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Table of Provisions (117)
Statutory Text (117 Provisions)
1. In these regulations, male and female personal designations always also include persons of the other gender.
1. The Cantonal Council decides on the validity of its election at the inaugural meeting.
2. The Government Council reports on the cantonal council elections and submits a proposal.
3. The election records are approved by electoral districts. The members of the respective electoral districts may neither participate in the deliberation nor in the voting.
4. After validation, the Council appoints its leadership. Subsequently, the council members take the official oath.
1. The senior president administers the oath of office to the new president, who in turn administers it to the council members.
2. The oath reads: "Pledge before your conscience to uphold the constitution and the laws of the federation and the canton, to faithfully fulfill the duties of your office, and to refrain from anything that could endanger the existence and honor of the country."
3. Anyone who does not take the oath of office relinquishes the position.
1. After its constitution, the Cantonal Council reviews and approves the election records of the government council elections. Section 2, paragraph 2 applies accordingly.
2. Once the validity of the government council elections is established, the Cantonal Council determines the commencement of office of the newly elected government council members.
3. The members of the government council shall take the oath of office before the President of the Cantonal Council.
1. To the extent technically possible at the respective time, the following transactions are to be conducted through the Council Information System
a) Disclosure of interests (§ 25 of the Cantonal Council Act of September 24, 1989);
b) Disclosure of personal information (§ 26 of the Cantonal Council Act);
c) Submission of motions on the matter (§ 48);
e) Submission of initiatives (§ 79);
f) Submission of an objection against a regulation or a regulatory amendment (§ 90).
1. The authorized individuals must ensure that when using the protected IT system, official and commission secrets are maintained at all times and that misuse or unauthorized use of data by third parties is prevented.
2. The council leadership may issue terms of use with additional obligations and, in particular, set minimum requirements for data security therein.
1. All individuals with access authorization according to §5ter shall have access to the following data
a) all public information and documents according to 3quinquies of the Cantonal Council Act of September 24, 1989;
b) proposals and related files concerning items for deliberation by the plenary assembly of the council, which were discussed in confidential sessions according to § 7 paragraph 1 of the Cantonal Council Act;
c) proposals and related files concerning items for deliberation by the plenary assembly of the council, which are not public according to 3quinquies paragraph 2 of the Cantonal Council Act;
d) general information regarding the committees and their meeting operations such as meeting schedules, invitations, and information sheets;
e) proposals and related files concerning items for deliberation by committees, provided they do not contain official secrets according to § 34 of the Cantonal Council Act or were discussed in confidential sessions according to § 17 paragraph 2 of the Cantonal Council Act;
f) records of the deliberations and resolutions regarding proposals or matters according to letter e.
1. Access to proposals and related files of topics discussed by commissions, which contain official secrets according to § 34 of the Cantonal Council Act of September 24, 1989, or were discussed in secret according to § 17 paragraph 2 of the Cantonal Council Act, is granted to
a) the members of the Cantonal Council, insofar as they are related to proposals and files on topics discussed by commissions to which they belong;
b) the members of the Government and the State Secretary;
c) the Council Secretary;
d) the Head of Financial Control, the Head of the Office for Finance, the employees of the Parliamentary Services, other individuals working for the Parliamentary Services, the Department Secretaries, and the Deputy State Secretary, insofar as their area of responsibility is concerned.
1. Access to the protected information system of the Cantonal Council, within the scope of statutory official and meeting confidentiality, is granted to
a) the members of the Cantonal Council;
b) the members of the Government Council and the State Secretary;
c) the Council Secretary;
d) the Chief of Financial Audit;
e) the Head of the Finance Office;
f) the staff of the Parliamentary Services and other persons working for the Parliamentary Services;
g) the Department Secretaries and the Deputy State Secretary.
1. The Cantonal Council assembles periodically for sessions.
2. In agreement with the Government Council, the Council leadership establishes the session schedule. They may decide on a plan up to four years in advance.
3. The sessions usually last two to three days.
1. The agenda shall be published in the Council Information System no later than 10 days before the start of the session. Members of the Cantonal Council shall receive a notification at the time of publication.
2. The proposals to be discussed and the associated documents shall be made accessible in a timely manner in the Council Information System.
1. The Annual Report of the Executive Council shall be discussed in the first half of the year, while the integrated task and financial plan and the budget for the following year shall be discussed in the second half of the year.
1. The location, time, and agenda of the sessions shall be published in the official gazette.
1. The president, five members, or the government council may request a confidential consultation. Such a request is voted on in private, excluding the public.
2. Permission for image and sound recordings will be denied if it is necessary to ensure proper business conduct or if confidential consultation has been decided upon.
1. Persons who disrupt the proceedings shall be admonished to be quiet by the President. If they continue the disruptions, the President shall expel them from the room, using police force if necessary.
2. If the proceedings are persistently disrupted, the President may clear the gallery.
1. If the president and vice presidents or the vote counters are absent during a meeting of the Cantonal Council, the council shall elect deputies, if necessary, under the direction of the oldest present member.
2. In the meetings of the council leadership, the faction leaders may be represented by members of their faction.
3. If a faction leader is already a member of the council leadership in another capacity, the faction may delegate another member as a representative of the faction to the council leadership.
1. The Council Leadership issues the job description for the Council Secretary.
1. Information that is not subject to official secrecy may be obtained directly by the Council Secretary from the department heads or the administrative offices.
2. Information that is subject to official secrecy may only be requested by the Council Secretary on behalf of a commission. In doing so, he adheres to the official chain of command.
1. The Council Secretary may, in order to fulfill the duties, particularly for commission, chancery, and usher services, enlist personnel from the State Chancellery in consultation with the State Secretary. In this case, he has the authority to issue instructions to them.
2. The State Secretary and the Council Secretary coordinate the affairs of the Government Council and the Cantonal Council. They participate in the meetings of the council leadership.
1. The Council Secretary organizes and leads the protocol, legal advisory, specialized WoV, and documentation services.
2. For the purpose of taking minutes in the commissions, he may, in exceptional cases, involve employees from the relevant departments.
3. For the legal advisory service, he may involve legal staff from the departments.
1. If no more candidates are proposed for a commission than there are members to be elected, the members shall be elected in an open vote.
1. If a member has left a commission, their successor shall be elected during the next session.
2. In urgent cases, the president, in agreement with the relevant faction president, appoints the successor. He informs the council during the next session.
1. If a committee member is unable to attend committee meetings for an extended period due to compelling reasons, the council leadership shall appoint a substitute upon the proposal of the respective parliamentary group. The council shall be informed accordingly.
1. The commissions are convened for the first time by the Secretary of the Council and subsequently by the President of the Commission.
2. The commissions constitute themselves. They elect the President and at least one Vice President. The President must be selected from the faction to which the Council leadership has assigned the presidency (§ 10 para. 1 letter b of the Cantonal Council Act).
1. Commissions are generally invited to a meeting at least 10 days before the meeting date. For this purpose, the agenda is published in the protected IT system of the Cantonal Council, and commission members receive a notification. Participants without access to the system are sent the invitation in another digital form.
2. ...
3. The meeting schedules approved by the commission are accessible to all council members in the protected area of the Cantonal Council's IT system.
4. If a subject commission wishes to meet excluding other council members, this decision is, if possible, noted on the invitation.
1. The provisions of these regulations regarding council deliberations (§§ 41 and 43 et seq.) apply mutatis mutandis to committee deliberations.
2. For voting, including in the case of election proposals, only a simple majority applies.
3. The committees may form subcommittees and assign them specific tasks.
1. The responsible head of department may request that the commission excuse him from participating in a commission meeting. If possible, he submits this request at the previous meeting.
2. The commission may decide to meet without the responsible head of department. It informs the head of department of this decision in a timely manner.
1. The commissions shall report to the council in writing or orally and submit proposals. The written reports and proposals shall generally be made accessible to the council members, the government council, and the public in the council information system ten days before the session begins.
2. The commission president or the commission speaker appointed by the commission may orally supplement the written reports in the council debate if necessary.
1. Commission decisions must be transcribed verbatim, while the votes are to be summarized and presented in text form.
1bis Minutes are prepared for the meetings of the commission subcommittees, which are subject to the same distribution and access permissions as the commission minutes. If necessary, minutes of votes may be prepared for meetings of oversight commission committees in the context of their supervisory function.
1ter The minutes briefly summarize the central arguments and any agreements and serve as a memory aid for the spokesperson and the committee members when reporting to the full commission. The minutes are generally prepared by a department employee or by parliamentary services.
2. For the purpose of recording, the proceedings are recorded and stored in the transcription software used by the parliamentary services. Once the commission has approved the minutes, these recordings are to be deleted.
3. If certain agenda items have been discussed in a confidential consultation, they must be recorded separately from the other agenda items.
4. The commissions may waive the preparation of minutes.
1. Minutes of commission negotiations are made accessible within the framework of access rights according to § 5sexies in the protected IT system. The other meeting participants receive the minutes in a different digital form and in extracts.
a)* ...
b)* ...
c)* ...
d)* ...
e)* ...
f)* ...
1bis Additionally, minutes of commission negotiations that were not discussed in secret counseling and do not contain official secrets are provided in digital form and in extracts
a) upon request to the concerned departments involved in the matter;
b) upon application to law-applying authorities, as soon as the respective proposal has come into effect.
2. ...
3. ...
4. After the conclusion of the negotiations of the Cantonal Council, the commission minutes are available for scientific purposes for review. Minutes that reflect negotiations subject to official secrecy may only be reviewed with the permission of the Council Secretary.
1. The Cantonal Council shall appoint the following specialist committees during its inaugural session
a) the Education and Culture Committee (15 members);
b) the Social and Health Committee (15 members);
c) the Environment, Construction, and Economic Committee (15 members);
d) the Editorial Committee (3 members).
2. The supervisory committees consist of
a) Finance Committee: 15 members;
b) Business Audit Committee: 15 members;
c) Judicial Committee: 15 members.
1. Seats shall be allocated to the factions according to the proportional representation system.
2. If a faction is unable to fill all the commission seats to which it is entitled, it shall cede the vacant seats to another faction.
1. A council member can generally hold a seat in only one standing committee at the same time. An exception to this rule applies to the members of the editorial committee.
2. ...
1. The responsibilities of the permanent committees are listed in the table in the annex. The council leadership may issue terms of reference for the committees.
2. The permanent committees periodically inform themselves about the planning or preparatory work for proposals within their area of responsibility and about the results of consultation procedures. They receive the information from the government council pursuant to § 45ter paragraph 1 of the Cantonal Council Act of September 24, 1989, for their information. They may submit suggestions on legislation or its implementation to the head of the relevant department at any time.
1. The Subject Committees have the following tasks
a) Examination of the global budgets of the assigned offices for the Finance Committee; on the performance side, the definition of the goals of the product groups is particularly to be applied for.
b) Supervision of the fulfillment of the performance mandates and their effects based on internal administrative controlling.
2. The Finance Committee has the following tasks
a) Examination of the global budgets of the entire administration after consulting the Subject Committees and representation of the budget as well as application for the financial part of the business report before the council.
b) Ongoing financial supervision.
3. The Audit Committee has the following tasks
a) Preliminary consultation on the business report.
b) Administrative control (examination of resource use, legality control, task review).
c) Evaluation of the effectiveness of laws and political programs; the other committees can request evaluations from the Audit Committee. The council leadership decides on the credits.
d) Cross-sectional issues (systemic problems of administration: leadership, information, coordination, coherence of task fulfillment) and cross-office or cross-departmental issues.
4. The Justice Committee fulfills in its area the tasks of a Subject Committee and the Audit Committee.
1. Any commission that discusses a proposal or matter related to construction, particularly new and renovation projects, rental solutions, or public-private partnership projects, shall inform the Environment, Construction, and Economic Commission about the outcome of its deliberations.
2. The Environment, Construction, and Economic Commission may concur with the proposals of the respective commission or decide on its own proposals for submission to the Cantonal Council.
3. For matters of minor importance, the President of the Environment, Construction, and Economic Commission may waive the agenda item inclusion.
1. Each committee that deliberates on a proposal or matter with financial implications informs the Finance Committee about the outcome of its deliberations.
2. If the Finance Committee can agree with the committee's proposals, the proposal is forwarded to the Cantonal Council. Otherwise, the Finance Committee returns the proposal to the lead committee and specifies how it should be modified for financial or economic reasons. The lead committee may return the proposal to the Government Council with the Finance Committee's comments.
3. If the committee or the Government Council stands by their proposals, the Cantonal Council makes a decision.
1. Drafts of constitutions, laws, and ordinances shall be referred to the Editorial Commission before being addressed in the council.
2. The Editorial Commission reviews the texts from a linguistic and systematic perspective; in doing so, it takes into account the directives on legislative technique issued by the government council.
3. If necessary, the Editorial Commission involves the commission president and the relevant department head in its consultations.
1. The Conference of Presidents of the Standing Committees (Conference of Presidents) convenes upon the invitation of the Council President or at the request of two committee presidents.
2. The Conference of Presidents coordinates the activities of the standing committees.
1. For proposals of special significance, whose preliminary discussion is expected to require more than three sessions, the council leadership may establish special commissions.
1. The basic compensation covers expenses for document study and private infrastructure, etc.
2. The basic compensation amounts to 3000 Swiss Francs per year for each council member.
3. Council members who leave the council or join it during the year receive the basic compensation on a pro-rata basis.
1. Councillors shall receive an attendance fee of 130 Swiss francs for participation in
a) Council meetings;
b) Committee meetings;
c) A maximum of three extraordinary caucus meetings per year, in addition to plenary sessions.
2. The attendance fee shall be 200 Swiss francs for
a) Meetings lasting more than five hours and not associated with an excursion;
b) Participation in council and committee meetings on the same day;
c) Once per session for participation in council and caucus meetings on the same day.
3. Double the attendance fee shall be paid for chairing council, committee, and caucus meetings.
3bis. Councillors who prepare a memorandum on committee meetings shall receive compensation equivalent to the regular attendance fee.
4. Caucus meetings for which an attendance fee is claimed must be designated by the caucus president. The attendance fee shall only be paid to caucus members who have signed in on an attendance list.
5. The council leadership shall decide on disputes concerning compensation issues.
1. The President of the Council receives an annual additional compensation of 10,000 francs.
2. If the President of the Council demonstrably suffers a loss of earnings due to participation in events, he shall receive an additional compensation of 100 francs per half day.
3. The compensation for the meetings of the Council Presidency shall be governed by the rules applicable to the committee meeting allowances.
1. For participation in council, committee, and faction meetings, for which a meeting allowance is provided, council members receive travel compensation. This is calculated according to the regulations applicable to state personnel.
2. For meetings that take place on the same day and at the same location, travel compensation is granted only once.
3. For each meeting day of the cantonal council and its committees, a meal allowance for one main meal is provided. This is calculated according to the rates applicable to state personnel.
3. Council members responsible for the care of children up to the age of 12 or dependent relatives, who incur regular expenses for such care, shall be granted a compensation of 100 Swiss Francs per half-day meeting upon a justified request.
1. Sessions generally last from 8:30 a.m. to 12:30 p.m. The Council may conduct full-day sessions or evening sessions.
2. The President may interrupt the session for a half-hour break.
1. The names of the members present, excused, and unexcused absent members shall be recorded.
2. Excuses must be communicated to the council secretary.
1. For valid deliberation and resolution, an absolute majority of the members must be present. The president may verify the presence at any time or order a roll call.
1. In the council chamber, the council ushers are available for services.
1. The Cantonal Council addresses each matter in principle during the admission debate and decides whether to enter into it. For matters whose consideration is required by the constitution or a law, the admission resolution is omitted.
2. In the admission debate, factions should mainly disclose how they assess a proposal. Only motions for admission, non-admission, referral back, and procedural motions are permissible.
3. If the Council decides not to enter into a matter, the business is considered settled and is removed from the agenda.
4. After the admission resolution, the Council may refer a matter back to a council body or to the government council for revision.
1. If the resolution to proceed is made and the matter is not rejected, the proposal is discussed in detail.
2. During the detailed consultation, individual parts of the proposal can also be referred back for revision.
3. During the detailed consultation, the council members focus on the respective subject of discussion. The president may admonish them to do so.
1. Upon completion of the detailed discussion, any member of the council may request to revisit certain parts of a proposal. The request for reconsideration must be briefly justified. The council makes a decision without further discussion.
2. If the request is granted, another detailed discussion on the relevant subject will be held.
1. After the conclusion of the detailed consultation and the handling of any motions to reconsider, the council decides on motions that require individual provisions of a law or resolution to be submitted to the public for a vote separately, possibly with variants (Art. 35 Para. 2 of the Cantonal Constitution).
2. If the council has decided to discuss a draft twice, motions for individual item votes are only permissible after the second reading.
3. If the council approves such a motion, a detailed consultation takes place regarding the proposed variants. The council may also refer such variants back to the preparatory commission for revision.
1. In the final vote, a definitive decision is made on the proposal, including any possible variants.
2. After the final vote, the proposal can only be amended editorially.
3. The council may revisit a final vote in the same session.
1. Applications related to the matter must generally be submitted in writing and in digital form through the council information system, preferably before the commencement of the deliberations.
1. Regarding motions with unclarified financial implications, a vote may only take place once the Executive Council and the competent committee have provided their opinions.
1. Motions regarding procedure particularly include motions for
a) secret deliberation (§ 10);
b) determination of presence (§ 40);
c) compliance with the duty to recuse;
d) rejection (§§ 43 et seq.);
e) second reading;
f) conclusion of the discussion on a specific subject (§ 55 para. 2);
g) adjournment of the proceedings;
h) deferral of the business.
2. Motions regarding procedure may be made at any time. They shall be dealt with before substantive motions.
1. Anyone who wishes to speak on a subject or make a motion must register with the President. If the President wishes to participate in the discussions, he or she shall turn over the chairmanship to the Vice President.
2. No one may speak more than twice on the same subject. Exempt from this rule are the speakers of the commissions, the council of ministers, and the parliamentary groups.
3. The floor is always open for procedural motions, corrections, and responses to personal remarks.
4. For statements from parliamentary groups on non-agenda items, the floor shall only be granted if the Council leadership approves a corresponding request.
1. Speaking time is limited to five minutes per vote.
2. It is set at 10 minutes for the first votes of
a) Committee speakers;
b) Speakers of the Executive Council;
c) Parliamentary group speakers;
d) Authors of motions declared urgent.
3. The President may grant exceptions.
1. The floor is first given to the faction speakers on each subject. After their speeches, the president grants the floor in the order of registration.
2. The commission speakers and the speakers of the government council may participate in the discussions at any time.
1. A council member who violates these rules or breaches parliamentary decorum shall be called to order by the president. In the case of a repeated offense, the president shall withdraw the member's right to speak.
2. Any member may request a call to order or withdrawal of the right to speak. The president shall decide on such a request.
3. If the decision of the president is contested by the applicant or the affected member, a vote shall be taken on the matter without further discussion.
1. The President concludes the deliberation when the discussion is exhausted.
2. A motion to close the discussion is voted on immediately. The motion requires the approval of 2/3 of the members present. Members who have previously requested to speak will still be given the floor.
1. The President provides an overview of the submitted motions before each vote and makes proposals regarding the voting procedure.
2. The Council decides on motions concerning the voting procedure.
1. If no counter-motion is presented to a proposal, the President shall declare it as the resolution of the Cantonal Council without a vote. However, any member of the Council may request that a vote be conducted.
2. A final vote shall be conducted in every case.
1. Main Motions are
a) the motion of the preparatory commission;
b) motions intending to entirely replace this motion;
c) motions to delete the commission's motion.
2. Amendments relate to a main motion, and sub-amendments relate to an amendment.
3. Contingent motions are those that, according to the intention of the motion's proposer, should only be voted on if a specific condition is fulfilled.
1. The President shall first determine which motions are considered main motions and which are considered amendments or sub-amendments.
2. Sub-amendments must be put to a vote before amendments, and amendments must be put to a vote before main motions. In exceptional cases, unrefined main motions may be juxtaposed in principle votes.
3. If several motions are submitted at the same level, they shall be juxtaposed in contingent votes. The following rules apply
a) No more than two motions are ever juxtaposed; the prevailing motion will be juxtaposed with the others.
b) The motions shall be voted on in the following order: motions by the council members, motions by the governing council, motions by the commission minority, motions by the commission majority.
c) If no motion for deletion has been submitted, any council member can request that a main vote be conducted on the last remaining motion.
1. If a subject of voting is divisible, any council member may request a separate vote.
1. Voting is generally conducted publicly. In the case of confidential deliberation, voting is conducted secretly.
2. Public voting is conducted using the electronic voting system with name disclosure. Secret voting is conducted using the electronic voting system without name disclosure.
3. Voting by proxy is not permitted.
4. The commission spokespersons vote at the spokesperson’s designated position, while the other council members vote at their assigned positions.
1. The electronic voting system counts and records the votes cast in each ballot. In the case of a public vote, the voting behavior of the council members and the result are displayed on screens and stored in a list by name. In the case of a secret vote, only the result is displayed and the names of the voters are not recorded.
2. The President announces the result. Any objections to the determined outcome must be raised immediately.
3. The voting results are published with the individual voting behavior of the council members in the public council information system and in the "Proceedings of the Cantonal Council" (§ 77 para. 1).
4. In the publication, it is noted for each council member whether they
a) vote yes;
b) vote no;
c) abstain from voting;
d) do not participate in the vote.
1. If electronic voting is not possible, 17 council members can request in writing that a roll-call vote be conducted. The names of the voters and their votes are recorded. The voting result is published according to § 61bis.
2. In a roll-call vote, the council members respond in alphabetical order of their names from their seats to the voting question presented by the President with "Yes," "No," or "Abstention."
3. Only the vote cast immediately after the reading of the individual name is counted.
1. In the event the electronic voting system is defective, voting shall occur
a) in public votes by a show of hands or by roll call;
b) in secret votes by written ballot. In this case, Sections 71 - 73 apply mutatis mutandis, and voting by roll call is excluded.
1. Insofar as the cantonal constitution or a law does not provide otherwise, a valid resolution requires the majority of the votes cast.
2. If a proposal achieves an absolute majority of the votes cast in a principal vote, a countermajority is only determined if requested by a member of the council.
1. In clear cases, the President determines whether the necessary majority has been achieved.
2. In cases of doubt or upon request by a member of the council, the votes are counted.
3. In secret ballots, the votes are counted in any case. Blank ballots and invalid votes are disregarded.
1. In the event of a tie vote, the motion to which the president has agreed shall be deemed adopted. If the president has not voted, he shall cast the deciding vote.
2. In cases of pardon, if there is a tie vote, the motion that is more favorable to the applicant shall be deemed adopted.
1. The parliamentary services ensure that vacancies, whose holders are elected by the Cantonal Council, are advertised in a timely manner. They verify any eligibility requirements and make the documents available with their report to the preparatory commission in the protected IT system.
2. The preparatory commission assesses the candidates and submits election proposals to the council. The council members receive a list of all candidates who have registered in due time and meet any eligibility requirements (eligible persons).
3. If the preparatory commission considers the result of a job advertisement insufficient, it may have the position re-advertised or propose to the council that it be filled through an appointment process.
4. Upon the request of a council member or the government council, the Cantonal Council may also decide that the position be re-advertised.
1. In the case of regular renewal elections where there is no resignation from the incumbent, the position is not advertised for the first round of voting. The sole candidate is the current officeholder.
2. If the incumbent is not elected in the first round, the position must be advertised before the second round of voting. The current officeholder is considered a candidate unless he has withdrawn his candidacy in writing.
1. Participation in Elections Without Announcement (§ 5 Para. 3 of the State Personnel Act of November 23, 1941) is permitted for those who meet any election prerequisites.
1. In the first and second round of voting, the votes can be attributed to any eligible participant.
2. Elected is the one who achieves the absolute majority.
1. If, in the first or, if applicable, second round of voting, not as many candidates achieve an absolute majority as there are positions to be filled, further rounds of voting shall take place, whereby
a) in the third round, any candidate who received less than three votes in the second round shall be eliminated;
b) in the fourth and fifth rounds, the candidate who received the fewest votes in the preceding round shall be eliminated.
2. In the third and fourth rounds, an absolute majority is required, while in the fifth round, a relative majority suffices. If only one or two candidates remain for a single seat or if as many candidates remain as there are seats to be filled, then a relative majority suffices already in the third or fourth round.
3. In the event of a tie under the conditions of relative majority, the following applies
a) If two candidates are standing for a single seat, a lot drawn before the council shall decide.
b) If other candidates have also received votes alongside the tied candidates, a runoff election shall decide between the tied candidates.
1. Individual and list elections are conducted by secret ballot. To this end, the ushers distribute the ballot papers prepared by the parliamentary services. The number of distributed ballot papers must be recorded for each round of voting.
2. The vote counters collect the distributed ballot papers. Voting by proxy is excluded.
3. The President declares the election closed and has the vote counters determine the election result.
1. An election is only valid if at least half of the council members have participated.
2. Ballots or votes that are illegible or ambiguous, or that name ineligible persons, are invalid.
3. If a ballot contains more names than the number of persons to be elected in the relevant election, the names written first are valid; in this case, counting is done from top to bottom and from left to right.
4. If there are doubts about the validity of a ballot or an individual vote, the vote counters decide. In the event of a tie, they call upon the council president to cast the deciding vote.
1. When determining the absolute majority, invalid and blank votes are counted.
2. If more candidates achieve the absolute majority than there are positions to be filled, the candidates with the highest number of votes are elected. In the event of a tie between two candidates, § 69 paragraph 3 is applied correspondingly.
1. The President announces to the Council after each ballot the number of
a) ballots distributed and ballots received;
b) blank, invalid, and valid ballots;
c) the absolute majority;
d)* votes received by each eligible candidate.
2. Formal errors must be raised immediately. The Council decides on contested elections.
1. All elections conducted by the Cantonal Council shall be published in the Official Gazette.
1. All proceedings are recorded and stored in the transcription software in use by the parliamentary services for the preparation of a verbatim record. The data will not be disclosed to third parties. Once the record is approved, the data will be deleted.
2. Upon request, extracts containing their votes will be delivered to the voters who report to the council secretary by the last working day of the week in which the session ends.
3. The extracts must be returned to the parliamentary services within eight days with any corrections. Substantive changes are not permitted. In case of disagreement, the council leadership will decide.
4. The council leadership approves the record in its first meeting following its publication. It is signed by the council president and the council secretary.
1. Based on the verbatim record, the parliamentary services prepare the "Proceedings of the Cantonal Council." Secret deliberations are not included therein.
2. The "Proceedings of the Cantonal Council" are published in the public council information system and additionally issued in printed form.
1. The laws, ordinances, and resolutions shall be signed in the name of the Cantonal Council by the president and the council secretary.
1. Parliamentary motions may be submitted by members of parliament, party groups, and committees.
2. Parliamentary motions must be submitted in writing and in digital form through the parliamentary information system.
3. Motions submitted before the session are recorded on the first day of the meeting.
4. Motions can be signed by multiple members of parliament through the parliamentary information system. Motions signed by members from two or more party groups may be designated as cross-party. The first signatory is considered the author. Motions from party groups must be signed by their president.
5. Motions may be withdrawn by the author without the consent of the co-signatories until the start of the debate.
6. Mandates that can be the subject of a planning decision may not be submitted while the legislative plan is pending in the parliament.
1. The text of motions and interpellations shall contain no justifications. It is presented with the name of the signatories, excluding any justifying additions, and is reproduced in the government council's annual report.
2. The wording of a motion cannot be altered after its submission. An exception remains under § 81bis paragraph 2.
3. Motions can be justified either orally or in writing. In the case of interpellations and minor inquiries, the author may forgo justification. Written justifications must be submitted to the parliamentary services no later than 20 days after the motion's submission; after this period, the motion is considered not submitted.
**1. The Council of State generally submits its opinion on motions in writing. For mandates, it explains whether and how it intends to accept the motion.**
**1bis.** If the Council of State cannot respond to a motion within the prescribed timeframe, it shall inform the Cantonal Council of the reasons for this delay no later than in the first session following the expiration of the deadline.
**2.** If a motion is related to a pending matter in the council, it is generally to be addressed together with that matter.
**3.** When addressing a motion, the originator may request to supplement the written justification with new aspects. They are allocated a maximum of three minutes speaking time for this purpose. Subsequently, the motion is opened for discussion.
1. After the response by the Executive Council, the order is preliminarily considered by a committee. This committee may submit it to the Council for a decision without detailed consultation. If the order solely requires the examination of a subject, it is presented to the Cantonal Council without prior consultation by a committee.
2. The text of an order can be amended by the Cantonal Council upon request of the author, the Executive Council, or the majority of a committee.
3. The Cantonal Council generally decides on the order in one of the four sessions following the presentation of the rationale. Orders declared as significant are referred to the Executive Council, unless the Cantonal Council decides otherwise.
4. The Council may refer orders declared as significant to the Council leadership or a committee or decide that the matter is to be resolved immediately. An immediate and final decision requires the approval of two-thirds of those present. § 49 remains reserved.
1. The author may declare the proposal immutable upon submission; in this case, the competent commission may waive prior deliberation.
2. Immutable proposals may not instruct the government council to implement a measure within its own area of responsibility.
3. ...
1. The interpellant may declare themselves satisfied, partially satisfied, or not satisfied with the response from the government council. They may explain this declaration in a statement of no more than two minutes.
1. The government council fulfills a mandate requiring the examination of a matter by reporting on the results of its examination in a separate report, in the annual report, or within the framework of a proposal. Separate reports are preliminarily reviewed by the business audit commission.
2. The government council reports on the processing status of the mandates assigned to it in the appendix to the annual report.
1. The governing council requests the discharge of mandates in the annual report or within the framework of a proposal.
2. Upon the request of the Committee for the Audit of Administrative Practices, the council decides during the consideration of the annual report whether a mandate shall be maintained or discharged.
3. The council may decide on the simultaneous discharge of a mandate with its declaration of significance.
1. The Government Council simultaneously submits draft laws and resolutions, for which it initiates a consultation process, to the parliamentary services. The parliamentary services ensure the publication in digital form to the members of the Cantonal Council.
1. If a counter-proposal is to be presented against a popular initiative, the draft of the counter-proposal is first finalized. The President of the Council shall point out the provisional nature of the finalization.
2. Subsequently, the Council decides on the voting recommendation. If the initiative is recommended for acceptance, the counter-proposal is omitted. If the Council recommends that the initiative be rejected or refrains from making a motion on the initiative, it then decides whether it wishes to recommend to the people to accept the counter-proposal and to prefer it over the initiative in the deciding question.
1. The Government Council shall submit its proposal to the Cantonal Council no later than 6 months after the submission of the global budget initiative, regarding the design of the affected global budget and any potential adjustment to the tax rate. The proposal shall outline the consequences for the state budget.
2. The procedure shall be conducted in accordance with § 31bis, mutatis mutandis.
1. The provisions of Sections 81, 84, and 85 shall apply mutatis mutandis to the handling of public initiatives, subject to Section 43 of the Cantonal Council Act.
**1. The Cantonal Council shall determine the duration for which a political indicator is to be collected. Each subject matter committee may propose at most as many political indicators within its area of responsibility as the number of global budgets it oversees. Each supervisory committee may apply for a maximum of three political indicators.**
**2. The Government Council shall, in principle, submit its opinion on applications for political indicators to the Cantonal Council in writing.**
**3. The documents regarding the political indicators shall be submitted to both the subject matter committees responsible for the respective area and to the supervisory committees.**
1. The annual report is pre-examined by the Audit Committee. The other standing committees inform the Audit Committee about findings in their respective areas. For the financial section, the Finance Committee also submits a motion.
2. The annual and semester reports are discussed by the standing committees within the scope of their competencies.
3. Additional interim reports can be reviewed upon request.
1. Applications for the detailing of global budgets must be submitted in writing by the end of October.
2. The responsible specialist commission and the government council provide a written statement regarding such applications for the attention of the cantonal council.
1. The Government Council shall submit the structure of new or to be renewed global budgets to the competent specialist committees by the end of February at the latest.
1bis. The specialist committees shall decide on the structure of the new or to be renewed global budgets by the end of May at the latest. The decisions of the committees are binding for the preparation of the global budget proposals by the government and administration.
2. Multi-year global budgets shall expire under the old structure unless the Cantonal Council decides otherwise.
1. Requests made by the end of November of the election year seeking the issuance of a planning resolution for the legislative plan shall be reviewed in the procedure according to § 88sexies alongside the legislative plan by the competent commission and submitted to the council.
2. The council leadership shall examine their admissibility by December 10. Admissible requests shall be promptly referred to the government council, which shall adopt its opinions for the cantonal council by no later than January 15.
1. A planning decision pursuant to § 17 of the Act on Performance-Oriented Administrative Management can be requested at any time by the Executive Council, a standing committee, a parliamentary group, or 17 members of the council.
1bis. If a request for a planning decision has been made, the council leadership examines whether it has a permissible content. If the council leadership does not consider the planning decision to be inadmissible, it forwards it to the Executive Council for a statement. The council leadership returns inadmissible requests for planning decisions to the author and informs them that the tool of mandate is available.
2. The Executive Council is given an opportunity to comment before the planning decision is discussed by the competent committee. The committee submits a proposal to the council. Minority motions from the committee are permissible; however, individual motions from the council are not.
1. The parliamentary initiative is assigned to a committee for the preliminary examination of whether the council should proceed with it. If the council decides to proceed, it commissions a committee to draft a proposal. If a committee initiates the proposal, it can draft the proposal without a preliminary examination.
2. The executive council submits a written statement to the cantonal council regarding both the consideration of the committee's requests and the drafted proposal.
3. The committee tasked with drafting a proposal hears the executive council before finalizing its report.
1. The Government Council may, in agreement with the President of the Council, make statements to the Cantonal Council on its own initiative regarding important events or issues.
2. The Cantonal Council may decide to open a discussion on the statement.
1. The submission and signing of an objection to a regulation or amendment to a regulation shall be done in digital form through the council information system.
1. The Act on Legal Protection in Administrative Matters applies mutatis mutandis to the handling of complaints in the preparatory commission.
1. If the Cantonal Council declares a petition significant, it shall forward it to the Government Council for review.
1. A new pardon application can only be submitted after one year has passed since the decision was made.
1. If the executive (Regierungsrat) is invited by a federal authority to participate in a consultation, it shall inform the council leadership (Ratsleitung) of this.
2. If the council leadership so requests at its next meeting, the consultation shall be submitted to the Cantonal Council (Kantonsrat) for a statement. The council leadership shall make a recommendation.
3. The statement of the Cantonal Council shall be submitted together with the consultation of the executive.
1. If there is reason to believe that an official subject to the disciplinary authority of the Cantonal Council has violated their official duties, any member of the Council and any member of the Government Council may request the initiation of disciplinary proceedings from the Council leadership. This right is also available to the person concerned themselves.
2. The Council leadership examines the matter, reports to the Council, and makes a proposal. The Council leadership rejects obviously unfounded requests to the applicant with a brief justification.
3. If the Council decides to establish an expert commission, the Council leadership proposes the commission members for election to the Council.
1. Eligible for selection as secretary of the council is anyone who
a) has completed a university degree in law, or
b) has completed a university degree at a faculty of philosophy or a university or college degree at a faculty of economics and demonstrates solid knowledge of constitutional and administrative law.
2. ...
3. Eligible for selection as the head of the cantonal financial control is anyone who holds the qualification as an audit expert according to Article 4 of the Federal Act on the Licensing and Oversight of Auditors (Audit Oversight Act, AOA) of December 16, 2005.
a)* ...
b)* ...
1. Amendments to this regulation cannot be decided upon in the same session in which they are proposed.
1. This regulation is subject to the optional referendum. It shall enter into force on January 1, 1992.
2. The business regulation of December 10, 1960, is repealed.
1. For motions and postulates submitted before the entry into force of these amendments, the previous law applies.