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Act on Referendums and Elections by the People and the Exercise of Political Rights (Elections Act) (Wahlgesetz) - Types of Votes and Elections

91 Articles / Provisions · Switzerland · Canton of Schaffhausen
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Table of Provisions (91)

Art. 1 Electoral Law - Types of Votes and Elections Art. 2 Electoral Law - Scope of Application Art. 2a Election Law - Election of the Council of States Art. 2b Election Law - Cantonal Council Election: General Provisions Art. 2c Electoral Law - Upper Allocation Art. 2d Electoral Law - Subdivision Art. 2e Electoral Law - Allocation of Seats Within Lists Art. 2f Election Act Art. 2g Election Law - Allocation of List Numbers Art. 2h Election Act - Implementing Provisions Art. 3 Election Law - Regulations of the Municipalities Art. 4 Electoral Law - Right to Vote and Election Art. 6 Election Law - Right to Vote and Eligibility to Stand for Election Art. 7 Election Law - Unauthorized Exercise Art. 9 Election Law - Voting Obligation and Participation Obligation Art. 10 Electoral Law - Grounds for Excuse Art. 11 Electoral Law - Disputed Right to Vote Art. 12 Electoral Law - Voting Rights, Identification Art. 13 Election Law - Electoral Register Art. 13bis Electoral Law - Voting Register for Swiss Citizens Abroad Art. 14 Election Act - Identification Cards Art. 15 Election Act - Ballot Paper Art. 15bis Electoral Law - Design of Ballots Art. 15ter Election Law - Electronic Voting Art. 16 Election Law - Place of Exercise of the Right to Vote Art. 17 Election Law Art. 18 Election Law - Election and Voting Dates Art. 19 Election Law Art. 20 Election Law - Cantonal Election Office Art. 21 Election Law Art. 22 Electoral Law - Determination of the Result Art. 23 Electoral Law - Protocol Art. 24 Electoral Law Art. 25 Electoral Law - Compilation of the Result Art. 26 Election Law Art. 26a Election Law - Recount Art. 27 Electoral Law - Safekeeping of Ballots Art. 28 Election Law - Publication of the Result Art. 29 Electoral Law - Technical Aids Art. 29bis Election Law - Implementing Provisions Art. 29ter Electoral Law - Electronic Data Processing Program Art. 30 Election Act Art. 32 Election Act Art. 33 Election Law - Variants Voting Art. 43 Election Law Art. 44 Election Law Art. 45 Electoral Law Art. 46 Electoral Law Art. 47 Election Law Art. 48 Electoral Law - Supervision of Voting Art. 49 Election Law Art. 50 Electoral Law - Delivery of Ballot Papers Art. 51 Election Act - Voting Art. 53 Election Law - Act of Voting Art. 53bis Election Law Art. 53quater Electoral Law Art. 53quinquies Election Law - Representation Art. 53sexies Electoral Law - Voting by Disabled Persons Art. 53ter Electoral Law - Invalidity Art. 54 Election Law - Counting Art. 54a Electoral Law Art. 55 Election Law Art. 56 Election Law Art. 57 Electoral Law Art. 58 Election Law Art. 59 Electoral Law - Validity of Ballots Art. 60 Election Law - Continuation of the Election Art. 61 Election Law - Notification to the Elected Art. 62 Election Law - Election of Deputies Art. 63 Election Law - Over-Election Art. 64 Electoral Law Art. 66 Election Law Art. 67 Election Law Art. 68 Electoral Law Art. 68bis Electoral Law Art. 69 Election Law Art. 71 Election Law Art. 72 Election Law Art. 73 Election Law Art. 74 Electoral Law Art. 76 Election Law Art. 77 Election Law Art. 78 Election Act Art. 78bis Election Law Art. 79 Election Law Art. 80 Electoral Law Art. 81 Electoral Law Art. 82 Electoral Law Art. 82bis Election Act Art. 82ter Election Law Art. 83 Electoral Law - Commencement

Statutory Text (91 Articles)

Procedures for Voting and Elections - General Provisions

1. The votes and elections to be conducted by the eligible voters of the canton are

a) federal

b) cantonal

c) local

Procedures for Voting and Elections - General Provisions

1. This law is applicable to the procedure for

a) federal referenda and elections - subject to the existing federal statutory provisions

b) * cantonal referenda and elections

c) * referenda and elections in the municipal community

2. For ecclesiastical referenda and elections, the existing special provisions on this matter are applicable.

Procedures for Voting and Elections - General Provisions

1. The election of the Schaffhausen members of the Council of States is conducted throughout the canton as a single electoral district and follows the majority voting system.

2. Their term of office begins and ends with that of the National Council.

Procedures for Voting and Elections - General Provisions

1. The cantonal council election shall be conducted according to the double proportional seat allocation method.

2. Lists with the same designation form a list group within the canton.

3. List connections are excluded.

Procedures for Voting and Elections - General Provisions

1. The number of votes for a party list is divided by the number of seats to be allocated in the respective electoral district. The result is called the voting number of the list.

2. In each list group, the voting numbers of the lists are totaled. This sum is divided by the cantonal election key and rounded to the nearest whole number. The result represents the number of seats for the respective list group.

3. The State Chancellery sets the cantonal election key so that 60 seats are allocated according to the procedure in paragraph 2.

Procedures for Voting and Elections - General Provisions

1. The number of party votes for a list is divided by the electoral district divisor and the list group divisor and rounded to the nearest whole number. The result indicates the number of seats for this list in an electoral district.

1bis. In each electoral district, the party with the most votes receives at least one seat, provided they are entitled to at least one seat according to the major allocation.

2. The State Chancellery determines an electoral district divisor for each electoral district and a list group divisor for each list group such that when proceeding according to paragraph 1

a) each electoral district receives the number of seats assigned to it by the Cantonal Council

b) each list group receives the number of seats to which it is entitled according to the major allocation.

Procedures for Voting and Elections - General Provisions

1. The seats allocated to a list are distributed among the candidates according to the number of votes each candidate received. In the event of a tie, the order is determined by drawing lots.

2. The candidates who are not elected become substitutes in the order of their candidate votes.

3. If a list is allocated more seats than it has candidates, the majority of the signatories of the list have the right to submit an election proposal.

Procedures for Voting and Elections - General Provisions

1. The nomination proposals for the Cantonal Council election must be submitted to the competent authority no later than the 62nd day (on the penultimate Monday) before the election day.

Procedures for Voting and Elections - General Provisions

1. Allocation of List Numbers in Federal, Cantonal, and Municipal Proportional Elections is determined according to the electoral strength of the lists in the last Cantonal Council election. The allocated list number applies to all types of proportional elections.

2. Lists that did not participate in the last Cantonal Council election are considered newly submitted lists in the respective federal, cantonal, and municipal proportional elections.

3. Newly submitted lists receive numbers not yet assigned to existing lists. Allocation occurs in the order of their submission.

4. Lists from different electoral districts but with the same designation receive the same list number.

5. A differing agreement regarding the allocation of list numbers among the representatives of the lists is reserved.

Procedures for Voting and Elections - General Provisions

1. The Executive Council issues the additional implementing provisions.

Procedures for Voting and Elections - General Provisions

1. The resolutions adopted by the municipalities pursuant to the Municipal Act regarding the conduct of elections in assemblies or by ballot and the delegation of elections and decisions to the municipal councils and the residents' councils must be submitted to the government council for information.

Procedures for Voting and Elections - General Provisions

1. Eligible to vote and elect in the sense of Art. 23 para. 1 of the Cantonal Constitution are all Swiss citizens residing in the canton who have reached the age of majority. Excluded are persons who are under comprehensive guardianship due to permanent incapacity of judgment or who are represented by a person with a power of attorney for precautionary measures.

Procedures for Voting and Elections - General Provisions

1. For the purposes of Article 4 of this law, entitled to vote and stand for election are

a) * in referendums and elections at the municipal assembly: citizens residing in their place of origin

b) * in consultations, referendums, and elections of the local municipalities as well as in cantonal referendums and elections: active citizens residing in the municipality

c) * in federal referendums and elections: those entitled to vote under federal law

Procedures for Voting and Elections - General Provisions

1. Unlawful Exercise of Voting Rights is Prosecuted in Accordance with the Provisions of the Criminal Code.

Procedures for Voting and Elections - General Provisions

1. Participation in federal, cantonal, and municipal referendums and elections, as well as in municipal assemblies, is mandatory until the age of 65. Anyone who neglects this duty without an excuse is required to pay CHF 6.00.

Procedures for Voting and Elections - General Provisions

1. Grounds for Excuse Include, in Particular

a) Absence Due to Vacation

b) Professional or Family Obligations

c) Absence Due to Illness or Accident

d) Military and Civil Protection Service

2. Excuses Must Be Submitted Stating the Reasons No Later than the Third Day Following the Voting or Meeting.

3. The Municipal Council Decides on Disputed Grounds for Excuse.

4. The Return of the Voting Credential Within Three Days After the Voting or Meeting, Pursuant to Article 14 Paragraph 3 of the Law, Also Constitutes an Excuse.

Procedures for Voting and Elections - General Provisions

1. On issues regarding the right to vote that arise prior to the municipal assembly or election, the municipal council shall decide; on issues during an assembly or election, the office shall decide.

2. ...

Procedures for Voting and Elections - General Provisions

1. The right to exercise one's active citizenship in a specific place is established by the entry in the electoral register of that place.

Procedures for Voting and Elections - General Provisions

1. The electronically maintained population register serves as the electoral register and includes all individuals eligible to vote in federal, cantonal, and municipal matters.

2. They must contain the names of all eligible voters, divided into local citizens and residents.

3. The electoral registers are closed five days prior to the voting or election day for each specific vote or election.

4. Every eligible voter is entitled to inspect the electoral registers.

Procedures for Voting and Elections - General Provisions

1. Voting municipalities shall maintain the electoral register for Swiss citizens abroad in accordance with the Federal Act on the Political Rights of Swiss Citizens Abroad.

2. The Government Council may, by means of an ordinance, provide for the centralized management of the electoral register for Swiss citizens abroad by the canton or a municipality and regulate the details.

Procedures for Voting and Elections - General Provisions

1. Every eligible voter shall be issued a certificate at the earliest four weeks and at the latest three weeks before the voting day, at the latest ten days before the election day, or three days before the municipal assembly, which must be presented when exercising the right to vote.

2. This certificate must correspond in terms of name and number with the voter registration.

3. If the eligible voter does not participate in the ballot or the assembly, the certificate must be returned to the competent authority within three days.

4. ...

5. The costs of the certificates and the delivery envelopes for postal voting (Art. 50) shall be borne by the municipality.

Procedures for Voting and Elections - General Provisions

1. Official ballots must be used for voting in cantonal referendums and elections.

2. These ballots are provided by

a) for cantonal referendums and elections: the State Chancellery

b) for elections in combined electoral districts: the principal town of the electoral district

c) for municipal referendums and elections: the municipality itself

3. In the case of point b, the state treasury reimburses the municipalities for the costs of ballots and publications.

Procedures for Voting and Elections - General Provisions

1. The ballot paper may contain a checkbox labeled "Yes" and a checkbox labeled "No" for each voting question.

2. Municipalities may list the voting questions of federal, cantonal, and communal proposals continuously numbered and clearly separated on the same ballot paper. Such ballot papers must be produced by the municipalities at their own expense and submitted to the State Chancellery for approval before being sent to the voters.

Procedures for Voting and Elections - General Provisions

1. The government council may also introduce voting by electronic means on a trial basis. It shall ensure that a complete and accurate recording of all votes is guaranteed, the confidentiality of votes is maintained, and that abuses in the exercise of voting rights and in the determination of the results are excluded.

Procedures for Voting and Elections - General Provisions

1. The eligible voter exercises their political rights at their place of residence.

Procedures for Voting and Elections - General Provisions

1. The municipal community serves for the exercise of federal, cantonal, and local political rights.

Procedures for Voting and Elections - General Provisions

1. The dates for referendums and elections on cantonal matters shall be set by the government council.

Procedures for Voting and Elections - General Provisions

1. Municipalities are obligated to provide opportunities for ballot submission at the polls on the two days immediately preceding voting or election day.

2. Municipalities are authorized, by resolution of the municipal assembly or the residents' committee, to permit early voting on one or two additional immediate days preceding the voting day.

3. For early voting, all or some of the ballot boxes are to be set up for a specific period, or voters are to be given the opportunity to submit their ballots in a sealed envelope at the municipal office.

4. On voting day, the ballot boxes must be closed at 11:00 AM.

Procedures for Voting and Elections - General Provisions

1. In federal and cantonal referendums and elections, the State Chancellery serves as the cantonal election office.

Procedures for Voting and Elections - General Provisions

1. In cases under Art. 15 para. 2 lit. a, the Government Council shall set the date for the vote or election and make the necessary arrangements; in cases under Art. 15 para. 2 lit. b, the mayor of the principal municipal area of the electoral district shall set the date; and in cases under Art. 15 para. 2 lit. c, the mayor shall determine the date for the vote or election and make the necessary arrangements.

2. The date of the vote must be announced at least two weeks in advance for elections in composite electoral districts (Art. 15 para. 2 lit. b), and at least four weeks in advance for municipal votes, prior to the first vote or election day set by the municipality.

3. The provisions on the proportional electoral system and elections without a voting process (silent elections) shall be reserved.

Procedures for Voting and Elections - General Provisions

1. The result of the vote or election shall be recorded in the minutes.

2. The minutes shall be signed by all members of the electoral office present.

3. Anyone who disagrees with the content of the minutes must note their objections therein, stating the reasons.

Procedures for Voting and Elections - General Provisions

1. The protocol must contain the following information

a) Location and time of the vote or election

b) Number of eligible voters in the municipality

c) Number of submitted ballots

d) * Number of blank, valid, and invalid votes cast (see Art. 40 and 59)

e) The absolute majority (see Art. 14)

f) The number of Yes and No votes and the indication of acceptance or rejection for votes

g) The names of the elected candidates with the number of votes received

2. If not all elections have been concluded, the protocol must also indicate the names of those who received the most votes.

Procedures for Voting and Elections - General Provisions

1. In all voting processes and in elections for the first ballot, an absolute majority applies. This is calculated based on the valid votes cast; blank votes and invalid ballots are disregarded.

2. In elections, the valid votes are divided by twice the number of positions to be filled. The next higher whole number is the absolute majority.

3. In voting processes, the valid votes are divided by two. The next higher whole number is the absolute majority.

Procedures for Voting and Elections - General Provisions

1. If the voting or electoral district consists of multiple municipalities, the protocol must be delivered immediately after drafting and signing to

a) the State Chancellery, if the canton constitutes only one district

b) * in other cases, the office of the main place or an authority designated by the State Chancellery

2. The offices mentioned under a and b ascertain the overall result based on the individual protocols and record this in a protocol. The provisions of Art. 23 of this law also apply in this regard.

3. In these cases, the individual protocols must omit details regarding the absolute majority and the names of the elected individuals.

Procedures for Voting and Elections - General Provisions

1. For the purpose of promptly determining the preliminary voting or election result, the outcome must be communicated to the main office without delay in an appropriate manner.

Procedures for Voting and Elections - General Provisions

1. In cantonal and communal referendums and elections, a recount is conducted ex officio if the difference amounts to less than 0.3 percent of the votes cast. A recount is conducted in any case if the difference amounts to less than six votes.

2. Additionally, the Cantonal Government orders a recount in cantonal referendums and elections, and the Municipal Council orders a recount in communal referendums and elections if there are indications of irregularities.

Procedures for Voting and Elections - General Provisions

1. The ballots are to be immediately sealed and preserved until the definitive confirmation of the election, at which point they shall be destroyed.

Procedures for Voting and Elections - General Provisions

1. The Result of the Vote or Election is to be Published by Public Announcement in All Participating Municipalities or through Publication in the Official Gazette or in the Daily Newspapers, and the Individual Results of the Municipalities as well as the Overall Result of the District are to be Specified.

Procedures for Voting and Elections - General Provisions

1. Technical aids may be used to determine the results of elections and votes. These aids must be approved by the State Chancellery.

Procedures for Voting and Elections - General Provisions

1. The Executive Council shall issue the necessary implementing provisions.

2. It shall regulate the exercise of the voting and election rights for persons who are permanently incapable of performing the necessary actions for voting themselves due to disability or another reason.

Procedures for Voting and Elections - General Provisions

1. In proportional representation elections, a computer program is used for recording and determining the results. The organization of result recording and determination is the responsibility of the State Chancellery. Result recording can take place centrally or in the main locations of electoral districts. The costs are covered by the canton. The municipalities must comply with the technical requirements set by the canton.

Procedures for Voting and Elections - Special Provisions for Voting

1. Federal and cantonal votes are conducted by ballot in all municipalities.

2. Votes in the municipality are held at the municipal assembly, unless the law or the municipal constitution provides for voting by ballot.

3. For votes conducted by ballot, the provisions regarding ballot elections apply correspondingly.

Procedures for Voting and Elections - Special Provisions for Voting

1-2

...

3. In federal and cantonal votes, eligible voters receive the proposals with explanations from the municipality at least three weeks before the voting. The distribution of the voting materials occurs no earlier than four weeks and no later than three weeks before the voting day.

4. Municipalities may deliver proposals and explanations by household, unless a member of the household eligible to vote requests personal delivery. Further details are regulated by an ordinance.

Procedures for Voting and Elections - Special Provisions for Voting

1. Parts or variants of a comprehensive proposal can be put to a vote either in advance or simultaneously.

2. If a variant is opposed to a regulation in a comprehensive proposal, the Cantonal Council's decision on the variant will be voted on separately in the event of a simultaneous vote.

3. In the case of variant voting instead of a comprehensive proposal, the same voting procedure as for a counter-proposal to an initiative shall be used.

Procedure for Voting and Elections - Special Provisions for Elections

1. Federal and cantonal elections shall be conducted in accordance with the specific legal provisions

a) throughout the entire canton as a single electoral district

b) within the electoral districts for the Cantonal Council

Procedure for Voting and Elections - Special Provisions for Elections

1. All federal and cantonal elections entitled to the people shall be held by ballot.

Procedure for Voting and Elections - Special Provisions for Elections

1. Subject to Article 6 of the Municipal Act, the municipal constitution regulates which elections take place in the municipal assembly or at the polls.

Procedures for Voting and Elections - Special Provisions for Elections

1. The procurement of ballot boxes is the responsibility of the municipalities.

Procedure for Voting and Elections - Special Provisions for Elections

1. The ballot boxes shall be placed in suitable public locations on the day of the election, and kept sealed.

2. In larger municipalities, multiple ballot boxes may be set up at different locations.

Procedures for Voting and Elections - Special Provisions for Elections

1. The casting of votes at the polls is to be supervised by two members of the electoral office or by substitutes appointed by the office of the resident municipality.

2. If the eligibility to vote appears doubtful, the exercise of the voting right must be prohibited. Rejected individuals may appeal to the electoral office (Art. 11).

3. The persons entrusted with supervising the voting process are prohibited from

a) opening the ballot box prematurely

b) filling out ballots for third parties

c) distributing ballots

Procedures for Voting and Elections - Special Provisions for Elections

1. The duration for casting ballots shall not be less than one hour.

Procedures for Voting and Elections - Special Provisions for Elections

1. The ballot paper shall be delivered to the eligible voter, subject to Article 53quater, with a delivery envelope for postal voting at the earliest four weeks and at the latest three weeks before the voting day, or at least ten days before the election day.

Procedure for Voting and Elections - Special Provisions for Elections

1. The secrecy of the vote must be preserved.

2. Voting in the ballot box election is done by writing the name of the candidate or candidates on the ballot paper, while in a ballot box referendum, by marking the ballot paper with "Yes" or "No" and placing the paper in the ballot box.

Procedure for Voting and Elections - Special Provisions for Elections

1. Voters must personally place the ballot into the ballot box at the time of voting, upon surrendering their voting card.

2. Subject to the provisions of Articles 19, 53bis, 53ter, 53quater, and 53quinquies.

Procedures for Voting and Elections - Special Provisions for Elections

1. Anyone wishing to vote by mail must submit a delivery envelope to the municipal office, marked with the sender's information and the note "Postal Vote."

2. The delivery envelope must contain

a) the voter identification card, unless the official delivery envelope serves as the voter ID

b) the ballot papers in a sealed envelope (ballot envelope)

3. The eligible voter confirms with their signature on the voting rights certificate that the casting of the vote corresponds to their will.

4. Postal voting is permitted from the delivery of the voting materials. The delivery envelope must reach the municipality by the closing of the polls on the voting day.

5. If the postal service is used, delivery envelopes that are not or insufficiently stamped will be refused.

6. The election office checks the eligibility to vote and the validity of the postal vote. Valid ballot envelopes are placed unopened into the ballot box.

Procedure for Voting and Elections - Special Provisions for Elections

1. Municipalities may provide that eligible voters receive an official delivery envelope only upon request.

2. ...

3. They may provide for the assumption of postage costs for voting by mail.

4. Such deviating regulations of the municipalities are to be communicated to the State Chancellery.

Procedures for Voting and Elections - Special Provisions for Elections

1. Voting by Proxy is Permitted in the Following Cases

a) Family members living in the same house and persons residing in the same household may be represented when casting their ballot.

b) Eligible voters who are over the age of 65, as well as those who are ill or infirm, may be represented by another eligible voter.

2. The representative must submit, in addition to their own, the voting certificate of the person they are representing when casting the vote. No one may submit more than two ballots on the same matter.

Procedures for Voting and Elections - Special Provisions for Elections

**1. Voters unable to perform the necessary actions for voting due to permanent invalidity or other reasons may authorize a qualified voter of their choice to do so on their behalf. The appointed proxy must complete the voting or election ballots according to the instructions of the represented individual.**

**2. At the ballot box, the vote may be cast by the proxy upon presentation of the authorization, enclosed in an envelope.**

**3. In the case of postal voting, the name, address, and signature of the proxy must also be included.**

Procedure for Voting and Elections - Special Provisions for Elections

1. Postal Voting is Invalid When

a) The signature of the eligible voter is missing on the voting certificate

b) The delivery envelope contains more than one voting certificate

c) The delivery envelope arrives late

2. Invalid postal votes are to be marked with an appropriate note and preserved until the final settlement of any potential complaints.

Procedure for Voting and Elections - Special Provisions for Elections

1. The opening of the sealed ballot boxes and the verification of the voting results occur after the closing of the ballot boxes on the voting day. At least the absolute majority of the members or the substitutes of the electoral office must be present.

2. The electoral office may, with the approval of the state chancery, set an earlier time on the voting day to commence the counting process. It ensures that no partial results are released to the public.

3. Reserved is the early opening of the ballot envelopes or the ballot boxes and the preparation of the counting in accordance with Art. 54a.

Procedure for Voting and Elections - Special Provisions for Elections

1. Postal ballots may be opened and placed in the ballot box starting from the Friday before the voting day. At least three members or substitutes of the election office who represent different voter groups must be present. The counting and presorting of votes or the dissemination of information regarding election results or trends is not permitted.

2. The preparation of ballots for counting may begin on the Saturday before the voting day. Sorting is not allowed. At least three members or substitutes of the election office who represent different voter groups must be present.

Procedure for Voting and Elections - Special Provisions for Elections

1. For the expedited execution of counting tasks, multiple offices may be established. Each counting office must consist of at least two individuals who can cross-check each other.

Procedure for Voting and Elections - Special Provisions for Elections

1. A member of the election office must recuse themselves as soon as their election is seriously under consideration. The office decides on this matter.

Procedure for Voting and Elections - Special Provisions for Elections

1. Eligible voters shall be granted free access to the counting room, subject to the availability of space.

Procedure for Voting and Elections - Special Provisions for Elections

1. The chairperson of the electoral office exercises disciplinary authority in the counting room. They are entitled to expel disruptive elements; in the event of an objection, the office decides.

Procedure for Voting and Elections - Special Provisions for Elections

1. The validity of a ballot paper is determined by the office.

2. The partial or complete invalidity of a ballot paper is assessed according to the following provisions

a) A ballot paper containing more names than positions to be filled is invalid.

b) A ballot paper containing fewer names than positions to be filled is valid.

c) * A name that appears multiple times on a ballot paper is only counted once.

d) The person must be designated in such a way that there is no doubt about their identity; otherwise, the name does not count.

e) Inaccurate ballot papers are invalid to the extent that they are inaccurate; the accurate designations are valid.

f) * Non-official or non-handwritten ballot papers are, subject to differing provisions regarding the proportional voting system, invalid.

g) * Ballot papers containing defamatory statements or obvious markings are invalid.

h) * If an envelope contains more than one ballot paper for the same election or vote, all are invalid.

i) * Ballot papers are invalid in a proportional voting system if they do not bear a control stamp.

Procedure for Voting and Elections - Special Provisions for Elections

1. If an election does not take place in the first ballot, a relative majority is decisive in the second ballot.

2. In the case of ballot box elections, the supplementary election must generally not be scheduled later than two months after the first ballot.

Procedure for Voting and Elections - Special Provisions for Elections

1. The main office shall immediately notify the elected individual of the election. If he does not decline within forty-eight hours of receiving the notification, the election is deemed accepted.

2. If the elected individual has been assigned multiple mandates for positions that are mutually incompatible, he must promptly inform the office in writing which election he accepts.

Procedure for Voting and Elections - Special Provisions for Elections

1. Deputies are to be elected only after the regular officeholders.

Procedure for Voting and Elections - Special Provisions for Elections

**1. If more candidates achieve the absolute majority than there are positions available, the candidate with the higher number of votes takes precedence. If one of the elected candidates declines the position before their election is officially confirmed, it benefits the remaining candidates. In the event of a tie, the decision is made by drawing lots among the candidates.**

Procedures for Voting and Elections - Special Provisions for Elections

1. Elections in municipalities according to Art. 6 of the Municipal Law, as well as district elections, must be reported to the State Chancellery.

Procedure for Voting and Elections - Special Provisions for Elections

1. The Government Council (Art. 43 lit. a), the main office of the headquarters (Art. 43 lit. b), and the municipal office in local elections shall notify of the election

a) the elected person

b) the office or authority for which an election has been conducted

Exercise of Popular Rights - General Provisions

1. Initiative, recall, and referendum requests must be submitted in writing to the government council.

2. The eligible voter who wishes to submit the request must write their name by hand and legibly on the signature list, and additionally append their own handwritten signature. Voters who are unable to write may have their name inscribed by an eligible voter of their choice. This person shall add his or her own signature to the name of the person unable to write.

3. It is not permissible to include requests of different types in the same submission.

Exercise of People's Rights - General Provisions

1. The Request Must Be Made on Signature Sheets. To be valid, they must contain

1. the name of the municipality in which the signatories are eligible to vote

2. the wording of the request

3. the notice that falsifying the result of the signature collection is a criminal offense

4. for initiative requests, an unconditional withdrawal clause as well as the name and address of the originator or originators of the initiative (initiative committee)

2. Only active citizens residing in the same municipality may sign on the same sheet.

3. Before the commencement of the signature collection, the State Chancellery shall determine whether the signature sheets comply with legal forms.

Exercise of Popular Rights - General Provisions

1. On the signature sheet, the mayor, the municipal secretary, or the person managing the resident register must certify that the signatories are eligible to vote in the respective municipality.

2. The certification must indicate the number of certified signatures in words or figures; it must be dated and bear the handwritten signature of the certifying official. The issuance of the certification is free of charge.

3. If an eligible voter has signed multiple times, only one signature will be certified.

4. Insofar as the establishment of a petition depends on it, deficiencies in the certification can still be rectified after submission to the government council and, for referendum petitions, even after the expiration of the referendum period.

Exercise of Popular Rights - General Provisions

1. Once a petition has been submitted, the Government Council determines the number of valid signatures and publishes the results, organized by municipality, in the Official Gazette.

2. The following signatures are deemed invalid

1. Signatures lacking a certification of voting rights, or where such certification is incomplete or incorrect.

2. Signatures from petitioners whose voting rights have not been certified within the referendum period, or in the case of initiative or recall petitions, within the two-month period counted back from the date of receipt of the petition by the competent authority.

3. For referendum petitions, signatures on sheets submitted after the expiry of the referendum period.

4. Signatures on sheets that do not comply with the provisions of Article 68.

5. Signatures that are evidently signed by the same hand.

3. If the number of valid signatures is 1000 or more, the Government Council, in the case of a recall or referendum, orders the corresponding vote and, in the case of an initiative, notifies the Cantonal Council or the Constitutional Council, both within 30 days from the submission of the petition.

4. Submitted signature sheets will not be returned and are subject to official secrecy. Information may be requested regarding declarations of invalidity.

Exercise of Popular Rights - Special Provisions - Referendum

1. If the proposal is adopted in the referendum, the governing council shall promulgate the law or decision at the time determined by the cantonal council in the enactment itself, and shall arrange for its execution and inclusion in the official compendium of laws. Furthermore, a report must be submitted to the cantonal council in the next session, along with the presentation of the records.

Exercise of Popular Rights - Special Provisions - Referendum

1. If the vote on the proposal has taken place in separate parts, then in the event of only partial acceptance, the accepted part shall be promulgated as a separate law or as a separate resolution.

Exercise of Popular Rights - Specific Provisions - Referendum

1. If the proposal has not been accepted, it shall be declared by the government council as void.

Exercise of Popular Rights - Special Provisions - Referendum

1. If a law is to be further executed in certain parts by decree of the Cantonal Council, this must be specified within the law itself.

Exercise of Popular Rights - Special Provisions - Popular Initiative

1. If a popular initiative contravenes superior law, is impracticable, or violates the unity of form or matter, the initiative shall be declared invalid by the Cantonal Council.

2. The unity of matter is maintained if there is a substantive connection between the different parts of an initiative.

3. The unity of form is maintained if the initiative is presented exclusively in the form of a general proposal or a drafted plan.

Exercise of Popular Rights - Special Provisions - Popular Initiative

1. If a valid request is submitted, the Cantonal Council must decide within 6 months after the submission of the request whether to approve it, reject it, or propose a counterproposal to an initiative in the form of a drafted proposal.

2. If the Cantonal Council agrees with an initiative in the form of a general suggestion or if the people have approved an initiative in the form of a general suggestion, then a proposal in accordance with the initiative must be drafted within 18 months after the decision and be discussed by the Cantonal Council within an additional 6 months.

3. If a counterproposal is to be presented against a drafted proposal or a proposal that has been drafted based on a general suggestion, the corresponding proposal must be drafted within 18 months and reviewed by the Cantonal Council within an additional 6 months.

4. The public vote on the proposal must take place within 6 months after the consultation in the Cantonal Council.

Exercise of Popular Rights - Special Provisions - Popular Initiative

**1. Should the Cantonal Council decide on a counter-proposal, three questions shall be presented to the voters on the same ballot paper. Each voter may express without restrictions:**

1. whether they prefer the initiative over the current law

2. whether they prefer the counter-proposal over the current law

3. which of the two proposals should come into force, should the populace prefer both proposals over the current law

**2. The absolute majority is determined separately for each question. Unanswered questions are disregarded.**

**3. If both the initiative and the counter-proposal are accepted, the result of the third question shall decide. The proposal that receives more votes in this question shall come into force; in the event of a tie, the proposal considered accepted shall be the one that received more 'yes' votes in the first two voting questions.**

Exercise of Popular Rights - Special Provisions - Popular Initiative

1. Any initiative may be withdrawn by the originator or by the majority of the initiative committee.

2. Withdrawal is permissible until the government council has scheduled the popular vote on the initiative request. If an initiative is in the form of a general suggestion and the cantonal council agrees to it, the withdrawal is allowed until the decision of approval.

Exercise of Popular Rights - Special Provisions - Popular Initiative

1. In the case of a popular initiative concerning the total revision of the cantonal constitution, the referendum must be conducted within 12 months following the submission of the request.

Exercise of People's Rights - Special Provisions - Recall

1. If the result of the vote on a recall results in the latter being pronounced, the government council declares the concerned authority dissolved and orders a new election.

Exercise of Popular Rights - Special Provisions - Recall

1. Convening

a) * Following the dismissal of the Cantonal Council or Constitutional Council, the newly elected Cantonal Council or Constitutional Council shall convene within 30 days from the time when two-thirds or more of the members are newly elected, upon summons by the Government Council.

b) * Following the dismissal of the Government Council, the Cantonal Council shall convene within 14 days from the time when the new election of the Government Council is completed, upon summons by the previous Government Council, for the swearing-in and constitution of the new Government Council and for the transition of office to the same.

Exercise of People's Rights - Special Provisions - Recall

1. If there are simultaneously valid requests for the dismissal of the Cantonal Council and for the dismissal of the Government Council, the former must be dealt with first.

4. Administration of Justice

1. An appeal can be filed with the Government Council

a) against decisions of the municipal council or the office regarding the violation of voting rights in elections and referenda (Art. 11)

b) for violation of voting rights in the exercise of popular rights

c) for irregularities in the preparation or conduct of an election or referendum

2. The appeal must be submitted in writing and by registered mail within three days from the discovery of the grounds for the appeal, but no later than the third day after the publication of the result.

4. Administration of Justice

1. The Executive Council shall decide within 14 days after receipt of the complaint. Article 79 paragraph 1 of the Federal Act on Political Rights remains reserved.

2. The complaint shall be dismissed without further examination if the alleged irregularities, by their nature or scope, were not capable of significantly affecting the result of the vote or election.

3. An administrative court complaint can be filed in writing and by registered mail with the Higher Court within 5 days from the notification of the Executive Council's decision.

4. No costs shall be imposed in these complaint proceedings. However, in cases of frivolous complaints or those made in bad faith, costs may be imposed on the complainant.

4a. Complaints against elections shall only have a suspensive effect if granted by the appellate authority.

5. Otherwise, the procedure shall be conducted analogously according to the provisions of the Act on Legal Protection in Administrative Matters.

Final Provisions

1. This law shall come into force on October 1, 1904, provided it is accepted by the people, and shall be implemented by the government council.

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