Requirements for a referendum to pass

FEDERAL CONSTITUTION OF THE SWISSCONFEDERATION

(Adopted1999; last amended 2013)

http://www.admin.ch/ch/e/rs/c101.html

Title 4: The People and the Cantons

Chapter 2: Initiative and Referendum

Art. 140 Mandatory referendum

(1) The following must be put to the vote of the People andthe 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. 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;

3. 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.

Art. 141 Optional referendum

(1) If within 100 days of the officialpublication of the enactment any 50,000 persons eligible to vote or any eightCantons 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 requiresthe enactment of federal legislation.

Art. 142 Required majorities

(1) Proposals that are submitted to the vote of the Peopleare accepted if a majority of those who vote approve them.

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

(3) The result of a popular vote in a Cantondetermines the vote of the Canton.

(4) The Cantons of Obwalden, Nidwalden, Basel-Stadt,Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden each have half a cantonalvote.

FEDERAL ACT ONPARLIAMENT

(Adopted 2002; last amended 2011)

http://www.admin.ch/ch/e/rs/c171_10.html

Title 5: Procedure in the Federal Assembly

Chapter 3: Procedure for Popular Initiatives

Section 2: Popular Initiative for the Partial Revisionof the Federal Constitution

b. Popular Initiative in the Form of a Draft Proposal

Art. 100 Voting recommendation

TheFederal Assembly shall decide within 30 months of the submission of a popularinitiative in the form of a draft proposal whether it recommends that thepeople and the Cantons accept or reject the initiative.

Art. 102 Decisions on voting recommendations and counter-proposals

(1)Where the Federal Assembly submits a counter proposal in addition to thepopular initiative to the vote of the people and the Cantons, it may:

a.recommend that the popular initiative be rejected and the counter-proposalaccepted; or

b.recommend that both bills be accepted.

(2) Ifthe Assembly recommends the acceptance of both bills, it shall recommend thatvoters accept the counter-proposal in the third question.

Georg Lutz, “Switzerland: Citizens’ Initiatives as a Measure to Control the Political Agenda,” in Maija Set?l? and Theo Schiller, eds.: Citizens’ Initiatives in Europe: Procedures and Consequences of Agenda-Setting by Citizens. Basingstoke: Palgrave Macmillan, 2012.
 

“An initiative is not put to a vote immediately. After an initiative has been handed in, the government writes a report on behalf of the parliament in which the government expresses its view on the proposal. The parliament will then in turn debate the initiative and take a position. Neither the parliament nor the government has the power to prohibit the initiative from being put to a vote; however, the parliament and the government express a recommendation to the voters.” (p. 23-24)

Mandatoryreferendums on issues specified in Art. 140(1) of the constitution pass only “if a majority of those whovote and a majority of the Cantons approve them.” 

Mandatory referendums onissues specified in Art. 140(2) of the constitution pass if a simple majorityof voters approves the proposal.

All optional referendums passif a simple majority of voters approves the proposal.

The Federal Assembly is obligatedto make a formal recommendation to the electorate on whether “the people andthe Cantons accept or reject” a popular initiative for the partial revision ofthe Federal Constitution (Art. 100& 102, Federal Act on Parliament).