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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
1 The essence of the provision was already contained in the Federal Act of 14 February 1919 on the Election of the National Council and was incorporated into the PRA in 1976. When the PRA was enacted, the provision in para. 3 was added, according to which the failure to remedy deficiencies within the prescribed period would result in the invalidity of the entire nomination or the deletion of individual nominees. When the PRA revision of 1994 introduced a time window for the closing date for nominations in the cantons (cf. OK-Wyler, Art. 21 PRA), the previous one-week clean-up period was extended to two weeks. The cantons were given the option of shortening the deadline to one week. With the 2014 revision, the reservation concerning the subsequent invalidation of election proposals was inserted in para. 4.
II. Significance of the provision
A. General
2 The provision states that the cantonal electoral authority shall examine the election proposals and regulates the rectification of defects, the possible correction of list designations and the submission of substitute candidatures for officially deleted nominees within a defined rectification period.
B. Legal comparison
3 The cantons also have (differently structured) provisions in their parliamentary electoral law concerning the rectification of defects in election proposals and the submission of substitute candidatures for officially deleted nominees within a rectification period.
III. Correction of defects
A. Examination and setting of deadlines for rectifying defects (para. 1)
4 The cantonal electoral authority shall examine the nominations after their receipt. It checks whether the candidates fulfil the eligibility requirements, whether the nominations contain all the necessary information (in accordance with Art. 22 PRA) and whether the designations and abbreviations of the nominations comply with the requirements. It also checks (if necessary) whether the necessary signatures have been submitted in accordance with the signature quorum of Art. 24 Para. 1 and whether the signatories are entitled to vote in the electoral district. In some cantons, the parties and candidate groups must enclose a certificate of voting rights from the municipality for the persons signing; in other cantons, the voting rights of the signatories are checked by the electoral authority (cf. OK-Wyler, Art. 24 PRA N. 16).
5 If an election proposal contains deficiencies, the cantonal electoral authority sets the representative of the election proposal (in accordance with Art. 25 PRA) a deadline within which to
rectify any deficiencies in the nomination,
change names that give rise to confusion, and
and submit substitute nominations for candidates whose names have been officially deleted.
This deadline may be shorter than the deadline for corrections, so that the representation can still make improvements in the event of any necessary queries by the electoral authority. It is permissible to set a short period of grace (within the purification period). According to the regulation in the canton of Bern, a period of no more than three days is initially set for the rectification of defects. However, all deficiencies must have been remedied by the end of the rectification period at the latest. After expiry of the rectification period, no more changes to the election proposal are possible.
6 Corrections of misspelled names or other required candidate information, as well as the addition of missing information, are considered to be rectification of defects within the meaning of Art. 29 para. 1 PRA. A missing signature for the acceptance of the election proposal (Art. 22 para. 3 PRA) can also be subsequently submitted within the rectification period. If an election proposal fails to meet the quorum pursuant to art. 24 PRA because signatures are missing or have to be deleted, the missing signatures (together with any necessary certificates of voting rights) may be submitted subsequently (cf. also OK-Wyler, art. 24 PRA n. 16).
7 By law, the rectification of defects within the rectification period is limited to the correction of defects that the cantonal electoral authority reminds the representatives of the election proposals of by setting a deadline. If the representative of an election proposal submits proposals for correction on its own initiative (e.g. changes to professional titles or a different order on the election proposal), the electoral authority does not have to take this into account. However, it may accept such requests for amendments during the adjustment period, but must, of course, treat all parties and groups equally.
8 Pursuant to Art. 23 para. 1 PRA, each election proposal must bear a designation suitable to distinguish it from other election proposals. The cantonal electoral authority may therefore require an election proposal to change its designation (or abbreviation) if this could give rise to confusion. It will do so in particular in obvious cases, such as when two election proposals with identical names are received or when a grouping attempts to profit from an established foreign label. However, the fact that in today's diverse party landscape different groupings sometimes use the same designations (e.g. "green" or "bourgeois", "socialist") as components of their name is accepted, even if confusion may well arise here among a politically less interested section of the public.
9 According to the view taken here, the examination of the question whether a list designation within the meaning of Art. 29 para. 1 PRA gives rise to confusion is limited to the comparison with other list designations or party names. It is not the task of the electoral authorities to check whether a political self-designation of a party or list is correct in terms of content. - In the 2015 National Council elections, a voter in the canton of Fribourg demanded that the French name "Union démocratique du centre (UDC)" of the Swiss People's Party (SVP) be changed. He claimed that the SVP was not a party of the centre but a populist right-wing party, which is why the name could mislead voters. The Fribourg State Council rejected the request: A change of a list designation could only be demanded on the basis of Art. 29 para. 1 PRA if there was a risk of confusion with designations of other lists - which was not the case. The Federal Supreme Court ruled that it was not necessary to decide whether this view was correct, as the complainant's complaint was in any case unfounded. The party had borne the name UDC since 1971 and was registered under this name in the party register. It was the most strongly represented party in the Federal Assembly and its political orientation was generally known. Thus, there is no danger of confusion for normally informed voters.
10 Furthermore, substitute nominations may be submitted within the purification period for candidates whose names have been officially deleted (e.g. because they are ineligible or are running for election more than once). The nomination of new candidates in the purge phase is explicitly limited to the replacement of officially deleted names. The parties and groupings may not add new candidates to the election proposal on their own initiative after expiry of the submission deadline pursuant to Art. 21 PRA (closing date for registration).
B. Proposals for substitutes (para. 2)
11 The proposed substitutes must confirm in writing that they accept the election proposal (this is analogous to the declaration of acceptance of candidacy pursuant to Art. 22 para. 3 PRA). If this written confirmation is missing, the name in question is already on another election proposal or the proposed person is not eligible, the electoral authority does not admit the substitute proposal ("the substitute proposal is deleted"). Unless the representation of the election proposal requests otherwise, the substitute candidates shall be listed at the end of the election proposal.
12 A person may also be re-nominated as a substitute proposal (but only on an election proposal) who has been deleted from all election proposals in the constituency pursuant to Art. 27 para. 1 PRA due to multiple candidature.
C. Invalidity (para. 3)
13 If a defect is not remedied in due time by the representation of the election proposal, the election proposal is invalid. If the defect concerns only one person or several persons nominated, only their names shall be deleted.
D. Purification period (para. 4)
14 The purification procedure (defect rectification procedure) is intended to enable - after the binding election registration deadline - corrections to the submitted election proposals and, within the described limits, substitute candidatures. After the expiry of the statutory clean-up period, no election proposal may be amended. While a shorter period of time set by the authorities for the correction of deficiencies may still be extended or a short period of grace may be granted, any possibility of amendments to the election proposal shall be excluded upon expiry of the period of time for correction. The only exception is the official declaration of invalidity of subsequently recognised multiple candidatures in accordance with Art. 32a PRA.
15 In accordance with the present provision, the deadline for the amendment of nominations expires on the second Monday after the closing date for the submission of nominations, for which Art. 21 para. 1 PRA stipulates that the cantons must submit nominations on "a Monday in August". The law allows the cantons to shorten the deadline to one week, which is used by a majority of cantons. For the 2023 National Council elections, six of the 20 proportional representation cantons retained the 14-day deadline (ZH, BS, BL, SH, TI and NE), while the other 14 cantons provided for the seven-day deadline.
16 The canton must send a copy of each list to the Federal Chancellery within 24 hours of the expiry of the purification period at the latest. In doing so, it designates the list as purged (Art. 8d para. 4 VPR).
Materials
Beschluss 314/2023 des Regierungsrates des Kantons Bern vom 22.3.2023 über die Durchführung der Nationalratswahlen vom 22.10.2023.
Beschluss 426/2023 des Regierungsrates des Kantons Zürich vom 5.4.2023 über die Erneuerungswahl der zürcherischen Mitglieder des schweizerischen Nationalrates für die Amtsdauer 2023–2027.
Botschaft des Bundesrates an die Bundesversammlung zu einem Bundesgesetz über die politischen Rechte vom 29.4.1975 (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 2023).