Incompatibility Act (LI) - Scope (GU)

1. This law applies to the members of cantonal and municipal authorities, magistrates, officials, and employees of the state, municipalities, and independent institutions.

2. In this law, any designation of person, status, or function applies equally to both men and women.

1. The incompatibilities provided for in the revision of the law (Art. 17 to 19) do not apply to the members of the municipal authorities for the current legislative period (2021-2024).

1. If two individuals are elected or appointed consecutively to a position that they cannot hold simultaneously, the one causing the incompatibility is considered not elected or not appointed.

2. If two individuals are elected to a position at the same time that they cannot hold simultaneously, the one who received the greater number of votes is considered elected; if both received the same number of votes or were elected under different electoral systems, the decision is made by lot.

3. In all cases, any of the elected individuals may voluntarily renounce their position in favor of the other elected individual. The renunciation must occur within six days following the election or appointment.

1. If a person is elected or appointed to two offices that are incompatible, they must choose between one or the other office within six days of the occurrence of the incompatibility.

2. After the expiration of this period, the decision is made by lot.

1. The Drawing is Conducted

a) at the municipal level: by the president of the municipality, or by the president of the local community;

b) at the cantonal level: by the president of the state council.

2. A drawing is also conducted if an incompatibility arises during the term of office and an explicit legal provision or a voluntary waiver is lacking.

1. The incompatibilities applicable to officials under the present law are not applicable to cantonal teachers, unless explicitly stipulated otherwise.

1. If a law establishes a new office, it must address the issue of incompatibility.

1. The following cannot be members of the Grand Council

a) the members of the State Council and the State Chancellor;

b) * the members of the Cantonal Court, District Courts, Coercive Measures Court, Penal and Enforcement Court, Juvenile Court, as well as the representatives of the Public Prosecutor's Office;

c) * subject to special legislation, persons employed by the cantonal administration and the administration staff employed by the courts and the Public Prosecutor's Office;

d) * cantonal teachers who exercise a managerial function. The State Council draws up the list of managerial functions;

e) * subject to special legislation, persons who hold a managerial function or a board of directors’ mandate in independent institutions of public law and in companies with share capital in which the canton holds at least 50 percent. The State Council draws up the list of managerial functions;

f) * the government prefects and their substitutes.

1. The following cannot be members of the State Council

a) members of the Grand Council;

b) persons entrusted with a full-time or part-time judicial function;

c) the government commissioners and their substitutes, the authorities, officials, and employees of the state, the municipalities, and the autonomous institutions.

1. The following may not serve as full-time or part-time judges or lay judges at the Cantonal Court

a) Members of the Grand Council;

b) Members of the State Council;

c) Members of the Federal Councils;

d) Government commissioners and their substitutes;

e) * Members of a municipal authority;

f) * Full-time representatives of the public prosecutor's office.

1. With the exception of the members of the Original and Citizens' Assemblies, the following cannot be members or deputies of the Child and Adult Protection Authority

a) the members of the legislative, executive, administrative, and judicial authorities at the municipal, citizen, cantonal, and federal levels;

b) the officials and employees of the resident and citizen municipalities.

1. No person can simultaneously hold two offices, where one is subordinate to the other.

1. The office of the Government Lieutenant and the Government Lieutenant Substitute is incompatible with that of a member of a municipal authority, as well as with that of a cantonal and municipal official and employee.

1. Spouses, relatives in the direct line and collateral relatives up to the third degree, as well as in-laws up to the second degree, cannot simultaneously be members of the Council of State, the same court, members or deputies of the same child and adult protection authority.

2. They also cannot simultaneously hold administrative or judicial offices where one is directly subordinate to the other.

1. Full-time magistrates must dedicate their entire time to their function. They may not perform any other function or engage in any other professional activity.

2. Magistrates as defined by this law include the members of the Council of State, the Cantonal Court, the District and Criminal Investigation Courts, the Juvenile Court, the full-time representatives of the Public Prosecutor's Office, and the State Chancellor.

1. A single member of the State Council may take a seat in the federal councils.

2. If several members of the State Council have been elected under the same electoral system, Article 2 paragraph 2 is applicable.

3. If they have been elected under different systems, the term of office in the cantonal government is decisive. In the event of a tie, the decision is made by drawing lots.

1. The role of a full-time magistrate is incompatible with being a member of a board of directors or the executive management of a corporation with a commercial purpose, except in cases of delegation by the state.

2. The organizational regulations of the State Council and the Cantonal Court regulate the undertaking of secondary occupations by magistrates.

1. The exercise of any profession or secondary employment by civil servants, employees, and teachers is regulated by the special legislation concerning their employment relationship.

1. The following cannot be members of the General Council

a) members of the Municipal Council;

b) the judge and the vice judge;

c) * the officials and employees of the commune;

d) * the staff of legal entities that were established by the commune or in which the commune holds a majority stake (50% or more), as well as the staff of municipal associations in which the commune is a member (Art. 116 et seq. GemG).

1. The following cannot be members of the municipal council

a) members of the citizens' council and the general council;

b) the judge and the vice judge;

c) * the officials and employees of the municipal community;

d) * the staff of legal entities that were established by the municipal community or in which it holds a majority interest (50% and more), as well as those of municipal associations in which the municipal community is a member (Art. 116 et seq. GemG).

1. The following cannot be members of the Citizen Council

a) Members of the Municipal and General Council;

b) The Judge and the Vice Judge;

c) * The officials and employees of the Citizen Community;

d) * The personnel of legal entities established by the Citizen Community or in which it holds a majority interest (50% or more), as well as those of municipal associations to which the Citizen Community belongs (Art. 116 ff. Municipal Law).

1. The following cannot serve as judges or vice-judges

a) members of the general council, municipal council, or citizens' council;

b) officials and employees of the resident or citizens' municipalities.

1 The office of the President is incompatible with that of the Secretary or Treasurer of the same corporation.

2 The office of a Councilor is incompatible with that of a full-time Secretary or Treasurer of the same corporation.

1. Spouses, relatives in the direct line and in the collateral line up to the third degree, as well as in-laws up to the second degree, cannot simultaneously be members of the municipal or town council nor serve as judges and vice judges.

2. They also cannot simultaneously hold administrative or judicial positions where one is directly subordinate to the other.

1. The spouses, relatives by blood, and relatives by marriage in the direct line, as well as relatives in the collateral line up to the third degree of full-time council members or the president of the municipality, may not serve in the role of municipal secretary or treasurer.

2. In exceptional circumstances, the State Council may grant exemptions.

1. No one can be a member of more than one municipal council.

1. The full-time President as well as the full-time municipal councilors must devote their entire time to their office. They may not engage in any other professional activity nor be a member of a board of directors or the executive management of a profit-seeking company, unless they are delegated by a public body.

1. The following are repealed by this law

a) Article 46 paragraphs 3 and 4, 100 paragraph 1 second sentence and paragraph 2, 106 and 108 of the Law on Elections and Referendums of May 17, 1972;

b) Article 34 paragraph 2 and 40 paragraphs 2 and 4 of the Law on Municipal Ordinance of November 13, 1980;

c) Article 14 of the Law on Judicial Authorities of May 13, 1960, as well as all other contrary cantonal legislative provisions.

1. The new incompatibilities introduced by the new law shall have no effect on persons already elected or appointed at the time of its entry into force until the end of the current legislative and administrative period.

1. This law is subject to an optional referendum.

2. The State Council shall establish the commencement of this law concurrently with that of Article 90 of the Cantonal Constitution.