Scope (PRV)

1. The Scope of this Regulation is determined according to Article 2 PRG. For municipal elections and referenda, the Municipal Act of March 16, 1998 (GG) and, correspondingly, the legislation on political rights shall apply.

2. For maintaining the electoral register, the Ordinance of December 10, 1980, on the Electoral Register and the provisions of federal law shall apply.

3. The electronic voting by Swiss citizens abroad is governed by the Ordinance of October 27, 2010, on Electronic Voting by Swiss Citizens Abroad (ESASV).

1. A transitional period until June 30, 2020, is granted to the municipalities for adjusting the notice on the reply envelope or the voting right certificate in accordance with Article 3, Paragraph 2, Letter c.

Severely mobility-impaired eligible voters are permitted, in the case of non-wheelchair accessible voting locations, to hand over the voting envelope prepared according to the provisions of Article 4, or the voting authorization certificate, along with the election or voting ballots, to a person with an official function.

Eligible voters who are unable to write may declare their vote for the election or referendum to a person with an official function while simultaneously handing over the voting authorization certificate. The designated person records the voter's expression of will in the presence of the eligible voter on the election or voting ballot and places it either in the voting envelope or the ballot box.

The designated person is obligated to maintain confidentiality.

1. The return envelope of the municipalities is designed as an envelope with a separate voting envelope.

2. The return envelope or the voting certificate contains the following information

a. instructions for postal voting in accordance with Articles 4 and 7,

b. the note that the signature must be personally signed on the voting certificate,

c. the notes

1. on Article 282, paragraph 1 of the Criminal Code (StGB), which stipulates a punishment of imprisonment for up to three years or a fine for unauthorized participation in an election or vote, and

2. on Article 282a StGB, which provides for a fine for the systematic collection, completion, or alteration of election or voting ballots, or for the distribution of such ballots,

d. if the municipality does not cover postage, the note that the return envelope must be stamped,

e. information on the opening hours of the voting venue on the election and voting day,

f. the time of the last collection from the mailbox designated by the municipality (Art. 16 para. 2 PRG).

3. A neutral envelope with the imprint "Election and Voting Ballot" is used as the voting envelope. The inclusion of additional instructions for the procedure for postal voting is permitted.

4. The return envelope or voting certificate for Swiss citizens abroad contains the information specified in paragraph 2 letters a to c as well as the note that the return envelopes must be stamped.

1. The eligible voters place the election and voting slips in the voting envelope and seal it.

2. They sign the voting right certificate and place it together with the sealed voting envelope in the return envelope.

The reply envelopes received by the municipality must be kept unopened and in a secure location until the commencement of the processing of postal votes in accordance with Article 8.

1. Late-received response envelopes will not be included in the count. They shall be marked with an entry note and kept unopened until the official determination of the result.

1. The members of the voting committee or municipal employees engaged in accordance with Article 37a paragraph 1 PRG remove the voting cards from the return envelopes and check whether they contain the handwritten signatures. The valid voting cards are placed with those submitted at the ballot box.

2. The ballot envelopes are then opened. The ballots contained therein are stamped and placed with those submitted at the ballot box.

3. Municipalities with more than 1,000 eligible voters may use an equivalent automated procedure for official marking instead of stamping.

4. The processing of votes submitted by mail according to paragraphs 1 to 3 may take place from the first day of the ballot box opening (Art. 52 PRG). Municipalities with more than 5,000 eligible voters that have not opened the ballot boxes on the days preceding the election or voting day may process the votes submitted by mail on the day before the election or voting day.

5. If special circumstances arise, the governing council may establish special rules for the processing of votes submitted by mail.

**1. During voting, the voting committees in their electoral districts determine:**

a) the number of valid voting rights certificates,

b) the total number of ballots cast,

c) the number of ballots not considered (blank and invalid ballots),

d) the number of ballots considered (valid ballots),

e) the number of yes and no votes for each voting item,

f) the result of the deciding question,

g) the number of invalid postal votes in accordance with Article 22, paragraph 1, letters a to c PRG.

**2. They record in their electoral districts, according to the voting register, the number of eligible voters and the number of Swiss citizens abroad registered in the voting register.**

**3. After the completion of the counting in their administrative district, the government offices report the results to the state chancery.**

1. In proportional representation elections, the vote counting committees in their electoral districts determine

a *** the number of valid voting rights certificates,

b the total number of ballots received,

c the number of ballots not considered (blank and invalid ballots),

d the number of ballots considered (valid ballots),

e the number of votes that each candidate on every list has received (candidate votes),

f the number of supplementary votes for each list,

g the sum of the candidate votes and supplementary votes for each list (party votes),

h *** the number of blank votes,

i *** the number of invalid votes,

k *** the number of invalid postal votes according to Article 22 paragraph 1 letters a to c of the Electoral Act (PRG).

2. They record in their electoral districts, according to the voting register, the number of eligible voters and the number of registered Swiss citizens living abroad.

3. The government office responsible for the electoral district determines the allocation of seats among the lists as well as the elected candidates and substitutes.

4. For National Council elections, Article 62 of the Electoral Act (PRG) applies, as well as the federal legislation on political rights.

1. In majority elections, the election committees in their constituencies determine

a. the number of valid voting rights certificates,

b. the total number of received ballot papers,

c. the number of disregarded ballot papers (blank and invalid ballot papers),

d. the number of considered ballot papers (valid ballot papers),

e. the number of votes received by the candidates,

f. the number of blank votes,

g. the number of invalid votes,

h. the number of invalid postal votes in accordance with Article 22 paragraph 1 letters a to c PRG.

2. They record in their constituencies, according to the electoral register, the number of eligible voters and the number of Swiss citizens abroad registered in the electoral register.

3. In the election of the Executive Council and the Bernese members of the Council of States, the State Chancellery calculates the absolute majority of votes and determines the allocation of seats.

4. In the election of the governmental commissioners, the governmental commissioner's office responsible for the administrative district determines the result.

1. The voting committee convenes for the count in accordance with Articles 9 to 11 immediately after the closing of the polling station in a suitable location within the electoral district.

2. It completes the count as quickly as possible and without interruption.

3. The provisions for early counting remain reserved.

1. If there are several polling stations within a voting district, the ballot materials are transported in sealed containers accompanied by two members of the election committee to the counting room, where the seals are removed and the contents of the ballot boxes from all stations are mixed. Following this, the counting begins.

1. For the counting, the following order must be observed: federal, cantonal, and communal elections or referendums. The election of the Bernese Jura Council is counted after the elections for the Grand Council and the Executive Council.

1. Reductions and corrections made by the election committee must be marked with a red pen. If the voter's intention is clearly recognizable, names may be corrected. Further changes to the text of the ballots by the election committee are prohibited.

The entire voting committee or a group designated in advance evaluates the validity of a ballot or voting slip, as well as any doubtful cases such as illegible or incorrectly spelled names.

1. The Voting Committee records the results immediately after the conclusion of the counting in a protocol; it reports them to the competent office of the District Governor.

2. It submits a copy of the protocol to the State Chancellery. For elections to the Grand Council, National Council, and elections to the Bernese Jura Council, it forwards copies of the protocols to the competent office of the District Governor.

3. It hands over the protocol to the responsible person at the municipality, who checks it on the Monday following the election and retains it until the official determination of the results. If any discrepancies in the protocol are discovered subsequently, they must be reported to the State Chancellery immediately.

4. The protocol must contain separately the information specified in Articles 9 to 11 for federal and cantonal elections and referenda.

5. It is signed in the name of the Voting Committee by the President and the Secretary.

6. Members of the Voting Committee who disagree with the content of the protocol or have identified discrepancies must note their comments at the end of the protocol.

**Section 1: Safekeeping and Destruction of Voting and Election Materials**

Ballots, voting certificates, and invalid postal votes are to be packaged, sealed, and stored in a secure location by the municipal administration. Empty ballots, those declared invalid, and unstamped ballots should be bundled separately and packaged with the valid ballots. The State Chancellery shall inform the municipal administrations once the ballots and voting certificates may be destroyed. The destruction of election and voting materials must be documented.

1. Municipalities with over 1000 eligible voters may open the ballot boxes at 8:00 a.m. on the election or voting day for early counting.

2. Municipalities with over 5000 eligible voters may open the ballot boxes at 8:00 a.m. on the day before the election or voting day for early counting.

3. Empty ballot boxes shall be provided for use on the election or voting day.

4. The early counting shall take place in a location separate from the voting area.

5. The results of the early counting pursuant to paragraphs 1 and 2 must be kept confidential until the conclusion of counting on the voting day.

1. If the definitive result of a majority election or a cantonal referendum according to Article 27 PRG is very close, the government council shall order a recount.

1. **Recount Process**

The recount is limited to verifying the validity of the ballots and the decisions on voting questions or election results where the outcome was very close.

2. During the recount, the ballots are checked for their consistency with the initial count. Any differing decisions regarding the validity of a ballot and any discrepancies in the count are documented.

3. Provisions of federal law regarding the verification of electronic voting remain reserved.

1. The recount is generally conducted by the electoral committees of the municipalities on the day designated by the governing council, without interruption.

2. The municipalities report the results of the recount to the district governor's offices and submit the recount protocol to the state chancellery. The district governor's offices report the results of the recount to the state chancellery.

3. The state chancellery determines the definitive result of the recount based on the reports from the district governor's offices and the recount protocols.

1. If the recount results in a very close outcome again, a further recount is excluded in accordance with Articles 20 to 22.

1. If the Government Council orders an official investigation according to Article 159 paragraph 2 of the PRG due to possible irregularities or deficiencies in an election or vote, it may conduct a recount in the entire canton or in individual voting districts.

2. It decides on the scope of the recount and the procedure.

The State Chancellery may have the result of an individual voting district recounted if it has reasonable doubts about its reliability.

It may have the recount conducted by the municipality or conduct it itself.

For government council and Council of States elections, the government council communicates the officially determined election results to the elected individuals, the Grand Council, and, in the case of Council of States elections, also to the Federal Council and the Secretariat of the Council of States.

1. In elections for the Grand Council, the State Chancellery notifies the elected individuals of their election.

The Executive Council reports to the Grand Council on the Grand Council elections.

The State Chancellery reports to the Executive Council on the elections of the Bernese Jura Council.

1. The Government Council shall communicate the provisional and final results of federal elections and referendums to the Federal Chancellery in accordance with Articles 14 and 52 of the Federal Act of 17 December 1976 on Political Rights (PRA)[6].

1. The State Chancellery promptly provides the election and voting materials designated by the Office of the District Governor to the packaging and shipping centers for the eligible voters.

2. It ensures the prescribed notifications in the area of elections and voting and provides legal information to the Office of the District Governor and the municipalities.

The State Chancellery issues the necessary directives for conducting federal and cantonal elections and referendums.

1. The State Chancellery determines the election and voting results based on reports from the offices of the government prefects and the municipal protocols.

It may correct deficient protocols itself or return them to the municipality for correction and completion.

Based on the rectification and compilation of the protocols, it reports to the Governing Council on the cantonal election and voting results.

The Office of the Government Commissioner reviews the election proposals and registrations, insofar as these are to be submitted to it, and ensures the rectification of any deficiencies.

1. The Office of the Government Commissioner supervises the preparation and conduct of elections and referenda in its administrative district and provides legal advice and instructions to the municipalities.

The Office of the Government Representative promptly forwards instructions and forms from the State Chancellery to the municipalities.

Unless the municipalities package and dispatch the election and voting materials themselves or have them packaged and dispatched, the Office of the Government Representative is responsible for the timely packaging and dispatch to the eligible voters.

It reports the election or voting results of the administrative district to the State Chancellery as quickly as possible.

It submits a report to the State Chancellery regarding any irregularities or delays in the preparation of a ballot and in the determination of the results.

1. In every municipality and every mixed municipality, the municipal council appoints the members of the voting committee.

2. Furthermore, it ensures

a. the timely delivery of election and voting materials to the eligible voters,

b. the provision and equipping of voting rooms,

c. the possible remuneration of the voting committee members,

d. a swift and reliable determination of the results.

3. If a small municipality is assigned to another voting district (Art. 38 para. 2 PRG), these tasks remain with its municipal council.

**Article: Municipal Regulations Regarding the Voting Committee**

The municipal regulations determine whether the voting committee or individual members of it are elected as a standing commission for the duration of their term of office, or whether and to what extent the committee is to be newly appointed for each election or vote.

In municipalities with fewer than 1,000 eligible voters, a voting committee must consist of at least three standing or non-standing members.

When appointing the standing voting committee, appropriate consideration must be given to the party proportions within the municipality. The elected members receive a personal notification of their election.

Each voting committee is chaired by one of its members as president, with another member serving as secretary.

Municipalities expand their voting committees on voting days with multiple proposals or during elections if this is necessary to promptly determine and report the results.

The composition of the voting committee must be published with every change. Announcements on the internet are sufficient.

1. If several municipalities are combined into a voting district, the voting committee is elected by the municipal council of the municipality that is the seat of the voting district.

2. In the voting committee, all municipalities are represented by at least one member.

1. The competent municipal authority shall communicate the names of the municipal employees appointed pursuant to Article 37a, paragraph 1 of the PRG to the chairperson of the voting committee in writing.

1. In the presence of a ground for dispensation according to Article 37, Paragraph 3 of the PRG, the competent municipal authority may exempt the summoned member from the obligation to participate in the electoral committee.

2. The request for dispensation must be submitted in writing to the municipal council within ten days from receipt of the election notice or from the subsequent occurrence of the ground for dispensation.

3. The procedure is governed by the Act of May 23, 1989, on Administrative Procedure (VRPG)[7].

The municipality ensures the timely instruction of the voting committee and the municipal employees enlisted according to Article 37a paragraph 1 PRG prior to the poll.

The instruction includes, in addition to the explanation of the regular duties (Art. 9 to 19), specific guidelines regarding the preservation of voting secrecy and the prohibition of prematurely announcing election and voting results.

1. The Voting Committee ensures order and discipline within and in front of the voting and counting area and prevents unlawful actions.

1. All processes that may influence the outcome of an election or vote shall be supervised or monitored by at least one additional member of the voting committee.

**Voting Room Regulations**

The voting room shall be opened and closed punctually at the time specified. Voting after the closing of the voting room is generally not permitted. Only those who have arrived to vote before the closing are allowed to cast their vote after the voting room has closed.

1. Any person presenting a voting card issued in their name shall be admitted to vote. If there are doubts about a person's entitlement to vote, the voting committee or the municipal employees enlisted according to Article 37a paragraph 1 PRG may require the individual concerned to present an additional form of identification such as a passport, identity card, driver's license, half-fare travelcard, or similar document.

2. After verification by the voting committee or the enlisted municipal employees, the voting card shall be placed in the designated ballot box.

3. The exclusion from voting according to Article 13 paragraph 3 PRG must be recorded in the minutes.

1. The voting committee or the municipal employees involved according to Article 37a Paragraph 1 PRG shall inform the eligible voters about the voting procedure if necessary.

2. They do not take a position on the content of the vote. Support pursuant to Article 2 is reserved.

1. In polling stations where voting was already possible on the previous day, the same ballot boxes may be used on the election or voting day.

2. In the meantime, the ballot boxes shall be sealed or secured and kept safely. They may only be made available immediately before the commencement of voting.

3. The election committee shall not obtain any knowledge of the contents of the ballot boxes.

1. The Voting Certificate must contain at least the following information

a) Name, first name(s), gender, year of birth, address of the eligible voter,

b) Information on which elections or votes the respective eligible voter may participate in,

c) Date of the election or vote.

2. The voting certificates of Swiss citizens abroad do not contain details of the year of birth.

3. Eligible voters who are registered in the electoral register and have not received a voting certificate or have lost it may request a duplicate from the office managing the electoral register. The request must be made no later than the last working day before the election day by the close of business.

4. The duplicate of the voting certificate may only be issued to the eligible voter upon presentation of a passport or identity card and against receipt. It must be marked as "Duplicate."

5. The provision of paragraph 3 applies mutatis mutandis to the replacement of reply envelopes.

1. The canton provides the municipalities with the paper as well as a template for the production of voting right certificates. The municipalities print the voting right certificates.

2. The municipalities may produce the voting right certificates at their own expense.

3. The documents according to Article 45 letters b to e PRG are provided by the canton, the reply and voting envelope according to Article 45 letter f PRG are provided by the municipalities.

The government office responsible for the electoral district shall, following the instructions of the State Chancellery, have ballots printed for all lists. The list representatives may produce additional copies of the ballots with pre-printing at their own expense.

The list representatives must be given the opportunity to review the proof print for at least one day and provide comments to the government office responsible for the electoral district.

Additionally, ballots without pre-printing and a brief voting instruction shall be prepared.

1. In votes, electronically readable ballots contain a box labeled "Yes" and a box labeled "No" for each voting question, which can be checked or filled in.

2. Electronically readable election ballots contain a box next to each name and, in proportional representation elections, also next to the list designation, which can be checked or filled in.

1. The joint mailing is carried out for all parties under the same conditions. The responsible district governor shall set the terms for participation in the distribution of promotional material and shall publish them in the official gazette no later than five weeks before the deadline for the submission of election proposals.

2. Parties or groups that have submitted an election proposal are considered registered for the joint mailing. If they wish to opt-out of participation in one or more electoral districts, timely deregistration with the responsible district governor's office is required.

3. Participants will be excluded from the joint mailing by the responsible district governor if

a) they deliver the promotional material late or at the wrong location,

b) the promotional material does not comply with official requirements, or

c) the promotional material contains commercial advertisements or signature sheets.

1. Municipalities may restrict the mailing of promotional materials to eligible voters residing abroad to those individuals who have requested the materials in writing.

2. Municipalities that wish to restrict delivery shall timely provide Swiss nationals residing abroad with an appropriate order card.

No propaganda shall be conducted in the voting rooms. In particular, no calls or voting and voting recommendations may be distributed, posted, or laid out.

1. The municipality shall provide the necessary facilities to ensure the confidentiality of the voting process in the voting area.

The municipality provides the polling station. This must not be located in a hospitality establishment.

1. The municipality is responsible for setting up the polling stations. It is essential to provide two ballot boxes: one designated for the collection of voter identification cards and the other for the collection of election or voting ballots.

2. It ensures that the election or voting ballots, the necessary copies of election and voting regulations, as well as the protocol forms, are available to the voting committee in the polling stations.

If multiple elections or votes take place simultaneously, a separate ballot box may be provided for each election or voting process. The ballot boxes must be clearly labeled for each election or voting process.

1. If multiple voting rooms are available, the municipal council may set an earlier deadline for the submission of votes in auxiliary rooms compared to the main rooms.

1. In the case of early voting in a voting room (Art. 52 para. 1 let. a PRG), the ballot box service is conducted by two members of the election committee.

2. In the case of early voting at a municipal office (Art. 52 para. 1 let. b PRG), the ballot box service is carried out by either two election committee members or two municipal employees appointed in accordance with Article 37a paragraph 1 PRG.

1. Precision scales and counting machines are approved for mechanical counting.

2. Immediately before the counting, a reference value must be determined based on a known number of voting or ballot papers (100 of each type or a multiple thereof).

3. The reference value is periodically checked and verified after the completion of the counting.

1. In the election of the Grand Council, the population figures that are relevant for the allocation of seats to the electoral districts correspond to the latest available data from the Federal Statistical Office regarding the permanent resident population at their main residence.

1. For the determination of the percentage of the French-speaking population in the bilingual electoral district of Biel-Seeland according to Article 64, Paragraph 3 PRG

a. data on the main language from the structural survey of the Federal Statistical Office shall be used,

b. the number of French speakers is divided by the number of French and German speakers and multiplied by one hundred,

c. the number of individuals who indicate both French and German as their main language shall be equally apportioned to the French speakers and the German speakers.

1. French-speaking Candidates in the Bilingual Electoral District of Biel-Seeland

a) Candidates who, upon submission of the electoral proposal, provide written confirmation that they belong to the French-speaking minority as defined by Article 73, paragraph 3 of the Cantonal Constitution, and

b) whose belonging to the French-speaking minority is confirmed in writing by the representation of the electoral proposal upon submission of the electoral proposal.

1. The representative of the signatories may, in particular, amend designations in the electoral proposal or list designations that could lead to confusion (Art. 72 PRG).

**1. For the election of the Grand Council and the Bernese Jura Council, the sequence of list numbers is determined by the order in which the election proposals are received by the office of the government commissioner responsible for the electoral district (Art. 79 PRG).**

2. The lists of the same political grouping are to be numbered consecutively.

3. Election proposals submitted prematurely are considered received on the first day.

4. In the case of election proposals received on the same day, the order number is determined by a draw. The draw is conducted by the government commissioner responsible for the electoral district. Representatives of the election proposals may attend the draw.

5. Lists of political groupings participating in both the election of the Grand Council and the Bernese Jura Council carry the same order number if they bear the same designation for both elections. The order number for the Grand Council election is decisive.

6. Lists that only participate in the election of the Bernese Jura Council are numbered according to paragraphs 1 to 4. The numbering of these lists begins with the number following the order number of the last list for the Grand Council election.

1. The Name List as per Article 104 PRG contains the following information for each person

a. Last name and first name,

b. Year of birth,

c. Place of residence,

d. If applicable, the notation "previously",

e. The party or group proposing the person for election.

The Professional Title on the Ballot Paper According to Article 59 PRG

The professional title on the ballot paper according to Article 59 PRG is based on the profession indicated on the nomination paper (Art. 66 Para. 4 PRG). The State Chancellery makes the final determination of the professional title on the ballot paper.

1. The deadlines specified in Article 68, Article 69, Article 74 paragraph 1, Article 75, Article 79 paragraph 2, Article 98, Article 101 paragraph 1, Article 110 paragraph 1, Article 111 paragraph 1, Article 117, and Article 121 of the PRG are only met if the original written submission arrives at the competent authority by 12:00 p.m. on the last day of the deadline. The remaining deadlines are governed by the VRPG.

1. The use of signature cards for initiatives and referendums is permissible.

1. The authority maintaining the electoral register verifies the legal requirements (Art. 128 and 129 PRG).

2. It certifies the voting eligibility of the signatories who have not been struck off, dates and signs the certificate, and affixes its official seal or indicates its official status.

3. The certificate can be issued collectively for multiple signature sheets.

1. The complete certification issued by the authority maintaining the electoral register must include

a) the title of the popular initiative,

b) the number of valid signatures,

c) place and date,

d) the official capacity of the certifying person (by stamp or annotation),

e) the handwritten signature of the certifying person.

2. The complete certification is to be attached to the corresponding lists of signatures.

The certified signature sheets are to be submitted to the State Chancellery by the respective initiative committee or the respective representation of the referendum request, collectively and organized by administrative districts and municipalities.

1. The publication of laws and other resolutions subject to a referendum is governed by Article 124 of the PRG.

2. The publication includes a notice,

a) that eligible voters can obtain the decrees from the State Chancellery or request free delivery,

b) that a referendum can be initiated and which provisions and deadlines are decisive for it.

1. For the introduction of the reply envelope pursuant to Article 3, Paragraph 1, municipalities are granted a transition period until December 31, 2015.

1. The following decrees are amended

1. Ordinance of 10 December 1980 on the Electoral Register[[9]](#enumeration_itemtext_content_fn_3239914_2_9_c)

2. Ordinance of 27 October 2010 on Electronic Voting for Swiss Citizens Abroad (EVSAO)[[10]](#enumeration_itemtext_content_fn_3239915_2_10_c)

1. The Regulation of December 10, 1980, on Political Rights (VPR) (BSG 141.112) is repealed.

1. This Regulation shall enter into force as follows

a) Article 63 shall enter into force on November 1, 2013.

b) The remaining Articles shall enter into force on January 1, 2014.