Legislator Case Law & Legislation
2.1201 WAVG CH-UR

Act on Secret Elections, Referendums and Popular Rights (WAVG) - Scope (WAVG)

105 Articles / Provisions · Switzerland · Canton of Uri
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Table of Provisions (105)

Article 1 WAVG - Scope **Article 2 WAVG - Introduction of the Urn System in Municipalities** Article 2a WAVG - Introduction of Silent Elections in Municipalities Article 3 WAVG - Content and Entitlement Article 4 WAVG - Exercise **Article 5 WAVG - Proof** Article 6 WAVG Article 7 WAVG - Voting Register: Principles Article 8 WAVG - Voting Register: Management Article 9 WAVG - Voting Register: Right to Object Article 9a WAVG - Swiss Citizens Abroad Article 10 WAVG - Urn Office: Election and Composition Article 11 WAVG **Article 12 WAVG - Local** Article 13 WAVG - Urns Article 14 WAVG Article 15 WAVG - By-Elections, Replacement Elections **Article 16 WAVG - Order** Article 17 WAVG - Urn Opening Time: Voting and Election Day Article 18a WAVG - Right to Propose Article 18b WAVG - Election Date, Deadline for Submission of Nominations Article 18c WAVG - Number and Designation of Proposed Persons Article 18d WAVG - Designation of the Electoral Proposal Article 18e WAVG - Signing and Withdrawal of the Election Proposal Article 18f WAVG Article 18g WAVG - Inspection of the Electoral Proposals Article 18h WAVG Article 18i WAVG Article 18k WAVG - Silent Election Article 18l WAVG Article 19 WAVG - Principle Article 20 WAVG - Postal Voting: Start of the Period Article 21 WAVG - Postal Voting: Procedure Article 22 WAVG - Postal Voting: Delivery **Article 23 WAVG - Postal Voting: Handling of Return Envelopes** Article 23a WAVG Article 24 WAVG - Electronic Voting Article 25 WAVG Article 26 WAVG - Voting Material: Definition Article 27 WAVG - Voting Material: Voting Rights Certificate Article 28 WAVG - Voting Material: Voting Envelope Article 29 WAVG - Voting Materials: Ballots, Voting Slips Article 30 WAVG Article 31 WAVG - Voting Material: Delivery Article 32 WAVG - Voting Secrecy, Free Access to the Ballot Box Article 33 WAVG Article 34 WAVG Article 35 WAVG - Voting Article 36 WAVG - Monitoring of Urns Article 38 WAVG - Meeting of the Ballot Office, Ballot Opening: Principle Article 39 WAVG - Assembly of the Ballot Office, Ballot Opening: Exceptions Article 40 WAVG Article 41 WAVG Article 42 WAVG Article 43 Voting Act (WAVG) Article 44 WAVG - Blank Ballot Papers Article 45 WAVG - Decision of the Ballot Office Article 46 WAVG Article 47 WAVG - Determination of Results: in Voting Article 48 WAVG - Determination of Results: in Elections: in General Article 49 WAVG - Allocation of Results: During Elections: Outcome with Excess Candidates Article 50 WAVG Article 50a WAVG - Silent By-election Article 51 WAVG - Determination of Results: In Elections: Tie Vote Article 52 WAVG - Determination of Results: In Elections: Incompatibility Article 53 WAVG - Protocol: Principle Article 54 WAVG Article 55 WAVG - Protocol: Content during Elections Article 56 WAVG - Safekeeping of Ballot Papers and Voting Certificates **Article 57 WAVG - Reporting and Compilation of Cantonal Results** Article 58 WAVG - Publication of Results Article 59 WAVG - Custody Article 60 WAVG - Use of Technical Aids Article 61 WAVG Article 62 WAVG - Procedure and Uniformity of the Request Article 63 WAVG - Signature List Article 64 WAVG - Signature Article 65 WAVG - Voting Rights Certificate Article 66 WAVG Article 67 WAVG Article 68 WAVG - Further Treatment Article 69 WAVG - Form **Article 70 WAVG - Signature List** Article 71 WAVG - Initiative in Cantonal Matters: Referendum Article 72 WAVG - Initiative in Cantonal Matters: Implementation of General Suggestions Article 73 WAVG - Initiative in Cantonal Matters: Procedure in the Event of Double Voting Article 74 WAVG - Initiative in Municipal Affairs: in the Form of a Draft Proposal Article 75 WAVG - Initiative in Municipal Matters: in the Form of General Suggestions Article 76 Employment Promotion Act (WAVG) Article 77 WAVG Article 78 WAVG Article 79 WAVG Article 80 WAVG - Referendum, Prohibition of Withdrawal Article 81 WAVG - Supervision Article 82 WAVG Article 83 WAVG Article 84 WAVG Article 85 WAVG Article 86 WAVG - Repeal **Article 87 WAVG - Gratuitousness of Official Acts** Article 88 WAVG - Offenses Article 89 WAVG Article 90 WAVG Article 91 WAVG Article 92 WAVG

Statutory Text (105 Articles)

Article: Procedures for Voting and Elections - General Provisions

1. This law applies to all cantonal referendums and elections belonging to the people, as well as to municipal referendums and elections, insofar as they are to be conducted at the ballot box.

2. For federal referendums and elections, the law is applicable insofar as federal legislation does not prescribe otherwise.

3. Reservations are made for the special provisions concerning the proportional election of the Landrat (RB 2.1205).

Article: Procedures for Voting and Elections - General Provisions

1. The introduction of ballot voting and elections in municipal matters is to be decided by the municipal assembly through an open procedure. The ballot system can only be abolished by a ballot vote.

2. The ballot system can be decided upon generally for all matters under discussion or only for certain regularly recurring or one-time transactions.

Procedures for Voting and Elections - General Provisions

1. On the Introduction and Repeal of the Silent Vote System in Municipal Matters

The decision to introduce or repeal the system of silent voting in municipal matters shall be made by the municipal assembly through an open procedure, unless otherwise specified by the municipal bylaws.

Procedures for Voting and Elections - Right to Vote

1. The eligible voter has the right to participate in referendums and elections and to sign popular initiatives.

2. Eligible to vote are all Swiss citizens who have reached the age of 18, reside in the canton of Uri, and are not declared incapacitated due to mental illness or mental weakness.

3. For voting rights in municipal matters, however, there is the restriction that in ecclesiastical matters only church members may vote, and in civil matters only those citizens who reside in the respective municipality may vote.

4. Swiss citizens abroad are eligible to vote in federal matters. The relevant criteria are determined by federal legislation regarding the political rights of Swiss citizens abroad.

Procedures for Voting and Elections - Right to Vote

1. Voting takes place at the political residence, namely in the municipality where the eligible voter resides and is registered. Nomads vote in their home municipality.

2. Individuals whose residency status is unclear may be required by the electoral register officer to provide proof of domicile for voting purposes.

Procedures for Voting and Elections - Right to Vote

1. The right to exercise one's voting rights at a particular location is determined by the entry in the electoral register.

**Procedure for Voting and Elections - Voting Organization**

1. The federal and cantonal referenda and elections are conducted in the political municipalities.

2. In all municipalities, voting and elections must take place on the same day.

Procedure for Voting and Elections - Voting Organization

1. Eligible voters are to be entered into the electoral register at their place of political residence.

2. Each municipal office shall maintain a list of all eligible voters residing within the municipality.

3. The electoral register must clearly indicate, at all times, who is eligible to vote in federal, cantonal, and local matters, including those of the resident, civic, and church communities.

4. The electoral register is based on the resident control register.

5. The municipal offices are required to provide extracts from the electoral register to the civic and church communities regarding individuals eligible to vote in civil or ecclesiastical matters, against reimbursement of incurred costs.

6. The electoral register is open to inspection by eligible voters.

Procedure for Voting and Elections - Voting Organization

1. The municipal council shall appoint a register official, who is responsible for continuously updating the register.

2. Entries and deletions are to be made ex officio.

3. Prior to an election or vote, entries must be made by 6:00 PM on the fifth day before the election or voting day, provided it is established that the requirements for participation on the voting day are met. Thereafter, the voting register is closed for the individual election or vote.

4. After the closing of the voting register, only eligible voters may be entered who were clearly overlooked during the rectification process or whose eligibility to vote has been determined through an appeals process.

Procedure for Voting and Elections - Voting Organization

1. Every eligible voter may lodge a complaint that eligible voters are not registered in the electoral register or that ineligible persons are registered.

2. The exclusion from the electoral register must be communicated to the affected person in writing, stating the reasons and including information on legal remedies.

3. The procedure is governed by Articles 82 et seq.

**Procedures for Votes and Elections - Voting Organization**

1. The voting register for Swiss citizens abroad is maintained centrally by the cantonal administration.

2. The government council shall regulate the details in a decree. It shall consult the municipalities beforehand.

Procedure for Voting and Elections - Voting Organization

1. Unless otherwise stipulated by the municipal bylaws, the municipal council shall appoint the polling station from among the eligible voters for each individual election or vote or for a term of office.

2. If no other choice is made, the mayor shall serve as the president of the polling station. The municipal clerk shall act as the secretary.

3. The polling station shall include as many vote counters as necessary to ensure effective supervision and a rapid tally of votes. At least two members of the polling station must be assigned to each polling location.

4. The Law on Mandatory Office (RB 2.2221) and that on Conflict of Interest (RB 2.2321) shall apply.

Procedure for Voting and Elections - Voting Organization

1. The Ballot Office directs and supervises the voting and election proceedings at the polling station. It determines the voting and election results. Supervision and counting may be assigned to different office members.

Procedure for Voting and Elections - Voting Organization

1. Every municipality shall provide at least one suitable polling station in which the main ballot box is placed.

2. With the approval of the competent authority, municipalities may designate additional polling stations.

3. The polling stations are deemed suitable if each participant is able to maintain the secrecy of their vote and has free access to the ballot box for the purpose of casting their vote.

**Procedure for Voting and Elections - Voting Organization**

1. Each municipality shall provide at least one solid, lockable ballot box for each polling station, with a slot designed such that nothing can be removed from the sealed ballot box.

Procedures for Voting and Elections - Preparation of Voting and Elections - General Provisions

1. Secret ballots and elections are generally held on Sundays.

2. Elections and votes may not be scheduled on New Year's Day, Easter Sunday, Pentecost Sunday, Federal Day, the Federal Day of Prayer, and Christmas.

3. Cantonal and municipal votes and elections should, if possible, be held on the same day as federal ones.

4. The assumption of office for municipal authorities takes place on New Year's Day unless the municipal statutes provide otherwise.

Procedures for Voting and Elections - Preparation of Voting and Elections - General Provisions

1. By-elections are generally held within one month.

2. Replacement elections should be conducted as soon as possible, usually within three months.

Procedures for Voting and Elections - Preparation of Voting and Elections - General Provisions

1. Cantonal Votes and Elections as well as the General Renewal Elections of the Cantonal Parliament are set by the Government Council, while municipal votes and elections are set by the Municipal, Citizen, or Church Council.

Procedure for Voting and Elections - Preparation of Voting and Elections - General Provisions

1. On voting and election day, the main ballot boxes must be kept open in the morning from 10:00 AM to 12:00 PM.

2. Upon request from the municipal council, the competent directorate may allow the ballot boxes to be opened before 10:00 AM on Sunday.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities

1. At least 15 eligible voters residing in the municipality may submit an electoral proposal to the municipal office.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities

1. At least three months before the election Sunday, the municipal council sets the election date and calls for the submission of election proposals in the cantonal official gazette or on the notice board of the municipality.

2. The election proposals must be submitted to the municipal office no later than the seventh Monday before the election Sunday. Article 50a applies to by-elections.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities

1. An electoral list may contain no more names of eligible persons than there are seats to be filled. The name of the same person can appear on multiple electoral lists but only once on the same electoral list. If an electoral list contains more names than there are persons to be elected, the last names will be removed.

2. The electoral lists must include the surname and first name, year of birth, and residential address of the proposed person.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities

1. Each nomination must bear an appropriate designation (party or voter group designation) that distinguishes it from the other nominations.

Procedure for Voting and Elections - Preparation of Voting and Elections - Proposal Procedure for Uncontested Elections in Municipalities

1. The nomination paper must be signed by the submitting individuals in handwriting.

2. An eligible voter may not sign more than one nomination paper. They cannot withdraw their signature once the nomination paper has been submitted.

**Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities**

1. The signatories must designate a representative and a deputy for the electoral proposal. If they waive this right, the persons who are the first and second signatories will be considered the representative and deputy, respectively.

2. The representative, and if they are unavailable, the deputy, is authorized and obliged to make legally binding declarations in the name of the signatories that are necessary to resolve any objections.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities

1. The eligible voters can view the election proposals and the names of the signatories at the municipal office after the submission deadline.

**Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities**

1. The municipal office shall promptly inform the nominated individuals about their nomination.

2. If a nominated individual is not subject to the obligation to serve (RB 2.2221), they may request in writing the removal of their name from the electoral roll at the municipal office within five days of receiving the notification.

Procedure for Voting and Elections - Preparation of Voting and Elections - Proposal Procedure for Uncontested Elections in Municipalities

1. The municipal office examines whether the election proposals comply with legal requirements and whether the signatures are valid.

2. The municipal office declares any election proposals that are submitted late or do not have the prescribed number of valid signatures invalid.

3. The municipal office removes any unauthorized repetitions of the same candidate's name and names of candidates who are not eligible. It sets a deadline for the representative of the election proposal up to the fifth last Tuesday before election Sunday, within which they can submit replacement proposals for officially removed proposed persons, improve the designation of proposed persons, or change the designation of the election proposal for the purpose of clearly distinguishing it from other proposals.

4. If a deficiency is not corrected within the deadline, the election proposal is invalid. If the deficiency concerns only one proposed person, only their name will be removed.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Procedure for Uncontested Elections in Municipalities

1. If all revised electoral proposals do not list more candidates than there are seats to be filled, the proposed individuals shall be declared elected by silent election by the municipal council.

2. The municipal office must publish this decision in the cantonal official gazette or on the municipal notice board. If all seats are filled by silent election, the municipal office shall also announce that the regular election will not take place.

Procedure for Voting and Elections - Preparation of Voting and Elections - Nomination Process for Silent Elections in Municipalities

1. The Election Process Continues According to Article 32 et seq.

a) if no election proposals have been submitted in due time and proper form

b) if all the finalized election proposals list more candidates than there are seats to be filled

c) for the seats that remain vacant, if not all seats have been filled through unopposed election

**Procedures for Voting and Elections - Casting of Votes**

1. Eligible voters may cast their votes either in person at the ballot box, by mail, or, in accordance with this law, electronically.

**Procedures for Voting and Elections - Casting of Votes**

1. Voters may vote by mail as soon as they receive the official election and voting materials.

Procedure for Voting and Elections - Casting of Votes

1. Whoever wishes to vote by mail

a) places the completed ballot paper in the voting envelope,

b) signs the voting certificate, and

c) places the sealed voting envelope along with the signed voting certificate in the official return envelope and seals it.

**Procedures for Voting and Elections - Casting of Votes**

1. Voters may submit the return envelope

a) by placing it in the mailbox designated by the municipal council

b) by delivering it to the municipal office during regular office hours, or

c) by sending it via postal service with postage paid

**Procedures for Voting and Elections - Casting of Votes**

1. The municipal office ensures the secure storage of the received return envelopes. It hands over the unopened return envelopes to the main voting office by no later than the voting day.

2. The received return envelopes and the voting envelopes contained therein may be opened and counted no earlier than 9:00 AM on the voting day by a member of the voting office under the supervision of another member, while maintaining the secrecy of the vote.

3. The civil registry office may issue directives regarding this.

Procedures for Voting and Elections - Casting of Votes

1. Voters with physical disabilities and voters who are unable to write, who are not capable of performing the necessary actions for casting their vote, may have these actions performed by an eligible voter of their choice.

2. A further-reaching or organized proxy is not permissible.

3. The secrecy of the ballot must be maintained.

**Procedures for Voting and Elections - Casting of Votes**

1. Voting can be conducted electronically if the technical and organizational requirements are met.

2. Within the framework of federal law and paragraph 1, the district council decides on the general and comprehensive introduction of electronic voting.

3. The government council may introduce electronic voting on a trial basis. It can thereby limit the exercise of electronic voting geographically, temporally, and substantively.

4. Within the framework of paragraphs 2 and 3, the government council may enter into agreements with the federal government and other cantons and decide on the associated expenditures.

5. The government council regulates the details in a directive. Insofar as necessary for the implementation of electronic voting, it may deviate from the provisions prescribed by law for postal voting and polling. Before issuing the directive, it consults the municipalities.

**Procedures for Voting and Elections - Announcement, Voting Materials**

1. Cantonal ballot referendums and elections must generally be announced at least one month before the voting Sunday in the official gazette of the Canton of Uri, while municipal ballot referendums and elections must be announced within the same timeframe on the noticeboards of the respective municipalities.

2. It must be communicated when and where the polls will be open. Simultaneously, there must be a reference to the legal provisions on voting rights and, if the municipality provides for this in municipal elections, the possibility of silent election should be highlighted.

3. For federal and cantonal referendums and elections, the State Chancellery is responsible for the publication in the official gazette.

**Procedures for Voting and Elections - Announcement, Voting Materials**

1. Subject to Article 29, paragraph 3, only official voting materials may be used in all votes and elections.

2. These consist of

a) the official return envelope

b) the voting certificate

c) the voting envelope

d) the ballot paper

e) the voting proposal

f) the explanations of the proposal, insofar as they are prescribed

**Procedures for Voting and Elections - Announcement, Voting Materials**

1. The voting certificate is issued based on the voting register.

2. The extent of the voting rights must be indicated on the voting certificate in such a way that it can be easily assessed by the municipal office or polling station during the voting process.

3. The government council shall issue detailed instructions on how the voting certificate and the return envelope should be designed.

**Procedure for Voting and Elections - Announcement, Voting Materials**

1. In all voting and elections, voting envelopes must be used. For federal and cantonal ballots, the envelopes are provided to the municipalities by the State Chancellery with the appropriate inscription. For municipal voting and elections, the municipalities themselves procure the voting envelopes.

2. Different colors must be used for the voting envelopes for federal, cantonal, and municipal voting and elections.

**Procedures for Voting and Elections - Announcement, Voting Materials**

1. The ballots for elections must include a drawn line for each separate election, and for referenda, the voting question along with space for the response. To distinguish different proposals, the ballots must be marked with numbers.

2. For all referenda and elections, official, unused ballots and voting papers are to be provided by the federal, cantonal, or municipal chancery.

3. Non-official printed or duplicated ballots and voting papers must match the official version in color, format, wording, design, and material. The only deviation permitted is that they may carry the party designation on the inside and have the answers or candidates printed. The cantonal or municipal chancery must provide the official template in due time. In the election of the National Council, only official ballots filled out by hand are permissible.

4. In every case, the filled-out ballot or voting paper must be placed in the corresponding official, unsealed voting envelope.

**Procedure for Voting and Elections - Announcement, Voting Materials**

1. For federal referendums, the Confederation provides the voting materials, for cantonal referendums the cantonal chancellery does, and for municipal referendums, the municipal chancellery does so.

2. A brief, objective explanation must accompany cantonal referendum materials. Municipalities are free to require the same for their voting materials.

3. For the complete renewal elections of the Cantonal Council, the cantonal chancellery issues a brief voting guide, which is distributed to eligible voters by the municipalities along with the ballots.

**Procedures for Voting and Elections - Announcement, Voting Materials**

1. Ballot Material (Article 26) must be delivered to eligible voters at least three weeks and no more than four weeks before the day of voting and elections. The voting document and explanations regarding the proposal may be delivered earlier.

2. Municipalities are authorized to deliver the voting document and its explanations only once per household, unless a voting-eligible member of the household requests personal delivery.

Procedure for Voting and Elections - Conduct of Voting and Elections

1. The secrecy of the vote must be maintained.

2. Every voter must have unhindered access to the ballot box in order to cast their ballot envelope while maintaining the secrecy of the vote.

Procedure for Voting and Elections - Conduct of Voting and Elections

1. Official or unofficial ballot papers may be used for voting.

Procedure for Voting and Elections - Conduct of Voting and Elections

1. At the ballot box or in an anteroom, official ballot papers and election ballots, the corresponding voting envelopes, the voting templates, and the prescribed explanations for the respective vote or election must be available at all times in sufficient quantity.

2. Furthermore, non-official ballot papers or recommendations for the votes or elections may not be laid out, distributed, or posted at the ballot box or in the anterooms.

Procedure for Voting and Elections - Conduct of Voting and Elections

1. The voter must submit the issued voting certificate at the ballot box. This must be officially secured.

2. The receiving member of the ballot office verifies the eligibility to vote and then allows the voting process to proceed.

3. The voting process is complete once the voter has placed the ballot envelope in the ballot box.

Procedure for Voting and Elections - Conduct of Voting and Elections

1. During opening hours, at least two members of the ballot office must be present at the ballot box and ensure compliance with legal regulations.

2. They shall specifically ensure that

a) the ballot box is empty at the beginning of the election or vote

b) the voter only votes on matters in which they are entitled to vote

c) the voter places only a single envelope of the same color in the ballot box

3. The members of the ballot office may neither investigate the content of the ballots nor influence the voters in casting their votes. The same prohibition applies in the ballot room and its anterooms for other persons.

4. No one may linger in the ballot room longer than necessary.

Procedures for Voting and Elections - Determination and Announcement of Results

1. On the day of the vote, the members of the ballot office, who are designated to open the ballot boxes and determine the result, gather at the counting location.

2. The auxiliary ballot boxes are sealed and, along with the submitted voting cards and all unused materials, brought to the polling station of the main ballot box and opened there in the presence of the members of the ballot office.

3. The contents of the auxiliary ballot boxes are mixed with those of the main ballot box before counting.

Procedures for Voting and Elections - Determination and Announcement of Results

1. If the circumstances justify it, the competent directorate may authorize requesting municipalities to independently determine and record the results of certain auxiliary ballot boxes on the voting day by at least two members of the ballot office; the results must be immediately communicated to the office members at the main ballot box.

2. The authorization can be granted on a case-by-case basis or generally until revoked and must include specific conditions and requirements.

Procedures for Voting and Elections - Determination and Announcement of Results

1. The ballots are to be immediately divided into valid, blank, and invalid, counted, and separately packaged.

2. Based on the voting register and the submitted ballots and voting slips, the number of eligible voters and the number of votes cast are to be determined.

Procedures for Voting and Elections - Determination and Announcement of Results

**1. Ballots are invalid if they:**

a) do not clearly indicate the voter’s intention

b) are cast without an envelope or in a private envelope

c) are not official or do not comply with the form requirements of Article 29, Paragraph 3

d) are contained with other ballots from the same poll or election in the same envelope

e) contain defamatory remarks or obvious markings

f) are not placed in the correct ballot envelope

g) are torn

Procedures for Voting and Elections - Determination and Announcement of Results

1. Ballots that contain fewer names than there are positions to be filled are valid.

2. Ballots that contain more names than there are positions to be filled are also valid, except in the election of the National Council. However, the last names exceeding the number of candidates to be elected will be removed by the polling office. Counting is performed from top to bottom and from left to right.

3. Names that are illegible or do not clearly identify the candidate will be removed by the polling office.

4. Candidate names are counted only once. Votes for the same candidate multiple times are to be stricken off.

5. If no countable vote remains after the ballot has been corrected, the ballot becomes invalid.

Procedures for Voting and Elections - Determination and Announcement of Results

1. Postal Voting is Invalid if

a) * the voter identification card is not enclosed

b) * the voter identification card is not signed

c) the return envelope does not contain the enclosures required by Article 21

d) the voting envelope contains markings that compromise voting secrecy

2. The grounds for invalidity according to Articles 41 and 42 remain reserved.

Procedures for Voting and Elections - Determination and Announcement of the Results

1. In votes on a factual issue, the ballot paper is to be considered blank if the voting question is not answered; in votes on an initiative and counter-proposal, if none of the three questions are answered.

2. Ballot papers are considered blank

a) if all printed candidate names on the candidate list are struck out without replacement

b) if no candidate names are entered on the blank list

Procedures for Voting and Elections - Determination and Announcement of the Results

1. In the event of disagreements or doubts regarding whether a ballot paper or voting slip should be considered valid, invalid, or blank, or whether a candidate's name should be struck, the decision shall be made by the present ballot office.

Procedures for Voting and Elections - Determination and Announcement of Results

1. Both in referendums and elections, the absolute majority decides. An exception is made for the election of the National Council, where in the first round, the candidate with the most votes is elected.

2. In elections during the second round, as well as in contingency votes according to Article 73 paragraph 2 letter c, the relative majority applies.

3. In ballots, blank and invalid votes are disregarded.

4. If a vote is cast both by mail and electronically, the first registered vote is considered valid, and the other is disregarded.

Procedures for Voting and Elections - Determination and Announcement of Results

1. A proposal is adopted if more valid votes are cast in favor of it. In the event of a tie, it is rejected.

2. To determine the absolute majority, the valid ballots are divided by two; the next higher whole number constitutes the absolute majority.

Procedures for Voting and Elections - Determination and Announcement of Results

1. To determine the absolute majority in elections, the number of valid ballots or voting lists that contain multiple candidates for the same authority is divided by two; the first whole number above the result of the division is the absolute majority.

Procedures for Voting and Elections - Determination and Announcement of Results

1. When, in the election of a collegial authority, more candidates achieve the absolute majority than there are mandates to be filled, the candidates with the highest number of votes are elected.

Procedures for Voting and Elections - Determination and Announcement of Results

1. If, in an individual election, no candidate or, in the election of a collegial authority, fewer candidates achieve the absolute majority than there are mandates to be filled, a second round of voting shall be ordered.

2. In this round, the candidate who receives the most votes is elected (relative majority).

Procedures for Voting and Elections - Determination and Announcement of Results

1. If the municipality provides for the possibility of silent elections in municipal elections, the seats not filled in the election process according to Articles 32 et seq. can be filled by silent by-election.

2. The election proposals must be submitted to the municipal office by the Thursday following the election at the latest. For candidates from the first election round, a written declaration from the representation of the election proposal is sufficient. Any substitute proposals must be submitted to the municipal office within five days of the notification. Furthermore, the provisions of Articles 18a to 18i apply mutatis mutandis.

3. If all seats are filled by silent by-election, the municipal office announces that the second election round will not take place.

4. For the seats not filled by silent by-election, a second election round will be held. In this case, the person who receives the most votes (relative majority) is elected.

Procedures for Voting and Elections - Determination and Announcement of Results

1. In the event of a tie in the second ballot, the decision is made by drawing lots.

2. In cantonal elections, the lot is drawn by the Landammann or their deputy in the presence of two other members of the government council.

3. In municipal elections, the lot is drawn by the president of the municipal, civic, or church council, or their deputy, in the presence of two other members of the municipal, civic, or church council.

Procedures for Voting and Elections - Determination and Announcement of Results

1. If the election results in the selection of candidates who, according to Article 15 of the Cantonal Constitution, are not permitted to simultaneously be members of the same authority, and none of the elected candidates voluntarily withdraws, then those elected candidates with the fewer number of votes shall be excluded. In the event of a tie, the decision shall be made by drawing lots, as prescribed in Article 51.

Procedures for Voting and Elections - Determination and Announcement of Results

1. After determining the voting or election result, the ballot office must record a protocol signed by at least two members.

Procedures for Voting and Elections - Determination and Announcement of Results

1. During votes on substantive proposals, the minutes of the polling office must specifically contain

a) the number of eligible voters and the number of actual voters

b) the number of blank and invalid votes

c) the number of valid votes

d) the number of votes cast for acceptance and those cast for rejection

Procedures for Voting and Elections - Determination and Announcement of Results

1. The protocol of the polling station for elections must specifically include

a) the number of eligible voters and the number of actual voters

b) the number of blank and invalid ballots

c) the number of valid ballots or lists

d) the absolute majority

e) the number of votes received by each candidate. Individual candidate votes may be combined.

Procedures for Voting and Elections - Determination and Announcement of Results

1. The ballots and election papers are to be packaged separately for each vote and officially safeguarded.

2. They are to be retained by the municipality until the confirmation of the voting or election results. Afterwards, they are to be destroyed.

3. Likewise, the submitted voting certificates are to be officially safeguarded and then destroyed, unless they are permanent voting certificates.

Procedures for Voting and Elections - Determination and Announcement of Results

1. The ballot office of the main polling place must immediately report the results of federal and cantonal referendums and elections to the State Chancellery by telephone or other means. The same applies to elections of the Cantonal Parliament.

2. The State Chancellery provisionally compiles the referendum and election results. The final determination is made only based on the protocols of the municipalities. These must be submitted to the State Chancellery, signed, no later than the day following the voting day.

Procedures for Voting and Elections - Determination and Announcement of Results

1. The voting and election results are to be announced, if possible, on the day of the vote through public notice.

2. As soon as the results are precisely known based on the protocols, they will be published, namely

a) for federal and cantonal votes and elections, as well as for the cantonal council elections, by the government council in the official gazette

b) for municipal votes and elections, by the municipal, citizens' or church council in the cantonal official gazette or on the municipality's notice board

3. The publication in the official gazette or on the municipality's notice board must include a legal remedy instruction.

Procedures for Voting and Elections - Determination and Announcement of Results

1. If the appeal period has expired or submitted cassation complaints have been addressed, the voting and election results shall be conclusively determined by a validation resolution.

2. For cantonal referendums and elections, the government council serves as the validation authority, while for municipal ones, it is the municipality council or the citizens' or church council.

3. The validation (validation) of the elections as a member of the cantonal council remains the responsibility of the cantonal council.

Procedures for Voting and Elections - Determination and Announcement of the Results

1. To conduct votes and elections, as well as to determine their results, the government council may authorize municipalities to use technical and electronic aids and, if necessary, to deviate from this law in the process.

2. The secrecy of the ballot must be preserved in every case.

**Procedure for Voting and Elections - Compensation**

1. For the execution of federal and cantonal referendums and elections, the municipalities receive an annual financial contribution from the canton.

2. This is measured for each voting process based on the number of eligible voters.

3. The Council of State determines the contribution rate per eligible voter. It can additionally compensate for special services provided by the municipality (such as the number of auxiliary ballot boxes, etc.).

Exercise of Popular Rights - General Provisions

1. Requests for referendums and initiatives concerning cantonal law shall be submitted in writing to the cantonal government, while municipal initiatives shall be submitted to the municipal council, citizen council, or church council.

2. It is not permissible to present different types of popular initiatives within the same submission.

Exercise of Popular Rights - General Provisions

1. The initiative or referendum request must be submitted on signature lists (sheet, leaf, card).

2. These must include

a) the municipality where the signatories have the right to vote

b) a brief justification of the request

c) a notice that falsifying the results of a petition for a referendum is a criminal offense (Article 282 of the Penal Code)

3. Only eligible voters from the same municipality may sign on the same signature list. Other names will be removed by the competent municipal office.

Exercise of Popular Rights - General Provisions

1. The eligible voter must write their name by hand and legibly on the signature list.

2. They must provide all other information necessary to verify their identity, such as first names, year of birth, and address.

3. They may only sign the same popular initiative once.

Exercise of Popular Rights - General Provisions

1. The signature lists must be submitted to the municipal office for voting rights certification in a timely and collected manner, as indicated on the blank signature list.

2. The municipal office certifies that the signatories are eligible to vote on the matter of the popular initiative in the municipality designated on the signature list. Thereafter, it promptly returns the lists to the senders.

3. The certification must indicate the number of certified signatures; it must be dated and feature the handwritten signature of the official, and identify the official’s capacity by stamp or notation. The voting rights of the signatories may be certified collectively for multiple lists.

4. If the voter has signed more than once, no signature will be certified.

5. If the voting rights certification is refused, the reason must be stated on the signature list.

Exercise of Popular Rights - General Provisions

**1. Submission and Verification of Signatures in Popular Initiatives**

1. If a popular initiative has been submitted, the executive council or the municipal, community, or church council shall verify the number of valid signatures.

2. The following signatures shall be deemed invalid

a) Signatures that have not been certified and submitted within the referendum period or, in the case of initiatives, within the two-month period calculated from the date of receipt of the request.

b) Signatures on an invalid sheet (Articles 63, 70, and 79).

c) Signatures that do not meet the requirements of Article 64.

d) Signatures that are evidently written by the same hand.

3. Deficiencies in the certification of voting rights, which are attributable to the administration, shall be rectified by the authority on its own initiative, provided that the success of the popular initiative depends on it.

Exercise of Popular Rights - General Provisions

1. The government council or the municipal, citizens', or church council examines whether the popular initiative has been realized or not, specifically whether the number of valid signatures has reached the number of necessary signatures prescribed by the cantonal constitution. The result is published in the official gazette or on the municipality's notice board.

Exercise of Popular Rights - General Provisions

**1. If the Cantonal Popular Initiative is Valid:**

Once the cantonal popular initiative has been brought forward, the government council forwards it to the regional parliament with a message that must state whether the initiative is entirely or partially invalid, particularly whether it violates superior law, is substantively too vague, or is practically impossible. The message may include relevant considerations and proposals. The regional parliament decides on the validity of the initiative. Its decision is to be published in the cantonal official gazette.

**2. If a Municipal Initiative is Brought Forward:**

If a municipal initiative is brought forward, the municipal, citizen, or church council reviews whether it is entirely or partially invalid. If this is the case, it declares the initiative entirely or partially invalid in the cantonal official gazette or the municipality's notice board. Otherwise, it initiates the procedure according to Article 74 or 75.

**3. If the Popular Demand is Not Brought Forward or is Invalid:**

If the popular demand is not brought forward or is invalid, no further action is taken.

**Exercising Civil Rights - Special Provisions - Initiative**

1. Initiatives according to Article 48, Paragraph 3, Letter e of the Cantonal Constitution may consist - apart from requests for the removal of an authority and for a total revision of the Cantonal Constitution - in a general proposal or in a drafted text.

2. Initiatives must preserve the unity of subject matter and form, otherwise, they shall be declared invalid by the Cantonal Council or the Municipal, Citizen, or Church Council.

3. The unity of subject matter is maintained when there is a substantive connection between the individual parts of an initiative.

4. The unity of form is maintained when the initiative is presented exclusively either in the form of a general proposal or as a drafted text.

**Exercising Civil Rights - Special Provisions - Initiative**

1. In addition to the information required by Article 63, the signature lists for initiatives must include

a) the wording of the initiative

b) an unconditional withdrawal clause

c) the names and residential addresses of at least three initiators of the initiative (initiative committee)

**Exercising Civil Rights - Special Provisions - Initiative**

1. If there is no ground for invalidity against the request in the form of the drafted proposal concerning a cantonal matter, the Landrat shall submit it unchanged, with or without a counter-proposal, to the people for a vote no later than one and a half years after submission.

2. If the request concerns a general suggestion to which the Landrat agrees, the popular vote is omitted, unless the initiative proposes a comprehensive revision of the cantonal constitution.

Exercise of Popular Rights - Special Provisions - Initiative

1. If the people or the cantonal council approve the general suggestion of an initiative request, the governing council shall promptly submit a drafted proposal to the cantonal council.

2. The draft approved by the cantonal council is subject to the ordinary provisions governing legislation.

**Exercising Civil Rights - Special Provisions - Initiative**

1. If the District Administrator presents a counterproposal to a submitted initiative petition in the form of a detailed draft, both proposals shall be voted on simultaneously.

2. The eligible voters shall be presented with the following questions on the same ballot

a) Do you wish to adopt the initiative (title follows)?

b) Do you wish to adopt the counterproposal (title follows)?

c) If both the initiative and the counterproposal are adopted in the vote, do you prefer the initiative (1) or the counterproposal (2)?

3. All three questions can be answered independently of one another.

**Exercising Civil Rights - Special Provisions - Initiative**

1. If there is no ground for invalidity opposing the request in the form of the drafted proposal, the public must vote on the acceptance or rejection of the proposal no later than twelve months after its submission. The municipal, citizen, or church council may present a counterproposal to the request; in doing so, the procedure set out in Article 73 shall apply accordingly.

Exercise of Popular Rights - Special Provisions - Initiative

1. If the request has been submitted in the form of a general suggestion, and the municipal, citizen, or church council deems it valid and agrees to it, the referendum does not take place. Otherwise, Article 68 applies, or the people must decide on it.

2. If the people or the municipal, citizen, or church council agree to the general suggestion, the latter shall promptly submit a drafted proposal to the people.

**Exercising Civil Rights - Special Provisions - Initiative**

1. Any popular initiative may be withdrawn in writing by the majority of the initiative committee.

2. The withdrawal is permissible until the time when the public vote or the addressing municipal assembly is publicly scheduled. If an initiative takes the form of a general proposal, the withdrawal is permissible until the approval resolution.

3. Any reservations made upon withdrawal are not to be considered.

Exercise of Popular Rights - Special Provisions - Referendum

1. Referendum petitions are those petitions that demand ordinances or resolutions of a general nature passed by the district council be submitted to the people for a vote.

2. Referendum petitions at the municipal level are excluded.

Exercise of Popular Rights - Special Provisions - Referendum

1. The referendum period according to Article 48, Paragraph 3, Letter d of the Cantonal Constitution begins on the day of the publication of the proposal in the Official Gazette; the day of publication is not counted.

2. It is considered observed if the referendum request is submitted to the Government Council within 90 days after the announcement of the proposal, along with the necessary certified and valid signatures.

Exercise of Popular Rights - Special Provisions - Referendum

1. In addition to the information required by Article 63, the signature lists for referendum petitions must contain the designation of the decree along with the date of its adoption by the regional council.

Exercise of Popular Rights - Special Provisions - Referendum

1. If the referendum has been initiated, the government council shall arrange the popular vote.

2. The withdrawal of a referendum is not permitted.

Supervision and Administration of Justice

1. The supervisory authority over ballot votes and elections is vested in the Government Council.

2. If a vote or election is not conducted properly or is prematurely terminated due to disruptions, the Government Council shall, if possible before the conclusion of the voting or election procedure, take the necessary measures to rectify the deficiencies. In particular, it may reschedule the vote or election and appoint one or more trustees to prepare, supervise, or conduct the vote or election.

3. If there are doubts about the accuracy of the determined results, the Government Council may order a recount.

Supervision and Administration of Justice

1. An appeal may be filed with the Government Council

a) for violation of voting rights (voting rights appeal)

b) for irregularities in the preparation and conduct of ballot voting (referendum appeal)

c) for irregularities in the preparation and conduct of ballot elections (election appeal)

d) for violation of other regulations regarding the treatment of popular initiatives (popular initiative appeal)

2. An appeal has suspensive effect only if the Government Council decides so.

Supervision and Administration of Justice

1. The complaint must be submitted in writing and by registered mail within three days from the discovery of the grounds for the complaint, but no later than the third day following the publication of the results in the official gazette or on the municipal notice board.

Supervision and Administration of Justice

1. The complaint must be submitted in writing. It must include a brief summary of the alleged facts as its justification.

Supervision and Administration of Justice

1. The government council shall decide expeditiously on voting rights complaints, if possible before the voting and election day.

2. The government council shall dismiss the complaint without further examination if the alleged irregularities, in terms of their nature or extent, were not capable of substantially influencing the main result of the vote or election.

Supervision and Administration of Justice

1. The voting or election shall be wholly or partially annulled by the decision on the complaint if defects are found that could have decisively altered the result of the vote or election and whose effects cannot be remedied by the decision on the complaint.

2. In the event of the annulment of a vote or election, the government council shall take the necessary measures.

Supervision and Administration of Justice

1. No costs shall be charged for official acts based on this law and the decrees issued thereunder.

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

Criminal Provisions

1. Shall be punished with detention or a fine ranging from 20 francs to 500 francs

a) whoever falsifies or unlawfully uses a voting certificate;

b) whoever knowingly uses a falsified or altered voting certificate or provides it to another for use;

c) whoever intentionally places more than one ballot envelope in the same ballot box for the same matter;

d) whoever influences voters within the polling station or its immediate vicinity;

e) whoever, despite a warning from a member of the polling station staff, deliberately obstructs or disturbs access to the ballot box;

f) whoever controls voters by demanding their ballots or in any other manner regarding the way they vote;

g) whoever does not comply with the instructions of the polling station staff;

h) whoever, as a member of the polling station staff, intentionally contravenes their duties;

i) whoever knowingly violates the regulations regarding facilitated voting.

2. Attempt and aiding are punishable.

3. Articles 279 and following of the Swiss Penal Code remain reserved.

Criminal Provisions

1. The prosecution and sanctioning of the offenses described in Article 88 are governed by the provisions of the Code of Criminal Procedure.

Final Provisions

1. The Implementing Regulation may further elaborate on the law and issue additional procedural provisions.

Final Provisions

1. The Law Concerning Secret Voting in Municipalities of May 7, 1916, is hereby repealed.

Final Provisions

1. The law shall enter into force upon approval by the people and subsequent authorization by the Federal Council, on the date to be determined by the Executive Council.

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