Six referendums were held in Switzerland during 1938.Nohlen, D & Stöver, P (2010) Elections in Europe: A data handbook, pp1911–1912 The first four were held on 20 February; the first on amending articles 107 and 116 of the constitution to make Romansch an official language, which was approved by over 90% of voters and all cantons. The second was on a popular initiative "on urgent federal resolutions and the protection of people's rights" and was rejected by 85% of voters. The third was on a popular initiative on the private arms industry, and was also rejected by a wide margin, whilst the fourth was on a counter-proposal to the arms industry question, and was approved by voters. The fifth referendum was held on 3 July on the penal code, and was approved. The sixth and final referendum of the year was held on 27 November on a federal resolution on the transient order of the federal budget, and was approved by 72% of voters.
Background The referendums on making Romansch an official language and the federal budget were both "obligatory" referendums, requiring a double majority; a majority of the popular vote and majority of the cantons.Nohlen & Stöver, p1891 The decision of each canton was based on the vote in that canton. Full cantons counted as one vote, whilst half cantons counted as half. The popular initiatives on federal resolutions and the arms industry also required a double majority, as did the counter proposal to the arms industry question. The referendum on the penal code was an "optional referendum", which required only a majority of voters in favour. Most notably, it abolished the death penalty in times of peace and legalized consensual same-sex acts.
Results
February: Romansch as an official language ChoicePopular voteCantonsVotes%FullHalfTotalFor574,99191.619622Against52,8278.4000Blank votes24,692––––Invalid votes8,512––––Total661,02210019622Registered voters/turnout1,216,75654.3–––Source: Nohlen & Stöver
February: popular initiative on federal resolutions ChoicePopular voteCantonsVotes%FullHalfTotalFor87,63815.2000Against488,19584.819622Blank votes63,433––––Invalid votes21,756––––Total661,02210019622Registered voters/turnout1,216,75654.3–––Source: Nohlen & Stöver
February: popular initiative on the private arms industry ChoicePopular voteCantonsVotes%FullHalfTotalFor65,93811.5000Against419,01373.219622No answer87,63015.3–––Blank votes52,896––––Invalid votes35,542––––Total661,02210019622Registered voters/turnout1,216,75654.3–––Source: Direct Democracy
February: Counter-proposal on the private arms industry ChoicePopular voteCantonsVotes%FullHalfTotalFor394,05268.819622Against149,02526.0000No answer29,50415.3–––Blank votes52,896––––Invalid votes35,542––––Total661,02210019622Registered voters/turnout1,216,75654.3–––Source: Direct Democracy
July: Penal code ChoiceVotes%For358,43853.5Against312,03046.5Blank votes23,455–Invalid votes2,016–Total695,939100Registered voters/turnout1,219,75557.1Source: Nohlen & Stöver
November: Federal budget ChoicePopular voteCantonsVotes%FullHalfTotalFor509,38772.318621Against195,53827.7101Blank votes30,951––––Invalid votes2,431––––Total738,30710019622Registered voters/turnout1,223,33660.4–––Source: Nohlen & Stöver
References