Ordinance on Ballot Box Voting (VUA) - Validity (VUA)

1. This regulation governs the ballot votes and elections of the canton, the districts, as well as the school and church communities.

2. For federal ballots, it applies in addition to federal law.

3. Where nothing else is stated or does not arise from the context, the term "vote" includes both referenda and elections, and the term "ballot paper" includes both referendum ballot papers and election ballots.

4. Throughout the entire voting process, the confidentiality of the vote must be preserved.

1. Supervision of the votes is the responsibility of the Cantonal Government.

2. The district and municipal authorities are responsible for conducting the votes in the districts and municipalities.

3. For the federal votes and the National Council election, the Chancellery serves as the cantonal counting office. It takes the measures required by federal law and is responsible for conducting the election concerning Swiss citizens abroad. Otherwise, the carrying out of federal voting is conducted in the districts.

4. The Cantonal Government determines the cantonal contributions to the costs incurred by districts for conducting federal votes.

5. It can appropriately adjust procedural deadlines according to this ordinance upon request from the implementing authority.

1. The right to vote in federal referendums is determined by federal legislation, while the right to vote in district and municipal matters is governed by the provisions of the cantonal constitution for the cantonal assembly and municipal meetings.

2. Foreign nationals residing in a church community with a permanent residence permit may be declared eligible to vote on church community matters in accordance with the church community regulations.

3. Voting rights commence upon successful registration in the electoral register.

4. Only those who have voting rights in the respective body may be elected to a position filled by popular vote and may hold such an office.

1. The management of the electoral register for eligible voters residing in the inner part of the country, for Swiss citizens abroad, and for foreign individuals eligible to vote in church parishes is the responsibility of the Council Chancellery, while for Swiss eligible voters residing in the outer part of the country, it is the responsibility of the District Chancellery of Oberegg.

2. The electoral registers are open to inspection by eligible voters.

3. All relevant changes must be reported to the authority responsible for maintaining the register.

4. Entries and amendments to the electoral register are made ex officio. No entries or amendments will be made in the electoral register five days prior to an election.

5. The authority entrusted with maintaining the electoral register issues the voting rights certificates. The delivery of these certificates, along with any voting materials, is carried out by the districts and municipalities, and for Swiss citizens abroad by the Council Chancellery.

1. Each district and municipal authority appoints an electoral office to oversee the ballot boxes and determine the voting results.

2. The electoral office consists of

a) the chairperson of the municipal or district authority as the president of the electoral office,

b) the vote counters appointed by the municipal or district authority,

c) a person appointed by the municipal or district authority to serve as the secretary.

3. The members of the electoral office must be eligible to vote within the respective body. They must recuse themselves in matters concerning their personal interests.

4. If the municipal or district authority is elected at the ballot box, except for the president of the authority and their deputy in case of inability to serve, no other authority member may participate in the electoral office.

1. Matters subject to a vote must be publicly announced in the official publication organ no later than 30 days before the day of execution.

1a. For elections, the conducting authority determines the timing for the announcement in the official publication organ.

2. The announcement of votes includes

a) * the opening hours and locations of the ballot boxes, and

b) * the designation, if applicable, of the office where votes can be submitted, along with the opening hours.

3. In the case of substantive votes, the announcement additionally includes the subject matter of the vote; in the case of elections, the offices for which the election is applicable, and a brief description of the registration process and the registration deadline.

4. For national parliamentary elections, the provisions according to federal law also apply.

1. On the day of voting, at least one ballot box must be kept open in each executing body.

2. On at least two of the four days preceding the vote, at least one ballot box must also be kept open, or the opportunity must be provided for votes to be submitted securely at a public office for at least one hour per day.

3. Mobile ballot boxes may be used, but on the day of voting, only in addition to another ballot box.

1. The ballot boxes must be kept open for at least one hour each. Mobile ballot boxes can be open for a shorter period.

2. The ballot boxes must be closed by no later than 11:30 a.m. on the day of the vote.

1. Ballot boxes must be sealed between uses for the same vote and after the final use in such a manner that they cannot be opened or reused.

2. The ballot boxes must be stored in a secure location, accessible only to authorized personnel, when not in use.

1. The right to vote applies to the body in which the political domicile is located; the requirements for the political domicile are governed by federal law.

2. Eligible voters are obligated to cast their votes unless there is an important reason preventing them from doing so.

3. The right to vote must be exercised personally.

4. However, when voting, each eligible voter may be represented by another eligible voter from the same body, provided that no person may undertake more than one representation. The representative must present their own voting certificate and that of the person they are representing at the ballot box.

1. Eligible voters who, due to a disability or other reasons, are unable to exercise their voting rights either at the polling station or by mail, may seek assistance from an official. They must register with the electoral body conducting the vote by the third day before the polling day.

2. The electoral body in question shall appoint an official to assist with the voting process and, if necessary, with the completion of ballot papers.

3. Eligible voters who are unable to write may have the ballot papers completed by an eligible person of their choice.

4. The official or the assistant person is permitted to complete the ballots only to the extent and manner instructed by the eligible voter, must refrain from any influence, and is obliged to maintain confidentiality regarding any observations made.

1. Each ballot box and the voting process must be continuously monitored during the opening hours.

2. The monitoring specifically includes ensuring that voting occurs only once, the ballot box is empty at the start, and is properly secured after closing.

3. Persons entrusted with the monitoring must neither investigate the contents of the ballots nor influence the voting process, nor assist in filling out the ballots.

4. The Council of State may issue detailed guidelines in an official directive for the monitoring of the ballot boxes and the voting process.

1. Every eligible voter may vote by mail as soon as the materials have been received.

2. A vote cast by mail shall be counted if it arrives at the competent voting office before the closing of the polls.

1. The procedure for voting by mail is as follows

a) The completed ballots must be placed in a neutral envelope and sealed.

b) The declaration on the voting certificate must be signed, asserting that the vote corresponds to the will of the voter.

c) The neutral envelope with the ballots and the voting certificate with the signed declaration must be placed in the window envelope in which the voting materials were delivered.

d) The window envelope can be sent by mail, deposited in the mailbox of the voting office, or handed in at the ballot box. When sent by mail within Switzerland, no postage is required.

1. The voting and election envelopes shall be kept at the district, municipal, or council office until the counting takes place. Premature opening is not permitted.

2. The district or municipal authorities and, at the cantonal level, the council clerk are responsible for the proper safekeeping of the ballots.

1. Counting of the ballots may not commence until the day of the vote.

2. Preparations for the counting may be made no earlier than three days before the day of the vote, in the presence of at least two members of the election office, specifically

a) opening of mail-in submissions;

b) verifying voting rights certificates;

c) separating voting rights certificates from ballot envelopes.

3. The electoral office conducts the counting of all ballots uniformly and completely in a central counting office.

4. If an interruption of the counting is unavoidable, the counting office must be securely locked.

1. In referendums and simple elections for an office, ballots are counted, whereas in multiple elections on a single ballot, individual votes are counted.

2. For determining the result of the vote, blank or invalid ballots are disregarded; in the counting of individual votes, additionally, the invalid individual votes are disregarded.

1. Ballots are invalid if they

a) are not official;

b) are completed in any manner other than handwriting;

c) do not clearly reflect the intention of the voter;

d) contain additional notes or symbols;

e) contain more marked boxes and written names than there are positions to be filled in elections;

f) in referendums with a follow-up question, do not provide an answer to either the main or the follow-up question.

2. Mail-in ballots are additionally invalid if

a) they arrive at the polling office after the close of polls;

b) ballots with differing contents for the same voting item are found in the same envelope;

c) the declaration that the ballot reflects the will of the voter is not signed.

3. Voting slips or individual votes are also invalid if

a) the name of a person is listed who cannot be elected in the respective electoral district; or

b) the listed name cannot be clearly assigned to an eligible candidate.

1. Of multiple identical ballots in a voting envelope, only one is valid.

2. If a ballot contains the same name more than once, the vote is counted only once.

1. A record of the voting results shall be prepared in each polling station containing the following data

a) Subject of the vote;

b) Purpose, date, and location of the vote;

c) Number of eligible voters;

d) Number of ballots received;

e) Number of blank and invalid ballots, as well as those considered;

f) In the case of counting individual votes, the number of invalid and valid votes;

g) Number of valid ballots or votes, sorted by candidates or by approval and rejection of a voting issue.

2. The accuracy of the record must be confirmed by the signature of the president and the secretary of the polling station, and in the case of Swiss citizens abroad, by the secretary or notary.

1. The districts shall deliver the voting certificate and the voting materials no later than three weeks before the voting day.

2. For Swiss citizens living abroad, the Council Chancellery is responsible for the dispatch.

1. The polling offices of the districts shall promptly report the results of the federal votes and the National Council elections to the Council Chancellery. The report must always be submitted using two of the communication methods predetermined by the Council Chancellery.

2. On the day following the vote, all ballots, along with the records, must be delivered to the Council Chancellery.

1. Districts and municipalities have the right to introduce voting by ballot for issues and elections. The introduction of voting by ballot must be carried out at the ballot box.

2. The municipal regulations may stipulate that an individual issue or election can be subjected to a ballot vote by a secret municipal assembly resolution.

3. The church or school municipal authority may delegate the conduct of ballot voting to a district through an agreement concluded for this purpose.

1. For offices filled by election, the district or municipal authority establishes the resignation deadlines.

2. In cases of resignation by individuals subject to mandatory officeholding, a replacement election is conducted without a formal discharge from office. Voting for another person is considered consent to the discharge from office. In such cases, the ballot is marked with an appropriate notice.

1. Candidates can register for elections by providing their name and other required information. The registration must be signed by the candidate.

2. The district or municipal authority sets the deadline by which the registrations must be received by the district or municipal office.

3. Within the registration period, registered candidates can withdraw their registration in writing. In the event of death within this period, the registration becomes void.

4. The district or municipal office reviews the registrations and posts the valid candidacies on its website. Persons with invalid registrations are promptly informed in writing about the non-consideration.

5. The registration is valid for the election day as well as any possible second rounds of voting. Additional registrations for second rounds are not possible. If registered candidates wish to opt out of participating in the second rounds, they must inform the district or municipal office in writing within three days after the election day.

1. The voting materials and the voting rights certificate must be delivered no later than three weeks before the election.

2. ...

1. A separate ballot paper must be created for each voting matter.

2. The ballot paper shall contain

a) the designation "Ballot Paper",

b) the name of the corporation and the date of the vote,

c) the necessary information about the matter,

d) the voting question and the required boxes for answering.

1. A separate ballot paper must be prepared for each individual election; elections for the appointment of multiple positions within the same authority (multiple elections) can be included on one ballot paper.

2. The ballot paper contains

a) the designation "Ballot Paper",

b) the designation of the corporation and the voting date,

c) the mention of the office or offices to be filled by the election,

d) in the case of multiple offices, the number of positions to be filled,

e) a brief indication of how to vote correctly; this indication may also be provided on a separate supplement.

3. The ballot paper further contains

a) the names and other data required for identification of the registered individuals, first the data of the current officeholders in alphabetical order and with the addition "current", then those of the new candidates in alphabetical order,

b) a checkbox next to each name,

c) finally, blank lines corresponding to the number of positions to be filled.

4. If no individuals are registered, the paper contains blank lines corresponding to the number of positions to be filled.

1. In referendums, the boxes are either ticked according to the question posed or filled in by hand with "Yes" or "No."

2. Ballot papers must be completed as follows

a) Either the box next to the pre-printed name of a candidate is ticked, or the name of an eligible person, along with the necessary personal details, is handwritten on a blank line.

b) The total number of ticks and handwritten entries must not exceed the number of positions to be filled.

1. In votes on matters and in first ballots, a simple majority applies. It is achieved when a candidate or a proposal secures more than half of the valid ballots or votes.

1a. In multiple elections, the majority of valid votes per seat is decisive in first ballots, and in votes on matters with multiple accepted questions, the majority of valid votes for the deciding question is crucial.

2. In second ballots, a relative majority applies. The person or persons with the highest number of votes are elected. If several individuals achieve the same result entitling them to election and cannot all be designated as elected, the tie is decided by drawing lots conducted by the president of the electoral office.

3. Second ballots must be publicly announced and conducted immediately. The district or municipal authority sets the time and necessary deadlines.

1. If a municipal regulation for authorities, commissions, and delegations contains a term of office that may not exceed four years, only any necessary replacement elections shall be conducted in the intervening years.

2. If a person is elected to multiple positions that are mutually exclusive, the individual concerned must decide on one position within three days. For executive authorities elected by ballot, the incompatibility rules for the Cantonal Commission as per the Cantonal Constitution apply accordingly.

3. An elected person who is no longer subject to the obligation to hold office may declare the refusal of the election within the same deadline. In the event of re-election, this right of refusal only applies if a timely resignation is declared.

4. For individuals who have registered for an election, any potential right to refuse acceptance is forfeited.

1. If an office remains vacant due to non-acceptance of an election or for other reasons, a by-election must be held.

2. If an office becomes vacant during the term of office, a replacement election must be conducted as soon as possible. For important reasons, the replacement election may exceptionally be postponed with the approval of the state commission, but no later than the next regular election.

1. The results of the ballot votes must be announced in an appropriate manner. The elected candidates must be immediately notified in writing of the election.

2. After the expiration of the appeal period or after the resolution of the appeals, the district or municipal authority shall decide on the destruction of the ballots.

1. Regulations approved at the ballot box are subject to the approval of the Cantonal Council.

2. They must be submitted to the Cantonal Council for preliminary examination in advance.

1. The Ordinance on the Landsgemeinde and the Municipal Assembly of December 1, 2014, is amended

1. The ordinance title is given the abbreviation VLGV.

2. Article 3 paragraph 2 is revised, and paragraphs 3 and 4 are inserted

2 Foreigners residing in a church municipality with a permanent residence permit can be declared eligible to vote on church municipality matters in accordance with the church municipality regulations.

3 Voting eligibility begins upon registration in the local electoral register.

4 Only those who have the right to vote within the respective body can be elected to, and hold, an office filled by popular vote.

3. Article 7 paragraph 3 is revised

3 If a previous person is considered proposed and there are no further proposals, they are elected; in the elections of the governing Landammann and the Council of States, the candidate is always confirmed.

4. Article 11 paragraph 2 is revised, and paragraphs 4 and 5 are inserted

2 Amendment motions are not possible, except for the determination of tax rates and percentages.

4 Motions for referral must be combined with a mandate. They can be voted on immediately, during the discussion, or after it.

5 If a motion for referral is accepted, the matter's handling is concluded; if rejected, depending on the chosen voting time, the discussion must be continued, or the substantive vote conducted.

1. Elections publicly announced before the entry into force of the revision dated 24 June 2024 shall be conducted in accordance with the previous law.

1. The Ordinance on Political Rights of June 11, 1979, is repealed.

1. This regulation shall enter into force on January 1, 2018, subject to the approval of the Federal Council.