Federal Act on Political Rights
The provisions of the 5th Title (Art. 68–74) of the Act revised by the FA of 21 June 1996 (AS 1997 753) apply only to popular initiatives where the collection of signatures began after 31 March 1997 (AS 1997 760 Art. 2 para. 2).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 68 Signature lists
1 The signature list (on forms, sheets of paper or cards) that is used to collect signatures for a popular initiative must contain the following information: a. the canton and the political commune in which the signatory is eligible to vote; b. the title and text of the initiative, together with the date of its publication in the Federal Gazette; c. a withdrawal clause within the meaning of Article 73; d. reference to the fact that Any person who falsifies the result of a signature collection for a popular initiative (Art. 282 SCC) or who offers or accepts bribes in connection with a signature collection (Art. 281 SCC) commits an offence; e. the names and addresses of at least seven and no more than 27 authors of the initiative, all of whom must be eligible to vote (the initiative committee). 2 Article 60 paragraph 2 also applies to popular initiatives.
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. b — 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 Federal Act of 25 Sept. 2009 (Conditional Withdrawal of a Popular Initiative), in force since 1 Feb. 2010 (AS 2010 271; BBl 2009 3591 3609). Para. 1 let. d — Amended by No I of the FA of 21 June 1996, in force since 1 April 1
Art. 69 Preliminary examination
1 The Federal Chancellery shall declare in a ruling before the collection of signatures is begun whether the signature list corresponds to the form prescribed by law. 2 Where the title of an initiative is misleading, or if it contains commercial advertising or personal publicity or gives rise to confusion, it shall be amended by the Federal Chancellery. 3 The Federal Chancellery shall examine the texts of the initiative in all official languages to ensure that they correspond and shall undertake any translation work thereon that is required. 4 The title and text of the initiative, together with the names of the authors shall be published in the Federal Gazette.
Para. 2 — 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. 4 — 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. 69a Online signature lists
Any person who downloads a signature list for a popular initiative that has been made available online is responsible for ensuring that the signature list satisfies all the formal legal requirements.
Art. 69a — Inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 70 Further provisions
The provisions laid down for referendums relating to signatures (Art. 61), the certificate of eligibility to vote (Art. 62) and the refusal of a certificate of eligibility to vote (Art. 63) apply by analogy to popular initiatives.
Art. 70 — 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. 71 Submission
1 The signature lists for a popular initiative must be submitted together 18 months at the latest from the date of publication of the text of the initiative in the Federal Gazette. 2 Signature lists that have been submitted are not returned and may not be inspected.
Art. 72 Successful request for a popular initiative
1 After expiry of the period allowed for the collection of signatures, the Federal Chancellery shall establish whether the popular initiative has obtained 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 Council shall issue a ruling confirming whether or not the popular initiative has been successful. 2 The following are invalid: a. signatures on lists that do not fulfil the requirements of Article 68; b. signatures of signatories whose eligibility to vote is not certified; c. signatures on lists that have been submitted after the period allowed for the collection of signatures. 3 The Federal Chancellery shall publish the ruling on the success of the initiative in the Federal Gazette together with details of t
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. c — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).
Art. 73 Withdrawal
1 A popular initiative may be withdrawn by its initiative committee. The declaration of withdrawal is binding provided it has been signed by an absolute majority of the members of the initiative committee who are still eligible to vote. 2 The withdrawal of a popular initiative is permitted up to the day on which the Federal Council fixes a date for a popular vote. The Federal Chancellery shall invite the initiative committee to give notice of its decision and shall specify a short period of time within which the committee must do so. 3 An initiative in the form of a general proposal may not be withdrawn after its approval by the Federal Assembly.
Art. 73 — 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. 73a Unconditional and conditional withdrawal
1 The withdrawal of a popular initiative is normally unconditional. 2 However, if Federal Assembly has approved an indirect counter-proposal in the form of a federal act at the latest at the same time as the final vote on the popular initiative, the initiative committee may withdraw its popular initiative under the express condition that the indirect counter-proposal is not rejected in a popular vote. 3 The conditional withdrawal becomes effective as soon as: a. the deadline for requesting a referendum against the indirect counter-proposal has expired without a request being filed; b. a legally binding declaration has been made that the request for a referendum against the indirect counter-proposal has failed; or c. the Federal Council has, in accordance with Article 15 paragraph 1, validated the result of the popular vote where a request for a referendum has succeeded and the People have voted for the indirect counter-proposal.
Art. 73a — Inserted by No I of the FA of 25 Sept. 2009 (Conditional Withdrawal of a Popular Initiative), in force since 1 Feb. 2010 (AS 2010 271; BBl 2009 3591 3609).
Art. 74
Repealed by No I of the FA of 25 Sept. 2009 (Conditional Withdrawal of a Popular Initiative), with effect from 1 Feb. 2010 (AS 2010 271; BBl 2009 3591 3609).
Art. 75 Examination of validity
1 If the text of a popular initiative fails to comply with the principles of cohesion of subject matter (Art. 139 para. 3 and Art. 194 para. 2 Federal Constitution) or consistency of form (Art. 139 para. 3 and Art. 194 para. 3 Federal Constitution), or if the popular initiative violates mandatory provisions of international law (Art. 139 para. 3, Art. 193 para. 4 and Art. 194 para. 2 Federal Constitution), the Federal Assembly shall declare the initiative to be invalid as a whole or in part, to the extent that this is required. 2 There is cohesion of subject matter in a popular initiative when there is an intrinsic connection between the individual parts of the initiative. 3 There is consistency of form in a popular initiative when the initiative is couched exclusively in the form of a general proposal or of a specific draft provision.
Art. 75 — Amended by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401). Para. 1 — Amended by No I of the O of 8 Oct. 1999, in force since 1 March 2000 (AS 2000 411; BBl 1999 7922).
Art. 75a Vote
1 The Federal Council shall submit the popular initiative to a popular vote within ten months of the final vote thereon in the Federal Assembly, but at the latest ten months after expiry of the statutory period allowed for Parliament to consider the popular vote. 2 In the event of a conditional withdrawal in favour of an indirect counter-proposal, the Federal Council shall submit the popular initiative to a popular vote and the cantons within ten months of its validation in accordance with Article 15 paragraph 1 of the result of the popular vote rejecting the indirect counter-proposal. 3 If a popular initiative in the form of a general proposal is approved, the draft amendment to the Constitution shall be submitted to a popular vote and the cantons within ten months of the final vote in the Federal Assembly. 3bis The time limits in paragraphs 1–3 shall be extended by six months if they begin less than ten months but more than three months before the next general election to the Nationa
Art. 75a — Inserted by No I of the FA of 25 Sept. 2009 (Conditional Withdrawal of a Popular Initiative), in force since 1 Feb. 2010 (AS 2010 271; BBl 2009 3591 3609). Para. 3bis — Inserted by No I of the FA of 26 Sept. 2014 (National Council Elections), in force since 1 March 2015 (AS 2015 543; BBl 2013 9217). Para. 4 — SR 171.10
Art. 76 Direct counter-proposal
1 Where the Federal Assembly decides to submit a counter-proposal, three questions are put to the voters on the same ballot paper. Each person who is eligible to vote may state, without reservation: a. whether they prefer the popular initiative to the law currently applicable; b. whether they prefer the counter-proposal to the law currently applicable; c. which of the two proposals should become law where both the People and the cantons prefer both proposals to the law currently applicable. 2 The absolute majority shall be established separately for each question. Questions that have not been answered shall be disregarded. 3 Where both the popular initiative and the counter-proposal are accepted, the result of the third question shall be decisive. The proposal that secures a higher number of popular votes and a higher number of cantonal votes shall become law.
Art. 76 — Amended by No I of the O of 8 Oct. 1999, in force since 1 March 2000 (AS 2000 411; BBl 1999 7922). Art. 76 — Inserted by No I of the FA of 25 Sept. 2009 (Conditional Withdrawal of a Popular Initiative), in force since 1 Feb. 2010 (AS 2010 271; BBl 2009 3591 3609).