-
- 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. Commentary on the text of the norm
- Materials
- Bibliography
I. History of origins
1 When the current (mixed) National Council electoral system was introduced in 1919, the Federal Act on the Election of the National Council provided for the delivery of election material to voters on the Friday before the election Sunday. However, this provision only applied to the proportional cantons, i.e. those cantons with more than one National Council seat. The time of delivery of the ballot papers in the majority cantons, i.e. the cantons with only one National Council seat, was not regulated by federal law. It was not until the enactment of Art. 33 para. 2 PRA (for proportional representation cantons) and Art. 48 PRA (for major cantons) in 1976 that it was stipulated uniformly for all cantons that those entitled to vote should be in possession of the ballot papers ten days before election day. This period was considered necessary so that voters could study the election proposals and fill in the ballot paper in peace.
2 With Art. 33 and Art. 48 PRA, the responsibility for printing and distributing the election material was also regulated uniformly for all cantons for the first time and transferred to the public sector. Previously, this was governed by cantonal law. In certain cantons, it was not state agencies but the parties that were declared responsible for the production and distribution of the (non-official) ballot papers. With the enactment of the PRA, the cantons were then obliged to print and distribute the election documents in order to improve the equality of opportunity for candidates. This was accompanied by the introduction of the principle of compulsory use of official ballot papers, i.e. ballot papers produced and handed out by the authorities, in federal elections and votes.
3 With the partial revision of the PRA of 26 September 2014, the time of delivery of the electoral material in federal elections was brought into line with that in federal referendums and thus brought forward to the fourth to last week before election day.
II. Significance of the provision
A. Jurisdiction and time of service
4 Art. 48 PRA primarily determines the time or time frame for the delivery of ballot papers to voters in National Council elections in majoritarian cantons. The ballot papers must reach voters resident in Switzerland at least three weeks and at the earliest four weeks or in the fourth to last week before election day.
5 Article 48 of the PRA also enshrines in law the responsibility of the cantons (and communes) for the delivery of electoral material to voters.
B. Ballot box elections
6 In Switzerland, elections of members of public authorities can in principle be held at a meeting of the electorate or by ballot - in person or by post.
7 At cantonal level, Glarus and Appenzell Innerrhoden, two of the current six major cantons, still have assembly democracy in the form of the Landsgemeinde. In the canton of Appenzell Innerrhoden, the member of the Council of States must be elected at the Landsgemeinde. However, as Art. 48 of the PRA obliges the cantons with a majority vote to send a ballot paper to those entitled to vote, the federal legislature implicitly requires them to elect a member of the National Council by ballot. The election of a National Council member at an assembly is excluded.
C. Voting in person or by post
8 The partial revision of the PRA in 1993 put postal voting on an equal footing with voting at the ballot box. The cantons are obliged to ensure a simple procedure for postal voting. In this sense, voters receive all the documents necessary for exercising the right to vote at home by post. Voting documents are sent automatically to all persons entitled to vote. Even if a person entitled to vote wishes to cast the vote at the ballot box, he or she receives the voting documents sent to his or her home in advance.
9 The automatic delivery of voting documents also applies in principle to Swiss citizens living abroad who are entitled to vote in the National Council elections. However, Swiss citizens living abroad must register once with the commune responsible for them in order to exercise their political rights. Entry in the electoral register is not automatic.
D. Legal comparison
10 Cantonal law generally specifies which other documents (in particular the voting card, voting envelope, explanatory notes, return envelope) must be sent to voters in addition to the ballot papers.
11 Moreover, the cantonal legal systems also stipulate by law the time of delivery in the fourth to last week before election day, although these provisions do not have any independent significance compared to Art. 48 PRA. At this point, reference is made only to the regulation in the canton of Appenzell Ausserrhoden, according to which the municipalities ensure that the election material and the election instructions are in the possession of the voters at the latest ten days before the election Sunday. This provision still dates back to the enactment of the Appenzell law in 1988 and has not yet been adapted to the legal situation in force since the partial revision of the PRA of 26 September 2014. Of course, based on Art. 48 of the PRA, the election material must also be delivered in the canton of Appenzell Ausserrhoden in the fourth-to-last week before the election day.
III. Commentary on the text of the norm
A. Responsibility of the cantons (and communes)
12 Even though the National Council elections are federal elections and the federal legislature has regulated the election procedure in Art. 16-57 PRA, the cantons and communes are essentially responsible for conducting the National Council elections. This is also made clear by the circular letter to the cantonal governments issued by the Federal Council before each general election, which contains numerous instructions on the many tasks to be performed by the cantons in the National Council elections. Since the enactment of the PRA, these tasks also include the production, printing and delivery of ballot papers to voters. The costs for the preparation and delivery of the election documents are also borne by the cantons.
13 The intra-cantonal division of responsibilities for the preparation, printing and mailing of the electoral material between the canton and the communes results from cantonal law. The current major cantons Glarus, Nidwalden, Obwalden, Uri and Appenzell Ausserrhoden declare the communes to be responsible for delivery. In the canton of Appenzell Innerrhoden, which has no communes, the distribution of election documents is the responsibility of the districts as the lowest administrative units.
14 If the cantons, communes or districts delegate or outsource tasks such as the printing, packaging or dispatch of election documents, they must ensure through appropriate supervision that the elections are conducted correctly and that the Federal Council's instructions concerning the conduct of the elections are complied with.
B. Time of delivery
15 Pursuant to Art. 48 PRA, the ballot papers must be delivered to voters no earlier than four weeks and no later than three weeks, i.e. in the fourth-to-last week before election day. For the delivery of election material in the proportional representation cantons, art. 33 para. 2 PRA provides for the same time. It is not clear from the law, either for the proportional representation cantons or for the majority cantons, whether the cantons send the election documents in the fourth-to-last week before election day or whether they must then reach the voters. However, if one takes into account that the time of delivery of the election material was adjusted to that of the voting documents for federal votes in the course of the partial revision of the PRA of 26 September 2014, it becomes clear that the documents must reach those entitled to vote in the fourth-to-last week before election day. This is due to the wording of Art. 11 para. 3 PRA, according to which, in the case of referendums, those entitled to vote receive the documents required under cantonal law to cast a valid vote at least three and at the earliest four weeks before the day of the vote, which must also apply to the election documents.
16 The delivery of the documents must be coordinated with the post office in such a way that the statutory delivery deadlines can be met. An untimely delivery of the election material is in principle an impairment of the free formation of will protected under Art. 34 para. 2 FC, especially since the freedom to form an opinion also implies that the legally stipulated delivery deadlines are observed and that sufficient time is thus available to deal with the profiles of the candidates. According to the Federal Supreme Court, if late delivery leads to de facto exclusion from the right to vote, it is no longer possible to speak of the correct composition of active citizenship. The late delivery of the electoral material is an irregularity in the preparation of the National Council election within the meaning of Art. 77 para. 1 lit. c PRA, which, according to the established case law of the Federal Supreme Court, must be complained about immediately. If the voter fails to immediately complain about the late delivery of the ballot paper, even though it would have been reasonable to expect him to do so, he forfeits in principle the right to contest the election. It should be pointed out that not only those directly affected by the late delivery, but all persons entitled to vote in the matter - if they are aware of it - are obliged to complain and are then entitled to appeal. In accordance with the constant case law of the Federal Supreme Court on the annulment of elections and votes, even in the case of demonstrably late delivery of the election material, a ballot that has already been held is only annulled if it is within the realm of possibility that voters were actually unable to vote due to the late delivery and the election result could therefore be distorted.
17 An exception to the delivery deadline provided for in Art. 48 PRA applies to Swiss citizens abroad who are entitled to vote. Ballot papers may be sent to voters resident abroad no earlier than one week before they are officially sent out. This also applies to cantons that use the electronic voting channel for the general renewal elections. If the voting material arrives too late at the polling commune despite being sent in good time, or if the returned ballot paper or ballot paper arrives too late at the polling commune, the voter resident abroad may not derive any legal claims from this. Swiss abroad who wish to cast their vote in person at the ballot box and collect the voting material directly from the electoral commune must inform the electoral commune of this in writing or by coming in person. The polling commune shall retain the voting material provided that it receives the notification at least six weeks before the poll.
C. Official ballot papers
18 Pursuant to Art. 48 of the PRA, a ballot paper must be sent to those entitled to vote. Since the enactment of the PRA, only official ballot papers may be used in National Council elections. Non-official (also off-the-books) ballot papers on which political groups - mostly parties - list their candidates are not permitted.
19 In those cantons with majorities in which cantonal law provides for the possibility of a silent election in the election to the National Council, the names of all candidates proposed within the deadline are pre-printed on the ballot paper. Conversely, in those major-majority cantons that do not provide for the possibility of a silent ballot, blank official ballot papers must be distributed. This requirement already results from the state's strict duty of neutrality in popular elections, which prohibits any influence on the free formation of will and the exercise of will. The distribution of ballot papers on which the name of the incumbent is pre-printed would also not be compatible with the prohibition of official intervention in elections resulting from the guarantee of political rights. Only the printing and mailing of party-neutral ballot papers is permissible in the sense of official assistance.
20 In contrast to the proportional representation cantons, no election instructions are distributed in the majority cantons - due to the simplicity of the majority voting procedure.
D. Election day
21 According to Art. 19 para. 1 PRA, elections for the ordinary general renewal of the National Council take place on the second last Sunday in October. By-elections and supplementary elections are scheduled by the cantonal government for the next possible date. The provision applies to all cantons, i.e. both the proportional representation and the majority cantons. The delivery of the electoral material in the fourth-to-last week before election day thus takes place at the end of September each year.
Materials
Botschaft des Bundesrates an die Bundesversammlung zu einem Bundesgesetz über die politischen Rechte vom 9.4.1975, BBl 1975 I S. 1317 ff. (zit. Botschaft BPR).
Botschaft über eine Teiländerung der Bundesgesetzgebung über die politischen Rechte vom 1.9.1993, BBl 1993 III S. 445 ff. (zit. Botschaft 1993).
Botschaft über die Einführung der allgemeinen Volksinitiative und über weitere Änderungen der Bundesgesetzgebung über die politischen Rechte vom 31.5.2006, BBl 2006 S. 5261 ff. (zit. Botschaft 2006).
Kreisschreiben des Bundesrates an die Kantonsregierungen vom 19.10.2022 über die Gesamterneuerungswahl des Nationalrates vom 22.10.2023, BBl 2022 S. 2547 ff. (zit. Kreisschreiben 2022).
Bibliography
Glaser Andreas/Zubler Clio, IV. Modi der Wahlrechtsausübung / Briefliche und elektronische Wahl – Problemfelder des Wahlverfahrens in der Schweiz, in: Glaser Andreas/Langer Lorenz (Hrsg.), Das Parlamentswahlrecht als rechtsstaatliche Grundlage der Demokratie, Zürich 2020.
Häfelin Ulrich/Haller Walter/Keller Helen/Thurnherr Daniela, Schweizerisches Bundesstaatsrecht, 10. Aufl., Zürich et al. 2020.
Hangartner Yvo/Kley Andreas/Braun Binder Nadja/Glaser Andreas, Die demokratischen Rechte in Bund und Kantonen der schweizerischen Eidgenossenschaft, 2. Aufl., Zürich et al. 2023 (zit. Hangartner et al.).
Horlacher Maj-Britt, Die politischen Rechte der Auslandschweizerinnen und Auslandschweizer, Zürich 2017.
Tschannen Pierre, Staatsrecht der Schweizerischen Eidgenossenschaft, 5. Aufl., Bern 2021.