Act on Political Rights in the Canton of Graubünden (GPR) - Scope (GPR)
Table of Provisions (131)
Statutory Text (131 Provisions)
1. The law regulates
a) * the elections and votes in cantonal and regional matters;
b) the exercise of the right to referendum and initiative in cantonal matters;
c) * the exercise of the right to initiative in regional and municipal matters;
d) * the electronic voting in ballots concerning federal, cantonal, regional, and municipal matters;
e) * the registration procedure for majority elections at the ballot on cantonal, regional, and municipal levels.
1bis Special provisions concerning the proportional elections of the Grand Council in the law on the election of the Grand Council remain reserved.
2. The law is applicable to federal votes and National Council elections, as well as the exercise of the right to referendum and initiative in federal matters, insofar as federal law leaves the regulation of the procedure to the cantons.
3. In all other respects, the law applies mutatis mutandis to votes and elections in municipal matters, insofar as municipal law does not provide otherwise.
1. Cantonal elections refer to the elections for the governmental council and the council of states.
2. Regional elections involve the elections of the members of the Grand Council in the electoral districts in accordance with the law governing the election of the Grand Council, as well as the elections of the members of the regional courts.
3. ...
1. The Right to Vote and Election encompasses the right to participate in voting and elections, be elected, as well as sign referendums and initiatives.
2. The eligibility to vote and elect is determined by the Cantonal Constitution. This is subject to the provisions regarding the political rights of Swiss citizens abroad in accordance with paragraph 3.
3. Anyone authorized under the Federal Act on the Political Rights of Swiss Abroad to exercise political rights in federal matters in the Canton of Graubünden may also do so in cantonal matters. The prerequisites and procedure are governed by the Federal Act on the Political Rights of Swiss Abroad and this law.
1. **The Exercise of Voting Rights and Electoral Rights Occurs at the Political Domicile**
This is located in the municipality where the eligible voter resides and is registered. Nomads vote in their home municipality.
2. **Acquisition of Political Domicile with Alternative Documentation**
Anyone who deposits another form of identification (such as a home residence certificate or interim certificate, etc.) instead of the domicile certificate only acquires a political domicile if they prove that they are not registered in the electoral register at the place where the domicile certificate is located.
3. **Provisions Concerning the Political Rights of Swiss Citizens Abroad are Reserved**
The regulations regarding the political rights of Swiss citizens residing abroad remain unaffected.
1. Eligible voters must be entered into the voting register maintained by the municipality at their place of political residence. Entries and deletions shall be carried out ex officio.
2. Before an election or a vote, entries or deletions must be made by the fifth day preceding the election or voting day, provided it is established that the conditions for participation on the voting day are met.
3. The voting register is open for inspection by eligible voters.
1. In the case of ballot elections and referendums, as well as in secret elections and referendums, the secrecy of the ballot must be fully preserved; in all other cases, it must be maintained as far as possible.
1. Eligible Political Parties
Eligible political parties are defined as all associations participating in elections for the Grand Council, the Council of State, the National Council, or the Council of States.
1. The federal and cantonal elections and referendums, as well as the Grand Council and regional court elections, are conducted by municipality on the same day at the polls.
2. Elections and referendums on regional matters are conducted by municipality on the same day.
1. The municipal council appoints an election office consisting of at least two eligible voting members and designates its president and its secretary. It may also act as the election office itself.
2. The election office shall be assigned the necessary number of eligible persons to act as vote counters.
1. Every eligible voter is obligated to accept and perform the duties of a member, president, or secretary of the voting office, or of a vote counter, unless significant reasons such as illness, age, or absence from the locality prevent them from doing so.
2. Anyone who refuses to accept or perform the duties of the office without significant reason may be fined by the municipal council with an amount ranging from 50 to 400 Swiss Francs.
1. A candidate may neither be a member of the voting office nor act as a vote counter.
2. The same applies to relatives and in-laws in the direct line and to siblings of a candidate, as well as to persons who are connected to a candidate by marriage, registered partnership, or de facto cohabitation.
1. The voting office is responsible for supervising the voting process, determining the validity of ballots and votes, directing the counting of votes, ascertaining the election or voting result, and promptly transmitting it to the competent authority.
1. Subject to the preservation of voting secrecy, it is permissible to analyze and publish the voting behavior of the population.
1. The canton uses an electronic data processing (EDP) program for the recording and evaluation of elections and referendums. The government may require municipalities to use it. The costs are borne by the canton.
1. Elections and referendums are ordered
a) * by the government: the government and council of states elections including replacement elections, the regional court and grand council elections, as well as referendums on cantonal matters;
b) * by the administrative commission: the replacement elections in the regional court;
c) * by the regional committee: referendums on regional matters.
d) * ...
2. The ordering authority publicly announces the date of the election or referendum and issues the necessary instructions for their execution.
1. The renewal elections shall take place on the following dates
a) * the government and large council elections simultaneously, usually in May or June, for the government beginning on January 1 of the following year, and for the large council, for the term beginning on the first day of the August session;
b) * the regional court elections usually in the months of March, April, May, or June for the term beginning on January 1 of the following year;
c) * the Council of States elections simultaneously with the National Council elections and for the same term, usually on the second to last Sunday in October.
d) * ...
1. If a vacancy occurs before the expiration of the term of office, the competent authority shall order a by-election for the remainder of the term within two months.
2. A by-election for the remainder of the current term of office shall be omitted if it becomes due two months before the renewal election or later.
3. By-elections for the regional court may be waived.
4. Multiple by-elections can be conducted as a general election if they become due within two months.
1. A possible second round of voting must be conducted no later than nine weeks after the first round of voting.
1. If there are significant reasons, the government may decide on deviations from the aforementioned election dates in individual cases.
1. An application procedure applies to all cantonal and regional elections at the ballot box (ballot elections).
2. An application procedure applies to municipal elections at the ballot box, provided the municipality has introduced electronic voting for this purpose.
3. Only individuals who have been validly nominated are eligible for election.
**1. The Call for Submission of Election Proposals Must be Published:**
a) * for cantonal elections by the Cantonal Chancellery;
b) * ...
c) * for regional court elections by the administrative commissions of the regional courts;
d) * for municipal elections by the municipal chancellery offices.
**2. The Call Includes:**
a) The place and deadline for the submission of election proposals;
b) The date of a second round of elections;
c) The place and deadline for the submission of election proposals for a second round.
**3. The Publication of the Call Occurs:**
a) * for cantonal elections no later than on the fourteenth Monday before the election day in the Cantonal Official Gazette;
b) * for regional court elections no later than on the twentieth Monday before the election day in the Cantonal Official Gazette;
c) * for municipal elections no later than on the fourteenth Monday before the election day in the customary local manner.
1. The electoral proposal may contain no more names of eligible persons than there are seats to be allocated, and no name may appear more than once. Additional nominations for the same individuals are invalid.
2. The electoral proposal must specify the surname, first name, date of birth, and residential address of the nominated person.
3. Each nominated person must provide a signature on the electoral proposal to confirm their acceptance of the candidacy. If the confirmation is missing, the name will be removed.
1. Each electoral proposal must be signed by eligible voters with political residency in the electoral district
a) * For cantonal elections, by at least 20 eligible voters;
b) * For regional elections, by at least 10 eligible voters;
c) * For municipal elections, by at least 5 eligible voters.
2. An eligible voter may not sign more than one electoral proposal. Once the proposal has been submitted, the signature cannot be withdrawn.
3. The signatories must designate one person as the representative of the electoral proposal and another as their deputy. If they refrain from doing so, the first signatory shall be considered the representative, and the second signatory shall be considered the deputy.
1. Nomination Proposals Must Be Received
a) * For Cantonal Elections, no later than the ninth Monday before the election day at the State Chancellery;
b) * ...
c) * For Regional Court Elections, no later than the fourteenth Monday before the election day at the competent Administration Commission;
d) * For Municipal Elections, no later than the ninth Monday before the election day at the competent Municipal Chancellery.
2. Nomination proposals submitted after this deadline will not be considered.
1. The filing authority continuously reviews the submitted election proposals with regard to formal requirements, the eligibility of the candidates, and the validity of the signatures.
2. In the case of deficiencies, a short deadline is immediately set for the rectification to the representative of the election proposal.
3. If a deficiency is not rectified within the deadline, the election proposal is invalid. If the deficiency pertains only to a proposed person, only their name is deleted.
4. After the registration deadline, rectification of deficiencies is excluded.
5. The administrative commission of the competent regional court timely informs the higher court of the submitted election proposals and notifies the higher court of any proposals not admitted.
1. Withdrawals of election proposals must be received by the submission authority no later than the ninth Friday before the election day for cantonal and communal elections, and no later than the fourteenth Friday before the election day for regional court elections.
2. The proposed person must agree to the withdrawal in writing.
1. The submitting authority promptly publishes the names of the candidates after the withdrawal period has expired: for cantonal and regional elections in the Cantonal Gazette, and for municipal elections in the customary local manner.
2. ...
1. Election nominations must be submitted to the filing authority no later than the seventh day after the first round of voting. New candidacies are permissible.
2. Articles 19c to 19f and Article 19h apply mutatis mutandis to the further procedure.
1. In the event of a substitute election, the procedure shall be governed by Articles 19b to 19i. The submission authority determines the timing of the publication of the call for the submission of election proposals in accordance with Article 17, paragraph 1.
2. ...
1. In renewal and replacement elections for the members of the regional courts, a silent election is possible in the first and second rounds.
1. The procedure for renewal elections is governed by Articles 19b to 19i, and for replacement elections by Article 19j.
1. A silent election occurs when the number of validly proposed candidates corresponds to the number of seats to be filled, provided the High Court does not consider any candidates to be unsuitable. Otherwise, a public election round takes place.
2. The administrative commission of the competent regional court shall immediately decide on the occurrence of the silent election and publish the decision in the cantonal gazette and in the customary local manner.
1. Preparation and Delivery of Election and Voting Materials
a) The civil registry office is responsible for federal and cantonal elections and referendums;
b) The regional court is responsible for elections concerning the regional court;
c) The regional committee is responsible for the elections of the members of the Grand Council as well as for referendums on regional matters.
d) * ...
1. The Election and Voting Documents include
a) for federal elections (National Council elections), the ballot papers and the federal election brochure; for federal referendums, the voting slips, the referendum proposals, and the Federal Council's explanations;
b) for cantonal elections, the ballot papers; for cantonal referendums, the voting slips, the referendum proposals, and the Grand Council's explanations;
c) * for the regional court elections and the elections of the members of the Grand Council, the ballot papers; for referendums on regional matters, the voting slips, the referendum proposals, and the Regional Committee's explanations.
d) * ...
1. The voting explanations of the Grand Council contain a well-founded proposal. The reasoning must appropriately include the considerations of a significant minority of the Council. For initiatives and referendums, the essential views of the authorship must be taken into account.
1. The cantonal voting materials are provided in German, Romansh, and Italian and are distributed to the municipalities according to their linguistic affiliation. The eligible voters can declare to the municipal council in which language they wish to receive the voting materials.
1. The municipalities shall ensure that each eligible voter receives the voting materials (voting proposals, explanations, ballot papers, voting certificate, materials for postal voting) no earlier than four weeks and no later than three weeks prior to the voting day.
2. In elections, each eligible voter must be provided with the ballot papers, voting certificate, and materials for postal voting no earlier than four weeks and no later than ten days before the voting day.
1. Eligible voters may cast their votes personally at the ballot box by submitting their voting cards, vote early at a location designated by the municipality, or vote by mail. Voting by mail is permitted from the moment the voting materials are received.
2. Eligible voters who are permanently unable to perform the actions necessary to vote due to disability or for another reason may authorize an eligible person of their choice to do so on their behalf.
3. Electronic voting is governed by Articles 30a et seq.
1. Insofar as a ballot vote is provided for, the casting of votes shall be conducted in accordance with Article 25.
2. Otherwise, the voting takes place in the municipalities.
1. Where the ballot vote is provided for, the voting process is governed by Article 25.
1. The costs of returning mail-in ballots by A-Post within the country are borne by the canton.
1. The ballot paper for referendums contains the voting question and the space for answering.
2. The election ballot for cantonal and regional majoritarian elections contains
a) * with consecutive numbering, the names and first names of the candidates listed on the valid electoral proposals in alphabetical order, along with additional information about the candidates (year of birth, professional title, place of residence, and where applicable, affiliation to a party or group, as well as, for current officeholders, the notation "incumbent");
b) * a box next to each name for marking with a cross.
1. Official voting and election ballots must be used for casting a vote.
2. Voting and election ballots must be completed or modified personally and in handwriting. Article 25 paragraph 2 remains reserved.
3. On the ballots for cantonal and regional majoritarian elections, the names of the candidates printed in advance must be marked with a cross (x) in the designated field for the vote to be valid. If the name of a proposed person is both marked and crossed out, the vote will not be counted.
1. On the day of voting or election, the polls must be kept open for at least half an hour and must close no later than 12:00 PM.
2. Furthermore, the municipalities must allow eligible voters to cast their votes at the polls or at an official office in a sealed envelope during office hours on at least two of the last four days before the voting or election day.
1. At each set-up ballot box, two members of the electoral office or persons designated by them ensure proper voting.
2. The ballot boxes remain sealed outside of opening hours and may only be opened and emptied immediately before the start of the counting process.
1. The polling station may not be used simultaneously for other purposes. Similarly, access to the polling station must not be obstructed by other activities or events. In particular, the collection of signatures is prohibited.
1. The casting of votes may occur electronically if the technical and organizational conditions for a lawful execution are fulfilled.
2. The government may limit the exercise of electronic voting locally, temporally, and substantively.
3. The municipalities determine whether and to what extent they utilize the option to introduce electronic voting. The decision rests with the municipal council.
4. The canton may provide municipalities that introduce electronic voting with one-time contributions for necessary adjustments to their software.
1. For regional or municipal ballot processes, electronic voting is generally possible on the federal blank voting dates and on a maximum of two additional dates.
2. Regions with municipalities that have introduced electronic voting must enable electronic voting at regional ballots that coincide with federal, cantonal, or municipal ballots.
3. Municipalities that have introduced electronic voting only for supra-municipal ballots may not conduct their municipal ballots simultaneously with federal, cantonal, or regional ballots.
1. Eligible voters who wish to vote electronically must register for electronic voting.
2. Registration and deregistration are possible before each election.
3. Registered eligible voters will receive the voting and election materials exclusively electronically, provided that the technical and organizational requirements for paperless e-voting are met. During a transitional phase, they will receive a special voting certificate.
4. Registered eligible voters may use other forms of voting (by mail or at the polls) only in exceptional cases.
5. Further details are regulated by the government through ordinances.
1. Electronic Voting is Invalid if it
a) does not occur in the prescribed form and encryption;
b) does not arrive before the electronic ballot box closes;
c) cannot be decrypted and read;
d) has been conducted abusively.
1. The government ensures that during each election, the determination of results is verified by independent entities.
1. The counting of votes shall commence immediately after the closing of the polls. The ballots and voting slips that are in the ballot boxes or have been received by this time shall be considered.
2. The ballots and voting slips received before the day of the election may be counted starting from Friday. In exceptional cases, counting may begin earlier with the approval of the State Chancellery.
3. The use of mechanical or electronic devices for the automated recording and counting of ballots and voting slips is permitted if these methods are equally reliable. The government may order their use.
1. The following shall be determined
a) the number of eligible voters;
b) the number of voting participants (the number of ballots cast);
c) the number of blank, invalid, and valid ballots;
d) in referendums: the number of "yes" votes and "no" votes, as well as the result of any potential runoff question;
e) in elections: the number of votes received by each candidate.
1. Ballot papers are considered blank in cantonal and regional majority elections if they have not been marked at all.
2. Voting papers are considered blank if they do not contain an answer to the question submitted for voting. If a ballot paper comprises multiple questions, questions that remain unanswered are considered blank votes.
1. Ballots or voting slips are invalid if
a) they are not official;
b) they are filled out in a manner other than by hand;
c) they contain defamatory statements or obvious markings;
d) they are illegible or do not otherwise clearly indicate the voter's intention;
e) essential parts are missing;
f) they refer to "previous incumbents" or similar.
1bis. In cantonal and regional majority elections, ballots are also invalid if the number of names marked exceeds the number of persons to be elected.
2. In postal voting, ballots or voting slips are also invalid if
a) the voting card is not enclosed or not signed;
b) the delivery envelope has not been deposited in the mailbox designated by the municipality or arrives late;
c) the delivery envelope is not sealed;
d) there are more ballot envelopes than voting cards in the delivery envelope;
e) the delivery envelope or the ballot envelope for the same election or referendum contains multiple ballots or voting slips with different contents, but only one voting card. If they are identical, one of them is valid;
f) in the case of proxy voting for disabled persons (invalids), the postal vote is not cast by the authorized proxy.
**1. In municipal plurality elections without checkbox ballots, the regulations concerning the invalidity of votes, as outlined in Paragraphs 2 and 3, apply unless municipal law specifies otherwise.**
a) * ...
b) * ...
c) * ...
**2. A vote is invalid if it:**
a) * is cast for a non-eligible person;
b) * is for a person whose name is already on the same ballot (cumulative voting);
c) * leaves reasonable doubt as to whom it pertains.
**3. If a ballot contains more valid names than the number of persons to be elected, the excess votes are invalid. The names are crossed out from bottom to top and from right to left.**
1. The Electoral Office promptly reports the municipality results
a) * for federal and cantonal elections and referenda as well as for elections of the members of the Great Council to the State Chancellery;
b) * for regional court elections to the Regional Court;
c) * for referenda on regional matters to the Regional Committee.
d) * ...
2. The Electoral Office also prepares a protocol for each voting event with the information according to Article 32 and promptly transmits this as well as the ballot papers to the competent authorities.
3. ...
4. The Regional Courts report in writing the results of the regional court elections to the State Chancellery on the day after the election.
1. The State Chancellery determines the cantonal results for federal as well as cantonal elections and referenda by adding together the municipal results, and in elections of members of the Grand Council, the results of the individual electoral districts. It draws up a protocol thereof.
2. In elections for the Regional Court, the task falls to the Regional Court, and in referenda on regional matters, to the Regional Committee.
1. A voting proposal is adopted if the number of yes votes exceeds the number of no votes. Blank and invalid votes are disregarded.
2. If the constitution permits the adoption of two alternative proposals and both receive more yes votes than no votes, a decisive question resolves the matter.
1. A candidate is elected in the first round if they obtain an absolute majority. The total number of all valid votes for candidates is divided by double the number of available seats. The next higher whole number is the absolute majority.
2. If more candidates achieve the absolute majority than there are seats to be filled, those with the highest number of votes are considered elected.
1. In the event that an individual election does not yield a result or if fewer individuals are elected than there are seats to be filled in collective elections, a second, free voting round shall take place. Those candidates who have received the most votes (relative majority) are deemed elected.
1. If several persons receive the same number of votes, the decision regarding the election or the order of assumption of office will be made by drawing lots. The drawing of lots is conducted by
a) the government for cantonal elections;
b) the administrative commission for regional court elections.
c) * ...
d) * ...
2. As far as possible, the affected parties are involved in the drawing of lots. Otherwise, the competent authority determines the procedure.
1. The preliminary overall results of the cantonal elections and referendums, as well as those of the election of the members of the Grand Council, are to be immediately made public by the State Chancellery. The results of the elections for the Regional Courts are to be made public by the Regional Court, and those of the referendums on regional matters are to be made public by the Regional Committee.
1. If, in the case of a preliminary overall result of a majority vote or referendum, the difference in votes between the last elected person and the first non-elected person, or between the yes and no votes, is less than 0.3 percent of the valid ballots cast, a recount must be conducted ex officio.
2. Furthermore, in the case of cantonal elections and referendums, as well as elections of members of the Grand Council, the government shall order a recount; in the case of regional court elections, the administrative commission; and in the case of referendums on regional matters, the regional committee shall order a recount if there are specific indications of irregularities.
3. The recount can be conducted centrally, in the case of cantonal elections and referendums, as well as in the elections of the members of the Grand Council, by the State Chancellery; in the case of regional court elections and regional referendums, by the regional court or the regional committee, or, on the order of these bodies, in the municipalities.
1. Based on the records of the municipalities or any possible recounts, the consolidated overall results of the cantonal elections and referendums, as well as those of the election of the members of the Grand Council, including a reference to the right to appeal, shall be published by the State Chancellery in the Canton Official Gazette.
2. In the case of regional court elections and referendums on a regional level, the publication shall be carried out by the Regional Court or by the Regional Committee in the respective publication organ.
1. Upon the expiration of the appeal period or after the resolution of the appeal, the government shall definitively determine the outcome of the Council of States elections and cantonal referendums, and the Grand Council shall definitively determine the outcome of the elections for the members of the Grand Council as well as the government council elections.
1. Anyone who does not decline an election by written notification to the government or the administration commission within eight days of the official announcement of the result is considered to have accepted it.
2. Acceptance is regarded, in the case of incompatibility between two offices, as a resignation from the previous office which is incompatible with the new one.
3. If multiple individuals are elected simultaneously to an authority to which they may not belong at the same time, the election is valid for the person who was previously in office or who, in the event of a simultaneous new election, receives more votes. In a replacement election, the person already in office takes precedence over the newly elected individual.
1. The seat that becomes vacant due to the resignation of the elected person shall be filled in accordance with the provisions applicable to replacement elections.
1. The Grand Council may, by a majority of three-fourths of its members, remove a member of the Grand Council or the government from office before the expiration of their term if they
a) have seriously violated official duties intentionally or through gross negligence;
b) have permanently lost the ability to exercise their office; or
c) have been finally convicted of a crime.
1. The Grand Council shall initiate impeachment proceedings ex officio or upon notification if there is a reasonable initial suspicion of the existence of grounds for impeachment.
2. The affected member is to be heard beforehand. Further clarifications shall be carried out to the extent that they are essential for making the initiation decision.
1. The Great Council may decide on a suspension from office with a three-quarters majority of its members if the existence of grounds for impeachment has been substantiated and the proper functioning of the affected authority is at risk.
2. This measure may be combined with a salary reduction of up to half the wage if a return to office can be ruled out with predominant probability and the affected person is permitted to engage in gainful employment.
1. The Grand Council concludes the impeachment process by ordering a removal from office or terminating the impeachment procedure.
2. If the quorum for impeachment is not reached, the impeachment procedure is considered terminated.
1. The commission of the Grand Council responsible for justice conducts the impeachment proceedings as the instructing authority until the final decision.
2. The commission of the Grand Council responsible for justice issues the necessary provisional and procedural orders for the duration of the impeachment proceedings, unless the Grand Council is competent. It may request the suspension of office from the Grand Council.
3. Once the necessary evidence has been collected, the commission of the Grand Council responsible for justice reports and submits a request to the Grand Council at the next session
a) for the initiation or non-initiation of impeachment proceedings, provided such a request is not obviously unfounded;
b) for the ordering of an impeachment or the termination of the impeachment proceedings.
1. Members of the Grand Council and the Government can be required to undergo an examination by a trusted medical officer.
2. If the commission responsible for judicial affairs of the Grand Council submits proposals to the Grand Council, the factions may hear the affected person and other members of the affected authority.
3. Impeachment proceedings are free of charge. Costs may be imposed in cases of frivolousness.
4. Decisions of the Grand Council, as well as provisional and procedural decisions of the commission responsible for judicial affairs of the Grand Council that result in a disadvantage likely irreversible later, can be appealed to the Supreme Court.
5. Otherwise, the provisions of the Administrative Procedure Act apply mutatis mutandis to the impeachment proceedings.
1. The initiative comes into being by collecting individual signatures on signature lists.
2. Each signature list must contain the following information
a) the name of the municipality in which the signatories of the list are eligible to vote;
b) the title and wording of the initiative request;
c) the date of publication in the Cantonal Gazette;
d) an unconditional withdrawal clause;
e) the names and addresses of at least seven eligible initiators of the initiative (initiative committee);
f) a notice that it is a criminal offense to participate in an initiative request unauthorizedly or to falsify the result of a signature collection for a popular initiative (Art. 282 of the Penal Code), or to bribe or be bribed during the signature collection (Art. 281 of the Penal Code);
g) the certification formula confirming the eligibility to vote of the signatories.
3. The title of the initiative must not be misleading, defamatory, or excessively long, must not contain commercial or personal advertising, and must not give rise to confusion.
1. Before the commencement of the signature collection, the initiative committee submits the signature list to the cantonal office for formal preliminary examination.
2. After consulting the initiative committee, the cantonal office orders the necessary amendments if the title of the initiative or the form of the signature list does not comply with legal requirements.
1. The corrected signature list must be deposited with the civil registry office before the commencement of the signature collection.
2. The civil registry office publishes the title, text, and names of the authorship of the initiative in the cantonal official gazette.
1. The eligible voter must write their name legibly and by hand on the signature list and also add their own handwritten signature.
2. Eligible voters who are unable to write may have their name entered by an eligible voter of their choice. This person will sign their own name next to the name of the individual unable to write and will keep the instructions received confidential.
3. The eligible voter must provide all additional information necessary to establish their identity, such as first name, date of birth, and address.
4. They may only sign the same initiative once.
1. The signature lists must be submitted in due time before the expiration of the collection period to the voting registry official of the municipality in which the signatories are entitled to vote.
2. The voting registry official certifies that the signatories are entitled to vote on cantonal matters in the municipality named on the signature list and promptly returns the lists to the senders. Names of initiators who are not entitled to vote in the municipality will be deleted by the voting registry official beforehand.
3. The certification must indicate, in words or numbers, the number of signatures certified, be dated, bear the handwritten signature of the voting registry official, and be marked with the official seal.
4. The voting rights certification is issued when the signatory is registered in the voting register on the day the signature list is submitted for certification. Certification can be carried out collectively for several lists.
5. Certifications issued before the publication of the initiative in the Cantonal Gazette are invalid.
1. The voting certificate shall be denied if the conditions specified in Articles 57 and 58, paragraphs 1 and 4, are not met.
2. If eligible voters have signed multiple times, only one signature shall be certified.
3. The reason for refusal must be indicated on the signature list.
1. The signature lists must be submitted to the Office of Civil Status in their entirety and no later than one year after the publication of the initiative text in the Cantonal Gazette. The collection of signatures is concluded upon submission.
2. Submitted signature lists will not be returned and cannot be inspected.
1. The Office of Civil Status examines whether the signature lists correspond to the deposited ones, were submitted on time, and comply with the formal requirements.
2. It determines the total number of valid signatures.
3. Signatures on lists that do not meet the requirements of Article 54, Article 58 paragraph 1, or Article 60, as well as signatures from individuals whose voting rights are not valid, are invalid, or have been certified in error, are considered invalid.
4. The Office of Civil Status reports the examination results to the government and submits an application regarding the validation of the initiative.
5. The government decides whether the initiative has come to fruition. The decision is to be published in the official journal of the canton.
1. Any initiative may be withdrawn by the initiative committee. The withdrawal declaration is binding if it is signed by the absolute majority of the voting members of the initiative committee.
2. The withdrawal is permissible until the popular vote is scheduled. For an initiative in the form of a general suggestion that the Grand Council agrees to, the withdrawal is permissible until the approval decision.
3. The withdrawal is to be communicated to the Office of the Cantonal Chancellery for the attention of the Grand Council.
1. Municipal initiatives are, unless the municipal law provides otherwise, adopted by concurrent resolutions of the municipal councils. These resolutions are not subject to a referendum.
2. The resolutions must include the following information
a) the title and wording of the initiative;
b) an unconditional withdrawal clause;
c) the designation of the lead municipality.
3. The title of the initiative must not be misleading, defamatory, or excessively long, must not contain commercial or personal advertising, and must not give rise to any confusion.
1. The leading municipality submits the title of the initiative to the civil registry office for formal preliminary examination.
2. After consulting the leading municipality, the civil registry office orders the necessary amendments if the title of the initiative does not meet the legal requirements.
1. Before the commencement of the decision-making process by the municipal boards, the leading municipality shall deposit the final title and text of the initiative with the State Chancellery.
2. The title and text of the initiative, as well as the name of the leading municipality, shall be published by the State Chancellery in the Cantonal Gazette.
3. Municipal decisions made prior to the publication of the initiative are invalid.
1. The leading municipality must submit the initiative, the municipal resolutions, and the corresponding excerpts from the minutes in full to the State Chancellery no later than one year after the publication of the initiative text in the Cantonal Gazette.
2. The State Chancellery examines whether the initiative was submitted on time and whether the formal requirements have been met.
3. It reports the examination results to the government and submits a motion regarding the realization of the initiative.
4. The government determines whether the initiative has been realized and publishes its decision in the Cantonal Gazette.
1. Any municipal initiative may be withdrawn.
2. The withdrawal of a municipal initiative is considered decided when it is withdrawn by so many municipalities that the required quorum of Article 12, paragraph 1 or 2 of the Cantonal Constitution is no longer met.
3. Article 62, paragraphs 2 and 3 shall apply mutatis mutandis.
1. Initiatives that have come into being are submitted by the government, with its message, to the Grand Council within one year from the submission.
1. If the Grand Council approves a formulated initiative without a counterproposal, the initiative is considered its own decision, subject to referendum.
2. If the Grand Council approves the initiative and decides on a counterproposal, a public vote takes place. The explanations will state that the Grand Council prefers the counterproposal.
3. If the Grand Council rejects the initiative with or without a counterproposal, a public vote takes place.
1. If the Grand Council rejects a generally stimulating initiative with or without a counter-proposal, a referendum is held.
2. If the Grand Council approves a generally stimulating initiative and adopts a counter-proposal, a referendum is held. The explanations will state that the Grand Council prefers the counter-proposal.
3. If the Grand Council approves a generally stimulating initiative without a counter-proposal, no referendum is held.
1. If the people or the Grand Council approve a generally stimulating initiative, the government shall submit a drafted proposal to the Grand Council within a year of the approval.
2. If the Grand Council approves the proposal without a counter-proposal, it shall be considered a decision of its own, subject to a referendum.
3. If the Grand Council approves the proposal and adopts a counter-proposal, a popular vote shall be held. The explanation shall state that the Grand Council prefers the counter-proposal.
4. If the Grand Council rejects the proposal with or without a counter-proposal, a popular vote shall be held.
1. If the Grand Council presents a counter-proposal to an initiative or a draft elaborated pursuant to a general suggestion, the voters shall be presented with the following questions on the same ballot paper
1. Do you want to accept the initiative/draft?
2. Do you want to accept the Grand Council's counter-proposal?
3. If both the initiative/draft and the counter-proposal are accepted: Should the initiative/draft or the counter-proposal come into force?
2. The absolute majority is determined separately for each question. Unanswered questions are disregarded.
3. If both the initiative/draft and the counter-proposal are accepted, the result of the third question shall decide. The proposal which receives more votes in this question shall come into force.
4. If the initiative/draft and the counter-proposal receive the same number of votes, the proposal is considered preferred which
a) has the greater difference in votes on the main question;
b) has fewer 'no' votes on the main question if the difference in votes is equal.
5. If both the difference in votes and the number of 'no' votes are equal, the lot drawn by the government shall decide.
1. The regions and municipalities shall ensure the right of initiative in accordance with the following provisions. They may expand it, particularly by reducing the required number of signatures and allowing the initiative in the form of a drafted proposal.
1. The provisions regarding the right of initiative in municipalities apply mutatis mutandis to the regions.
1. An initiative in the form of a general suggestion can
a) be submitted to the municipal board by at least one quarter of the eligible voters, or
b) be declared significant by the municipal assembly upon the motion of an eligible voter.
2. The municipal board must present a detailed proposal, a report, and if applicable, a counter-proposal on a matter falling within its jurisdiction to the next regular municipal assembly, at the latest within one year.
1. In municipalities without a municipal assembly, an initiative can be submitted to the municipal council by at least 15 percent of eligible voters.
2. If the initiative contains a general suggestion that falls under the jurisdiction of the people, the municipal council must submit it to a popular vote within one year of submission, along with a report and possibly a counterproposal. If the preliminary deliberation of the initiative first falls to the municipal council, the deadline is one and a half years.
3. If the municipal council or, if it is responsible for the preliminary deliberation, the municipal council agrees to the initiative, a popular vote is not required.
4. If the people or the municipal council, or the municipal council respectively, agree to an initiative, the municipal council shall draft a proposal based on this. This proposal must be submitted to the people for voting within one year, or within one and a half years if the preparation is the responsibility of a municipal council, along with a report and possibly a counterproposal.
1. Initiatives whose content is unlawful shall not be submitted to a referendum.
2. The municipal executive board or, if they are entitled to preliminary consultation, the municipal council shall inform the initiators of such a decision in writing, stating the reasons.
1. The laws and resolutions of the Grand Council that are subject to the optional referendum must be published in the Cantonal Gazette following the Grand Council session. The publication shall indicate the optional referendum as well as the deadline for the referendum.
1. Approval for the referendum is given by individual signature on signature lists.
2. The signature lists may only pertain to one law or resolution.
3. Each signature list must contain the following information
a) the name of the municipality in which the signing individuals are eligible to vote;
b) the designation of the law or resolution with the date of its adoption by the Grand Council;
c) the request for holding a popular vote on this law or resolution;
d) the notice that anyone who unlawfully participates in a referendum or falsifies the result of a signature collection for a referendum (Art. 282 of the Criminal Code) or anyone who engages in bribery or is bribed during the signature collection (Art. 281 of the Criminal Code) is liable to prosecution.
1. The provisions applicable to the popular initiative regarding the signature (Art. 57), the voting right certificates (Art. 58), and the refusal of certificates (Art. 59) apply mutatis mutandis to the popular referendum.
1. Signature lists must be submitted to the Office of Civil Status in their entirety within 90 days after the publication of the law or resolution in the cantonal gazette. The submission marks the completion of the signature collection.
2. Submitted signature lists will not be returned and cannot be inspected.
3. The withdrawal of a referendum is not permitted.
1. The Office of Vital Records verifies whether the signature lists have been submitted in due time and comply with the formal requirements.
2. It determines the total number of valid signatures.
3. Signatures on lists that do not meet the requirements of Article 58, paragraph 1 in conjunction with Article 80 or 81, as well as signatures from individuals whose voting rights are non-existent, invalid, or improperly certified, are considered invalid.
4. The Office of Vital Records reports the examination results to the government and submits a request regarding the initiation of the referendum.
5. The government decides on the initiation of the referendum.
1. If the referendum has been successfully initiated, the government shall order the popular vote and publish its decision in the cantonal official gazette.
1. If no referendum is taken, or if no valid referendum is initiated, the government declares the law or decision as having become legally binding. This decision must be published in the Cantonal Gazette.
1. The provision applicable to the popular referendum concerning the official publication of the laws and resolutions of the Grand Council (Art. 78) shall apply mutatis mutandis to the municipal referendum.
1. Municipal referendums pursuant to Article 17 of the Cantonal Constitution shall be decided by concurring resolutions of the municipal councils, unless the municipal law contains a differing provision.
2. The resolution of the municipal council must include the law or the resolution of the Great Council against which the referendum is being initiated, as well as the designation of the leading municipality.
1. The referendum, the municipal resolutions, and the corresponding minutes extracts must be submitted by the responsible municipality to the state chancery within 90 days following the official publication of the law or resolution of the Grand Council.
2. A referendum cannot be withdrawn.
1. Upon expiration of the referendum period, the Office of the Cantonal Secretariat shall examine whether the referendum was submitted in due time and whether the formal requirements are met.
2. It reports the examination results to the government and submits an application regarding the validity of the referendum.
3. The government decides whether the referendum has been validly constituted.
1. If the referendum has come about, the regulations applicable to the popular referendum concerning the ordering and conduct of the popular vote (Art. 83) shall apply mutatis mutandis.
1. If no referendum is initiated or if the referendum is invalid, the subsequent procedure shall follow the regulations applicable to the public referendum (Art. 84).
1. The official publication of urgent laws, the formal requirements of the referendum, as well as the submission, exclusion of withdrawal, and the establishment of the referendum are governed by the provisions applicable to the popular or municipal referendum (Art. 78 - Art. 90).
1. If the referendum on the law declared urgent comes about, the government shall order the popular vote. This decision must be published in the Cantonal Gazette.
2. If the urgent law is rejected by the people, it shall immediately cease to have effect.
3. An urgent law that is not approved in the popular vote cannot be renewed.
1. If no referendum is taken or if the referendum is invalid, the law declared urgent remains in force, and an official publication is made accordingly.
1. Petitions pursuant to Article 33 of the Federal Constitution must be submitted in writing.
2. If the submission is not improper in form and content, the authority addressed shall make a decision on whether and, if applicable, how it intends to comply with it. Otherwise, it merely acknowledges its receipt.
3. The persons who have submitted a petition shall be informed about the handling of the submission in an appropriate manner.
1. An appeal may be lodged with the government
a) for violations of voting rights under Articles 3 and 5, as well as Articles 58, 59, and 80 (voting rights appeal);
b) for irregularities in the preparation or conduct of cantonal votes and elections to the Council of States (voting and election appeal);
c) against the decision of the State Chancellery regarding the change of the title of an initiative and the form of the signature list.
2. An appeal may be lodged with the High Court for violations of voting rights and for irregularities in the preparation or conduct of the elections to the Grand Council.
3. An appeal may be lodged with the competent Grand Council Commission for violations of voting rights and for irregularities in the preparation or conduct of the elections to the Government Council.
4. An appeal can be lodged with the High Court against the voting explanations of the Grand Council. The procedure is governed by the Law on Administrative Jurisdiction, subject to Article 97.
1. Right to Vote Appeal, Election and Voting Complaint may be filed by any eligible voter of the respective electoral or voting district.
1. Complaints must be submitted within three days of the discovery of the grounds for complaint, but no later than the third day following the official announcement of the results of an election or vote, to the following authorities
a) * to the State Chancellery: Complaints according to Article 95 paragraph 1 and paragraph 3;
b) * to the Superior Court: Complaints according to Article 95 paragraph 2 and paragraph 4.
1. The complaint must contain a request and a brief statement of reasons.
2. The complaint must be signed by the complainant or their representative.
1. A complaint shall only have suspensive effect if it is ordered by the appellate instance either upon request or ex officio.
1. If the appellate authority finds irregularities based on an appeal or ex officio, it shall, whenever possible before the conclusion of the election or voting procedure, take the necessary measures to remedy them.
2. If there are irregularities that, by their nature or scope, were capable of significantly influencing the result, the appellate authority shall correct the outcome or annul the election or voting.
3. The appellate authority shall dismiss appeals without further examination if the alleged irregularities were neither by their nature nor by their scope capable of significantly influencing the outcome of the election or voting.
1. In proceedings concerning voting rights, election, and voting complaints, no procedural costs shall be imposed, nor shall party compensations be awarded. Excluded from the exemption from costs are frivolous and vexatious complaints.
2. Otherwise, the provisions of the Administrative Procedure Act shall apply, as far as this is compatible with the special nature of the election and voting procedure.
1. Decisions of the government and the competent commission of the Grand Council, as well as those of the authorities of regional courts, regions, and municipalities, are subject to appeal to the Higher Court for violations of political rights.
2. The procedure is governed by the Administrative Procedure Act.
1. Members of authorities or electoral offices, as well as any auxiliary personnel enlisted, who intentionally or through gross negligence violate duties incumbent upon them under this law or its implementing provisions, shall be punished with a fine.
2. The prosecution and adjudication of offenses are governed by the Code of Criminal Procedure.
1. The government shall issue the necessary implementing provisions, particularly concerning the maintenance of the electoral register, the arrangement and conduct (voting, counting, reporting of results) of elections and referenda, as well as the rights of initiative and referendum.
1. The regions regulate the procedure for elections and voting on regional matters, insofar as this law and the government do not determine otherwise.
2. ...
1. The municipalities shall enact the necessary supplementary provisions for their area concerning the procedure for elections and votes on cantonal and regional matters.
1. Upon the enactment of this law, the Law on the Exercise of Political Rights in the Canton of Graubünden dated October 7, 1962, shall be repealed.
1. This law also applies to pending proceedings. As long as the authority or administrative office is already dealing with a matter, its jurisdiction remains unchanged.
1. The eligible voters of the respective region elect in separate ballots
a) the President;
b) the Vice President in a full-time or main office capacity;
c) the full-time judges;
d) the other judges.
2. The administrative commission of the competent district court, as well as the competent district office, are responsible for the proper conduct of the regional court elections for the term 2017-2020.
3. The provisions of this law apply mutatis mutandis.
1. This law is subject to an optional referendum.
2. It shall be enacted by the government following approval by the federation.