Ordinance on Extraordinary Ballot Votes (VaU) - Purpose and Scope (VAU)
Table of Provisions (16)
Statutory Text (16 Provisions)
1. This regulation governs the requirements for postal voting, which is conducted as a substitute for municipal assemblies that are exceptionally canceled.
2. It applies to extraordinary elections and referendums of the canton, the districts, the fire inspection municipality, as well as the school and church communities.
1. The Cantonal Council is responsible for the postponement or cancellation of municipal assemblies and the arrangement of extraordinary ballot votes, unless otherwise regulated.
2. These decisions are only possible under emergency law, particularly if holding the assemblies would be associated with high risks to public health, safety, or order.
3. The executive authorities of the bodies affected by these decisions have a right to be heard and to make submissions. In urgent cases, the hearing may be waived.
1. In the event of a postponement or cancellation of municipal meetings, the municipal commission may issue the necessary regulations to ensure the functionality of the authorities and the corporation.
2. In the case of an extraordinary ballot, the municipal commission sets the dates. The municipal commission ensures coordination with the dates of other ballots.
3. The executive authorities of the entities affected by the decisions have the right to be heard and to submit proposals. In urgent cases, a hearing may be waived.
1. The executive authority of the affected community is responsible for the procedural rules for extraordinary ballot votes.
2. In the case of a ballot vote instead of a cantonal assembly, deviation from the procedural rules already issued by the Grand Council at the time the ballot vote is ordered is only permitted to the extent necessary.
3. If time permits, the Cantonal Council shall present the procedural rules for extraordinary cantonal ballot votes to the Grand Council for decision.
1. For extraordinary ballot votes, eligible to vote is anyone who would also be eligible to vote in the municipal assembly at the time of the ballot vote.
2. If a federal vote and an extraordinary ballot vote in the canton or in the districts are held simultaneously, the voting rights certificates for the federal vote also apply to the extraordinary ballot votes.
3. Eligible for election is anyone who is eligible to vote in the respective body at the time of the election.
1. The districts are responsible for conducting the ballot votes for the canton and for themselves.
2. The fire inspection municipalities, school municipalities, and church municipalities are responsible for conducting their own ballot votes. They shall make the necessary organizational arrangements and may contractually delegate the conduct to a district.
3. The State Commission may further regulate the voting for the fire inspection municipality, the school municipalities, and the church municipalities.
1. Incumbent officeholders who remain available for the position or for a position due to be filled on a regular basis shall be deemed to be nominated for that position.
2. If a person is deemed to be nominated for a specific position and no valid alternate proposal is submitted, they shall be considered elected to that position. However, for the governing Landammann and the representative in the Council of States, an election by ballot is always conducted.
3. Further elections by ballot will be conducted if
a) a valid alternate proposal is submitted;
b) no one is deemed to be nominated for a position.
4. If an election by ballot is conducted, the persons deemed to be nominated for a position by law shall be listed on the ballot and designated as nominated.
1. Submission of Counterproposals
a) The official form must be used for counterproposals. The Council Chancellery provides the official form on the internet and supplies it upon request.
b) * Every counterproposal must be signed by 10 persons entitled to vote in the relevant body; the signatories must be listed with their last names, first names, addresses, and dates of birth.
c) The person named as a counterproposal must be clearly identified and eligible for election.
d) The counterproposal must contain the name of the person and the office to which the counterproposal relates.
2. The Council Commission sets the deadlines for the submission of counterproposals.
3. Counterproposals cannot be withdrawn.
1. Duly submitted counterproposals shall be officially communicated. The individuals named in the counterproposal and the individuals against whom the counterproposal is directed shall receive a written notification.
2. If counterproposals have been submitted on an incorrect form, are incomplete, illegible, or erroneous, the contact person shall be given a brief period to make corrections. The contact person is deemed to be the one who signed first; if this person is unreachable, the next person shall be deemed the contact person.
3. Invalid counterproposals shall be treated as not submitted, which shall be communicated to the contact person.
1. If a person who has been nominated as a counterproposal is not subject to the obligation to accept office and does not wish to participate in the election, they must declare this in writing within three days of the official notification.
2. If they submit such a declaration, the counterproposal will be treated as not submitted, which must be officially communicated.
3. If they do not submit such a declaration, the right to declare non-acceptance in the event of an election is forfeited.
1. In cases of resignations by individuals subject to compulsory office, a replacement election is conducted without a formal discharge from office.
2. Casting a vote for another person is considered as consent to the discharge from office.
3. In these cases, the ballot paper is provided with an appropriate notice.
1. In elections without a proposed candidate and without counterproposals, the ballots for the position to be filled contain a blank line. On this line, the name of an eligible person may be written.
2. In elections with a proposed candidate against whom no counterproposal has been raised, the name of the proposed candidate is provided along with a blank line. Furthermore, the following applies
a) If one wishes to vote for the proposed candidate, the name of the proposed candidate is left as is and the blank line is left unused.
b) If one wishes to vote for another person, the name of the proposed candidate must be clearly struck through, and the name of an eligible person must be written on the blank line.
3. In elections with counterproposals, the names of the proposed candidate and the counterproposals are provided. Furthermore, the following applies
a) Persons other than those printed on the ballot are not eligible for election.
b) The names of persons who do not wish to be elected must be clearly struck through.
c) If more than one person is left unstruck or all persons are struck for the position to be filled, the vote is invalid.
1. The Civil Service Commission establishes the deadline for declarations of non-acceptance for persons not subject to the obligation to hold office and regulates the form of the declaration.
2. If the deadline or form is not adhered to, the right of non-acceptance is forfeited.
3. Legally received declarations of non-acceptance must be officially communicated.
4. In the event of an election to various, mutually exclusive offices, the Civil Service Commission sets the deadline for the decision among the offices. If no declaration is received within the deadline, it determines which office must be assumed.
1. The day of assuming office is considered to be the day following the election in which one was elected.
2. For individuals who are deemed elected without opposing candidates, the official commission establishes the date of assuming office.
1. The Commission for Official Affairs executes the duties according to this regulation and establishes the details for the preparation and execution of ballot voting, including the distribution of costs among the participating bodies.
2. If the regulation or the orders of the Commission for Official Affairs contain no provisions, the regulation on ballot voting dated October 23, 2017, shall apply to the preparation and execution of elections and votes. Specifically, the chapter concerning voting in districts and municipalities shall apply mutatis mutandis to the canton.
1. This regulation enters into force upon adoption by the Grand Council.