-
- Art. 5a FC
- Art. 6 FC
- Art. 10 FC
- Art. 16 FC
- Art. 17 FC
- Art. 20 FC
- Art. 22 FC
- Art. 29a FC
- Art. 30 FC
- Art. 32 FC
- Art. 42 FC
- Art. 43 FC
- Art. 43a FC
- Art. 55 FC
- Art. 56 FC
- Art. 60 FC
- Art. 68 FC
- Art. 75b FC
- Art. 77 FC
- Art. 96 para. 2 lit. a FC
- Art. 110 FC
- Art. 117a FC
- Art. 118 FC
- Art. 123b FC
- Art. 136 FC
- Art. 166 FC
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- Art. 11 CO
- Art. 12 CO
- Art. 50 CO
- Art. 51 CO
- Art. 84 CO
- Art. 143 CO
- Art. 144 CO
- Art. 145 CO
- Art. 146 CO
- Art. 147 CO
- Art. 148 CO
- Art. 149 CO
- Art. 150 CO
- Art. 701 CO
- Art. 715 CO
- Art. 715a CO
- Art. 734f CO
- Art. 785 CO
- Art. 786 CO
- Art. 787 CO
- Art. 788 CO
- Transitional provisions to the revision of the Stock Corporation Act of June 19, 2020
- Art. 808c CO
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- Art. 2 PRA
- Art. 3 PRA
- Art. 4 PRA
- Art. 6 PRA
- Art. 10 PRA
- Art. 10a PRA
- Art. 11 PRA
- Art. 12 PRA
- Art. 13 PRA
- Art. 14 PRA
- Art. 15 PRA
- Art. 16 PRA
- Art. 17 PRA
- Art. 19 PRA
- Art. 20 PRA
- Art. 21 PRA
- Art. 22 PRA
- Art. 23 PRA
- Art. 24 PRA
- Art. 25 PRA
- Art. 26 PRA
- Art. 27 PRA
- Art. 29 PRA
- Art. 30 PRA
- Art. 31 PRA
- Art. 32 PRA
- Art. 32a PRA
- Art. 33 PRA
- Art. 34 PRA
- Art. 35 PRA
- Art. 36 PRA
- Art. 37 PRA
- Art. 38 PRA
- Art. 39 PRA
- Art. 40 PRA
- Art. 41 PRA
- Art. 42 PRA
- Art. 43 PRA
- Art. 44 PRA
- Art. 45 PRA
- Art. 46 PRA
- Art. 47 PRA
- Art. 48 PRA
- Art. 49 PRA
- Art. 50 PRA
- Art. 51 PRA
- Art. 52 PRA
- Art. 53 PRA
- Art. 54 PRA
- Art. 55 PRA
- Art. 56 PRA
- Art. 57 PRA
- Art. 58 PRA
- Art. 59a PRA
- Art. 59b PRA
- Art. 59c PRA
- Art. 62 PRA
- Art. 63 PRA
- Art. 67 PRA
- Art. 67a PRA
- Art. 67b PRA
- Art. 75 PRA
- Art. 75a PRA
- Art. 76 PRA
- Art. 76a PRA
- Art. 90 PRA
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- Vorb. zu Art. 1 FADP
- Art. 1 FADP
- Art. 2 FADP
- Art. 3 FADP
- Art. 5 lit. f und g FADP
- Art. 6 Abs. 6 and 7 FADP
- Art. 7 FADP
- Art. 10 FADP
- Art. 11 FADP
- Art. 12 FADP
- Art. 14 FADP
- Art. 15 FADP
- Art. 19 FADP
- Art. 20 FADP
- Art. 22 FADP
- Art. 23 FADP
- Art. 25 FADP
- Art. 26 FADP
- Art. 27 FADP
- Art. 31 para. 2 lit. e FADP
- Art. 33 FADP
- Art. 34 FADP
- Art. 35 FADP
- Art. 38 FADP
- Art. 39 FADP
- Art. 40 FADP
- Art. 41 FADP
- Art. 42 FADP
- Art. 43 FADP
- Art. 44 FADP
- Art. 44a FADP
- Art. 45 FADP
- Art. 46 FADP
- Art. 47 FADP
- Art. 47a FADP
- Art. 48 FADP
- Art. 49 FADP
- Art. 50 FADP
- Art. 51 FADP
- Art. 54 FADP
- Art. 57 FADP
- Art. 58 FADP
- Art. 60 FADP
- Art. 61 FADP
- Art. 62 FADP
- Art. 63 FADP
- Art. 64 FADP
- Art. 65 FADP
- Art. 66 FADP
- Art. 67 FADP
- Art. 69 FADP
- Art. 72 FADP
- Art. 72a FADP
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- Art. 2 CCC (Convention on Cybercrime)
- Art. 3 CCC (Convention on Cybercrime)
- Art. 4 CCC (Convention on Cybercrime)
- Art. 5 CCC (Convention on Cybercrime)
- Art. 6 CCC (Convention on Cybercrime)
- Art. 7 CCC (Convention on Cybercrime)
- Art. 8 CCC (Convention on Cybercrime)
- Art. 9 CCC (Convention on Cybercrime)
- Art. 11 CCC (Convention on Cybercrime)
- Art. 12 CCC (Convention on Cybercrime)
- Art. 25 CCC (Convention on Cybercrime)
- Art. 29 CCC (Convention on Cybercrime)
- Art. 32 CCC (Convention on Cybercrime)
- Art. 33 CCC (Convention on Cybercrime)
- Art. 34 CCC (Convention on Cybercrime)
FEDERAL CONSTITUTION
CODE OF OBLIGATIONS
FEDERAL LAW ON PRIVATE INTERNATIONAL LAW
LUGANO CONVENTION
CODE OF CRIMINAL PROCEDURE
CIVIL PROCEDURE CODE
FEDERAL ACT ON POLITICAL RIGHTS
CIVIL CODE
FEDERAL ACT ON CARTELS AND OTHER RESTRAINTS OF COMPETITION
FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS
DEBT ENFORCEMENT AND BANKRUPTCY ACT
FEDERAL ACT ON DATA PROTECTION
SWISS CRIMINAL CODE
CYBERCRIME CONVENTION
- I. History of origins
- II. Significance of the provision
- III. Election proposals
- Bibliography
- Materials
I. History of origins
1 The provision on the maximum number of candidates on an election proposal was incorporated into the PRA in 1976 from the Federal Act of 14 February 1919 on the Election of the National Council. In contrast, before the enactment of the PRA, the requirements for information on persons standing for election differed greatly in the various cantons. The PRA created uniform federal minimum requirements, which were successively extended over the years. According to the 1976 law, the following had to be stated: "surnames and first names, year of birth, occupation, home address and home town of the person nominated". With the 2002 revision, gender was added as a further obligatory information, and since then the exact date of birth has been required instead of the year of birth. Since the 2014 revision, the following must now be stated (additionally or more precisely): the official names and first names as well as the name by which a person is known politically or in everyday life. The postcode is now required for the residential address and the cantonal affiliation for the place of origin.
2 With the constant increase in the number of candidates and lists in the National Council elections, the checking of candidatures (especially for multiple candidatures) became more and more time-consuming. All the respective extensions of the minimum information on the election proposal are aimed at facilitating the corresponding official checks.
3 Whereas until 1994 persons could be nominated without their cooperation and, if necessary, had to reject their nomination in writing, since then it has been the case that every person nominated must consent to their candidacy in writing.
II. Significance of the provision
A. General
4 The provision lays down substantive requirements for election proposals. It regulates the maximum number of nominees, allows for the pre-cumulation of nominees, and contains the minimum information for nominees. It requires the nominees to give their written consent to their candidature.
B. Comparison of laws
5 For their parliamentary elections, the cantons have largely comparable to identical regulations concerning the number and designation of the proposed persons and usually also require the proposed persons to give their written consent to their candidacy. However, less detailed information on the candidates is regularly required than in the National Council election law. Eligible for election to the cantonal parliaments are the voters of the canton. In the ten cantons that grant the Swiss abroad the right to vote, they are also eligible for election to the cantonal parliament.
III. Election proposals
A. Number (par. 1)
6 An election proposal may only contain the names of "eligible persons", i.e. persons who have the right to stand for election. All persons entitled to vote may be elected to the National Council (Art. 143 FC). All Swiss citizens who have reached the age of 18 and who are not incapacitated by reason of mental illness or infirmity are entitled to vote (art. 136 para. 1 FC). The latter are "persons who are under a comprehensive guardianship due to permanent incapacity or who are represented by a person authorised to make provisions" (art. 2 para. 1 PRA). Swiss abroad who are entitled to vote may stand for election to the National Council (Art. 15 ff. ASG in conjunction with Art. 143 FC). Eligibility to stand for election must be established by election day at the latest. Accordingly, minors may also stand for election if they reach the age of majority by the election date at the latest.
7 Anyone wishing to stand as a candidate may do so in any canton, not only in the canton of residence. Members of the National Council are "representatives of the people" (Art. 149 para. 1 FC) and represent the whole Swiss people, not individual cantons. The cantons merely form constituencies within the framework of an overall election. However, it is forbidden to stand as a candidate in more than one canton (see the explanations in OK PRA on Art. 27 PRA).
8 In election nomination procedures, those entitled to vote have a claim arising from the guarantee of political rights (Art. 34 FC) that only eligible persons are nominated. As a rule, the electoral authorities check the eligibility of those nominated. In some cantons, the parties and groups must prove the eligibility of the candidates when submitting the election proposal by enclosing a certificate of eligibility issued by the municipality or a certificate of voting rights (e.g. SO, AG). Previous members of the National Council and cantonal parliaments (and in some cases other authorities) are exempt from this proof,
9 An election proposal may only contain as many names of eligible persons as there are seats to be allocated in the respective canton (constituency).
10 A name may not be listed more than twice on the election proposal. The pre-cumulation of individual or all candidates is therefore permitted, which gives the parties the opportunity to give individual nominees greater chances of election. (In the National Council elections, voters can give one or two votes to a person when filling in the ballot paper, cf. Art. 35 para. 2 PRA).
11 If an election proposal contains more names than permitted, the last ones shall be deleted.
B. Designation (par. 2)
12 The election proposals must contain at least the following information. The provision on the minimum information is a validity requirement, not a rule of order.
1. Official name and first name (a)
13 The official names and first names are the names listed in the civil status register of the municipality. There is no freedom of choice in the spelling. The spelling in the register is decisive.
2. Name by which the person is known politically or in everyday life (b)
14 This is the name by which a person is known to the public or in the immediate environment. Frequent deviations from the official name include first names shortened in dialect (e.g. Ruedi, Toni, Käthi), the use of alliance names or the omission of the second name in the case of married persons.
15 According to the practice of the Federal Chancellery, pen names do not count as a name by which the person is known politically or in everyday life. However, these can be added in brackets to the name by which the person is known politically or in everyday life in the election proposal.
16 The official name must be given for the purpose of checking the candidates. On the ballot papers, on the other hand, the name by which the person is known politically or in everyday life is listed. Here, too, a pen name may be added in brackets. It is not permissible to stand for election solely under a pseudonym.
3. Sex (c)
17 In the election proposal, the sex is to be stated as it is entered in the civil status register of the municipality.
18 This information was introduced with the revision of 2002, also to facilitate the examination of election proposals (identification of candidates, checking for multiple candidacies). It is not always clear from the first names whose gender a person is (e.g. Dominique, Andrea).
19 Swiss law is based on the binary gender model (male/female) and does not recognise any other gender categories. In the amendment to the Civil Code of 18 December 2020, which facilitated the change of gender in the civil status register, Parliament adhered to the binary gender model and did not introduce a third gender category. However, the political discussion on this matter has not been concluded. The Federal Council was instructed by parliamentary motions to prepare a report. On 21 December 2022, it came to the conclusion that the social preconditions for the introduction of a third gender or for a general waiver of the gender entry in the civil status register were not currently given.
4. Date of birth (d)
20 Since 2002, the exact date of birth must be stated in the election proposal; previously, the year of birth was sufficient. This information is required to facilitate the identification of candidates and to clarify the eligibility of persons who come of age in the election year.
5. Residential address including postcode (e)
21 Candidates must state their home address, including the postcode, in their election proposal. Swiss voters abroad who wish to stand as candidates must state their address abroad and add their electoral commune in Switzerland (political domicile).
6. Places of origin including cantonal affiliation (f)
22 Candidates must indicate their place of origin in their election proposal, including cantonal affiliation since the 2014 revision.
7. Profession (g)
23 The election proposal must contain information on the profession of the candidate. This is subsequently published in the official publication of the election proposals and regularly on the ballot papers - and thus also serves in particular to inform the electorate. In practice, the occupation information is very inconsistent. In addition to professions in the strict sense (very few job titles are protected), professional functions are indicated (in some cases also with the addition of company names) or acquired titles. In many cantons, the indication of (current and former) political offices is implicitly or explicitly permissible in the indication of occupation. In individual cases, however, secondary occupations (e.g. association offices) are also indicated under the title of occupation, or self-descriptions are made which can no longer be understood even in the broadest sense as an occupational title. The practice is very - or all too - generous.
24 In the 2014 revision of the PRA, the Federal Council had planned to remove the compulsory indication of occupation in proportional cantons. Based on the results of the consultation, it decided not to make the change. A motion by the State Policy Committee of the Council of States to delete the occupation specification failed in the plenary session of the Council. The majority considered the occupation information, however debatable it may be in individual cases, to be useful information for the electorate.
C. Written declaration (para. 3)
25 Each nominated person must accept his or her nomination with a written declaration. This is usually done by signing the nomination form or the candidate sheet.
26 According to Article 8b paragraph 2 of the PRA, the signing of an election proposal as a signatory pursuant to Article 24 paragraph 1 of the PRA also constitutes consent to one's candidature.
27 If the written consent to the candidature ("confirmation") is missing, the name of the person concerned is deleted. A missing signature may be made up in a legally effective manner by way of rectification under the purification procedure pursuant to Article 29 PRA.
28 The mandatory declaration of acceptance of candidacy was introduced with the 1994 revision. Until then, the rule had been that a person could be listed on an election proposal without his or her involvement. The person nominated could subsequently reject his or her nomination with a written declaration by the Friday of the week in which the election proposals had to be submitted by Monday (Article 28 old PRA, "Rejection of the nomination"). The cantons were required to "immediately inform those nominated of the election proposal concerning them" (Art. 21 para. 3 old PRA). In practice, the regulation proved unsatisfactory, particularly because of the short withdrawal and adjustment periods.
Bibliography
Aubert Jean-François/Mahon Pascal, Petit commentaire de la Constitution fédérale de la Conféderation suisse du 18 avril 1999, Zürich et al. 2003.
Biaggini Giovanni, Bundesverfassung der Schweizerischen Eidgenossenschaft, Kommentar, 2. Aufl. Zürich 2017.
Bisaz Corsin, Wahlorgan, Wählbarkeit und Wahlkreise, in: Glaser Andreas (Hrsg.), Das Parlamentswahlrecht der Kantone, Zürich et al. 2018, S. 33–56.
Schaub Lukas, Kommentierung zu Art. 143 BV, in: Waldmann Bernhard/Belser Eva Maria, Epiney Astrid (Hrsg.), Basler Kommentar, Bundesverfassung, Basel 2015 (zit. BSK-Schaub).
Tschannen Pierre, Staatsrecht der Schweizerischen Eidgenossenschaft, 5. Aufl., Bern 2021.
Tschannen Pierre, Kommentierung zu Art. 34 BV, in: Waldmann Bernhard/Belser Eva Maria, Epiney Astrid (Hrsg.), Basler Kommentar, Bundesverfassung, Basel 2015 (zit. BSK-Tschannen).
Materials
Bericht des Bundesrates vom 13.11.2019 an den Nationalrat über die Nationalratswahlen für die 51. Legislaturperiode (BBl 2019 7461) (zit. Bericht BR NRW 2019).
Beschluss 2023/167 des Regierungsrats des Kantons Solothurn vom 31.1.2023 über die Nationalratswahlen vom 22.10.2023, Einberufung der Wahlberechtigten und Verfahren.
Botschaft des Bundesrates an die Bundesversammlung zu einem Bundesgesetz über die politischen Rechte vom 9.4.1975 (BBl 1975 I 1317).
Botschaft des Bundesrates über eine Teiländerung der Bundesgesetzgebung über die politischen Rechte vom 1.9.1993 (BBl 1993 III 445).
Botschaft des Bundesrates über eine Änderung des Bundesgesetzes über die politischen Rechte vom 30.11.2001 (BBl 2001 6401).
Botschaft des Bundesrates zur Änderung des Bundesgesetzes über die politischen Rechte vom 29.11.2013 (BBl 2013 9217).
Information der Staatskanzlei des Kantons Aargau vom 23.3.2023 zu den Nationalratswahlen 2023, Anleitung zum Wahlvorschlag.
Kreisschreiben des Bundesrates an die Kantonsregierungen vom 19.10.2022 über die Gesamterneuerungswahl des Nationalrates vom 22.10.2023, (BBl 2022 2547) (zit. Kreisschreiben BR NRW 2023).
Leitfaden der Bundeskanzlei für kandidierende Gruppierungen für die Nationalratswahlen vom 20.10.2023 (zit. Leitfaden BK NRW 2023).