Federal Act on Political Rights
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General
Art. 16 Allocation of seats to the cantons
1 The allocation of seats in the National Council among the cantons is based on the figures for the resident population obtained from the register-related surveys carried out as part of the census in accordance with the Census Act of 22 June 2007 in the first calendar year following the previous general elections to the National Council. 2 Based on the binding figures for the resident population in accordance with Article 13 of the Census Act of 22 June 2007, the Federal Council shall make a binding decision on the number of seats to be allocated to each canton in the follow general election to the National Council.
Art. 16 — Amended by Art. 17 No 1 of the Census Act of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6743; BBl 2007 53). Para. 1 — SR 431.112
Art. 17 Allocation procedure
The 200 seats in the National Council shall be allocated among the cantons in accordance with the following procedure: a. Preliminary allocation: 1. The resident population of Switzerland is divided by 200. To obtain the first allocation number, the result is rounded up to the nearest whole number, unless it is already a whole number, in which case it is increased to the next highest whole number. Each canton whose population is lower than this number is allocated one seat, and is excluded from the further stages of the allocation procedure. 2. The resident population of the remaining cantons is divided by the number of seats that have yet to be allocated. To obtain the second allocation number, the result is rounded up to the nearest whole number, unless it is already a whole number, in which case it is increased to the next highest whole number. Each canton whose population is lower than this number is allocated one seat, and is excluded from the further stages of the allocation proc
Art. 17 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 18
Repealed by Annex No II 1 of the Parliament Act of 13 Dec. 2002, with effect from 3 Dec. 2007 (AS 2003 3453; BBl 2001 3467 5428).
Art. 19 Date of the election
1 The ordinary general election to the National Council shall be held on the second last Sunday in October. The cantonal government shall fix the earliest possible date for by-elections and supplementary elections. 2 The Federal Council shall fix the date for an extraordinary general election in terms of Article 193 paragraph 3 of the Federal Constitution.
Para. 2 — Amended by No I of the O of 8 Oct. 1999, in force since 1 March 2000 (AS 2000 411; BBl 1999 7922).
Art. 20 Drawing of lots
If lots must be drawn, this takes place in the canton subject to the orders of the cantonal government, or at a federal level subject to the orders of the Federal Council.
Art. 20a
Inserted by No I of the FA of 18 March 1994 (AS 1994 2414; BBl 1993 III 445). Repealed by 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).
Chapter 2 Elections based on a System of Proportio
Section 1 Candidature
Art. 21 Final date for submission of candidate lists
1 Cantonal law shall specify one Monday in the August of the election year as the final date for the submission of candidate lists, and it shall stipulate the authority to which the lists should be submitted. 2 The candidate lists must arrive at the cantonal authority on the final date for submission at the latest. 3 The cantons shall notify the Federal Chancellery of each candidate list without delay.
Art. 21 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 1 — Amended 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. 22 Number and designation of the candidates
1 A candidate list may contain no more names of persons eligible for election than the number of seats in the National Council that have been allocated to the constituency, and no name may appear more than twice on any list. Where a candidate list contains more than the maximum number of names, the last names on the list shall be deleted. 2 The candidate lists must provide the following details for each candidate: a. official surname and first names; b. the name by which the person is known in politics or in everyday life; c. sex; d. date of birth; e. home address including postcode; f. place and canton of origin; and g. occupation. 3 Each candidate must confirm in writing that they accept their nomination. In the absence of such confirmation, the name of the candidate shall be deleted from the list.
Para. 2 let. g — Amended 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). Para. 3 — Inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 23 Designation of the candidate list
Each candidate list must bear a designation that is sufficient to distinguish it from other lists. Groups that submit lists of candidates with identical elements in the main designation and that intend to combine such lists shall declare one of these candidate lists to be the parent list.
Second sentence inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 24 Quorum of signatures
1 Each candidate list must be signed by hand by a minimum number of persons who are both eligible to vote and have their political domicile in the constituency. The minimum number is: a. 100 in cantons with 2–10 seats; b. 200 in cantons with 11–20 seats; c. 400 in cantons with more than 20 seats. 2 No person eligible to vote has the right to sign more than one candidate list. They may not withdraw their signature following submission of the candidate list. 3 The quorums in accordance with paragraph 1 above do not apply to any party that was duly registered with the Federal Chancellery at the end of the year preceding the year of the election (Art. 76a) provided that it has been represented in the National Council for the same constituency in the legislative period that is due to expire or it achieved at least three per cent of the vote in the same canton at the previous general election. 4 Any party falling within the terms of paragraph 3 above must simply submit the legally valid sign
Art. 24 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 1 let. c — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 3 — Inserted by No I of the FA of 21 June 2002 (AS 2002 3193; BBl 2001 6401). Amended 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). Para. 4 — Inserted by No I of the FA of 21 June
Art. 25 Agent for the candidate list
1 The signatories must appoint an agent for the candidate list and a deputy agent. If they fail to do so, then those persons whose names appear in first and second place as signatories to the list are deemed to be the agent and deputy agent respectively. 2 The agent and, in the event of their incapacity, the deputy agent have the right and the obligation to make such legally-binding declarations on behalf of the signatories as may be required to obviate any objections.
Art. 26 Inspection of candidate lists
Those eligible to vote in a constituency may inspect the lists of candidates and the names of the signatories at the offices of the competent authority.
Art. 27 Multiple candidacies
1 If the name of a candidate appears on more than one candidate list in any constituency, the name shall be deleted immediately by the canton from all the candidate lists on which it appears. 2 The Federal Chancellery shall immediately delete from the candidate list any candidate whose name already appears on an electoral list or a candidate list in another canton. 3 The Federal Chancellery shall immediately notify the cantons concerned of the deletions that it has made.
Art. 27 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 28
Repealed by No I of the FA of 18 March 1994, with effect from 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 29 Rectification of deficiencies; Replacement candidates
1 The canton shall examine the candidate lists and allow the agent representing the signatories a period within which to rectify deficiencies in the candidate list, alter designations that give rise to confusion, and nominate replacement candidates for candidates whose names have been officially deleted. 2 The replacement candidates must confirm in writing that they accept their nomination. In the absence of such confirmation or where the relevant name already appears on another candidate list or the candidate is not eligible for election, the replacement candidate is deleted from the list. Unless the agent for the candidate list requests otherwise, replacement candidates are entered at the end of the candidate list. 3 In the event of any deficiency not being rectified within the period allowed, the candidate list is deemed invalid. If the deficiency relates only to one candidate, their name is simply deleted. 4 No candidate list may be further amended from the second Monday following
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 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 4 — Amended 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. 30 Electoral lists
1 The final candidate lists are known as electoral lists. 2 Each list shall be provided with a reference number.
Art. 31 Combined electoral lists
1 Two or more electoral lists may at the latest by the end of the period allowed for rectification (Art. 29 paragraph 4) be combined with each other by means of a unanimous declaration of the signatories or their agents. Within a combined electoral list, only electoral list sub-combinations are permitted. 1bis List sub-combinations are valid only in the case of electoral lists with the same designation that differentiate themselves from each other solely by an additional designation indicating a distinction that is based on sex, the wing of a political group, region, or age. 2 List combinations and list sub-combinations must be indicated on pre-printed ballot papers. 3 Declarations relating to electoral list combinations and electoral list sub-combinations may not be revoked.
Art. 31 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 32 Publication of the electoral lists
1 At the earliest possible opportunity, the canton shall publish in the official cantonal gazette the electoral lists with their designations and their reference numbers as well as references to any list combinations or list sub-combinations. 2 The Federal Chancellery shall publish the electoral lists in electronic form indicating the official surnames and first names, year of birth, occupation, place of origin and place of residence of the candidates.
Art. 32 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414 2422; BBl 1993 III 445). Para. 2 — Inserted by Art. 21 No I of the Publication Act of 18 June 2004, in force since 1 Jan. 2005 (AS 2004 4929; BBl 2003 7711). Amended 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. 32a Declaration of the invalidity of candidacies
1 If a multiple candidacy is discovered following the rectification of the candidate lists, the candidacy concerned shall be declared invalid on all the lists affected: a. by the canton, where the same candidate appears on more than one list in that canton; b. by the Federal Chancellery, where the same candidate appears on lists in more than one canton. 2 The cantons concerned and the Federal Chancellery shall inform each other immediately of the candidacies that have been declared invalid. 3 Where possible, the names of persons whose candidacy has been declared invalid shall be deleted from the lists before they are published. 4 The declaration of the invalidity of a candidacy on lists that have already been published shall be published immediately in electronic form in the Federal Gazette and in the official gazette of all the cantons concerned.
Art. 32a — 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. 33 Preparation and delivery of ballot papers
1 The cantons shall prepare ballot papers for all the electoral lists, which each contain pre-printed details of the list designation, any electoral list combination, the reference number and candidate information (as a minimum the surnames, first names and place of residence), as well as ballot papers that are not pre-printed. 1bis If the canton prepares vote recording vouchers instead of ballot papers, persons eligible to vote shall also receive a summary of the details of each of the candidates and of the electoral list designations, and of any list combinations and list sub-combinations. 2 The cantons shall arrange for a complete set of all ballot papers to be delivered to each person eligible to vote at least three weeks and no more than four weeks prior to the polling day. 3 The signatories may obtain additional pre-printed ballot papers at cost price from the cantonal chancelleries.
Para. 1bis — Inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 2 — Amended 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).
Section 2 The Voting Procedure and Establishing th
Art. 34 Voting instructions
The Federal Chancellery shall issue brief instructions on voting procedures prior to each general election, which are delivered along with the ballot papers to the persons eligible to vote in cantons with a system of proportional representation (Art. 33 paragraph 2).
Art. 34 — 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).
Art. 35 Completing the ballot paper
1 Any person who uses the ballot paper that is not pre-printed may enter the names of eligible candidates and add the list designation or reference number of an electoral list. 2 Any person who uses a pre-printed ballot paper may delete pre-printed candidate names; they may enter the names of candidates from other electoral lists (splitting the vote). They may also delete the pre-printed reference number and electoral list designation or replace the same with the number and designation of a different list. 3 They may enter the name of the same candidate on the ballot paper twice (accumulating).
Art. 36 Votes for deceased candidates
Votes for candidates who have died in the period since the final rectification of any deficiencies in the candidate lists (Art. 29 para. 4) are counted as personal votes for those candidates.
Art. 36 — Amended 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. 37 Additional votes
1 Where a ballot paper contains fewer valid votes for candidates than the number of seats in the National Council allocated to the constituency, the lines that have not been completed on the ballot paper count as additional votes for the electoral list whose designation or reference number is entered on the ballot paper. In the absence of a designation or reference number, or if the ballot paper contains more than one of the eligible list designations or reference numbers, the uncompleted lines are not counted (blank votes). 2 Where more than one regional list with the same designation has been submitted in any canton, additional votes on a ballot paper that does not designate the region are counted towards the list relating to the region in which the ballot paper is handed in. 2bis In the case of the other possible applications of Article 31 paragraph 1bis, the additional votes are counted towards the list whose designation is entered on the ballot paper. The additional votes on insuf
Para. 2 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 2bis — Inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 2bis — Second sentence inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401). Para. 3 — Second and third sentences repealed by No II 4 of the Federal Act of 20 March 2008 on Formal Revision of Federal Legislatio
Art. 38 Invalid ballot papers and candidate votes
1 Ballot papers are invalid if they: a. do not contain the name of a candidate standing in the constituency; b. are not official; c. have been completed or altered other than by hand; d. contain defamatory remarks or obviously irrelevant markings; e. ... 2 The following shall be deleted from the ballot paper: a. superfluous repetitions if the name of a candidate appears more than twice on a ballot paper; b. all names of persons whose candidacies were declared invalid due to multiple candidacy following the rectification of the candidate lists. 3 If the ballot paper contains more names than there are seats to be allocated, the last pre-printed names on the list that have not been accumulated by hand shall be deleted followed by the last names that have been added by hand. 4 Grounds for invalidity or nullity that relate to the cantonal procedure (official voting envelope or validation stamp, etc.) remain reserved. 5 In the case of electronic voting pilot schemes, the legislation of each
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. 2 let. b — Amended 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). Para. 3 — Amended 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). Para. 4 — Inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS
Art. 39 Collating the results
Following the close of voting, the cantons shall establish the following on the basis of the reports from the polling stations: a. the number of persons eligible to vote and the number of persons who voted; b. the number of valid, invalid, and blank ballot papers; c. the number of votes that the individual candidates on each list have received (candidate votes); d. the number of additional votes for each list (Art. 37); e. the sum of the candidate votes and additional votes for the individual lists (party votes); f. in respect of combined lists, the total of the votes cast in favour of the group on the lists; g. the number of blank votes.
let. d — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401). let. e — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 40 Initial allocation of mandates to the electoral lists
1 The number of valid party votes for all the electoral lists is divided by a number equivalent to the number of mandates to be allocated plus one. To obtain the allocation number, the result is rounded up to the nearest whole number, unless it is already a whole number, in which case it is increased to the next highest whole number. 2 Each electoral list shall be allocated as many mandates as the number obtained by dividing the number of votes cast in favour of the list by the allocation number. 3 ...
Art. 40 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 1 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 3 — Repealed by No I of the FA of 18 March 1994 , with effect from 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 41 Additional allocations
1 Where not all of the mandates have been allocated, the mandates remaining shall be allocated individually and one after the other according to the following rules: a. the number of votes cast in favour of each electoral list is divided by a number equivalent to the number of mandates already allocated to that list plus one; b. the next mandate is allocated to the electoral list that has the largest quotient; c. if more than one list is entitled to the next mandate as they have the same quotient, then the next mandate is allocated to the list that achieved the highest remainder in the division according to Article 40 paragraph 2; d. if there are still two or more lists with the same right to the mandate, the mandate goes to the list that has obtained the highest number of party votes; e. if more than one list still has the same right to the mandate, the first mandate is allocated to the list whose candidate for the mandate has obtained the highest number of votes; f. if more than one
Art. 41 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 42 Allocation of mandates to combined lists
1 Each group of combined lists shall initially be treated as a single list for the purposes of allocating mandates. 2 Mandates shall be allocated to the individual lists within a group according to Articles 40 and 41. Article 37 paragraphs 2 and 2bis remain reserved.
Para. 2 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 43 Determining the elected members and their replacements
1 On the basis of the number of mandates obtained, those candidates from each list that have received the highest number of votes shall be elected. 2 The candidates that are not elected shall act as replacement candidates in the order of the number of votes that they have obtained. 3 Where two or more candidates have received the same number of votes, their order of precedence shall be decided by drawing lots.
Art. 44 Excess of seats
Where any list is allocated more mandates than it has candidates, a supplementary election shall be held in accordance with Article 56 in respect of the mandates that cannot be allocated.
Art. 45 Tacit election
1 Where all the lists when taken together do not contain more candidates than there are mandates to be allocated, the cantonal government shall declare all the candidates on the lists to be elected. 2 Where all the lists when taken together contain fewer candidates than there are mandates to be allocated, supplementary elections shall be held in accordance with Article 56 paragraph 3 in respect of the mandates that cannot be allocated.
Art. 45 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Art. 46 Election without lists
1 If there are no lists, persons eligible to vote may cast their vote for any person who is eligible for election. The persons who have obtained the highest numbers of votes shall be elected. 2 Where a ballot paper contains more names than there are mandates to be allocated, the last names on the paper shall be deleted. 3 The provisions that apply to constituencies that return only one member also apply by analogy.
Para. 2 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Chapter 3 Simple Majority System
Art. 47 Procedure
1 In constituencies where only one member of the National Council is to be elected, votes may be cast for any person who is eligible for election. The person who receives the highest number of votes shall be elected. In the event of a tie, the result shall be decided by drawing lots. 1bis The canton may publish electronically and in the cantonal gazette all candidacies that are notified to the cantonal electoral authority by the forty-eighth day before the election day. The published information must as a minimum include the candidates: a. official surname and first names; b. name by which they are known in politics or in everyday life; c. sex; d. home address including postcode; e. place and canton of origin; f. party or political group affiliation; and g. occupation. 2 Cantonal legislation may provide for a tacit election where only one valid nomination has been submitted to the responsible cantonal authority by 12.00 noon on the forty-eighth day (seventh Monday) prior to the electio
Para. 1bis let. g — 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). Para. 2 — Inserted by No I of the FA of 18 March 1994 (AS 1994 2414; BBl 1993 III 445). 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).
Art. 48 Ballot papers
The cantons shall arrange for a ballot paper to be delivered to each person eligible to vote at least three weeks and no more than four weeks prior to the polling day.
Art. 48 — Amended 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. 49 Invalid ballot papers
1 Ballot papers are deemed invalid if they: a. contain the names of more than one person; b. are not official; c. have been completed other than by hand; d. contain defamatory remarks or obviously irrelevant markings; e. ... 2 Grounds for invalidity or nullity that relate to the cantonal procedure (official voting envelope, validation stamp, etc.) remain reserved. 3 In the case of electronic voting pilot schemes, the legislation of each canton conducting such a scheme determines 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. 2 — Inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). 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. 50 Cantons with the possibility of a tacit election
1 If the possibility of a tacit election is recognised under cantonal law, then the names of all candidates nominated within the period allowed must appear on a pre-printed list on the ballot paper. 2 In order to vote, the voter shall personally place a cross in the field next to the name of the candidate. 3 The following are invalid: a. votes for candidates whose names do not appear on the pre-printed list; b. ballot papers on which a cross appears next to more than one candidate.
Art. 50 — 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).
Art. 51 By-elections
Articles 47–49 also apply to by-elections.
Art. 51 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Chapter 4 Publication and Validation of Election R
Art. 52 Notice of election; Publication of the election results
1 After the results have been established, the cantonal government shall immediately inform those elected of their election in writing and shall advise the Federal Council of the names of those elected. 2 The canton shall publish the results obtained by each candidate and, where applicable, each list in the official cantonal gazette within eight days of the polling day at the latest, making reference to the right to contest the result. 3 The results of general, supplementary and by-elections shall be published in the Federal Gazette. They shall also be published in full in the online version of the Federal Gazette. 4 The canton shall send the election report to the Federal Chancellery immediately following the expiry of the period allowed for lodging an appeal contesting the election (Art. 77 para. 2). The ballot papers shall be delivered to the location appointed by the Federal Chancellery within ten days of the expiry of the period allowed for lodging an appeal contesting the electio
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). Para. 3 — Inserted by Art. 17 No 1 of the Federal Act of 21 March 1986 on the Compilations of Legislation and the Official Federal Gazette, in force since 15 May 1987 (AS 1987 600; BBl 1983 III 429). Para. 3 — Second sentence inserted by Art. 21 No 1 of the Publication Act of 18 June 2004, in force since 1 Jan. 2005 (AS 2004 4929; BBl 2003 7711). Para. 4 — Inserted by No I of the FA of
Art. 53 Validation of the election results
1 The constituent sitting of the newly elected National Council shall take place on the seventh Monday following the election. At this sitting, the first task shall be the validation of the results of the election. The National Council shall be held to be constituted as soon as the election of at least a majority of its members has been declared valid. The National Council shall determine the procedural rules in its regulations. 2 Any person bearing an election certificate from their cantonal government shall have the right to a seat and to a vote at this sitting, but not to vote on the validity of their own election. 3 In the event of substitution or of by-elections or supplementary elections, a newly elected member may participate in the sitting only if their election has been declared to be valid.
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. 3 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).
Chapter 5 Changes during the Legislative Period
Art. 54 Resignation
Notice of resignation from the National Council must be given in writing to the President of the National Council.
Art. 55 Substitution
1 Where a member of the National Council resigns before the expiry of the legislative period, the cantonal government shall declare the first substitute from the same list to be elected. 2 If a substitute cannot or does not wish to assume office, the next substitute on the electoral list shall be invited to assume office in their place.
Art. 56 Supplementary election
1 Where a seat cannot be filled by substitution, three-fifths of the signatories to the list (Art. 24 paragraph 1) on which the member of the National Council who has resigned is entered, or the committee of the cantonal party (Art. 24 paragraph 3) that submitted the said list shall have the right to submit a further nomination. 2 The candidate who is nominated in the foregoing manner shall be declared by the cantonal government to be elected in accordance with Article 45, following the rectification of any deficiencies in the candidate list (Art. 22 and Art. 29) and without a ballot being held. 3 Where the right to nominate a candidate is not exercised, a popular election shall be held. This election is based on the simple majority election system unless more than one seat has to be filled, in which case the provisions on the system of proportional representation apply.
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. 2 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 3 — Amended by No I of FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 57 End of the legislative period
The legislative period of the National Council ends on the constitution of the newly elected National Council.
Art. 57 — Amended by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).