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.
Art. 77 Appeals
1 An appeal may be filed with the cantonal government: a. in respect of a violation of the provisions on voting rights in terms of Articles 2–4, Article 5 paragraphs 3 and 6 and Articles 62 and 63 (appeal on a matter related to voting rights); b. in respect of irregularities at popular votes (appeal on a matter related to popular votes); c. in respect of irregularities in the preparation for and conduct of elections to the National Council (appeal on a matter related to elections). 2 The appeal must be filed by registered mail within three days of the grounds for appeal being ascertained, and at the latest on the third day following publication of the results in the official cantonal gazette.
Para. 1 let. a — 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. b — 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. 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. 78 Appeal petition
1 The appeal petition must contain a brief summary of the facts of the case in justification of the appeal. 2 ...
Para. 2 — Repealed by No I of the FA of 18 March 1994, with effect from 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 4 5).
Art. 79 Appeal decisions and rulings
1 The cantonal government shall issue a decision on an appeal within ten days of receipt of the appeal petition. 2 If the cantonal government establishes, whether on the basis of the appeal or in the course of its own duties, that there have been irregularities, it shall issue the orders required to remedy the deficiencies established, if possible prior to the conclusion of the election or popular vote procedure. 2bis The cantonal government shall reject any appeals on matters relating to popular votes or elections without conducting a detailed investigation if the irregularities complained of are not sufficient either in their nature or in their extent to have a material influence on the result of the vote as a whole. 3 The cantonal government shall give notice of its decision and any rulings issued in accordance with Articles 34–38 and 61 paragraph 2 of the Administrative Procedure Act of 20 December 1968 and shall notify the Federal Chancellery.
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. 3 — SR 172.021 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).
Art. 80 Appeal to the Federal Supreme Court
1 An appeal may be filed with the Federal Supreme Court against appeal decisions of the cantonal government (Art. 77) in accordance with the Federal Supreme Court Act of 17 June 2005. 2 An appeal to the Swiss Federal Supreme Court shall also be permitted against rulings issued by the Federal Chancellery on the refusal to make an entry in the Register of Political Parties or on the failure of a popular initiative or of a request for a referendum. No appeal shall be permitted against a simple notice in the Federal Gazette relating to a clear failure to achieve a quorum in respect of a popular initiative or request for a referendum at federal level (Art. 66 para. 1 and Art. 72 para. 1). 3 The members of the initiative committee are also entitled to appeal against rulings issued by the Federal Chancellery relating to the formal validity of a signature list (Art. 69 para. 1) and relating to the title of an initiative (Art. 69 para. 2).
Art. 80 — 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. 1 — SR 173.110 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).
Art. 81 and 82
Repealed by Annex No 2 of the Federal Supreme Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 1205 1069 Art. 1 let. a; BBl 2001 4202).
