Act on Political Rights - Scope

1. This Law, unless federal law applies, is applicable to

a) the federal referenda and National Council elections,

b)-c) * ...

d) * the elections and referenda in the canton and in the municipalities,

e) the exercise of the popular initiative in the canton and in the municipalities.

2. ...

1. The right to vote is the right to participate in elections and referenda, as well as to sign popular initiatives and referendums.

1. The municipal offices are responsible for issuing the voting certificates.

1. The right to vote is exercised at the political residence.

2. The political residence is deemed to be the municipality where the eligible voter resides and is registered.

3. Anyone who deposits another document (residential certificate, interim certificate, etc.) instead of the certificate of origin acquires a political residence only if they prove that they are not registered in the electoral register at the place where the certificate of origin is located.

4. Persons with a dependent civil-law residence can establish their own political residence.

1. Eligible voters are to be entered into the electoral register at their place of political residence. Entries and deletions are to be conducted ex officio.

2. Entries must be made up to the fifth day before the election or voting day when it is determined that the requirements for participation on the voting day are met.

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

1. The municipalities issue voting certificates based on the electoral register.

2. The municipalities are free to issue new voting certificates for each vote or reusable voting cards. Reusable voting cards that are not returned must be collected as soon as possible.

1. In each municipality, the municipal council elects a counting office of at least five members and appoints the president and the secretary.

2. In the case of extensive and complicated elections, the number of members of the counting office shall be appropriately increased.

3. The counting office shall not consist of a majority of municipal council members.

4. If a member of the counting office is a candidate in the election, they are not permitted to participate in the counting of the relevant ballots.

1. The municipal councils determine where and at what times the ballot boxes will be set up. The location and opening hours must be announced in a timely manner.

2. On each polling day, the ballot boxes must be kept open for at least one hour.

3. On polling Sunday, the ballot boxes must be closed by no later than 11 a.m.

4. After each opening period of the ballot boxes, they must be closed in such a way that they cannot be opened or used further. While not in use, the ballot boxes must be stored in a secure place.

1. Each ballot box must be monitored by at least two members of the counting office during voting. If the ballot box is used for early or postal voting at the municipal office, the presence of the municipal clerk or another responsible person designated by the municipal council is sufficient.

1. The counting of the results may only begin on the voting Sunday.

2. In special cases, the government council may grant exceptions, if the municipality demonstrates that it has taken all necessary measures for the correct conduct of the counting and to maintain the confidentiality of the vote.

3. If an interruption of the counting is unavoidable, the counting office must be secured in such a way that no unauthorized person can enter it.

1. The municipal councils must ensure that the secrecy of the ballot is maintained.

1. The municipalities are authorized to enact provisions regarding the use of electronic data processing in the determination of election and voting results.

2. These regulations require the approval of the council of government to be valid.

3. Article 84 of the Federal Act remains reserved.

1. Every eligible voter may cast their vote by mail instead of voting in person at the ballot box. Postal voting is permitted from the receipt of the voting materials (Art. 32).

1. Anyone wishing to vote by mail shall enclose the ballot papers in the voting envelope.

2. The voting envelope and voting certificate shall be placed in a dispatch envelope.

3. The dispatch envelope shall be marked with the note "Postal Vote" and addressed to the municipal office of the voter's place of residence. It can be handed over to the postal service with postage paid or placed in the mailbox of the municipal office.

1. A postal vote is valid if

a) both the voting certificate and the voting envelope are contained within the delivery envelope,

b) * the vote has arrived at the municipal office before the closing of the polls.

2. The votes cast by mail are to be stored in a sealed ballot box. They will be mixed with the contents of the other ballot boxes at the beginning of the count.

3. The voting certificates of postal voters are to be stored separately until the expiration of the complaint period.

1. Everyone is entitled to cast their vote in the four days preceding the voting Sunday.

2. In each municipality, at least one ballot box must be set up for this purpose.

1. Invalid or other persons who are permanently unable to personally and by postal vote cast their vote can exercise their voting rights with the assistance of the municipal clerk. For this purpose, they shall contact the municipal office of their place of residence no later than the third to last day before the voting Sunday.

2. The municipal clerk assists the invalid in casting their vote, and if necessary, also in filling out the ballot papers. The clerk must refrain from exerting any influence on the invalid and is obligated to maintain complete confidentiality regarding their observations.

1. Every eligible voter may be represented by a person eligible to vote residing at the same political domicile when casting their vote.

2. The representative must identify themselves at the ballot by presenting both the voting card of the person they are representing and their own voting card.

3. No one is allowed to assume more than one representation.

1. Propaganda and other activities within and in front of polling stations, which disrupt the voting process, are prohibited.

1. The Executive Council elects a cantonal electoral office, which includes two members of the Executive Council as well as the council clerk.

2. The electoral office supervises the conduct of federal referendums and the National Council elections and takes the necessary measures required by federal law.

1. The results of the federal referendums and the National Council elections must be reported to the cantonal chancellery as quickly as possible.

2. The municipalities make their reports based on the circular letter that is sent to them by the cantonal chancellery before each vote.

3. The protocols containing the complete results must be sent immediately to the cantonal chancellery. The ballot papers must be sealed and also delivered to the cantonal chancellery by special mail.

1. The Cantonal Chancellery is responsible for compiling the results from the municipalities, for communicating the overall result to the Federal Chancellery, publication in the official gazette and the media, as well as notifying those elected.

1. The invalidity of voting and election ballots in federal referendums and in the National Council elections is determined by federal law.

2. Additionally applicable are the grounds for invalidity according to Article 35 paragraph 1 letter d and Article 35 paragraph 2 of this Act.

1. The provisions of the federal law apply to the National Council elections. Additionally, the regulations of this law concerning federal referendums and National Council elections (Art. 20-23), as well as the corresponding regulations concerning cantonal elections (Art. 29-30) and municipal elections (Art. 32 ff.), are applicable.

1. The Cantonal Chancellery ensures the timely delivery of the ballots and the voting instructions issued by the Federal Chancellery to the municipalities.

2. The municipalities are responsible for ensuring that the voting materials and instructions are in the possession of the eligible voters no later than ten days before the election Sunday.

1. Cantonal elections and referendums are conducted at the ballot box in the municipalities.

2. The provisions of this law regarding elections and referendums in the municipalities (Art. 31-48) as well as concerning the cantonal electoral office (Art. 20) apply mutatis mutandis.

1. The canton provides the municipalities with the voting and election materials.

1bis. Proposals that are subject to a vote shall be presented to the electorate by the government council along with an explanatory report. The report includes the result of the final vote in the cantonal council and provides balanced information on the proposal.

2. The municipalities shall transmit the election and voting results to the cantonal office as swiftly as possible; the office is responsible for compiling the overall results, publishing them in the official gazette, and notifying those elected.

3. The municipalities shall submit their report based on the circular letter sent to them by the cantonal office before each election or vote.

1. The elections for the Executive Council and the Office of the Chief Magistrate, as well as for the Supreme Court, shall take place simultaneously. The Executive Council shall determine the election date.

2. The elections for the Council of States and the National Council shall occur at the same time.

1. The municipalities may conduct elections and votes at the ballot box or in the municipal assembly.

2. The provisions of this law apply mutatis mutandis to the municipal assembly.

1. The official voting material (voting template with explanations, ballot paper, and voting certificate, as well as the voting envelope) must be delivered to eligible voters at least three weeks before the polling Sunday, except in urgent cases. If a second round of voting occurs, the delivery period can be reduced to 10 days if necessary.

2. The voting material must be delivered to all eligible voters. The municipal councils may decide that the budget and the annual financial statements are sent only to each household. However, they must ensure that interested parties can collect these documents at the municipal office.

1. In all elections and votes, official, unmarked ballots and voting papers are provided to eligible voters.

2. The use of unofficial ballots and voting papers is permitted. However, they are only valid if they match the official ones in terms of color and format and are placed in the officially supplied envelope.

1. Non-official ballot papers, e.g., from parties or other organizations, shall be distributed by the municipal offices to all eligible voters, provided that they are submitted in a timely manner and in sufficient quantity to be sent together with the official voting materials.

1. Ballots and voting slips are invalid if

a) they do not clearly express the voter's intent,

b) they contain defamatory statements or obvious markings,

c) they are completed in a manner other than by hand, or (in the case of printed slips) altered in a manner other than by hand,

d) they are not placed in the official envelope,

e) they do not match the official ones in color and format.

2. Postal votes are also invalid if

a) * ...

b) the documents pursuant to Art. 14 para. 2 are not submitted completely,

c) the vote arrives at the municipal office after the closing of the polls.

3. Furthermore, ballots are invalid if they only contain names of ineligible candidates, as well as ballots containing names of different persons, although only one candidate is to be elected.

1. For the determination of election and voting results, blank and invalid ballots are disregarded.

1. For each election and vote, the counting office shall prepare a report indicating the number of eligible voters, the number of voters who cast ballots, the number of blank, invalid, and valid ballots, and the number of 'yes' and 'no' votes (in initiatives with a counter-proposal, also the number of votes without a response), or in the case of elections, the names of the candidates and the number of votes received by each. Additionally, the exact opening hours of the polls must be recorded.

2. The report must be signed by the president and the secretary of the counting office and promptly submitted to the Cantonal Chancellery. The ballots—as valid, invalid, and blank, each category separately—must be sealed and sent by special mail to the Cantonal Chancellery, which shall retain them until the expiration of the appeal period or until the final resolution of any complaint.

3. The protocol forms shall be provided to the municipalities by the Cantonal Chancellery.

1. The results of the elections and votes shall be published as quickly as possible by public notice.

2. This publication must include information on the deadline for appeals and the appellate authority (Art. 62).

1. A candidate is elected who obtains an absolute majority of the valid votes. The total number of valid candidate votes is divided by the number of authority members to be elected and the result is halved; the next higher whole number constitutes the absolute majority. If more candidates achieve the absolute majority than there are authority members to be elected, the candidate with the most votes is elected. If the absolute majority is not reached, a second ballot shall be held in which a relative majority decides; new nominations are permissible. In the event of a tie, another round of voting is required.

2. Anyone wishing to participate in the second ballot must notify the municipal office by no later than Wednesday following the first ballot.

3. If in the second ballot the number of candidates is equal to the number of authority members to be elected, those standing for election are deemed elected without the need for a voting process.

1. If a ballot paper contains more names than there are seats to be filled, the last names shall be deleted, unless the ballot paper is invalid pursuant to Art. 35 para. 3.

2. If the name of a candidate appears more than once on a ballot paper, the repetitions shall be deleted.

2. If a vacancy occurs during the course of the term of office, the municipal council shall decide whether an early supplementary election is to be conducted.

1. Newly Elected Members of Cantonal Authorities Assume Office as Follows

a) Members of the Cantonal Government and the Supreme Court on June 1;

b) Representation in the Council of States: On the date when the current member departs from the council.

1. If an individual is elected to multiple offices that are mutually exclusive, they must decide between the positions within three days.

2. If related persons are elected to an authority that they are not permitted to simultaneously join (Art. 63 of the Constitution), the election is valid for the person who was already holding office. In the event of simultaneous new elections, the person with the most votes is considered elected. In the case of a tie vote, the decision is made by drawing lots.

1. Anyone nominated for an office who does not wish to accept the election must declare their refusal before the end of the election; otherwise, the office must be held for at least one term of office.

2. Resignation from cantonal authorities must be declared in writing by the end of September at the latest, and resignation from the cantonal council and municipal authorities by the end of November at the latest.

3. Those resigning shall remain in office until the newly elected members assume their positions.

1. The Executive Council submits an annual report to the Cantonal Council on the elections in the municipalities. The Cantonal Council recognizes the elections if there are no legal obstacles.

2. The Executive Council determines the group of municipal officials and officers required to take an oath.

1. Municipalities that, in accordance with Article 102 paragraph 3 of the Cantonal Constitution, have introduced a municipal parliament and have established the proportional representation system (Proportional Representation) for its election shall issue the necessary electoral provisions themselves. The same applies to municipalities that have established the proportional representation system for the election of the Cantonal Council (Article 71 paragraph 4 CC).

2. Municipalities with a municipal parliament determine the election date themselves.

1. The 65 seats of the Cantonal Council are distributed among the municipalities according to the following procedure

a. * The number of inhabitants of each municipality is divided by a distribution key. If the result is less than one, it is rounded up to one. If it is greater than one, it is rounded to the nearest whole number. The result is the number of seats allocated to the relevant municipality.

b. * The Executive Council determines the distribution key in such a way that a total of 65 Cantonal Council seats are allocated according to letter a. It publishes the distribution key and the seat allocation in the Official Gazette.

c. * If there are equivalent rounding options, the Executive Council decides by drawing lots.

1.-2. * ...

2. The distribution of Cantonal Council seats among the municipalities is based on the officially published results of the latest national census of the resident population.

3. Following each population census, the Executive Council determines how many seats are allocated to the individual municipalities.

4. The new seat distribution takes effect with the general renewal election following the census.

1. Municipalities may introduce the optional referendum. The number of signatures required is determined by the municipal regulations; otherwise, the provisions of this law regarding the optional referendum (Art. 61bis-61novies) shall apply mutatis mutandis.

2-3

1. Municipalities are authorized to conduct consultative referendums among the population to clarify fundamental issues.

2. The results of these referendums have no legal effect. The possibility of legal appeal is excluded.

3. The government council may order that a consultative referendum on a specific question be conducted simultaneously in all municipalities. In these cases, the canton shall provide the voting materials.

1. A popular initiative may demand

a) in the canton

1. the total revision or a partial revision of the constitution;

2. the enactment, repeal, or amendment of laws and decrees that are subject to a popular vote (Art. 51 para. 1 lit. b Cst.).

b) in the municipality: the enactment, amendment, or repeal of regulations or decisions that are subject to a mandatory or optional referendum (Art. 106 para. 1 Cst.).

1. A cantonal popular initiative must be signed by at least 300 eligible voters (Art. 51 para. 2 Cst.).

2. The number of signatures required for municipal initiatives is determined by the municipal regulations.

1. Popular initiatives can be submitted as either a general suggestion or, provided they do not demand a total revision of the cantonal constitution, as a fully developed proposal (Art. 52 para. 1 CC).

2. If an initiative demands the issuance or amendment of plans or regulations for which an objection procedure is prescribed, it is only permissible as a general suggestion (Art. 106 para. 3 CC).

1. A popular initiative is only valid if the unity of subject matter and form is preserved.

2. The unity of subject matter is preserved when there is a substantive connection between the individual parts of the initiative.

3. The unity of form is preserved when the initiative is submitted exclusively in the form of a general proposal or a fully elaborated draft.

1. Signature Lists for Initiatives

Signature lists for initiatives must not differ in form or content. They must include

a) the municipality where the signatories have their political domicile;

b) the wording of the initiative;

c) the names and addresses of at least five originators of the initiative (initiative committee) as well as those entitled to withdraw it;

d) an unconditional withdrawal clause;

e) a notice that falsifying the result of the signature collection for a popular initiative constitutes a criminal offense (Art. 282 StGB).

1. For both cantonal and municipal popular initiatives, the initiative committee must have the signature lists checked by the cantonal chancellery to ensure they meet the legal requirements before the start of the signature collection.

2. The cantonal chancellery shall inform the initiative committee of the result of the preliminary verification within one month.

1. Anyone who wishes to sign a popular initiative must manually enter the following information on the signature list: surname, first name, year of birth, and address.

2. Only eligible voters from the same municipality are permitted to sign on the same signature list.

1. The signature lists must be submitted in their entirety to the municipal office - for cantonal initiatives, to the cantonal office.

2. The cantonal office shall have the voting eligibility of the signatories certified by the municipal office. Any refusal to certify voting rights must be briefly justified.

3. The signature lists are to be treated confidentially.

1. The Cantonal Chancellery reviews whether the signature lists comply with formal requirements and determines the total number of valid signatures. The Executive Council decides on the validity of the initiative (Art. 55 Para. 1 of the Cantonal Constitution).

2. The validity is decided by the Cantonal Council (Art. 55 Para. 1 and 2 of the Cantonal Constitution).

1. For municipal initiatives, the examination pursuant to Article 56, Paragraph 1 is the responsibility of the municipal office. The municipal council decides on the establishment.

2. The municipal council decides on the validity; in municipalities with a municipal parliament, the decision lies with the parliament.

1. An initiative in the form of a general suggestion may be withdrawn as long as the competent authority has not spontaneously agreed to it.

2. In the case of a drafted proposal, withdrawal is permissible

a) in the canton: until the 3rd day after the second reading in the Cantonal Council;

b) in the municipality: until the 5th day following the publication of the date of the referendum.

3. The withdrawal is valid if it is decided by the majority of those entitled to withdraw; it must be published.

1. The initiative may be presented to the voters either with or without a recommendation for acceptance or rejection, or with a counter-proposal.

2. A vote does not take place if the competent authority complies with an initiative in the form of a general suggestion on its own accord, unless the initiative demands a complete revision of the cantonal constitution.

3 ...

1. If an initiative is opposed by a counter-proposal, voting shall proceed as follows

1. If a counter-proposal is presented to the popular vote, the eligible voters are given three questions on the same ballot. Each eligible voter can state,

a) whether they prefer the popular initiative over the existing law;

b) whether they prefer the counter-proposal over the existing law;

c) which of the two proposals should come into force if both the popular initiative and the counter-proposal are preferred over the existing law.

2. The absolute majority is determined separately for each question. Unanswered questions are disregarded.

3. If both proposals are accepted, the result of the third question decides.

1. The referendum may be initiated in accordance with the cantonal constitution.

1. The Cantonal Chancellery examines whether the referendum request meets the legal requirements and determines the total number of valid signatures.

2. The Government Council decides on the validity of the referendum, orders a public vote if necessary, and publishes its decision in the Official Gazette.

3. Invalid are

a) Signatures on lists that do not meet the requirements under Art. 61quater;

b) Signatures by signatories who have not been certified or have been improperly certified;

c) Signatures on lists submitted after the referendum deadline.

4. If no referendum request has been submitted within the deadline, or if it is determined that a referendum did not come to pass, or if the decision is approved in the public vote, the Government Council enacts the respective decision.

1. The voting certificate shall be refused if the conditions of Art. 61quinquies are not met.

2. If an eligible voter has signed multiple times, only one signature shall be certified.

3. The refusal of a voting certificate must be briefly justified.

1. The signature lists must contain the following information

a) the municipality in which the signatories have their political residence;

b) the designation of the resolution for which the referendum is requested, including the date of the resolution passed by the Cantonal Council;

c) a note stating that forging the result of a signature collection for a referendum is a punishable offense (Art. 282 of the Swiss Criminal Code).

2. If multiple referendum proposals are presented for signing, each shall be the subject of its own signature list.

3. The signature lists may contain factual information regarding the referendum.

4. Sample templates of an empty signature list can be obtained free of charge from the Cantonal Chancellery.

1. Only persons eligible to vote in cantonal matters may sign.

2. Anyone wishing to sign a referendum request must manually enter on the signature list: last name, first name, year of birth, and address.

3. Only eligible voters from the same municipality may sign on the same signature list.

1. The Cantonal Chancellery shall have the voting eligibility of the signatories certified by the Municipal Chancellery.

2. The voting rights certification shall be granted if the signatory is registered in the electoral register on the day the signature list is submitted to the Municipal Chancellery for certification.

1. The signature lists must be submitted to the Cantonal Chancellery before the expiry of the referendum period. The Cantonal Chancellery shall note the receipt on the signature lists.

2. A submitted referendum request cannot be withdrawn.

3. The signature lists are to be treated confidentially. Submitted signature lists will not be returned and cannot be inspected.

1. The Cantonal Chancellery publishes the resolutions of the Cantonal Council, which are subject to an optional referendum, in their entirety in the Official Gazette. The publication indicates the optional referendum and the deadline for the referendum period.

2. The resolutions can also be reviewed and obtained at municipal chanceries.

1. Complaints can be filed with the government council due to the violation of voting rights or irregularities in the preparation and conduct of elections and referendums.

2. The complaint must be submitted within three days from the discovery of the cause for the complaint, but no later than the third day following the official publication of the results.

1. The complaint must include a brief presentation of the facts as part of the justification.

2. ...

1. The government council shall decide within ten days after receiving the complaint.

2. If it finds irregularities upon complaint or ex officio, it shall, if possible before the conclusion of the election or voting process, take the necessary measures to remedy the deficiencies.

3. The government council shall dismiss complaints without further examination if the alleged irregularities were neither by their nature nor by their extent capable of significantly influencing the result of the election or vote.

1. Decisions on appeals by the Government Council can be appealed to the Supreme Court within 30 days.

2. An administrative court complaint is also permissible against decisions of the Government Council regarding the validity of a popular initiative or a referendum.

1. The Cantonal Council is authorized to adapt this law to new federal legislation.

1. The Executive Council shall issue the regulations and directives necessary for the implementation of this law.

1. After the introduction of the four-year term of office, new elections will be held for the cantonal authorities, unless this is already necessary due to the expiration of the current term.

1. Insofar as federal and cantonal law does not exist, municipalities are authorized to issue their own regulations. These require the approval of the governing council to be valid.

1. This law shall enter into force upon its approval by the Federal Council.

2. Upon its entry into force, the Ordinance of November 6, 1978, concerning political rights and the Law of April 29, 1894, concerning the exercise of the popular initiative are repealed.