I. Background

1 The provision in Article 60a of the Federal Act on Political Rights (PRA) has its origin in Postulate 99.3321 Gross. It called on the Federal Council to examine the establishment of a “special federal homepage for launched popular initiatives and referendums during the signature collection phase”, where all signature forms could be downloaded. The Federal Council was open to the request, but advocated the creation of a legal basis.

2 With the message of November 30, 2001, regarding an amendment to the Federal Act on Political Rights, the Federal Council implemented the mandate and proposed the provisions in Art. 60a and 69a PRA to the Federal Assembly. The legal amendments were welcomed in the consultation process and were not discussed in either the National Council or the Council of States. On January 1, 2003, the provisions came into force.

II. Significance of the regulation

A. General

3 The introduction of the provisions in Art. 60a and 69a PRA was intended as a first step towards a comprehensive offering for the electronic exercise of political rights. The legal amendment was made in the context of the “Vote électronique” (e-voting) project, which continues to pursue the goal of enabling political rights to be exercised by electronic means.

4 The intention of the legislature was that Art. 60a and Art. 69a PRA should make collecting signatures easier and thus mitigate the consequences of the nationwide introduction of unconditional postal voting: In the 1990s, postal voting had rapidly become the dominant form of voting in Switzerland, and the previously lucrative practice of collecting signatures in front of polling stations lost some of its importance.

5 The benefit of the authorities offering signature lists in electronic form has remained modest in practice. The signature lists on the Federal Chancellery website are rarely downloaded and are not significant for the success of initiatives and referendums. By contrast, the importance of electronically provided signature lists on the websites of initiative and referendum committees and other civil society actors has increased.

B. Comparative law

6 The cantons of Obwalden and Valais have similar regulations to those of the Confederation.

7 In addition, the Canton of Geneva provides that for cantonal initiatives and referendums, the committees may forward signature lists to the competent offices in the canton and communes so that they can be made available to persons eligible to vote locally.

III. Commentary on the text of the regulation

A. Service provided by the Federal Chancellery

8 The provision of signature lists in electronic form is not explicitly prescribed by the provision in Art. 60a PRA, but is rather a prerequisite. However, the materials make it clear that the provision was created with a new service from the Federal Chancellery in mind.

9 The Federal Chancellery makes the signature lists available on its website for the duration of the signature collection period. In order for the signature lists to be made available for download, the Federal Chancellery must be informed in advance that signatures are being collected for a referendum. The Federal Chancellery then creates a neutrally-worded signature list that meets all the formal requirements and contains no promotional material.

10 In addition, the signature lists offered contain the respective authorship and their addresses. The offer is therefore limited to lists of those persons and organizations who have registered with the Federal Chancellery and informed it that they intend to collect signatures. As an official service, the Federal Chancellery checks whether the respective signature list meets the legal formal requirements.

B. Regulation of responsibilities

11 Art. 60a PRA governs the responsibilities for fulfilling the legal requirements if signature lists are obtained on the internet.

12 The same requirements apply to signature lists made available electronically as apply to lists that are circulated in physical form from the outset. They must contain all the information required under Art. 60 para. 1 let. a–c PRA. If a single signature list is to be used for several referendums, it must be possible to separate the lists when they are submitted (Art. 60 para. 2 PRA). If the formal requirements are not met, the statement of support is invalid in accordance with Art. 66 para. 2 let. a PRA. According to Art. 60a PRA, the risk lies with the person who downloads a signature list, i.e. usually the signatories themselves.

13 The provision is deliberately formulated in abstract terms and is intended to apply regardless of the platform from which a signature list is downloaded. However, the provision is primarily intended to relieve the authorities of the burden of guaranteeing the immutability of signature lists that are made available electronically. If, for example, defects occur when printing signature lists, in that certain elements are lost, this cannot be attributed to the authorities.

14 Despite the allocation of responsibilities in Art. 60a PRA, the authorities are obliged to secure their online offering according to best practices and to ensure that the available documents are authentic.

Thanks to Julien Fiechter and Valentina Beti for proofreading this article.

Bibliography

Braun Binder Nadja, Quoren und Fristen bei der elektronischen Unterschriftensammlung, ZSR 2014, S. 539–557, https://www.zora.uzh.ch/id/eprint/141602/1/Braun_Binder_ECollecting.pdf, besucht am 21.3.2025.

Bühlmann Marc/Schaub Hans-Peter, Staatspolitische Auswirkungen von E-Collecting, Studie im Auftrag der Bundeskanzlei, Bern 2023, https://www.newsd.admin.ch/newsd/message/attachments/90666.pdf, besucht am 21.3.2025.

Gfeller Katja/Glaser Andreas/Lehner Irina, E-Collecting: Umsetzungsvarianten und Rechtssetzungsbedarf, LeGes 32 (2021) 1, https://leges.weblaw.ch/legesissues/2021/1/e-collecting--umsetz_4ac1c3bc14. html, besucht am 21.3.2025.

Glaser Andreas, Der elektronisch handelnde Staat: E-Legislation, E-Government, E-Justice, ZSR 2015, S. 259–333, https://www.ius.uzh.ch/dam/jcr:ffffffff-930f-77c9-ffff-ffffbea822ca/ZSR_134_2015 Glaser_Der_elektronisch_handelnde_Staat.pdf, besucht am 21.3.2025.

Materials

Botschaft über eine Änderung des Bundesgesetzes über die politischen Rechte vom 30.11.2001, BBl 2001 6401 ff., https://www.fedlex.admin.ch/eli/fga/2001/1111/de, besucht am 21.3.2025 (zit. Botschaft 2001).

Elektronische Unterschriftensammlungen für eidgenössische Volksbegehren (E-Collecting). Bericht des Bundesrates in Erfüllung des Postulats 21.3607 Staatspolitische Kommission NR vom 27.6.2021, https://www.parlament.ch/centers/eparl/curia/2021/20213607/Bericht%20BR%20D.pdf, besucht am 21.3.2025 (zit. Postulatsbericht E-Collecting).

Parlamentarische Initiative 96.091. Beseitigung von Mängeln der Volksrechte. Bericht vom 2.4.2001 der Staatspolitischen Kommission des Ständerates, BBl 2001 4803, https://www.fedlex.admin.ch/eli/fga/2001/781/de, besucht am 21.3.2025 (zit. Bericht SPK-SR 2001).