(1) The members of the Federal Council and their substitutes are elected by the Diets for the duration of their respective legislative periods in accordance with the principle of proportional representation but at least one seat must fall to the party having the second largest number of seats in a Diet or, should several parties have the same number of seats, the second highest number of votes at the last election to the Diet. When the claims of several parties are equal, the issue shall be decided by lot.
(2) The members of the Federal Council need not belong to the Diet which delegates them; they must however be eligible for that Diet.
(3) After expiry of the legislative period of a Diet or after its dissolution the members delegated by it to the Federal Council remain in office until such time as the new Diet has held the election to the Federal Council.
(4) The provisions of Arts. 34 and 35 can only be amended - apart from the majority of votes requisite in general to the adoption of a resolution there - if in the Federal Council the majority of the representatives from at least four Laender has approved the amendment.
