least 9 days before the day of the election or vote.
3. The costs of publication shall be borne by the State.
4. The lists can be consulted at the State Chancellery.
[163] 1 Any group of persons, regardless of its legal structure, that submits candidate lists for cantonal or communal elections may receive donations.
2. The same applies to any group of persons, regardless of its legal structure, that takes a public and regular position during a cantonal or communal vote.
[164] Articles 133f to 133j are applicable to these groups of persons.
[166] 1 Each candidate in a cantonal or communal election must report to the State Chancellery any donations or pledges amounting to 5000 francs or more that he or she receives to finance their electoral campaign.
2. This report takes the form of a list that indicates the names, first names, and addresses of the donors, as well as the amounts given or promised.
3. The candidate may choose not to specify individually on this list the sum given or pledged by each donor.
4. In such case, he or she must indicate the total sum thus received and promised.
5. Article 133i is also applicable.
[167] 1. The announcement of donations must occur no later than three weeks before the election day.
2. The State Chancellery shall announce the submission of lists in the Official Gazette at least 9 days before the election day.
3. The costs of the publication shall be borne by the State.
4. The lists can be consulted at the State Chancellery.
[168] 1 Initiative committees and referendum sponsors must report to the State Chancellery any donations or pledges of 5,000 francs or more that they receive to finance signature collection campaigns and campaigns preceding votes.
2. This report takes the form of a list that includes the names, first names, and addresses of donors as well as the amounts donated or pledged.
3. Initiative committees and referendum sponsors may choose not to individually list the amounts donated or pledged by each donor on this list.
4. They must then indicate the total amount thus received or pledged.
5. Article 133i is additionally applicable.
[169] 1. The announcement of donations must occur no later than three weeks before the day of the vote.
2. The State Chancellery shall inform about the submission of the lists in the Official Gazette at least 9 days before the day of the vote.
3. The costs of publication are borne by the State.
4. The lists may be consulted at the State Chancellery.
[171] 1 No later than the time of filing the lists, candidates for the Council of State and the Council of States must declare their interests to the State Chancellery as follows
a) professional activities, salaried or independent, specifying their role and, if applicable, their employer;
b) positions held within management, supervisory, advisory, or other bodies in Swiss or foreign companies, institutions, or foundations, whether under private or public law;
c) advisory or expert functions performed on behalf of public entities;
d) permanent management or advisory roles undertaken for Swiss or foreign interest groups;
e) roles held within commissions or other bodies emanating from public entities.
2 For each interest declared under paragraph 1, letters b to e, it must be specified whether the annual amounts received represent a sum
c) exceeding 75,000 francs.
Compensations are not taken into account.
3 The State Chancellery publishes this information in the Official Gazette no later than the Friday of the fifth week preceding the election.
[172] Article 1: All disputes related to the organization of elections, elections and popular votes, as well as popular initiatives and referendum requests in the canton and municipalities, can be brought before the State Chancellery
– by way of complaint when the grievances concern the State Chancellery;
– by way of appeal in other cases.
2. The decisions on appeals or complaints by the State Chancellery are subject to appeal to the Cantonal Court.
3. An appeal to the Cantonal Court against decisions of the Grand Council or the Council of State is not admissible.
[173] 1. The right to appeal belongs to every voter in the electoral district.
2. When a Municipal Council refuses to register a person in the electoral register, the right to appeal is reserved for that person.
3. The right to appeal to the Cantonal Court is granted to the authorities that participated in the first instance procedure.
4. The right to file a complaint follows the rule of paragraph 1.
[174] 1 An appeal or claim to the State Chancellery must be filed within six days following the discovery of the grounds for the appeal or claim, but no later than six days after the publication of the voting or election results.
2. Before the Cantonal Court, the deadline for appeal is ten days.
1. Decisions are rendered without delay.
2. When the appeal or claim is lodged before the day of the vote, the decision must be rendered as swiftly as possible to take effect during the vote.
3. Elections or votes can only be annulled if it is likely that the alleged irregularities have decisively influenced the result of the vote.
[175] Articles 279 to 283 of the Swiss Penal Code and 53 to 55 of the Neuchâtel Penal Code shall apply.
[176] 1 The person who, intentionally or negligently, in particular
a) has accepted anonymous or pseudonymous donations;
b) has failed to report to the State Chancellery any conflicts of interest, donations, or promises of donations;
c) has not complied with the deadline for reporting conflicts of interest or donations;
d) has organized or caused to be organized the collection of signatures for a municipal, cantonal, or federal initiative or referendum against remuneration;
e) or has, in any manner, contravened the provisions of Title IV A of this law or its implementing provisions;
2. Attempt and complicity are punishable.
[177] The confiscation in favor of the State of gifts that have not been declared to the State Chancellery and of gains derived from contracts referred to in Article 138a, paragraph 1, letter d, is governed by the Swiss Code of Criminal Procedure (SCCP) of October 5, 2007 [178].
The Neuchâtel Penal Code of November 20, 1940 [179], is amended as follows
[181]
[182]
"The Municipalities Act of December 21, 1964 [183] is amended as follows:"
[185]
[186]
All provisions contrary to this law are hereby repealed, including the Law on the Exercise of Political Rights, dated November 21, 1944 [187], and the Law on the Organization of the Council of State, dated June 23, 1924 [188].
1. This law may not be published in the Official Gazette and come into force until the adoption by the people of the decrees of December 19, 1984 [189] concerning the revision of Articles 30, 31, and 33 of the Cantonal Constitution of November 21, 1858 [190].
2. The Council of State shall set the date of its entry into force.
1 This law is subject to an optional referendum.
2. The State Council shall, if necessary, provide for its promulgation and execution.
Law promulgated by decree on May 15, 1985.
The effective date is set for October 1, 1985.
Law approved by the Federal Council on August 2, 1985.
For the legislative year 2013-2014, the annual allowance provided for in Article 133b is 2,000 francs per seat in the Grand Council.
Transitional provision for the legislative amendment of February 21, 2017 [192]
The amendments of February 21, 2017, apply for the first time to the general election of the Grand Council in 2021, respectively to the general election of the general councils in 2020.
Transitional provisions to the amendment of December 1, 2020 [193]
The amendment to Article 44a applies for the first time to the general election of the Grand Council in 2021.
Pending cases before the Regional Court of Montagnes and Val-de-Ruz as of January 1, 2021, remain under its jurisdiction in terms of location, until the conclusion of proceedings.
1. Service heads, office heads, their deputies, as well as other members of the cantonal administration staff holding the rank of service or office head.
2. Personnel of the general secretariats of departments and the State Chancellery.
3. Personnel of the cantonal financial control.
4. Personnel of the Grand Council service.
5. Personnel of judicial authorities.
6. Personnel of debt collection and bankruptcy offices, excluding administrative employees.
7. Officers of the Neuchâtel police and members of the Neuchâtel police to whom the law grants the status of judicial police officers.
8. Other members of the cantonal administration staff to whom the law grants the status of judicial police officers.
9. Management personnel of detention facilities.
10. Lawyers of the legal service.