Federal Act on Political Rights

By Steph5
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In The Matter OfFederal Act on Political Rights
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 10 Organisation

1 The Federal Council shall determine the rules by which polling days are appointed. In doing so, it shall take account of the requirements of those eligible to vote, parliament, the cantons, the parties and the agencies responsible for effecting service of voting documents, and shall avoid any collisions of dates that may result from differences between the calendar year and the church year. 1bis The Federal Council shall determine, four months prior to the polling day at the latest, which proposals are to be submitted to a popular vote. This period of four months may be reduced in the case of emergency federal acts. 2 Each canton is responsible for the conduct of the vote within its own territory and issues the required regulations.

Para. 1 — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401). Para. 1bis — Inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).

Art. 10a Information for persons eligible to vote

1 The Federal Council shall continually inform persons eligible to vote about federal proposals to be submitted to a popular vote. 2 In doing so, it shall comply with the principles of completeness, objectivity, transparency and proportionality. 3 It shall present the most important views represented in the parliamentary decision-making process. 4 It shall not make a recommendation on how to vote that diverges from the position of the Federal Assembly.

Art. 10a — Inserted by No I of the Federal Decree of 5 Oct. 2007, in force since 15 Jan. 2009 (AS 2009 1; BBl 2006 9259 9279).

Art. 11 Proposals submitted to a popular vote, ballot papers and explanatory statements

1 The Confederation shall provide the cantons with the proposals to be submitted to a popular vote and the ballot papers. 2 Each proposal shall be accompanied by a short, objective explanation from the Federal Council that shall also take account of the opinions of significant minorities. The proposal must contain the wording of the questions on the ballot paper. In the case of popular initiatives and referendums, the initiative committee shall inform the Federal Council of their arguments and the Federal Council shall take such arguments into account in its explanatory statement. The Federal Council may amend or reject defamatory, blatantly false or excessively long statements. References to electronic sources may be included in the explanatory statement only if the author of the references declares in writing that none of the content of the sources is illegal and that the sources are not linked to electronic publications with illegal content. 3 Persons eligible to vote shall receive

Art. 11 — Amended by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445). Para. 2 — Amended by No I 1 of the Federal Act of 23 March 2007 on the Amendment of the Federal Legislation on Political Rights, in force since 1 Jan. 2008 (AS 2007 4635; BBl 2006 5261). Para. 3 — Term in accordance with No II 4 of the Federal Act of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). This amendment

Art. 12 Invalid ballot papers

1 Ballot papers are invalid if they: a. are not official; b. have been completed other than by hand; c. do not permit the intention of the voter to be clearly recognised; d. contain defamatory remarks or obviously irrelevant markings; e. ... 2 Grounds for invalidity or nullity that relate to cantonal procedures (official voting envelope, validation stamp, etc.) are reserved. 3 In the case of electronic voting pilot schemes, the legislation of each canton conducting such a scheme shall determine the requirements according to which votes are validly cast and the grounds for invalidity.

Para. 1 let. e — Repealed by No II of the FA of 22 March 1991, with effect from 1 Jul. 1992 (AS 1991 2388; BBl 1990 III 445). Para. 3 — Term in accordance with No II 4 of the Federal Act of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). This amendment has been made throughout the text. Para. 3 — Inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).

Art. 13 Determination of the result of the vote

1 Blank and invalid ballot papers shall be disregarded when determining the result of the vote. 2 Where the yes-votes in a canton are equal in number to the no-votes, the vote of that canton shall be counted towards the cantons voting no. 3 A very close result only requires a recount if there are credible allegations of irregularities that by their nature and extent could have influenced the federal result.

Art. 13 — Amended by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445). Para. 2 — Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445). Para. 3 — Inserted by No I of the FA of 26 Sept. 2014 (National Council elections), in force since 1 Nov. 2015 (AS 2015 543; BBl 2013 9217).

Art. 14 Report on the vote

1 In every polling station, a report shall be drawn up on the result of the vote which states the total number of persons eligible to vote and the number of Swiss citizens resident abroad who are eligible to vote, the total number of voters, the total number of blank, invalid and valid ballot papers, and the number of votes cast in favour of and against the proposal. 2 The report shall be sent to the cantonal government. The cantonal government shall compile the provisional results from the entire canton, notify the Federal Chancellery of the results and publish the same in the official cantonal gazette within 13 days of the polling day. If necessary, the cantonal government shall publish a special issue of the official cantonal gazette. 3 The cantons shall submit the report, and if so requested, the ballot papers, to the Federal Chancellery within ten days of expiry of the period allowed for an appeal to be lodged (Art. 79 para. 3). Following validation of the result of the vote, the

Para. 1 — Amended by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445). Para. 2 — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).

Art. 15 Validation and publication of the result of the vote

1 The Federal Council shall ascertain the result of the vote (validation) as soon as it is established that no appeal against the vote has been filed with the Federal Supreme Court, or as soon as a decision has been made on such an appeal. 2 The validation decree shall be published in the Federal Gazette. 3 Amendments to the Federal Constitution shall come into force on their adoption by the People and the cantons, unless the proposal provides otherwise. 4 Where a change in the law cannot be delayed and as soon as the result of the vote is beyond dispute, the Federal Council or the Federal Assembly may bring draft legislation or federal decrees on the adoption of international treaties provisionally into force prior to the completion of the validation procedure, or in the case of emergency federal acts, allow such acts to remain in force provisionally, or repeal the same.

Para. 1 — Amended by Annex No 2 of the Federal Supreme Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 1205 1069 Art. 1 let. a; BBl 2001 4202). Para. 4 — Inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).