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Act on the Election of the Cantonal Council (Proportional Representation Act, PG) (Proporzgesetz, PG) - Allocation of Seats (PG)

26 Articles / Provisions · Switzerland · Canton of Obwalden
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Table of Provisions (26)

Art. 1 Proportional Representation Act, PRA - Allocation of Seats Art. 2 Proportional Representation Act, PRA - Electoral District Art. 3 Proportional Representation Act, PRA - Election Date Art. 4 Proportionality Act, PA - Supplementary Law Art. 5 Proportional Representation Act, PRA Art. 6 Proportional Representation Act, PG Art. 7 Proportional Representation Act, PG - c. Signing Art. 8 Proportional Representation Act, PG Art. 9 Proportional Representation Act, PRA - e. Publication and Edition Art. 10 Proportional Representation Act, PRA - Printing and Delivery Art. 11 Proportional Representation Act, PRA - Exercise of Voting Rights Art. 12 Proportional Representation Act, PRA - Filing of Lists Art. 13 Proportional Representation Act, PRA - Additional Votes Art. 13a Proportional Representation Act, PRA Art. 14 Proportional Representation Act, PRA - Compilation of Results Art. 15 Proportional Representation Act, PR Art. 16 Proportional Representation Act, PRA - Special Cases Art. 17 Proportional Representation Act, PRA - Allocation of Seats to Connected Lists Art. 18 Proportional Representation Act, PRA Art. 19 Proportional Representation Act, PRA Art. 20 Proportional Representation Act, PG - Reappointment of Vacated Seats Art. 21 Proportional Representation Act, PRA Art. 22 Proportional Representation Act, PRA Art. 23 Proportionality Law, PL - Amendment of Existing Law Art. 24 Proportional Representation Act, PRA Art. 25 Proportional Representation Act, PRA - Entry into Force

Statutory Text (26 Articles)

General Provisions

1. The 55 Seats of the Cantonal Council are distributed among the municipalities according to the following procedure

a. The population of the canton is divided by 55. The next higher whole number above the result forms the first distribution number. Each municipality whose population does not reach four times this number receives four seats. It is excluded from further distribution. The population of the remaining municipalities is divided by the number of seats that have not yet been allocated. The next higher whole number above the result forms the second distribution number. Each municipality whose population does not reach four times this number receives four seats. It is excluded from further distribution. This procedure is repeated until the distribution in which the population of the remaining municipalities reaches four times the distribution number.

b. Each remaining municipality receives as many seats as the last distribution number is contained in its population number.

c. The remaining seats are distributed among the municipalities with the largest remainders. If several municipalities reach the same remainder, they are excluded in the order of the smallest remainders, which result from dividing their population number by the first distribution number. If these remainders are also equal, the decision is made by drawing lots.

General Provisions

1. The Governing Council sets the date for the general election of the Cantonal Council.

General Provisions

1. Unless this law explicitly provides otherwise, the following apply

a. for the execution of elections, the Voting Act,

b. for questions of proportional representation, the provisions of the Federal Act on Political Rights shall apply mutatis mutandis.

Preparation of the Elections

1. The nomination lists must contain no more names of eligible persons than there are representatives to be elected in the constituency, and no name may appear more than twice.

2. The individual candidates' names must be listed in a column, one below the other.

3. Substitute proposals for officially deleted names shall be added at the end.

Preparation of the Elections

1. At least eight weeks before election Sunday, the Governing Council shall call for the submission of election proposals in the Official Gazette.

2. Election proposals may be submitted in writing to the municipal office of the electoral district until the 41st day (the sixth-last Monday) before election Sunday. They must be labeled for distinction from other election proposals.

Preparation of the Elections

1. Each nomination must be personally signed by at least five eligible voters residing in the electoral district.

2. An eligible voter may not sign more than one nomination. They cannot withdraw their signature after signing the nomination.

3. The signatories must designate a representative and an alternate for the nomination. If they forgo this, the individuals whose names appear first and second on the list of signatories shall be considered the representative and alternate, respectively.

Preparation of the Elections

1. The amended electoral proposals are called Lists. The Lists are uniformly assigned an ordinal number for the entire canton, which is to be drawn by the Cantonal Council.

2. Two or more electoral proposals may be accompanied by a concordant declaration from the signatories or their representatives, stating by the 37th day (the sixth last Friday) before election Sunday, that the proposals are connected with each other (connected lists).

3. A group of connected lists shall be regarded as a single list in relation to other lists.

Preparation of the Elections

1. The lists, along with their designations and ordinal numbers, as well as the indication of any potential list connections, must be publicly displayed at the municipal office at least three weeks before the election Sunday.

Preparation of the Elections

1. The municipal council shall have the lists printed on paper of the same size and color.

2. The printed lists must be delivered to eligible voters at least three weeks and no more than four weeks before election Sunday, along with a blank ballot of the same size and color, as well as the voting authorization certificate.

3. The blank ballot must contain as many numbered lines as there are representatives to be elected.

Conduct of Elections

**1. The voter may exercise their right to vote using a printed list or by completely or partially filling in the blank ballot paper by hand.**

**2. When using a printed ballot, the voter is free to make handwritten changes. They may strike out printed candidate names; they may enter candidate names from other lists (cross-voting). Additionally, they may strike out the printed ordinal number and list designation or replace it with another.**

**3. It is permissible to list the same name twice (cumulative voting), provided that the name is not already listed twice.**

**4. When using the blank ballot, the voter may only enter the names of candidates who appear on one of the published lists of the electoral district.**

Conduct of Elections

1. In the polling stations, all the lists and blank ballots must be placed in sufficient quantity and clearly visible.

Conduct of Elections

1. If a ballot contains fewer valid candidate votes than the number of members of the Cantonal Council to be elected in the electoral district, the blank lines are counted as additional votes for the list whose designation or order number is indicated on the ballot. If designations and order numbers are missing or if the ballot contains more than one of the submitted list designations or order numbers, the blank lines do not count (empty votes).

2. Names that do not appear on any list of the electoral district are crossed out. However, the votes cast for them are counted as additional votes if the ballot carries a list designation or order number. In the absence of such, these votes do not count (empty votes).

3. In case of a conflict between the list designation and the order number, the list designation prevails.

Conduct of Elections

1. Ballot papers are invalid if they do not contain the name of a candidate from the municipality.

2. If the name of a candidate appears more than twice on a ballot paper, the excess repetitions shall be deleted.

3. If a ballot paper contains more names than there are seats to be allocated, the last names shall be struck out.

Determination of Results

1. After the conclusion of the election, the municipalities record in a protocol

a. the number of eligible voters and the number of those who voted;

b. the number of valid, invalid, and blank ballots;

c. the number of votes each candidate on every list received (candidate votes);

d. the number of additional votes each list received;

e. the total of candidate and additional votes for each list (party votes);

f. for the combined lists, the total number of votes attributable to the list group;

g. the number of blank votes.

Determination of Results

1. The number of valid votes (party votes) of all lists is divided by the number of seats to be allocated, increased by one. The result, rounded up to the next whole number, forms the decisive distribution number.

2. Each list is allocated as many seats as the distribution number can be contained in their number of votes.

3. The remaining seats are distributed as follows: The number of votes for each list is divided by the number of seats already allocated to it, increased by one. The list that achieves the largest number in this process is allocated one additional seat. This procedure is repeated until all seats are distributed.

Determination of Results

1. If the division according to Article 15, paragraph 3 results in two or more equal numbers, the list that had the largest remainder when divided according to Article 15, paragraph 2 takes precedence.

2. If the party vote numbers of these lists are also equal, then the list on which the candidate under consideration for election received the most votes takes precedence.

3. If the vote numbers of the candidates are also equal, the decision is made by drawing lots.

Determination of Results

1. Each group of interconnected lists shall initially be treated as a single list in the allocation of seats.

2. The seats shall be distributed among the individual lists of the group in accordance with Articles 15 and 16.

Determination of Results

1. From each list, the candidates who have received the most votes are elected according to the mandates achieved.

2. The unelected candidates are substitutes in the order of the votes they received.

3. In the event of a tie, the order is determined by drawing lots.

Determination of Results

1. If a list is allocated more mandates than it has candidates, a supplementary election shall be conducted for the surplus mandates in accordance with Article 21.

Determination of Results

1. The filling of seats in the Cantonal Council in the event of a vacancy occurring during the term of office is carried out in such a manner that the municipal council declares elected the non-elected candidate from the list on which the departing member was elected, who received the most votes. In the case of an equal number of votes, the order of candidates on the list is decisive.

2. In the event of the death, ineligibility, or resignation of a substitute member, the next in line takes their place.

Determination of Results

1. If there is no eligible substitute available on the relevant list or on the associated lists within the relevant individual list, a by-election shall take place.

2. For the by-elections, initially only the signatories of the list to which the departed members of the cantonal council belonged have the right to submit a proposal. They are authorized to replace co-signatories of the original list, whose signature cannot be obtained, by involving other eligible voters.

3. If the signatories of the original list do not exercise their right of proposal or cannot agree on a proposal, the by-elections shall be conducted in accordance with the regulations applicable to the main elections, wherein, however, the relative majority shall be decisive for the by-election of a single vacated seat, and in the event of a tie, the municipal council shall decide by drawing lots.

Final Provisions

1. The Cantonal Council may issue implementation regulations by ordinance.

2. The Government Council shall issue detailed provisions concerning the conduct of each general renewal election.

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