Ordinance on Political Rights in the Canton of Grisons (VPR) - Management (VPR)
Table of Provisions (43)
Statutory Text (43 Articles)
1. The municipal board appoints a person responsible for maintaining the electoral register and issuing voting certificates.
1. The electoral register shall be maintained using electronic data processing (EDP). The EDP solution must enable electronic data transfer to the cantonal e-voting system.
2. ...
1. The electoral register constitutes the exclusive basis for casting a vote. The right to vote can only be exercised by persons registered in the register.
2. The electoral register includes all eligible voters in federal, cantonal, regional, and municipal matters.
1. Municipalities are obligated to electronically transmit the voter registration data to the canton free of charge upon request, for the establishment of a virtual, temporary cantonal voter register as a prerequisite for electronic voting.
1. The electoral register contains the necessary information for the identification of each person as well as for voting and election rights, in accordance with the Federal Catalogue of Characteristics for Register Harmonization and the standards set by the Association for Defining E-Government Standards (eCH).
2. The electoral register relies, as far as possible, on the data from the residents' register.
1. No one may be registered in the electoral register of multiple municipalities simultaneously. New residents must be entered into the electoral register immediately after police registration, provided the legal requirements are met.
2. The person managing the register shall inquire with the municipality of origin about any relevant facts for assessing the new resident.
1. Persons who have actually abandoned their residence in the municipality are to be removed from the register, even if they have not officially deregistered.
1. The right of inspection may be denied or restricted if the voters' register is needed for the undisturbed preparation and conduct of an election or vote.
1. Orders Regarding Registrations, Deletions, and Inspections must be justified and communicated in writing by the person maintaining the register upon the request of the affected parties. They can be challenged through a voting rights complaint.
1. The Voting Certificate is issued based on the electoral register and includes
a) the information necessary for the unequivocal identification of the eligible voter;
b) the date of the election or vote;
c) a signature section for postal or proxy voting.
2. If an eligible voter credibly demonstrates the non-receipt or loss of their Voting Certificate, a correspondingly marked duplicate shall be issued to them.
1. Voting certificates for electronic voting are produced by the canton and sent to eligible voters by mail. The costs incurred in this process are borne by the municipalities.
2. ...
1. Municipalities, and regions in their respective matters, may stipulate that ballots must be stamped before being issued to the eligible voters, and that any ballots not bearing this stamp shall be considered invalid.
2. Municipalities may stipulate that ballots must be stamped on the reverse side at the time of voting, and that any ballots not displaying this control stamp shall be considered invalid.
1. If a voter credibly claims either non-receipt or loss of the ballots in a timely manner, meaning before the closing of the polls, they shall be provided with replacement ballots.
2. On voting and election days, official ballots must be made available in polling stations in an adequate number.
1. The municipal council sets the time for the opening of the ballot boxes on the days prescribed for voting according to local conditions. It determines the number and location of the ballot boxes set up. The eligible voters must be informed about this in a timely manner through a public announcement.
2. If a cantonal or federal vote coincides with a municipal assembly, the ballot box will be closed at the start of the assembly.
1. The municipal results must be reported to the registry office by telephone no later than 1:30 PM, using the form provided.
1. The regulations on voting facilitation must be published in an appropriate manner by the municipal board before each vote or election.
1. The municipal council determines the number and location of the ballot boxes, which are to be opened during a designated period on the prescribed days or the municipal office where eligible voters can submit their ballots in a sealed envelope.
2. Furthermore, it arranges for the storage of the submitted ballot envelopes, which are to be made available to the election office unopened, and ensures the protection of voting secrecy, the prevention of abuses, and the proper recording of all ballots.
1. Mail voting can be conducted by post or by depositing it in a mailbox designated by the municipal board.
1. Anyone voting or casting a ballot by mail must personally fill out their ballot paper, subject to the cases mentioned in Article 21, place it in the ballot envelope, and seal it. A single ballot envelope is used for multiple votes that take place simultaneously.
2. The sealed ballot envelope, which must not be labeled, is then to be placed, if applicable, together with the voting certificate into the mailing envelope. The voting certificate or the mailing envelope must be signed. Subsequently, the mailing envelope must be sealed and forwarded to the municipality in a timely manner.
1. The office of the municipality examines the received delivery envelopes for the eligibility of their sender to vote, opens them, retains the sealed voting envelopes, and provides them to the electoral office for opening and counting.
2. Invalid postal votes must be marked with an appropriate note and officially retained until the expiration of the deadline for complaints against the voting results. The affected ballot papers are invalid and must be identified as such when determining the results.
1. In postal voting, the same right to maintain the secrecy of the vote exists as with voting at the ballot box.
1. The voting envelope and the delivery envelope, as well as any necessary forms, are provided to the eligible voters by the municipality free of charge.
2. The Office of Civil Affairs supplies the municipalities and regions with voting envelopes, delivery envelopes, and any other necessary documents in the required quantities at no cost. However, the municipalities and regions may implement their own solutions, provided they meet the requirements set out in Article 17.
1. The authorized representative is to fill out the ballot or voting slip according to the instructions of the represented individual. The casting of the vote may then be conducted at the ballot box or by mail.
2. At the ballot box, the vote may be cast by the representative upon presentation of the power of attorney in an envelope.
3. The municipal board shall designate the municipal body responsible for issuing and periodically reviewing the power of attorney.
4. In the case of voting by mail, the delivery envelope must bear, in addition to the sender's name of the voter(s), the name, address, and signature of the representative.
1. The State Chancellery holds overall responsibility for the proper conduct of elections with electronic voting in the Canton and supervises the regions, regional courts, and municipalities.
2. It issues, in particular, the necessary instructions for the implementation of elections with electronic voting to the regions, regional courts, and municipalities.
3. The regions, regional courts, and municipalities carry out the tasks assigned to them for elections with electronic voting.
1. Registrations and deregistrations for electronic voting must be made with the resident municipality (political residence) of the eligible voter.
2. Registrations and deregistrations can be considered up to eight weeks prior to a voting date. Late registrations take effect for the subsequent voting event.
1. Registered voters who are prevented from casting their vote electronically during a polling process can report this to their municipality of residence.
2. If the registered person demonstrates an objective or subjective hindrance, the municipality must conduct a duplicate voting examination.
3. If the examination reveals that the registered person has not yet cast their vote electronically, voting may proceed by mail or at the ballot box.
1. The Chancellery determines the dates on which, in addition to the federal blank ballot dates, voting with electronic ballot submission is possible.
2. It shall publicly announce these dates by no later than March of the preceding year.
1. The regions, regional courts, and municipalities are required to electronically submit their ballots for electronic voting in accordance with the instructions of the State Chancellery.
**1. The electronic ballot box is opened on the fourth-to-last Monday before the voting or election Sunday at 12:00 noon, and it is closed on the Saturday before the voting or election Sunday at 12:00 noon.**
**2. Swiss time, which means Central European Time (CET) considering daylight saving time as per Article 15 of the Federal Law on Metrology and Article 2 of the Daylight Saving Ordinance, is decisive for all time specifications related to electronic voting.**
1. The government elects a voting and referendum commission for electronic voting (WAKE) for a term of four years, consisting of at least five members. It appoints a president from among the members.
2. Individuals responsible for the technical implementation of the ballot with electronic voting may not be members of the commission.
3. The election and composition of the commission must be publicly announced.
4. At least three commission members must participate in any voting process.
1. The Election and Voting Commission E-Voting supervises and verifies all polls with electronic voting. It is particularly involved in the following procedural steps
a) Provision of the ballot box;
b) Decryption of the votes and determination of the results.
2. The specific rights and obligations of the commission are governed by the concept concerning complete verifiability, approved by the Cantonal Chancellery.
1. The members of the Electoral and Voting Commission for E-Voting are obliged to maintain official and voting secrecy.
1. Members of the Election and Voting Commission for E-Voting must recuse themselves if
a) they themselves;
b) their spouse;
c) their registered partner;
d) a person with whom they have a de facto domestic partnership; or
e) any of their relatives or in-laws up to the fourth degree
1. The government regulates the compensation of the members of the Election and Voting Commission E-Voting in the decree of appointment.
1. On the selection list for electronic voting, the validly proposed candidates shall be listed in alphabetical order. For current office holders, the notation "incumbent" shall also be added.
1. The canton may provide individuals, parties, or groups with a computer program free of charge for the electronic recording of election proposals. The legally binding submission of election proposals must be made in paper form.
2. The State Chancellery shall issue the necessary instructions.
1. The canton, regional courts, and municipalities bear the personnel and material costs incurred by them as a result of the election procedures.
1. The submitting authorities verify the eligibility of the candidates listed in the election proposals and the voting rights of the signatories of the election proposals.
1. Candidates or the presiding or managing persons of a party or group may also act as representatives of the election proposal.
2. A person can assume the representation of multiple election proposals.
3. The representation of the election proposals is authorized and obliged to make legally binding declarations on behalf of the signatories to resolve any objections.
1. Nomination proposals must be received by the submission authority no later than the submission deadline, 12:00 noon.
1. If a person has signed more than one nomination, their name will be removed from all affected nominations.
1. Withdrawals of election proposals must be submitted in writing to the submission authority by the withdrawal deadline, no later than 12:00 p.m.
1. This ordinance shall enter into force together with the Act on Political Rights in the Canton of Graubünden of June 17, 2005.
2. As of this date, the ordinance on the maintenance of electoral registers and the voting procedure of December 18, 1978, shall be repealed.