Introductory Act to the Federal Legislation on Political Rights (IA PR) (EG BPR) - Scope (EGBPR)
Table of Provisions (43)
Statutory Text (43 Articles)
1. This law applies to the exercise of political rights in federal matters.
1. Election proposals for the seat of the canton of Nidwalden in the National Council must be received by the cantonal voting office by 12:00 noon on the 48th day (7th Monday) before the election.
2. If only one valid candidacy is registered, the government council declares this person elected.
3. A candidacy is only valid if the conditions according to Article 60 of the Election and Voting Act are fulfilled.
1. The legal remedies are governed by Articles 77-80 BPR and Article 62 ASG.
1. Federal votes are conducted in the political municipalities.
1. The Municipal Council elects
1. a voting office for the main location consisting of at least three members;
2. a voting office for each subsidiary location consisting of at least two members.
2. The municipal voting office is composed of the voting office of the main location and at least one member, designated by the Municipal Council, from the voting offices of any subsidiary locations.
3. The Municipal Council appoints the President and the Vice-President of the municipal voting office.
1. The Cantonal Voting Office consists of three members who are appointed by the Government Council; the Secretary of the Municipality ex officio serves as chairperson.
1. The Governing Council exercises oversight over the conduct of federal votes.
2. It takes the measures necessary for the execution of this law.
1. Each political municipality maintains, along with the electoral register, a list of those persons who are eligible to vote on federal matters and have their political domicile in the municipality. The electoral register is maintained by the residents' registration office.
2. The Government Council determines whether the electoral register for Swiss citizens abroad is managed centrally by the cantonal administration or by the administration of the main town, Stans.
3. Entries in the electoral register are permissible up to no later than five days before the election and voting day, provided it is established that the requirements for participation in the voting are met.
4. The electoral register is available for inspection at the municipal offices.
1. The voting shall be conducted in a public venue that can be accessed without hindrance and where the confidentiality of the vote is ensured.
2. The municipal council may designate additional auxiliary venues in addition to the main venue.
1. In the building and in the immediate access area of the building where the polling station is located, any propaganda and any attempt to influence is prohibited.
2. Likewise, the collection of signatures or donations is forbidden.
1. Secured ballot boxes must be used for all voting; the slot and closure must be able to be sealed or locked.
2. The ballot boxes must be procured by the municipalities.
1. The Government Council specifies the voting hours for the ballots in the main and subsidiary polling stations in its directives.
1. As soon as the Federal Council orders a vote, the Governing Council must publish the voting day in the official journal and request the municipal councils to make the necessary arrangements.
2. At least three weeks before the voting day, the Governing Council must issue a notice in the official journal; this notice must publish the regulations on voting eligibility and announce the time and place of the vote for all municipalities, as well as the location where postal votes can be submitted.
1. The municipalities shall issue a voting card for eligible voters based on the electoral register.
2. The voting card shall contain the following information
1. Front Side
a) Name and address of the eligible voter;
b) Name of the municipality where the eligible voter resides;
c) Date of the vote;
d) Voting times;
e) Polling locations.
2. Back Side
a) Notice regarding the regulations for personal and postal voting;
b) Address of the voting office.
3. The return envelope shall include an indication that anyone who does not wish to exercise their voting right must tear up the voting card before disposal.
1. At the latest three, but at the earliest four weeks before the voting day, the following voting material must be sent to the eligible voters by the municipality
1. the voting certificate;
2. the voting envelope;
3. the ballot paper;
4. in referendums on specific issues, the voting proposal along with the explanation of the Federal Council.
1. The eligible voters shall cast their vote personally at the ballot box in their municipality of residence or by postal vote, subject to Art. 22 et seq.; the systematic collection of voting materials is prohibited.
2. Voters who are unable to write may have the ballot completed by an eligible voter of their choice according to their instructions. This person shall sign their own name on the voting envelope alongside the name of the person unable to write and maintain confidentiality regarding the instructions received.
3. Official voting envelopes must be used.
4. In referenda, the eligible voters exercise their voting rights with the official ballot paper provided by the Confederation or the State Chancellery. The cantonal registration slips are considered equivalent, provided electronic data processing is intended.
1. At the opening and during the voting process, at least two members of the voting office must be present.
2. Before the commencement, the voting office must seal or lock the empty ballot box.
3. The voting office supervises the submission of voting cards and verifies the identity of voters in case of doubt.
1. The right to vote is to be evidenced by the submission of the voting certificate.
2. Ballots are to be placed in the voting envelope and deposited into the ballot box.
1. Anyone wishing to vote by mail places the ballot paper in the official ballot envelope and this, together with the signed voting certificate, in the return envelope.
1. Anyone voting by mail can submit their vote using the return envelope through the postal service, deliver it to the municipal administration, deposit it in the mailbox of the municipal administration, or have it delivered to the voting office by a representative.
2. Voting by mail is permitted from the receipt of the materials until the close of the polling.
1. At least two members of the voting office must verify the validity of absentee ballots during the polling process; for this purpose, the received reply envelopes must be delivered unopened.
2. Absentee ballots are valid if
1. the voter is registered in the electoral register;
2. the ballot reaches the voting office before the close of the polling process;
3. the voting certificate is signed by hand.
3. The ballot envelopes of absentee ballots recognized as valid must be placed in the ballot box while preserving the secrecy of the vote.
4. Absentee ballots declared invalid are to be treated like invalid ballots; however, the ballots must not be removed from the ballot envelope.
1. With the agreement of the federal government and the interested municipalities, the government council may conduct trials of electronic voting that are limited in terms of location, time, and subject matter.
2. The government council shall regulate the details in directives.
1. The Government Council can ensure electronic voting by Swiss citizens abroad in cooperation with other cantons.
1. For voting in epidemic and pandemic areas as well as in other cases of force majeure, the government council may issue special regulations within the framework of federal law.
1. The ballot boxes from subsidiary polling stations shall be sealed and brought to the main polling station after the conclusion of the voting.
2. Before counting, the ballot envelopes from the various ballot boxes of a municipality are to be mixed.
1. The municipal voting office determines the voting result and makes its decisions by majority vote.
1. The voting office must determine before ascertaining the voting result
1. the number of eligible voters registered in the voting register;
2. the number of ballots cast;
3. the number of blank, invalid, and valid ballots.
1. Ballots are invalid if they
1. are not official;
2. are completed in a manner other than handwritten;
3. do not clearly express the voter's intent;
4. contain defamatory statements or apparent marks;
5. * ...
6. in the case of postal voting, do not meet the requirements according to Art. 21.
2. If a return or voting envelope for the same vote contains multiple ballots, they are all invalid. They are collectively counted as one invalid vote.
3. The reason for invalidity must be noted on the ballots declared invalid.
1. Blank and invalid ballots are disregarded.
2. In votes on substantive issues, the proposal is accepted if the majority of the valid votes cast are in favor.
3. In elections, the candidate with the most votes is elected.
1. The voting result of the municipality is recorded electronically in the cantonal voting program.
1. A record of the results of each vote shall be prepared in triplicate and must be signed by all members of the municipal voting office.
2. The record must include
1. the number of eligible voters;
2. the number of voters who participated;
3. the number of blank, invalid, and valid ballots;
4. the number of votes for "Yes" and "No", or in the case of initiatives with a counter-proposal, the number of "no response" votes;
5. in elections, the number of votes received by each candidate.
3. Two copies of the record shall be submitted to the cantonal voting office in accordance with Article 32, paragraph 2; the third copy of the record shall be kept in the municipal archive.
1. The received ballots shall be packaged, sealed, and labeled with a description of the contents after the minutes have been drafted.
2. They must be submitted to the cantonal voting office no later than one day after the vote, along with two copies of the minutes, but separate from them.
3. The ballots shall be destroyed by the cantonal voting office after the voting results have been confirmed by the Federal Council or the National Council.
1. The cantonal voting office compiles the results of the municipalities based on electronic recording and calculates the preliminary result of the canton.
2. It must report the preliminary result to the Federal Chancellery electronically, by fax, or by telephone.
3. Upon receipt of the voting records, the final voting result is to be determined and brought to the attention of the cantonal government.
1. The sealed ballot papers may only be opened with the consent of the cantonal voting office.
2. The opening and any necessary correction of the result must be recorded in a protocol in triplicate.
1. The Executive Council determines the cantonal voting result based on the voting protocols and any correction protocols.
2. It is to be published in the official gazette, separated by municipalities, with a reference to the possibility of an appeal.
3. The Executive Council communicates the result of the ballot to the Federal Chancellery for the attention of the Federal Council or the National Council, including a copy of all protocols and the official gazette.
1. The issuance of certificates verifying voting rights for signature lists for a facultative referendum or a popular initiative is the responsibility of the population control authority of the competent political municipality.
2. The certificate must specify the number of certified signatures in words or figures; it must be dated and bear the handwritten signature of the certifying person, as well as denote their official capacity with a stamp or additional designation.
3. The voting rights of the signatories can be certified collectively for multiple lists. The directives of the Federal Chancellery are decisive.
1. Violations against the provisions of this law are punishable by a fine, subject to the provisions of the Swiss Criminal Code.
1. The Law of April 26, 1981, on the Proportional Election of the District Council is amended as follows: ...
1. The Implementing Ordinance of November 13, 1981, on the Law concerning Proportional Representation of the District Council (Proportional Representation Ordinance) shall be amended as follows: ...
1. The Law of March 26, 1997, on Political Rights in the Canton (Election and Voting Law) is amended as follows: ...
1. The Law of April 28, 1974, concerning the Organization and Administration of Municipalities (Municipalities Act) is amended as follows: ...
1. The Ordinance of Introduction dated December 17, 1979, concerning Federal Legislation on Political Rights, is repealed.
1. This law is subject to an optional referendum.
2. In accordance with Article 91 paragraph 2 of the Federal Act on Political Rights and Article 8 paragraph 3 of the Federal Act on Political Rights of Swiss Citizens Abroad, it requires the approval of the Federation.
3. The government council determines the time of its entry into force.