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RS 161.1 Federal Law of 17 December 1976 on political rights (LDP)

Original Language Title: RS 161.1 Loi fédérale du 17 décembre 1976 sur les droits politiques (LDP)

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161.1

Federal Law on Political Rights

(LDP) 1

On 17 December 1976 (State 1 Er November 2015)

The Swiss Federal Assembly,

See art. 39, para. 1, of the Constitution 2 , 3 Having regard to the message of the Federal Council of 9 April 1975 4 ,

Stops:

Title 1 Right to vote and exercise of this right

Art. 1 1

1 Repealed by c. I of the PMQ of 21 June 2002, with effect from 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 2 1 Exclusion of the right to vote

Prohibited from voting within the meaning of s. 136, para. 1, of the Constitution are persons who, because of a durable disability of discernment, are protected by a general curatorate or by a warrant for reasons of incapacity.


1 New content according to the c. 3 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).

Art. 3 Policy Home

1 Voting shall take place in the political residence, namely the municipality in which the elector resides and has announced to the local authority. Travellers vote in their commune of origin. 1

2 A person who files in a municipality other papers (certificate of nationality, provisional papers, etc.) that his act of origin acquires the political domicile there only on the condition of proving that he is not registered in the register of electors of the place where The original act was deposited.


1 Phrase introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 4 Register of Electors

1 Voters are registered in the register of electors for their political residence. Registrations and deletions are operated ex officio.

2 The registration for an election or a vote shall be received up to the fifth day before the day fixed for the election or voting, if it is established that the conditions for participating in the vote will be met on the day fixed for This one.

3 The register of electors may be consulted by any elector.

Art. 5 Principles Governing the Exercise of the Right to Vote

1 Voting shall only be exercised through the use of ballot papers and official election ballots. They are treated as seizure bulletins issued by the cantons with a view to computerising the counting of ballots. 1

2 Ballots and non-print ballots must be completed by hand. Election bulletins with printing can only be modified by handwritten inscriptions.

3 The elector must exercise his or her right by personally filing the ballot in the ballot box or by voting by mail. 2 The experimentation of electronic voting is governed by art. 8 A . 3

4 And 5 ... 4

6 The ballot paper may be placed in the ballot box by a third party only if the cantonal law allows it for elections and cantonal votes. An elector who is unable to write may have his or her ballot or ballot completed according to his or her instructions by an elector of his or her choice. 5

7 The secrecy of the vote must be safeguarded.


1 Phrase introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the PMQ of March 18, 1994, in force since 15 Dec. 1994 (RO 1994 2414; FF 1993 III 405).
3 Phrase introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
4 Repealed by c. I of the LF of 18 March 1994, with effect from 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
5 New content according to the c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 ( RO 2007 4635 ; FF 2006 5001 ).

Art. 6 Invalid vote

The cantons provide that the voter who is disabled or who, for another reason, is permanently unable to carry out the acts required by the exercise of his right to vote, nevertheless has the opportunity to vote.

Art. 7 Advance Voting

1 The cantons make possible early voting at least two of the four days before polling day.

2 In the area of early voting, the cantonal law must provide that the ballot will be open for a specified period of time in all polling stations or in some polling stations only, or that the elector may hand over his or her ballot paper in a Envelope closed to an official service.

3 When cantons allow for early voting within a wider range, this regulation also applies to federal elections and elections.

4 The cantons shall lay down provisions to ensure a recount without any shortcomings, to safeguard the secrecy of the vote and to prevent abuses.

Art. 8 Match Voting

1 The cantons establish a simple procedure for postal voting. They shall, inter alia, lay down the requirements to guarantee the supervision of the quality of an elector, to ensure a recount without any shortcomings in the vote, to safeguard the secrecy of the vote and to prevent abuse.

2 Voters may vote by correspondence as soon as they have received the documents which, under the cantonal law, allow them to express their vote validly. 1


1 New content according to the c. I of the PMQ of March 18, 1994, in force since 15 Dec. 1994 (RO 1994 2414; FF 1993 III 405).

Art. 8 A 1 Electronic Voting

1 The Federal Council may, in agreement with the cantons and municipalities concerned, authorise the testing of electronic voting by limiting it to part of the territory, to certain dates and to certain objects.

1bis It may, at the request of a canton which has experimented with electronic voting for an extended period without having suffered a failure, allow it to continue its tests during a period of its duration. It may include the authorization of conditions and charges, or limit it at any time, depending on the circumstances, to part of the territory, to certain dates and to certain objects. 2

2 The control of the quality of an elector, the secrecy of the vote and the counting of all votes must be guaranteed. Any risk of abuse must be ruled out.

3 ... 3

4 The Federal Council regulates the modalities.


1 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
2 Introduced by ch. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 ( RO 2007 4635 ; FF 2006 5001 ).
3 Repealed by c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, with effect from 1 Er Jan 2008 ( RO 2007 4635 ; FF 2006 5001 ).

Art. 1

1 Repealed by c. II 4 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Title 2 Votations

Art. 10 Date and Run

1 The Federal Council adopts the rules for determining the days of the votes. In so doing, it takes into account the needs of the voters, the Parliament, the cantons, the political parties and the organisations responsible for handing over the voting equipment and avoiding collisions which may result from differences between the calendar year and the year Religious. 1

1bis The Federal Council shall fix, at least four months before the day of voting, the objects to be voted on. The four-month time limit may be shortened for federal statutes that are declared urgent. 2

2 Each canton ensures the execution of the vote in its territory and adopts the necessary measures.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
2 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 10 A 1 Voter Information

1 The Federal Council shall inform the voters in an ongoing manner on the objects subject to the federal vote.

2 It respects the principles of comprehensiveness, objectivity, transparency and proportionality.

3 It sets out the main opinions expressed during the parliamentary procedure.

4 It does not advocate a different voting recommendation than that formulated by the Federal Assembly.


1 Introduced by ch. I of the 5 Oct PMQ. 2007, in force since 15 January 2009 ( RO 2009 1 ; FF 2006 8779 8797).

Art. 11 Texts subject to voting, ballot papers and explanations 1

1 The Confederation makes the texts subject to voting and the ballot papers available to the cantons.

2 The text submitted to the vote is accompanied by brief explanations from the Federal Council, which must remain objective and also set out the opinion of important minorities. It must contain the exact wording of the question on the ballot paper. In the case of a popular initiative or referendum, the committee makes its case to the Federal Council, which takes them back in its explanations. The Federal Council may amend or refuse to accept comments that are prejudicial to the honour, manifestly contrary to the truth or too long. It contains references to electronic sources only if their authors state in writing that these sources do not contain unlawful indications or refer the Internet user to electronic publications of illicit content. 2

3 The voters receive, at the earliest four weeks before the day of the vote, but no later than three weeks before that date, the documents which, under the cantonal law, allow them to express their vote validly (ballot paper, card Of legitimation, electoral envelope, stamp of control, ... 3 , etc.). However, the text submitted for voting and explanations may be given to them earlier. The Federal Chancellery shall publish, in electronic form and not later than six weeks before the day of the vote, the texts submitted to the vote and the explanations accompanying them. 4 5

4 The cantons may, by law, empower municipalities to send only one copy of the text subject to voting and explanations per household unless a member of that household having the status of an elector requests a copy of the text. Personally. 6


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 ( RO 2007 4635 ; FF 2006 5001 ).
3 Expression deleted by ch. II 4 of the PMQ of 20 March 2008 on the formal updating of the federal law with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ). This mod has been taken into account. Throughout the text.
4 Phrase introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
5 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
6 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414, 2006 2095; FF 1993 III 405).

Art. 12 Invalidity of ballot papers

1 Ballot papers are void:

A.
If they are not official;
B.
They are filled otherwise than by hand;
C.
If they do not clearly express the will of the voter;
D.
They contain remarks that are prejudicial to the honour or are marked with signs;
E. 1
...

2 The grounds for invalidity and annulment arising from the cantonal proceedings (election envelope, stamp of control, etc.) are reserved.

3 The canton which is experimenting with electronic voting lays down in its right the conditions of validity and the reasons for the invalidity of the vote. 2


1 Repealed by c. II of the PMQ of 22 March 1991, with effect from 1 Er Jul. 1992 (RO 1991 2388; FF 1990 III 429).
2 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 13 Finding the result of the voting

1 Blank ballots and spoiled ballots are not taken into consideration for the finding of the outcome of the voting. 1

2 If an object collects an equal number of yes and no in a canton, it is considered to have rejected that object. 2

3 A very tight result requires a recount of votes only if it is likely that irregularities have occurred and that their nature and magnitude have significantly influenced the outcome at the federal level. 3


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
3 Introduced by ch. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Art. 14 Minutes of voting

1 After each vote, the officers of each polling station shall draw up a record in which they indicate the total number of registered voters, including that of the Swiss abroad, the number of voters, the number of white papers, Invalid ballots and ballots, as well as the number of electors who accepted the project and the number of electors who rejected it. 1

2 The minutes shall be forwarded to the cantonal government. The latter shall summarise the provisional results for the whole of the canton, communicate them to the Federal Chancellery and publish them in the official sheet of the canton within 13 days after the day of the vote. If necessary, it publishes the results in a separate number. 2

3 The cantons shall transmit the minutes and, on request, also the ballots, within ten days after the expiry of the appeal period (Art. 79, para. 3) at the Federal Chancellery. After the vote was validated, the ballot papers were destroyed.


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 15 Validating and publishing the votation result

1 The Federal Council shall declare the final result of the vote (validation) as soon as it is established that no appeal has been lodged before the Federal Court or as soon as the judgments on such appeals have been delivered. 1

2 The commitment order is published in the Federal Leaf.

3 The amendments to the Constitution shall enter into force upon their acceptance by the people and the cantons, unless the project otherwise provides.

4 If the amendment of the law does not suffer any delay and the outcome of the vote is indisputable, the Federal Council or the Federal Assembly may, prior to the enactment of the order for validation, temporarily enter into force a law or A federal order approving an international agreement or maintaining or provisionally repealing an emergency declared law. 2


1 New content according to the c. 2 of the Annex to the L of 17 June 2005 on the TF, in force since 1 Er Jan 2007 ( RO 2006 1205 ; FF 2001 4000 ).
2 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Title 3 Election of the National Council

Chapter 1 General provisions

Art. 16 1 Distribution of seats between the cantons

1 The seats of the National Council shall be divided among the cantons on the basis of the population of the resident population of the calendar year following the last election of the National Council (full renewal); this number shall be obtained on the Basis of the surveys based on the official registers which were carried out in the context of the population census, as defined in the Act of 22 June 2007 on the census of the population 2 .

2 Based on the population of the population validated pursuant to s. 13 of the Act of 22 June 2007 on the Census of Population, the Federal Council sets the number of seats allocated to each canton in the forthcoming elections for the full renewal of the National Council.


1 New content according to Art. 17 hp. 1 of the PMQ of 22 June 2007 on the census, in force since 1 Er Jan 2008 ( RO 2007 6743 ; FF 2007 55 ).
2 RS 431.112

Art. 17 1 Dispatch mode

The 200 seats of the National Council are distributed among the cantons in the following manner: 2

A.
Preliminary breakdown:
1.
The number of the population of residence of Switzerland is divided by 200. The whole number immediately above the quotient obtained is the first digit of the distribution. Each township whose population does not achieve this figure is given a seat and no longer participates in the distribution of the remaining seats.
2.
The number of the population of residence of the remaining cantons is divided by the number of seats which have not yet been allocated. The number immediately above the quotient obtained is the second digit of the distribution. Each township whose population does not achieve this figure is given a seat and no longer participates in the distribution of the remaining seats.
3.
This operation is repeated until the remaining cantons reach the last figure of distribution.
B.
Main distribution: Each remaining canton obtains as many seats as the last figure of distribution is contained in the population figure.
C.
Final distribution: The seats that have not yet been allocated are divided between the cantons which have obtained the strongest remains. If several cantons have the same balance, the first to be eliminated are those who obtained the smallest remains after the division of their population by the first figure of distribution. If these remains are also the same, it is the fate that decides.

1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 18 1

1 Repealed by c. II 1 of the annex to the L of 13 Dec. 2002 on Parliament, with effect from 3 Dec. 2007 ( RO 2003 3543 ; FF 2001 3298 5181).

Art. 19 Date of election

1 The regular elections for the full renewal of the National Council take place on the penultimate month of October. The cantonal government fixes the date of the replacement elections and the supplementary elections as soon as possible.

2 The Federal Council shall fix the date of the elections in the event of an extraordinary full renewal of the Board, within the meaning of s. 193, para. 3, of the Constitution. 1


1 New content according to the c. I of the 8 Oct PMQ. 1999, in force since 1 Er March 2000 ( RO 2000 411 ; FF 1999 7145 ).

Art. Pulling out

The drawing of lots takes place in the canton on the order of the cantonal government, for the Confederation on the order of the Federal Council.

Art. A 1

1 Introduced by ch. I of the PMQ March 18, 1994 (RO 1994 2414; FF 1993 III 405). Repealed by c. II 4 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 (RO 2008 3437; FF 2007 5789 ).

Chapter 2 Election according to proportional system 5

Section 1 Applications

Art. 1 Deadline for the filing of lists of candidates

1 The cantonal law establishes the deadline for the filing of lists of candidates on a Monday of August of the year of the election; it specifies to which authority the lists are to be given. 2

2 The lists of candidates must be sent to the cantonal authority by the deadline for the filing of the lists.

3 The cantons shall communicate without delay any list of candidates to the Federal Chancellery.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Art. Number and designation of candidates

1 A list of candidates may not carry a number of eligible persons higher than that of the Members to be elected in the rounding, and no names shall be included more than twice. If a list contains a larger number of names, the last names are striped.

2 The lists of candidates must indicate, for each candidate:

A.
The official first name and surname;
B.
The common name;
C.
Gender;
D.
Date of birth;
E.
Address, including postal code;
F.
The place of origin, including the township to which they belong;
G.
Profession. 1

3 Any person whose name appears on a list of candidates must confirm in writing that he or she accepts his or her application. If this confirmation is missing, his or her name will be deleted from the list of candidates. 2


1 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
2 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 1 Name of the list of candidates

A list of candidates must bear a name that distinguishes it from other lists. Groups that file lists of candidates whose main names consist of identical elements designate one of the lists as a mother list. 2


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 Phrase introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 24 Signatories

1 A list of candidates must bear the handwritten signature of a minimum number of electors whose political domicile is in the district. This number is:

A.
100 in the cantons with 2 to 10 seats;
B.
200 in the cantons with 11 to 20 seats;
C.
400 in the cantons with more than 20 seats. 1

2 No elector may sign more than one list of candidates. He cannot withdraw his signature after the list has been tabled.

3 The obligation referred to in para. 1 does not apply to a political party that was registered in the rules by the Federal Chancellery (art. 76 A ) At the end of the year preceding the election, provided that he or she had, for the current legislature, a representative of the National Council in that same electoral district, or that he or she received at least three percent of the vote at the time of the election Full renewal of the National Council in the canton. 2

4 The party that meets the conditions set out in para. 3 must only file the valid signatures of all candidates, the President and the Secretary. 3


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 Introduced by ch. I of the PMQ of 21 June 2002 ( RO 2002 3193 ; FF 2001 6051 ). New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 (RO 2015 543; FF 2013 8255).
3 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 25 Agent of Signatories to the List 1

1 The signatories to the list of candidates shall appoint a representative and his alternate. If they renounce it, the person whose name appears at the head of the signatories shall be deemed to be an agent and the next person to be his alternate.

2 The representative or, if he is prevented, his alternate shall have the right and the obligation to give, on behalf of the signatories of the list and in such a way as to bind them legally, all indications allowing to eliminate the difficulties which may arise.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 26 Viewing candidate lists

The voters of the district can read the lists of candidates and the names of the signatories to the competent authority.

Art. 27 1 Multiple Entries

1 If a candidate's name appears on more than one list in the same district, the canton immediately claw all the lists.

2 The Federal Chancellery immediately blocks lists of candidates from one canton already on a list of electors or on a list of candidates from another canton.

3 The Federal Chancellery shall immediately notify the cantons concerned of the names it has received.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 28 1

1 Repealed by c. I of the LF of 18 March 1994, with effect from 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. Development of lists; replacement applications

1 The canton shall examine the lists of candidates and impartially to the representative of the signatories a time limit in which to remove the defects affecting the list, amend the name of the list if it is confusing and replace the candidates whose Name was given ex officio. 1

2 Proposed replacement citizens must confirm in writing that they accept their application. 2 If this declaration is missing, if the new candidate is already on another list or if he is not eligible, his name will be deleted from the replacement proposal. 3 Unless otherwise indicated by the representative of the signatories of the list, replacement applications shall be added at the end of the list.

3 If a defect is not deleted within the specified time period, the list is declared null. When the defect affects only one application, only the name of that candidate is skewed.

4 No changes can be made to the lists of candidates from the second Monday following the deadline for the filing of lists of candidates. The official cancellation of multiple applications subsequently discovered (Art. 32 A ) Is reserved. The cantonal law may reduce the time allowed for the development of the lists to one week. 4


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New wording of the sentence as per c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
3 New wording of the sentence as per c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
4 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Art. Lists of electors

1 The lists of candidates definitively established constitute the lists of electors.

2 Each list is provided with an order number.

Art. 1 Slowly

1 Two or more lists may be related by a concurring declaration of the signatories or their representatives, not later than the deadline for the fining of the lists (Art. 29, para. 4). Between related lists, only the subsurface is allowed.

1bis Only subappearances between lists of the same name are valid only by an addition intended to distinguish between the sexes, the wing of a group, the region or the age of the candidates.

2 Slowly and subSlowly should be indicated on election ballots with printing.

3 Slowly and subrelated declarations are irrevocable.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 32 1 Publication of lists of electors

1 The canton publishes the lists of electors with their names and their serial numbers as soon as possible in the canton's official sheet, as well as the indication of the appearance and the subappearance of it.

2 The Federal Chancellery shall publish the lists of electors in electronic form indicating the names and names of the candidates, the year of birth, the places of origin and the residence of the candidates. 2


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 Introduced by Art. 21 hp. 1 of the L of 18 June 2004 on official publications ( RO 2004 4929 ; FF 2003 7047 ). New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 (RO 2015 543; FF 2013 8255).

Art. 32 A 1 Cancellation of applications

1 If a multiple application is discovered after the development of the lists, it is cancelled on all the lists concerned:

A.
By the canton: where the same candidate is on more than one list of applications from that canton;
B.
By the Federal Chancellery: where the same candidate is on the lists of applications of more than one canton.

2 The cantons concerned and the Federal Chancellery shall notify each other without delay of the cancelled applications.

3 As far as possible, the names of those whose applications have been cancelled are skewed from the lists of electors before their publication.

4 The cancellation of an application after its publication on an electoral list shall be published without delay, by electronic means and in the official cantonal paper of all the cantons concerned and in the Federal Leaf, with an indication of the ground Of the cancellation.


1 Introduced by ch. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Art. 33 Establishment and delivery of election ballots

1 The cantons shall draw up for all the lists of electoral bulletins bearing the name of the list (and, if necessary, the appearance of the list), the order number and the indications relating to the candidate (at least the name of the Family, first name and home), as well as non-print electoral bulletins. 1

1bis The cantons which replace the electoral bulletins with the ballot papers also send to the voters a document containing the particulars of all the candidates, the names of the lists and the appearances and Submatches. 2

2 The cantons provide a complete set of all election ballots to voters, no sooner than four weeks, but no later than three weeks before the day fixed for the election. 3

3 The signatories can obtain additional printed ballots at the cost of the cantonal state chancelleries.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
3 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Section 2 Voting and results-making 6

Art. 34 1 Explanatory note

Before each full renewal of the National Council, the Federal Chancellery shall draw up a short explanatory memorandum, which shall be submitted with the electoral bulletins (Art. 33, para. 2) to the voters of the cantons where the election takes place according to the proportional system.


1 New content according to the c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 ( RO 2007 4635 ; FF 2006 5001 ).

Art. 35 How to complete the newsletter

1 Anyone who uses an unprintable election ballot may include the names of eligible candidates, as well as the name of a list or its serial number.

2 A person who uses a printed election ballot may delete names of candidates (latozing) and may list names of candidates from other lists (panacher). It is also open to him to delete the printed serial number or the name of the list, or to replace this indication with another serial number or denomination.

3 It can double the name of the same candidate on a ballot (roll up).

Art. 36 1 Sufficies granted to deceased persons

The voices collected by candidates who have died since the development of the lists of candidates (art. 29, para. 4) are counted as nominative votes.


1 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Art. Additional Sufficions

1 Where a ballot has fewer candidates than the number of Members to be elected in the district, the blank lines shall be considered as additional votes allotted to the list whose name or number Is indicated on the bulletin. If it does not bear any name or serial number, or if it bears more than one of the names filed or numbers, the blank lines are not counted (white votes).

2 Where a number of regional lists of the same name are filed in one canton, the additional votes on a ballot which does not bear the designation of the region shall be allocated to the list of the region in which the ballot was issued. File. 1

2bis In other cases of application of s. 31, para. 1 Bis , the additional votes are allocated to the list referred to in the bulletin. The supplementary votes cast from the electoral bulletins whose names are insufficient are attributed to the list which the group has designated as the mother list. 2 3

3 Names that are not on any list in the district are skewed. ... 4

4 Where the name of the list is not consistent with the serial number assigned to it, only the name is valid.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 Phrase introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
3 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
4 Phrases repealed by c. II 4 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Art. 38 Election Bulletins and Null Nominal Votes

1 Election bulletins are void:

A.
If they have no names of the candidates in the electoral district;
B.
If they are not official;
C.
Whether they are filled or modified other than by hand;
D.
They contain remarks that are prejudicial to the honour or are marked with signs;
E. 1
...

2 Biffés of the Electoral Bulletin:

A.
Overtime repeats, when a candidate's name appears more than twice on a ballot;
B.
The names of the persons whose applications were cancelled after the development of the lists of candidates, because of a multiple application. 2

3 When a ballot contains more names than there are seats to be occupied, the last names printed and not aggregated by hand and then the last names added to the hand are skewed. 3

4 The grounds for invalidity and annulment arising from the cantonal proceedings (election envelope, stamp of control, etc.) are reserved. 4

5 The canton which is experimenting with electronic voting lays down in its right the conditions of validity and the reasons for the invalidity of the vote. 5


1 Repealed by c. II of the PMQ of 22 March 1991, with effect from 1 Er Jul. 1992 (RO 1991 2388; FF 1990 III 429).
2 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
3 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
4 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
5 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 39 Results Summary

After the close of the poll, the cantons shall establish, according to the minutes of the polling stations:

A.
The number of registered voters and voters;
B.
The number of valid, null and blank ballots;
C.
The number of votes obtained individually by candidates from each list (nominative votes);
D. 1
The number of additional votes in each list (art. 37);
E. 2
The total number of registered votes and the additional votes obtained by each of the lists (party votes);
F.
For related lists, the total number of votes obtained by the list group;
G.
The number of white votes.

1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 40 First allocation of terms between lists 1

1 The number of valid party votes on all lists is divided by the number of mandates to be assigned more than one. The whole number immediately above the quotient obtained is the figure of distribution. 2

2 Each list is assigned as many mandates as its total number of votes contains this figure. 3

3 ... 4


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
3 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
4 Repealed by c. I of the LF of 18 March 1994, with effect from 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 1 Next Partitions

1 The remaining mandates shall be assigned one by one in accordance with the following procedure:

A.
Divide the number of party votes obtained by each of the lists by the number of mandates it has already obtained more than one;
B.
The first of the remaining terms of reference is assigned to the list with the highest quotient;
C.
If more than one list obtains that highest quotient, the first of the remaining terms of reference falls to the list that has the largest remaining list after the division under s. 40, para. 2;
D.
If more than one list has been obtained, the first one of the remaining mandates returns to the list with the highest number of party votes;
E.
If more than one party had obtained the largest number of party votes, the first of the remaining seats would be the list for which the candidate for a seat had the highest number of votes;
F.
If, at last, several candidates are in this situation, it is the fate that decides.

2 The operation will be repeated until all warrants are issued.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. Distribution of mandates between related lists 1

1 For the distribution of mandates, each group of related lists is considered first as a single list.

2 The terms of reference are then distributed, according to art. 40 and 41, between the lists forming the group. Art. 37, para. 2 and 2 Bis , is checked out. 2


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 43 Determination of Elected Members and Substitutes

1 The candidates who have obtained the highest number of votes are elected, up to the number of the mandates given to each list.

2 Unelected candidates shall be deemed to be substitutes in the order of the votes obtained.

3 In case of equality of votes, fate determines the rank.

Art. 44 Overcount Mandates

If one or more lists are assigned more than one name, a by-election is held in accordance with s. 56 for warrants issued in excess.

Art. 45 1 Election tacit

1 Where the number of candidates in all the lists combined does not exceed the number of mandates to be assigned, all candidates shall be declared elected by the cantonal government.

2 Where the number of candidates from all the lists combined is less than the number of warrants to be assigned, a supplementary election shall be held in accordance with Art. 56, para. 3, in order to assign vacant mandates.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. Election without a list repository

1 When no voters list has been filed, voters can vote for any eligible person. The persons with the highest number of votes are elected.

2 When an election ballot contains more names than warrants to be assigned, the last names are marked out. 1

3 For the rest, the provisions concerning the districts which have only one Member to be elected shall apply mutatis mutandis.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Chapter 3 Election according to the majority system

Art. How to proceed

1 In the electoral districts that have only one member to elect, voters can vote for any eligible citizen. The one who obtained the highest number of votes is elected. In the case of equality of votes, it is the fate that decides.

1bis The canton may publish, in electronic form and in the official cantonal paper, all applications received by the cantonal electoral authority 48 days at the latest by the day of the election. It shall indicate at least, for each candidate:

A.
The official first name and surname;
B.
The common name;
C.
Gender;
D.
Address, including postal code;
E.
The place of origin, including the township to which they belong;
F.
The party or political grouping of which the candidate is a member;
G.
Profession. 1

2 The cantonal law may provide for a tacit election if the competent cantonal authority has received only one candidature valid at 48 E Day (7 E Monday) before the election, at noon. 2


1 Introduced by ch. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
2 Introduced by ch. I of the PMQ March 18, 1994 (RO 1994 2414; FF 1993 III 405). New content according to the c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 (RO) 2007 4635; FF 2006 5001 ).

Art. 48 1 Electoral Bulletin

The cantons shall submit an electoral bulletin to the voters, no sooner than four weeks, but no later than three weeks before the day fixed for the election.


1 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Art. Zero Bulletins

1 Election bulletins are void:

A.
They bear the names of more than one person;
B.
If they are not official;
C.
They are filled otherwise than by hand;
D.
They contain remarks that are prejudicial to the honour or are marked with signs;
E. 1
...

2 The grounds for invalidity and annulment arising from the cantonal proceedings (election envelope, stamp of control, etc.) are reserved. 2

3 The canton which is experimenting with electronic voting lays down in its right the conditions of validity and the reasons for the invalidity of the vote. 3


1 Repealed by c. II of the PMQ of 22 March 1991, with effect from 1 Er Jul. 1992 (RO 1991 2388; FF 1990 III 429).
2 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
3 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 50 1 Canton providing for the possibility of the tacit election

1 If the cantonal law provides for the possibility of the tacit election, the canton shall mention on the printed ballot the names of all the candidates proposed within the prescribed period.

2 The voter will check the box beside the name of the candidate of his or her choice.

3 Are null:

A.
Votes given to persons whose names are not on the printed ballot;
B.
Election ballots where more than one name is marked.

1 Repealed by c. I of the PMQ March 18, 1994 (RO 1994 2414; FF 1993 III 405). New content according to the c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 (RO) 2007 4635; FF 2006 5001 ).

Art. 1 Alternative Elections

Art. 47 to 49 are applicable to replacement elections.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Chapter 4 Publication of results and verification of credentials

Art. Notice of election; publication of election results

1 After the results are established, the cantonal government gives notice of their election to the elected candidates without delay and in writing, and communicates their names to the Federal Council. 1

2 The canton shall publish in the official sheet and within eight days after election day the results obtained by each candidate and, where appropriate, by each of the lists; it shall mention the means of appeal. 2

3 The results of the elections for full renewal, supplementary elections and replacement elections are published in the Federal Worksheet. They are also published in their entirety in the electronic version of the Federal Worksheet. 3 4

4 At the end of the appeal period (Art. 77, para. 2), the canton shall immediately forward its minutes to the Federal Chancellery. It shall transfer the election ballots to the place indicated by the Federal Chancellery within 10 days after the expiry of the appeal period. 5


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
3 Phrase introduced by art. 21 hp. 1 of the L of 18 June 2004 on official publications, in force since 1 Er Jan 2005 ( RO 2004 4929 ; FF 2003 7047 ).
4 Introduced by Art. 17 hp. 1 L of March 21, 1986, on official publications, effective May 15, 1987 (RO 1987 600; FF 1983 III 441).
5 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. Verification of credentials 1

1 The inaugural meeting of the newly elected National Council shall be held on the seventh Monday following election day. At this meeting, the first object to be dealt with is the validation of elections. The Board shall be constituted as soon as the election of at least the majority of the members has been validated. The National Council regulates the procedure in its Rules of Procedure. 2

2 Any Member who justifies his or her quality by means of a certificate of his or her election, which is issued by the cantonal government, may take part in this deliberation and issue his or her vote, except in respect of his own election.

3 Upon the appointment of an alternate or after a by-election or replacement election, a new member of the Board may take part in the proceedings only after the validation of his or her election. 3


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
3 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Chapter 5 Changes in the Legislature

Art. Resigning

The resignation of a member of the National Council shall be communicated in writing to the Chairman of that Council.

Art. Substitution

1 When a member of the National Council leaves the Council before the expiry of his term of office, the cantonal government shall declare elected the first of the alternates of the same list.

2 Where an alternate is unable or unwilling to accept his or her term of office, the following alternate shall take his or her place.

Art. 56 Complementary Election

1 Where a seat cannot be occupied by substitution, three-fifths of the signatories to the list (Art. 24, para. 1) or the direction of the cantonal party (art. 24, para. 3) who filed the list on which the member of the National Council who came out may submit a list of applications. 1

2 The proposed candidate is, after the development of the list of candidates (art. 22 and 29), declared elected without a vote by the cantonal government, in accordance with art. 45. 2

3 If the right of presentation is not used, a ballot shall be held. 3 Where several seats are vacant, the provisions governing the election under the proportional representation system shall apply; otherwise, the election shall be held in accordance with the majority system.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
2 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
3 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 57 1 End of the Legislature

The National Council's legislature ends at the time of the new elected council.


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Heading 4 7 Referendum

Chapter 1 Mandatory Referendum

Art. Publishing

Acts submitted to the mandatory referendum are published after their adoption by the Federal Assembly. The Federal Council ordered the vote.

Chapter 2 Optional Referendum

Section 1 General provisions 8

Art. 1

1 Repealed by c. II 4 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Art. A 1 Scope of delay

The request for a referendum must be submitted to the Federal Chancellery before the expiry of the referendum period, supported by the number of cantons required by the Constitution or with the required number of signatures and certificates of the quality of the elector.


1 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. B 1 Exclusion from withdrawal

A request for a referendum cannot be withdrawn.


1 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. C 1 Popular vote

When the request for a referendum was successful, the Federal Council ordered the organisation of a popular vote.


1 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Section 2 Popular referendum 9

Art. 60 List of signatures

1 The lists (on sheets, pages or maps) by which the authors of a request for a referendum collect signatures must contain the following indications: 1

A.
The canton and the political commune where the signatory has the right to vote;
B. 2
The title of the legislative act and the date of its adoption by the Federal Assembly;
C. 3
The statement that anyone falsifies the result of a collection of signatures for a referendum (Art. 282 of the Swiss Penal Code, CP 4 ) Or is guilty of active or passive bribery in connection with a collection of signatures (art. 281 CP) is punishable.

2 Any committee that has multiple objects signed at a time must open a list of signatures by object. It may include multiple lists on the same page, provided that they can be separated from each other for filing. 5


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
3 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
4 RS 311.0
5 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 60 A 1 Downloading lists to be signed

Anyone who downloads, for a referendum, a list to be signed electronically must ensure that it meets all the formal requirements of the law.


1 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 61 Signature

1 The elector must manually and legibly write his or her name and his or her first names on the list of signatures, and he/she must sign the signature. 1

1bis An elector who is unable to write may have his or her name placed on the list by an elector of his or her choice. The latter assistant signed his signature on behalf of the voter who was unable to write and he was instructed by him. 2

2 The elector must give all other indications to verify his or her identity, such as his date of birth and address. 3

3 He can only sign the same request for a referendum.


1 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
2 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
3 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

S. 62 Certification of Voter Quality

1 The lists of signatures must be sent as soon as possible, but in any case sufficiently soon before the expiry of the referendum period, to the competent service according to the cantonal law to certify the quality of the elector. 1

2 The service certifies that the signatories are federal electors in the designated municipality on each signature list and then return the lists to shippers without delay.

3 The attestation must indicate in all letters or figures the number of signatures attested; it must be dated, bear the signature of the official and indicate its official quality by the affixing of a stamp or by an addition.

4 The certificate concerning the quality of the voter of the signatories may be given collectively for several lists.


1 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

S. 63 Refusal of certification

1 Certification of the quality of an elector is refused when the conditions of s. 61 of this Law shall not be fulfilled.

2 If the elector has signed the application several times, only one of the signatures is certified.

3 The reason for the refusal is indicated on the list of signatures.

Art. 64 Prohibition of access to lists 1

1 ... 2

2 Once deposited, the lists of signatures may not be returned or consulted.


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 Repealed by c. I of the PMQ of 21 June 1996, with effect from 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 1

1 Repealed by c. I of the PMQ of 21 June 1996, with effect from 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 66 Outcome

1 At the end of the referendum period, the Federal Chancellery finds whether or not the request for a referendum has collected the number of valid signatures required by the Constitution. If the number of valid signatures is less than half the number prescribed by the Constitution, it simply mentions in the Federal Worksheet that the referendum period has expired and the request for a referendum has not been completed. If this is not the case, it will determine whether or not the request for a referendum has been successful. 1

2 Are null:

A. 2
Signatures on lists that do not meet the requirements of s. 60;
B. 3
Signatures of persons whose qualified electors have not been certified;
C.
Signatures on lists filed after the deadline for the referendum.

3 The Federal Chancellery publishes in the Federal Worksheet the decision on the outcome by indicating, by canton, the number of valid signatures and null signatures. 4


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
3 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
4 New content according to the c. II 4 of the PMQ of 20 March 2008 on the formal updating of federal law, in force since 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Section 3 Referendum requested by the cantons 10

Art. 67 1 Jurisdiction

Unless the cantonal law provides otherwise, the canton's parliament has the power to request the referendum.


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 67 A 1 Shape

The letter which the cantonal government addresses to the Federal Chancellery must contain the following indications:

A.
The title of the legislative act and the date of its adoption by the Federal Assembly;
B.
The body requesting a popular vote on behalf of the canton;
C.
The provisions of cantonal law governing the referendum powers sought by the canton;
D.
The date and result of the vote which led to the decision to request the referendum.

1 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 67 B 1 Outcome

1 At the end of the referendum period, the Federal Chancellery shall determine whether the request for a referendum is submitted by the number of cantons required. 2

2 The requests for a referendum are void:

A.
Have not been decided and deposited in the Federal Chancellery during the referendum period;
B.
Which have not been decided by a competent body in this field;
C.
Which do not permit the identification with certainty of the federal legislative act on which they relate.

3 The Federal Chancellery shall notify in writing the decision on the outcome or non-completion of the referendum to the governments of all the cantons who have requested it and shall publish it in the Federal Worksheet, indicating the number of Valid applications and the number of invalid applications.


1 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Heading 5 11 People's Initiative

Art. 68 List of signatures

1 The lists (on sheets, pages or maps) by which the authors of a popular initiative collect signatures must contain the following information: 1

A.
The canton and the political commune where the signatory has the right to vote;
B. 2 The title and text of the initiative, as well as the date of publication in the Federal Leaf;
C. 3
A withdrawal clause that meets the requirements of s. 73;
D. 4
The statement that anyone falsifies the result of a collection of signatures for a popular initiative (art. 282 PC 5 ) Or is guilty of active or passive bribery in connection with a collection of signatures (art. 281 CP) is punishable;
E. 6
The name and address of the authors of the initiative, who must have the right to vote and be at least seven, but not more than twenty-seven (own initiative committee).

2 Art. 60, para. 2, also applies to popular initiatives 7


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
3 New content according to the c. I of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), effective from le1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).
4 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
5 RS 311.0
6 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
7 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 69 Screening

1 Before the collection of signatures, the Federal Chancellery makes a decision determining whether the list satisfies the requirements of the law.

2 Where the title of an initiative is misleading, contains elements of commercial or personal advertising or is confusing, it is the responsibility of the Federal Chancellery to amend it.

3 The Federal Chancellery shall examine the agreement of the texts and, where appropriate, carry out the necessary translations.

4 The title and text of the initiative, as well as the names of its authors, are published in the Federal Leaf. 1


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. 69 A 1 Downloading lists to be signed

Anyone who downloads, for the purposes of a popular initiative, a list to be signed electronically must ensure that it meets all the formal requirements of the law.


1 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 1 Additional provisions

The provisions relating to the referendum concerning the signature (Art. 61), the certification of the quality of an elector (s. 62) and the refusal of the certificate (art. 63) are applicable by analogy to the popular initiative.


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. Deposit

1 The lists of signatures in support of a popular initiative shall be deposited at the Federal Chancellery at the latest 18 months after the publication of the text in the Federal Leaf.

2 Once deposited, the lists of signatures may not be returned or consulted.

Art. 72 Outcome

1 At the end of the time limit for the collection of signatures, the Federal Chancellery finds whether or not the popular initiative has collected the number of valid signatures required by the Constitution. If the number of valid signatures is less than half the number prescribed by the Constitution, it simply mentions in the Federal Worksheet that the deadline for collecting signatures has expired and the initiative has not been completed. If this is not the case, it will determine whether or not the initiative has been successful. 1

2 Are null:

A.
Signatures on lists that do not meet the requirements of s. 68;
B.
Signatures of persons whose qualified electors have not been certified;
C.
Signatures on lists filed after the deadline for the collection of signatures. 2

3 The Federal Chancellery publishes in the Federal Worksheet The decision on the outcome of the initiative by indicating, by canton, the number of valid signatures and null signatures.


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

Art. 1 Withdrawing

1 Any popular initiative may be withdrawn by the own-initiative committee. To be valid, the declaration of withdrawal must be signed by an absolute majority of the members of the own-initiative committee who still have the right to vote.

2 A popular initiative can be withdrawn until the day when the Federal Council fixes the date of popular vote. In the past, the Federal Chancellery invites the initiative committee to inform it of its decision, setting out a short period of reflection.

3 No initiative in the form of a proposal conceived in general terms can be withdrawn after it has been approved by the Federal Assembly.


1 New content according to the c. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).

Art. A 1 Unconditional withdrawal and conditional withdrawal

1 The withdrawal of a popular initiative is in principle unconditional.

2 However, if the Federal Assembly objects to the initiative an indirect counter-project developed in the form of a federal law that it adopts no later than the date of the final vote on the initiative, the initiative committee may include the withdrawal of its Initiative on the express condition that the counter-project is not rejected in popular vote.

3 Conditional withdrawal takes effect:

A.
If the counterproject did not result in a referendum, as soon as the referendum period has expired;
B.
If the referendum against the counterproject did not succeed, as soon as its non-completion was validly established;
C.
If a request for a referendum has been successful and the people have accepted the counterproject, as soon as the Federal Council has validated the outcome of the vote according to Art. 15, para. 1.

1 Introduced by ch. I of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), in force since 1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).

S. 74 1

1 Repealed by c. I of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), with effect from 1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).

Art. 75 Review of validity 1

1 When a popular initiative does not respect the principle of unity of matter (art. 139, para. 3, and art. 194, para. 2, Cst.), that of the unity of form (art. 139, para. 3, and art. 194, para. 3, Cst.) or the mandatory rules of international law (art. 139, para. 3, 193, para. 4, and 194, para. 2, Cst.), the Federal Assembly declares it null and void, in whole or in part, to the extent necessary. 2

2 The unit of matter is respected when there is an intrinsic relationship between the different parts of an initiative.

3 The unity of the form shall be respected when the initiative is submitted exclusively in the form of a proposal conceived in general terms or exclusively under the proposal of a draft of all documents.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
2 New content according to the c. I of the 8 Oct PMQ. 1999, in force since 1 Er March 2000 ( RO 2000 411 ; FF 1999 7145 ).

Art. 75 A 1 Popular vote

1 In order to submit an initiative to the popular vote, the Federal Council has a period of ten months from the final vote of the Federal Assembly, but no more than ten months after the expiry of the statutory deadlines reserved for Parliament to consider The popular initiative.

2 If the Committee withdraws its initiative on a conditional basis in favour of the indirect counterdraft and the latter is rejected in popular vote, the Federal Council shall submit the popular initiative to the vote of the people and the cantons within a period of ten months to From the date of validation of the outcome of the vote on the counterproject according to Art. 15, para. 1.

3 When an initiative conceived in general terms is accepted, the constitutional amendment relating thereto, drafted in all documents, shall be submitted to the vote of the people and the cantons within ten months of the final vote of the Federal Assembly.

3bis The time limits set out in paras. 1 to 3 are extended by six months, when the time at which they begin to run is between ten and three months before the next full renewal of the National Council. 2

4 The treatment of a popular initiative by the Federal Council and the Federal Assembly, as well as the time limits, are governed by the Act of 13 December 2002 on Parliament 3 .


1 Introduced by ch. I of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), in force since 1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).
2 Introduced by ch. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er March 2015 ( RO 2015 543 ; FF 2013 8255 ).
3 RS 171.10

Art. 76 1 Direct Counter-Project 2

1 When the Federal Assembly develops a counter-project, three questions will be put to the voters on the same ballot paper. Each elector may declare without reservation:

A.
Prefers the popular initiative to the current regime;
B.
Prefer the counterdraft to the current regime;
C.
Which both texts should enter into force in the event that the people and the cantons would prefer the two texts to the current regime.

2 The absolute majority is determined separately for each question. Unanswered questions are not taken into consideration.

3 When both the popular initiative and the counterproject are accepted, it is the result of the answers to the third question that takes the decision. Enters the text which, in this matter, collects the most votes from voters and the most votes from the cantons.


1 New content according to the c. I of the 8 Oct PMQ. 1999, in force since 1 Er March 2000 ( RO 2000 411 ; FF 1999 7145 ).
2 Introduced by ch. I of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), in force since 1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).

Heading 5 A 12 Registry of political parties

Art. 76 A

1 A political party may be officially registered by the Federal Chancellery on condition that:

A.
It revs the legal form of an association within the meaning of s. 60 to 79 of the Civil Code 1 ;
B.
That it has at least one member of the National Council under the same name or that it is represented in at least three cantonal parliaments by at least three members of parliament.

2 Any political party wishing to be registered in the party register shall communicate to the Federal Chancellery the following documents and data:

A.
A copy of its articles and any subsequent changes;
B.
Its official name and address of its registered office;
C.
The name and address of the President and the Secretary of the National Party.

3 The Federal Chancellery maintains the register of data provided by political parties. This register is public. The Federal Assembly sets the terms and conditions in an order.


1 RS 210

Title 6 Remedies

Art. 77 Recourse

1 The use of the cantonal government is admissible against:

A. 1
The violation of the provisions on the right to vote under s. 2 to 4, art. 5, para. 3 and 6, and art. 62 and 63 (the right to vote);
B. 2
Irregularities affecting the votes (use of votes);
C.
Irregularities affecting the preparation and execution of elections to the National Council (elections).

2 The appeal must be filed by registered letter within three days of the discovery of the ground of appeal, but no later than the third day after the publication of the results in the official sheet of the canton. 3


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
3 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).

S. 78 Case Brief

1 The case arguments must be reasoned by a brief statement of the facts.

2 ... 1


1 Repealed by c. I of the LF of 18 March 1994, with effect from 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. Decisions on appeals and measures

1 The cantonal government shall decide the appeal within ten days of its filing.

2 Where it finds irregularities following an appeal or ex officio, it shall, as far as possible before the close of the election or vote, take measures to remedy the deficiencies noted.

2bis The cantonal government rejects the application without further examination of the case if it finds that the irregularities relied on are neither of a nature nor of any importance, as they may have decisively influenced the main result of the Voting or election. 1

3 The cantonal government shall notify its decision on appeal and the other measures taken in accordance with Art. 34-38 and 61, para. 2, of the Federal Act of 20 December 1968 on the administrative procedure 2 And also communicates them to the Federal Chancellery. 3


1 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 RS 172.021
3 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 80 1 Appeal to the Federal Court

1 Decisions on the appeal of cantonal governments (art. 77) may be appealed to the Federal Court in accordance with the Act of 17 June 2005 on the Federal Court 2 .

2 Decisions of the Federal Chancellery relating to the non-registration of a party in the party register or to the non-completion of a popular initiative or referendum may be appealed to the Federal Court. It is not, however, admissible against the mere mention in the Federal Worksheet that the popular initiative or the request for a referendum has manifestly failed to achieve the number of signatures referred to in s. 66, para. 1, and 72, para. 1. 3

3 The members of the initiative committee may also appeal to the Federal Court against the decisions of the Federal Chancellery relating to the formal validity of the list of signatures (Art. 69, para. 1) or under the initiative (Art. 69, para. 2).


1 New content according to the c. 2 of the Annex to the L of 17 June 2005 on the TF, in force since 1 Er Jan 2007 ( RO 2006 1205 ; FF 2001 4000 ).
2 RS 173.110
3 New content according to the c. I 1 of the PMQ of 23 March 2007 on the revision of the legislation on political rights, in force since 1 Er Jan 2008 ( RO 2007 4635 ; FF 2006 5001 ).

Art. And 82 1

1 Repealed by c. 2 of the Annex to the L of 17 June 2005 on TF, with effect from 1 Er Jan 2007 ( RO 2006 1205 ; FF 2001 4000 ).

Title 7 Common provisions

Art. 83 Cantonal law

The cantonal law shall apply to the extent that this Law and the performance requirements of the Confederation do not contain any other provisions. Federal Judicial Organization Act of 16 December 1943 1 Is reserved.


1 [RS 3 521; 1948 473 art. 86, 1955 893 art. 118, 1959 931, 1969 757 art. 80 let. B 787, 1977 237 ch. II 3 862 art. 52 hp. 2 1323 hp. III, 1978 688 art. 88 Ch. 3 1450, 1979 42, 1980 31 ch. IV 1718 art. 52 hp. 2 1819 art. 12 al. 1, 1982 1676 Annex c. 13, 1983 1886 art. 36 hp. 1, 1986 926 art. 59 ch. 1, 1987 226 Ch. II 1 1665 c. II, 1988 1776 Annex c. II 1, 1989 504 art. 33 let. A, 1990 938 hp. III al. 5, 1992 288, 1993 274 s. 75 hp. 1 1945 Annex c. 1, 1995 1227 Annex, c. 3 4093 Annex c. 4, 1996 508 art. 36 750 art. 17 1445 annex, c. 2 1498 Annex c. 2, 1997 1155 Annex c. 6 2465 app. Ch. 5, 1998 2847 Annex, c. 3 3033 Annex c. 2, 1999 1118 Annex c. 1 3071 ch. I 2, 2000 273 Annex, c. 6 416 hp. I 2,505 c. I 1 2355 Annex c. 1,2719, 2001 114 ch. I 4,894 art. 40 ch. 3 1029 art. 11 para. 2, 2002 863 art. 35 1904 art. 36 hp. 1 2767 c. II 3988 annex, c. 1, 2003 2133 Annex c. 7 3543 Annex c. II 4 let. A 4557 Annex c. II 1, 2004 1985 Annex c. II 1 4719 annex, c. II 1, 2005 5685 Annex, c. 7. RO 2006 1205 art. 131 al. 1]. See currently L of 17 June 2005 on TF (RS 173.110 ).

Art. 84 Use of new techniques

1 The Federal Council may authorize the cantonal governments to enact provisions derogating from this Act if they intend to use new technical means to establish the results of the elections. 1

2 The use of technical means in electoral events is subject to approval by the Federal Council. 2


1 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
2 Introduced by ch. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).

Art. 85 1

1 Repealed by c. 2 of the Annex to the L of 17 June 2005 on TF, with effect from 1 Er Jan 2007 ( RO 2006 1205 ; FF 2001 4000 ).

Art. 86 1 Free administrative acts

1 No fee may be levied for administrative acts performed under this Act. In the case of dilatory remedies or contrary to good faith, the costs may be borne by the appellant.

2 For the proceedings before the Federal Court, the costs are governed by the Act of 17 June 2005 on the Federal Court 2 .


1 New content according to the c. 2 of the Annex to the L of 17 June 2005 on the TF, in force since 1 Er Jan 2007 ( RO 2006 1205 ; FF 2001 4000 ).
2 RS 173.110

Art. Statistical Summaries

1 The Confederation maintains statistics on federal elections and votes; these statistics, broken down by commune, by district and by township, bear:

A.
For the elections: on the number of votes obtained per candidate and by list of electors;
B.
For votes: on the number of positive votes collected by the objects put in votation. 1

1bis The Federal Council may order further statistical statements on the elections to the National Council and the popular vote. 2

2 After having heard the competent cantonal government, it may provide that, in specially designated communes, the voting will take place separately, depending on the gender and age classes.

3 The secrecy of the vote must not be threatened.


1 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
2 Introduced by ch. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).

Title 8 Final provisions

Chapter 1 Amendment and Repeal of the Law in Force

Art. Amendment of Federal Laws

... 1


1 The mod. Can be consulted at the OR 1978 688.

Art. 89 Repeal of Federal Statutes

Are repealed:

A.
The Federal Act of 19 July 1872 1 On federal elections and votes;
B.
Federal Act of June 17, 1874 2 Concerning popular votes on federal laws and orders;
C.
Federal Act of March 23, 1962 3 Concerning the method of proceeding for the popular initiatives relating to the revision of the Constitution (Law on Popular Initiatives);
D.
Federal Act of 25 June 1965 4 Establishing facilities for federal elections and elections;
E.
Federal Act of March 8, 1963 5 Distributing between the cantons the members of the National Council;
F.
Federal Act of February 14, 1919 6 Concerning the election of the National Council.

1 [RS 1 147; RO 1952 69, 1966 875 art. 9, 1971 1361]
2 [RS 1 162; RO 1962 827 art. 11 para. 3]
3 [RO 1962 827]
4 [RO 1966 875]
5 [RO 1963 415]
6 [RS 1 168; 1975 601]

Chapter 2 Transitional provisions, implementation and entry into force

Art. Transitional provisions

1 This Law shall not apply to the facts and appeals relating to elections and votes which took place before the date of its entry into force. The same applies to referendum requests and popular initiatives filed before that date. The earlier right continues to govern these cases.

2 Eighteen months after the entry into force of this Law, only the lists of signatures in accordance with its provisions shall be allowed.

3 ... 1

4 ... 2


1 Repealed by c. II 4 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
2 Introduced by ch. III of the PMQ of 9 March 1978 (RO 1978 1694; FF 1977 III 850). Repealed by c. II 4 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 (RO 2008 3437; FF 2007 5789 ).

Art. A 1 Transitional provision for the amendment of 25 September 2009

The popular initiatives which are pending the entry into force of the amendment of 25 September 2009 of this Law shall be dealt with in accordance with the new law.


1 Introduced by ch. I of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), in force since 1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).

Art. 91 Executing

1 The Federal Council shall adopt the implementing provisions.

2 In order to be valid, the cantonal implementing provisions must be approved by the Confederation 1 They shall be established within 18 months of the adoption of this Law by the Federal Assembly.


1 Modified by ch. III of the LF of 15 Dec. 1989 on the approval of legislative acts of the cantons by the Confederation, in force since 1 Er Feb 1991 (RO) 1991 362; FF 1988 II 1293).

Art. 92 Referendum and entry into force

1 This Law shall be subject to the optional referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er July 1978 13


RO 1978 688


1 Abbreviation introduced by c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
2 RS 101
3 New content according to the c. I of the PMQ of Sept. 2014 (Election of the National Council), in force since 1 Er Nov 2015 ( RO 2015 543 ; FF 2013 8255 ).
4 FF 1975 I 1337
5 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
6 New content according to the c. I of the LF of 18 March 1994, in force since 15 Nov 1994 (RO 1994 2414; FF 1993 III 405).
7 The amendment of the fourth title (Art. 59 to 67) of 21 June 1996 (RO 1997 753) is applicable only to legislative acts that the Federal Chambers will adopt after March 31, 1997 (s. 2. 1 of the O of 21 Feb 1997-RO 1997 760).
8 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
9 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
10 Introduced by ch. I of the PMQ of 21 June 1996, in force since 1 Er Apr 1997 (RO 1997 753; FF 1993 III 405).
11 The mod. Title 5 (art. 68 to 74) of 21 June 1996 (RO 1997 753) is applicable only to popular initiatives for which the collection of signatures will commence after March 31, 1997 (s. 2. 2 of the O of 26 Feb 1997-RO 1997 760).
12 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3193 ; FF 2001 6051 ).
13 ACF of 24 May 1978


State 1 Er November 2015