1. État, peuple, Authorities » 16. Political Rights

This ordinance applies to popular elections conducted by ballot in municipal, mixed, and bourgeois communes, as well as in commune sections, whose election regulations have not been adapted to the law on political rights and its implementing ordinance.

Terms designating persons apply equally to women and men.

1 Voters in municipal matters are

a) Swiss nationals aged eighteen and over, domiciled in the municipality for thirty days;

b) Foreigners aged eighteen and over, domiciled in Switzerland for ten years, in the Canton for one year, and in the municipality for thirty days.

2 Voters in civic matters are all citizens domiciled in the municipality or section of the municipality, aged eighteen and over, and who have the right to vote in cantonal matters. The regulations of the civic municipality may grant the right to vote to all citizens enjoying civil rights and domiciled outside the municipality.

3 Persons who, due to a permanent incapacity of discernment, are protected by a general guardianship or by a mandate due to incapacity, are not voters.

1 Eligible are

a) as member of communal authorities, Swiss citizens enjoying the right to vote in the commune and, except for the mayor's office, foreigners exercising civil and political rights;

b) as member of bourgeois authorities, voters in bourgeois matters;

c) as member of authorities of a section of the commune, voters enjoying the right to vote in the section;

d) as communal officials, all persons exercising civil and political rights;

e) as member of communal commissions, Swiss citizens at least sixteen years old and foreigners.

2 The communal regulation may limit the re-eligibility of members of communal authorities.

3 The duration of non-eligibility cannot exceed one term of office.

4 The communal regulation may introduce an age limit for officials.

1 Incompatibilities with the status of a member of a municipal authority include

a) the roles of member of the Government, prosecutor, and permanent judge;

b) the status of a full-time municipal official, immediately subordinate to this authority.

2 The roles of mayor, municipal councilor, president, and vice-president of the municipal assembly are incompatible.

3 Municipalities may, in their regulations, extend the incompatibility to other municipal roles.

1 Members of a municipal authority cannot include the following together

a) relatives by blood or marriage in the direct line;

b) siblings, whether full, half, or step-siblings;

c) spouses, registered partners, relatives by marriage in the collateral line up to the second degree, as well as the spouses or registered partners of siblings.

2 Persons related in this manner may also not hold municipal positions where one is immediately subordinate to the other.

3 The municipal regulations may extend the exclusion up to the fourth degree for reasons of blood or marriage relations in the collateral line.

4 It may restrict or entirely remove this exclusion concerning the general council.

5 The exclusion due to marital alliance does not cease with the dissolution of the marriage or registered partnership.

6 The delegate for municipal affairs may, for valid reasons, authorize exceptions to the rule stated in Article 5, paragraphs 1 and 2.

1 In the event of incompatibility affecting the same person, a period is granted by the delegate for municipal affairs to make a choice. If no choice is made, the outcome is decided by lot.

2 In the event of simultaneous election of persons who are incompatible under Article 5, those who have obtained the highest number of votes are considered elected, in the absence of a voluntary withdrawal. In the case of a tie, the delegate for municipal affairs conducts a draw, to which the concerned parties are invited.

3 When a newly elected person has a familial relationship with a person already in office, resulting in incompatibility as defined by Article 5 of this ordinance or according to the municipal regulations, the election is void unless the person in office resigns.

4 In the cases referred to in paragraphs 2 and 3 above, the position of mayor takes precedence over that of municipal councilor.

1 The municipal regulation designates the electoral bodies of the municipality. It specifies, in particular, the electoral competencies

a) of the eligible voters (ballot voting);

b) of the municipal assembly;

c) of the general council;

d) of the municipal council;

e) of the committees.

2 Eligible voters must elect, by ballot, according to the provisions of this ordinance

a) the mayor;

b) the president of the assemblies;

c) the members of the municipal council;

d) the members of the general council.

3 The municipal regulation may provide for the election of a vice-president of the assemblies; in such a case, the election is conducted in accordance with the provisions of this ordinance.

4 If the municipal regulation provides for other elections by ballot, the provisions of this ordinance apply.

The voting takes place in the premises designated by the municipal council.

1 Voting premises must be open on Sunday from 10 a.m. to 12 p.m.

2 The communal council may also set the opening as early as Friday.

3 The electoral office suspends operations precisely at the set time and declares the polls closed. It is prohibited to vote once this closure is announced.

The municipal council prints the voter cards and the official ballots for the municipal elections and procures the envelopes for postal voting.

1 For the general elections provided for in Article 21, the delegate for municipal affairs shall proceed with the publication in the Official Journal. In other cases, the municipal council summons the voters by publication in the Official Journal and according to local customs.

2 The summons is published at the latest in the edition of the Official Journal of the tenth week preceding the election day; it indicates the type, schedule, and location of the election and any potential runoff.

Upon the expiration of the deadline for correcting submitted lists and candidacy documents, the municipal secretariat shall display them according to local practice.

1 The municipality shall send to all voters, at the earliest four weeks and at the latest three weeks before the election day, their voter card as well as the official ballot(s).

2 A duplicate of the voter card may be obtained at the latest twenty-four hours before the opening of the polls. The new card issued must bear the mention "duplicate." At the opening of the polls, the municipal administration shall communicate to the electoral office the names of the persons who have obtained a duplicate.

3 The municipality shall bear the costs of printing and distributing the official ballot(s).

4 ...

5 If, during an election according to the majority system, the number of candidacy filings exceeds three, the municipal council may limit itself to distributing a blank official ballot and the list of filed candidacies.

6 The representatives of the lists may obtain additional ballots from the municipal administration. The costs related thereto shall be borne by the persons or organizations that ordered them.

Ballot Voting and Postal Voting is regulated by Articles 18 to 24 of the Ordinance on the Implementation of the Political Rights Act.

1 The secrecy of the vote must be ensured.

2 …

3 …

4 …

Are considered void

a) ballots that are not official;

b) ballots that do not bear the stamp of the electoral office;

c) blank ballots that are not filled in by hand and printed ballots that are altered in any way other than by hand;

d) ballots that do not clearly express the voter's intention;

e) ballots that contain marks identifying the author;

f) ballots that contain references unrelated to the election;

g) ...

h) ...

1 The election of general councils, municipal councils, mayors, presidents, and vice-presidents of assemblies takes place on the same day, which is the penultimate Sunday in October, two years after the parliamentary election.

2 The regulations of the bourgeois municipality set the schedule for bourgeois elections.

3 The authorities are constituted within the first fifteen days of the calendar year following the election day.

4 Their terms end on the eve of the constitutive session of the new authorities.

Runoff elections take place on the third Sunday following the first round.

The municipality typically constitutes a single electoral district.

The counting is carried out in accordance with Article 26 and subsequent articles of the ordinance implementing the law on political rights.

A vote is generally valid only if the number of stamped ballots does not exceed that of the returned voting cards.

1 Upon the conclusion of the counting, a copy of the minutes is promptly provided to the municipal council.

2 A copy of the election minutes is immediately forwarded to the delegate for municipal affairs.

3 The municipality informs the elected officials of their election.

1 Elections may be contested through appeals before the administrative judge.

2 The appeal must be lodged within ten days following the contested decision; in the case of an election, it must be lodged within ten days following the event.

3 When the election results are published in the Official Journal, an appeal may still be made within three days following this publication, even if the aforementioned ten-day period has elapsed.

4 The administrative judge's decision is subject to appeal before the Constitutional Court.

5 The appeal to the Constitutional Court must be filed within ten days following the notification of the contested decision.

1 Together with a copy of the minutes, the voting cards and ballots are collected for each election in separate packages, which are then sealed and kept under lock and key.

2 As soon as the appeal period has elapsed without being used, or any possible election-related appeals have been definitively judged, the materials mentioned in paragraph 1 must be destroyed.

The term of office is five years, unless otherwise provided by federal or cantonal provisions.

The following provisions govern elections according to the proportional representation system

a) of the general council in municipalities that have such a body;

b) of the municipal council, unless the organizational regulations provide for a majority system;

c) of all other bodies of municipal, mixed, civic municipalities and section municipalities that, pursuant to a provision of the organizational regulations, are conducted by ballot according to the proportional representation system.

1 The lists of candidates must be submitted to the municipal council by Monday of the eighth week preceding the election, by 12 noon.

2 A list cannot contain more names than there are seats to be filled.

3 Each list must indicate the surname, first name, year of birth, and profession.

4 It must bear a designation that distinguishes it from other lists.

5 The lists and the nomination papers must bear the handwritten signature of at least five voters residing in the municipality, as well as the mention of two representatives and an alternate; for the election of general councils, this number is increased to twenty.

6 A voter cannot affix their signature to more than one list.

The candidate is domiciled in their electoral district.

No one can be a candidate on more than one list. If applicable, a three-day option period is established by the municipal council; if no option is made within the allocated time, the decision is made by lot.

1 Candidates who withdraw their candidacy must inform the municipal council in writing by 12:00 p.m. on the Friday of the eighth week preceding the election.

2 The representatives of the list may amend or complete it, if necessary, by 12:00 p.m. on the Monday of the seventh week preceding the election.

3 Withdrawn candidacies or those contrary to the law are considered null and void.

4 Article 45 is reserved.

The municipal council prints and sends to all voters, no earlier than four weeks and no later than three weeks before the election, official ballots reproducing the submitted lists.

1 Each voter has as many votes as there are seats in the municipality.

2 Subject to Article 37, they may vote in one of the following ways

a) by placing an unmodified official printed ballot into the ballot box;

b) by placing a modified official printed ballot, where they have crossed out names, accumulated others, or added the names of candidates from other lists (mixing). In both cases, a and b, votes that are not given to candidates are attributed to the list whose name is at the head of the ballot;

c) by placing a blank official ballot where they have written the names of candidates from the municipality, accumulating them if they wish;

d) by placing a blank official ballot where, without naming any candidate, they allocate their votes to a list of their choice by clearly designating it;

e) by placing a blank official ballot where they designate the list of their choice as well as the name of one or several candidates.

3 No candidate may receive more than two votes per ballot.

4 Excess candidates are annulled as follows

a) on printed ballots, the last printed names;

b) on blank ballots, the last written names.

The organizational regulations may provide for the possibility of eliminating the accumulation of candidates; it may also provide for the election of alternates for the general council.

After the close of the polls, the electoral office shall draft a report indicating specifically

a) the number of registered voters and the number of actual voters;

b) the number of valid ballots and the number of invalid ballots, the latter being the sum of blank and spoiled ballots;

c) the number of votes received by the candidates of each list (named votes);

d) the number of unnamed votes that are allocated to each list (additional votes);

e) the total number of votes for each list, both named and additional votes;

f) the number of unused votes;

g) instances of drawing lots;

h) the number of votes obtained by each candidate.

Seats are allocated among the lists according to the following rules

a) the total number of votes of all the lists is divided by the number of seats in the municipality, increased by one; the result rounded up to the nearest whole number is the electoral quota;

b) each list obtains as many seats as the number of times its votes contain the electoral quota;

c) if all the seats are not distributed, the number of votes for each list is divided by the number of seats it has already obtained, increased by one. A seat is allocated to the list with the highest quotient. The operation is repeated until all seats are distributed. In case of a tie for the last seat, the decision is made by drawing lots;

d) the electoral office conducts the drawing of lots.

1 Those candidates who have received the greatest number of nominative votes are elected, corresponding to the number of seats allocated to each list.

2 Non-elected candidates are ranked according to the number of nominative votes they have received.

3 In the event of a tie, the candidate who obtained the most votes on the list where their name appeared is elected. In the case of another tie, the decision is made by lot.

4 The electoral office proceeds with the drawing of lots.

If the number of candidates is not greater than the number of seats in the municipality, they are elected without a vote (tacit election). If they are fewer, a supplementary election is conducted for the unfilled seats.

If a list wins more seats than it has presented candidates, the voters who signed it may designate additional candidates, who are elected without a vote. If no designation is made within the allotted time, a supplementary election is held.

1 In the event of a vacancy during the legislature, the person leaving one of the organs mentioned in Article 30 of this ordinance is replaced by the first substitute on the same list. If the first substitute refuses to take the seat, the next in line shall assume the position.

2 If no candidates remain, the majority of voters who signed the list may designate an additional candidate, who shall be elected without a vote; in the absence of a designation within the time limit set by the municipal council, a complementary election shall be held.

1 If only one seat is vacant, the by-election takes place by a relative majority.

2 If multiple seats are vacant, the election is held according to the system of proportional representation.

If no list is submitted, the election is held by relative majority. Voters may cast their votes for any eligible person. Cumulative voting is not permitted.

1 The municipal organization regulation may provide for the election of deputies.

2 If the organization regulation provides for the election of deputies for the general council, the election method for these deputies will be subject to a specific municipal regulation to be submitted for approval to the delegate for municipal affairs.

The following provisions govern elections according to the two-round majority system

a) of the mayor;

b) of the president and vice-president of the communal assemblies;

c) of the communal council unless the organizational regulations provide for the proportional representation system;

d) of other authorities of municipal, mixed, bourgeois communes and sections of communes, of their officials and teachers who, by virtue of a provision in the organizational regulations, are elected at the polls according to the majority system.

1 The nomination papers must be submitted to the municipal council on the Monday of the eighth week preceding the election, until 12:00 p.m.

2 The nomination paper must indicate the last name, first name, year of birth, and occupation of the candidate or candidates.

3 It must bear the handwritten signature of the candidate and that of at least five voters residing in the municipality.

1 Candidature applications may be corrected until Monday of the seventh week preceding the election, until 12 p.m.

2 They may only be supplemented if a candidate becomes ineligible. This supplementation can be made until the Monday preceding the election, until 12 p.m.

3 Once signed, the candidature cannot be withdrawn.

4 Article 61 is reserved.

If a candidate becomes ineligible between the Monday preceding the election and the close of the poll, the election is annulled and postponed. The municipal council takes the necessary measures and sets the deadlines.

The communes shall send to all voters within their jurisdiction, no earlier than four weeks and no later than three weeks before the election, official printed ballots bearing the name(s) of the candidate(s) and a blank official ballot, subject to Article 13, paragraph 5.

1 Each voter has as many votes as there are seats to be filled.

2 A voter may only cast their votes for candidates and may only give one vote to each candidate.

3 Any excessive candidates are annulled as follows

a) on printed ballots, the last printed names;

b) on blank ballots, the last written names.

**After the closure of the ballot, the electoral office shall draw up a report indicating:**

a) the number of registered voters and the number of voters who cast their votes;

b) the number of valid ballots and the number of invalid ballots, the latter corresponding to the sum of blank and null ballots;

c) the number of votes obtained by each candidate.

1. Candidates who have obtained a number of votes greater than half the number of valid ballots (absolute majority) are elected.

2. If the number of candidates who have obtained the absolute majority exceeds the number of seats or positions to be filled, those among them who have received the most votes are elected.

3. In the event of a tie for the last seat, a supplementary election will break the tie among the candidates who have obtained the same number of votes.

4. The provisions of the decree on the protection of minorities remain reserved.

1 A candidate in the first round may withdraw their candidacy for the second round.

2 Candidatures must be submitted to the municipal council by Wednesday following the first round, until 12 PM. They are made public according to local custom.

3 Only those who participated in the first round and received at least five percent of the valid votes may submit a candidacy.

The municipalities shall send the voter cards and official ballots to the voters no later than the Monday preceding the election.

Elected, in accordance with the number of seats to be filled, are the candidates who have obtained the greatest number of votes, even if it is not greater than half of the number of valid ballots (relative majority).

Subject to the foregoing provisions, the rules applicable to the first round shall also apply to the second round.

1 If the candidates presented in the first or second round are not more numerous than the seats to be filled, they are elected without a vote (tacit election).

2 If they are fewer, a supplementary election by relative majority is conducted for the unfilled seats.

1 In the event of a vacancy during the legislature, a by-election shall be held according to the two-round majority system.

2 The individuals elected shall serve for the remainder of the legislature.

If no candidacy application is submitted, the election proceeds by relative majority. Voters may cast their votes for any eligible person.

In cases not covered by Articles 30 and 47, the organizational regulations may stipulate that the election of authorities and officials takes place in an assembly, in accordance with the provisions of said regulations.

The provisions of Articles 279 to 283 of the Swiss Penal Code are applicable.

1 The municipal council may impose a fine ranging from 20 to 200 francs on members of the electoral office who completely or partially fail to attend the operations of a vote or an election without sufficient excuse.

2 Violations of this ordinance and the resulting decisions are subject to a fine of up to 1,000 francs, provided that other measures are not applicable.

3 The municipal council pronounces the fines in accordance with the decree concerning the repressive power of the municipalities.

Decisions made pursuant to this ordinance may be contested according to the provisions set out in the Political Rights Act, the Administrative Procedure Code, and the Municipalities Act.

1 Unaddressed issues by this ordinance shall be settled by analogy with the applicable cantonal legal provisions, or by analogy with federal provisions if necessary.

2 The following legal texts' provisions are in particular reserved

a) Constitution of the Republic and Canton of Jura;

b) law on political rights;

c) executive ordinance of the law on political rights;

d) …

e) …

f) ordinance concerning the voter register;

g) Administrative Procedure Code;

h) law on municipalities;

i) decree on municipalities;

j) decree on the protection of minorities.

1 The 1984 municipal elections will be conducted in accordance with the system established by the organizational regulations or the election regulations of each municipality.

2 In elections conducted under the proportional representation system, the elimination of vote stacking will only be possible pursuant to the municipal regulations adapted after the amendments made on July 5, 1984, to the law on political rights come into effect.

**Ordinance of July 4, 1980 Concerning Municipal Elections is Repealed.**

This ordinance comes into force on October 1, 1984.