Switzerland 1999 Constitution (reviewed 2014)

Title Four. The People and the Cantons

Chapter 1. General Provisions

Article 136. Political rights

1. All Swiss citizens over the age of eighteen, unless they lack legal capacity due to mental illness or mental incapacity, have political rights in federal matters. All citizens have the same political rights and duties.
2. They may participate in elections to the National Council and in federal popular votes, and launch or sign popular initiatives and requests for referendums in federal matters.

Article 137. Political parties

The political parties shall contribute to forming the opinion and will of the People.

Chapter 2. Initiative and Referendum

Article 138. Popular initiative requesting the complete revision of the Federal Constitution

1. Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a complete revision of the Federal Constitution.
2. This proposal must be submitted to a vote of the People.

Article 139. Popular initiative requesting a partial revision of the Federal Constitution in specific terms

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

Article 139a. Repealed in the Popular Vote on 27 Sept. 2009, with effect from 27 Sept. 2009

Article 139b. Procedure applicable to an initiative and counter-proposal

1. The People vote on the initiative and the counter-proposal at the same time.
2. 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.
3. 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.

Article 140. Mandatory referendum

1. The following must be put to the vote of the People and the Cantons:
   1. amendments to the Federal Constitution;
   2. accession to organisations for collective security or to supranational communities;
   3. 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.
2. The following are submitted to a vote of the People:
   1. popular initiatives for a complete revision of the Federal Constitution;
   2. [This let. in its version of Federal Decree of 4 Oct. 2002 never came into force.]
   3. 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;
   4. the question of whether a complete revision of the Federal Constitution should be carried out, in the event that there is disagreement between the two Councils.

Article 141. Optional referendum

1. 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:
   1. federal acts;
   2. emergency federal acts whose term of validity exceeds one year;
   3. federal decrees, provided the Constitution or an act so requires;
   4. 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.
2. [Repealed by the popular vote on 9 Feb. 2003, with effect from 1 Aug. 2003]

Article 141a. Implementation of international treaties

1. 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.
2. 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.

Article 142. Required majorities

1. Proposals that are submitted to the vote of the People are accepted if a majority of those who vote approve them.
2. 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.
3. The result of a popular vote in a Canton determines the vote of the Canton.
4. The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden each have half a cantonal vote.