Ordinance on the Elections and Votes Act - Political Residence (WAV)

1. A political domicile, which does not correspond to the civil domicile, may particularly apply to

a) Persons under comprehensive guardianship;

b) Weekly residents;

c) Married individuals and individuals in a registered partnership who, with the consent of their partner, by court order, or based on immediate legal authority, reside outside the shared household with the intention of permanent residence.

2. The regulations concerning the political rights of Swiss citizens abroad are reserved.

1. The electoral register is based on the resident control register. It shall be maintained in electronic form.

2. The management of the electronic register shall be designed in such a way that the collected data is secured and can be printed at any time.

1. Eligible voters are to be listed in alphabetical order, including the specification of the last name, first name, date of birth, residential address, place of origin, and religious denomination.

2. A special voting register may be maintained for Swiss citizens abroad who are registered with the competent Swiss representation and have registered for the exercise of political rights.

3. After the voting register has been finalized, only those eligible voters who were apparently omitted erroneously during the rectification process may be registered.

4. Before each vote and election, the number of eligible voters must be recorded in the register.

1. The right to vote shall be clarified with additional municipalities or authorities if necessary.

1. Orders concerning registrations, deletions, and inspections must be explained in writing by the registrar to the parties concerned, upon their request, and communicated to them.

1. The electoral register of the municipal community serves as a basis for the civic, church, and corporation communities in maintaining their specific registers.

2. The resident controls provide the officials responsible for the electoral register of the civic, church, and corporation communities with extracts regarding their members.

3. A cost-covering fee may be charged by the civic, church, and corporation communities for the shared use of the electoral register.

1. The municipal council elects the voting committee for the duration of its term; it may also appoint a new committee for each vote or election.

1. For each ballot box, at least two members must be appointed, who should, if possible, belong to different parties.

2. Employees of the municipal administration can be deployed to monitor early voting.

**1. The Electoral Office is responsible for the proper conduct of the election and voting procedure. It is particularly tasked with overseeing the casting of votes, receiving, marking, and counting the ballots, deciding on their validity, and preparing a protocol.**

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**2. To fulfill its duties, the Electoral Office may call upon auxiliary staff. These auxiliaries act under the responsibility of the Electoral Office; the maintenance of records is exclusively the responsibility of the Electoral Office.**

**3. Members of the Electoral Office and the auxiliary staff are prohibited from violating the secrecy of the ballot and from providing any premature information regarding the state of the count.**

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1. Prior to general renewal elections, the State Chancellery conducts instructions as needed.

1. The municipal council determines in which locations the main ballot boxes and the auxiliary ballot boxes are to be placed and where the counting of the results takes place.

2. In each voting and polling station, at least one lockable ballot box must be provided.

1. The municipalities shall provide suitable premises and sufficient supervision for early and postal voting.

2. Return envelopes received early and by post must be counted and promptly sealed in a secure room or container (sealed urn, safe, etc.) while maintaining the confidentiality of the vote. The number of return envelopes received must be recorded in writing every day.

1. In federal and cantonal elections and referendums, the municipal council shall notify the state chancellery of the location of the polling and voting stations and the opening hours of the ballot boxes no later than the eighth Monday before the election or referendum Sunday.

2. The state chancellery shall publish a compilation of the polling and voting stations and times in all municipalities in the last two official gazettes before the referendum Sunday.

3. In municipal elections and referendums, the publication is carried out by the municipal council.

1. Voters must have unobstructed access to the ballot box; the secrecy of the ballot must be ensured in the process.

2. The polling station has the authority to remove individuals who harass voters or disrupt voting in or in front of the polling place.

3. If its orders are not followed, it is to contact the police for assistance if necessary. The police authorities are obligated to provide assistance.

4. If there is an indication of a criminal offense, a criminal complaint must be filed.

1. The collection of signatures for initiatives and referendums is permitted in front of the polling station, provided that voters remain unimpeded and unharassed. The municipal council shall regulate the details as necessary.

1. Before the first vote is cast, the members of the voting office present ensure that the ballot boxes are empty.

1. After the expiration of the ballot opening hours, only those eligible voters who have arrived at the polling station in a timely manner are permitted to cast their votes.

1. After the polling period has expired, the secondary ballot boxes are to be sealed and immediately brought to the location where the results are determined by two members of the voting office, along with the voting certificates.

1. The voting certificate shall be issued as a folded card, which can be used for voting at the polling station as well as for postal voting.

2. It contains the personal details of the eligible voter (name, first name, address, and date of birth) as well as an explicit note that it must be personally signed before postal voting. The date of birth and other details that could allow conclusions to be drawn about the identity of the eligible voter must be placed in such a way that they are not visible in the window of the return envelope.

3. Furthermore, the voting certificate must specify: the designation and date of the election or referendum, the location and opening hours of the polling and voting stations, as well as the address of the municipal office of the political residence.

1. Ballot papers must indicate the electoral or voting district, the subject matter of the election or vote, and the date of the main voting day.

2. Furthermore, they must be designed in such a way that free formation of opinion and genuine cast of votes are ensured.

1. If multiple independent proposals are voted on the same day, separate ballots must be printed for each proposal, which can be compiled into ballot papers.

1. The official return envelope for postal voting, into which the voting certificate and the sealed ballot paper envelope are placed, must be equipped with a window. Additionally, municipalities may, at their own expense, print the name of the municipality and the municipal coat of arms on the envelope.

1. Any person who has not received their voting materials in a timely manner or is otherwise missing them must notify the municipal clerk's office by the close of business on the Friday evening before the election or voting Sunday. The eligible voter will then receive a voting certificate, which must be marked as a duplicate, along with the remaining voting materials. A corresponding note should be made in the voting register.

2. Similarly, the main ballot office may exceptionally provide voting materials to an eligible person on the voting Sunday.

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1. The voting proposal with explanation may also be submitted earlier.

1. In municipal elections and referendums, the preparation of voting and ballot materials is the responsibility of the municipalities.

1. Representation pursuant to § 16 WAG fills out the ballot or voting paper according to the instructions of the eligible voter and in their presence.

2. The representation may be delegated for a single election or vote, for a specific period, or until revoked.

3. If the disabled person is unable to sign the voting certificate themselves, the representative shall sign it with the annotation "p.p." (per procurationem).

1. Implementation of § 9a WAG: The canton and the municipal authorities shall provide an accessible audio version or an accessible digital format on digital channels simultaneously with the regular voting and election materials.

1. The electoral office begins the counting process in a suitable location on voting Sunday and completes it as quickly as possible.

2. The ballot boxes may only be opened in the presence of the members of the electoral office designated for counting.

3. Subsequently, the ballots are to be divided and counted into valid, blank, and invalid categories.

4. First, the results of the federal elections and referenda are to be determined, followed by the cantonal and finally the municipal elections and referenda.

1. Technical aids may be used for counting the votes, which facilitate the counting process.

2. The State Chancellery may establish uniform electronic programs.

1. The State Chancellery reviews the records and results, corrects discrepancies, and rectifies obvious calculation errors.

2. If there is a presumption that a municipal result is incorrect, the State Chancellery conducts a recount or has it carried out by the municipal voting office.

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2. A recount takes place if, in the overall result

a) In a majority vote, the difference in votes between the last elected person and the first non-elected person is less than 0.3% of the candidate votes;

b) In a majority vote in the first round, no person achieves the absolute majority, and the difference between the candidate votes of the best-placed person and the absolute majority is less than 0.3% of the absolute majority;

c) In a referendum, the difference between the yes and no votes is less than 0.3%.

3. If the recount again results in a narrow outcome according to paragraph 2, no further recount is conducted.

4. The recount is conducted by the vote offices of the municipalities.

1. In the event of a dispute, the validity or invalidity of a voting or ballot paper shall be determined by the majority decision of the present members of the voting office. In the case of a tie, the chairperson shall have the deciding vote.

2. In elections, imprecise designations of persons shall be counted as valid votes if, based on the election proposals, there can be no reasonable doubt about the person.

1. Ballots and voting slips are invalid if they contain information or remarks that allow conclusions to be drawn about specific individuals or groups of individuals.

1. If the ballot envelope contains a valid ballot paper or voting slip along with a blank slip, the vote is considered valid.

1. For ballots and voting papers declared invalid, the reason for invalidity must be stated on the paper and endorsed with the initials of a member of the polling office.

2. For return envelopes, the reason why they are disregarded for the polling process in accordance with § 15 para. 2 of the WAG must be noted in the same manner.

1. The minutes shall be prepared according to the specifications of the State Chancellery.

2. They are signed by the chairperson and the minutes secretary of the polling station and shall include, separated according to federal, cantonal, and communal votes and elections

a) * the number of eligible voters according to the voter register;

b) * the number of voting rights certificates received;

c) * the total number of ballots received;

d) * the number of blank ballots;

e) * the number of invalid ballots;

f) * the number of valid ballots;

g) * for votes, the number of votes in favor and against;

h) * for elections, the details according to § 45 and § 54 of the WAG;

i) * the number of invalid returns in postal voting (§ 14 WAG);

k) for federal elections and votes: the number of eligible Swiss voters abroad (Art. 14 para. 1 BPR).

3. For federal and cantonal votes and elections, the original must be delivered to the Department of Home Affairs on the Monday following the polling day. A copy of the minutes remains at the municipal office.

4. Any objections or remarks by members of the polling station must be noted before the minutes are signed.

1. Ballots and voting cards - valid, invalid, and blank, each respectively - as well as voting certificates, are to be sealed and, in the case of cantonal and federal elections and referendums, delivered to the state chancellery on the Monday following the voting day. Each package must indicate its contents.

2. Return envelopes received after the conclusion of the protocol are to be destroyed unopened.

1. The minutes, sealed ballots and voting slips, voting rights certificates, as well as invalid returns are to be retained until the final determination of the election and voting results, unless they are needed longer for statistical or archival purposes.

1. The nominations must at least include: the surname and first name, year of birth, and residential address of both the signatories and the nominees, as well as, if applicable, the addition "incumbent."

2. In the publication of the revised lists (§ 37 WAG) and the revised nominations (§ 37a WAG), only the place of residence is indicated instead of the full residential address.

1. If a nomination contains a misleading designation or one that breaches public decency, the State Chancellery or the municipal clerk shall set a short deadline for the representative of the signatories to rectify the deficiency.

2. If a deficiency is not rectified within the deadline, the authority declares the nomination invalid.

1. The confirmation to accept the electoral proposal must be submitted together with the electoral proposal.

1. If a defect is not remedied in accordance with § 35 paragraph 3 WAG, the State Chancellery or the municipal clerk shall declare the electoral proposal invalid.

1. The invitation to supplement electoral nominations is issued by the State Chancellery or by the municipal clerk.

1. The number of mandates to be allocated must be indicated on all ballots.

2. If there are not enough candidates for all mandates, the corresponding number of blank lines must be printed.

3. The blank ballot contains as many blank lines for candidate names as there are mandates to be filled.

3a. In the case of proportional representation elections, the blank ballot also includes a line for the list title.

4. If elections for different authorities occur simultaneously, separate ballots of different colors must be printed for each authority.

1. Official ballot papers shall be printed for all elections.

2. ...

1. The ballot paper sheet contains

a) an official guide for voting;

b) a separate pre-printed ballot paper for each list;

c) a blank ballot paper.

2. The official guide, the separate pre-printed ballot papers, and the blank ballot paper are separated by perforation. Instead of perforation, the sheets to be separated may also be glued.

3. For the design of the ballot paper sheet in proportional representation, the pattern in Appendix 1 is authoritative.

4. Instead of a ballot paper sheet, an official ballot booklet can also be printed and used.

1. The ballot paper sheet contains

a) an official guide for voting;

b) a supplementary sheet according to § 39 para. 1a WAG;

c) a single blank ballot paper.

2. Only the supplementary sheet and the blank ballot paper are separated by perforation.

3. The supplementary sheet explicitly states that it may not be used as a ballot paper.

4. The blank ballot paper explicitly states that only this may be placed in the ballot envelope or the ballot box.

5. The templates in Appendices 3 to 5 are additionally decisive for the design of the ballot paper sheet in the majority voting system.

1. In agreement with the Election Supervision (§ 6 para. 1 WAG), the State Chancellery may make minor adjustments to the templates of the ballot paper sheets according to Appendices 1 to 5, as well as to the templates of the voting ballots according to Appendices 6 to 8. This includes, in particular, editorial revisions, adjustments to font sizes, or alterations of graphic elements. The State Chancellery informs the municipal communities.

1. Deletions and the addition of missing candidate numbers shall be made by the electoral office or its assistants in such a manner that they are recognizable as such.

2. Amendments to the text of the ballots, such as the correction of names, are not permitted.

1. Repetition marks or expressions indicating repetition (quotation marks, "ditto", and the like) for the purpose of entering the same candidate's name twice are invalid. Lines containing such marks or expressions are considered blank lines.

1. The municipal officer or the municipal clerk, or their deputy, shall draw the lots in the elections for the Council of States, the Executive Council, and the judges. Present at the drawing of lots shall be the woman president or the president of the canton and the woman secretary or the secretary of the canton.

2. In other cases, a member of the electoral office shall draw the lots in the presence of the female mayor or the mayor and the female municipal clerk or the municipal clerk, or their deputy.

3. The affected candidates are to be invited to the drawing of lots.

1. The list with the most votes in an electoral district according to § 52e paragraph 1a WAG is the list that participates in the seat distribution and gathers the most party votes within the electoral district. In an electoral district, there can be a maximum number of lists with the most votes equal to the number of seats to be allocated. If more lists have the same number of party votes, a random draw determines which of them is considered to have the most votes.

1. Until the election of the President, if the Vice Presidency has not yet been filled, the longest-serving member of the authority shall preside, and in the case of equal tenure, the older member shall assume the chairmanship.

1. The Government Council orders statistical analyses of the election and voting results as needed.

2. The secrecy of the vote must be preserved.

1. If procedural defects or other irregularities are identified in the maintenance of the voter register or in the preparation and conduct of elections and referendums, the government council shall issue the necessary orders to rectify the deficiencies. It may postpone or cancel an election or referendum or order a review of the results.

2. A review shall be ordered if there are serious doubts about the reliable determination of the outcome of an election or referendum.

3. If errors are identified during a review of the election or referendum results, the government council shall order the correction of the outcome or the annulment of the election or referendum.