Decree on the Experimental Introduction of Electronic Means Facilitating the Exercise of Political Rights (Electronic Voting, Electronic Signature), dated October 3, 2001 - Electronic Means
Table of Provisions (10)
Statutory Text (10 Articles)
1. The introduction at the federal, cantonal, and municipal levels, on an experimental basis, of electronic means facilitating the exercise of political rights (electronic voting, electronic signature) is authorized.
2. At the federal level, the approval of the Confederation is reserved.
The Council of State is the competent authority for conducting the experimentation of electronic means concerning political rights.
The Council of State may deviate from the provisions of the Law on Political Rights, dated 17 October 1984, to the extent necessary for conducting pilot tests on the use of electronic means in matters of political rights.
The Council of State must ensure, within the framework of electronic voting experiments it conducts, that
a) electronically cast votes cannot be intercepted, altered, or misappropriated by third parties (guarantee of the faithful and secure expression of the voters' will);
b) the content of electronically cast votes must not be known to third parties (guarantee of voting secrecy);
c) only individuals with the right to vote should be able to participate in the election (guarantee of voter eligibility control);
d) each person with the right to vote has only one vote and can vote only once (guarantee of vote uniqueness);
e) all votes are considered during the counting process (guarantee of reliable counting);
f) any risk of abuse is eliminated (guarantee of the regularity of the election).
The Council of State must ensure, within the framework of electronic signature experiments it conducts, that
a) electronic signatures cannot be intercepted, altered, or diverted by third parties;
b) electronic signatures cannot be usurped by third parties;
c) the concept of the system’s security architecture excludes any risk of abuse.
The Council of State, in agreement with the municipalities, establishes the technical, financial, and organizational modalities of the experiments.
The State Council regularly informs the Grand Council on the development of the concepts it formulates and on the results of the experiments it conducts.
[3] 1 This decree shall take effect from January 1, 2002, to December 31, 2005.
2. Repealed
3. The validity of this decree is extended until December 31, 2008.
4. The validity of this decree is extended for an indefinite duration.
**This Decree, Which is of General Scope, is Subject to Optional Referendum.**
The Council of State shall provide, if necessary, for the promulgation of this decree. It sets the date for its entry into force.
Decree promulgated by the Council of State on November 28, 2001.
The entry into force is set with effect from January 1, 2002.