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- 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. representative of the election proposal
- Materials
I. History of origins
1 When the PRA was enacted in 1976, the provision was taken over unchanged from the Federal Act on the Election of the National Council of 1919, with only minor editorial changes. Since then, Art. 25 PRA has not been amended.
II. Significance of the Provision
A. General
2 The provision regulates who the contact persons of the electoral authorities responsible for an election proposal are. It ensures that for each election proposal a representative and a deputy are designated who can act in a legally binding manner for this election proposal.
B. Comparison of laws
3 The cantons regularly require the designation of a representative and deputy for the election proposals in their parliamentary election law.
III. representative of the election proposal
A. Designation (para. 1)
4 A representative and a deputy must be designated for each election proposal. These are the responsible contact persons for the respective election proposal in dealings with the election authorities. In view of the short deadlines in the preparation of the election, it is important for the election authorities to have contact persons for the election proposals who can be reached quickly. It is unreasonable to expect them to contact the individual candidates, who are sometimes difficult to reach, directly in case of queries.
5 According to the wording in the law, it is the signatories of an election proposal who "designate" the representation of the election proposal. In practice, the submission of most election proposals is handled by secretariats of the parties or groups. These organize (if necessary) the signatures for the signature quorum according to Article 24 PRA and designate the persons who represent the election proposal in a legally binding manner.
6 Since the relaxation of the regulations on signature quorums, many election proposals no longer have any signatories at all within the meaning of Art. 24 para. 1 PRA. For the valid submission of these election proposals, only the signatures of the presiding and managing persons of the cantonal party are required (according to Art. 24 para. 4 PRA) in addition to the signatures of the candidates. This signature does not make the latter representatives of the election proposal; they only fulfill the requirement of Article 24 para. 4 PRA. A representative and a deputy must also be appointed for these election proposals. A representative and a deputy must also be determined for these election proposals.
7 The law does not describe in more detail who can be the representative of an election proposal. This can therefore be signatories as well as candidates, the executive or presiding persons of a party pursuant to Art. 24 para. 3 PRA, but also other persons (capable of acting under civil law) from the environment of a party or candidate group. The law does not limit the group of persons who may represent an election proposal. According to the circular letter of the Federal Council, the persons representing an election proposal must be entitled to vote in the electoral district - however, this does not result from the law and no compelling reason for this is apparent. For the electoral authorities it is important to have quickly available competent contact persons of an election proposal, in practice these are often employees of a party secretariat. It does not make sense to require the right to vote in the electoral district for the representations (which is not a prerequisite for candidacies either).
8 A person can only be the representative or the proxy for a single election proposal. This also applies to linked or sub-linked lists of the same grouping. This specification is not in the law, but it is stated in the circulars of the Federal Council for the National Council elections. In the case of groups with several partial lists, it may make the work easier for the authorities if one person acts as a representative for several election proposals. Nevertheless, the provision can be justified, as conflicts of interest are also conceivable between affiliated and sub-affiliated sub-lists, for example in the case of disputed issues surrounding list designations, which could give rise to confusion. And sub-lists also ultimately compete for mandates in the election.
9 If no representation and/or no substitution is designated in the submission of an election proposal, the first and second signatory persons of the election proposal are considered as such. The law does not regulate what happens if the election proposal is exempt from providing signatures in accordance with Art. 24 para. 3 PRA. According to the circular letter of the Federal Council on the National Council elections 2023, the first and second candidate would represent the candidate. The question is probably of a theoretical nature, since the case can only arise with parties registered in the party register and these should regularly designate a representation and a deputy.
10 The wording of Art. 25 PRA is outdated. According to the wording of the provision, it is "the signatories" who designate "a representative of the election proposal and his deputy". These persons are then deemed to represent the signatories and make binding declarations on their behalf (cf. para. 2). This attributes a role to the signatories - in the sense of sponsorship or authorship of an election proposal - which does not correspond to reality. In the case of many election proposals of established parties, there are now no signatories at all within the meaning of Art. 24 PRA due to the relaxation of the rules on signature quorums. It is the party secretariats that designate the election proposal representatives. In the case of small parties and outsider lists, it is the party secretariats or often the candidates themselves who collect the signatures for the quorum and designate the representatives. The signatories of an election proposal are not the authors of the election proposal, but often people who have signed more or less by chance on the signature list.
11 For the future, a rewording of the provision is urgent. More recent cantonal legislations on political rights have therefore eliminated the connection between signatories and election proposal representation in their election rules. They require the designation of a representation for each election proposal, but no longer define this as the representation of the signatories.
B. Making declarations (para. 2).
12 The persons exercising the representation or the proxy of the election proposal are entitled and obliged to make "the legally binding declarations required for the removal of defects" on behalf of the signatories. Their declarations within the framework of the rectification and adjustment procedure of Art. 29 PRA are binding and obligatory for the election proposal. One can think, for example, of adjustments to list designations or list abbreviations that could give rise to confusion, the replacement of candidacies that must be deleted ex officio, questions regarding professional designations, etc. The wording of this second paragraph ("on behalf of the signatories") is also outdated (cf. n. 11 above).
13 The decisive role played by persons acting as list representatives is illustrated by a decision of the Federal Supreme Court on the 2005 elections to the cantonal council of Solothurn. A person who appeared in public as a woman and had initiated a gender reassignment was listed on the election proposal with a female first name, although she was (still) registered as a man in the civil status register under a different name. The authorities then issued a short deadline to the representative of the election proposal with the request to correct the information on the election proposal - under the threat that the candidacy might be deleted from the election proposal. After the representation did not respond to the request, the candidacy was deleted. Rightly so, as the Federal Supreme Court ruled in response to an appeal by the person who had been removed from the election proposal: According to the Solothurn regulation (which corresponds to the regulation in the PRA), the signatories acted through two persons designated by them - the representation and the deputy. Therefore, the authorities had correctly addressed the request to correct the election proposal to the representation. The individual candidates had "no influence on the possible correction of the election proposals". By neither complying with the request to correct the list nor appealing the order, the representation had submitted to the deletion of the candidate in question from its election proposal in a legally binding manner and had dropped the candidacy, the Federal Supreme Court ruled (and therefore no longer examined the substance of whether the admission of the candidacy only under the male first name had been lawful).
Materials
Botschaft des Bundesrates an die Bundesversammlung zu einem Bundesgesetz über die politischen Rechte vom 9.4.1975 (BBl 1975 I 1317).
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 22.10.2023 (zit. Leitfaden BK NRW 2023).