Implementing Ordinance on Ballot Box Voting in Municipal Matters (Ballot Box Voting Ordinance, UAV) (Urnenabstimmungsverordnung, UAV) - Scope (UAV)

1. This regulation applies to ballot votes on municipal matters, both inside and outside of the municipal assembly.

1. Votes within the meaning of this regulation include both elections and decisions on substantive matters.

1. Eligible voters may begin collecting signatures for a ballot vote in accordance with Articles 21-29 of the Municipal Act even before the publication of the rules of procedure for the municipal assembly.

1. Each political municipality maintains a register of voters, listing those individuals who are eligible to vote in municipal matters and have their political residence in the municipality.

2. Entries into the voter register are permitted up to a maximum of five days before the election or voting day, provided it is established that the conditions for participation in the vote are met.

3. The voter register is open for inspection by eligible voters.

1. The political municipalities shall make their electoral registers, as well as any additional necessary information based on the residents' registers, available to the other municipalities.

2. They may charge those municipalities for their costs.

1. Lockable ballot boxes are to be used for the voting.

2. The slot and the closure must be capable of being sealed or secured with a seal.

1. For the urns of subsidiary polling places, the municipal voting office, and the preliminary determinations, Articles 25-28 of the Introductory Law to the Federal Legislation on Political Rights apply.

2. The determination of voting results is governed by Article 49 for proposals, and mutatis mutandis by Articles 71-73 of the Election and Voting Act (EVA) for elections.

1. The Voting Protocol is to be prepared in accordance with the provisions of Article 31, paragraphs 1 and 2 of the Introductory Act to the Federal Legislation on Political Rights.

1. The voting office or the chairperson of the municipal assembly shall publish the voting results immediately after the counting is completed.

2. In elections, the number of votes for all candidates must be indicated.

**1. The voting documents received shall be packaged, sealed, and labeled with an inscription indicating their contents after the preparation of the voting protocol.**

2. In the case of multiple votes, the voting ballots received shall be kept separately.

3. The voting documents shall be retained until the resolution of any submitted voting complaints.

1. The regulations regarding the voting office and the polling station are governed by Articles 5, 9, and 10 of the Introductory Act to the Federal Legislation on Political Rights.

1. On the day of the vote, the ballot boxes in the main and auxiliary polling stations are open from 9:30 a.m. to 11:00 a.m., respectively.

1. The Voting Order of the Administrative Council must contain

1. the subject of the vote;

2. the type of procedure;

3. the voting day and voting time;

4. the notice of the issuance of voting documents;

5. the deadline for submission of nominations;

6. the date of a possible second round of voting.

1. The voting order must be published in the official gazette no later than the following times

1. for elections in the seventh week before the voting day;

2. for referendums in the third week before the voting day.

1. The voting materials must be delivered to the eligible voters at least seven days before the voting day in accordance with Article 40 of the WAG.

1. The opening of the voting process must not occur before the designated time.

2. Additionally, the casting of votes is governed by Articles 16-21 of the Introductory Act to Federal Legislation on Political Rights.

1. Polling stations must be closed at the designated time.

2. Voters present at the polling station may still exercise their right to vote.

3. After the close of voting, no more ballot envelopes may be accepted.

1. The Procedure Concerning Election Proposals, Ballots, and Exercise of Voting Rights is Governed by Articles 60-70 of the Election Act with the Following Reservations

1. The municipal voting office carries out all the tasks assigned to the cantonal voting office (Article 62 paragraph 1, Article 63, Article 64 paragraph 1 and Article 66 paragraph 1 of the Election Act);

2. The public display of election proposals takes place at the administration of the political municipality (Article 65 of the Election Act);

3. The administrative council carries out the tasks assigned to the government council (Article 68 and Article 69 paragraph 2 of the Election Act);

4. The second round of voting takes place at the earliest two weeks after the first round of voting (Article 70 paragraph 1 of the Election Act).

2. ...

1. If, concurrently with the members of a board, the presidency or vice-presidency is also to be elected

a. separate ballots must be used for each of these elections;

b. eligible voters may cast their vote for a proposed person as President or Vice-President without voting for them as a member.

2. The decisive majority of votes is determined separately for the membership and each individual office according to the number of votes cast.

3. Only those who are simultaneously elected as a member of the board can be declared elected as President or Vice-President; if this condition is not met, the election must be rearranged.

1. The administrative board elects a voting committee consisting of at least three members as well as its chair.

1. The ballot vote shall be conducted within the premises where the municipal assembly takes place.

2. The ballot boxes must be arranged in such a manner that every eligible voter has unobstructed access to cast their vote.

1. The voting period is limited to the time during which the proceedings of the municipal assembly are suspended for the conduct of the ballot vote.

2. The chair of the proceedings must ascertain that no eligible voters wish to cast their votes before declaring the voting closed.

1. If votes are to be conducted by ballot, the administrative council must publicly announce this by including the addition "ballot vote" after each individual matter during the initial publication of the agenda for the municipal assembly.

2. If the request to conduct a ballot vote pursuant to § 3 is submitted after the publication of the agenda, the announcement will be made at the municipal assembly during the finalization of the agenda.

1. The voting materials are generally handed out to the eligible voters upon entering the assembly venue. The voting materials may also be provided to eligible voters prior to the opening of polls, provided they do not already have them.

2. The voting materials consist of the official voting envelope and the official ballot.

3. If there are doubts regarding a person's eligibility to vote, the person must provide identification.

1. Voting is conducted in person.

2. As soon as the presiding officer declares the voting session open, the eligible voters may place their handwritten ballot, either folded or in an unsealed ballot envelope, into the ballot box.

3. Once the presiding officer has declared the voting session closed, no more ballot envelopes may be accepted.

1. The voting office must be present at the ballot boxes during the voting process and ensure that the voting is conducted in accordance with regulations.

1. Nomination proposals may be submitted by eligible voters participating in the municipal assembly.

2. Once the presiding officer has declared the nomination process closed, no further nomination proposals may be submitted.

1. The election proposals must be written down for all to see.

2. If current members are proposed in renewal elections for authorities, they must be placed at the top of the candidates' list in order of their seniority.

3. Additionally, the election proposals must be listed in the order of their receipt.

1. Votes may only be cast for candidates on the candidate list.

1. The ballot papers are to be corrected in content.

2. For this purpose, the following must be struck out

1. the names of candidates that have been written down more than once;

2. names that are not listed on any list;

3. illegible names or candidates whose names are imprecisely designated;

4. in cases where ballots contain more names than seats to be allocated: the last excess names. The striking out occurs from bottom to top and from right to left.

3. The deletions are to be clearly marked by the polling office.

1. If the total number of candidates on the list of candidates does not exceed the number of seats to be filled, the presiding officer declares the proposed candidates elected without a vote.

1. The procedure follows Articles 69-73 of the WAG with the following reservations

1. if not all seats can be filled through an uncontested election, votes can be cast for any eligible individuals for the seats that remain unfilled in the uncontested election (Art. 69 para. 2 WAG);

2. the second round of voting takes place immediately after the first round (Art. 70 para. 1 WAG);

3. the administrative council revises the list of candidates for the second round; it must include all individuals who were not elected in the first round (Art. 70 paras. 2-4 WAG).

1. Supervision over the conduct of referendum votes is the responsibility of the Government Council.

2. If a vote is not conducted properly or is prematurely terminated due to disturbances, the Government Council shall take the necessary measures.

3. It can, in particular, reschedule the vote and appoint one or more trustees to prepare, supervise, or manage the vote.

1. In matters of voting, a complaint may be filed with the Council of State pursuant to Art. 69 of the Cantonal Constitution and Arts. 219-222 of the Municipal Law.

2. The complaint may allege any procedural deficiencies in the preparation and conduct of the voting.

3. The complaint must include an application and a brief presentation of the disputed facts.

1. If the Executive Council establishes procedural deficiencies in the arrangement or preparation of a vote, either upon complaint or ex officio, it shall ensure, as far as possible, that these deficiencies are rectified before the voting day.

2. It may cancel or postpone the scheduled vote.

1. Incorrectly Determined Voting Results are Corrected in the Appeal Decision.

1. The voting shall be annulled in whole or in part by the appeal decision if procedural defects are identified that could have decisively altered the voting result and whose effects cannot be remedied by the appeal decision.

2. In the event of the annulment of a vote, the government council shall issue the necessary orders.

1. The instructions of February 15, 1982, regarding the ballot voting in the municipalities are repealed.

1. This regulation shall enter into force on January 1, 2010.