Under Article 36(1) of the Federal Constitution, the cantons have the power to grant political rights in cantonal and municipal elections which go beyond the minimum federal threshold (such as lowering the voting age and extending the right to vote to foreign nationals). The cantons also have the option to delegate these powers to the municipalities. Therefore, in theory, foreigners can be elected to the Council of States, as Article 150(3) of the Constitution states: "The Cantons determine the rules for the election of their representatives to the Council of States."
