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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
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- Art. 40 PRA
- Art. 41 PRA
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- 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
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- Art. 35 FADP
- Art. 38 FADP
- Art. 39 FADP
- Art. 40 FADP
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- Art. 44 FADP
- Art. 44a FADP
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- 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
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- Art. 60 FADP
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- Art. 63 FADP
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- 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. Multiple nominees
- Bibliography
- Materials
I. History of origins
1 The Federal Act on the Election of the National Council of 14 February 1919 already stipulated that no one may stand for election in more than one canton. The ban on running for the National Council in more than one canton, on the other hand, was not introduced until 1939. Until then, running for election in several constituencies was permitted. The ban was triggered by discussions following the election of Gottlieb Duttweiler (LdU) in 1935 in three cantons. Duttweiler accepted the election in the canton of Bern, and gave up the mandate in the cantons of Zurich and St. Gallen. The ban on multiple candidacies was now intended to prevent political bandwagons from being passed around as vote catchers. The 1976 PRA adopted this rule.
2 According to the rules in force since 1919 or 1939, multiple candidates were first requested by the canton or the Confederation to declare within a statutory period on which election proposal their name should appear. If no such declaration was received, the decision was made by lot. The Federal Act on Political Rights of 1976 changed the rule. If the nominated person did not make the desired declaration within the time limit, his or her name was deleted from all election proposals. With the 1994 revision, on the one hand, a (then two-month) window of opportunity was opened for the cantons to determine the deadline for registration, and on the other hand, the declaration of candidacy was introduced. Since then, multiple candidacies within a canton must be deleted from all election proposals by the canton without further inquiry. In the case of multiple candidacies in several cantons, the Federal Chancellery deletes from all other nominations those candidates whose name already appears on a list or nomination of another canton.
II. Significance of the provision
A. General
3 No person may stand as a candidate in more than one canton and within one canton on more than one election proposal. The provision prohibits, on the one hand, the candidature of a person in several cantons (constituencies) and the candidature of a person on several election proposals within one constituency. It specifies the procedure to be followed in the event that multiple candidacies are identified.
4 According to the Federal Chancellery, no multiple candidacies in several cantons were identified in the 2011, 2015, 2019 and 2023 National Council elections. Multiple candidacies within cantons are also rare in practice.
B. Legal comparison
5 The cantons have largely comparable regulations for their parliamentary elections. They prohibit candidacy in several constituencies (if their parliament is elected in several constituencies) and they prohibit the candidacy of one person on several election proposals within one constituency. An exception is the canton of Glarus, where a person may stand in several constituencies in the elections to the Landrat.
III. Multiple nominees
A. Deletion by the canton (para. 1)
6 The provision prohibits multiple candidacies within a canton. A person who is a candidate may only do so on one nomination of the constituency. If a name appears on more than one proposal of the electoral district, the cantonal electoral authority shall delete it on all proposals.
7 For nominations that have been officially deleted, the representations of an election proposal may report substitute nominations within the purification period as part of the defect rectification procedure (Art. 29 PRA). According to this, it is permissible to re-nominate a person who has been removed from all election proposals due to multiple candidacies as a substitute proposal.
8 If, in an individual case, a multiple candidature is nevertheless discovered too late (i.e. only after the expiry of the purification period or only after the printing of the lists), it can, since 2014, still be officially declared invalid retrospectively. Invalidation is effected by publication in the cantonal official gazette and in the Federal Gazette; the names concerned are deleted from all ballot papers during the count (art. 29 para. 4, 32a and 38 para. 2 PRA, cf. the explanations in OK-Wyler, art. 32a PRA).
B. Deletion by the Federal Chancellery (para. 2)
9 The provision of Art. 2 prohibits multiple candidacies in several cantons. However, it is permissible to run for election in a canton other than the canton of residence (cf. OK-Wyler, Art. 22 PRA).
10 The regulation requires a central control of all candidacies from proportional representation cantons by the Federal Chancellery. The Federal Chancellery immediately removes from an election proposal those persons whose names are already on a list or an election proposal from another canton. In doing so, it leaves a person who has been nominated more than once on the election proposal that it receives first (Art. 8d para. 2 VPR).
11 The regulation is explained by the different (staggered) registration deadlines in the cantons (cf. OC-Wyler, Art. 21). If, in one canton, the clearing of the election proposals has already been completed and, if necessary, even the lists have already been printed, then persons running for election more than once can no longer be removed from the list in that canton. The deletion is therefore limited to the election proposals of those cantons in which the lists have not yet been purged at the time the multiple candidature is discovered. This is a pragmatic solution. As the Federal Council noted in its dispatch, the deliberately unlawful conduct of the candidates in question would also justify deletion from all election proposals; after all, every person proposed must confirm their election proposal by signature.
12 In order for the Federal Chancellery to be able to delete multiple candidatures, it is dependent on the cantons forwarding the election proposals received to it without delay (cf. OK-Wyler, Art. 21 para. 3 PRA).
13 The same applies to multiple candidacies in several cantons: if one is discovered too late, it can still be subsequently declared invalid (cf. above, n. 7).
C. Notification (para. 3)
14 According to Art. 27 para. 3 PRA, the Federal Chancellery immediately notifies the cantons concerned of its deletions. This rule is clarified by Art. 8d para. 3 CPD to the effect that the Federal Chancellery notifies the canton of the deletions "within 72 hours of the receipt of its election proposal" by electronic means.
Bibliography
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.
Tschannen Pierre, Staatsrecht der Schweizerischen Eidgenossenschaft, 5. Aufl., Bern 2021.
Materials
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 zur Änderung des Bundesgesetzes über die politischen Rechte vom 29.11.2013 (BBl 2013 9217).
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 20239).