CH-VS
Political Rights Act (LcDP) - Scope (KGPR)
Table of Provisions (240)
Statutory Text (240 Articles)
1. This Act applies to cantonal, municipal, and inter-municipal elections and votes, as well as to the exercise of the referendum and initiative rights in cantonal matters. The special provisions of the Municipal Act remain reserved, particularly with respect to voting at primary and citizens' assemblies.
2. It applies to federal elections and votes as well as to the exercise of the referendum and initiative rights in federal matters, insofar as there are no mandatory provisions of federal law or cantonal special provisions concerning the application of federal law.
1. In this law, any designation of a person, status, or function applies equally to both men and women.
**1. The deadlines prescribed in this law shall be deemed to have been met if delivery to the competent authority or to a postal office in Switzerland by registered mail occurs on the last day of the period.**
2. However, delivery via postal services is inadmissible if the law specifies a certain time.
3. Subject to any different legal provisions, the day on which the period begins to run shall not be counted when computing the period. If the last day of the period falls on a Saturday, Sunday, or public holiday, the period shall end on the next working day. Otherwise, the provisions of the law on administrative procedure and administrative jurisdiction shall apply.
1. The absolute majority is achieved by halving the number of received ballots after subtracting the blank and invalid ballots. The whole number immediately following the resulting division represents the absolute majority.
2. For constitutional revisions, the absolute majority of citizens participating in the vote decides (Art. 106 KV).
1. A citizen entitled to vote, according to the Constitution, is any Swiss national aged 18 years or older, who resides in a commune within the canton, possesses political rights, and does not exercise these rights in another commune.
2. No one can have multiple political residencies.
1. The Right to Vote, as defined in this Act, is the right to participate in elections and votes, as well as to sign referendum and initiative petitions.
2. Voters exercise their rights in their municipality of residence. Article 13, paragraph 1, letter b of this Act remains reserved.
1. The federal legislation regulates the exercise of political rights in federal matters.
1. Eligible to vote in cantonal matters are the voters who have been residents in the canton for 30 days and in the new municipality for 5 days by the election or voting day.
1. Entitled to vote in municipal matters are the voters who have had residency in the municipality for 30 days on the day of the election or vote.
1. All eligible voters must deposit their certificate of origin.
2. Anyone who deposits a different document instead of the certificate of origin (such as a domicile certificate, interim certificate, etc.) will only acquire political residence if they prove that they are not registered in the electoral register at the location where the certificate of origin is deposited.
3. The period stipulated in Articles 8 and 9 begins to run on the day the certificate of origin is deposited.
1. Political Residence, which does not correspond to the civil law residence, may particularly be held by
a) * Persons under comprehensive guardianship;
b) Those with a weekly residence, especially students;
c) Spouses who, with the consent of their partner, by court order, or due to immediate legal authorization, reside outside the shared household with the intent of permanent stay.
2. Article 10 is applicable.
1. If a foreigner already residing in the municipality acquires Swiss citizenship, the duration of the deposit of their foreign documents will be taken into account on the condition that their Swiss certificate of origin is deposited within the shortest possible time. The formalities for acquiring Swiss citizenship are considered completed as soon as the acquirer has taken the oath.
2. Citizens must deposit their certificate of origin within the shortest possible time upon reaching the age of majority. However, if they have already been residing in the same municipality before reaching the age of majority, this will be considered in calculating the waiting period.
1. In matters concerning the civic community, the following individuals are entitled to vote
a) The eligible citizens who have their residence in the municipality where they have civic rights;
b) Citizens who reside in the canton and have declared this intention in writing to the president of the civic community; this declaration remains valid for the entire duration of the current administrative period. However, only citizens residing in the municipality may participate in elections.
2. They are permitted to participate in elections and votes in only one civic municipality.
1. Exclusion from the Exercise of Political Rights
Persons who are under comprehensive guardianship due to permanent incapacity of judgment or are represented by a person with a power of attorney are excluded from exercising political rights.
2. The Child and Adult Protection Authorities (KESB) notify the municipalities of residence about the measures enacted in accordance with paragraph 1. The municipality shall inform the head responsible for maintaining the electoral register of the civic community if necessary.
1. Subject to contrary constitutional or statutory provisions, every Swiss citizen eligible to vote is eligible for public office.
1. In each municipality and in each citizenry, the respective councils must maintain an electoral register through the municipal clerk or a supervisor designated by the municipal council. This register is public.
2. All citizens who possess the right to vote shall be entered into this register.
3. It is compiled in alphabetical order and contains the following information
a) Names, first names, address, place of origin, and date of birth of each voter;
b) The date of deposit of the documents according to Article 10.
4. The State Council may decide on the creation of a cantonal electoral register. It shall issue the necessary provisions by ordinance. In particular, it can mandate the municipalities to collaborate in the preparation of this register, record any amendments, and communicate these to the canton.
1. Provided that compliance with the provisions of the present law is ensured, municipalities are permitted to create the electoral register using electronic data processing.
2. For the creation of the cantonal electoral register, the State Council may prescribe an IT solution that is either uniform or enables electronic data transfer to the canton. The costs incurred for IT solutions mandated by the State Council for all municipalities shall be borne by the canton. The detailed provisions are governed by a regulation issued by the State Council.
1. The electoral register shall be continuously updated ex officio by recording or removing citizens who acquire or lose the exercise of their political rights in the municipality. This must be done immediately following the event that causes the change. It accounts for individuals who will obtain the exercise of political rights on the day of the election.
2. The municipal council oversees the maintenance of the electoral register and inspects it at least once a year. Before each election, it ensures that the entries and removals have been completed.
3. Political parties may receive a copy of the electoral register, either in print or on a data carrier, upon written request. The municipal council may demand reimbursement of the costs.
1. Appeals against the electoral register must be submitted with justification to the municipal council.
2. They can be lodged at any time by any voter of the municipality, regardless of whether it concerns a person whose entry in the register has been refused or approved.
3. However, in the 30 days preceding periodic federal, cantonal, or municipal elections, the voter can no longer lodge an appeal against the entry or removal of other citizens. The same applies to political parties entitled to file an appeal.
1. The municipal council shall decide on the objections within a period of three days. Its decisions on the acceptance or refusal of the registration of a voter in the register can be appealed to the Council of State.
2. The appeal must be submitted within three days following the notification of the decision of the municipal council. The Council of State shall make and announce its decision, if possible, before the election or vote.
1. If the municipal council fails to make or deliver its decision, the objection can be filed directly with the Council of State, which generally decides after hearing those concerned.
2. The same applies if the municipal authorities neglect their duty to update and monitor the electoral register.
3. Furthermore, the penal provisions set forth in Articles 220 and 221 shall apply.
1. The electoral register shall be declared closed on Friday evening prior to the voting day at 5 PM, subject to omissions, corrections of manifest errors, or pending appeals to the Council of State; only those voters registered in the electoral register shall be permitted to vote.
1. In the event of an omission or an obvious error, the election office shall decide. The decision shall be noted in the minutes.
1. The municipal council may introduce the permanent or non-permanent voting card.
2. If this option is utilized, voting in these municipalities can generally only occur upon presentation of the voting card.
3. The municipal council may decide that the return sheet serves as the voting card.
1. The voter casts their vote by personally going to the polls at their political residence or by voting by mail or by depositing their ballot in the municipality.
2. In cases of force majeure such as epidemics, disasters, disturbances of public order due to crowds, acts of war, etc., or if voting at the polls becomes impossible or significantly difficult, the State Council may generally mandate mail voting instead of polling for the entire canton, certain districts, or specific municipalities.
3. In extraordinary cases, the State Council may prohibit mail voting in a specific municipality.
1. Instead of personally placing their ballot in the box, the voter may vote from the receipt of the voting materials, either by mail or by depositing it at the municipality.
2. In the case of voting by mail, the consignment must reach the municipal administration via post by no later than the Friday before the election or vote. The postage costs shall be borne by the voter.
3. Those voting by mail can do so from any location within Switzerland or abroad. With the exception of delivery to registered Swiss citizens abroad, municipalities are not obliged to deliver voting materials to the place of residence abroad.
4. Municipalities must allow for the deposit of the transmission envelope at the municipal office until Friday before the election day, and for this purpose, they shall have a ballot box that has been sealed beforehand in the presence of at least three members of the counting office, which should adequately represent the political parties or groups. The times during which this deposit can occur must be communicated to citizens in the notice convening the assembly.
5. The State Council shall issue regulations regarding the modalities of postal voting and voting by deposit at the municipality.
1. Citizens who are unable to perform the actions required to exercise their right to vote due to physical infirmities may be assisted by a person of their choice at their place of residence, place of stay, or at the polling station. This person must maintain the secrecy of the vote.
1. The State Council may generally authorize electronic voting throughout the entirety or a part of the territory or restrict it to specific matters.
2. It shall determine, by means of regulation, the validity requirements for votes and the grounds for invalidity. The eligibility to vote, the secrecy of the vote, and the counting of all ballots and votes must be ensured, and any risk of misuse must be eliminated.
1. The casting of votes by proxy is prohibited.
1. Elections and referendums shall take place on the dates established by the constitution, law, or authorities.
2. For federal and cantonal elections and referendums, these dates shall be communicated to the citizens through a decree of the Council of State, which shall be published in the Official Gazette at least four weeks before a referendum and six weeks before an election.
3. The municipal council shall post the date of municipal elections and referendums in the public notice board at least 20 days in advance.
1. In execution of the decision of the State Council or the decision of the Municipal Council, the Municipal President summons the electorate at least 20 days prior to the voting date through a notice in the public announcement board.
2. The publication must specify the days and the opening hours of the voting, as well as the sequence of electoral procedures. The opening of a voting session must not occur after 8 PM.
3. The voters are to be convened on a Sunday morning.
1. The municipal council may open the polling stations on the Saturday before the voting Sunday.
2. ...
3. Reserved are the special provisions concerning federal votes and elections.
1. On voting Sunday, the polling stations shall be open for at least one hour.
2. In municipalities with more than 4,000 voters, the total opening time of the main office shall be at least two hours.
1. On Sunday, the polls will close no later than 12 noon. In municipalities where voting is conducted by sections, the municipal council may decide that the sectional offices close earlier than the main office.
1. For each election and ballot, municipalities shall establish as many polling stations as there are organized rounds of voting. The municipal council shall determine the number of members for each station based on needs, with each station consisting of at least three members.
**1. Depending on the need, the municipal council may establish multiple polling stations. In such a case, it shall set up a sectional office for each polling station, consisting of at least three members.**
**2. After the conclusion of the polling, the contents of the ballot boxes must be placed in an envelope, which shall be sealed in the presence of the sectional office and endorsed with the signatures of all its members. The envelope is to be personally handed over to the president of the main office by the president of the sectional office, to be opened and counted simultaneously with the main polling. This is subject to the provisions of Articles 69 and 81.**
**1. The Municipal Council appoints the president, the secretary, and the members of the various offices, who must be registered in the municipality's electoral register. The appointments are made at the beginning of the administrative term, as needed before each election.**
2. In its selection, the council duly considers political parties or groups represented within the municipality. These entities can propose candidates, who shall be accepted by the Municipal Council barring significant reasons to the contrary.
3. The council replaces a member who is unable to serve by appointing, whenever possible, a person belonging to the same political party or group.
1. No person may refuse to serve as a member of an electoral office, except for a significant reason (such as illness, prolonged absence, etc.). Refusal, failure to appear, or unjustified delay will be penalized with a fine of up to 500 francs, to be determined by the municipal council.
1. The municipal council may decide on compensation for the members of the offices and determine the amount.
1. The electoral offices exercise police powers in the tasks assigned to them.
1. Each office makes its decisions immediately with the majority of the members present. The president votes and casts the deciding vote in the event of a tie.
1. The actions and decisions of the polling station are recorded in a protocol, which is maintained by the secretary under the supervision of the president.
2. The protocol is signed by the president and the secretary.
1. The municipal councils shall provide the necessary polling and counting stations, preferably in a public building.
2. Any conversation between voters, any consultations except those of the office, any distribution of ballots, any actions with the aim of canvassing votes or obstructing the free exercise of the right to vote are prohibited in the polling building.
3. In the event of simultaneous elections and referendums, the voting offices must be clearly signposted.
1. The municipal authorities oversee the assurance of voting secrecy and complete voting freedom. For this purpose, they arrange the necessary facilities at the polling station. In particular, they set up one or more voting booths in the voting room, where ballot papers are available for selection and where voters must pass through to reach the ballot box.
2. The municipal authority ensures that the ballot papers and official voting ballots, as well as the instructions regarding elections and referenda, are available to the election office at the locations. The same applies to the forms for election protocols and the necessary writing, sealing, and packaging materials.
1. Suitable ballot boxes shall be provided in each polling station and, if applicable, in each section.
2. A separate ballot box shall be set up for each ballot.
3. The ballot box must be clearly and legibly labeled with the subject of the ballot.
4. The ballot boxes intended for postal voting and for voting by deposit at the municipality must be sealed from the dispatch of the voting materials to the voters.
1. The urns must be constantly supervised.
1. The texts of all cantonal proposals subject to a referendum shall be published in the Official Gazette.
2. These texts, as well as the accompanying explanations, shall also be published electronically (Internet).
1. For all cantonal votes, the State Council shall prepare official ballot papers as well as a brief explanation, which includes the text to be voted on and the exact wording of the question posed on the ballot paper.
2. The explanation must be objective and must also present the arguments of the significant minorities represented in the Grand Council. In the case of popular initiatives, the State Council shall, if necessary, also print the recommendations or the preliminary opinion of the Grand Council.
3. For popular initiatives or referendums, the committee shall submit a brief text with its arguments to the relevant department within the deadline set by that department. The State Council shall include this in its explanation. After consulting the committee, it may modify or reject statements that are defamatory, blatantly false, irrelevant to the subject, or excessively lengthy.
1. The State Council may, as an exception and in compliance with the principle of proportionality, correct falsehoods presented during an election campaign.
1. Articles 48 and 49 of the present law shall apply analogously to municipal referendums conducted under the present law.
1. Prior to each cantonal election, the State Council prepares a brief explanation.
1. For cantonal elections, the canton shall prepare at its own expense the ballot papers for each validly filed list as well as a blank official ballot paper. However, the candidates and the list signatories must reimburse these costs under joint liability
a) in a majority system (Majorzsystem), if the votes for the person with the highest number of votes on the list do not reach five percent of the total number of voters;
b) in a proportional system (Proporzsystem), if the votes received by the list do not reach five percent of the total number of votes cast.
2. The list representatives can obtain additional printed ballot papers at cost price from the State Chancellery. Political parties and groups are not allowed to print such ballots themselves.
3. This provision does not apply to the election of the Council of States (Ständeratswahl).
1. Prior to each general election of the municipal authorities, the municipal council prepares a brief statement.
1. For municipal elections, the municipality shall produce at its own expense the ballots for each validly submitted list, as well as a blank official ballot. The municipal council may request reimbursement of the costs under the conditions established by Article 52.
2. In the absence of submitted lists or for a supplementary election (Art. 159 para. 2 and 205 para. 2), only the blank official ballots shall be distributed to the voters.
3. Political parties or groups are not permitted to print ballots.
1. The official ballots, the explanations or the messages of the Council of State, and, if applicable, the recommendations of the Grand Council, are to be distributed by the Canton to the municipalities.
2. The explanations or messages, as well as, if applicable, the recommendations of the Grand Council, are published electronically (Internet).
1. Before each election or vote, municipalities shall address personally to each voter
a) * a ballot paper or, in the case of elections, a copy of each printed election ballot and a blank official ballot, or the sole official ballot;
b) the explanation for an election;
c) * the voting texts as well as the explanatory message from the Council of State or the recommendations from the Grand Council in the case of a vote;
d) a transmission envelope;
e) as many voting envelopes as there are organized elections;
f) the voting card, if applicable.
2. A voter who has not received the voting materials may request a duplicate from the municipal office. The regulations govern the modalities.
1. The municipalities shall ensure that all voters receive all documents no later than 15 days before the election or vote. This period is reduced to 8 days for the second round of elections.
2. If a federal and a cantonal ballot take place on the same day, the voting materials shall be sent to the voters simultaneously in accordance with the federal legal deadlines.
1. Every voter has the right to request that the voting materials be provided in one of the two official languages of the canton.
1. The costs for the preparation and printing of the transmission envelopes, ballots, explanations, messages, and their distribution to the municipalities shall be borne by the canton. The costs of delivery to the voters shall be borne by the municipalities.
1. **Article 55 of the Present Law** applies to municipal elections and referenda conducted by secret ballot in accordance with Articles 30 and following of the present law. It does not apply to organized voting during the course of a public assembly or immediately following it.
2. Voters shall receive the ballots no later than 15 days prior to the election date. Article 56 paragraph 2 of the present law applies analogously. However, for runoff elections and by-elections, this period is reduced to five days.
1. The polling offices ensure the confidentiality of the vote and the lawful conduct of the voting process. They maintain order and peace within the polling stations and in their immediate vicinity, and prevent any illegal actions. They must expel any person who becomes intrusive to the voters either inside or outside the premises or disrupts the electoral proceedings. They can, if necessary, request the intervention of the municipal police through the mayor, or, if unavailable, the cantonal police.
2. The polling office particularly ensures that access to the ballot box is constantly free and that voters are not subjected to any pressure.
1. Before the voting commences, the ballot box shall be opened by the president of the polling station, so that all members of the polling station can ascertain that it is empty; it shall then be sealed by the president, who shall not open it again until the counting or sealing after a partial ballot has taken place.
2. The polling stations shall, under the responsibility of their president, take the necessary measures to ensure the inviolability, transport, and storage of the ballot boxes or sealed voting materials during interruptions in the voting process.
1. The office regularly ensures that all ballots and voting slips are available in sufficient quantities in the voting booths.
1. The office ensures whether the person presenting themselves to vote is registered in the voting register or, if necessary, requests the presentation of the voting card, whose validity it checks.
2. If a person does not fulfill these conditions, they will be denied access to the ballot box, unless it is a manifest error or an omission. All decisions of the office will be recorded in the minutes.
3. Depending on the type of voting, the office
a) writes the name of each voter in a list;
b) collects the non-permanent voting cards;
c) checks the number of the permanent voting card and records it in writing.
4. The State Council is authorized to allow other voting controls (magnetic card, etc.).
1. A person registered in the electoral roll who is unable to present their voting card can prove their identity and will still be permitted to vote. The office ensures that the same person cannot vote twice.
1. The voter casts their vote by using a voting envelope, which is personally handed to them at the entrance of the voting booth, into which they place a ballot or voting paper.
2. They exercise their right to vote by personally placing their voting envelope into the ballot box under the supervision of a member of the polling station staff.
3. A voter who is unable to read or write may be accompanied by a person of their choice into the voting booth.
1 To exercise the right to vote, only the official ballot papers may be used. These may only be completed or altered by hand.
2 Exceptions are reserved for the special provisions regarding electronic voting.
1. For every election and vote, the municipality establishes as many counting offices as there are organized polling operations.
2. The municipal council determines the number of members in the offices according to the needs of each office, with each consisting of at least three members.
3. The municipal council may stipulate that the polling offices also function as counting offices. It may also establish a single office that successively conducts the counting of all polling operations.
1. In municipalities with more than 200 voters, the counting office can be divided into auxiliary offices consisting of at least three members, which convene in the same premises as the main office.
2. The auxiliary office submits contested cases to the main office, which is solely responsible for their assessment.
1. For the voting process, the counting of the ballots may be conducted by the polling station office. For the elections, the Council of State may exceptionally authorize the counting by the polling station office.
1. The municipal council appoints the president, the secretary, and the members of the polling stations, who must be registered in the electoral roll of the municipality. The appointment takes place at the beginning of the administrative period and as needed before each voting session.
2. In its selection, the council reasonably considers political parties or groups represented in the municipality. These parties or groups may make proposals.
3. The council replaces a member who is unable to serve by appointing, whenever possible, a person belonging to the same political party or group.
4. Each political party or group may designate an observer to attend the counting proceedings. The request must be submitted by no later than the Wednesday before the voting session.
1. Articles 38 and 39 of the present law are applicable.
1. The Counting Office convenes on the day of the ballot immediately after its close in the designated location for this purpose. The counting procedures are not public. Only the members designated by the office and the authorized observers are allowed access.
1bis For referenda, the votes sent and deposited by mail may be counted on Sunday morning before the close of the polls. All measures must be taken to keep the results confidential and prevent any influence on the ballot.
2. If a municipality votes by sections and the counting is centralized, the ballot boxes are transported to the counting location under the responsibility of the president of the section office, accompanied by a member of this office, where they are unsealed. The contents of the ballot boxes from all polling offices are mixed before counting can commence.
3. The municipal council convenes the members of the Counting Office at the beginning of the administrative period and, if necessary, before each ballot for an instructional meeting.
1. For all federal, cantonal, and municipal elections and referendums, the counting office conducts a partial count before the opening of the polling stations. The partial count can begin on the Thursday prior to the voting day.
2. The regulations determine the modalities of the partial count, particularly the separate counting of postal votes and votes deposited at the municipality.
3. However, the voting envelopes must not be opened.
1. The State Council may authorize municipalities to use technical or electronic means for determining the results of the ballot.
2. The counting of elections and votes may be conducted using a data processing program approved by the State Council and homologated by the Federal Chancellery insofar as it concerns federal elections and votes.
3. The State Council may provide or, in consultation with the municipal association, prescribe a uniform electronic counting system for all municipalities.
1. Insofar as there is only one counting office, it shall first proceed with the counting of the federal elections and referendums, then the cantonal, and finally the communal elections and referendums.
**1. The results of the elections and votes are determined by the Counting Office. After the opening of the ballot boxes, the office proceeds to:**
a) count the ballot envelopes inside the box, the number of which must match the number of voters;
b) exclude the ballots that are not in a ballot envelope;
c) open the ballot envelopes, determine the number of ballots, number them during elections, and immediately attach together any ballots found to be doubled in one envelope;
d) determine the empty, invalid, and valid ballots;
e) ascertain the numbers of 'yes' and 'no' votes in ballots, the number of candidate votes for each person running, if applicable, the number of votes obtained by each deposited list, as well as the number of blank votes.
1. Ballots are considered invalid
a) if they are not enclosed in the official ballot envelopes;
b) if they contain or are marked with defamatory expressions;
c) if they are filled out or altered otherwise than by handwriting;
d) if they are handwritten but not filled out on the official ballot paper;
e) if the same ballot envelope contains several ballots that are not identical and pertain to the same election or vote; if the ballots are identical, only one of them will be declared valid; if the ballot envelope contains a valid and a blank official ballot, the latter will not be considered;
f) if they are printed and do not match an officially deposited list;
g) * if they bear no name of a candidate proposed in the electoral district when using a list designation or list number;
h) if they do not allow the voter's intention to be clearly determined;
i) * if they contain more than one name when electing a single member of an authority; subject to the election to the Council of States (sole official ballot);
j) * ...
k) if they are not intended for the relevant election or vote;
l) if they do not contain a legible name;
m) if all votes are invalid;
n) * if they are enclosed in transmission envelopes that do not comply with the regulations;
o) * if in the election to the Council of States, more boxes are checked on the sole official ballot than the number of persons to be elected.
2. Ballot envelopes that contain no ballot paper are treated as invalid ballots.
3. Reserved are the specific grounds for invalidity related to postal and electronic voting.
**1. Void Ballots**
Void ballots are those that do not contain the name of any candidate or a cross (in the case of a single official ballot) or do not provide an answer to the question asked. If a ballot contains more than one question, any unanswered questions are declared as void votes.
1. The deletions made by the counting office must be identifiable (red ink).
2. After the conclusion of the voting, the counting office takes custody of the voting materials, including the list of voters or, if applicable, the voting cards or electronic data, the transmission envelopes, the non-compliant voting envelopes, the empty voting envelopes, the invalid ballots, the empty ballots, and the valid ballots; this material is sealed and signed by the president and the secretary of the counting office. A copy of the voting protocol is to be attached to these records.
**1. The Counting Office**
The Counting Office assumes control and responsibility for the auxiliary offices and issues all necessary orders to ensure the regularity of the count, conducting spot checks as needed. Only the main office assesses the validity of the ballots and decides on doubtful or contentious cases.
**2. Conclusion of Counting**
Upon completion of the counting process, the members of the auxiliary offices sign the tally sheets and transmit them along with the ballots to the main office. The main office signs the tally sheets as well, compiles the summary election protocol, and proceeds to its consolidation.
1. If a sectional office is authorized to separately count the results of the election, its president shall be convened by the president of the main office after the completion of the count to compile the general tally. This tally must be signed by all office presidents.
2. A duplicate of the minutes from each office shall be attached to the general election record.
1. The counting procedures for the periodic federal, cantonal, and municipal elections are the subject of specific directives issued by the competent department.
1. The election or voting record shall be prepared in accordance with the instructions and templates issued by the competent department; it shall be read out and signed by the members of the office during the meeting. The record provides detailed results of the vote count and the actions taken for each ballot.
1. The results of each ballot are determined by the authority designated as competent by this law.
2. In the event of a tie vote in an election, the decision is made by drawing lots. The drawing is conducted
a) for municipal and community elections by the president;
b) for regional council elections by the prefect;
c) for the elections of the state council and the council of states by the president of the regional council.
3. The parties concerned are summoned for this purpose.
1. Once the result of the vote is determined, the president of the counting office shall immediately send a duplicate of the protocol to
a) the president of the municipality for municipal elections and referenda;
b) the prefect of the district for the Grand Council elections;
c) the competent department for federal and cantonal elections and referenda, as well as for municipal elections.
2. For federal and cantonal elections and referenda, the results must be communicated to the State Chancellery immediately by telephone or by another method prescribed or permitted by the State Council.
1. The results of the federal and cantonal elections and referendums shall be communicated to the media by the State Chancellery immediately after their determination.
2. The results of the municipal elections and referendums shall be announced to the citizens immediately after their determination by the counting office on the evening of the polling day by posting in the public notice board. The mayor is responsible for this.
1. The results of the federal and cantonal elections and referendums are published in the official gazette by the competent department without delay.
2. For municipal elections and referendums, the municipal council may decide on additional means of publication.
1. Ballots, the list of voters, tally sheets, as well as voting envelopes and transmission envelopes must be kept for 15 days to allow for inspection in the event of an election complaint. If no complaint is filed, they are destroyed after this period, ensuring the confidentiality of the vote and under the responsibility of the mayor.
2. For federal and cantonal elections and referendums, the storage, transmission, and destruction of voting materials must be carried out in accordance with the regulations of the Council of State.
1. The State Council sets the date for the cantonal referendums.
2. The cantonal votes should, if possible, be held on the same day as the federal referendums.
3. The State Council convenes the electorate with a decision published in the official gazette at the latest during the fourth week prior to the referendum date.
1. The State Council submits the matters subject to referendum to the popular vote without delay, but no later than one year after their adoption by the Grand Council.
1. The voter uses the official ballot paper that was sent to them before the vote or that is available in the voting booths.
2. The State Council may authorize other forms of voting, particularly by electronic means, through regulations.
1. The initiative and the counter-proposal shall be submitted to a popular vote at the same time.
2. The ballot paper contains three questions
a) Do you want to accept the popular initiative?
b) Do you want to accept the counter-proposal?
c) If both the initiative and the counter-proposal achieve the required majority, which of the two texts should come into force: the initiative or the counter-proposal?
3. For the purpose of answering the third question, voters are called upon to make their selection by ticking the corresponding box on the ballot paper.
4. The majority is calculated separately for each question.
5. If both the initiative and the counter-proposal are accepted by the required majority, the result of the answers to the third question is decisive. The text that receives the most votes from the voters on this question shall come into force.
6. The State Council provides the municipalities with a computer program to record the results if a counter-proposal is submitted against an initiative.
1. If a constitutional provision is submitted to the electorate with an alternative, voting shall take place in accordance with the procedure applicable to an initiative with a counter-proposal.
1. The municipal council, where possible, sets the date of the municipal referenda to coincide with a federal or cantonal referendum.
2. It posts its decision in the public notice board at least 20 days prior to the date of the referendum. The municipal council may decide on additional means to inform the citizens.
1. The permissible initiatives and the referendums that have come into effect must be submitted for a vote within six months from the date of the validity decision or the determination of their coming into effect.
1. Article 91 of the present law is applicable.
1. This title governs the exercise of the rights of initiative and referendum in cantonal matters.
2. The rights of initiative and referendum in federal matters are regulated by the federal legislation on political rights and by the cantonal implementing legislation.
1. An initiative or a referendum, along with the corresponding signature lists, must be submitted to the State Chancellery within the prescribed deadlines before 12 PM. Submission by postal mail is not permitted.
1. Every person entitled to vote in cantonal matters is entitled to sign an initiative or a referendum request.
1. The voter must manually and legibly provide their last name, first name, date of birth, address, and signature.
2. They may only sign the same initiative or referendum request once.
3. Anyone who intentionally provides a signature other than their own, signs on behalf of a third party, or signs more than once, is liable to prosecution under the Swiss Criminal Code (Article 282 SCC).
1. The signature lists must be prepared separately for each municipality and contain the following information
a) the political municipality where the signatories are registered in the electoral roll;
b) the text of Article 100 of the present law.
1. Whoever downloads a list provided electronically by the State Chancellery for signing is responsible for ensuring that it complies with all legal formal requirements.
1. The Mayor confirms that the signatories are eligible to vote if their names appear on the electoral register on the day the signature list is submitted for certification. He must also verify the authenticity of the signatures that appear doubtful to him. Finally, he must check whether the same person has not signed the same request twice.
2. The signature lists must be submitted to the Mayor for certification of voting eligibility in due time before the expiration of the prescribed deadline.
3. The certification must be granted free of charge, be dated, contain the number of valid signatures in figures and words, and be signed by the Mayor and returned to the sender within a period of eight days.
4. If the Mayor is unable to certify the signatures by the deadline, he shall note this on the signature list, indicating the date of receipt.
5. The certification may be granted collectively for several sheets. In this case, it indicates the number of sheets and signatures to which it pertains.
1. The Certification is Refused
a) if the name of the signatory is not listed in the electoral register on the day the signature list is submitted for certification;
b) if the signature is not identifiable;
c) if the conditions of Articles 100 and 101 are not met.
2. If the person has signed multiple times, only one signature is certified.
3. The reason for the refusal of the certification is indicated on the signature list.
1. The State Council decides whether a referendum or a popular initiative has obtained the required number of valid signatures. Its decision is published in the Official Gazette.
2. Invalid are
a) the signatures on the signature list that do not meet the requirements of Article 101;
b) the signatures of persons whose eligibility to vote has not been certified or for whom the certification is invalid or improperly issued;
c) the signatures on signature lists submitted after the deadline has expired.
3. In the event of evident negligence, the State Council or the department designated by it may request the municipalities to repeat the certification process, provided that the outcome depends on it. The date relevant for recognizing the signatories' eligibility to vote corresponds to the date when the signature list was first submitted for certification.
4. These control actions may be carried out even after the deadline for submitting the signatures has passed.
1. The decision of the State Council regarding the realization or non-realization of a referendum request or an initiative can be appealed to the Grand Council within 30 days of its publication.
1. Every initiative petition must be signed by all initiators and reported to the State Chancellery before the start of the signature collection.
2. The State Chancellery checks whether the signature list complies with the requirements of this law. It may modify the title of an initiative that is misleading, likely to cause confusion, or contains propagandistic elements. In case of disagreement, the State Council decides as the final cantonal instance.
3. After this verification, the title and text of the initiative are published in the Official Gazette in both languages. The deadline for the collection of signatures is also mentioned therein.
4. The State Chancellery checks the consistency of the texts in both languages and makes the necessary translations, if required.
1. In addition to the requirements specified in Article 101 of this Act, the signature list must contain
a) the title and text of the initiative in both languages;
b) the deadline for the submission of signatures;
c) the names, first names, and addresses of at least seven initiators of the initiative (initiative committee);
d) an unconditional withdrawal clause stating that the majority of the members of the initiative committee are authorized to withdraw the initiative.
1. The initiative committee shall designate a representative who acts on its behalf and to whom official communications are validly delivered.
1. The committee submits the certified signature lists to the State Chancellery in a single instance and within the period of one year.
2. The period begins to run from the publication of the initiative text in the official gazette.
1. The initiative can be withdrawn within 30 days from the publication of the decision by the Grand Council to submit the initiative to a public vote.
2. An initiative drafted as a general proposal, which the Grand Council adopts, or an initiative approved by the Grand Council in the form of a detailed proposal, can no longer be withdrawn.
3. The State Council examines whether the withdrawal of the initiative occurred under proper conditions.
1. The decrees subject to the referendum shall be published in the Official Gazette, with mention of the referendum deadline if applicable.
1. In addition to the requirements mentioned in Article 101 of this Law, the signature list must include
a) the designation of the decree subject to the referendum, along with the date it was adopted by the Grand Council;
b) the deadline for the submission of signatures;
c) the indication that the referendum request cannot be withdrawn.
1. The election of the members of the State Council and the Council of States is conducted as a list election and follows the majority system, with an absolute majority required in the first ballot and a relative majority in the second ballot.
2. The absolute majority is calculated for each candidate based on the number of valid ballots.
3. The entire canton constitutes the electoral district.
1. Eligible for election to the Council of States is any Swiss citizen entitled to vote, who resides in the canton. The loss of voting rights in the canton results in the loss of the mandate.
1. The eligibility requirements are set forth in Article 52 of the Cantonal Constitution. The affiliation to the electorate of a district is determined for all candidates of the first or second ballot according to their residence on the last day designated for the submission of lists for the first ballot. A subsequent change of residence is not considered.
2. A change of residence after a first election is no longer considered.
3. In addition, the provisions of the law on incompatibilities apply.
1. Political parties or groups proposing candidates must submit their list of candidates to the State Chancellery by no later than 12:00 PM on the eighth Monday before the election, with confirmation of receipt.
2. The State Chancellery shall publish the submitted lists with the names of the candidates without delay in the official gazette.
1. Each list must be signed by at least 100 voters in the name of a political party or group. It must designate a representative and a deputy. If not, the first signatory of the list is considered its representative and the following signatory as the deputy. The list of signatories must be accompanied by a certificate from a municipality of the canton verifying their voting eligibility.
2. The list of candidates must be accompanied by a certificate from a municipality verifying their voting eligibility and a signed declaration of acceptance of candidacy. The municipal certificate for each list signatory and candidate must be obtained before submitting the list. The candidates' list must not contain more names than there are candidates to be elected. Candidacies not accompanied by the certificate or declaration of acceptance, as well as non-electable or surplus individuals, will be automatically removed by the State Chancellery.
3. A person may only appear on one list and cannot withdraw their candidacy after the list has been submitted.
4. The representative of the list may only modify it after submission if a person is no longer eligible. In any case, no changes to the list can be made after the deadline for submission (Monday of the eighth week at 12 noon).
1. No one may sign more than one list of candidacies.
2. Any violation of this provision results in the invalidity of those signatures.
3. Any signature annulled for this reason may be replaced within 48 hours.
1. A signature cannot be withdrawn after the list has been filed.
1. The voters of the canton can examine the lists of candidatures and the names of the list signatories at the State Chancellery.
1. A ballot paper must not contain more names than there are persons to be elected.
2. A political party or group may have the designation of the political party or group printed on the ballot paper.
3. A person may not appear on more than one printed ballot paper.
4. ...
1. The State Chancellery shall print the ballot papers for each deposited list as well as a blank official ballot paper. Only these printed or blank official ballot papers are valid.
1. The sole official ballot paper contains the names of the candidates.
2. The candidates are listed in the following order
a) incumbent officeholders in alphabetical order;
b) other candidates in alphabetical order.
3. The sole ballot paper indicates the maximum number of candidates for whom the voter may cast a vote by marking the corresponding box or boxes.
1. The State Chancellery prints the sole official ballot. Only these printed official ballots are valid.
1. In the first ballot, the individuals who have reached the absolute majority are elected.
2. If, in the first ballot, more individuals reach the absolute majority than there are seats to be filled, those who have received the most votes are elected for the available seats.
3. In the event of a tie, the decision shall be made by lot (Art. 84).
1. If no list was submitted in the first round of voting, the electorate may vote for any eligible person.
2. The individuals who have achieved an absolute majority must explicitly accept their election. This declaration must be made to the State Chancellery by Monday after the election, no later than 12 PM. The absence of such a declaration signifies a waiver. If not all seats are filled, a second round of voting will take place.
1. The results of the first round of voting shall be announced by the State Chancellery by no later than Monday at 12 p.m. and subsequently published in the next issue of the Official Gazette.
1. If not all the candidates to be elected achieve an absolute majority in the first ballot, a second ballot (run-off) will take place.
2. The second ballot may be participated in by those candidates who were not elected in the first ballot and received a number of votes greater than or equal to eight percent of the total number of voters. Furthermore, the lists on which one of the candidates received a number of votes greater than or equal to eight percent of the total number of voters may
a) * include one or more new candidates;
b) * experience the replacement of one or more candidates.
3. In the second ballot, only a simple majority is required. In the event of a tie, the decision will be made by drawing lots (Art. 84).
4. The run-off will take place on the third Sunday after the first ballot.
1. The lists of candidatures must be submitted to the State Chancellery with a receipt of acknowledgment no later than Tuesday following the first round of voting by 5 PM. They must be signed by at least 50 voters, and accompanied by a certificate from a municipality for each list signer and candidate confirming their eligibility to vote, as well as a declaration of acceptance of candidature signed by the candidates. The municipal certificate must be obtained before the submission of the list.
2. A list must not contain more candidate names than there are members to be elected. Candidatures that are not accompanied by a certificate of voting eligibility from a municipality and a declaration of acceptance, as well as non-eligible or surplus persons, will be removed by the State Chancellery ex officio.
3. ...
4. Articles 117 to 123b are applicable in other respects.
1. If the number of candidacies for the runoff election is equal to or less than the number of mandates to be allocated, all candidates shall be declared elected by the Council of State without a vote being held. If there are still mandates to be allocated, the runoff election shall be maintained only for the remaining mandates, and the voters may vote for any eligible person.
1. If no list is submitted in the second round of voting, voters may vote for any eligible person.
2. Persons elected with the required majority in the second round must expressly accept their election. This declaration must be submitted to the State Chancellery by 12 p.m. on the Monday following the election. Failure to submit a declaration will be considered a renunciation.
3. In the event of renunciation, a supplementary election will be conducted in accordance with Article 134.
1. The voter exercises his right to vote by either using a printed ballot paper or a blank official ballot paper.
2. If he uses a printed ballot paper, he may alter it by hand, either by striking out the names of certain candidates or by writing the names of other candidates on it.
3. It is prohibited to place the same candidate's name more than once on the same list. The repetition of a name is considered as not written.
4. If he uses the blank official ballot paper, he must fill it out by hand.
1. The eligible voter exercises their voting right using the sole official ballot paper.
2. The eligible voter casts their votes for the candidates by manually marking the box next to their name.
3. The sole official ballot paper is invalid if it contains more marked boxes than the number of persons to be elected.
1. In the first and second rounds of voting, each voter has as many votes as there are seats to be filled.
2. In all cases, votes may only be cast for individuals listed on one of the validly submitted lists. A vote given to a person not listed is invalid. Articles 125 and 130 remain reserved.
1. If a ballot paper lists more names than there are positions to be filled, the counting office shall strike out the excess names, beginning with the names on the reverse side of the ballot paper. The striking out shall proceed from bottom to top.
2. If the ballot paper contains multiple parallel columns, the office shall begin by striking out the last name in the column on the right and continue in an upward direction within that column; if necessary, the office shall continue similarly for the following columns, moving from right to left. The names entered in the vertical columns are also to be struck out, starting from the right.
1. The State Council sets the date for the supplementary elections. These occur in accordance with Articles 114 to 133. However, if there is only a single candidate for a single seat to be filled in the first round of voting, this candidate shall be declared elected by the State Council without a ballot.
1. The allocation of seats among the districts is carried out in accordance with Article 84 of the Cantonal Constitution.
2. The State Council determines, by means of a decision published in the Official Gazette, the number of seats allocated to each district and subdistrict based on the latest officially published population statistics.
1. The representatives and alternates are elected directly by the people using the system of double-proportional allocation.
2. The election of the representatives and alternates takes place on the same ballot paper, in separate voting rounds.
3. Under penalty of nullity, the list must contain at least the candidacy of one representative and one alternate.
1. The cantonal territory is divided into six electoral districts to ensure the distribution of seats according to the political forces.
2. The six electoral districts are
a) the Brig electoral district, divided into three sub-districts corresponding to the Goms district, the Eastern Raron subdistrict, and the Brig district;
b) the Visp electoral district, divided into three sub-districts corresponding to the Visp district, the Western Raron subdistrict, and the Leuk district;
c) the Siders electoral district, consisting of a single sub-district corresponding to the Siders district;
d) the Sitten electoral district, divided into three sub-districts corresponding to the districts of Sitten, Ering, and Gundis;
e) the Martinach electoral district, divided into two sub-districts corresponding to the districts of Martinach and Entremont;
f) the Monthey electoral district, divided into two sub-districts corresponding to the districts of Saint-Maurice and Monthey.
1. The district is the sub-electoral constituency for the election of the Grand Council.
2. The half-districts of Eastern Raron and Western Raron each form a separate sub-electoral constituency, both for the distribution of seats among the districts and for the election of the members of the Grand Council.
3. The election takes place in the municipalities.
1. In each district, the lists must be submitted to the prefect of the district, with a confirmation of receipt, by no later than 12:00 PM on the Monday of the eighth week before the election.
2. Sending the lists by mail or by other means (fax, electronic) is not permitted.
3. Each list must carry a designation that distinguishes it from the other lists.
1. Lists that bear the same designation and the same ordinal number form a list group at the constituency level.
**1. Each candidate must declare in writing that they accept their candidacy. If this declaration is missing at the time of the list submission, their name will be removed from the list. A candidate cannot retract their signature after the list has been submitted.**
1. The lists may not contain more candidates than there are deputies and substitutes to be elected in the district. No name may appear more than once. Any surplus names will be deleted.
2. No name may appear simultaneously on the list of deputies and on that of substitutes. If this occurs, the name will be deleted from the list of substitutes.
1. Multiple Candidacies are Prohibited.
2. A candidate whose name appears on more than one list in the same district will be immediately removed from all lists by the district's prefect.
3. A candidate whose name appears on a list in multiple districts will be immediately removed from all lists by the State Council.
**1. The list must be signed by at least ten citizens who are eligible to vote in the district. Each signatory of the list must legibly write their last name, first name, profession, date of birth, residence, and signature in handwriting.**
**2. The signatories of the list shall designate a representative and a deputy, responsible for liaising with the authorities. If they fail to do so, the first signatory shall be deemed the representative and the next signatory shall be considered the deputy.**
**3. The representative has the right and duty to make all necessary declarations in a legally binding manner on behalf of the signatories of the list, which are suitable to resolve any arising difficulties. Decisions made by the signatories of the list are taken by an absolute majority.**
1. No one may sign more than one list of candidates.
2. Any violation of this provision will result in the invalidation of the signatures.
3. Each signature declared invalid can be replaced within 48 hours.
1. A voter cannot withdraw their signature after the submission of the list.
1. A list cannot be withdrawn after it has been deposited.
1. The voters may inspect the lists of candidacies and the names of the signatories at the prefect's office and, after their submission to the competent department, at that department.
1. The Prefect of the district, or, where applicable, the State Council, shall review each electoral list, strike off ineligible candidates, and set a deadline of no more than 48 hours for the representative of the list signatories to provide any missing voter signatures, replace candidates who have been disqualified due to excess candidacies, complete or correct candidate designations, or modify the list name to prevent confusion with lists of other political parties.
2. The individuals proposed for replacement must declare in writing that they accept their candidacy. In the absence of any contrary indication by the representative of the list signatories, the substitute candidacies shall be placed at the end of the list.
3. If a deficiency is not rectified within the granted time, the list shall be declared invalid. If a deficiency pertains only to a single candidacy, only that candidate's name shall be struck off.
4. The decisions of the Prefect must be made by the Friday of the eighth week before the election at the latest and communicated immediately. Appeals against these decisions must be submitted to the State Council within 24 hours, which shall render a final decision by the Wednesday of the seventh week before the election at the latest.
5. No changes may be made to the lists after the Thursday of the seventh week before the election.
**1. The finalized candidate lists constitute the official lists. These lists are published in the Official Gazette as soon as possible.**
**2. The prefects transmit the lists for printing and publication in the Official Gazette, along with their designation, to the competent department.**
**3. The competent department assigns a serial number to each group of lists in each electoral district. This serial number forms an integral part of each list. The allocation of serial numbers is conducted by drawing lots among the list groups that have been deposited in all districts of the electoral district. The other lists or list groups receive subsequent serial numbers, if necessary, by drawing lots.**
**4. ...**
1. The deposited lists must not be merged.
1. The voter casts their vote by using either a printed ballot paper or a blank official ballot paper.
2. A person who uses a blank official ballot paper may write down the name of candidates who appear on one of the filed lists. They may also enter the designation or the ordinal number of one of the filed lists.
3. A person who uses a printed ballot paper may strike out candidate names and enter candidate names from other lists (cross-voting). They may also strike out the designation and the ordinal number of the list or replace it with another designation or another ordinal number.
4. Votes can only be cast for candidates who are on a list validly filed within the sub-electoral district.
5. Cumulation is not permitted, and the name of a candidate that appears more than once on the same ballot paper counts as only one vote for that candidate.
6. The changes, additions, or deletions must be made by hand. If the list designation and the ordinal number do not match, the list designation shall prevail.
1. For each election, the voter has as many votes as there are representatives and substitutes to be elected in the district.
2. If a ballot contains fewer candidate names than there are members to be elected, the unused candidate votes shall count as additional votes for the list whose designation or ordinal number the ballot bears. If the ballot bears neither a designation nor an ordinal number, or if it bears multiple designations, the unused votes are referred to as blank votes.
3. Names not appearing on any list are not considered. However, the votes attributed to them count as additional votes if the ballot carries the designation of a list or an ordinal number and includes at least the name of one validly submitted candidacy.
4. If a ballot contains more names than members to be elected, the counting office shall strike the excess by beginning with the names on the back of the ballot. The striking is done from bottom to top. If the ballot contains multiple parallel columns, the office begins by striking the last names of the column on the right and continues upward in that column; if necessary, the office proceeds in the same manner for the following columns, from right to left. Names entered in the area of vertical columns are also struck first, starting from the right.
5. Ballots that bear a list designation but not the name of a candidate proposed in the sub-district are invalid.
1. After the conclusion of the voting process, the counting office shall immediately inform the State Chancellery of the results by telephone or through another prescribed or State Council-approved means.
2. It shall transmit the election protocols and the counting forms provided by the competent department to the central office.
1. The central office consists of one prefect per electoral district, the state chancellor, who presides over the office, as well as a vice chancellor and a representative of the relevant department.
2. The office meets no later than the morning of the Monday following the election and proceeds to compile the results and allocate the seats to the electoral districts and sub-districts. It prepares the election record separately for deputies and for substitutes.
1. A candidate list group that achieves eight percent in at least one sub-electoral district participates in the upper allocation of seats. The votes of the excluded lists are not considered for determining the allocation quotient.
1. The total number of votes for each list per district is divided by the number of seats to be allocated in the respective district and rounded to the nearest whole number, either up or down. The result determines the weighted number of voters for each list in the corresponding sub-electoral district.
2. In each group of lists, the weighted voter numbers of the lists are added together. The sum is divided by the allocation quotient and rounded to the nearest whole number, either up or down. The result indicates the number of seats for the respective group of lists in the corresponding electoral district.
3. The competent department sets the allocation quotients so that all seats in each electoral district are allocated.
4. In electoral districts that consist of only a single sub-electoral district, this allocation is definitive.
**1. The number of votes for each list is divided by the sub-district divisor and the list group divisor, and then rounded to the nearest whole number, whether higher or lower. The result indicates the number of seats each list receives in the districts.**
a) * ...
b) * ...
c) * ...
d) * ...
e) * ...
f) * ...
**2. The competent department determines the sub-district divisor and the list group divisor in such a way that when proceeding according to paragraph 1:**
a) * each district receives the number of seats assigned to it by the Council of State, and
b) * each list group receives the number of seats it is entitled to according to the upper allocation.
1. From each list, candidates who have received the most votes shall be declared elected up to the number of seats obtained.
2. In the event of a tie, the decision shall be made by drawing lots.
3. If a parliamentary list is allocated more seats than it has candidates, the remaining seats shall be assigned to the substitutes in the order of the votes received, or by drawing lots in the event of a tie.
4. If there are no more substitutes, the signatories of the relevant list are entitled to submit a list of candidates at the request of the Council of State. This list must be approved by the majority of the signatories. The same procedure applies if more seats are allocated to a list of substitutes than it contains candidates.
5. Persons determined in this manner are considered elected by silent election.
6. If the signatories of the candidate list do not exercise their right, a supplementary election shall take place in the affected sub-electoral district on a date set by the Council of State.
1. If no list is submitted, voters can vote for any eligible person.
2. Each voter has as many votes as there are seats to be filled. If a ballot contains more names than the seats to be filled, the last names are crossed off according to the provisions of Article 151, Paragraph 4 of this Law.
3. The individuals who receive the highest number of votes are elected (relative majority). In the event of a tie, the decision is made by drawing lots.
4. ...
4a. The votes allocated to these individuals are not considered in the calculation of votes for the overall allocation per electoral district.
1. If only a single submitted list is present, all candidates from this list are elected without a poll.
2. If the number of candidates on this list is fewer than the number of seats to be filled, a supplementary election according to the majority system without list submission shall take place on the date scheduled for the regular poll. Those elected are the individuals with the highest number of votes received (relative majority). In the event of a tie, the decision is made by drawing lots.
3. ...
3a. The allocated votes and seats are not considered in the calculation of votes for the upper allocation per electoral district.
1. The seats that become vacant during the term shall remain with the list to which they were assigned.
2. The State Council shall consequently declare the first unelected candidate from this list as the representative. In the event of a tie, the decision shall be made by drawing lots.
3. If the list to which this seat was assigned has no unelected candidates, the State Council shall declare the substitute in the order of the votes received as the representative.
4. In the event of the death, ineligibility, or resignation of the first unelected candidate or the substitute, the person immediately following shall be declared elected.
5. If there are no additional candidates or substitutes, Article 157, paragraphs 4 to 6 shall apply. A by-election will not be held if the renewal of the Grand Council occurs within twelve months. No supplementary election is organized to fill the vacancy of a substitute.
1. Members and substitutes who resign must inform the Council of State of this in writing, which shall take the necessary measures for their replacement in accordance with the above provisions.
2. The Council of State shall ex officio replace members who are considered to have resigned within the meaning of Article 10 of the Law on the Organization of Councils and the Relations between the Powers.
1. In a supplementary election, every voter may vote for any eligible person. Each voter has as many votes as there are seats to be filled.
2. The election takes place on a date determined by the State Council, using the plurality system with a simple majority without list submission. The person who receives the most votes is elected. In the event of a tie, the decision is made by drawing lots.
1. The provisions regarding the elections to the Grand Council apply to the election of the members of the Constitutional Council (Art. 103 KV).
1. The State Council shall determine by resolution the date of the elections for municipal and local authorities, generally setting it for the second Sunday in October.
1. In every municipality, the assembly of citizens who possess political rights constitutes the primary assembly, whose powers are determined by the constitution and the laws.
1. Each municipality with a population of more than 700 inhabitants shall establish a General Council as soon as the majority of the general assembly decides to do so.
2. For this purpose, the general assembly shall be convened, provided that at least one fifth of the eligible voters request it in writing. In municipalities with more than 5,000 inhabitants, this request must be made by ten percent of the eligible voters.
3. This request must be submitted to the municipal council in the year of the renewal of the municipal authorities, but no later than May 1 of the election year. If the request is deemed lawful, it shall be submitted to the electorate no later than June 30 (ballot vote).
4. The convening of the electorate shall occur in the usual manner by publication at least 20 days in advance.
5. The forms and deadlines prescribed for the establishment of the General Council are also applicable for its dissolution.
1. The General Council shall appoint its own office, which consists of the President, the Vice President, a Secretary, and at least two vote counters.
1. The General Council is elected for a term of four years and assumes office on the first day of the year following its election.
2. It is elected according to the proportional representation system.
1. Every Swiss citizen with the right to vote at the municipal level is eligible for election to the office of a General Council member.
2. The loss of voting rights results in the loss of the mandate.
3. No one is obliged to accept the office of a member of the General Council. Resignation from this office is not subject to any conditions.
4. The Municipal Council carries out the replacements for all members of the General Council who have resigned or are no longer eligible for election.
1. The municipal council consists of at least 3 and at most 15 members, one of whom is the president and one the vice president.
2. The number of members of the municipal council must always be odd.
1. Any request for a change in the number of members of the Municipal Council may be submitted by at least one fifth of the eligible voters, the General Council, or the respective Municipal Council itself. The request must specify the desired number of council members.
2. The request by the eligible voters must be submitted in writing to the Municipal President during the year in which the renewal of municipal authorities occurs, but no later than May 1st of the election year. The request by the councils must be submitted within the same deadline.
3. If the requests are deemed legitimate, they must be presented to the electorate by June 30th at the latest (ballot voting).
4. The summoning of eligible voters shall be carried out in the usual manner by publication at least 20 days in advance.
1. If multiple requests have been made, the voter must simultaneously express an opinion on each individual one of them.
2. If multiple proposals achieve an absolute majority, the one that receives the most votes is considered accepted.
1. The municipal council, which is elected every four years, assumes office on the first day of the year following its election.
2. It is elected either by the proportional representation system (Art. 193 to 198) or by the majority system (Art. 199 to 205) with mandatory list submission.
1. Every Swiss voter is eligible for the office of a municipal councilor. Residence in the canton or municipality is not required.
1. No resident voter of the municipality can refuse to serve as a member of the municipal council for a period of four years, unless there are truly established legitimate reasons for an exemption. An elected individual cannot invoke the number of years in office as a reason to request their resignation before the term for which they were elected has expired.
2. The competent department may accept the submitted resignation at any time if there are important reasons duly established in proper form.
1. The President and Vice President of the municipality, who are elected every four years, shall assume office on the first day of the year following their election.
2. The election of the President and Vice President of the municipality shall take place according to the majority voting system with mandatory list deposition (Art. 199 to 205).
3. ...
1. Eligible for the office of President and Vice President of the municipality are the members of the Municipal Council.
1. A municipal councilor cannot refuse to assume the office of a president or a vice president for a period of four years. Furthermore, Article 174 of the present law is applicable.
1. The judge and the vice judge of the municipality, who are elected every four years, assume office on the first day of the year following their election.
2. The election of the judge and the vice judge is conducted according to the majority vote system (Art. 199 to 205) with mandatory list submission.
1. Every Swiss citizen eligible to vote is eligible for election to the office of a judge or a vice judge. Residency in the canton, district, or municipality is not required.
1. No one is obligated to accept the position of a judge or deputy judge of the municipality. Upon acceptance, the elected individual shall perform their duties until the end of their term, except in cases of illness or change of residence.
2. The competent department may accept a submitted resignation at any time, provided there are important reasons that are duly established.
1. Two or more municipalities may form an inter-municipal judicial district within the meaning of Article 62 of the Cantonal Constitution by means of an agreement adopted by the municipal legislature and approved by the State Council. The decision of the municipal legislature must be made no later than June 30 of the election year.
2. In this case, the district forms a single electoral district for the election of a single judge and a single vice judge.
3. The election takes place in each municipality. The agreement regulates the modalities of aggregating the election results and their publication or the inter-municipal counting. Additionally, Articles 178 to 180 are applicable.
1. In each civic community, the assembly of citizens who hold the right to vote in accordance with Article 13 of the present law constitutes the Citizens' Assembly, whose powers are determined by the constitution and the laws.
1. In municipalities with a separate citizens' council, it shall be composed of at least three and no more than nine members.
2. The number of members of the citizens' council must always be odd.
1. In the year of the renewal of the municipal authorities, but no later than May 1 of the election year, one-fifth of the citizens eligible to vote on communal matters (Art. 13 para. 1 lit. b) may submit a petition at the municipal office requesting the formation of a separate citizens' council. The petition must specify the desired number of councilors.
2. The vote must take place no later than June 30 of the same year, and a majority of those voting will decide whether they wish to elect a separate council (ballot vote).
3. Once the separation of the two councils is decided, it remains in effect until a contrary decision is made by the eligible voters. The procedure according to paragraphs 1 and 2 is applicable.
4. When forming a citizens' council, its election is organized by the municipal council. The municipal council manages the communal matters until the citizens' council takes office on the first day of the year following its election.
**1. Any request for a change in the number of members of the civic council can be initiated by one-fifth of the citizens entitled to vote in civic matters (Art. 13 para. 1 lit. b) or by the civic council itself. The request must specify the desired number of council members.**
**2. The citizens' request must be submitted in writing to the civic president in the course of the year of renewal of the civic authorities, but no later than May 1 of the election year. The council's request must be made within the same deadline.**
**3. If the requests are deemed lawful, they must be submitted to the citizens for approval (referendum) no later than June 30 of the same year.**
**4. The convening of citizens entitled to vote is carried out in the ordinary form by publication at least 20 days in advance.**
1. Article 171 is applicable.
1. The Citizen Council, elected every four years, assumes office on the first day of the year following its election.
2. The Citizen Council is elected either by the proportional representation system (Art. 193 to 198) or by the majority system (Art. 199 to 205) with mandatory list submission.
3. In the formation of a separate Citizen Council, the proportional representation system applies.
1. All citizens, whether residing in the municipal community or not, are eligible to be elected to the office of a municipal councilor.
1. No citizen residing in the municipality may refuse to serve as a council member for four years, unless there are genuinely established legitimate reasons for an exception. The elected individual cannot cite the number of years in office as a reason to request resignation before the term for which they were elected has expired.
2. The competent department may accept the submitted resignation at any time, provided there are important and duly established reasons.
1. The President and the Vice President of the Citizens' Community, who are elected every four years, assume office on the first day of the year following their election.
2. The election of the President and Vice President of the Community is conducted according to the majoritarian system with mandatory list voting (Art. 199 to 205).
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1. Eligible for the office of President and Vice President of the Burgergemeinde are the members of the Burgerrat.
1. A citizen council cannot refuse to assume the office of a president or vice president of the municipal council for a period of four years. Furthermore, Article 189 of the present law is applicable.
1. The provisions concerning the election of the Grand Council shall apply analogously to the election of the General Council and the municipal and citizen councils in municipalities where these elections are conducted under the proportional representation system.
2. Specifically, the provisions concerning the acceptance of candidacies (Art. 139), the signers and representatives of the lists (Art. 142), multiple signatures and their withdrawal (Arts. 143 and 144), list withdrawal (Art. 145), the prohibition of list connections (Art. 149), the casting of votes (Art. 150), the validity of votes (Art. 151), the absence of submitted lists (Art. 158 paragraphs 1 to 3), and the submission of a single list (Art. 159 paragraphs 1 and 2) shall apply.
3. The special provisions of this chapter remain reserved.
1. The lists compiled by political parties or groups must be submitted to the office of the relevant council by 12:00 noon on the seventh Monday preceding the relevant election date, with acknowledgment of receipt. Submission of the lists by mail or other means (fax, electronic) is not permissible.
2. These envelopes are delivered to the council meeting no later than the following day. The lists of candidates and signatories are then made public and can be viewed at the relevant municipal office.
3. The submission of the list must be signed on behalf of the political party or group by at least ten registered voters residing in the municipality in municipalities with more than 1,000 voters, and by at least five registered voters residing in the municipality in municipalities with 1,000 or fewer voters. In the absence of an indication, the first signatory is deemed to be the party representative.
4. Each political party may list as many candidates on its list as there are seats to be filled; any candidates listed in excess are officially removed from the end of the list.
1. Multiple candidacies are prohibited.
2. The candidate whose name appears on more than one list must choose one in writing. Otherwise, the concerned council shall proceed with drawing lots.
1. Each political party or group shall specify the designation or title of their list upon submission at the office. The designation thus recorded shall become the exclusive property of the political party or group.
2. The relevant council shall review each electoral proposal, remove individuals who are ineligible, request completion of the list of signatories if necessary, replace individuals who have been officially disqualified, allow for the completion or correction of candidate names or alteration of the list name so that it cannot be confused with the lists of other political parties or groups.
3. These changes must be made by 12:00 noon on the seventh Thursday before the election.
4. In the event of disagreements concerning ownership of the designation or title of the list, the State Council shall decide, based on the prior opinion of the superior body of the involved political party.
1. The relevant President of the Council shall post the candidate lists, which have been duly submitted on time, in the public posting box on the sixth Monday before the election.
2. These lists must bear an order number at the top, corresponding to the sequence of their submission.
1. Lists that have not reached eight percent of the total party votes are excluded from the distribution. However, the votes of the excluded lists are considered for determining the quotient.
1. The total number of party votes is divided by the number of seats to be allocated, increased by one. The resulting number is rounded up to the next whole number, which then forms the quotient.
2. Each list that has reached the quorum is entitled to as many elected representatives as the quotient is contained in the total number of party votes.
1. If all seats have not yet been allocated, the remaining seats are assigned individually and successively according to the following rules
a) The number of votes for each list is divided by the number of seats already allocated to it, increased by one;
b) The next seat is allocated to the list that has the largest quotient;
c) If multiple lists have the same entitlement to the next seat based on the same quotient, the next seat is given to the list that achieved the largest remainder during the division pursuant to Article 198b, paragraph 2;
d) If several lists still have the same entitlement, the seat goes to the list with the highest number of party votes;
e) If multiple lists still have the same entitlement, the next seat is allocated to the list whose candidate has the highest number of votes;
f) If multiple such candidates have the same number of votes, the decision is made by drawing lots.
2. This procedure is repeated until all seats are allocated.
1. From each list, candidates are declared elected up to the number of seats won, who have received the most votes.
2. In the event of a tie, the decision is made by lot.
3. If more seats are allocated to a list than there are candidates, the signatories of the relevant list are entitled to submit a candidates list. This must be approved by the majority of the signatories.
4. Persons identified in this manner are considered elected by silent election.
5. If the signatories of the candidates list do not exercise their right, a supplementary election takes place on a date determined by the municipal council.
1. For the election of municipal and borough councils, the presidents and vice-presidents, as well as the judges and vice-judges under the majority system, an absolute majority applies in the first ballot and a relative majority in the second ballot.
2. The absolute majority is determined in accordance with Article 4, Paragraph 1 of the present law. It is calculated separately for each candidate. If the number of candidates who have achieved the absolute majority exceeds the number of seats to be filled, those candidates who have gathered the largest number of votes are considered elected.
3. In the second ballot, the candidate or candidates with the largest number of votes are elected up to the number of seats to be filled.
4. If two candidates receive the same number of votes in the first or second ballot, the decision is made by drawing lots.
1. The election according to the majority system shall be conducted with the deposit of official lists. The lists must not contain more candidates than there are members to be elected.
2. In the first round of voting, candidate lists, with or without designation, must be deposited at the municipal office by the following deadlines
a) * For municipal council and citizens' council elections, and the election of municipal judges and vice judges: no later than the seventh Monday before the election at 12 p.m.;
b) * For presidential and vice-presidential elections: on the Tuesday following the municipal council or citizens' council elections, no later than 12 p.m.
3. In the second round of voting, candidate lists previously signed by the candidates, with or without designation, must be deposited at the municipal office by Tuesday following the first round of voting, no later than 6 p.m. The deposited lists must be posted in the public notice board by the following day. New candidates may be proposed.
4. Moreover, Articles 194 to 198 shall apply.
1. The voter exercises his or her voting right by using either a printed ballot paper or a blank official ballot paper.
2. If a printed ballot paper is used, the voter may manually alter it by striking out the names of certain candidates or by writing the names of other candidates on it.
3. It is prohibited to place the name of the same candidate more than once on the same list. The repetition of a name is considered as not written.
4. If a blank official ballot paper is used, it must be completed by hand.
5. Only printed ballot papers and blank official ballot papers are valid.
1. The voter has as many votes as there are seats to be filled. All votes cast for eligible persons are taken into account.
1. If a ballot paper lists more names than there are candidates to be elected, the counting office shall strike out the excess names by starting with the names on the reverse side of the ballot paper. The striking out shall proceed from bottom to top.
2. If the ballot paper contains several parallel columns, the office shall begin by striking out the last name in the column on the right and continue upward in that column; if necessary, the office shall continue in the same manner for the following columns, moving from right to left. The names entered in the side of the vertical columns shall also be struck out starting from the right.
3. If the ballot paper bears more than one name in the election of a single member of an authority, it shall be deemed invalid.
1. If no list has been submitted, the voters can vote for any eligible person.
2. Elected are the individual or individuals who have received the highest number of votes up to the number of seats to be filled. If two candidates receive the same number of votes, the decision is made by lot.
1. If only a single list is submitted, all candidates on this list are elected without a vote. The same applies if the number of candidates on all lists is equal to or less than the number of seats to be filled.
2. If the number of candidates is less than the number of seats to be filled, a supplementary election will be held according to the majority system without the submission of lists on the date scheduled for the regular election. The individuals who receive the most votes (relative majority) are elected. In the event of a tie, the decision will be made by drawing lots.
1. In municipalities with fewer than 1,500 residents or resident citizens, one-fifth of the eligible voters may request a change in the electoral system.
2. Residents are understood to be the Swiss resident population as of December 31 preceding the request.
1. The request must be submitted in the form of a petition, which must include at least the name of a representative and a deputy, in the year of the renewal of municipal authorities, but no later than May 1 of the election year, against a receipt at the municipal or citizens' office.
2. The signatures cannot be withdrawn after the petition has been submitted.
3. The request is presented to the municipal or citizens' council, which decides whether the legal requirements are met, and promptly communicates its decision both to the representative of the petition and to the voters by means of a notice posted on the public notice board.
1. If the request for a change of the electoral system is deemed lawful by the municipal council, the council shall consult the voters (referendum) by no later than June 30.
2. According to Article 87 of the cantonal constitution, the system change is approved if the assembly decides this with the majority of valid ballots.
1. Any vacancy in a municipal office must be filled promptly, unless the complete renewal of the authorities takes place within six months.
2. The municipal council may waive the filling of a position in the last year of the administrative period if the replacement requires a referendum. However, one-fifth of the eligible voters may request that such a vote be held.
1. Supplemental elections under the majority system require the mandatory submission of the candidate list to the municipal office no later than 12 p.m. on the third Tuesday before the election.
2. Otherwise, the provisions concerning the election under the majority system apply.
1. In the proportional system, the vacant seat remains with the political party to which it was originally allocated.
2. The municipal council declares the first unelected candidate from the list of that political party as elected. If there is no additional candidate, it imposes a deadline of 20 days on the signatories of this list to propose a candidacy. The candidate designated in this manner shall be declared elected by silent election.
3. If the signatories do not exercise their right within the imposed timeframe, or if a majority of them cannot agree on a candidacy, a supplementary election shall take place pursuant to Article 210.
1. Preparatory actions for a cantonal or municipal election or referendum may be subject to intervention by the Council of State.
2. Preparatory actions are considered to include all actions and measures taken by the authorities before the vote takes place.
1. The State Council shall take the appropriate and safeguarding measures required by the circumstances to rectify any identified irregularities or deficiencies if possible before the conclusion of the voting process.
1. All individuals who possess political rights, and all corporately organized political parties, have the right to lodge a complaint in the electoral district concerning them.
1. A complaint may be filed with the Council of State against the legality of a municipal election or vote and with the Grand Council concerning the State Chancellery against the legality of a cantonal election or vote.
2. The complaint must be submitted within three days of becoming aware of the grounds for complaint, but no later than the third day following the publication of the results, by registered mail (Art. 87).
3. The complaint must specify all the facts and grounds on which it is based. A sum of 500 francs must be deposited with the complaint, under penalty of forfeiture.
1. In the case of complaints against municipal or local elections, the State Council decides before the following January 1st whether the existing or new authorities should serve until the decision is made. The decision on the matter must generally be rendered within four months.
1. Elections and referenda may only be declared invalid if it appears likely that the alleged irregularities have decisively influenced the outcome of the vote.
2. If an election or referendum is declared invalid, the Council of State shall set the date for the new election or referendum and order the measures necessary for this purpose.
3. The decisions issued by the Council of State pursuant to Article 215, paragraph 1 of the present law may be subject to an appeal to the Cantonal Court.
1. Subject to the special provisions of the present law, the cantonal provisions on administrative procedure and administrative justice are applicable.
1. Complaints against federal elections and referendums are governed by the Federal Act on Political Rights.
1. Offenses Against the Popular Will Shall Be Punished in Accordance with the Swiss Penal Code (Art. 279 to 283).
1. The State Council may impose a fine of up to 5,000 francs on members of municipal authorities, municipal officials and employees, as well as on members of election and counting offices, who intentionally or through gross negligence violate the official duties imposed on them by the present law and its implementing provisions.
2. The administrative penal procedures are governed by the Law on Administrative Procedure and Administrative Jurisdiction as well as by the Code of Criminal Procedure.
1. Every political party represented in the Great Council shall make available
a) its annual financial statement and the list of its donors, by June 30;
b) its campaign financial statement and the list of its donors, within 180 days after the ballot.
2. Each list of donors must include
a) the name of the legal entities that have donated a total amount of more than 5,000 francs in favor of the party, specifying each donated amount;
b) the first and last names of the natural persons who have donated a total amount of more than 5,000 francs in favor of the party, specifying each donated amount.
3. Donations in the sense of this provision include monetary contributions and contributions in kind. Voluntary work is not considered.
4. Donations from unidentified donors are prohibited. They must be refunded or transferred to a legal entity pursuing a charitable purpose. In these cases, an appropriate receipt must be issued.
5. The documents can be inspected for 60 days.
1. Each campaign committee or organization significantly involved in election or referendum campaigns at the cantonal level must provide its campaign accounts and the list of its donors within 180 days after the voting.
2. Article 221a paragraphs 2 to 5 apply mutatis mutandis.
3. Services provided by personnel employed by the campaign committee or organization must be quantified in the account.
4. For initiatives and referendums, the reference period begins with the commencement of the period for collecting signatures; in other cases, the count is based on the 12 months preceding the vote.
1. Each candidate for the Council of States or the Council of States election shall make the list of their donors available within 180 days after the election.
2. Article 221a paragraphs 2 to 5 shall apply mutatis mutandis.
1. The information that must be kept available according to Articles 221a to 221c must be communicated to any interested party within 10 days who submits a written request to the persons mentioned in these provisions. If these persons do not comply with the request within a reasonable period, the interested party may contact the Data Protection and Information Officer, who will initiate a conciliation procedure in accordance with the GIDA.
1. At the request of the Data Protection and Public Information Commissioner, the State Council may impose a fine of up to a maximum of 10,000 francs on the persons mentioned in Articles 221a, 221b and 221c, or their members, who refuse to provide interested parties with the accounts or the list of donors, or who provide false or incomplete information.
1. The Implementation Act concerning the Federal Law on Political Rights is amended.
2. The Municipal Act is amended.
1. The Act on Elections and Voting of May 17, 1972, and the Regulation for Establishing the Application Modalities of Postal Voting of April 17, 1996, are repealed.
1. During a period of three years from the effective date of this law, the obligation to deposit the certificate of origin does not apply to nationals who reside in their home municipality and for whom no certificate of origin has been issued. After the expiration of this period, only those citizens who have deposited their certificate of origin shall possess the right to vote.
2. Requests for a change in the electoral system that were submitted under the old law will be handled according to the new law.
1. This Act is subject to the approval of the Confederation.
2. The Council of State is entrusted with the execution of this Act.
3. This Act is subject to an optional referendum.
4. The Council of State sets the date of entry into force.