Under the Swiss Federal Constitution, the mode of election to the Council of States is left to the cantons, the provision being that it must be a democratic method. All cantons now provide for the councilors to be chosen by popular election, although historically it was typically the cantons' legislatures that elected representatives to Bern.
Despite this freedom that the Constitution provides, all cantons except Neuchâtel and Jura (which use proportional representation to elect their councilors) elect councilors through an up to two-round system of voting. In the first round of voting, candidates must obtain an absolute majority of the vote in order to be elected. If no candidate receives an absolute majority in the first round of voting then a second round is held in which a simple plurality is sufficient to be elected. The two candidates with the most votes in the second round are elected.[4]
However, eligibility to vote varies according to the applicable cantonal law. Two notable variations are that qualified foreigners may vote in Neuchâtel and Jura,[5] and the minimum voting age is 16 in Glarus.[compared to what age in the other cantons?]
In all the cantons except Appenzell Innerrhoden the councillors are elected concurrently with the members of the National Council. In Appenzell Innerrhoden the representative is elected by the popular assembly (Landsgemeinde) during the April before the national vote.
Working languages
In debates, councilors can choose any of the federal languages, usually the one they are most proficient in: German, French, Italian, or Romansh.[6] German (High German) and French are the most frequently used. While the National Council offers simultaneous interpretation for German and French (since 1960) and Italian (since about 2000), the Council of States offers none. Councilors are expected to understand at least two languages, German and French.[7]
Voting
Issues before the council pass with a majority of the votes cast. The president of the council typically does not vote, unless there is a tie. In three[clarification needed] cases, votes require a majority in both councils in order to pass: emergency legislation, votes on subsidies, guarantees, or any expenditure of more than 20 million CHF on a non-recurring basis, or 2 million CHF on a recurring basis. In any case where a majority of the council is required, the president of the council will vote.[8]
Until 2014, votes in the chamber were conducted with members raising their hands to be counted. After Politnetz, a Swiss political information platform, recorded a 2012 vote regarding an import ban on reptile skins, it found that the official vote count differed from what was shown in the video.[9] In what was called "Stöckligate", Politnetz showed that several votes on the matter all resulted in miscounts.[10] (The name Stöckligate refers to a colloquial name for the Council of States. A Stöckli is a second home built on a farm for the elder farmer after the property has been deeded[clarification needed] to the heirs. The name is applied to the chamber as it is viewed as having older members than the National Council.).[11] As a result of the affair, council member This Jenny introduced a bill to require electronic voting.[9]
Since 1 March 2014, votes in the Council of States have been conducted electronically, with a tally shown on electronic display boards. The rule changes also allowed for disclosure of how members voted. The recorded votes are made public for votes on overall bills, final votes, and votes that require a qualified majority. Names and votes will be published if 10 members request this.[12]
Council members earn a base salary of 26,000 CHF per year plus a 440 CHF per diem for attending sessions of the council or the committees. Members also receive 33,000 CHF per year for staff and material expenses. Members also receive food, travel and hotel allowances and a pension contribution. The Swiss government estimates that a member typically receives 130,000 to 150,000 CHF per year.[13]
Seats by party
Seats by party at the Council of States of Switzerland (2003–2023)
The Council of States reflects the federal nature of Switzerland: seats are distributed by state (canton), not by population. Most cantons send two representatives, but the historic half-cantons (Appenzell Ausserrhoden, Appenzell Innerrhoden, Obwalden, Nidwalden, Basel-Stadt and Basel-Landshaft) each send one.[3] Consequently, the number of people represented by a single seat in the Council of State varies by a factor of 45.8, from 16,000 for the half-canton of Appenzell Innerrhoden to 733,050 for each of the two seats for the canton of Zurich.
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