Federal Act on Political Rights
The provisions of the 4th Title (Art. 59–67) of the Act revised by the FA of 21 June 1996 (AS 1997 753) apply only to legislation passed by the Federal Assembly after 31 March 1997 (AS 1997 760 Art. 2 para. 1).
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 Mandatory Referendum
Art. 58 Publication
Enactments that are subject to a mandatory referendum shall be published following their adoption by the Federal Assembly. The Federal Council shall order that a popular vote be held.
Chapter 2 The Optional Referendum
Section 1 General
Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 59
Repealed by No II 4 of the Federal Act of 20 March 2008 on Formal Revision of Federal Legislation, with effect form 1 Aug. 2008 (AS 2008 3437, BBl 2007 6121).
Art. 59a Significance of the period
The request for a referendum must be submitted to the Federal Chancellery before expiry of the referendum period, either with the support of the number of cantons required by the Constitution or furnished with the required number of signatures and the certificates of eligibility to vote.
Art. 59a — Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 59b Prohibition of withdrawal
A request for a referendum may not be withdrawn.
Art. 59b — Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 59c Popular vote
If the request for a referendum is successful, the Federal Council shall order the organisation of a popular vote.
Art. 59c — Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Section 2 The Popular Referendum
Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 60 Signature lists
1 The signature list (on forms, sheets of paper or cards) used by those requesting a referendum for the purpose of collecting signatures must contain the following information: a. the canton and the political commune in which the signatory is eligible to vote; b. the title of the enactment with the date of its adoption by the Federal Assembly; c. reference to the fact that Any person who falsifies the result of a signature list for a referendum (Art. 282 of the Swiss Criminal Code, SCC) or who offers or accepts bribes in connection with a signature list (Art. 281 SCC) commits an offence. 2 Where more than one request for a referendum is submitted for signature, each request shall be the subject of a separate signature list. Signature lists for more than one request for a referendum may appear on the same page provided that it is possible to separate each signature list for the purpose of its submission.
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. 1 let. c — 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. 1 let. c — SR 311.0 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).
Art. 60a Downloading of signature lists in electronic form
Any person who downloads a signature list for requesting a referendum that has been made available online is responsible for ensuring that the signature list satisfies all the formal legal requirements.
Art. 60a — Inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 61 Signature
1 The person eligible to vote must write their surname and first names by hand and legibly on the signature list and add their handwritten signature. 1bis Persons eligible to vote who are unable to write may have their name entered on a signature list by a person eligible to vote of their choice. This person shall add their signature to the name of the person who is unable to write and preserves secrecy as to the content of the instructions they have received. 2 The person eligible to vote must provide any further details that are required to establish their identity, such as their date of birth and address. 3 They may only sign the same request for a referendum once.
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). Para. 1bis — 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. 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).
Art. 62 Certificate of eligibility to vote
1 The signature lists may be sent continuously but must be sent in good time prior to the expiry of the referendum period to the office that is responsible under cantonal law for the issuing of certificates of eligibility to vote. 2 The office certifies that the signatories in the communes stated in the signature list are eligible to vote on federal matters, and returns the signature lists to their senders without delay. 3 The certificate must state in words or in figures the number of certified signatures; it must be dated, bear the handwritten signature of the public official and indicate their official capacity by means of a stamp or addendum. 4 The eligibility to vote of the signatories may be certified collectively for more than one signature list.
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. 63 Refusal of the certificate of eligibility to vote
1 The certificate of eligibility to vote shall be refused if the requirements of Article 61 are not fulfilled. 2 If a person eligible to vote has signed more than one signature list, only one signature is certified. 3 The grounds for refusal must be stated on the signature list.
Art. 64 Prohibition of inspection
1 ... 2 Signature lists that have been submitted are not returned and may not be inspected.
Art. 64 — 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. 1 — Repealed by No I of the FA of 21 June 1996, with effect from 1 May 1997 (AS 1997 753; BBl 1993 III 445).
Art. 65
Repealed by No I of the FA of 21 June 1996, with effect from 1 May 1997 (AS 1997 753; BBl 1993 III 445).
Art. 66 Successful request
1 After expiry of the referendum period, the Federal Chancellery shall establish whether the referendum request lists contain the required number of valid signatures. If less than half of the quorum required under the Constitution has been achieved, a notice shall be published in the Federal Gazette stating simply that the period allowed for the collection of signatures has expired. If half or more of the required quorum has been achieved, the Federal Chancellery shall issue a ruling confirming whether or not the request for a referendum has been successful. 2 The following are invalid: a. signatures on lists that do not fulfil the requirements of Article 60; b. signatures by persons whose eligibility to vote is not certified; c. signatures on lists that have been submitted after expiry of the referendum period. 3 The Federal Chancellery shall publish the ruling on the success of the referendum request in the Federal Gazette together with details of the numbers of valid and invalid sig
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 let. a — 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 let. b — 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 II 4 of the Federal Act of 20 March 2008 on Formal Revision of Federal Legislation, in force since 1 Aug. 2008 (AS 2008 3437,
Section 3 Referendum requested by the Cantons
Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 67 Competence
Unless cantonal law provides otherwise, the cantonal parliament shall decide whether a referendum should be requested by a canton.
Art. 67 — Amended by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 67a Form
The communication from the cantonal government to the Federal Chancellery shall indicate: a. the title of the enactment with the date of adoption by the Federal Assembly; b. the public body that is requesting the popular vote on behalf of the canton; c. the provisions under cantonal law that regulate the rights to request a referendum; d. the date and result of the vote on the decision to request a referendum.
Art. 67a — Inserted by No I of the FA of 21 June 1996, in force since 1 April 1997 (AS 1997 753; BBl 1993 III 445).
Art. 67b Successful request
1 After expiry of the referendum period, the Federal Chancellery shall establish whether the request for the referendum has been submitted by the required number of cantons. 2 A request for a referendum is declared invalid if: a. it has not been decided on and submitted to the Federal Chancellery within the referendum period; b. it has been decided on by a public body that is not competent to do so; c. it is impossible to identify with any certainty the federal enactment in respect of which the popular vote is being requested. 3 The Federal Chancellery shall provide written notification of the ruling on the success or failure of the request for a referendum by the cantons to the governments of all those cantons that have requested the referendum, and shall publish the ruling in the Federal Gazette, giving details of the number of valid and invalid cantonal requests for a referendum.
Art. 67b — 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. 1 — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).