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Article 40

Election of members of the Federal Council

   (1) The members of the Federal Council and their substitutes to be delegated by the State are elected by the State Parliament for the duration of its legislative period, in accordance with the principle of proportional representation. At least one seat must be allocated to the party having the second largest number of seats in the State Parliament or, should several parties have the same number of seats, the second highest number of votes at the preceding election to the State Parliament. When the claims of several parties are equal, the issue shall be decided by the drawing of lots.
   (2) The members of the Federal Council and their substitutes to be delegated by the State must be eligible for election to the State Parliament, but they need not be members of the State Parliament.