Legislator · Canton of Aargau — Cantonal Legislation
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Act on Political Rights (GPR) - Description (GPR)

92 Articles / Provisions · Canton of Aargau — Cantonal Legislation
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Table of Provisions (92)

§ 1 GPR - Description § 2 GPR - Functions, Designations § 3 GPR - Right to Vote, Duty to Vote § 4 GPR - Exercise of Voting Rights, Political Residence § 5 General Parliamentary Regulations § 6 GPR - Certificate of Electoral Eligibility, Voting Rights Certificate § 7 GPR § 8 GPR § 9 GPR - b) Chairing at Municipal Council Elections § 10 GPR - c) Compensation § 11 GPR § 12 GPR § 12a GPR § 12b GPR § 13 GPR § 14 GPR § 15 GPR - Voting Rights Certificate, Invitation § 15a GPR § 16 GPR - Delivery of Documents § 17 GPR § 18 GPR § 19 GPR - Supervision of Voting § 20 GPR - Opening of the Ballot Boxes § 21 GPR § 22 GPR § 23 GPR - Election and Voting Results § 24 GPR - Protocol § 25 GPR - Approval and Examination § 26 GPR § 27 GPR - 1. Electoral Districts § 27a GPR § 28 GPR - 2. Silent Election § 29 GPR § 29a GPR - 4. First Round of Voting § 29b GPR § 30 GPR § 30a GPR § 30b GPR - d) Exclusion of Silent Election § 31 GPR § 32 GPR - b) Election Proposals § 33 GPR § 34 GPR **§ 35 GPR - 7. Election** § 36 GPR § 37 GPR § 38 GPR § 39 GPR § 40 GPR § 41 GPR § 42 GPR - 3. Signature List § 43 GPR - 4. Signature § 44 GPR § 45 GPR § 46 GPR § 47 GPR § 48 GPR § 49 GPR § 50 GPR § 51 GPR § 52 GPR § 53 GPR - 4. Supplementary Provisions § 54 GPR § 55 GPR - 6. Formation § 56 GPR § 57 GPR § 58 GPR - b) Voting Recommendation § 59 GPR § 60 GPR § 61 GPR § 62 GPR § 62a GPR § 62b GPR § 62c GPR § 62d GPR § 62e GPR § 62f GPR § 62g GPR § 63 GPR § 64 GPR § 65 GPR § 66 GPR § 67 GPR § 68 GPR - Deadline § 69 GPR § 70 GPR - Suspensive Effect § 71 GPR § 72 GPR - Additional Provisions § 73 GPR § 74 GPR § 75 GPR § 76 GPR § 77 GPR

Statutory Text (92 Provisions)

General Provisions - Scope of Application

1. This law applies to cantonal and municipal elections and voting at the polls, elections at the municipal assembly, as well as the exercise of the referendum and initiative rights in cantonal and municipal matters.

2. Subject to the relevant provisions of the law on the election of the Grand Council, as well as the laws on resident municipalities and citizen municipalities.

3. Also subject are the federal law provisions regarding the conduct of federal referendums and National Council elections, as well as the exercise of the referendum and initiative rights in federal matters. If federal law does not contain provisions in this regard, cantonal law applies.

General Provisions - Scope of Application

1. Official and functional titles in this law refer to both genders.

General Provisions - Voting Rights and Eligibility

1. The right to vote entitles and obligates individuals to participate in elections, referendums, and municipal assemblies. It also entitles individuals to sign referendum and initiative petitions.

2. The eligibility to vote is governed by the provisions of the cantonal constitution.

3. For the voting eligibility of Swiss citizens abroad in the Council of States elections, Articles 7-13 of the Ordinance on Swiss Persons and Institutions Abroad (Ordinance on Swiss Citizens Abroad, O-SCA) of October 7, 2015, apply mutatis mutandis.

General Provisions - Voting Rights and Eligibility

1. The exercise of the right to vote takes place at the political residence. This is located in the municipality in which the eligible voter resides and is registered.

2. Anyone who submits a domicile certificate instead of a citizen's certificate in a municipality acquires political residence there if they can prove that they are not registered in the electoral roll at the location where the citizen's certificate is held.

General Provisions - Voting Rights and Eligibility

1. Eligible to stand for election is anyone who is entitled to vote.

2. Statutory provisions regarding specific eligibility requirements remain reserved.

General Provisions - Voting Rights and Eligibility

1. Municipalities are required to issue the necessary voter eligibility certificates and voting rights confirmations free of charge.

**General Provisions - Election and Voting Organization**

1. Eligible voters must be entered in the electoral register at their political residence. Registrations and deletions are to be carried out ex officio.

2. Before an election, vote, or municipal assembly, entries must be completed by the fifth day prior to the election or voting day, provided it is certain that the requirements for participation on the voting day are met.

3. The electoral register is open to eligible voters for inspection.

**General Provisions - Election and Voting Organization**

1. Each municipality has an electoral office.

2. The electoral office is chaired by a member of the municipal council. The municipal clerk or a deputy designated by the municipal council acts as the secretary.

3. The number of additional members and substitute members of the electoral office (vote counters) is determined in the municipal code.

4. The municipal council may, if necessary, expand the electoral office by engaging auxiliaries.

**General Provisions - Election and Voting Organization**

1. In municipal council elections, an elected vote counter directs the polling station or the conduct of the election in municipalities with assembly elections.

1bis. The elected vote counters determine the chairperson among themselves. If no election occurs, the leadership is assigned to the oldest member.

2. ...

3. ...

**General Provisions - Election and Voting Organization**

1. The members of the election office are compensated by the municipality.

**General Provisions - Election and Voting Organization**

1. The municipal council determines the voting and polling stations.

2. ...

**General Provisions - Election and Voting Organization**

1. Voting must be made possible at least on the main election or main voting day. The municipal council may designate one or more of the 4 preceding days as election and voting day.

2. The ballot box can be set up before the start of a municipal assembly if it takes place during the week before an election or voting day.

3. The municipal council must set the ballot box opening times in such a way that they accommodate the habits of the eligible voters. It makes them publicly known.

**General Provisions - Election and Voting Organization**

1. The Canton develops a computer program for the recording and evaluation of elections and referendums. The government council may require municipalities to use this program.

**General Provisions - Election and Voting Organization**

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

2. The government council regulates the details, particularly the organization of the election office, through an ordinance.

General Provisions - Arrangement of Elections and Votes

1. Elections and votes are to be conducted by municipality and are organized as follows

1. By the Government Council

a) the periodic elections in the canton, districts, subdistricts, and municipalities;

b) the by-elections for cantonal authorities;

c) the votes on cantonal matters.

2. By the State Chancellery

a) the by-elections for district and subdistrict authorities;

b) ...

3. By the Municipal Council

a) the by-elections for municipal councils and commissions to be elected by the municipality;

b) the elections of delegates to municipal associations in accordance with municipal regulations;

c) the votes on municipal matters.

4. By the competent association organ, the elections and votes to be conducted within the association area of a municipal association.

2. The general renewal elections for the Grand Council and the Government Council shall take place on the same day.

General Provisions - Arrangement of Elections and Votes

1. The ordering authority publicly announces the date of the election or vote.

2. The municipal council is responsible for announcing the dates of the periodic municipal elections and the by-elections for the municipal councilors.

**Common Provisions for Elections and Votes - Preparation and Voting**

1. The eligible voters are called to the elections and votes by the delivery of voting cards.

**Common Provisions for Elections and Votes - Preparation and Voting**

1. The Government Council drafts a brief explanatory report on cantonal voting proposals. This report contains the result of the final vote in the Grand Council and also takes into account the opinion of significant minorities.

2. The Municipal Council drafts a brief explanatory report on municipal voting proposals. This report contains the result of the decision made by the municipal assembly or residents' council and also takes into account the opinion of significant minorities.

3. The initiating committees of popular initiatives and optional referendums, as well as the representatives of mandatory referendums, share their arguments in written statements. The Government Council or the Municipal Council takes these statements into account in its report. It may alter or reject statements that are defamatory, untruthful, or excessively long.

4. References to electronic sources may only be included in the explanatory report if the authors of the references declare in writing that these sources do not contain anything illegal and do not lead to electronic publications of illegal content.

**Joint Provisions for Elections and Votes - Preparation and Casting of Votes**

1. Cantonal voting proposals must be delivered to eligible voters together with the explanatory report of the Governing Council at least 3 weeks before the voting day. The Governing Council may, as an exception, shorten this period to 10 days.

2. In municipal votes, the proposal, together with the municipal council's report and any additional documents, must be delivered no later than 14 days before the voting day. The Governing Council may, as an exception, shorten this period to 10 days.

3. The voting and election ballots, as well as the voter identification cards, must be delivered at least 10 days before the election or voting date.

4. Municipalities are obliged, during the conduct of proportional election procedures (Residents' Council, Grand Council, National Council), to deliver to eligible voters, simultaneously and free of charge, a leaflet for each party and political group participating in the election in a special envelope.

5. These leaflets must be provided by the interested parties and political groups in the quantity required for the respective constituency in a timely manner.

6. In National Council and Grand Council elections, the organization of packaging and dispatch to the municipalities is centrally managed by the canton at the expense of the participants.

7. ...

**Common Provisions for Elections and Votes - Preparation and Voting**

1. Voters may cast their votes either in person at the ballot box or by mail. Postal voting is permissible upon receipt of the voting identification cards. The municipality shall cover the postage costs.

2. Spouses and registered partners may represent each other at the ballot box when both voting identification cards are submitted simultaneously.

3. Voting identification cards that are not submitted personally must be signed by the voters.

4. Voters who are unable to fill out voting and election ballots themselves due to disability or for any other reason may have this done by a voter of their choice.

5. Further facilitation for voting in federal matters may be introduced to the same extent by regulation for elections and referendums in the canton, as well as in districts and municipalities.

6. The Government Council may enable voting electronically, in whole or in part, provided that the necessary conditions for the recording of all votes, for maintaining voting secrecy, and for preventing abuse have been met. The specific details shall be governed by regulation.

**Joint Provisions for Elections and Votes - Preparation and Casting of Votes**

1. Official ballots and voting papers must be used for casting votes.

2. Ballots and voting papers must be filled out or amended by hand.

**Common Provisions for Elections and Votes - Preparation and Voting**

1. The casting of votes must take place without interference and without influencing the voters. It is to be supervised by at least 2 members of the election office.

2. After the polling hours have ended, the ballot boxes must be immediately sealed and stored in a secure location at the municipal administration.

Common Provisions for Elections and Voting - Vote Counting

1. The ballot boxes may only be opened on the main election or voting day.

2. The election office may open the ballot boxes and begin counting the votes on the day before the main election or voting day in the case of proportional elections and simultaneous elections of the Council of States or Government Council.

3. For majority elections at the cantonal, district, and municipal levels, as well as for votes on federal and cantonal proposals, the responsible authority may authorize the opening of ballot boxes and the commencement of vote counting on the day before the main election or voting day.

4. The Government Council may, upon request, grant a municipality permission to perform the following actions before the main election or voting day in separate steps

a) open the reply envelopes and separate the voting identification cards from the ballot envelopes,

b) open the ballot envelopes and place the ballots into the ballot box.

5. In the event of early ballot box opening, all persons involved at the election office must observe official secrecy and, in particular, keep interim results confidential.

Common Provisions for Elections and Voting - Vote Counting

1. Ballots are invalid if they

a) are not official;

b) are completed or altered in a manner other than handwritten;

c) do not clearly express the voter's intent;

d) contain defamatory statements;

e) do not comply with the regulations issued for postal voting.

2. In the case of a majority vote for multiple persons using a single ballot, only those individual votes are invalid which are illegible, not handwritten, or are cast for ineligible persons.

3. A vote for the municipal mayor or deputy mayor is invalid if, in a simultaneous election of the municipal mayor, deputy mayor, and municipal council, such person does not also receive a vote as a member of the municipal council on the same ballot, or if, in a replacement or separate election of the municipal mayor and deputy mayor, they are not already elected as a member of the municipal council.

Common Provisions for Elections and Voting - Vote Counting

1. In determining the result of an election or vote, blank and invalid ballots or votes shall not be considered.

2. The absolute majority is calculated as follows: The total number of valid votes is divided by the number of officials to be elected, and the result is halved. The next highest whole number is the absolute majority.

Common Provisions for Elections and Voting - Vote Counting

1. Elected is the person who achieves an absolute majority in the first round of voting or who secures the most votes in the second round (relative majority).

2. The adoption of a voting proposal requires an absolute majority.

**Common Provisions for Elections and Votes - Procedure After the Election and Vote**

1. A record of every election and vote must be maintained by the election office, which must be signed by the president and the secretary.

**Common Provisions for Elections and Votes - Procedure After the Election and Vote**

1. The approval of the protocol is the responsibility of

a) the Grand Council for elections of the Council of State and the Grand Council;

b) * the Council of State for Council of States elections and cantonal referendums.

c) * ...

d) * ...

2. For other elections and referendums, approval is not required. The competent department may conduct random checks of the results in the municipalities.

**Common Provisions for Elections and Votes - Procedure After the Election and Vote**

1. The results of the federal and cantonal elections and referendums, as well as the results of the district and circle elections, shall be published by the State Chancellery in the Official Gazette.

2. The publication of the results of the municipal elections and referendums is to be carried out by the electoral offices in the publication organ designated by the municipal ordinance.

1. Special Provisions for Elections - Voting at the Polls

1. In the Majority Voting System, the following are elected

1. in the constituency of the canton

a) the members of the cantonal government;

b) the members of the Council of States;

2. in the constituency of the district

a) * ...

b) * the presidents and judges of the district court;

c) the school board members of the district;

3. * in the constituency of the circle, the justices of the peace;

4. in the constituency of the municipality

a) * the municipal council members, the mayor, and the deputy mayor in a simultaneous election, unless the municipality's regulations provide for the separate election of the mayor and deputy mayor;

b) * ...

c) the other members and substitute members of the electoral office (vote counters);

d) the commissions;

e) the representatives of the municipal associations according to municipal regulations.

**Special Provisions for Elections - Voting at the Polls**

1. In the event of a simultaneous election with the municipal council, the mayor and deputy mayor must also be indicated on the ballot paper.

2. Votes for the mayor and deputy mayor are valid, regardless of the election outcome, if they

a) receive a vote as a member of the municipal council on the same ballot paper during an election where the mayor, deputy mayor, and municipal council are elected simultaneously,

b) have already been elected as members of the municipal council in a replacement election or distinct election for mayor and deputy mayor.

**Special Provisions for Elections - Voting at the Polls**

1. A silent election is possible in cases where specific legal provisions allow for it.

Special Provisions for Elections - Voting at the Polls

1. If a ballot lists more candidates than are to be elected, the surplus candidates' last names shall be struck off.

2. If a ballot contains the name of the same candidate more than once, it shall be counted only once.

1. Special Provisions for Elections - Voting at the Polls

1. The nomination papers must be signed by 10 eligible voters from the respective electoral district and must be submitted to the competent authority by no later than 12:00 noon on the 58th day for cantonal, district, and local elections in general, the 65th day for elections of district court presidents, and the 44th day for other elections before the main election day. After the expiration of these deadlines, a withdrawal of the nomination is no longer permissible.

1bis. Individuals who are candidates for the same position in different electoral districts or on multiple nomination papers within the same electoral district will be removed from all nomination papers.

2. A certificate of eligibility to stand for election and a written declaration of acceptance of the nomination must be attached to the nomination paper.

3. In the event of an election by ballot, the nominees must be communicated in writing to the eligible voters.

3bis. The names of the candidates for district court president must be published in the official publications immediately after the deadline for nominations or after the supplementary nomination period.

4. The announcement, the place of submission, and the content and format of the nomination papers shall be regulated by ordinance.

**Special Provisions for Elections - Voting at the Polls**

1. In the event of general renewal elections and replacement elections for district court presidents, if multiple positions need to be filled, each individual position, along with the specified workload, shall be numbered and advertised separately.

1. Special Provisions for Elections - Voting at the Polls

1. In the first round of voting, every eligible voter may receive valid votes as a candidate, except for individuals running for the office of District Court President. These candidates must be pre-registered according to the procedure set forth in §§ 29a-30a.

2. If too many candidates achieve an absolute majority, those with the most votes will be elected.

1. Special Provisions for Elections - Voting at the Polls

1. If there are fewer or an equal number of eligible candidates proposed than are to be elected, a supplementary nomination period of 5 days must be set with the publication of the names, during which new proposals can be submitted.

2. If the number of nominations after this period does not exceed the number of seats to be filled, the proposed candidates shall be declared elected by silent election by the ordering authority or by the election office.

3. An election by ballot shall be conducted for any seats still to be filled.

1. Special Provisions for Elections - Voting at the Polls

1. In the election of the Council of States, the Cantonal Executive Council, the Municipal Council, as well as the Mayor and Deputy Mayor, § 30a is not applicable. A ballot election is conducted in every case.

1. Special Provisions for Elections - Voting at the Polls

1. If the elections do not result in all positions being filled in the first round of voting, a second round of voting must be conducted.

1. Special Provisions for Elections - Voting at the Polls

1. In the second round of voting, only those candidates are eligible who are registered within 10 days after the first round by at least 10 eligible voters from the respective electoral district. For the election of the Council of States and the Government Council, this period is 5 days.

2. The registration must be accompanied by a certificate of eligibility to vote and a written declaration of acceptance of the election.

3. Registrations must be received no later than 12:00 p.m. at the municipal office for municipal elections to be forwarded to the election office and at the state chancery for all other elections.

4. Withdrawal of registration is not permitted.

5. The names of the registered candidates must be published in the official publication organs immediately after the registration deadline and must be communicated in writing to the eligible voters with the ballot.

6. In the elections of district court presidents, the names of the candidates must be published in the official publication organs immediately after the registration deadline or the supplementary registration deadline and must be communicated in writing to the eligible voters with the ballot.

1. Special Provisions for Elections - Voting at the Polls

1. If, in the second round of voting, fewer or an equal number of eligible candidates are proposed than are to be elected, a five-day supplementary nomination period must be initiated with the publication of the names, during which new proposals can be submitted.

2. If the number of registrations after this period does not exceed the number of seats still to be allocated, the proposed candidates are declared elected by silent election by the ordering authority or the election office.

3. For any seats still to be allocated, a supplementary election must be conducted within 6 months from the first round of voting according to the rules for the first round. In justified cases, the competent department may, upon request, grant an extension of the deadline.

Special Provisions for Elections - Voting at the Polls

1. In the event of a tie in votes, the decision in all elections shall be made by drawing lots.

2. The drawing of lots is the responsibility of

a) the President of the Grand Council for cantonal elections;

b) the head of the relevant department for district and circle elections;

c) ...

d) the President of the electoral office for municipal elections.

1. Special Provisions for Elections - Voting at the Polls

1. The election result shall be immediately communicated to the elected candidates.

2. Unless the acceptance of election declaration has already been submitted, those elected in the first round must declare to the authority within 3 days of the first round whether they accept the election. Upon acceptance of the election, they must submit their certificates of election eligibility.

1. Special Provisions for Elections - Voting at the Polls

1. If an elected person wishes to resign during the term of office, they must notify the competent department or authority in writing and provide reasons for their resignation.

2. An early resignation generally becomes effective at the time of replacement. In cases of illness or change of residence, it becomes effective immediately as an exception.

3. An early resignation requires the approval of the competent department or authority. In the case of early resignations by judges, the judiciary management is the competent authority.

Special Provisions for Elections - Elections in the Municipal Assembly

1. Elections in the municipal assembly shall be conducted by secret ballot.

2. The election of vote counters and the elections in the local citizens' community may be conducted openly by special resolution of the assembly.

3. If multiple members are to be elected to the same body, the assembly shall decide by open vote whether each election is to be conducted individually or all elections simultaneously.

4. The election procedure shall be conducted in such a manner that all elections to be held can be completed in one and the same assembly. If this is not possible, a new assembly date must be scheduled within 14 days.

Special Provisions for Elections - Elections in the Municipal Assembly

1. Election proposals are to be made during the assembly. They may be briefly justified.

2. New proposals may be submitted for the second ballot.

3. Proposed candidates are not required to recuse themselves.

4. If an elected person is present at the assembly, they must immediately declare their acceptance or rejection of the election.

**Special Provisions for Elections - Elections in the Municipal Assembly**

1. The provisions in Sections 18, 21-27, 29, 30 paragraph 2, 34-36 of this Act apply mutatis mutandis to assembly elections.

Referendum and Initiative - Optional Referendum in the Canton

1. The Grand Council decides whether its resolutions are subject to the optional referendum pursuant to § 63 of the Cantonal Constitution.

2. The Grand Council orders the publication in the Official Gazette of those enactments and resolutions that are subject to the optional referendum.

Referendum and Initiative - Optional Referendum in the Canton

1. The referendum period lasts 90 days from the date of official publication.

Referendum and Initiative - Optional Referendum in the Canton

1. Consent to the referendum request is given by individual signatures on signature lists.

2. The signature lists may only pertain to one resolution.

3. Each signature list (sheet, page, card) must contain the following information

a) the name of the municipality in which all the signatories of the list have their political residence;

b) * the designation of the enactment or resolution including the date of its adoption by the Grand Council;

c) * an indication that it is a criminal offense for anyone to unlawfully participate in a referendum request or to falsify the result of a signature collection for a referendum (Article 282 of the Criminal Code) or for anyone to engage in bribery or to be bribed during a signature collection (Article 281 of the Criminal Code);

d) * the names and addresses of at least 5 eligible authors of the referendum (Referendum Committee).

Referendum and Initiative - Optional Referendum in the Canton

1. Eligible voters must write their name manually and legibly on the signature list and additionally provide their handwritten signature. Those unable to write may have their name entered by an eligible voter of their choice.

2. They must provide all further information necessary to establish their identity, such as first name, year of birth, and address.

3. They may only sign the same referendum petition once.

Referendum and Initiative - Optional Referendum in the Canton

1. The signature lists must be submitted to the electoral register officer of the municipality where the signatories have their political residence in a timely manner before the expiration of the referendum deadline.

2. The electoral register officer shall note the date of receipt on each signature list.

3. He certifies that the signatories are eligible to vote in the municipality named on the signature list, and promptly returns the lists to the senders.

Referendum and Initiative - Optional Referendum in the Canton

1. The voting certificate shall be denied if and to the extent that the requirements specified in § 43 are not met.

2. If voters have signed multiple times, only one signature will be certified.

3. The reason for denial must be noted on the signature list.

4. Control lists must be destroyed after the legal finality of the vote.

Referendum and Initiative - Optional Referendum in the Canton

1. The referendum petition must be submitted to the State Chancellery within the referendum period.

2. Submitted signature lists will not be returned and cannot be inspected. They shall be destroyed once the referendum has been definitively confirmed as valid.

3. The withdrawal of a referendum petition is not permitted.

Referendum and Initiative - Optional Referendum in the Canton

1. The State Chancellery allows defects in the certification to be rectified by the responsible electoral register officer both before and after the expiration of the referendum period, insofar as the success of the referendum depends on it.

Referendum and Initiative - Optional Referendum in the Canton

1. After the expiration of the referendum period, the State Chancellery shall examine whether the referendum request meets the legal requirements and contains the required number of valid signatures.

2. Invalid are signatures on lists that do not meet the requirements according to §§ 42 or 44 or that have been submitted after the expiration of the referendum period, as well as signatures from signatories whose eligibility to vote has not been certified or has been wrongly certified.

3. The State Chancellery shall report the results of the examination to the Government Council.

Referendum and Initiative - Optional Referendum in the Canton

1. The government council determines the occurrence or non-occurrence of the referendum and publishes the corresponding decision in the official gazette, indicating the number of valid and invalid signatures.

**Referendum and Initiative - Popular Initiatives in the Canton**

1. The initiative petition is established through the collection of individual signatures on signature lists.

2. Each signature list (sheet, page, card) must contain the following information

a) the name of the municipality where all signatories of the list have their political residence;

b) the title and wording of the petition, as well as its possible justification;

c) the date of publication in the official gazette;

d) an unconditional withdrawal clause;

e) the names and addresses of at least 5 eligible sponsors of the initiative (initiative committee);

f) * an indication that anyone who unlawfully participates in an initiative petition or falsifies the result of a signature collection for a popular initiative (Art. 282 of the Criminal Code), or who engages in bribery or is bribed during a signature collection (Art. 281 of the Criminal Code), is committing a criminal offense.

Referendum and Initiative - Popular Initiatives in the Canton

1. The initiative committee may submit the signature list to the state chancellery for advisory preliminary review regarding the compliance with form requirements before the beginning of the signature collection.

2. The title of an initiative request must be submitted for review in every case before the start of the signature collection. If it is misleading, contains commercial or personal advertising, or causes confusion, it will be amended by the state chancellery after consulting the initiative committee.

Referendum and Initiative - Popular Initiatives in the Canton

1. Prior to the commencement of signature collection, the verified signature list must be deposited with the State Chancellery.

2. The title, text, and names of the originators of the initiative request will be published by the State Chancellery in the official bulletin.

Referendum and Initiative - Popular Initiatives in the Canton

1. The provisions applicable to referendums regarding the signature (§ 43), the voting rights certificate (§ 44), the refusal of the certificate (§ 45), and the rectification of defects in the certificate (§ 47) shall apply mutatis mutandis to popular initiatives as well.

Referendum and Initiative - Popular Initiatives in the Canton

1. The signature lists must be submitted to the State Chancellery as a whole and no later than 12 months after publication.

2. Submitted signature lists will not be returned and cannot be inspected. They must be destroyed after the legally binding determination regarding the initiation of the initiative.

Referendum and Initiative - Popular Initiatives in the Canton

1. The State Chancellery shall verify whether the signature lists conform to the deposited list, were submitted in a timely manner, and comply with the formal requirements.

2. It shall determine the total number of valid signatures.

3. Signatures are invalid if they are on lists that do not meet the requirements according to §§ 44, 50, or 54, as well as signatures from signatories whose voting eligibility has not been certified or has been improperly certified.

4. The State Chancellery shall report the examination results to the Government Council.

Referendum and Initiative - Popular Initiatives in the Canton

1. The Government Council submits a report and proposal to the Great Council regarding the validity of the initiative request in both formal and material respects, as well as its further handling.

Referendum and Initiative - Popular Initiatives in the Canton

1. The Grand Council decides whether the initiative petition has been formally and substantively compliant.

2. The initiative petition must meet the requirements of unity of form and unity of subject matter.

3. The Grand Council can correct obvious mistakes and editorial deficiencies.

4. If a reason for invalidity only concerns matters of minor importance, the Grand Council declares the defect-free part of the initiative petition valid, provided it constitutes a sensible regulation.

**Referendum and Initiative - Popular Initiatives in the Canton**

1. Initiative Petitions are submitted to a popular vote by the Grand Council, with or without a recommendation for acceptance or rejection.

Referendum and Initiative - Popular Initiatives in the Canton

1. Both forms of the initiative request may be opposed by a fully developed counter-proposal or a counter-proposal in the form of a general suggestion at any election.

2. The popular initiative and the counter-proposal are voted on simultaneously using a single ballot. The majority is determined separately for each proposal. If both proposals receive a majority of affirmative votes, the initiative is considered as accepted.

Referendum and Initiative - Popular Initiatives in the Canton

1. Initiative petitions must be brought to a vote within 24 months from the date of submission to the State Chancellery.

2. In the case of initiative petitions in the form of a general suggestion, to which the Great Council does not adhere and does not present a counter-proposal, the vote must take place within 12 months from the date of submission.

3. If an initiative petition or a counter-proposal in the form of a general suggestion is accepted, a vote on the drafted proposal must be held within 24 months from this vote.

Referendum and Initiative - Popular Initiatives in the Canton

1. Any initiative petition may be withdrawn by the initiative committee. For the withdrawal declaration to be binding, a majority of the remaining eligible members of the committee must sign it, unless the initiative specifies a different withdrawal procedure.

2. Withdrawal is permitted until the scheduling of the referendum. In the case of a petition in the form of a general proposal, to which the Grand Council agrees, withdrawal is allowed until the decision of approval.

3. The withdrawal must be communicated to the State Chancellery for the attention of the Grand Council.

Referendum and Initiative - Popular Initiatives in the Canton

1. Decisions of the Grand Council Regarding the Validity of an Initiative Request and the Withdrawal of Such Requests are to be Published in the Official Gazette.

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. To the extent that the following provisions do not contain deviations, the regulations in §§ 43, 45, 46 paragraphs 2 and 3, as well as 54 paragraph 2, shall apply mutatis mutandis in municipalities with a municipal assembly or citizens' council.

2. If the statutes of municipal associations provide for the right of initiative and referendum, the provisions concerning referendum and initiatives in municipalities shall apply mutatis mutandis.

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. Initiative and referendum petitions are established through the collection of individual signatures on signature lists (pages, sheets, cards). These must contain the following information

a) the wording of the petition,

b) a notice that anyone who unlawfully participates in an initiative or referendum petition or falsifies the result of a signature collection for an initiative or a referendum makes themselves liable to prosecution (Art. 282 of the Criminal Code) or anyone who offers or accepts a bribe during a signature collection for an initiative or a referendum (Art. 281 of the Criminal Code).

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. The initiative petition may contain only a single subject that falls within the competence of the entirety of those eligible to vote at the ballot box, the municipal assembly, or the municipal council.

2. The referendum petition may only be directed against a single decision of the municipal assembly or the municipal council, must clearly specify the same, and may not contain any conditions.

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. The number of signatures required is determined by the number of eligible voters on the day the initiative or referendum request is submitted to the municipal office.

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. Before the commencement of signature collection for an initiative or referendum request, the signature list must be deposited with the municipal office.

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. The signature lists of a referendum or initiative request must be submitted to the municipal office. It determines the time of receipt, notes this on the lists, and verifies the voting eligibility of the signatories.

2. The signature lists of an initiative request must be submitted no later than 12 months after filing.

3. An initiative request may be withdrawn by the initiative committee until the determination of the ballot vote.

**Referendum and Initiative - Referendum and Initiatives in Municipalities and Municipal Associations**

1. The municipal council determines whether the referendum or initiative request meets the legal requirements, has the prescribed number of valid signatures, and declares it as achieved if applicable.

2. The result of the examination, as well as the number of valid and invalid signatures, must be published in the official publication organ.

**Judicial Administration and Penal Provisions - Official Investigation**

1. Every eligible voter may, no later than 3 days after an election or vote, submit a request for examination and recount of the election or ballot papers of their electoral or voting district to the competent department, stating the reasons.

2. If the request is deemed justified, the examination and recount will be conducted by the competent department. The result of the investigation is decisive for determining the relevant election or voting outcome and will be communicated to the applicants.

**Administration of Justice and Penal Provisions - Official Investigation**

1. The competent department shall, on its own initiative, order an official investigation if it becomes aware of irregularities or ambiguities.

2. It shall take the necessary measures to remedy identified deficiencies.

Justice Administration and Penal Provisions - Complaints

1. The voting rights complaint may be used to assert the violation of voting rights according to §§ 3-5, 7, 17, 44, 45, and 62f.

Law Enforcement and Penal Provisions - Complaints

1. The election and voting complaint can be used to assert irregularities in the preparation or conduct of an election or vote, or in the determination of an election or voting result.

# Administration of Justice and Penal Provisions - Complaints

1. The right to file an electoral complaint is granted to anyone who is personally affected by an order or decision during an election or vote and has a legitimate interest in its annulment or amendment.

2. Any eligible voter of the respective electoral district or voting area can lodge an election or voting complaint.

Law Enforcement and Penal Provisions - Complaints

1. Complaints must be submitted to the competent appeal authority by registered mail within 3 days of discovering the grounds for the complaint, but no later than the third day after the publication of the results of an election or vote.

Chapter 1: Legal Administration and Criminal Provisions - Complaints

1. The complaint must contain a request and a statement of reasons, as well as briefly present the facts of the case.

Law Enforcement and Penal Provisions - Complaints

1. A complaint shall only have suspensive effect if it is ordered by the appellate instance either upon request or ex officio.

Law Enforcement and Penal Provisions - Complaints

1. The Administrative Court decides on election and voting complaints concerning cantonal elections and votes as the sole instance.

2. The Government Council decides on voting rights complaints as well as on election and voting complaints regarding other elections and votes. Furthermore, it decides on complaints against the decision of the State Chancellery concerning the change of the title of an initiative request and on rejected recount petitions. The decisions can be appealed to the Administrative Court within 5 days.

Law Enforcement and Penal Provisions - Complaints

1. In proceedings concerning voting rights, election, and voting complaints, no procedural costs shall be charged, nor shall party compensations be awarded. Excluded from the exemption of costs are frivolous and vexatious complaints.

2. Moreover, the provisions of the Act on Administrative Justice are applicable insofar as they are compatible with the special nature of the election and voting procedure.

Administration of Justice and Penal Provisions - Penal Provisions

1. Members of authorities and employees who intentionally or through gross negligence violate official duties in the enforcement of this law and the implementing decrees shall be punished with a fine. The regular procedure according to the Criminal Procedure Code applies.

2. The provisions of the Swiss Criminal Code concerning criminal acts against official duties and against the will of the people remain reserved.

Final Provisions

1. The Executive Council is entrusted with the execution.

2. It particularly issues implementing provisions concerning political residency, organization, distribution of promotional materials, the arrangement and execution (voting, counting) of elections and referendums, as well as the initiative and referendum rights. It also regulates transitional law.

Final Provisions

1. Upon the entry into force of this Act, all provisions that contradict it are repealed, particularly

a) Law on the Status and Resolution of Constitutional Citizen Initiatives dated September 27, 1898;

b) Law on Elections and Referendums dated September 6, 1937;

c) Law on the Adjustment of Legislation on Elections and Referendums and on the Extraordinary Municipal Organization to Include Women's Suffrage dated March 23, 1971;

d) Decree on Facilitation of Voting (Adjustment to Federal Legislation) dated June 20, 1978.

Final Provisions

1. The Great Council Election Law (Law on the Election of the Great Council) of March 8, 1988, is amended as follows

*Text inserted in the relevant enactment.*

2. The School Law of March 17, 1981, is amended as follows

*Text inserted in the relevant enactment.*

3. The Law on the Organization of the Great Council and on the Communication between the Great Council, the Government Council, and the Supreme Court (Business Communication Law [GVG]) of June 19, 1990, is amended as follows

*Text inserted in the relevant enactment.*

4. The Law on the Financial Budget of the Canton of Aargau (Financial Budget Law, FHG) of July 3, 1990, is amended as follows

*Text inserted in the relevant enactment.*

5. The Law on National and Cantonal Roads and their Financing (Road Law, StrG) of March 17, 1969, is amended as follows

*Text inserted in the relevant enactment.*

6. The Energy Law of the Canton of Aargau (EnergyG) of March 9, 1993, is amended as follows

*Text inserted in the relevant enactment.*

Final Provisions

1. This law shall be published in the official Compendium of Laws. The Executive Council shall determine the date of its entry into force.

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