Legislator · Canton of Fribourg — Cantonal Legislation
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115.11 PRRREDP CH-FR

Regulations on the Exercise of Political Rights (REDP) - Management (Art. 2a para. 2 and Art. 4 PRG) (PRR)

41 Articles / Provisions · Canton of Fribourg — Cantonal Legislation
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Table of Provisions (41)

Art. 1 PRR Art. 2 PRR Art. 2a PRR - Doubts Regarding the Voting and Election Rights of a Foreign Person (Art. 2a Para. 2 PRG) Art. 3 PRR - Closure (Art. 4 PRG) Art. 4 PRR Art. 5 PRR – Appointment and Organization (Art. 7 PRG) Art. 6 PRR Art. 7 PRR - Division of Responsibilities and Supervision of Elections (Art. 10 and 11 PRG) Art. 8 PRR Art. 9 PRR Art. 10 PRR - Voting Materials (Art. 12 PRG) Art. 11 PRR - Delivery of Voting Material (Art. 12 PRG) Art. 12 PRR Art. 13 PRR - Registration and Control Register Art. 14 PRR - Early Voting (Art. 18 and 22 PRG) Art. 15 PRR Art. 16 PRR - Counting (Art. 21 and 22 PRG) - Multiple Polling Stations Art. 16a PRR Art. 17 PRR - Invalid Ballots and Candidate Lists, Rejected Reply Envelopes Art. 18 PRR Art. 19 PRR - Retention and Destruction of Records (Art. 30 PRG) Art. 20 PRR - Exclusive Use of a List Designation (Art. 36 Para. 1 and 3 PRG) Art. 20a PRR - Acknowledgment of Receipt for Candidate Lists (Art. 43 and 64 PRG) Art. 21 PRR Art. 22 PRR - Order Number and Publication of Official Lists (Art. 58 PRG) Art. 23 PRR Art. 24 PRR - Election of the Municipal Council According to the Proportional Representation System (Art. 62 PRG) Art. 24a PRR Art. 24b PRR Art. 25 PRR - Consideration of Substitutes (Art. 77 PRG) Art. 26 PRR - Election in a Single Round Without Submission of Lists (Art. 81 and 82 PRG) Art. 27 PRR Art. 27a PRR Art. 28 PRR - Form of Communications Art. 29 PRR - Signatures of Those Unable to Write and the Blind (Art. 105 para. 2 and 18 PRG) Art. 30 PRR Art. 31 PRR - Certification of Signatures (Art. 109 PRG) Art. 32 PRR Art. 33 PRR - Repeal of Previous Laws Art. 34 PRR - Amendment of Existing Law Art. 35 PRR - Entry into Force and Publication

Statutory Text (41 Provisions)

**General Provisions - Voting Register**

1. The electoral register is maintained electronically. It is created based on the files contained in the population register in accordance with the legislation on population control.

2. The electoral register can also be kept as an alphabetically ordered card index. In this case, an individual card is created for each person exercising their political rights in the municipality.

**General Provisions - Voting Register**

1. The Voter Register contains the following information for each individual

a) Last name and first name;

b) Date of birth;

c) Place of origin and cantons, or, for individuals of foreign nationality, the home country;

d) Gender;

e) Address;

f) Date of submission of identification documents;

g) Specification of the levels (federal, cantonal, and/or municipal) at which the individual can exercise their political rights;

h) Language in which the voting materials are to be sent (Art. 12 Para. 3 PRG).

**General Provisions - Voting Register**

1. If there are doubts about the voting and election eligibility of a foreign person, the municipality determines the facts by first directly contacting the person.

2. If these initial clarifications do not dispel the doubts, the municipality may inquire with other affected municipalities or with the Office for Population and Migration.

**General Provisions - Voting Register**

1. The electoral register shall be closed at 12 noon on the fifth day before the ballot or the municipal assembly.

**General Provisions - Voting Register**

1. Political parties or voter groups may, through a representative who must provide proof of authorization to the registrar, inspect the electoral register of each municipality.

2. The municipal council shall ensure that when providing a copy of the electoral register, equal treatment is maintained, particularly with regard to the reimbursement of costs.

General Provisions - Municipal Election Office

1. Political parties or electoral groups can submit their proposals for the appointment of the election office and, if applicable, the designation of vote counters to the municipal council no later than six weeks before the voting day.

2. The municipal council appoints at least three persons as members of the election office.

3. The municipal clerk serves as the secretary of the election office; if the municipal clerk is unable to perform the duty, the election office designates its secretary.

4. The election office makes its decisions by a majority of votes cast; abstentions are not counted. In the event of a tie, the chairperson casts the deciding vote.

General Provisions - Municipal Election Office

1. The form for the record of voting procedures and the decisions of the election office includes the following sections

a) the polling station;

b) the composition of the office (name, first name, address, function in the office, presence time);

c) the opening hours of the poll;

d) the measures taken to secure the ballot boxes during interruptions of the polling process;

e) the type of ballot boxes used (dimensions, material, closure);

f) the voting procedures and decisions in chronological order.

1. General Provisions - Voting Process and Procedure Following the Vote

**1. The Directorate of Institutions and Agriculture and Forestry is responsible for tasks related to the legislation on the exercise of political rights.**

2. The State Chancellery is responsible for activities related to the conduct of polls and their counting, particularly for the preparation of convocation decisions, the publication of results, as well as the selection and implementation of computer software.

3. The District Official ensures the proper supervision of the orderly conduct of all polls.

4. The aforementioned authorities collaborate to ensure a smooth conduct of the polls.

1. General Provisions - Voting Process and Procedure Following the Vote

### 1. The State Chancellery provides the municipalities with the following for each election

a) the ballots;

b) the empty and printed voting lists or the template of the voting lists;

c) the voting envelopes;

d) the return envelopes, subject to charge.

2. The assumption of printing costs for the voting lists or their template, as well as their distribution, is regulated in Articles 38 and 40 PRG.

3. The provisions of Article 22c PRG regarding the production of ballots compatible with optical reading devices are reserved.

1. General Provisions - Voting Process and Procedure Following the Vote

1. The Voting Rights Certificate contains the following information

a) the notation "Voting Rights Certificate";

b) the name of the municipality;

c) the date of the vote or election;

d) details for early voting according to Article 14;

e) the opening hours of the polling stations; they can also be indicated on a separate sheet;

f) the name, first name, and address of the eligible voter and, if necessary, additional information to distinguish them from others;

g) in municipalities with multiple polling stations, the location where the eligible voter must vote;

h) indication of the levels (federal, cantonal, and/or municipal) on which the person can exercise their political rights.

2. Municipalities may affix the municipal coat of arms on the Voting Rights Certificate.

General Provisions – Voting and Procedure Following the Voting

1. The Voting Material Includes

a) For Cantonal Votes

1. A copy of the law or decree submitted to vote;

2. A voting envelope;

3. A blank ballot;

4. The explanations of the Council of State.

b) For Cantonal Elections

1. A voting envelope;

2. A blank voting list;

3. Printed voting lists, if applicable.

c) For Municipal Votes

1. The documents pertaining to the act submitted to vote;

2. A voting envelope;

3. A blank ballot.

d) For Municipal Elections

1. A voting envelope;

2. A blank voting list;

3. Printed voting lists, if applicable.

2. Anyone who has not received or has lost their voting authorization or voting materials may obtain them from the municipal office or during the voting process at the polling station.

1. General Provisions - Voting Process and Procedure Following the Vote

1. The voting and informational materials can be delivered by mail or by an employee of the municipality, based on a resolution of the municipal council.

2. In the case of Article 10, paragraph 2, the materials can also be obtained from the municipal clerk's office. The municipal council designates the person responsible for handing out the materials. Otherwise, the municipal clerk shall assume this task.

1. General Provisions - Voting Process and Procedure Following the Vote

1. The sealing of the ballot boxes must ensure the security and confidentiality of the vote.

2. The room in which the ballot boxes are stored during interruptions of the voting process must be locked. The key is to be kept by the chairperson of the electoral office.

General Provisions – Voting and Procedure Following the Voting

1. To prevent multiple voting, the name of the voting person shall be struck from the control register for the election.

2. The control register may be in paper or electronic form.

General Provisions – Voting and Procedure Following the Voting

1. For early voting by mail or submission at the municipality, the voting certificate must contain the following information

a) A notice stating that the person must personally sign the voting certificate;

b) A note indicating that, pursuant to Article 282 of the Swiss Criminal Code, a person may be subject to a prison sentence of up to three years or a fine for unauthorized participation in a vote, particularly for using a voting certificate not intended for them or forging a signature.

2. The reply envelopes must be registered immediately upon their arrival at the municipal office and placed in a separate, sealed ballot box. This box, along with a protocol indicating the number of early votes (received ballots), must be handed over to the president of the election office at the beginning of the count (Article 16a, Paragraph 2).

3. Reply envelopes that cannot be registered must be stored separately in a secure location and handed over to the president of the election office at the beginning of the count (Article 16a, Paragraph 2). The election office decides on the validity of the vote (Article 18, Paragraph 2 of the Election and Voting Regulations).

4. The reply envelopes can only be opened at the beginning of the count (Article 16a, Paragraph 2). The municipal stamp is then affixed to the voting material, and the voting envelope, containing the ballot paper or voting list, is placed in the ballot box.

General Provisions – Voting and Procedure Following the Voting

**1. Disabled Individuals May Vote at Home**

Disabled individuals may vote at home if they are unable to move or vote by mail, provided they are residing in the municipality on the day of the vote. The individual concerned or someone from their environment must submit a written request with an explanation or a medical certificate to the municipal council by 5 p.m. on the last Monday before the day of the vote.

**2. Individuals Injured or Sick After the Last Monday Before the Vote**

Individuals who became injured or sick after the last Monday before the voting day may vote at home if they are unable to move or vote by mail, provided they are residing in the municipality on the day of the vote. The individual concerned or someone from their environment must submit a written request with an explanation or a medical certificate to the municipal council by 5 p.m. on the last Thursday before the day of the vote.

**3. Possible Rejection of the Request**

The request may be rejected or not carried out if the applicant’s home is inaccessible due to weather conditions or poor condition of access routes.

**4. Procedure for Voting at Home**

a) The secretary and a member of the electoral office visit the applicant at home.

b) The applicant fills out their ballot or voting list in the presence of the delegation, places the sealed ballot envelope and the signed voting rights certificate in the reply envelope, and seals it.

c) The reply envelope is recorded in accordance with Article 18, Paragraph 5 PRG.

**5. In Case of Inability to Write**

If the person is unable to write, the procedure in accordance with Article 18, Paragraph 2bis PRG shall be applied by analogy.

**6. Secrecy Obligation**

The members of the delegation must maintain silence about the vote of the person voting at home.

General Provisions – Voting and Procedure Following the Voting

1. In municipalities with several polling stations, the municipal council designates a member of the election office to oversee the counting.

General Provisions – Voting and Procedure Following the Voting

1. The counting of the ballots or voting lists begins with the closing of the polls.

2. However, the counting of the submitted or postal ballots or voting lists in accordance with Article 22, paragraph 2 of the PRG may commence on the morning of the voting Sunday at 7:00 a.m. If necessary, the municipal council may decide to begin the counting up to a maximum of two hours earlier.

General Provisions – Voting and Procedure Following the Voting

1. If an envelope contains multiple identical ballots or lists, only one is considered valid; the others are declared invalid.

2. If a ballot or election list is submitted in an envelope not designated for it, it is invalid.

3. The response envelopes that are rejected in application of Article 18 paragraph 3 letter a, second sentence, PRG will not be opened. They are recorded in the protocol as rejected in accordance with Article 14 paragraph 2.

1. General Provisions - Voting Process and Procedure Following the Vote

1. Official forms for recording the results shall be prepared

a) by the State Chancellery for the cantonal results;

b) by the prefectures for the results of the elections to the Grand Council and the office of the prefect;

c) by the municipal election offices for the municipal results.

General Provisions – Voting and Procedure Following the Voting

1. A copy of the minutes concerning the actions of the election office during each ballot is kept in the municipal archive.

2. A copy of the minutes concerning the results of each ballot is kept in the archive of the State Chancellery or the municipality.

3. The records of votes and elections (envelopes, ballots, lists, summary tables, voting certificates, etc.) are kept by the municipality.

4. The records of federal and cantonal votes and elections, as well as the records of the general renewal elections of municipalities, are destroyed according to the instructions of the State Chancellery. The records of other municipal elections and votes are destroyed according to the instructions of the relevant district office.

5. Measures ordered by the State Council, particularly in the case of complaints, remain reserved.

6. Furthermore, the provisions of the legislation on archiving apply.

Elections

1. The State Chancellery informs the district offices about the declarations submitted in the context of the Grand Council elections for the exclusive use of the designation of voting lists.

Elections

1. Upon submission of a candidate list, the authority responsible for its receipt shall issue a confirmation of receipt.

Elections

1. The election lists printed and published by the authority, which are delivered to the eligible voters, contain the following information

a) the list number and the list designation;

b) the numbering of the candidates;

c) the surname;

d) the given name;

e) if applicable, other suitable details to identify the candidate and distinguish them from the other candidates.

2. The blank election lists contain, instead of the details on the printed election lists, empty fields.

Elections

1. The State Chancellery may issue directives regarding the allocation of order numbers to the recognized political parties or voter groups during federal and cantonal elections.

2. Only the official lists (final electoral lists) are made public. They are publicly posted or published in another suitable manner.

Elections

1. In the case of collective renewal elections for the Municipal Council and the General Council, the composition of the municipal authorities shall be published in the Official Gazette no later than 30 days after their swearing-in.

2. The publication shall include only the surname and first name of the members.

Elections

1. Upon submission of an application for the election of the municipal council under the proportional representation system, the municipal office issues a receipt confirmation.

2. The municipal office informs the district office about the application for proportional representation.

3. If the application for proportional representation and the list of signatories form a single document, this document may be publicly posted in its entirety.

Elections

1. In the expressions "the largest remainders" (Art. 63 para. 1 let. d and 75c para. 2 PRG) or "largest remainder" (Art. 75 para. 1 let. c and d PRG), "remainder" or "remainder number" is understood to mean the decimal number that follows the integer part of a number.

Elections

1. Individuals elected and declared elected pursuant to Article 76(1) PRG who refuse the election shall be deemed to have resigned.

2. They shall not be included in the list of substitutes.

Elections

1. If a person listed as a substitute in the directory waives a vacated seat, they retain their place on the results list.

2. The conduct of a supplementary election in accordance with Article 77, paragraph 2 of the PRG remains reserved.

Elections

1. The authority informs the eligible candidates who have received votes and notifies them of their position on the list of results.

2. The authority expressly asks the candidates who have received votes whether they accept the election and informs them that the absence of a timely response will be considered a renunciation of the election.

3. If many candidates have received votes, the authority may limit itself to only contacting those candidates who have received a significant number of votes. If not all vacant seats can be filled because not enough candidates accept the election, the subsequent candidates will be contacted.

4. In the case of a later vacancy, the list of results can no longer be used, as a supplementary election must be conducted.

Elections

1. After the first round of voting, the authority shall inform the individuals who have achieved an absolute majority in writing and explicitly ask them whether they accept the election. They shall be made aware that failure to respond in a timely manner will be considered a withdrawal from the election.

2. If a second round is required, the authority shall ask those individuals who were not elected in the first round in writing whether they will stand for the second round, and inform them that failure to respond in a timely manner will be considered a withdrawal.

3. The application for confirmation of candidacy for the second round must specify the number of available candidacies. Article 26 paragraph 3 applies accordingly.

4. In municipal elections, the district office must be informed of these actions.

Elections

1. Persons who are eligible for the second round of voting but withdraw their candidacy must inform the authority under Article 91, paragraph 1, letters a, b, or c of the PRG, at the same time as their declaration of withdrawal, whether the signatories of their list are considering a substitute candidacy.

Elections

1. Notifications pursuant to Articles 36(3), 37(1), 52b(4), 56(2), 57(1) and (2), 65a(1) and (2), 81(2), 91(1) and (2), 99(2) and (3), and 100(2) PRG shall be made in writing.

People's Rights

1. Whoever signs on behalf of a person who is unable to write or is blind during early voting or while collecting signatures for an initiative or referendum must personally fill out the ballot, voting list, or signature sheet.

2. The signing person signs at the location designated for the signature of the person who is unable to write or is blind, and provides their own name, first name, and exact address.

3. The authority may verify that the will of the person unable to write or the blind person has been accurately represented.

People's Rights

1. Signatures submitted in support of an initiative, a notice of a referendum request, or a referendum request must be verified against a copy of the electoral register created for this purpose, on which the names of the signatories are to be crossed out.

2. The copy of the electoral register is to be retained for six months after verification. Thereafter, it may be destroyed.

Volksrechte People's Rights

1. The annotations made by the person responsible for the electoral register must be precise and briefly justify the removal of invalid signatures.

People's Rights

1. The signatures and declarations required for the exercise of the right of initiative and referendum must be received by the competent authority no later than the last day of the statutory period, by 5 p.m.

Final Provisions

1. The following are repealed

a) the Implementing Regulation of 13 July 1976 on the Act of 18 February 1976 concerning the Exercise of Civil Rights (SGF 115.11);

b) the Regulation of 13 July 1976 on the Electoral Register (SGF 115.121).

Final Provisions

1. The Implementing Regulation of December 28, 1981, on the Municipalities Act (SGF 140.11) is amended as follows

...

Final Provisions

1. This regulation shall enter into force on the same date as the Act of April 6, 2001, on the Exercise of Political Rights.

2. It shall be published in the Official Gazette and included in the Official Collection of Laws.

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