Ordinance on the Political Rights Act (VGPR) - Political Residence, Exceptions, Change (VGPR)

1. A political residence within the meaning of § 4 of the Act on Political Rights, which does not correspond to the civil residence, may in particular be held by

a) * Persons under comprehensive guardianship;

b) Temporarily residing persons, notably students;

c) * Spouses or persons in a registered partnership, who, with their partner's consent, upon judicial order, or pursuant to immediate statutory authority, reside outside the shared household with the intention of permanent retention.

2. Nomadic individuals exercise their voting rights in their home municipality.

3. Anyone who changes political residence during the last 4 weeks before a ballot is held shall receive the voting materials at the new residence for this ballot only upon proof that the voting right has not already been exercised at the previous political residence.

1. References to persons in this regulation apply to both genders.

1. The Department of Economic Affairs and Home Affairs is the competent department pursuant to the Law on Political Rights.

2. The State Chancellery is the competent authority pursuant to § 20 paragraph 3 of the LPR.

1. The municipal councils shall designate a person responsible for maintaining the electoral register, issuing voting eligibility certificates, and handling the voting rights certifications.

1. The electoral register is based on the population control register. It must be maintained in the form of cards or through electronic data processing (EDP).

2. The management of the register using EDP must be designed in such a way that the collected data is secure and can be printed at any time.

1. The electoral register forms the exclusive basis for voting. The right to vote can only be exercised by persons registered in the electoral register.

2. To be entered in the register are all persons residing and registered in the municipality who are eligible to vote in federal, cantonal, and matters of the resident and local citizen municipalities.

1. The following information must be entered in the register for each eligible voter

a) Surname, surname before the first or last marriage, first name (preferred name);

b) Date of birth;

c) Residential address.

1. The registrar of the new place of residence inquires with the competent authority of the former place of residence if there are any ambiguities or doubts concerning the voting rights of a new resident.

1. Upon the completion of the voter register prior to elections, votes, and municipal assemblies, the registrar must record the date and the number of eligible voters in a protocol.

2. After completion, changes may only be made in cases of loss of voting rights or pursuant to an order from the competent appeals authority.

1. Eligible voters who have actually moved their residence out of the municipality must be removed from the register, even if they have not deregistered.

1. The electoral register is open for inspection by eligible voters. This inspection may be denied or restricted if the electoral register is required for the undisturbed preparation and conduct of an election or vote.

1. Political parties and groups may be provided with excerpts from the electoral register upon request, while individual eligible voters may only receive such excerpts if they demonstrate a legitimate interest.

2. The municipal council shall regulate the procedure, ensuring equal legal treatment, and decide on a case-by-case basis regarding the release of such excerpts. A fee may be charged for the preparation of the excerpts.

1. Orders concerning registrations, deletions, and inspections must be justified and communicated in writing by the registrar to the affected parties upon their request. These can be contested by appealing with a voting rights complaint.

1. Members of the electoral office must not be related or related by marriage to each other to an exclusive degree.

2. Members who are involved as candidates in an election must not participate in determining the outcome of that election.

1. During the opening hours, at least two members of the election office must be present at each polling station.

1. The election office ensures that the polling hours are adhered to and that voting can take place without disruption, with the preservation of voting secrecy, and without influence on the eligible voters.

2. It is specifically responsible for

a) receiving and checking voting certificates;

b) supervising the deposit of ballots and voting slips;

c) affixing the official stamp imprint on ballots in the prescribed cases;

d) counting the ballots and voting slips and deciding on their validity;

e) preparing an election or voting protocol.

1. The State Chancellery maintains the electoral register for Swiss citizens abroad.

2. It appoints the registrar of the electoral register as well as a deputy for register management.

1. An election office is established for the counting of votes of Swiss citizens abroad.

2. The Government Council appoints the head and the deputy head of the election office.

3. The registrar of voters assumes the role of secretary.

4. The State Chancellery appoints the remaining three members of the election office. It may, if necessary, expand this office by engaging auxiliary personnel.

1. Swiss citizens living abroad cast their vote by correspondence or by depositing it in the designated mailbox specified by the State Chancellery.

2. Votes submitted by mail must arrive at the State Chancellery by no later than 10 a.m. on the main election or referendum day.

1. The voting of Swiss citizens abroad may be conducted electronically in accordance with federal law.

2. Electronic voting is invalid if it

a) is not sent in the prescribed form and encryption,

b) does not arrive in the electronic ballot box by the deadline set by the State Chancellery,

c) is conducted fraudulently.

1. Otherwise, the provisions of the legislation on political rights shall apply mutatis mutandis.

1. In every municipality, at least one polling station must be designated.

2. The type and arrangement of the stations must be such that the proper casting of votes is ensured.

1. During the voting period, it must be ensured that eligible voters have free access to the polling stations.

2. The collection of signatures for initiatives and referendums is permitted in the broader area of the entrances to the polling stations, provided that the voters remain unimpeded and unharassed. The municipal council shall arrange the details as necessary.

1. In each polling station, at least one ballot box must be set up.

2. The ballot boxes must be lockable and capable of being sealed or secured with a seal.

1. The opening time of the polls must be at least half an hour on the main election or main voting day.

2. The polls must close by 11 a.m. on the main election or main voting day.

1. The Voting Rights Certificate shall include

a) all information necessary for the identification of the eligible voter;

b) the date of the election or vote;

c) a signature section for postal or proxy voting.

2. Municipalities are free in the design of the Voting Rights Certificate.

3. In the event of a ballot box setup according to § 12 paragraph 2 of the Law on Political Rights, separate Voting Rights Certificates are to be used for municipal assemblies and ballot box voting.

4. If an eligible voter credibly demonstrates the loss of their Voting Rights Certificate, a duplicate marked accordingly may be issued to them.

1. The voting and ballot papers must indicate the voting or electoral district, specify the subject of the election or referendum, and bear the date of the main election or referendum day. Furthermore, they must be designed to ensure that the voter's intent can be expressed accurately.

2. In the event of simultaneous voting on multiple proposals or electoral matters, the voting and ballot papers may be of different colors and sizes to allow for distinction.

3. The State Chancellery shall provide the municipalities with the official voting and ballot papers for all non-municipal elections and referendums in a timely manner and free of charge.

1. The initiator committees of popular initiatives or optional referenda, as well as the representatives of government referenda, must submit their arguments in written statements to the State Chancellery for cantonal proposals or to the Municipal Chancellery for communal proposals by the deadline determined by them respectively.

2. The arguments must not exceed the length of a standard A4 page.

3. If the Government Council or the Municipal Council cannot fully or partially adopt the arguments, they shall notify the initiator committee, providing the reasons for their decision.

1. The State Chancellery provides the municipalities with the documents for cantonal elections and referendums in a timely and free manner.

2. ...

1. Simultaneously with the publication of the election date, eligible voters must be informed of the possibility of registering candidates and the deadline for submitting registrations.

1. The nominations of candidates for elections in municipalities and municipal associations must be submitted to the competent municipal office, while for other elections, they must be submitted to the state office.

2. The nomination must include the last name, first name, year of birth, place of origin, and for municipal elections, the street and house number, for other elections, the residence of the nominees. Furthermore, the party or group proposing a candidate must be specified.

3. District court presidents must submit a curriculum vitae, a personal extract from the criminal record, and a copy of the lawyer's license.

1. The names of the registered candidates, along with the additional details according to § 21b para. 2 and, if applicable, the note "incumbent" sorted in descending order by number of years in office, shall be listed on a neutral information sheet. In the case of the same number of years in office and for new candidates, the alphabetical order shall determine the sequence.

2. The information sheet is to be distributed to eligible voters together with the ballot paper. It must contain a note in the first round of voting that not only registered candidates but also all eligible voters can be elected within the framework of legal conditions. In the second round of voting, the note must indicate that only registered eligible voters can be elected.

1. The signatures of the signatories of the electoral proposals must be certified by the electoral register official.

2. The eligible voters of the electoral district may inspect the submitted electoral proposals and the names of the signatories at the submission office.

1. The flyers serving as advertising material must have a maximum paper weight of 80 gm², be no larger than format A3, and must be delivered folded to format A5 to the packaging location.

2. The parties and political groups wishing to participate in the distribution of the flyers in the respective electoral district must report this bindingly with the submission of the election proposals to the competent submission office as per paragraphs 4 and 5.

3. In the respective electoral district, the packaging and dispatch to the municipalities must be carried out under the same conditions for all participants. By registering, the participants commit to bearing the proportionately incurred costs.

4. The central organization of packaging and dispatch for the National Council and Grand Council elections is under the direction of the State Chancellery, which must take the necessary measures. In particular, its responsibilities include

a) setting and announcing the deadlines to be observed for the delivery of the flyers to the packaging location;

b) awarding contracts to private companies for the execution of packaging and dispatch;

c) the cost accounting with the participants.

5. For municipal council elections, the municipal council regulates the preparation and handling of the dispatch of advertising material.

1. Personal and proxy voting between spouses or registered partners shall take place at the polling station during the designated polling hours. Voters must submit their voter identification cards and place the ballots into the ballot box.

2. After the polling hours have ended, only those voters who are present inside or outside the polling station on time are permitted to cast their votes.

3. Members of the election office are prohibited from accepting voter identification cards and ballots outside of the polling station and polling hours.

1. Postal voting can be done by mail or by depositing in a mailbox designated by the municipal council at the municipal administration.

2. Votes cast by mail must arrive at the municipal administration no later than the end of the polling hours set according to § 18 para. 1 on the main election or main voting day.

1. For postal voting, eligible voters receive from the municipality a reply envelope designated for this purpose and a ballot envelope provided by the canton.

2. The delivery envelope for the voting materials can also serve as a reply envelope and additionally act as proof of voting rights and as a business reply mail.

3. The reply envelope must be marked in such a way that it is recognizable as postal voting.

4. The reply envelope or proof of voting rights must contain the necessary instructions on the procedure for postal voting.

1. Voting by Mail

a) Place the ballot papers into the official ballot envelope and seal it;

b) Sign the voting certificate;

c) Insert the sealed ballot envelope and, if applicable, the voting certificate into the return envelope;

d) Ensure the return envelope is delivered to the municipal administration in a timely manner.

1. Postal voting shall be invalid if

a) the official return envelope is not used;

b) the return envelope is not deposited in a ballot box designated by the municipal council or arrives late;

c) the voting authorization certificate is missing or unsigned;

d) the ballots are not contained in the official ballot envelope.

2. The grounds for invalidity in accordance with § 21 of the law on political rights are reserved.

1. The election office opens the validly received return envelopes, places the ballot envelopes in the ballot box, and retains the voting certificates.

2. Invalid postal votes are to be sorted out. They are not included in the calculation of the results.

3. The ballot envelopes may only be opened after the commencement of the regular vote counting, and the ballots may subsequently be, if necessary, marked with the official stamp. If the envelope for the same referendum or election contains multiple ballots, they are considered invalid but are included in the calculation of the results.

1. If the opening of the ballot boxes and the counting of the votes are possible on the previous day, the election office must take all necessary measures to ensure the confidentiality of the results.

2. In the case of an early opening of the ballot boxes pursuant to § 20 para. 4 GPR, any necessary conditions will be established with the approval.

1. For the determination of election and voting results, mechanical or electronic aids may be used, provided that these procedures are reliable and have been approved by the State Chancellery.

1. The protocol must include information on

a) the location, time, and subject of the election or vote;

b) the number of eligible voters;

c) the number of invalid absentee ballots;

d) the number of valid voting certificates submitted;

e) the number of voters (total ballots or election slips submitted);

f) the number of blank ballots or election slips;

g) the number of invalid ballots or election slips;

h) the result of the election or vote.

1. The results of federal and cantonal elections and referenda, as well as district and circle elections, must be reported immediately by the election office to the state chancellery. The state chancellery determines the overall result in each case.

1. In federal and cantonal elections and referendums, the electoral office immediately forwards the protocol to the state chancellery after its completion.

2. The state chancellery provides other administrative offices with the data on the elected persons that is required by them to fulfill their duties.

a) * ...

b) * ...

3. The electoral office provides the Department of Economic Affairs and Internal Affairs with the names of all members of authorities and commissions elected by the people at the municipal level.

1. The ballot papers, voting certificates, as well as the disqualified invalid postal votes are to be sealed by the municipalities and stored in a secure location for at least one month from the main election or main voting day, or until the final legal resolution of any potential appeal proceedings. If necessary, these should be separated according to the individual votes and election rounds. Thereafter, they must be destroyed in an appropriate manner.

2. ...

3. ...

4. ...

1. The declaration of acceptance of election must be submitted to the State Chancellery together with the eligibility certificate.

2. Submission of an eligibility certificate is not required for re-elections or if the elected individual holds another public office.

1. The Application for Resignation During Term of Office According to § 36 Paragraph 1 GPR Shall be Submitted by

a) Judges to the Judicial Administration;

b) District School Board Members to the Department of Education, Culture, and Sports;

c) Members of Authorities Elected by the Public at the Municipal Level to the Department of Economic Affairs and Interior.

1. If an elected individual departs from office during the term, a by-election shall be conducted for the remainder of the current term of office.

1. The voting rights certificate is issued if the signer is registered in the electoral register on the day the signature list is submitted for certification.

2. The certificate must specify the number of certified signatures in words or figures, be dated, bear the handwritten signature of the electoral register officer, and be marked with an official seal. The certification can be carried out collectively for several lists.

3. If the voting rights certificate is refused, it must be justified with one of the following keywords

a) illegible;

b) not identifiable;

c) signed multiple times;

d) by the same hand;

e) not handwritten;

f) not in the electoral register;

g) * missing handwritten signature.

4. On each list or in the comprehensive certificate, the number of valid and invalid signatures must be recorded.

5. If the electoral register officer is unable to certify the signatures in a timely manner, he must indicate this on the list, specifying the receipt date.

1. The State Chancellery shall rectify the deficiencies of the certificate, in particular, if

a) the voting right is not duly certified;

b) the refusal of the certification is not justified;

c) a signatory can be identified within a reasonable timeframe despite lacking information.

1. If the initiative has not been submitted within the statutory collection period, the State Chancellery shall announce this in the official gazette.

1. The resolutions subject to a referendum vote must be published by the municipal council without delay, specifying the deadline for the referendum period.

2. No signature lists may be signed before the start of the period for a referendum petition.

1. The ballot vote must be conducted within six months after the expiration of the referendum period. In justified cases, a request for an extension of time can be submitted to the Department of Economic Affairs and Interior.

1. The municipal council publicly announces the date on which decisions subjected to a ballot vote by the municipal assembly or the residents' council become legally effective.

1. The ballot vote regarding the principle decision on the introduction of the Residents' Council must be conducted no later than six months after the resolution of the municipal assembly or the submission of the written request by the eligible voters.

2. The municipal code must be presented by the municipal council for resolution at the municipal assembly within six months after the ballot vote, and thereafter submitted to the eligible voters at the ballot box within six months.

1. For the calculation of deadlines, the provisions of the legislation on administrative justice shall apply mutatis mutandis; the periods of legal standstill do not apply.

1. The law on political rights does not apply to facts and complaints related to elections and voting before its entry into force. The same applies to referendums and initiatives submitted beforehand.

2. After the expiration of 12 months from the entry into force, only signature lists that comply with the provisions of the law will be accepted for referendums and initiatives.

1. Ordinance on the Initiative and Referendum in Municipal Matters of June 29, 1981, is amended as follows

*Text inserted in the relevant decree.*

1. This Regulation shall be published in the Official Gazette. It shall enter into force on January 1, 1993.