Gesetz über die politischen Rechte (GPR) - Gegenstand (GPR)

1. Dieses Gesetz regelt

| | | | | | --- | --- | --- | --- | | a. | die Ausübung der politischen Rechte auf Kantons- und Gemeindeebene; | | |

| | | | | | --- | --- | --- | --- | | b. | den Vollzug der Bundesgesetzgebung über die politischen Rechte. | | |

the exercise of political rights at cantonal and municipal levels;

the enforcement of federal legislation on political rights.

Scope of Application

1 This Act applies to all elections and popular votes at the ballot box, at the

Landsgemeinde and at the municipal assembly, as well as to the exercise

of popular initiatives at cantonal and municipal levels.

2 For the exercise of political rights in ecclesiastical matters,

this Act applies insofar as it expressly provides for this or ecclesiastical

law refers to it.

3 For the exercise of federal political rights, the provisions

of this Act shall apply, insofar as federal law contains no

provisions.

1.2. Right to Vote and Elect

Conditions and Content

¹ The right to vote and be elected comprises the right to participate in popular votes and elections, to be elected, and the right to make use of popular initiatives.

1) GSIA/1/1

2) SR 161.1

3) SR 195.1

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2 The conditions and content of the right to vote and be elected in cantonal and communal matters are governed by the cantonal constitution and the municipal law.

3 The conditions and content of the right to vote and be elected in ecclesiastical matters are governed by the church constitutions.

4 The conditions and content of the right to vote and be elected in federal matters are governed by federal law.

5 The right to vote and be elected for Swiss citizens abroad is limited to federal matters and the election of the two Council of States members. *

Place of Exercise

1 The exercise of the right to vote and be elected takes place at the political domicile. This is located in the municipality where the eligible voter resides and is registered. Itinerant persons vote in their home municipality.

2 Anyone who deposits a different identification document instead of the certificate of origin only acquires political domicile if they prove that they are not entered in the electoral register at the place where the certificate of origin is deposited.

3 The federal legal provisions for Swiss citizens living abroad remain reserved.

Electoral Register

1. Eligible voters shall be entered into the electoral register maintained by the municipality at their political domicile. Entries and deletions shall be made ex officio.

2. Prior to an election or referendum, entries or deletions shall be made up to the fifth day preceding the polling day, provided it is established that the conditions for participation on the polling day are met.

3. The electoral register shall be open for inspection by eligible voters.

4. Parishes and special purpose associations may maintain their own electoral register or refer to the registers of the municipalities.

5. The Government Council shall regulate the maintenance of the electoral register for Swiss citizens abroad.

Stimmgeheimnis

1 Bei Wahlen und Abstimmungen an der Urne sowie bei geheimen Wahlen

und Abstimmungen an Gemeindeversammlungen gilt das Stimmgeheimnis

uneingeschränkt.

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2. Wahlen und Abstimmungen an der Urne

2.1. Gemeinsame Bestimmungen

---

**Secrecy of Voting**

1 For elections and ballots at the polls as well as for secret elections

and ballots at municipal assemblies, the secrecy of voting applies

without restriction.

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2. Elections and Ballots at the Polls

2.1. Common Provisions

Voting Day

1 Elections and popular votes take place on Sundays.

2 The Government Council determines the voting day in cantonal matters, and after consulting the municipalities, for the general elections of municipal executive bodies.

3 The Municipal Council determines the date for other elections and popular votes in municipal matters.

4 The date should, if possible, be determined to coincide with the date of elections and popular votes in federal matters.

5 The Government or Municipal Council shall publicly announce the time of the election or popular vote.

Cantonal Electoral Office

1 For elections and ballots in federal and cantonal matters, the State Chancellery acts as the Cantonal Electoral Office.

2 It is led by the Clerk of the Council.

Municipal Electoral Office

1 In every municipality, there shall be an electoral office consisting of at least four members. It shall be led by the municipal clerk.

2 The municipality elects the remaining members from among its eligible voters for a term of four years.

3 The municipal chancellery shall manage the secretariat.

4 The electoral office shall make the necessary arrangements for the preparation of elections and referendums, supervise the casting of votes, be responsible for securing the ballot boxes and postal votes, and ascertain the results. It may engage additional persons to ascertain the results.

Secrecy of Voting, Recusal, Exclusion of Relatives

1 The boards and members of the electoral offices, the secretariats, as well as the persons enlisted to determine the results, must observe the secrecy of voting.

2 They must recuse themselves if they have a direct personal interest in the outcome of an election or vote.

3 Parents and children, siblings, spouses, registered partners, grandparents and grandchildren, brothers-in-law and sisters-in-law, as well as parents-in-law and children-in-law, cannot belong to the same electoral office or the same secretariat, or be enlisted to determine the results.

Polling Stations

1 The Municipal Council determines a sufficient number of polling stations.

2 The Government Council may prescribe a minimum number of polling stations per municipality.

3 Polling stations are generally located in public buildings and must be set up in such a way that free, secret, secure, and easy voting is guaranteed.

4 Election propaganda and recommendations, the distribution of flyers, party slips, or lists of parties or other political groups, as well as the collection of signatures, are prohibited in the polling stations and in their immediate vicinity.

5 Persons who disrupt the election or ballot, control voters, or attempt to influence them, may be denied access to the polling station and removed by the electoral office.

Personal Voting

¹ Personal voting at the ballot box is possible on polling day for at least one hour. Polling stations close no later than 12:00 PM.

² Municipalities may allow personal voting at one or more polling stations on the preceding days.

³ Personal voting by depositing a sealed, separate envelope at a designated municipal administration office is permissible from the time the election and voting materials are delivered. This must take place during the administration's regular opening hours.

Postal Voting

1 Postal voting is permissible from the delivery of the election and voting materials.

2 The vote must reach the electoral office by the closing of the polls.

Delivery of Ballots, Electoral Assistance

1. Eligible voters who live in the same household may be represented when casting their vote at the polling station or when casting an early vote.

2. The delivery of ballots according to paragraph 1 is limited to two eligible voters. The representative must submit their own voting card.

3. Eligible voters who are unable to write or are unfamiliar with writing may have their ballot paper filled out by an eligible person of their choice according to their instructions and authorize them to perform the necessary actions for postal voting.

4. The electoral assistance according to paragraph 3 must be noted on the voting card and confirmed by the helper with a signature.

Electronic Voting

¹ The Landrat decides on the initial deployment of the electronic voting channel, and the Regierungsrat on subsequent deployments.

² They may restrict electronic voting in terms of time, place, subject matter, or person.

³ Only systems approved by the Federal Government may be used.

⁴ The verification of voting eligibility, the secrecy of the ballot, and the recording of all votes must be ensured, and abuses must be excluded according to the state of the art.

Vote Counting

¹ The counting of votes may only begin on the day of the election/referendum.

² Before the election/referendum day, the municipal chancellories may make the following preparations for counting

a. Opening of submitted mail-in ballots;

b. Verification of voter legitimation cards;

c. Separation of voter legitimation cards and ballot envelopes.

³ Properly submitted ballot envelopes must be kept unopened and secured until the start of counting.

⁴ For automated counting, only physical and electronic procedures approved by the Confederation may be used.

Invalid Ballot Papers and Voting Papers

¹ The municipal election office decides on the validity or invalidity of ballot papers and voting papers.

² A ballot paper or voting paper is invalid if it

a. is not official;

b. is not filled out by hand;

c. is submitted without a signed voting certificate;

d. contains defamatory statements or obvious markings;

e. is submitted in a manner not provided for by law;

f. does not clearly express the will of the voter;

g. contains the names of different persons in National Council elections.

³ Ballot papers and voting papers submitted by mail are also invalid if

a. the mailing contains multiple ballot paper or voting paper envelopes;

b. the ballot paper or voting paper envelope contains more than one ballot paper or voting paper for the same matter.

⁴ If there is a well-founded indication that a person has unlawfully filled out the ballot papers and voting papers of other persons (multiple filling), all others are invalid, with the exception of the ballot paper or voting paper actually belonging to the person concerned.

⁵ Ballot papers and voting papers submitted late are disregarded.

Blank Ballots and Ballot Papers

1 Valid ballot papers or ballots that do not contain an answer to the ballot question or a name are counted as blank ballot papers or ballots.

Empty, Superfluous, and Invalid Votes

1 If a valid ballot contains fewer names than there are persons to be elected,

the blank lines are counted as empty votes.

2 If a valid ballot contains more names than there are persons to be elected, the

superfluous names are struck out from bottom to top and from right to

left. They are disregarded and not counted.

3 If a valid ballot contains the name of an eligible person multiple times,

it is counted only once. The remaining mentions count as invalid votes.

4 If a valid ballot contains names of ineligible persons,

these are counted as invalid votes.

5 Special provisions for elections under the proportional representation system

remain reserved.

Values to be Determined

1 The following are to be determined

a. the number of eligible voters;

b. the number of voters participating;

c. the number of submitted ballots and voting papers;

d. the number of blank, invalid, and valid votes;

e. the number of blank, invalid, and valid ballots and

voting papers;

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f. the number of "yes" and "no" votes, as well as the result of any

tie-breaking question in substantive referendums;

g. the number of votes cast for each candidate in elections.

2 In elections, individual votes cast for persons may be aggregated.

Decisive Votes

1 Decisive for the determination of the result are the valid votes. These are the remaining votes after deduction of blank and invalid ballots or voting papers, as well as blank and invalid votes.

2 Special provisions for elections under the proportional representation system remain reserved.

Minutes, Reporting

1 The determined results must be recorded in the minutes by the municipal electoral office.

2 For elections and referendums concerning cantonal and federal matters, the signed minutes, together with the ballots and voting slips, must be forwarded to the State Chancellery.

3 For elections and referendums concerning cantonal and federal matters, the State Chancellery determines the cantonal result by aggregating the municipal results and records the overall result in the minutes.

4 The Government Council shall regulate the reporting of municipal results on election day for elections and referendums concerning cantonal and federal matters.

Publication of Results

1 Results may only be announced to the public after the counting has been completed and the results reported.

2 The electoral offices ensure appropriate public information.

3 The State Chancellery publishes the results of cantonal and federal elections and popular votes in the Official Gazette.

Recount

1 If there are concrete indications that question the reliable determination of the result of an election or a vote, a recount must be ordered

a. by the Government Council in elections and votes in federal and cantonal matters;

b. by the Municipal Council or the Government Council in elections and votes in municipal matters.

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Electronic Aids

¹ For the recording and evaluation of elections and referendums, the canton and the municipalities may use electronic data processing programs.

² For elections and referendums in cantonal and federal matters, the cantonal election office may mandate the use of an electronic data processing program by the municipalities.

Evaluation of Voting Behavior

1 While maintaining ballot secrecy, the voting and electoral behavior of the

population can be evaluated, and the results published.

2.2. Referendums

Voting Materials

1 Voting materials include the voting legitimation card, the ballots, a ballot envelope and a voting envelope, a pre-stamped return envelope, as well as the voting proposals with explanations, motions, and the views of the authorities.

2 A separate ballot must be used for each proposal.

Delivery of Voting Materials

¹ The municipalities shall ensure that the voting materials are delivered to each eligible voter no earlier than four and no later than three weeks before the polling day. Federal regulations for Swiss citizens abroad remain reserved.

² Unless personal delivery is requested, the municipalities may deliver the voting proposal with explanations and motions only once per household.

2.3. Elections

2.3.1. General Provisions

1. An der Urne durchzuführende kantonale Wahlen sind

| | | | | | --- | --- | --- | --- | | a. | die Wahl des Landrates (Art. 70 Kantonsverfassung); | | |

| | | | | | --- | --- | --- | --- | | b. | die Wahl des Regierungsrates (Art. 71 Kantonsverfassung); | | |

| | | | | | --- | --- | --- | --- | | c. | die Wahl der beiden Ständeräte (Art. 72 Kantonsverfassung). | | |

2. Mit Ausnahme der Wahl des Landrates finden die kantonalen Wahlen im Mehrheitswahlverfahren statt.

Municipal Elections

1 Municipal elections to be held at the ballot box are

a. the election of the municipal parliament (Art. 130 para. 4 Cantonal Constitution);

b. the election of the mayor (Art. 130 para. 5 Cantonal Constitution);

c. the election of the municipal council (Art. 130 para. 5 Cantonal Constitution);

d. other ballot elections provided for by the Municipal Act or the Municipal Statute (Art. 130 para. 3 Cantonal Constitution);

e. other ballot elections ordered by the municipal assembly (Art. 130 para. 3 Cantonal Constitution).

2 With the exception of the election of the municipal parliament, municipal elections are held under the majority voting system.

Election Materials

1 The election materials comprise the ballot paper, the voting slips, an envelope for voting and ballot slips, and a pre-franked return envelope.

Delivery of Voting Materials

1. In first ballots under the majority voting system and in elections under the proportional representation system, voting materials must be delivered to eligible voters no earlier than four and no later than three weeks before the polling day. In all other elections, they must be delivered no later than ten days before the polling day.

2. If, despite timely dispatch, the voting materials arrive too late for eligible voters abroad, or if the ballot papers arrive too late at the municipality, no legal claims can be derived therefrom.

Tie-breaking Vote

1 If several persons achieve the same number of votes for a single seat, the decision shall be made by lot.

2 The affected candidates have the right to be present at the drawing of lots.

3 Before the tie-breaking decision, the competent authority shall inquire about any declarations of waiver.

4 The lot shall be drawn manually.

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5 No drawing of lots shall take place if several persons are simultaneously elected to an authority to which they may not simultaneously belong due to their degree of kinship. In this case, the person with the higher number of votes shall be elected.

6 The Government Council shall regulate the procedure and determine the competent authorities responsible for drawing the lot.

2.3.2. Elections in the Majority Voting System

Announcement

1 First ballots must be announced by the government or municipal council no later than the twelfth Thursday before the voting day.

Registration of Candidacy

1 Interested persons may register their candidacy no later than the ninth day before election day

a. with the State Chancellery for cantonal elections based on the majority voting system;

b. with the Municipal Chancellery for municipal elections based on the majority voting system.

2 The Government Council shall determine the information required for the registration of a candidacy.

3 The State and Municipal Chancellery shall continuously publish the registered candidacies in an appropriate manner starting from the 48th day before election day.

First Ballot

1 The absolute majority is decisive for the election in the first ballot.

2 If more persons achieve the absolute majority than there are to be elected, those

with the most votes are elected.

3 If fewer persons achieve the absolute majority than there are to be elected, a

second ballot must be held.

4 Federal law provisions concerning the election of the National Council remain reserved.

Absolute Majority

1 If one seat is to be filled, the number of valid votes must be divided by two. The next higher whole number corresponds to the absolute majority.

2 If several seats are to be filled simultaneously, the number of valid votes must be divided by twice the number of members of the authority to be elected. The next higher whole number corresponds to the absolute majority.

Second Ballot | D/22/2

1 The second ballot must be held at the earliest two weeks after the first ballot.

2 The relative majority is decisive. The persons with the highest number of valid votes are elected.

Waiver

1 An elected person may decline the election within three days of the polling day.

2 To fill the vacant seat, an election will be held according to the rules of the second ballot.

Substitute Elections

1 If a member of an authority resigns, dies, or no longer meets the conditions

for eligibility, a substitute election must be held for the remainder of the current

term of office.

2 The first ballot must generally take place within six months.

3 A substitute election may be waived if the ordinary general election takes

place within six months.

2.3.3. Elections by Proportional Representation

Electoral Districts

1 For the district council elections, the following electoral districts exist

a. Municipality of Glarus Nord;

b. Municipality of Glarus;

c. Municipality of Glarus Süd.

2 The division of electoral districts for elections to municipal parliaments is determined by the relevant municipal ordinances.

Distribution of Seats among Electoral Districts

1 The number of persons residing in an electoral district is divided by the allocation divisor.

2 The result, rounded to the nearest whole number, indicates the number of seats to be allocated in the respective electoral district.

3 The decisive factor is the permanent resident population according to federal statistics at the end of the first calendar year following the last general election of the Landrat.

4 The Government Council or Municipal Council sets the allocation divisor in such a way that, using the procedure described in paragraphs 1 and 2, all seats are distributed.

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5 If several allocation divisors are possible, the smallest possible whole number shall be used.

6 The results of the distribution of seats shall be publicly announced.

Announcement

1 The elections must be announced by the Government Council or the Municipal Council no later than on the twelfth Thursday before the voting day.

Election Proposals

1 Election proposals must be submitted to the designated office following the announcement of the election, no later than the eighth Monday before the polling day.

2 The election proposal

a. must have a list designation distinguishable from other election proposals;

b. may not contain more persons than there are mandates allocated to the electoral district, whereby proposed candidates may be listed twice;

c. must contain the surname, first name, gender, date of birth, place of origin, profession, and residential address of the proposed candidates;

d. *

e. must designate a person responsible for the election proposal, including their deputy;

f. * must be confirmed by the proposed candidates with their handwritten signature or qualified electronic signature (Art. 4a Administrative Justice Act [VRG]⁴).

3 Per electoral district, each person may only be listed as a candidate on one election proposal.

4 *

5 The Government Council regulates the revision and supplementation of election proposals, as well as their public inspection.

1 Based on the electoral proposals, ballot papers in the form of lists are

created.

2 The lists are provided with numbers drawn by lot.

3 On the lists, the proposed candidates are listed with their surname, first name, profession,

and place of residence.

4 The Government Council regulates the publication of the lists and list combinations,

as well as the drawing of numbers by lot.

4) GS III G/1

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List Alliances

1 Two or more lists may be allied no later than the eighth Monday before

the polling day by consistent declarations of the signing

electors or their representatives (Art. 43 para. 2 lit. e). The declaration cannot be revoked.

2 Sub-list alliances are not permitted.

3 List alliances must be noted on the lists.

Delivery of Ballots

1 All ballots for the electoral district, as well as one blank ballot, must be delivered to the eligible voters.

Amendment of Lists

1 Whoever uses a pre-printed list may

a. strike names;

b. list the name of the same person twice (cumulate);

c. enter names from other pre-printed lists (panachage); and

d. strike the list designation and list number or replace them with an-

other.

2 Whoever uses the blank list may enter names from the pre-printed

lists and apply a list designation or list number. The same name may appear on the list a maximum of twice.

Number of List Votes

1 The number of list votes is composed of

a. the votes received by candidates on the same list (candidate votes);

b. the number of blank lines and lines freed by striking out names on lists with the same list designation or list number (additional votes).

2 If a valid list designation or list number is missing, or if the ballot paper contains more than one valid list designation or list number, the blank lines and lines freed by striking out names are considered blank votes (Art. 19 para. 1). They are not taken into account.

3 In case of a contradiction between a list designation and a list number, the list designation prevails.

4 If a ballot paper contains more names than there are mandates to be allocated, the superfluous names must be struck out in accordance with Article 19 paragraph 2.

5 Votes cast for non-candidates must be struck out.

6 Votes cast for candidates who are already listed twice on the ballot paper must be struck out.

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### Determination of Results

1 The municipal electoral office shall ascertain the candidate and additional votes, as well as the total votes cast for each list.

### 1 First Allocation of Seats

1 The number of list votes for each list shall be divided by the respective electoral district divisor and rounded to the nearest whole number.

2 The result corresponds to the number of seats for the list concerned.

3 The State Chancellery or the municipal election offices shall determine the electoral district divisors in such a way that, following the procedure according to paragraph 1, as many seats are allocated in each electoral district as have been assigned to it.

4 If several electoral district divisors are possible, the smallest possible whole number shall be used.

Further Distribution of Seats

1 If several lists have the same claim to a seat, the decision is made by lot.

Distribution for Connected Lists

1. Each group of connected lists is initially treated as a single list for the distribution of seats.

2. The seats are distributed among the individual lists within the group in accordance with Articles 50 and 51.

Elected Persons, Substitutes

1 From each list, according to the mandates achieved, those persons are elected who have received the most votes.

2 In case of a tie in the number of votes, the order on the list decides.

3 The persons not elected are substitutes.

Multiple-Elected Persons

1. If a person has been elected in multiple constituencies, they must declare within three days for which constituency they accept the election.

2. If no declaration is received within the deadline, the Cantonal Government (Regierungsrat) or the Municipal Council (Gemeinderat) shall determine the constituency by lot.

Supernumerary Mandates

1 If a list is allocated more mandates than it has persons, a supplementary

election will be held for the supernumerary mandates in accordance with Article 57.

Succession

¹ If an elected person resigns, dies, or no longer meets the conditions for eligibility, the person among the substitutes with the highest number of votes succeeds. If this person is unable or unwilling to assume the office, the person with the next highest number of votes takes their place.

² In the event of an equal number of votes, the order on the list shall be decisive.

³ If a person waives the right to succeed, such waiver shall apply for the entire term of office.

Supplementary Election

¹ If a seat cannot be filled by succession, a supplementary election shall take

place.

² If several seats are to be filled, the supplementary election shall be governed

by the provisions concerning proportional representation, otherwise by

those concerning the majority voting system.

3. Elections and Votes at the Landsgemeinde and the Municipal Assembly

3.1. General Provisions

### Convocation

¹ The convocation shall take place at the latest 14 days before the meeting by public announcement.

² In urgent cases, this period may be shortened to five days.

Voting Card

¹ The voting card is personal and non-transferable. It is valid only for the Landsgemeinde or communal assembly indicated thereon and serves as an admission ticket.

² It must be delivered to the eligible voters no later than ten days, and in urgent cases, no later than five days before the date of the event.

³ The voting card must be presented to the control bodies upon request when entering the Landsgemeinde or the communal assembly.

1. Das Landsgemeindememorial ist in seiner elektronischen Form rechtlich massgeblich. Es gilt durch seine Publikation im Internet als zugänglich gemacht.

2. Das Landsgemeindememorial ist in physischer Form in der Staatskanzlei einsehbar.

3. Die Stimmberechtigten erhalten mindestens einmal pro Haushalt das Landsgemeindememorial in physischer Form.

4. Der Regierungsrat kann vorsehen, dass auf die Zustellung des Landsgemeindememorials in physischer Form verzichtet werden kann. Der Landrat entscheidet darüber, ab wann das Landsgemeindememorial in physischer Form nur noch auf Verlangen zugestellt wird. Der Regierungsrat regelt die Einzelheiten.

5. In dringlichen Fällen kann bis spätestens fünf Tage vor der Landsgemeinde

| | | | | | --- | --- | --- | --- | | a. | eine Ergänzung des Landsgemeindememorials durch eine Publikation im Internet und einen entsprechenden Hinweis im Amtsblatt erfolgen; | | |

| | | | | | --- | --- | --- | --- | | b. | das Landsgemeindememorial als Ganzes im Internet publiziert werden. Sofern es die Umstände zulassen, wird es auch in physischer Form zugestellt. | | |

6. Auf Grundlage des Landsgemeindememorials können weitere Medien zugänglich gemacht werden.

Documents for the Municipal Assembly *

1 The documents for the Municipal Assembly contain: *

a.

b.

c.

d.

e.

*

the agenda;

the motions and explanations of the Municipal Council;

the motions of the eligible voters in accordance with Article 77 with state-

ments from the Municipal Council;

the annual accounts, the budget, and the report of the external audit body

or the business audit commission;

the financial plan.

1a The documents in their electronic form are legally authoritative.

They are deemed made accessible by their publication on the internet. *

1b The documents shall be published electronically on the internet and made publicly

available in physical form in the municipality no later than 21 days before the date of

the Municipal Assembly. *

1c Eligible voters shall receive at least once per household a summarised form of the

documents in physical form no later than 21 days before the date of the Municipal

Assembly. It shall be indicated therein that the documents according to paragraph 1

will be delivered to them free of charge in physical form upon request. *

2

*

3 In urgent cases, no later than five days before the Municipal Assembly: *

a.

*

additions to the documents may be made through a publication on the internet

and a corresponding notice in the official gazette;

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b. *

the documents as a whole may be published on the internet. If circumstances

permit, they shall also be delivered in physical form upon request.

4 Further media may be made accessible based on the documents for the Municipal

Assembly. *

* Measures for Voters with Disabilities

1 The State or Municipal Chancellery shall endeavour to ensure that voters with disabilities can exercise their right to vote at the Landsgemeinde or a municipal assembly.

2 The Government Council shall determine the deadline by which voters with disabilities or their representatives may assert their needs before the Landsgemeinde or a municipal assembly.

* **Facilitated Participation in the Landsgemeinde**

1 Public transport within the Canton (rail and bus lines including the Braunwaldbahn, 2nd class basis) for the journey to the Landsgemeinde and for the return journey therefrom is free of charge for eligible voters and children and adolescents up to 16 years of age.

2 The costs arising therefrom shall be borne by the Canton.

3 The Government Council may take further measures to facilitate participation and shall regulate the details.

Direction

1 The direction of negotiations arises from the cantonal constitution or the

municipal law.

2 The person directing the negotiations presides over the Landsgemeinde or

the municipal assembly. They ensure the lawful handling of business and

the orderly conduct of proceedings.

3 If a speaker deviates from the subject under discussion or becomes verbose,

the person is to be admonished and threatened with the withdrawal of the floor.

4 Speakers who, through their statements or other conduct, violate the respect of

the Landsgemeinde, the municipal assembly, or individual persons, are to be

called to order with a simultaneous threat of withdrawal of the floor.

5 After such a threat has been made, the person directing the negotiations may

withdraw the floor from the offending speaker.

6 Eligible voters, attendees, and guests may be removed after prior warning

if they disturb the peace and order. If peace and order cannot be restored, the

person directing the proceedings may dissolve the Landsgemeinde or municipal

assembly.

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Publicity, Auditors and Guests

1 The Landsgemeinde and the Municipal Assembly are public.

2 Persons not entitled to vote may only enter the Landsgemeinde ring if they are admitted as guests. Excluded from this are non-voting young people residing in the canton who are of school age or have outgrown the school age. They may stay immediately next to the speaker's stage.

3 Persons not entitled to vote are admitted as auditors and guests to the Municipal Assembly, insofar as spatial conditions permit and the deliberations and votes are not disturbed.

4 The Municipal Council decides on the exclusion of persons not entitled to vote from the Municipal Assembly for important reasons.

5 Persons not entitled to vote may not participate in deliberations, votes, and elections.

Media

1 Representatives of the media are admitted to the Landsgemeinde (cantonal assembly) and the Gemeindeversammlung (municipal assembly). For the Landsgemeinde, they must accredit themselves in advance.

2 The recording of the Landsgemeinde and the Gemeindeversammlung on image and sound carriers and their transmission by the media are permissible.

3 The assembly decides on the exclusion of the media or a recording and transmission ban from the Gemeindeversammlung for important reasons. It may limit the exclusion or ban to individual agenda items or voting procedures.

Minutes

1 The Landsgemeinde (open-air assembly) and the municipal assembly must be minuted.

2 The minutes shall record the person chairing the meeting, the motions and decisions, and the results of each vote or election, and shall contain at least a summary of the discussion.

3 Technical aids may be used for minuting. In particular, the proceedings may be recorded on image and sound carriers.

4

*

Determination of the Majority

1 Votes shall be taken by show of hands.

2 The person chairing the meeting shall determine the majority by estimation.

3 If no clear majorities emerge, the voting process must be repeated.

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4 For the determination of the majority at the municipal assembly, the

municipalities may use technical aids.

5 Otherwise, the determination of the majority shall be governed by the provisions

of the Cantonal Constitution or the Municipal Act, respectively.

**3.2. Votes**

Announcement of Motions

1 The person presiding over the negotiations decides on the admissibility of the motions.

2 After the discussion is concluded, they summarize the admissible motions and specify the order of voting.

Order of Votes

1 If no motion is made, the motion of the authority is deemed approved.

2 If a motion for non-consideration is made, a vote is taken on that first, and

thereafter on any motions for referral or postponement. Motions for non-consideration

at the Landsgemeinde are only permissible for motions concerning a total revision of the Cantonal Constitution

(Art. 65 para. 2 and Art. 140 para. 1 Cantonal Constitution).

3 If several mutually exclusive counter-motions or amendment motions are

made, they shall be pitted against each other until a single motion remains. This motion shall be put to a vote against the motion of the authority.

4 If two or more amendments are made to a proposal, a final vote shall be taken

on the revised proposal.

3.3. Elections

Election Proposals

1. Every eligible voter is entitled to propose candidates for elections at the Landsgemeinde and the Municipal Assembly, within the framework of the Cantonal Constitution and legislation.

2. Proposals can be made until the commencement of the election process.

Election Procedure

1 In renewal elections for authorities, the members standing for re-election

shall first be brought to election.

2 Unless an alternative motion is made, the election of the members

standing for re-election shall take place collectively in one ballot,

otherwise individually in the order of their length of service.

3 Subsequently, the by-election for the vacant seats shall take place.

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4 If three or more proposals are made for an election, in each ballot the

person who receives the fewest votes shall be eliminated from the election.

5 The regulation in paragraph 4 may be deviated from

a. if a proposed person obviously receives the majority of all votes

and the election has thus been concluded;

b. if exceptionally low vote counts permit more than one of the

proposed persons to be eliminated from the election simultaneously.

**4. Popular Initiatives**

**4.1. Memorial Request to the Landsgemeinde**

Right of Initiative

1 The conditions and content of the right to submit a memorial request to the Cantonal Assembly are governed by the Cantonal Constitution.

Submission

1 Memorial applications must be submitted in writing or electronically to the State Chancellery. *

2 The application must be sufficiently specific in content and provided with a meaningful title. The application must be substantiated and contain the information necessary for the examination of its realization regarding the applicant.

3 The title must neither be misleading nor violate personal rights, give no cause for confusion, and contain no commercial or personal advertising.

4 The application must be signed by the applicants themselves or provided with a qualified electronic signature (Art. 4a VRG). *

Coming into Existence

1 A memorial application has come into existence if it meets the formal requirements of Article 71, paragraphs 2–4.

2 The State Chancellery determines whether the memorial application has come into existence. If the application does not meet the legal requirements, it grants the applicants a period to rectify the deficiencies.

3 It informs the Government Council about the coming into existence.

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Unity of Matter and Form

1 The memorial application must preserve the unity of matter and form.

2 The unity of matter is preserved if there is a substantive connection between the individual parts of the memorial application.

3 The unity of form is preserved if the memorial application is submitted exclusively in the form of a general suggestion or a detailed draft.

Admissibility and Materiality Declaration

1 The Government Council shall submit the memorial application, together with its statement on legal admissibility, to the Cantonal Council within three months.

2 The Cantonal Council shall decide on the admissibility and materiality of the application. The decision shall be published in the Official Gazette.

3 If the Cantonal Council declares the application to be not material, it shall submit it to the Landsgemeinde no later than the one after next. If the Landsgemeinde subsequently declares the memorial application to be material, the Cantonal Council shall deliberate on its content upon the proposal of the Government Council and submit it to the Landsgemeinde for acceptance or rejection.

Significantly Declared Memorial Motion

1 If the Landrat declares the motion, in the form of a drafted proposal, to be

significant, it shall recommend its adoption or rejection at the latest by the second

next Landsgemeinde. It may counter the motion with a counter-proposal.

2 If the Landrat declares the motion, in the form of a general suggestion, to be

significant, it shall, within the same period, either submit a drafted proposal to the

Landsgemeinde or recommend its adoption or rejection.

3 If the Landsgemeinde approves a motion declared significant in the form of

a general suggestion, the Landrat shall, upon request of the Government Council,

draft a corresponding proposal.

Withdrawal

1 Memorial applications can be withdrawn.

2 Memorial applications in the form of general proposals can no longer be

withdrawn once they have been declared significant by the Cantonal Council.

3 If the Cantonal Council presents a counter-proposal to a memorial application in the form of a drafted bill, the Government Council sets the applicants a period of 30 days within which they can withdraw the application.

4 The declaration of withdrawal must be made in writing by the first signatory.

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4.2. Motion to the Municipal Assembly

Right to Submit Motions, Applicable Law

1 The conditions for and content of the right to submit a motion to the municipal

assembly are governed by the Cantonal Constitution and the Municipal Act.

2 To the extent that no provisions can be derived from section 4.2., the provisions

regarding memorial motions to the Landsgemeinde (section 4.1.) apply mutatis

mutandis to the exercise of the right to submit motions.

Filing, Formation, Declaration of Admissibility

1 Applications must be submitted to the respective municipal office, which

decides on their formation.

2 If the application has been formed, the municipal council decides on the legal

admissibility of the application within three months. The decision must be

published in the Official Gazette.

Decision-Making

1 If the Municipal Council declares a motion to be legally admissible, it shall submit

this motion to the Municipal Assembly for a vote within two years at the latest, together with its own motions and any counter-proposals.

2 If the Municipal Assembly approves a motion in the form of a general suggestion, the Municipal Council shall prepare and submit a proposal within two years at the latest.

3 The Municipal Assembly may extend the deadline by a maximum of one year.

Withdrawal

1 An application can be withdrawn up to the point of voting at the municipal assembly or no later than 30 days before a possible ballot vote.

4.3. Optional vote at municipal level

Referendum Right

1 The conditions for and content of the right to demand an optional vote on certain substantive matters at the communal assembly or at the ballot box are governed by the Communal Law and the Communal Regulations.

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Publication

1 Legislative decrees, resolutions, and agreements that are subject to an

optional vote must be published by the municipality in the Official Gazette.

2 With the publication, the end of the period within which a vote can be

demanded must be announced.

Signature List

1 The signature list must state the title of the subject on which a vote is

demanded.

2 Furthermore, the signature list must contain the name, first name, date of

birth, address, and signature of the signatories.

3 The provision applies mutatis mutandis to requests for the convening of the

municipal assembly.

Signature

1 The person entitled to vote must sign the signature list.

2 The further details necessary for establishing identity must be legible.

3 The same request may only be signed once by the same person.

Submission

1 The signature lists must be submitted to the municipal clerk's office before the expiry of the referendum period.

2 The lists may not be returned, inspected, or disclosed.

Determination of the Outcome and Validity

1 The municipal office ascertains the number of valid signatures.

2 The municipal council determines whether the referendum has been successfully convened.

3 It publishes its decision in the Official Gazette.

5. Petition

Form

1 Petitions must be submitted in writing or electronically, stating the date and place of residence or seat. *

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Procedure

1 If a petition is addressed to an authority that is not competent, it must be forwarded to the competent authority, with notification to the sender.

2 The competent authority shall examine the petition and respond to it within a reasonable period.

Nonsuit/Inadmissibility

1. Petitions shall not be admitted

a. insofar as they contain a request that has already been dealt with or is not made seriously;

b. if they contain an insult or have a criminal content, particularly in cases of defamation, threat, or blackmail;

c. insofar as they concern a matter that is appealable by legal remedy or has already been decided with final legal effect.

Prohibition of Sanctions, Confidentiality

1 The proper exercise of the right to petition may not entail any sanctions or other disadvantages.

2 The identity of the persons who have submitted the petition may only be disclosed if they have consented to the disclosure.

3 The prosecution of criminal offenses remains reserved.

5a. Promotion of Political Participation *

* **Pilot Projects**

1 The Government Council or Municipal Council may approve pilot projects to promote political participation.

2 Pilot projects shall be limited in duration and subject to evaluation.

3 The Government Council or Municipal Council may issue a temporary ordinance for the duration of an approved pilot project. It shall designate therein the authority responsible for the implementation of the pilot project and issue other necessary provisions.

4 If the purpose of the approved pilot project requires it, the Government Council or Municipal Council may deviate from the law. In such cases, an ordinance shall be issued.

* Funding

1 The Government Council or Municipal Council may finance approved pilot projects in full or in part within the scope of its authority.

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6. Legal Protection and Penal Provisions

Complaints Regarding Voting Rights, Elections, and Referendums

1 Legal protection against the violation of voting rights (voting rights complaint), against irregularities in referendums (referendum complaint), and against irregularities in the preparation and conduct of elections (election complaint) in cantonal and communal matters is governed by Articles 114–116 of the Administrative Justice Act5).

2 Legal protection against the violation of voting rights (voting rights complaint), against irregularities in referendums (referendum complaint), and against irregularities in the preparation and conduct of elections (election complaint) in federal matters is governed by the relevant provisions of the Federal Act on Political Rights.

3 Subject to Article 135a paragraph 2 of the Administrative Justice Act, the complaint procedures are free of charge.

Admissibility and Inadmissibility Ruling on a Memorial Motion

1 The decision of the Cantonal Council regarding the admissibility or inadmissibility of a

memorial motion may be challenged within 30 days of its announcement in the

Official Gazette by lodging an appeal with the Administrative Court.

2 The procedure shall be governed by the Administrative Justice Act.

Admissibility and Inadmissibility Ruling on a Motion to the Municipal Assembly

1 The decision of the Municipal Council concerning the admissibility or inadmissibility of a motion to the Municipal Assembly may be challenged by way of appeal to the Government Council within 30 days of its publication in the Official Gazette.

2 The decision of the Government Council may be challenged before the Administrative Court within 30 days. The right of appeal is also vested in the municipality.

3 Otherwise, the procedure is governed by the Administrative Justice Act.

### Suspensive Effect

1 Complaints only have suspensive effect if this is ordered by the complaints authority upon request or ex officio.

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Decision on Voting Rights

1 Any person who claims that they have been wrongly omitted from the electoral register may demand their registration by submitting a request for voting rights to the electoral registrar.

2 If the request is not granted, the electoral registrar shall inform the applicant in writing. The notification shall contain a summary reasoning and a reference that the applicant may request a decision on voting rights from the Municipal Council within three days.

3 If a decision on voting rights is requested, the Municipal Council shall decide on the request for voting rights in an expedited procedure, so that the eligible voter can, if possible, still participate in the election or vote.

Penal Provisions, Right to Report

1. A fine of up to 5,000 Swiss francs shall be imposed on anyone who

a. as a member of authorities, the electoral office, or as an appointed auxiliary person, intentionally or grossly negligently breaches their duties as prescribed by this Law and its implementing provisions;

b. intentionally disregards an instruction from the electoral office to leave or to stay away from the polling station (Art. 11);

c. intentionally disturbs peace and order at the Landsgemeinde or the municipal assembly.

2. The following are competent to impose a fine

a. the Municipal Council or the Government Council for popular votes and elections in cantonal matters;

b. the Municipal Council for popular votes and elections in municipal matters.

3. Members of authorities, cantonal and municipal employees, and appointed auxiliary persons entrusted with the preparation and conduct of elections and popular votes are entitled to report and file a complaint regarding criminal acts.

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