Initiative and Referendum

Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a total revision of the Federal Constitution.

This proposal must be submitted to a vote of the People.

Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative request a partial revision of the Federal Constitution.

A popular initiative for the partial revision of the Federal Constitution may take the form of a general proposal or of a specific draft of the provisions proposed.

If the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the Federal Assembly shall declare it to be invalid in whole or in part.

If the Federal Assembly is in agreement with an initiative in the form of a general proposal, it shall draft the partial revision on the basis of the initiative and submit it to the vote of the People and the Cantons. If the Federal Assembly rejects the initiative, it shall submit it to a vote of the People; the People shall decide whether the initiative should be adopted. If they vote in favour, the Federal Assembly shall draft the corresponding bill.

An initiative in the form of a specific draft shall be submitted to the vote of the People and the Cantons. The Federal Assembly shall recommend whether the initiative should be adopted or rejected. It may submit a counter-proposal to the initiative.

The People vote on the initiative and the counter-proposal at the same time.

The People may vote in favour of both proposals. In response to the third question, they may indicate the proposal that they prefer if both are accepted.

If in response to the third question one proposal to amend the Constitution receives more votes from the People and the other more votes from the Cantons, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the People and the percentage of votes of the Cantons in the third question are added together.

in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003;

). Para. 1 in its version in the FedD of 4 Oct. 2002 never came into force.

The following must be put to the vote of the People and the Cantons:

a. amendments to the Federal Constitution;

b. accession to organisations for collective security or to supranational communities;

c. emergency federal acts that are not based on a provision of the Constitution and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the Federal Assembly.

The following are submitted to a vote of the People:

a. popular initiatives for a total revision of the Federal Constitution;

a .

b. popular initiatives for a partial revision of the Federal Constitution in the form of a general proposal that have been rejected by the Federal Assembly;

c. the question of whether a total revision of the Federal Constitution should be carried out, in the event that there is disagreement between the two Councils.

). Repealed in the Popular Vote on 27 Sept. 2009, with effect from 27 Sept. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009;

). This let. in its version of FedD of 4 Oct. 2002 never came into force.

If within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any eight Cantons request it, the following shall be submitted to a vote of the People:

a. federal acts;

b. emergency federal acts whose term of validity exceeds one year;

c. federal decrees, provided the Constitution or an act so requires;

d. international treaties that:

1.

are of unlimited duration and may not be terminated,

2.

provide for accession to an international organisation,

3.

contain important legislative provisions or whose implementation requires the enactment of federal legislation.

If the decision on ratification of an international treaty is subject to a mandatory referendum, the Federal Assembly may incorporate in the decision on ratification the amendments to the Constitution that provide for the implementation of the treaty.

If the decision on ratification of an international treaty is subject to an optional referendum, the Federal Assembly may incorporate in the decision on ratification the amendments to the law that provide for the implementation of the treaty.

Proposals that are submitted to the vote of the People are accepted if a majority of those who vote approve them.

Proposals that are submitted to the vote of the People and Cantons are accepted if a majority of those who vote and a majority of the Cantons approve them.

The result of a popular vote in a Canton determines the vote of the Canton.

The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden each have half a cantonal vote.