Who drafts the referendum question?

FEDERAL CONSTITUTION OF THE SWISS CONFEDERATION

(Adopted 1999; last amended 2013)

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Title 4: The People and the Cantons

Chapter 2: Initiative and Referendum

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

(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.

FEDERAL ACT ON PARLIAMENT

(Adopted 2002; last amended 2011)

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Title 5. Procedure in the Federal Assembly

Chapter 3. Procedure for Popular Initiatives

Section 2: Popular Initiative for the Partial Revision of the Federal Constitution

a. General Provisions

Art. 98 Validity of popular initiatives

(1) The Federal Assembly shall declare a popular initiative wholly or partly invalid if it holds that the requirements of Article 139 paragraph 3 of the Federal Constitutionhave not been fulfilled.

Art. 99 Prohibition of the amendment of popular initiatives

Popular initiatives, or all the valid parts thereof, must be submitted to the vote of the people as they stand.

FEDERAL ACT ON POLITICAL RIGHTS

(Adopted 1976; last amended 2009)

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Title 4. The Referendum

Chapter 2. The Optional Referendum

Section 2: The Popular Referendum

Art. 60 Signature lists

(1) The signature list (on forms, sheets of paper or cards) used by those requesting a referendum for the purpose of collecting signatures must contain the following information:

a.       the canton and the political commune in which the signatory is eligible to vote;

b.      the title of the enactment with the date of its adoption by the Federal Assembly;

c.       reference to the fact that anyone who falsifies the result of a signature list for a referendum (Art. 282 of the Swiss Criminal Code, SCC) or who offers or accepts bribes in connection with a signature list (Art. 281 SCC) commits an offence.

Title 5. The Popular Initiative

Art. 75 Examination of validity

(1) If the text of a popular initiative fails to comply with the principles of cohesion of subject matter (Art. 139 para. 3 and Art. 194 para. 2 Federal Constitution) or consistency of form (Art. 139 para. 3 and Art. 194 para. 3 Federal Constitution), or if the popular initiative violates mandatory provisions of international law (Art. 139 para. 3, Art. 193 para. 4 and Art. 194 para. 2 Federal Constitution), the Federal Assembly shall declare the initiative to be invalid as a whole or in part, to the extent that this is required.

(2) There is cohesion of subject matter in a popular initiative when there is an intrinsic connection between the individual parts of the initiative.

(3)  There is consistency of form in a popular initiative when the initiative is couched exclusively in the form of a general proposal or of a specific draft provision.

OFFICIAL GOVERNMENT WEBSITE 

“How to launch an initiative

1. You first need to form an initiative committee, composed of between seven and twenty-seven persons who are entitled to vote.
2. The committee draws up the text of the initiative (which can be a proposal formulated in general terms or the final draft of a specific project) in German, French and Italian, along with a title. On request the Federal Chancellery will provide the committee with sample signature lists.
3. The text is submitted to the Federal Chancellery, where it is translated into the two (possibly three) other official languages. Having approved the translations, the committee provides the Federal Chancellery with a model signature list and with a written declaration in which the members attest to being on the initiative committee.
4. The Federal Chancellery checks that the text and title of the initiative conform with legal requirements and makes a decision on the basis of this preliminary consideration. The decision is published in the Federal Gazette, from which date the committee has 18months to collect at least 100,000 signatures…”

(https://www.ch.ch/en/popular-initiatives/)

“How can I launch an optional referendum?

1. Create a referendum committee and inform the Federal Chancellery if you so wish, indicating just one contact person. There is no need to mention the number and identity of the persons or organisations concerned. Several referendum committees can be formed to deal with the same law or decree by parliament.
2. Before the contested law or decree is published in the Federal Gazette, the referendum committee prepares the signature lists. Upon request the Federal Chancellery will provide the referendum committee with signature lists. These lists are required to contain certain specific information, for example the exact title of the contested law or decree and the date it was adopted by the Federal Assembly…”

(https://www.ch.ch/en/referendum/)

The law does not specify who drafts the question for mandatory referenda that are not initiated by a popular initiative. The law also does not specify who drafts the question for mandatory referenda on a complete revision of the constitution.

In case of an optional referendum against a specific act adopted by the legislature, the referendum can only be either approved or rejected. There is no referendum question beyond “do you approve of the referendum on (name of law) - yes or no?” The signature collection sheet must specify the title of the law that is the object of the proposed referendum (Art. 60, Federal Act on Political Rights).