Right to Vote Act (StRG) - Scope of Application (STRG)

1. The Voting Rights Act applies to all elections, referendums, and popular initiatives of the eligible voters of the canton, the municipalities, and the municipal associations. It also applies to municipal referendums on cantonal matters.

2. To the extent that ecclesiastical law does not regulate the elections, referendums, and popular initiatives of the eligible voters of the national churches and their church communities, the Voting Rights Act applies. Instead of the state authorities, the ecclesiastical authorities are competent.

3. In federal elections and referendums, the Voting Rights Act applies insofar as federal law leaves the regulation to cantonal law.

1. The following terms have the following meanings in the Voting Rights Act

a. Voting Day: in cases of ballot voting, the Sunday on which an election or vote takes place; in cases of assembly voting, the day of the municipal assembly,

b. Popular Petition: citizen initiatives, referendums, and all other binding petitions that allow eligible voters to demand a vote or a parliamentary decision subject to a referendum (§§ 128-146),

c. * Constitutional Initiative: citizen initiative for partial revision of the cantonal constitution (§ 20 of the cantonal constitution),

d. * Legislative Initiative: citizen initiative for enactment, amendment, or repeal of a law (§ 21 of the cantonal constitution),

e. * Municipal Initiative: citizen initiative to organize a municipal vote (§§ 38 ff. of the Municipal Code),

f. * Association Initiative: citizen initiative to organize a vote by a municipal association (§ 51 paragraph 3 of the Municipal Code),

g. Election Lists: the officially corrected election proposals for proportional elections (§ 97),

h. Blank Lists: ballots without pre-printed candidate names in ballot voting (§ 33 paragraph 2),

i. Candidate Lists: ballots with pre-printed candidate names in ballot voting (§ 33 paragraphs 3 and 4),

k. * Municipal Authority: municipal council, city council, church council, or corporation council.

2. To the extent that the masculine form is used for designating persons in this law, it also includes the feminine.

1. Insofar as this law and the regulatory decrees of the municipality do not provide otherwise, the municipal council is the authority responsible for electoral matters in the municipality.

1. Eligible to vote are Swiss men and women who have reached the age of 18 and are not excluded from voting eligibility.

2. ...

3. The church parishes may extend voting eligibility to foreigners for their own matters.

4. Excluded from voting eligibility is only a person who, due to permanent lack of judgment, is under comprehensive guardianship or is represented by a person with a power of attorney.

1. A person eligible to vote has their political domicile in the municipality where they reside and have been registered for at least 5 days according to the provisions of the Residency Act. Nomads have their political domicile in their home municipality.

2. An individual who submits a different certificate (provisional certificate, home certificate) instead of their certificate of origin upon registration acquires a political domicile only if they request and prove that they are not registered in the voter registry at the location where the certificate of origin is deposited.

3. A political domicile according to paragraph 2 can be specifically established by

a. * Spouses and individuals in a registered partnership,

b. Students,

c. * Persons who are under comprehensive guardianship.

1. Any person who changes their political residence within the canton during the last four weeks before a cantonal vote will receive the voting materials at their new residence only upon proof that they have not already exercised their voting right at their previous political residence.

1. In personal corporate municipalities, corporation members who are eligible to vote in the municipal community are granted voting rights.

2. In real corporate municipalities, unless otherwise provided by the corporate regulations, each full or fractional real right is associated with a voting right.

3. For the exercise of voting rights in real corporate municipalities, the following provisions apply unless stipulated otherwise by the corporate regulations

a. Those eligible to vote and having political residence in Switzerland shall exercise their voting rights personally.

b. Minors or those who are under comprehensive guardianship due to permanent incapacity to judge are represented by the holder of parental authority or the guardian. If the guardian is not eligible to vote in federal matters, a representative may be authorized.

c. Natural persons with legal capacity who are not eligible to vote in federal matters, partnerships, legal entities, co-owners, and joint owners exercise their voting rights through an authorized representative.

d. Authorized representatives must be eligible to vote in federal matters and must present a written power of attorney.

4. In a mixed corporation, paragraph 1 applies to those with personal rights, and paragraphs 2 and 3 apply to those with real rights.

1. All residents who are eligible to vote in matters concerning the local municipality, the canton, and the federation shall be entered into the electoral register of the local municipality.

2. Each municipality's own electoral register shall include its eligible voters.

1. The keeper of the electoral register is the municipal clerk or a qualified person designated by the municipal administration.

2. The municipality regulates the deputization.

1. The voter register administrator is responsible for preparing the voter register and shall continuously record all changes ex officio.

2. The basis for maintaining the voter register is the population control record.

3. The municipal residents provide other municipalities with information for their voter registers for a fee.

1. The eligible members of the municipality may inspect the unprocessed electoral register.

2. They may request information from the registrar of the electoral register as to whether they are entered in the electoral register.

3. The processed electoral register or a copy thereof used during the election or vote cannot be inspected.

1. Any person claiming that they have been unjustly omitted from the electoral register may request their inclusion from the electoral register officer through a voting rights application.

2. Eligible voters and political parties organized within the municipality may request the addition or removal of a name from the electoral register officer through a voting rights application.

3. If the electoral register officer does not approve a voting rights application, they must inform the applicant in writing. The notification shall include a brief explanation and an indication that the applicant may request a voting rights decision from the municipal authority within three days.

4. If a voting rights decision is requested, the municipal authority shall decide on the voting rights application in an expedited procedure.

1. Obtaining a Copy of the Electoral Register

a. In January, the political parties organized within the municipality,

b. Before an election, the political parties organized within the municipality,

c. Before a municipal election, the representative of the signatories of a nomination proposal,

d. * The representative of the signatories of a nomination proposal before the election of the following authorities: Cantonal Council[6], Government Council, National Council, and Council of States.

1. The cutoff date for eligibility to participate in an election or vote is, in the ballot procedure, the voting day, and in the assembly procedure, the day of the municipal assembly. Subject to Section 6.

1. Before an election or vote conducted via ballot box or assembly procedure, entries in the electoral register must be made up until the fifth day before the election or voting day, provided that the requirements for participation on the voting day are fulfilled.

2. The completed electoral register records the total number of eligible voters. It must be signed by the electoral register officer.

1. The following amendments to the electoral register shall apply to the respective election or voting, even if they are to be made only after the completion of the electoral register

a. Deletions, provided that the eligible voter has not yet exercised the right to vote and is to be deleted from the electoral register due to

1. death,

2. legally binding establishment of comprehensive guardianship due to permanent incapacity to judge (Art. 398 Civil Code) or

3. proven abandonment of political residence; subject to § 6.

b. Entries and deletions ordered by a voting decision of the municipal authority or by an appeal decision or order of the government council.

1. The completed electoral register and the subsequent amendments pursuant to § 16 are binding for the ballot and assembly office.

2. Decisions on voting rights are prohibited for the ballot and assembly office.

1. Cantonal elections and votes shall be conducted by ballot.

2. Unless the eligible voters decide otherwise, municipalities shall conduct their votes by assembly procedure and their elections by ballot.

2bis. In the event that, due to a disaster, an emergency, or a comparable situation, a municipal assembly cannot be properly conducted due to an immediately impending severe threat or disruption to public safety and order or public health, the municipal authority may order a vote or an election to be conducted by ballot.

3. Only the ballot procedure is permissible for the election of the municipal council.

1. Elections and votes shall take place on Sunday, subject to advance polls as well as postal and electronic voting. In the case of voting by ballot, the voting Sunday is considered the decisive voting day.

2. The municipal authority may convene municipal assemblies outside of regular working hours on other weekdays as well.

3. No elections or votes shall be held on public holidays in accordance with the Rest Days and Store Closing Law.

4. Cantonal elections and votes shall take place on the same voting day in all municipalities.

1. Elections and referendums are held in public venues.

2. ...

3. The polling stations shall be arranged in such a manner that voters can fill out the ballot papers while safeguarding the secrecy of the vote.

1. In cantonal elections, votes, popular initiatives, and referenda of the municipalities, public announcements shall be made in the Cantonal Gazette.

2. The order for new elections of municipal authorities and municipal parliaments shall be published in the Cantonal Gazette.

3. Furthermore, public announcements for elections, voting, and popular initiatives of the municipalities shall be made by public notice, notification to eligible voters, or publication in a publication organ designated by the municipality. The municipality shall publicly announce the form of the announcement in advance.

4. In elections, voting, and popular initiatives of municipal associations, public announcements shall be made in the Cantonal Gazette or, according to paragraph 3, by the association municipalities.

1. During municipal referendums, eligible voters are entitled to inspect the records (plans, reports, contracts, and similar documents) underlying the referendum proposal for two weeks prior to the referendum day, insofar as the protection of official secrets permits.

2. To inform the residents of the municipality about municipal affairs, the municipality may hold informational meetings.

1. The Government Council determines the election and voting days for

a. cantonal referendums,

b. * ...

c. cantonal new elections,

d. replacement elections for members of the Government Council and the Council of States,

e. * the new elections of municipal authorities and municipal parliaments (Grand Municipal Council, Municipal Council, etc.).

2. The Department of Justice and Security determines the election and voting days for the

a. other cantonal replacement elections.

b. * ...

3. The Department of Justice and Security issues the regulations for the elections and referendums in accordance with paragraphs 1 and 2.

4. The replacement elections of the authorities listed in paragraph 1e, as well as other municipal elections and referendums, are organized and scheduled by the municipal authorities.

5. The elections and referendums of municipal associations are organized and scheduled by their boards.

1. The Order of an Election or Vote Includes the Following Details

a. Subject Matter,

b. Type of Procedure,

c. Voting Day,

d. Indication of Deadlines Set for Voters According to Sections 6 and 15,

e. * For Elections, Indication of the Possibility of Nominations and a Silent Election (Sections 26-29) as well as the Date of the Second Round of Voting (Section 91),

f. Indication of the Dispatch or Issuance of the Election and Voting Documents (Sections 36-39),

g. * For Elections, Indication of the Paper Quality, Color, and Format of the Ballots.

2. No Later Than the 16th Day Before the Voting Day, the Municipalities Shall Also Announce the Voting Times and Locations or the Place and Start of the Municipal Assembly.

3. When Electing Members of a Collegial Authority, the Distribution of Offices Entitled to Voters (Election of the President, etc.) Shall be Ordered on the Same Voting Day.

1. Any individual who issues an election or voting order is responsible for its timely publication. The municipalities are required to carry out the publications ordered by the Government Council or the Department of Justice and Security.

2. The election and voting orders must be published no later than as follows

a. * Elections: on the 69th day before the election day (10th Monday),

b. * cantonal referendums: on the 48th day before the election day (7th Monday),

c. Municipal referendums in the ballot procedure: on the 41st day before the election day (6th Monday),

d. Municipal assemblies: on the 16th day before the election day.

1. Eligible voters may submit election proposals for all elections conducted by ballot.

2. The valid election proposals form the basis for an uncontested election and, if such an election is not permissible or does not occur, for the printing of candidate lists.

3. Reserved are the special provisions for proportional elections (§ 97).

1. A nomination list may contain at most as many candidate names as there are seats to be filled.

2. For majority elections, the nominees must declare in writing and irrevocably that they accept the election. This declaration must be submitted with the nomination list.

3. The nomination list may bear an appropriate designation that distinguishes it from other nomination lists.

4. The same candidate may be listed for the majority election on multiple nomination lists, but only once on the same nomination list.

5. A person who agrees to a nomination list in a majority election may be listed on other nomination lists without a new declaration of consent.

1. For cantonal elections, the nomination proposals must be signed by 30 eligible voters. For municipal elections, 10 signatures are sufficient, or 5 if the municipality counts no more than 200 eligible voters.

2. Each eligible voter may sign only one nomination proposal. Once the nomination proposal has been submitted, a voter cannot withdraw their signature.

3. The signatories designate a representative and a deputy for communication with the competent authorities. If this is not done, the first signatory is considered the representative and the second the deputy.

1. Submission of Election Proposals

a. for cantonal majority elections at the Department of Justice and Security,

b. for municipal elections at the municipal office or the location designated by the municipality.

2. For majority elections, the election proposals must arrive at the submission office by 12:00 on the 48th day (7th Monday) before the voting day.

3. For majority elections conducted simultaneously with proportional elections, the authority specifies the submission deadline in the order.

4. The submission office notes the time of arrival on each election proposal and confirms it to the sender or deliverer.

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

1. Responsibility for the examination and rectification of electoral proposals lies with

a. the Department of Justice and Security for cantonal elections,

b. the municipal authority for municipal elections.

2. Electoral proposals submitted late or not bearing the required number of valid signatures are declared invalid by the authority.

3. The authority removes the names of nominees if there is a reason for invalidity under § 74, or if a declaration of acceptance is not present in majority elections.

4. If the designation of the electoral proposal gives rise to confusion or exhibits other defects, the authority sets a short deadline for the representative to rectify the defect. If the defect is not remedied within the deadline, the authority declares the electoral proposal invalid.

5. The rectification is completed on Thursday after the submission of electoral proposals at 12:00 PM.

1. The ballot paper contains the following information

a. competent public authority,

b. subject matter,

c. date of the vote,

d. voting questions.

2. It may contain brief explanations for casting the vote.

1. The ballot paper shall contain the following information

a. Competent community,

b. Type and subject of the election,

c. Voting day.

2. The blank list shall also include the necessary lines for entering as many candidates as are to be elected.

3. The candidate list for majority elections shall also include the name of at least one eligible candidate.

4. The candidate list for proportional representation elections shall also include the candidate names from an officially published electoral list.

5. In the candidate lists, in addition to the candidates' surnames and first names, only the following may be indicated

a. The candidate's preferred name and, if necessary, further details to avoid confusion,

b. The profession and place of residence of the candidates,

c. Upon re-election "incumbent" and upon first-time election "new",

d. The authors of the nomination or electoral list.

6. The Department of Justice and Security shall determine the paper quality, format, and color of the ballot paper.

1. If multiple elections or votes, or both elections and votes, take place simultaneously, the official ballot or voting papers shall be designed in such a way that it is identifiable on their reverse side for which election or vote the papers are intended.

1. To enable the automated determination of results, the Government Council may issue regulations that deviate from this law.

1. In federal votes and elections, municipalities are required to timely deliver the voting and election materials provided by the Department of Justice and Security to the eligible voters.

1. In cantonal elections and referendums, eligible voters receive a voting certificate, as well as an official voting and election envelope and a return envelope for postal voting, no later than three weeks before the voting day.

2. In cantonal referendums, eligible voters additionally receive, no later than three weeks before the voting day

a. the voting proposal,

b. the ballot paper,

c. * an explanatory report from the government council, which must also present the viewpoints of significant minorities in the cantonal council, initiative or referendum committees, and the representation of the municipalities conducting the referendum.

3. In cantonal elections, eligible voters additionally receive, no later than three weeks before the voting day, a blank list and all candidate lists based on valid election proposals.

4. The Department of Justice and Security provides the municipalities with the voting and election materials at the canton’s expense. The municipalities are responsible for timely distribution to eligible voters.

1. In municipal elections and referendums conducted via polling at the ballot box, eligible voters of the municipalities receive a voting certificate and, for postal voting, an official voting and election envelope and a return envelope no later than three weeks before the voting day.

2. In municipal referendums conducted via polling at the ballot box, eligible voters of the municipality additionally receive no later than three weeks before the voting day

a. the voting proposal, including excerpts from the annual report with the annual financial statements and the budget,

b. the ballot paper,

c. an explanatory report from the municipal authority, in which the viewpoints of significant minorities within the municipal parliament and any initiative or referendum committees must be appropriately presented.

3. In municipal elections conducted via polling at the ballot box, eligible voters of the municipality additionally receive no later than three weeks before the voting day a blank list and all candidate lists based on the valid nominations.

4. The municipalities shall procure the voting materials for their elections at their own expense.

1. The municipal associations shall procure the voting and election documents for their referendums and elections at their own expense.

2. The municipalities shall ensure that the voting and election documents provided by the board are delivered to the eligible voters in a timely manner.

3. Otherwise, § 38 shall apply mutatis mutandis.

1. In elections, eligible voters may obtain candidate lists from the authority responsible for providing the ballots, against payment.

2. Orders must be submitted within a deadline specified in the election ordinance.

3. The authority may require advance payment.

1. Candidate lists for majority elections may also be issued by private entities.

2. The provisions of § 33 apply accordingly.

3. The unofficial candidate lists must conform to the paper quality and color as stipulated in the order pursuant to § 24 paragraph 1g.

1. In order to ensure the joint dispatch of federal, cantonal, and communal voting materials, the government council may, by decree, deviate from the deadlines and dates set forth in this law for the publication of election and voting orders, for the submission of election proposals, and for the delivery of voting materials.

1. Each municipality generally forms an electoral district.

2. The municipality can decide to establish multiple electoral districts.

3. It can set up a joint electoral office for several electoral districts.

1. An election board supervises the voting process and determines the election and voting results in each polling district.

2. The standing election board, when determining the results, consists of a president and at least two members, each appointed by the municipality. Individuals involved as candidates in an election are not permitted to participate in the determination of the results.

3. The municipality may employ additional personnel for determining the election and voting results who are not members of the election board.

4. Political parties shall, as far as possible, be adequately represented in the standing election boards.

5. ...

1. The municipality determines the number of ballot office presidents and ballot office members. It appoints the ballot office presidents from among the ballot office members and regulates the commencement of office of the ballot office.

2. The electoral register officer is ex officio a member of the ballot office of the local municipality.

3. The other ballot office members are elected by the eligible voters no later than the first year after the new election of the municipal council. Only those who are eligible to vote and have residence in the municipality are eligible for election.

4. In the municipal ordinance, the municipality may regulate the appointment of ballot office presidents and the election of ballot office members differently.

5. Political parties must be accorded appropriate representation in the appointment of ballot offices.

6. If in the event of a catastrophe, an emergency, or a comparable situation due to an imminent serious threat or disturbance to public safety and order or public health, the proper composition of the ballot office cannot be ensured in any other way, the municipal authority may elect additional ballot office members and appoint additional ballot office presidents from among the members for the duration of such an event. In doing so, it shall endeavor to achieve a composition of the ballot office in accordance with paragraph 5 as far as possible.

1. Municipalities determine the opening hours of the polls and publicly announce them.

2. The poll opening hours must be set in such a way as to accommodate the habits of the eligible voters.

3. On the voting day, the polls must be open for at least half an hour and must close no later than 12:00 p.m.

4. In addition to the voting day, municipalities must allow for early voting on at least two of the four days preceding the voting day, either at an early voting site or by mail at a location designated by the municipality.

1. Voters may only use official ballots when voting. They must answer the voting questions in handwriting.

2. The provisions regarding electronic voting remain reserved.

1. On the candidate list, printed candidate names can be crossed out and names of other eligible candidates can be added in legible handwriting.

2. Those who use the blank list during elections must enter candidate names in legible handwriting.

3. The ballot paper must clearly specify at least one candidate and no more than the number to be elected.

4. Provisions regarding electronic voting remain reserved.

1. During the polling hours, at least two members of the polling station must be present in the polling place.

2. The polling station ensures that the voting process is conducted in an orderly manner and that every eligible voter is able to cast their vote without influence, while preserving the secrecy of the ballot.

3. The polling station may request police assistance to maintain order.

1. Only individuals performing official duties or exercising their voting rights may remain in the polling station.

1. At the beginning of the first ballot box period, the ballot office must secure the empty ballot box by sealing it, securely storing the key, or taking other appropriate measures to ensure that any unauthorized opening is prevented.

2. At the end of each ballot box period, the ballot office must seal the ballot box in such a way that any unauthorized opening or insertion of material is prevented.

3. At the beginning of the subsequent ballot box period, the ballot office must ensure that the seal of the ballot box and the insertion slot remain unopened.

4. Outside of the ballot box periods, the voting register officer must store the voting register and control stamps in such a way as to prevent any unauthorized use.

1. The voter submits their voting card, which they received from the municipality, to the voting office.

2. If the voter is unable to present their voting card, they will receive a corresponding declaration from the voting office to sign.

1. At elections and votes, the following voting and ballot papers must be made available in the polling station so that voters can use them while maintaining the secrecy of the ballot

a. for proportional representation, the blank list and all candidate lists of the electoral district,

b. for majority elections, the blank list, the official candidate lists, and the private candidate lists, provided the latter have been submitted to the polling station by private individuals for this purpose,

c. for referendums, all ballot papers.

1. The voter must cast their vote in person at the polling station. They may fill out the ballot papers either at home or at the polling station.

2. After the polling office has verified the voter's eligibility, the voter presents their ballot papers to the polling office.

3. The polling office affixes the control stamp on the back of each ballot paper for the elections and votes for which the voter is eligible.

4. While stamping, the polling office ensures that the voter cannot exercise the voting right multiple times and that the voting secrecy is maintained.

5. The voter places the stamped ballot papers into the ballot box.

1. If the voter is unable to personally cast their vote, a member of the polling station must act on their behalf according to their instructions. Other individuals are prohibited from assisting with the voting process.

2. The member of the polling station called upon to assist must remain silent about the content of the vote.

1. Voters who arrive at the polling station before the closing time may still cast their vote. Subject to this exception, no one shall be permitted to vote after the closing time.

1. Voters may exercise their voting right by mail.

2. Voters who are unable to write may have the ballot papers and voting card filled out and signed by a voter of their choice. This voter shall affix their own signature in lieu of the signature of the person unable to write and shall maintain confidentiality regarding the content of the instructions received.

1. The municipality shall inform the eligible voters about the procedure for voting by mail in an appropriate manner.

2. It shall procure the return envelopes for all elections and referenda at its own expense.

3. The return envelopes shall be designed in such a way that the anonymity of the voters in postal voting is preserved.

4. For federal and cantonal elections and referenda, as well as for simultaneous municipal elections and referenda, the Department of Justice and Security shall supply the municipalities with the required number of official voting and election envelopes at the expense of the canton.

1. Any person wishing to vote by mail shall place the ballot papers into the official voting and election envelope and seal it.

2. The official voting and election envelope must not bear any markings.

3. It must be placed together with the signed voting certificate into the return envelope.

4. The return envelope can be delivered to the registrar of voters, sent by mail to the submission office designated by the municipality, or handed over to the ballot office.

5. The return envelope must arrive at the submission office or the ballot office before the close of the last voting period.

1. The submission office immediately and unopened hands over the received return envelopes to the election register officer.

2. Under the supervision of the election register officer, the return envelopes are opened in the presence of at least two poll office members.

3. If the signature is missing on the voting card, the voter is given the opportunity to remedy this deficiency in an appropriate manner, provided there is still enough time.

4. The election register officer hands over the unopened official ballot and election envelopes along with the return envelopes and the voting cards to the poll office for the determination of the results. Until this point, the documents of the postal votes are to be securely and separately stored from the personal votes, while preserving the confidentiality of the vote.

1. The voting register officer confirms to the polling station the correctness of the preparatory work according to § 68.

2. It places the voting certificates and the return envelopes with the other used materials and checks the validity of the postal vote.

3. ...

4. If the polling station declares a postal vote to be invalid, it records its decision on the official voting and election envelope.

5. ...

**1. The Government Council is authorized to provisionally introduce electronic voting for elections and referenda, provided that the technical and organizational prerequisites for its proper implementation are met.**

2. The verification of voting eligibility, the secrecy of the ballot, and the recording of all votes must be ensured, and abuses must be prevented. The intent of the voters must be clearly ascertainable.

3. The Government Council may limit the implementation of electronic voting based on location, time, and subject matter. It shall issue the necessary implementing provisions for its execution and may deviate from the provisions of the law for trial implementations.

1. A vote is considered blank if the voting question on the ballot is not answered.

2. In elections, a vote is considered blank if

a. all printed candidate names on the candidate list are crossed out without any handwritten replacements,

b. no candidate names are entered on the blank list.

c.* ...

1. Ballots and voting papers are invalid if they

a. * are completed or altered in a manner other than handwritten in cases of personal or postal voting,

b. do not clearly express the voter's intent,

c. contain defamatory statements or obvious markings,

d. * are not stamped with the control stamp of the ballot office in cases of personal voting,

e. * are not official or not intended for the election or vote in proportional representation elections and votes,

f. * cannot be read accurately during electronic voting.

2. Ballots are also invalid if none of the listed candidates are eligible for election.

**1. In the case of postal voting, the vote is also invalid if:**

a. more than one official ballot and election envelope is submitted together with the voting card,

b. the postal vote is submitted without the voting card, or the voting card is not signed by the voter,

c. there are multiple ballots or election slips that do not have the same content in the official ballot and election envelope for the same referendum or election,

d. the official ballot and election envelope contains information that compromises the confidentiality of the vote,

e. a third party has demonstrably interfered unlawfully with the voting process,

f. * the ballots and election slips are in the return envelope but not in the official ballot and election envelope,

g. * the ballots and election slips arrive at the submission office or polling office after the closing time of the last voting period.

2. ...

1. If a vote is cast both at the polling station and by mail or electronically, the vote that is first received by the polling office shall be considered valid. All subsequent votes shall not be taken into account.

1. Candidate Votes on the Ballot are Invalid

a. Names of ineligible candidates,

b. Illegible or insufficient candidate designations,

c. Repetitions of the same candidate's name in majority elections.

2. If a ballot contains more valid candidate votes than there are seats to be awarded, the excess votes will be eliminated in the order determined by the Department of Justice and Security.

1. Immediately after the closing of the last polling time, the polling office verifies the election and voting results of the polling district.

2. The determination of the election and voting results of the advance polls and the postal and electronic votes may commence at the earliest on the day of voting. Partial results must be kept confidential.

3. Anyone wishing to begin the determination of the election and voting results earlier requires an authorization from the Department of Justice and Security.

1. The Ballot Office determines the result separately according to personal, postal, and electronic voting submissions.

1. The polling office decides on the validity of the ballots and voting papers (§§ 72 and 73) and the candidate votes (§ 74).

2. The polling office determines

a. the number of blank, invalid, and valid ballots and voting papers placed in the ballot box,

b. the number of postal votes,

c. * the number of electronic votes,

d. * the substantial content of the ballots and voting papers.

3. The blank and invalid ballots and voting papers must be marked and placed separately with the used voting materials.

1. Only the valid votes are counted for the calculation of the decisive majority.

2. In referendums, the proposal is adopted if the number of affirmative votes is greater than the number of negative votes.

3. In ballot elections, the individual is elected who has achieved the required number of votes (§§ 88, 91, or 96).

1. The Ballot Office establishes the result of the polling district.

2. If the municipality is divided into several polling districts, a Ballot Office President and the Voting Register Clerk must determine the overall result of the municipality based on the reports.

3. The Department of Justice and Security establishes the result of cantonal elections and referendums based on the reports and other relevant documents.

4. The board of municipal associations establishes the result of their elections and referendums based on the reports.

1. The Ballot Office shall prepare a report with the following details

a. Municipality and ballot district,

b. Subject and date of the election or vote,

c. Composition of the Ballot Office during the individual ballot times and during the certification,

d. Results of the investigations (§ 78),

e. In municipal elections or votes, the election or voting result (§ 80),

f. Any complaints (§ 164) and remarks by the Ballot Office or the individual presidents and members.

2. The report must be signed by all presidents and members involved in the certification.

1. In municipal elections and referendums, the election office ensures the immediate publication of election and voting results after their validation.

2. The Department of Justice and Security publishes the results of cantonal elections and referendums in the Cantonal Gazette.

3. In cantonal referendums and significant cantonal elections, provisional voting and election results are announced as quickly as possible. The municipalities provide the required reports for this purpose.

4. The results of the elections and referendums of a municipal association are published by the association's leadership.

1. The government council and the municipalities may order statistical surveys regarding elections and votes.

2. The government council, after consulting the municipalities, may provide for the separation of voting by gender and age groups in selected municipalities.

3. The secrecy of the vote must not be compromised.

4. For federal elections and votes, Article 87 of the Federal Act on Political Rights remains reserved.

1. The ballot office immediately packages the submitted voting and election ballots from in-person voting, separately from those of postal voting and the electronic voting data carriers, as well as the voting certificates and the official voting and election envelopes, seals and secures the packages, and notes the contents on them.

2. For all cantonal elections and referenda, and for municipal elections requiring the approval of the executive council or the Department of Justice and Security, the ballot office sends the protocol to the Department of Justice and Security.

3. In the case of cantonal council elections, the protocol and election materials must be sent to the Department of Justice and Security. In the electoral district of Lucerne-City, they must be submitted to the city clerk, who then forwards them to the Department of Justice and Security.

4. Furthermore, the municipality must retain the protocols and the submitted voting and election ballots until the binding determination of the election or voting result, but for at least two months, unless the executive council or the Department of Justice and Security orders a forwarding or an extension of the retention period.

1. Swiss citizens abroad are entitled to vote in federal matters in accordance with federal law.

2. They exercise their voting rights at the Department of Justice and Security.

1. The tasks assigned to the municipalities by this law and the Federal Law on the Swiss Abroad are carried out by the Department of Justice and Security when it concerns the voting rights of the Swiss Abroad.

2. The municipalities report the Swiss Abroad eligible to vote in federal matters to the Department of Justice and Security and promptly forward notifications they receive from the Swiss representation and the Federal Chancellery to the Department of Justice and Security for processing.

3. The Department of Justice and Security, in particular, maintains the electoral register for Swiss Abroad eligible to vote on federal matters and sends the voting and election materials directly to their address no later than three weeks before the respective voting day.

1. The authority that has passed a voting proposal may divide it for the optional referendum or popular vote, provided that each part of the proposal remains executable on its own.

2. Each part of the proposal shall be voted on separately.

1. A voting proposal may contain the condition that it will only come into effect upon acceptance if another related proposal is accepted or if another condition is met.

1. A vote on an initiative and its counterproposal is conducted as an optional double referendum as follows

a. The ballot paper includes the main questions "1. Do you want to accept the initiative ...?" and "2. Do you want to accept the counterproposal?" as well as the tie-break question "3. If both the initiative and the counterproposal are accepted: Should the initiative or the counterproposal come into force?".

b. The voter may answer the main questions with yes or no, or leave them unanswered; they may also approve both proposals or reject both.

c. The majority is determined separately for each question; unanswered questions are disregarded.

d. The initiative or the counterproposal is accepted if more than half of the valid votes cast are in favor of the proposal.

e. If both the initiative and the counterproposal are accepted, the proposal that receives more votes in the tie-break question comes into force. In the event of an equal number of votes, the proposal that receives more yes votes in the main questions takes precedence.

2. In other situations, the authority responsible for the issuance may also submit two mutually exclusive proposals to the voters for an optional vote. Paragraph 1 applies accordingly.

1. In elections conducted by ballot, except for the re-elections of the Executive Council, the Council of States, and the Municipal Council, a silent election is permissible in place of the first ballot.

2. If, on all finalized nominations (§§ 26-31), no more candidates are proposed than are to be elected, they are elected by silent election.

3. The submission office (§ 29) records the occurrence of the silent election in a protocol and makes the result publicly known. If all seats are filled by silent election, it further announces that the first ballot will not take place.

4. In municipal elections that require the approval of the Department of Justice and Security or the Executive Council, the municipality immediately transmits a duplicate of the nominations and the protocol to the Department of Justice and Security.

1. The first round of voting shall be conducted by secret ballot

a. for all seats, if a silent election is not permissible or has not been achieved,

b. for the vacant seats, if not all seats have been filled by silent election.

2. In the first round of voting, a candidate is elected who attains an absolute majority of the valid votes (half of the valid votes, rounded up to the next whole number).

3. If more candidates than there are seats to be filled achieve the absolute majority, the candidate with the greater number of votes is elected, and in the event of a tie, the decision shall be made by lot, drawn by a trusted individual appointed by the Department of Justice and Security.

4. If several authorities or officials are to be elected simultaneously, the absolute majority for each of these elections shall be calculated separately from the number of valid votes cast in each case.

1. If no candidate or not as many candidates as are to be elected have achieved an absolute majority in the first round of voting, the election procedure shall continue in accordance with sections 90 and 91, which will be publicly announced in an appropriate manner immediately after the final results are determined.

1. The seats not filled in the first ballot may be filled by a silent by-election.

2. The election proposals must be received by the submission office (§ 29) no later than Thursday following the first ballot at 12 o'clock. For candidates from the first ballot, a written declaration from the candidate and the representative of the election proposal is sufficient.

3. The result of a silent by-election is announced publicly immediately. If all seats are filled, the second ballot is canceled.

4. Otherwise, §§ 26-31 apply.

1. For the seats not filled through a silent by-election, a second round of voting is generally held by ballot on the fifth Sunday after the first round.

2. ...

3. A new electoral roll is compiled for the second round of voting.

4. In the second round, the candidate with the highest number of votes is elected (relative majority). In the event of a tie, the decision is made by lot.

5. Voters receive the documents according to §§ 37 and 38 at the latest ten days before the election day.

1. If members of a collegial authority and among them the holders of certain offices (President, etc.) are to be elected at the same time, the voter may cast a vote for a candidate as an officeholder without voting for them as a member, and vice versa.

2. The decisive majority for the membership and the individual offices is determined separately according to the number of valid votes cast for this purpose.

3. Only someone who is also elected as a member can be declared elected as an officeholder.

1. Elected by Proportional Representation

a. * the Cantonal Council,

b. the municipal parliament (Great City Council, Municipal Council, etc.) in municipalities,

c. * the Municipal Council, provided the municipality has opted for proportional representation.

1. For the election of the Cantonal Council, the six electoral districts of Lucerne-City, Lucerne-Country, Hochdorf, Sursee, Willisau, and Entlebuch exist as per the annex.

2. If the composition of municipalities changes due to municipal mergers or divisions, the Cantonal Council shall amend the annex of this law through a Cantonal Council resolution.

3. The Cantonal Council allocates the seats before the election by resolution of the Cantonal Council according to the population of the electoral districts (§ 19 para. 3 of the Cantonal Constitution). The decisive factor is the cantonal population statistics as of January 1 of the year preceding the election year.

1. Proportional elections shall be conducted according to the provisions applicable to the election of the National Council. This is subject to Sections 19, 30, and 31 of the Cantonal Constitution and Sections 97-98e of this law.

2. Unless specific features of proportional elections require deviations, the provisions of this law, particularly Section 28, shall apply otherwise.

3. Further details shall be regulated in the election ordinance.

1. Responsible for the receipt, examination, and correction of electoral lists is

a. * for cantonal council elections, the Department of Justice and Security, in the electoral district of Lucerne City, the City Clerk,

b. in the municipalities for the election of the municipal parliament, the municipal authority.

2. The corrected electoral lists are to be published in the cantonal gazette. For this, the Department of Justice and Security is responsible for cantonal elections, and the municipality is responsible for municipal elections.

3. The deadlines and dates for the submission, correction, and publication of the electoral lists are determined by the Department of Justice and Security in the election ordinance.

1. In the cantonal council elections, the Department of Justice and Security, and the city clerk in the electoral district of Lucerne City, are responsible for overseeing the verification of the election results.

2. The Department of Justice and Security and the city clerk assist the municipalities in the preparation and execution of the elections and determine the district's result based on the municipalities' records.

3. They may engage experts for this task.

1. The electoral districts of Willisau and Entlebuch form an electoral district association for the cantonal council elections.

1. In the electoral district association, the seats are allocated based on the party votes converted into voter numbers according to the provisions applicable to the election of the National Council.

2. The party votes are converted into voter numbers by dividing the valid party votes of the individual lists or list groups in each electoral district of the electoral district association by the number of seats in the electoral district. The results, rounded down to the nearest whole number, yield the voter numbers of the lists or list groups in the electoral district and their sum the voter numbers of the lists or list groups in the electoral district association.

3. List groups are considered to be the interconnected lists.

1. Once it is determined how many seats the lists or list groups have obtained in the constituency association, these must be distributed among the constituencies.

2. For this purpose, the number of voters for the lists or list groups in the individual constituencies is divided by the number of seats allocated according to § 98b. The next higher whole number results in the distribution number. Each list or list group receives as many seats as the distribution number is contained in the voter number.

3. Remaining seats are allocated to the lists or list groups with the largest remainders in the constituency association. If the remainders are equal, the list or list group has priority in which the respective candidate in question has the largest number of votes in a constituency. If the number of votes is also equal, a draw decides.

1. If an electoral district receives fewer seats than it is entitled to pursuant to § 95 paragraph 2, the missing seats shall be allocated to it at the expense of the district that has received more seats.

2. The redistribution of seats is calculated as follows

a. The number of voters for the lists or list groups of the underrepresented district shall be divided by the number of seats calculated according to § 98c, increased by one (first quotient).

b. The number of voters for the lists or list groups of the overrepresented district shall be divided by the number of seats calculated according to § 98c (second quotient).

c. The division of the first quotient by the second quotient results in a proportional number (double quotient) for each list or list group. Redistribution takes place in the list or list group with the highest proportional number. If the proportional numbers are equal, lots shall be drawn.

d. In the redistribution of further seats, this procedure is repeated, taking into account the seats already redistributed.

1. The distribution of seats within the list groups is calculated only after the allocation of seats to the electoral districts or after any reallocation pursuant to § 98d.

1. The Assembly Office consists of the President, the Secretary, and at least two Vote Counters.

1. The president of the municipal assembly is the member declared competent by the municipal authority.

2. In the event of the president's incapacity, another member designated by the municipal authority shall act as substitute.

3. If all members of the municipal authority are recused or otherwise incapacitated, the municipal assembly shall elect an interim president.

1. The resolutions and legal transactions of the municipal assembly are to be recorded and documented in a protocol.

1. The municipal assembly elects the vote counters after the opening.

2. If votes are to be taken for the appointment of the assembly office, the president provisionally appoints two vote counters for this purpose.

1. The President presides over the proceedings and ensures an orderly conduct of the assembly.

2. Voting members who make inappropriate remarks or otherwise disrupt the proceedings are called to order by the President; furthermore, he may withdraw their right to speak or expel them from the assembly after an unsuccessful call to order.

3. If calm and order cannot be immediately restored in the event of a disturbance, the President dissolves the assembly and immediately reports to the government council.

4. Radio and television recordings are only permissible with the consent of the municipal council. The council announces the decision at the beginning of the assembly, which itself can decide on the matter upon request. Until that time, recordings for radio and television are not permitted.

1. The President inquires at the beginning of the assembly whether anyone present is not entitled to vote or if any non-entitled citizens have been identified; he then requests these individuals to vacate the seats designated for those entitled to vote.

2. In disputed cases, the assembly office decides based on the voter register and makes the necessary arrangements.

3. The vote counters determine the number of participants after the opening of the assembly and announce the count.

4. Persons who are not entitled to vote may observe the assembly from designated areas, as far as spatial conditions permit; they are not allowed to participate in the deliberations and voting.

1. The President and each participant may submit motions regarding the consultation and voting procedure.

2. Procedural motions are to be discussed and put to a vote immediately before all other motions.

1. Each participant may comment on the items under discussion and make motions. Offensive, irrelevant, and lengthy statements are prohibited.

2. The chairperson generally grants the floor to participants in the order in which they request to speak. Immediate permission to speak is granted for motions concerning procedure.

3. If the municipal assembly decides to conclude the discussion based on a procedural motion, only those participants who requested to speak before the procedural motion will be allowed to speak.

1. The municipal assembly votes openly by a show of hands, unless a secret ballot is decided upon (§§ 121 paragraph 2, 122, and 125).

1. The President may vote; however, their vote does not break a tie.

1. Procedural motions, substantive motions, and election proposals achieve the necessary absolute majority for acceptance when the number of approvals (majority) exceeds half of all those present or surpasses the number of disapprovals (counter-majority).

2. If the number of approvals exceeds half of all those present, it is permissible to forgo the numerical determination of the counter-majority.

1. The vote counters initially estimate the results.

2. If the vote counters cannot clearly assess the result or if their estimate is called into question, they must count the majority and, if it does not clearly exceed half of the participants, also count the opposing majority.

3. Two vote counters jointly conduct the count, with one overseeing the other.

4. Objections to the counting results must be presented immediately. If necessary, the president shall have the majority and opposing majority re-determined.

1. Upon the completion of the announced business, the participants may ask questions, request information, and present suggestions, wishes, or criticism regarding municipal matters in a survey.

2. Votes for the completion of business transactions are inadmissible within the framework of the survey.

1. The President (§ 100) and the Secretary (§ 101) shall publish the voting results (§ 21) on the next business day.

1. The Recording Clerk shall prepare a minutes of the proceedings for each municipal assembly within 10 days, containing the following elements

a. Place and time of the municipal assembly,

b. List of announced items,

c. Composition of the meeting office,

d. Number of participants,

e. For each agenda item

1. A brief description of the subject matter,

2. All motions submitted and their resolutions,

3. Course of the discussion: speakers, statements recorded in the minutes (Paragraph 2), content of statements (Paragraph 3),

4. Verbatim text of the resolutions adopted, which may also be attached separately to the minutes,

5. Form and outcome of the votes,

f. For each election item

1. All nominations,

2. Type of voting procedure,

3. Results of individual ballots,

4. The elected candidates,

g. Signature of the recording clerk.

2. Through brief recorded statements, participants may document their opposing opinions regarding the procedure in the minutes. The affected participants may similarly provide a short counter-statement for the record.

3. The content of the statements (Paragraph 1e) to be included in the minutes shall only be

a. Recommendations such as rejection or approval of proposals,

b. The reasoning, insofar as it is necessary to understand the proposals and recommendations.

4. For the purpose of recording the minutes, audio recordings may be made.

1. The assembly office reviews and approves the minutes in the absence of the minute taker.

2. The consenting members of the assembly office sign the approval note.

3. Members who object to the minutes must contest them within 10 days of presentation by filing a voting rights complaint with the government council; if the complaint period lapses without action, their objections are considered moot.

1. The recorder announces the issuance of the minutes by posting.

2. The recording of the minutes can be challenged by an appeal on voting rights to the government council within 10 days from this posting.

3. The minutes of the municipal meeting can be inspected at any time at the municipality.

1. The competent members of the municipal authority and any relevant commissions shall explain the proposal at the beginning of the deliberation and provide additional information upon request during the discussion.

2. Initiatives may be explained and justified by the representatives of the signatories at the beginning of the deliberation.

3. To clarify questions that require special expertise, the municipal assembly or the municipal authority may also consult experts who do not have voting rights in the municipality.

1. The municipal assembly may refer a proposal back to the municipal authority for review and amendment or reject its discussion (non-consideration). Such motions are to be treated as procedural motions (§ 105).

2. If no participant requests non-consideration, consideration is tacitly decided.

1. Budget, Annual Report, Regulations, and other proposals composed of multiple parts shall, once it is decided to proceed, be discussed in detail with an appropriate division.

2. During the detailed discussion, the proposal can be amended and supplemented.

3. Amendments and supplements decided upon during the detailed discussion are valid only subject to the final vote.

1. When there are multiple motions concerning the same subject, the President shall announce before the vote how the voting will proceed.

2. If alternative proposals are made regarding the proposed voting procedure, the President shall immediately call for a vote on them.

3. If there are more than two motions of the same kind concerning the same subject, all motions shall be voted on in a suitable sequence, with pairwise voting, whereby the prevailing motion is voted against the next one.

4. If a motion from the municipal authority and another motion are opposed in a vote, the motion from the municipal authority shall be voted on first.

1. The draft, as amended in the individual consultation, shall be put to a final vote in its entirety.

1. If the final vote does not take place by secret ballot, it shall be conducted immediately after individual discussion.

2. One-fifth of the participants may request that the final vote at the municipal assembly be conducted secretly according to the following provisions

a. Each participant shall receive a ballot paper from the assembly office, which is marked with an official stamp and to be filled out by hand.

b. The vote counters shall collect the completed ballot papers and immediately determine the result during the assembly.

c. Otherwise, the provisions regarding the secret ballot procedure shall apply accordingly.

1. As long as the final vote has not started at the assembly, two-fifths of the participants can request a final vote by ballot.

2. If such a request is made, the individual consultation must still be conducted.

3. A vote by ballot on the proposal, as it emerged from the individual consultation, shall generally take place within 2 months after the municipal assembly. The voter register will be newly compiled. The municipal authority shall inform the eligible voters with a written report about the changes decided during the individual consultation.

4. The provisions regarding the voting procedure by ballot, particularly §§ 25 and 38, shall apply accordingly.

5. The municipal assembly may also generally decide to apply the procedures outlined in paragraphs 2 and 3 for certain matters.

1. Eligible voters may submit election proposals to the municipality no later than the 2nd day before the municipal assembly.

2. The municipality shall prepare a list of candidates based on the election proposals and distribute it at the municipal assembly.

3. Eligible voters may propose additional candidates at the municipal assembly.

4. Participants may comment on the election proposals.

1. The municipal assembly votes on the proposed candidates until one is elected.

2. If multiple candidates are proposed for the same position, votes are taken on each candidate in turn.

3. The order of the votes is determined by the receipt of the election proposals and, within the written election proposals, the order of their candidates.

4. If a candidate achieves an absolute majority, they are elected, and the remaining candidates are no longer subject to voting.

1. One fifth of the participants may request that certain ballots at the municipal assembly be conducted in secret according to the following provisions

a. Each participant receives a ballot for each election round from the assembly office, marked with an official stamp.

b. Voting on all candidates proposed for the election round is conducted using the same ballot.

c. Anyone not proposed for the election round is not eligible to be elected.

d. * Candidates proposed to the municipality prior to the municipal assembly are listed on the ballot.

e. The voter may strike candidates and write in other candidates by hand.

f. The completed ballot must contain no more names than the number of candidates to be elected; otherwise, it is invalid.

g. The vote counters collect the completed ballots and immediately determine the result during the assembly.

h. In other respects, the provisions regarding the urn procedure apply accordingly.

1. In the first ballot, the absolute majority decides.

2. If no candidate is elected in the first ballot, a second ballot will be conducted immediately, in which the absolute majority also decides.

3. If no candidate is elected in the second ballot, a third ballot will be conducted immediately, in which the greater number of votes (relative majority) decides.

4. In the open procedure, the third ballot is conducted only if more candidates are proposed than are to be elected. Otherwise, the proposed candidates are deemed elected without contest.

5. Before each ballot, eligible voters may make new proposals.

6. In all other respects, § 117 shall apply accordingly.

1. If multiple members of a collegial authority are to be elected simultaneously, the individual procedure (§§ 123-126) shall be conducted consecutively for each vacancy.

2. The nominations apply to all positions to be filled. Candidates who are not elected for a position remain eligible for the other vacant positions.

3. Instead of the individual election procedure, the municipal assembly may vote collectively on all nominations, provided that no more candidates are proposed than positions to be filled and no more than two-fifths of the participants request individual elections upon the president's inquiry.

**1. All Signature Lists (Forms, Sheets, Cards) of a Popular Initiative must contain the same text with the following details:**

a. For popular initiatives of the canton and municipal associations, a line for indicating the residential municipality where the signatories are eligible to vote,

b. A title,

c. * The initiative itself and, in the case of initiatives, the date of publication in the Cantonal Gazette,

d. * The notice "Anyone falsifying the result of a signature collection for a popular initiative (Art. 282 of the Criminal Code) or bribing or being bribed during the signature collection (Art. 281 of the Criminal Code) is liable to prosecution",

e. * Columns for the name and first name, date of birth, residential address, and signature of the signatories, as well as the control note of the voting register official,

f. The text of the voting rights certification "This signature list contains ... (in words: ...) valid signatures of eligible voters from the specified municipality. The voting register official",

g. The names and addresses of at least three members of the initiative or referendum committee,

h. The notice of the legal withdrawal right and the indication of who holds the right of withdrawal (§ 146 paragraph 2).

**2. If several popular initiatives are presented for signing, a separate signature list must be maintained for each one. Signature lists of several popular initiatives may be placed on the same page provided they can be separated for submission.**

**3. In the title, the type and subject of the popular initiative must be correctly specified. It must not, in particular, cause any confusion and must not contain any commercial or personal advertising.**

1. The signature list may indicate who initiated the popular initiative.

2. Explanations and justifications for the request are permissible, provided they are clearly separated from the request and are not misleading.

1. In the optional referendum, the official title and the date of the proposal must be specified in the request for which the popular vote is being demanded.

1. Constitutional and legislative initiatives can be submitted in the form of a suggestion (non-formulated initiative) or in the form of a draft (formulated initiative) (§§ 20, 21 and 22 paragraph 3a of the Cantonal Constitution).

2. Municipal initiatives can be submitted in the form of a suggestion. For municipal initiatives that demand the enactment, amendment, or repeal of regulations and the amendment or repeal of the municipal code, the form of a draft is also permissible.

3. The non-formulated initiative contains the mandate to the competent authority to develop a proposal in line with the initiative request, which is subject to an optional or mandatory referendum.

4. The formulated initiative contains the developed text of the requested proposal.

1. The popular initiative for the introduction of a total revision of the cantonal constitution may not contain either guidelines or a fully formulated draft.

1. The forms of the non-formulated and the formulated initiative may not be combined.

2. An initiative may only demand enactments of the same legal form (constitution, law, municipal regulation, regulations, credit decision, etc.).

1. There must be a substantive connection between the various parts of an initiative petition.

1. The initiative or referendum committee must consist of at least three eligible voters.

2. The first-mentioned member, and in their absence the second-mentioned, are authorized to represent the committee before authorities and to receive official notifications on behalf of the committee.

3. Individuals collecting signatures for an initiative or referendum are subject to cantonal data protection legislation, insofar as this law does not contain specific provisions.

1. Prior to the commencement of the signature collection, except in the case of referendums, the draft of the signature list must be submitted to the competent authority for preliminary examination.

2. Responsible for the preliminary examination are

a. in the canton, the Department of Justice and Security,

b. in the municipalities, the authority designated by the municipality,

c. in municipal associations, the board.

3. The competent authorities determine by decision whether the signature list complies with the legal formal requirements (§§ 128-132).

4. They officially date the signature lists that meet the formal requirements and publish the title and text of the popular initiative as well as the deadline for collecting signatures.

1. The Deadlines for Submitting Signature Lists for Popular Initiatives are

a. One year from publication (§ 135 paragraph 4) for

1. Constitutional Initiatives (§ 22 paragraph 1 in connection with § 20 of the Cantonal Constitution),

2. Legislative Initiatives (§ 22 paragraph 1 in connection with § 21 of the Cantonal Constitution),

3. Popular Initiatives for Initiating the Total Revision of the Cantonal Constitution (§ 22 paragraph 1 in connection with § 20 of the Cantonal Constitution).

b. 60 days from publication of the referendum proposal for

1. Optional Popular Referendums in the Canton (§ 25 paragraph 2 in connection with § 24 of the Cantonal Constitution), in the municipalities (§ 13 paragraph 2 of the Municipal Act), and in the municipal associations (§ 51 paragraph 3 of the Municipal Act).

c. 60 days from publication for Municipal or Association Initiatives (§§ 38 et seq. and § 51 paragraph 3 of the Municipal Act).

1. The signatory must write their name legibly by hand on the signature list and sign it. They must also provide the necessary information to verify their identity, such as first name, date of birth, and address.

2. Voters who are unable to write may have the signature done pursuant to paragraph 1 by a voter of their choice. This voter shall append their own signature to the name of the person unable to write and shall keep the contents of the received instructions confidential.

3. The signatory may only sign the same popular initiative once.

4. A signature list may only be signed by voters from the municipality specified on the signature list.

1. The initiative or referendum committee must submit the signature lists to the responsible voting register officer early enough before the collection deadline expires so that the voting rights certification can occur during the collection period.

2. The voting register officer certifies that the signatories are eligible to vote on the subject of the popular initiative in the municipality indicated on the signature list and promptly returns the lists to the committee.

3. The certification must specify the number of certified signatures in words or figures; it must be dated, signed by the voting register officer, and bear the official stamp.

4. The voting rights of the signatories can be certified collectively for multiple signature lists.

**1. Voting Certificate for a Signature is Refused if**

a. the information on the signature list is insufficient to identify the signer,

b. the signer is not eligible to vote for the popular initiative or in the specified municipality.

**2. If the eligible voter has signed multiple times, only one signature will be certified.**

**3. The reason for refusal must be indicated with a keyword on the signature list.**

**4. In case of refusal of a voting certificate, the initiative or referendum committee can request a decision from the municipal authority within 10 days after the signature list is returned. Article 77, paragraph 2 of the Federal Act on Political Rights remains reserved.**

1. The signature lists must be received by the submission office before the collection deadline (§ 136) expires.

2. The submission offices are

a. for the canton, the Department of Justice and Security,

b. for the municipality, the municipal office or the office designated by the municipality,

c. for the municipal association, the association leadership.

3. Submitted signature lists will not be returned and cannot be inspected.

**1. Responsible Authorities for Certifying Popular Initiatives**

a. In the canton: the Cantonal Government,

b. In the municipality: the Municipal Authority,

c. In the municipal association: the Association's Executive Board.

**2.** Based on the submitted signature lists, the authority shall promptly determine by decision whether the popular initiative has been successfully constituted. It also decides on the validity unless this decision is reserved for the Cantonal Council, the Municipal Parliament, or the Delegate Assembly of the municipal association (§§ 82c and 82k Cantonal Council Act, §§ 43 and 51 paragraph 3 Municipal Act).

**3.** The decision on certification must be publicly announced, indicating the number of valid and invalid signatures, and for popular initiatives in the canton and municipal associations, broken down by municipalities.

1. A popular initiative is deemed successful if, within the collection period, lists of signatures are submitted containing the required minimum number of valid signatures.

1. Signatures are invalid if

a. the signature list was not submitted within the collection period,

b. the signature list contains more than one popular initiative or does not comply with other essential formal requirements,

c. the signature list, except in the case of referendums, is not officially dated,

d. the eligibility to vote is not certified,

e. the signer is not eligible to vote in the municipality specified on the signature list.

2. The validity of a signature is determined by the status of the electoral register on the day the signature list was submitted for certification.

1. The authentication authority shall have incorrect voting right certificates corrected by the voting register officer, insofar as the success of the popular initiative depends on it.

1. A popular initiative is invalid if it is unlawful or clearly impracticable.

2. A popular initiative is unlawful in particular if

a. the community addressed is not competent for the matter,

b. it is not permissible under the jurisdictional order of the community,

c. it does not clearly reflect the will of the signatories,

d. the unity of form is not maintained (§ 132),

e. the unity of subject matter is not maintained (§ 133),

f. the requested resolution violates superior law.

1. Popular initiatives, excluding referendums, may be withdrawn until the publication of the order for a public vote.

2. The withdrawal is to be decided by the initiative committee or by a committee authorized by it, in accordance with the declaration on the signature list (§ 128 paragraph 1h).

3. The declaration of withdrawal must be submitted in writing to the certifying authority. If the declaration of withdrawal is not signed by the absolute majority of the initiative committee or the authorized committee, it must be demonstrated that the absolute majority of the members agreed to the withdrawal.

4. The certifying authority declares the popular initiative as concluded based on a valid declaration of withdrawal and publicly announces the withdrawal.

1. Municipalities may, through concordant requests, demand a referendum on a law or another resolution of the Cantonal Council, which is subject to the optional referendum (§ 25 paragraph 1 in conjunction with § 24 of the Cantonal Constitution).

**1. The Request of the Municipality includes:**

a. the official title and the date of the resolution for which the referendum is requested,

b. the municipal body that has initiated the referendum,

c. the provisions of the municipality regarding the competence to initiate the referendum.

**2. The request must be accompanied by the minutes of the decision of the competent body.**

**3. The municipalities shall appoint from among themselves a representative who is authorized to represent the municipalities before the authorities.**

1. The request of the municipality must be submitted to the Department of Justice and Security.

2. The Cantonal Executive Council is responsible for the validation. Based on the submitted requests, it determines without delay by decision whether the municipal referendum has been successful.

3. The Cantonal Executive Council publicly announces the validation decision, specifying the involved municipalities and the number of valid and invalid requests.

1. The municipal referendum comes into effect when the number of municipalities required by the constitution submits a petition in accordance with § 146b within the submission period.

2. Petitions are invalid if they

a. have not been decided and submitted to the Department of Justice and Security within the referendum period,

b. have been decided by an unauthorized body,

c. do not clearly indicate which proposal the popular vote is being requested for.

3. The referendum cannot be withdrawn.

1. Supervisory Authorities are the Government Council and the Department of Justice and Security.

1. The Department of Justice and Security issues the necessary instructions, provided the Government Council does not itself issue implementing regulations and instructions.

1. If procedural defects or other irregularities are identified in the conduct of electoral registers, in the preparation and conduct of elections and votes, or in connection with referendums, the Governing Council shall, ex officio or upon complaint, take measures to remedy the defects as far as possible. It may postpone or cancel an election or vote.

2. In cases of urgency or in connection with the instruction of a voting rights complaint, the Department of Justice and Security may take measures in accordance with paragraph 1.

3. If necessary, the Governing Council may entrust the Department of Justice and Security with the preparation and supervision of an election or vote, or with the conduct of a municipal assembly. The Department is authorized to commission third parties to conduct the municipal assembly.

1. The Executive Council may take the necessary measures to ensure an orderly process in the exercise of political rights if this process could be impaired by a disaster, an emergency, or a similar situation due to an imminent serious threat or disruption to public safety and order or public health. It may postpone or cancel an election or vote.

2. The Executive Council may deviate from statutory provisions in its measures, particularly with regard to deadlines and procedural details, if the assurance of an orderly process in the exercise of political rights requires it. Such deviations are to be limited to a maximum of two years. An extension for an additional year is possible, subject to the approval of the Cantonal Council.

3. The Executive Council continuously evaluates whether the situation justifies the maintenance of the measure. Measures may only remain in effect as long as required to ensure an orderly process in the exercise of political rights. Otherwise, they must be promptly revoked by the Executive Council.

4. Measures to ensure an orderly process in the exercise of political rights in municipalities are only ordered by the Executive Council if these municipalities are unable to ensure their proper exercise themselves. When ordering, reviewing, and revoking such measures, the municipalities must be consulted in advance.

1. If an election or voting result gives rise to justified doubts, the Government Council may order an official review of the election or voting materials.

2. If errors are detected during the review, the Government Council shall order the correction of the election or voting result or the annulment of the election or vote.

3. §§ 160 and 165 apply accordingly.

1. If vacancies in authorities cannot be filled in a timely manner due to the contesting or non-approval of elections or for other reasons, the Government Council may appoint extraordinary deputies until the newly elected officials take office.

2. Unless there are specific reasons to the contrary, the current officeholders shall be appointed as extraordinary deputies.

1. If someone violates their official duties under this law, the government council may issue a reprimand or impose a fine of up to 2000 francs.

2. The same authority is granted to the municipality against the presidents and members of polling stations.

3. Criminal proceedings remain reserved.

1. The authority responsible for handling cases of incompatibility in elections requiring approval is the approving authority, and in all other cases, it is the authority that ordered the election.

2. Anyone elected to an office that cannot be held simultaneously with another office or activity must declare their decision within the set deadline. If no declaration is made, it is assumed they have relinquished the most recently attained position.

3. If cases of incompatibility under § 17 of the State Constitution (kinship and affinity) are not resolved by voluntary relinquishment by the parties involved, the office remains with the person elected first or, in the event of a simultaneous election, the one who received the greater number of votes.

1. Elections, for which the date is set by the Government Council, require its approval, subject to paragraph 3.

2. Elections ordered by the Department of Justice and Security or the municipal authority require the approval of the ordering authority. If the election is contested or the conditions for its approval are not met, the Government Council has jurisdiction.

3. The re-elections of the Cantonal Council and the Government Council require the approval of the Cantonal Council. The specific provisions of the Cantonal Council Act remain reserved.

1. The election shall be approved if

a. according to the verbal record, minutes of the meeting, or minutes of the silent election, the election procedure has been conducted in accordance with the regulations and the result has been correctly calculated,

b. the submitted voting rights complaints have been resolved, and

c. any identified incompatibilities have been eliminated.

2. The approving authority shall correct accounting errors.

3. If the approval requirements pursuant to paragraph 1 are not met, the procedure for complaints shall be followed. Furthermore, § 150 remains reserved.

1. If an elected individual does not wish to accept the election, they must submit a written request for release to the authority that ordered the election within 10 days from the date of the election.

2. The request for release shall be granted if it concerns a full-time position or if the applicant

a. has reached the age of 65,

b. has already held the same office for a full term, or

c. credibly demonstrates that the exercise of the office would result in health or economic disadvantages.

3. If the applicant agreed to the election on the basis of a nomination proposal, they can only cite reasons that have arisen since the declaration of acceptance.

1. Any elected voter who wishes to resign during their term of office must submit a resignation request to the authority responsible for arranging a by-election.

2. The applicant is entitled to resign only if there is a reason for resignation under § 156 paragraph 2a or c, or if the resignation is in the public interest.

3. Resignation requests from members of the Cantonal Council are decided by the Cantonal Council.

1. The appellate authority is the Executive Council, unless the Cantonal Council is responsible pursuant to § 167.

1. The voting rights complaint is admissible against voting rights decisions made by the municipal authority (§ 12).

2. The complaint period is 10 days. Article 77, paragraph 2 of the Federal Act on Political Rights remains reserved.

3. Entitled to file a voting rights complaint are the affected party, the applicant, the eligible voters in the municipality, and the political parties organized within the municipality.

4. Voting rights complaints that the executive council has not decided by election day shall continue to be treated as complaints under § 160.

1. In elections and votes, subject to § 161, the following can be challenged with a voting right complaint

a. Procedural defects and other irregularities in the preparation and execution,

b. Errors in the voter register, provided that the change has been requested before its completion.

2. If the grounds for the complaint arise before the voting day, the voting right complaint must be submitted within 3 days of discovery. If this deadline has not expired by the voting day, it is extended until the 10th day after the voting day.

3. In all other cases, the complaint period is 10 days from the voting day.

4. Eligible to file a voting right complaint are the eligible voters and the political parties organized within the scope of the election or voting.

5. Reserved is Article 77 paragraph 2 of the Federal Law on Political Rights.

1. An objection may be raised with the Government Council against measures it orders in connection with elections and votes prior to the voting day (§ 149).

2. The provisions concerning the complaint on voting rights in elections and votes (§ 160) apply accordingly.

1. Popular Initiative Appeals for Voting Rights Are Permissible

a. against decisions by municipal or municipal association authorities that do not submit a matter to a popular vote or optional referendum,

b. against the declaration of invalidity or modification of a signature list during its preliminary review (§ 135),

c. against the refusal of a voting rights certificate by the municipal council (§ 139),

d. against decisions and resolutions of the authorities of municipalities and municipal associations that determine the non-realization (§ 141), invalidity (§ 141; §§ 39 and 43 of the Municipal Law), or withdrawal of a popular initiative (§ 146),

e. due to other irregularities in the handling of popular initiatives.

2. For Municipal Referendums, Appeals for Voting Rights Are Permissible

a. against the decision of the governmental council that determines the non-realization of the referendum (§ 146d),

b. due to other irregularities in the handling of the referendum.

3. The appeal period is 10 days for cases mentioned in paragraphs 1a and b and 20 days for the remaining cases.

4. Entitled to Lodge an Appeal for Voting Rights Are

a. due to the exclusion from a popular vote or optional referendum, any eligible voter of the municipality or municipal association,

b. due to the declaration of invalidity or modification of a signature list during the preliminary review, the initiative or referendum committee,

c. due to the refusal of a voting rights certificate, the affected person and the initiative or referendum committee,

d. due to the determination of the non-realization, invalidity, or withdrawal of a popular initiative, the initiative or referendum committee and any signatory,

e. due to irregularities in the handling of municipal referendums, the affected municipalities.

1. The period for lodging an electoral complaint begins as follows

a. for recipients of decisions or orders, upon delivery,

b. for publicly announced decisions or orders, in any case, upon public announcement.

2. Reserved furthermore is § 160 paragraph 2.

1. Voting rights complaints must be submitted in writing to the Government Council.

2. Polling offices, their presidents, and members can file voting rights complaints due to irregularities during their tenure in the official report.

3. Voting rights complaints must include a request and a brief presentation of the contested facts as justification.

1. Incorrectly determined election and voting results shall be corrected in the appeal decision, as far as possible.

2. The election or vote shall be annulled in whole or in part by the appeal decision if

a. Irregularities have been established,

b. the possibility that they have decisively altered the election or voting result cannot be excluded, and

c. a correction through the appeal decision is not possible.

3. In the event of the annulment of an election or vote, the government council shall make the necessary arrangements.

1. To the extent that this law does not regulate voting rights complaints, the Administrative Procedure Act applies mutatis mutandis.

2. The voting rights complaint, the objection pursuant to § 161, and the administrative court complaint do not have a suspensive effect.

3. The administrative court complaint is excluded against measures of the Council of Government that can be contested by objection pursuant to § 161.

1. For electoral complaints regarding irregularities in the preparation and conduct of the re-election of the Cantonal Council and the Government Council, the following provisions apply

a. Electoral complaints that the Government Council has not decided before the election day shall be decided by the Cantonal Council according to the provisions of the Cantonal Council Act and the Rules of Procedure[17].

b. Appeals against decisions of the Government Council can be submitted as an electoral complaint to the State Chancellery for the attention of the Cantonal Council.

1. No fees shall be charged for official acts carried out pursuant to this law.

2. In the case of vexatious or frivolous complaints, the costs may be imposed on the complainant.

1. The following are repealed by this Act

a. Law on Referendums (Referendum Act) of December 1, 1970,

b. §§ 3-12, 19, 22-29, 37-47 of the Organization Law of the Canton of Lucerne of March 8, 1899,

c. Law on the Amendment of the Provisions of the Organization Law of 1899 concerning the Constitutional Initiative and the Legislative Referendum of January 29, 1908,

d. Law on the Direct Exercise of Legislative Rights by the People of January 29, 1908.

2. Pursuant to the annex, which forms an integral part of this Act, the following are amended

a. Law on the Organization and Conduct of Business of the Grand Council (Grand Council Act) of June 28, 1976,

b. Municipal Law of October 9, 1962.

1. The law enters into force on January 1, 1989. It is subject to an optional referendum.