Act on Elections and Votes (WAG) - Scope (WAG)

1. This decree regulates

a) the election of the St. Gallen members of the National Council according to proportional representation and the federal referendums, insofar as the federal legislation contains no regulations;

b) the cantonal elections

1. of the members of the Cantonal Council according to proportional representation;

2. of the St. Gallen members of the Council of States, the election of the members of the Government, and the election of the members of the district courts according to majority vote;

c) the cantonal referendums;

d) the elections in the municipalities at the ballot box

1. according to majority vote;

2. of the members of the municipal parliaments according to proportional representation;

e) the referendums in the municipalities at the ballot box.

2. Elections and referendums in citizens’ assemblies are governed by the Municipal Law of April 21, 2009[3].

1. Voting Capability and Eligibility are governed by Art. 31 et seq. of the Constitution of the Canton of St. Gallen dated June 10, 2001.

2. Individuals considered as lacking voting capability due to disenfranchisement under Art. 31 letter b of the Constitution of the Canton of St. Gallen dated June 10, 2001, are those who are subject to full guardianship because of permanent incapacity of judgment or are represented by a person appointed for their care.

1. The secrecy of the vote is preserved. The competent authorities shall take the necessary measures to ensure that no one acquires knowledge of the content of the vote.

1. Elections and votes are conducted in the municipalities.

2. Federal and cantonal elections and votes are conducted in the political municipalities.

1. The political municipality and the special municipality may agree to transfer the preparation and conduct of the elections and votes of the special municipality, in whole or in part, to the political municipality.

1. Swiss citizens abroad registered in the canton of St.Gallen exercise their voting rights at the State Chancellery.

2. The State Chancellery performs the duties concerning Swiss citizens abroad that the legislation on political rights assigns to the municipalities, with the reservation of Art. 12 letter c of this decree.

1. Each municipality maintains a register of eligible voters. The voting register may be kept electronically.

2. All eligible voters who have their political residence in this municipality, according to Article 3 of the Federal Act on Political Rights of December 17, 1976, shall be entered into the voting register of the political municipality.

3. All eligible voters who belong to the body of eligible voters in this municipality shall be entered into the voting register of special municipalities. Special municipalities may request that their voting register be maintained by the political municipality in exchange for compensation. Local corporations whose voting register is maintained by the political municipality shall ensure that the information of eligible voters who do not have their political residence in this political municipality is provided to the corresponding municipality for voting register maintenance.

4. Entries and deletions are made ex officio. Eligible voters shall be registered no later than the fifth day before the election or voting day if they meet the requirements to participate on the election or voting day.

1. The electoral register is open for inspection by the eligible voters of the respective municipality, the state chancellery, and the department responsible for appeals. Duplication of the electoral register is not permitted.

1. The electoral register administrator shall provide the addresses of eligible voters upon request and against reimbursement of costs if the applicant credibly demonstrates that the addresses will be used exclusively for election or referendum advertising.

1. The canton maintains a permanent electoral register. The electronic electoral registers of the political municipalities are compiled daily in an automated manner.

2. The government regulates the details, particularly regarding the disclosure of data, by ordinance.

1. The government is the leading authority in federal and cantonal elections and referendums, insofar as the canton is competent.

2. The council is the leading authority in elections and referendums of the municipalities.

3. The leading authority is responsible for the correct preparation and conduct of elections and referendums. In the event of indications of irregularities, it orders the necessary measures ex officio.

1. The government shall appoint a cantonal voting office for a duration of four years, consisting of at least seven members. From among these members, it shall designate a president and a secretary. It shall ensure an appropriate representation of the political parties.

2. The following persons shall not be members of the cantonal voting office

a) Members of the Cantonal Council;

b) Members of the Government;

c) Members of the National Council;

d) Members of the Council of States.

1. The Cantonal Voting Office

a) supervises the determination of results for electoral districts and the canton in National Council elections, Cantonal Council elections, as well as Government elections and Council of States elections, and issues the results for official publication;

b) oversees the decryption of the electronic ballot box;

c) acts as the voting office for votes cast by Swiss citizens abroad.

1. For each election or vote, the President convenes as many members as necessary to ensure that the cantonal electoral office can properly fulfill the duties pursuant to Art. 12 of this decree. He or she ensures appropriate representation of the political parties.

1. Members do not exercise their office if they

a) themselves are candidates in National Council elections or cantonal council elections as well as government or Council of States elections;

b) are personally involved in a matter.

1. The State Chancellery is responsible for the preparation and execution of federal and cantonal elections and referenda, insofar as the canton is competent.

2. The government may transfer the competence under paragraph 1 of this provision to a department.

1. The voting offices of the municipalities ensure the orderly casting of votes by eligible voters.

2. They ensure an orderly counting and determination of the municipal results, as well as the correct transmission of the results to the state chancellery in federal and cantonal elections and referenda.

1. Each municipality conducting elections and votes shall appoint a polling office.

2. The polling office shall consist of the president and at least four vote counters.

3. The council shall elect the vote counters from among the registered voters of the municipality. It shall ensure an adequate representation of political parties. Members of the council, the council clerk or deputy, and the voting register officer or deputy, are not eligible for election.

1. As President, the Chairperson of the Council serves unless the Council elects otherwise.

2. The secretariat of the Voting Office is managed by a Secretary. The Council Secretary serves as the Secretary unless the Council elects otherwise.

3. The Secretary has an advisory vote, assists the Voting Office with counting and determining the community result, and is particularly responsible for recording the minutes.

1. For each election or vote, the President shall appoint as many tellers as necessary to ensure a prompt counting. At least two tellers shall be appointed. The President shall ensure appropriate representation of the political parties.

2. Third parties may be engaged for administrative tasks.

1. Vote counters do not perform their duties if they are themselves candidates in the elections or are personally involved in a matter.

2. The president and the secretary do not perform their duties if they are personally involved in a matter.

1. The government determines the date

a) of the renewal elections in the canton, judicial districts, and municipalities;

b) of the by-elections for members of the government or the Council of States;

c) of the cantonal referendums.

2. The State Chancellery determines the date of by-elections in the judicial districts.

3. The council determines the date of by-elections in the municipality as well as for referendums in the municipality.

4. Simultaneously elected are the members of

a) the National Council and the Council of States;

b) the Cantonal Council and the government;

c) the parliament and the council, unless the municipal regulation provides otherwise.

1. The Announcement Includes

a) The subject of the election or the vote;

b) The date of the election or voting day, as well as the place and deadline for submitting election proposals;

c) The date of the election day, as well as the place and deadline for submission of election proposals for any potential second round.

2. Elections for the Cantonal Council and municipal parliaments are announced no later than twelve weeks, and majority elections no later than six weeks before the election day. Votes are announced no later than four weeks before the voting day.

3. Cantonal elections and votes are announced by the State Chancellery in the cantonal official gazette, while municipal elections and votes are announced by the competent authority of the municipality in the official publication organ of the municipality.

1. Election or voting days are scheduled for a Sunday.

2. Casting votes is also possible before the election or voting day, in accordance with the provisions of this decree and federal law.

1. Election proposals are valid if they

a) are submitted within the designated deadline to the competent authority of the municipality, and in the case of cantonal elections, to the State Chancellery;

b) are signed by

1. at least 15 eligible voters of the electoral district in the election of municipal authorities and district courts;

2. at least 15 eligible voters in cantonal matters in the election of members of the government and the Council of States;

c) contain no more names of candidates than there are mandates to be awarded;

d) contain the name of each candidate only once;

e) contain exclusively names of eligible candidates;

f) contain exclusively the names of candidates who have agreed to their candidacy in writing.

2. Signatories of election proposals cannot withdraw their signatures.

3. Election proposals for a District Court President and for full-time and part-time judges of the district court must be accompanied by evidence of fulfilling the eligibility requirements according to Article 26 of the Court Act of April 2, 1987.

1. The signatories appoint a representative and a deputy for the election proposal. If they waive this, the persons who signed first and second shall be considered as the representative and deputy, respectively.

2. The representative, and if they are unable to act, the deputy, are authorized to make legally binding declarations on behalf of the signatories necessary to rectify election proposals.

1. A proposed person may declare in writing before the submission deadline that they are withdrawing their candidacy.

2. In the event of death or loss of eligibility of the proposed person, the candidacy shall be considered withdrawn.

1. The nominations for cantonal elections based on majority voting can be inspected by the eligible voters of the electoral district at the State Chancellery, and the nominations for municipal elections based on majority voting can be inspected by the eligible voters in the municipality at the competent authority of the municipality.

2. Duplication of the nominations is not permitted.

1. Silent Election is possible for

a) Council of States and Government in the second round of voting;

b) District courts in the first and second rounds of voting;

c) Municipal authorities in the second round of voting.

1. Silent Election occurs if the number of candidates listed on all valid nominations corresponds to the number of mandates to be allocated.

2. The competent authority of the municipality decides on the occurrence of a Silent Election, and for cantonal elections, it is the State Chancellery. They publish the decision

a) for the election of members of the Council of States, the Government, and district courts in the cantonal official gazette;

b) for the election of municipal authorities in the official publication organ of the municipality.

1. A second round of voting takes place if not enough eligible candidates achieve an absolute majority in the first round.

2. It is scheduled by the authority responsible for announcing the election.

1. The State Chancellery determines the number of members of the Cantonal Council for each electoral district and publishes this in the Official Gazette.

2. The basis for the calculation is the federal statistics of the annual population status. The reference date is January 1st of the penultimate year before the election year.

3. To calculate the Cantonal Council seats per electoral district, the population of the canton is divided by the number of members of the Cantonal Council. The next higher whole number forms the distribution number. Each electoral district receives the number of seats that corresponds to how many times the distribution number is contained in its population. The remaining seats are distributed to the electoral districts with the largest remainders. If several electoral districts reach the same remainder, the decision is made by drawing lots.

1. Nomination lists for National Council elections and Cantonal Council elections must arrive at the State Chancellery no later than the ninth Monday before the election day. The deadline for submitting nomination lists for Cantonal Council elections can be brought forward by the government by a maximum of ten days.

2. The government sets the start of the submission period for nomination lists in National Council and Cantonal Council elections.

3. The council determines the deadlines for the submission of nomination lists in municipal parliament elections.

1. Each electoral proposal must bear a designation suitable for distinguishing it from other electoral proposals.

1. A person entitled to vote may not sign more than one nomination. The signature cannot be withdrawn.

2. In elections for Cantonal Councils and Municipal Parliaments, each nomination must be signed by at least 15 eligible voters residing in the electoral district in their own hand. The signature requirement for National Council elections is governed by Article 24 of the Federal Act on Political Rights of December 17, 1976.

3. For parties that were exempt from the signature requirement according to Article 24 of the Federal Act on Political Rights of December 17, 1976, in the last National Council elections, the requirement according to paragraph 2, first sentence of this provision does not apply. The nomination is signed by two persons who are considered as the representative and deputy of the nomination.

1. An electoral list may contain no more names of eligible persons than there are mandates to be awarded in the electoral district, and no name more than twice.

2. The electoral lists shall specify the surname, first name, date of birth, occupation, residential address, and place of origin of the proposed candidates.

3. Each proposed candidate shall confirm the electoral list by signing it manually.

1. The signatories appoint a representative and a deputy for the electoral proposal. If they waive this, the persons who have signed first and second shall be regarded as the representative and deputy, respectively.

2. The representative and, if they are prevented from doing so, the deputy are authorized to make legally binding declarations in the name of the signatories required for the rectification of electoral proposals.

1. A proposed person may declare in writing before the deadline for submission that they are withdrawing their candidacy. The representation may submit a substitute proposal.

2. If all or more than three individuals on an election proposal withdraw their candidacy, the election proposal is invalid.

1. The lists of candidates for the National Council elections and Cantonal Council elections can be reviewed by eligible voters of the electoral district at the State Chancellery, and the lists of candidates for municipal council elections can be reviewed by eligible voters of the municipality at the competent office of the municipality.

2. Duplication of the lists of candidates is not permitted.

1. The State Chancellery for National Council and Cantonal Council elections, as well as the relevant municipal authority for municipal council elections, shall review each electoral proposal and strike

a) the names of proposed candidates whose name appears on more than one electoral proposal, as well as those of ineligible candidates;

b) the last names on an electoral proposal if it contains more names than there are mandates to be allocated in the electoral district;

c) the surplus names of proposed candidates who are listed more than twice on an electoral proposal.

2. The authority responsible for the review of electoral proposals may, if necessary, set a deadline for the representative within which any missing signatures must be completed, substitute proposals for officially struck candidates can be submitted, the designation of candidates can be improved, or the designation of the proposal can be changed for better distinction from other proposals.

3. If a deficiency is not rectified within the set deadline, the electoral proposal shall be deemed invalid. If the deficiency pertains only to a specific candidate, only their name will be struck.

1. A substitute proposal is confirmed by the proposed person with a handwritten signature. If this signature is missing, the relevant name already appears on another list of candidates, or the candidate is not eligible, the substitute proposal will be deleted.

2. Unless requested otherwise by the representatives of the signatories, the substitute proposal will be added at the end of the list of candidates.

1. No changes shall be made to the electoral lists for National Council elections and Cantonal Council elections starting from the eighth Monday before the election day.

2. The political municipalities may establish a different deadline for finalizing the electoral lists for municipal parliament elections.

1. The revised electoral proposals are called lists.

2. In elections for the National Council and Cantonal Councils, the lists that are already represented in the respective parliament for the relevant electoral district during the current term receive ordinal numbers starting from 1 upwards in the order of their share of votes in the respective electoral district.

3. The remaining lists receive ordinal numbers in each electoral district in the order of their submission. Proposals submitted early are considered received on the first day of the submission period. In cases where proposals are submitted on the same day, the decision is made by drawing lots.

4. Connected lists that differ only by an addition designating gender, faction of a grouping, region, or age, receive, upon request from the main list, a deviation from paragraphs 2 and 3 of this provision, the ordinal number of the main list with a letter in alphabetical order as an addition.

5. A specific ordinal number is not assigned in the electoral district if

a) a list that would qualify for this ordinal number according to paragraph 2, sentence 1 of this provision does not participate in the election in this electoral district;

b) the relevant list receives a different ordinal number with an addition according to paragraph 4 of this provision.

6. The political municipalities regulate the assignment of ordinal numbers in elections of municipal parliaments.

1. Signatories of electoral lists or their representatives may declare that their electoral lists form a list connection in concordance in cantonal council elections and municipal parliament elections. They designate one of these electoral lists as the primary list.

2. List connections are permissible between lists of the same designation if they differ only by an addition indicating gender, a group's faction, region, or age.

3. Sub-list connections are not permissible.

4. Declarations on the connection of lists can be submitted no later than the eighth Monday before the election day. They cannot be revoked. The political municipalities may set a different deadline for submitting such declarations in municipal parliament elections.

1. List Connections in National Council Elections are Governed by Art. 31 of the Federal Act on Political Rights of December 17, 1976.

1. If only one list is available or the total number of proposed candidates from all lists does not exceed the number of persons to be elected, the government shall declare all candidates elected in National Council elections and Cantonal Council elections, and the council shall do the same in elections of municipal parliaments.

2. If all lists together present fewer candidates than there are mandates to be filled, supplementary elections shall take place for the remaining seats according to Article 116, paragraph 3 of this ordinance.

1. The voting materials include

a) the voting certificate;

b) the proposals to be voted on accompanied by an explanatory report;

c) the ballot paper(s);

d) the information regarding deadlines, delivery, and procedure for voting by mail, electronically, and in person, as well as the locations and opening hours of the polling stations;

e) the delivery envelope;

f) the ballot envelope;

g) the notice regarding the possibilities for early voting;

h) in federal elections: a brief voting guide prepared by the Federal Chancellery, in cantonal elections: one prepared by the Cantonal Chancellery, and in municipal elections: one prepared by the competent municipal authority.

2. The provisions regarding electronic voting remain reserved.

1. The voting rights certificate shall include

a) The name, first name, and address of the voter;

b) The date of the election or vote;

c) A declaration for postal voting, affirming that the vote cast corresponds to the voter's intention;

d) Authentication features and information for electronic voting, if applicable for the election or vote.

2. In cases of differing voting rights, the voting rights certificates and ballot envelopes shall differ in color.

1. The ballot paper is labeled "Ballot Paper" and states the electoral district, the date, and the subject of the election or vote.

2. To distinguish between different elections or voting proposals, the ballots may be of different colors, marked with numbers, and equipped with other distinguishing features.

3. For elections and votes taking place on the same day, separate ballots are used. Ballots are printed on one side only.

4. Different elections or votes taking place on the same day can be clearly separated from each other on the same ballot paper. Unless the federal or cantonal authorities have ordered their consolidation, such ballots are

a) produced by the municipalities at their own expense;

b) submitted to the State Chancellery for approval before being delivered to the eligible voters, if they concern more than just municipal elections and votes.

1. The ballot paper contains the voting question and the field for answering during votes.

2. In a vote with a counter-proposal, the ballot paper additionally includes a tie-breaker question, asking whether the initiative or the counter-proposal is preferred if both measures receive more Yes than No votes.

1. The ballot paper contains

a) the names listed on the valid electoral proposals in alphabetical order, with continuous numbering, starting with the current candidates marked "incumbent";

b) blank lines corresponding to the number of seats to be filled;

c) a box next to each name and each blank line for marking with a cross.

1. Ballot papers shall be prepared for all lists, on which the list designation, the order number, information about the candidates, and any list connections are preprinted. A blank ballot paper shall also be prepared.

1. Eligible voters must be in possession of the voting materials no later than three weeks before the election or voting day.

2. In the case of second rounds of government and Council of States elections, the deadline is ten days. The same applies to canton-wide referendums and simultaneous municipal elections and referendums.

3. In the case of second rounds in municipal elections, the deadline is ten days. The same applies to simultaneous municipal referendums.

1. Any person who changes their political residence after receiving the voting materials but before an election or voting day shall receive the voting materials for the election or vote at their new place of residence upon submission of the voting identification card received from the former municipality of residence. Article 7, paragraph 4 of this decree remains reserved.

1. In the event of loss or non-receipt of the voting rights certificate, an eligible voter may apply for a replacement voting rights certificate from the municipality.

2. The eligible voter must credibly demonstrate that they have not yet received a voting rights certificate or have lost it.

1. Ballots are filled out or amended by hand.

2. Subject to the provisions regarding electronic voting.

1. On the ballots for majoritarian elections, the following are marked

a) pre-printed names of candidates;

b) names of other eligible persons that the voter writes on blank lines.

1. Anyone who uses a blank ballot may enter the names of candidates from the lists in the electoral district and provide the list designation and serial number of a list.

2. Anyone who uses a pre-printed ballot may

a) strike out pre-printed names of candidates;

b) enter names of candidates from other lists in the electoral district (cross-voting);

c) strike out or replace the pre-printed serial number and list designation with another.

3. The name of the same candidate may appear twice on the ballot (accumulation).

1. Eligible voters may cast their vote by mail upon receipt of the voting materials. Article 64, paragraph 3 of this decree is reserved.

2. Postal votes that arrive at the municipality by the close of polls on the election or voting day at the latest will be considered for the counting.

1. Any person casting their vote by mail

a) places the ballot(s) in the ballot envelope;

b) signs the voting certificate.

2. The ballot envelope and the voting certificate are placed in the official delivery envelope or in a private delivery envelope.

3. A private envelope may be used instead of the ballot envelope. If the voting materials include differently colored ballot envelopes, private envelopes are not permitted.

4. The delivery envelope or private delivery envelope can be mailed via the post office or placed in the designated mailbox specified by the municipality. The municipality covers domestic postage costs. The private delivery envelope is addressed to the designated location indicated by the municipality with the annotation “Voting by Mail.”

1. Eligible voters unable to write may enlist an eligible assistant of their choice to validly cast their vote.

2. In place of the signature of the eligible voter on the voting identification card, the assistant shall print their own name in block letters and add the annotation "on behalf of" along with their own signature.

1. The voting register administrator or the voting office clerk examines, with a committee of the voting office, whether the postal vote is valid.

2. It is valid if

a) the voter is registered in the voting register;

b) the signed voting identification is enclosed;

c) the ballot papers are in a separate envelope or, in case of different voting rights, are in the colored ballot envelopes.

3. The delivery envelopes received by the municipality are kept sealed before the examination. After the examination, the separate envelopes with the ballot papers are stored in a sealed container until the start of the count.

1. Voting can be conducted electronically if

a) the technical and organizational requirements for proper execution are met;

b) the security of the voting process and result determination, as well as the traceability for eligible voters, the reliability of the determined results, and the protection of voting secrecy and personal data of the eligible voters are ensured by appropriate measures.

2. If electronic voting is to be enabled for more than 30 percent of the cantonal electorate, it requires prior approval by the Cantonal Council.

3. The government shall determine the procedure in accordance with federal legislation and obtain the federally prescribed approvals. It shall regularly verify the existence of the requirements pursuant to paragraph 1 of this provision, particularly the adequacy of security measures.

4. The State Chancellery shall set the opening and closing times of the electronic ballot.

1. The government may require electronic voting to be subject to registration by the voter.

2. If electronic voting is dependent on registration, registrations and deregistrations are possible before each election or vote.

3. Registrations and deregistrations will be considered for the upcoming election or vote if they are received by the municipality no later than eight weeks before the election or voting day.

1. The registered voter may be provided with the voting materials electronically, with the exception of the voting rights certificate.

2. The voting rights certificate is delivered by mail. It can be provided electronically if a sufficiently secure electronic procedure exists in accordance with federal law.

3. Registered voters may only cast their vote by mail or in person if the necessary voting materials are obtained from the municipality upon presentation of the voting rights certificate.

1. Electronic Voting

a) Enter the designated authentication features on the user platform;

b) Complete the electronic ballot;

c) Verify the accuracy of the vote using the verification features;

d) Confirm the vote by entering the designated authentication features.

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 voter submits the voting card at the ballot box.

2. For the purpose of voting, the voter uses the ballot papers delivered with the voting materials or those provided at the ballot box.

3. The voter places the completed ballot papers in the ballot envelope and deposits it into the ballot box.

4. Instead of the ballot envelope, a private envelope may be used. If the voting materials include ballot envelopes of different colors, private envelopes are not permitted.

1. Sufficient ballot papers are available at the ballot box at all times.

1. The president shall assign appointed vote counters to serve at the polls.

2. At least two vote counters must be assigned to each ballot box.

3. The president and the secretary of the polling office are excluded from serving at the polls.

1. During the opening hours, two vote counters must be present at the ballot box without interruption to ensure compliance with legal regulations.

2. The vote counters must particularly ensure that

a) the ballot box is empty at the beginning of the election or vote;

b) the voting person is voting only on matters in which they are eligible to vote;

c) the voting person places only one envelope per color into the ballot box;

d) no election or voting recommendations are laid out, distributed, or posted at the ballot boxes or in the vestibules.

3. The vote counters must neither inquire about the content of the ballots nor influence the voters during the voting process or assist them in filling out the ballots or placing them into the envelope. The same prohibition applies to other persons within the ballot room. Individuals who are unable to cast their vote personally without assistance may bring an aide of their choice.

4. No one is allowed to remain in the ballot room longer than necessary.

1. Immediately after the closing time, the ballot box shall be sealed and stored in such a way that its contents cannot be altered.

2. The ballot box may be opened for

a) Continuation of the election or voting, if the vote counters assigned for the opening time are present;

b) Counting, if a committee of the voting office supervises the opening.

1. During the opening hours, unhindered access to the ballot box shall be guaranteed.

2. It is prohibited immediately in front of and inside the building

a) To distribute ballots, promotional materials, or gifts;

b) To collect donations or signatures;

c) To offer beverages or food.

1. On election or voting days, the polls shall be closed no later than 12:00 PM. On election or voting days, a polling station must be open for at least one hour.

1. The municipality facilitates early voting on at least two of the four days preceding the election or voting day by

a) Opening of the ballot boxes during times determined by the council, or

b) Submission of the ballots in a sealed envelope to the responsible office of the municipality.

1. The eligible voter submits the voting certificate to the competent authority of the municipality.

2. For voting, the eligible voter uses the ballots provided with the voting materials. She or he submits these to the competent authority of the municipality in a sealed envelope. Article 67 paragraph 4 of this enactment applies accordingly.

3. The envelope is kept in a sealed ballot box until the beginning of the vote counting.

1. The canton uses a specialized application to determine and transmit the results of elections and votes. The polling offices of the political municipalities use this application for all federal and cantonal elections and votes. They may also use it for municipal elections and votes.

1. Municipalities may use electronic and technical aids for the counting of results. The provisions of federal law remain reserved.

2. The use of electronic aids for the automatic recording and counting of ballots requires the approval of the State Chancellery. Municipalities that use such aids must submit sample copies of the machine-readable ballots to the State Chancellery for review prior to federal and cantonal elections and referenda.

1. The polling office shall begin the counting process on the morning of the election or voting day. The counting of votes submitted by mail on the day before the election or voting day is permissible

a) in municipalities with more than 10,000 eligible voters;

b) in proportional representation elections;

c) in renewal elections of the municipalities.

2. The members of the polling office and any persons engaged for administrative tasks are required to keep partial results confidential.

3. If multiple elections or votes take place on the same day, the municipal results shall be determined in the following order

a) federal elections and referendums;

b) cantonal elections and referendums;

c) municipal elections and referendums.

1. The Voting Office acknowledges the number of eligible voters and determines the number of those voting by mail, in person, and electronically.

1. The counting of votes cast by mail or in person shall be conducted in groups of at least two ballot counters.

1. The State Chancellery is responsible for determining the electronically cast votes. This is done by decrypting the electronic ballot on the day of the election or referendum.

2. The determined values are made available to the municipal polling office.

3. The municipal polling office combines the electronically cast votes with the votes cast by mail and in person to obtain the final result after the count is completed.

4. The government may authorize political municipalities to conduct the determination of the electronically cast votes if the technical and organizational prerequisites are met.

1. Invalid Ballots

a) that are not official;

b) that are filled out in a non-handwritten manner. Electronic voting remains reserved;

c) that are cast or submitted without an envelope during in-person voting;

d) that do not clearly express the will of the voter, particularly if

1. they are found with other ballots of the same election or referendum that are not identical in the same envelope; of multiple identical ballots, only one is valid;

2. in majority elections, the number of marked names exceeds the number of persons to be elected. In cases of different elections listed on the same ballot, the invalidity pertains only to the affected election;

e) that do not contain the name of a candidate from the electoral district in proportional representation elections;

f) with defamatory statements or information that reveal the voting secret;

g) that, with different voting rights, are not placed in the corresponding ballot envelope.

2. If disagreements or doubts arise regarding the validity of a ballot, the electoral office shall decide.

1. In elections and votes within the canton and the municipalities, the leading authority orders a recount if it detects irregularities that, by their nature and extent, were capable of significantly influencing the result.

2. In addition to paragraph 1 of this provision, a very close result in majoritarian elections and votes of the municipalities is recounted before it is recorded in the minutes.

3. Recounts in federal parliamentary elections and federal votes are conducted according to the provisions of federal law.

1. The polling office maintains a record of the election and voting results for each event. It contains

a) the number of eligible voters;

b) the number of voters by mail, electronically, and in person;

c) the values to be determined for each election or voting proposal;

d) the result in the case of municipal elections and votes.

2. The record is signed by the president, the clerk, and two vote counters.

3. The records of federal and cantonal elections and votes are promptly submitted to the State Chancellery, and the records of elections in the political municipalities are submitted to the relevant department.

1. The voting office immediately reports the municipal results of the federal and cantonal elections and referendums to the State Chancellery.

2. The State Chancellery promptly determines the provisional cantonal result and makes it public.

1. The State Chancellery maintains a record for both federal and cantonal elections and referendums. It contains, for each electoral district

a) the number of eligible voters;

b) the values to be determined for each election or referendum proposal;

c) the result.

2. The record is signed by the Secretary of State.

1. The ballot papers are, in the case of multiple elections and votes, separately packaged and sealed by two vote counters.

2. The ballot papers for federal elections and votes are retained by the municipality until the results are officially certified by the Federal Council.

3. The ballot papers for cantonal and municipal elections and votes are held by the municipality until the complaints are legally resolved, but in any case for at least one month.

4. The voting certificates are retained until the complaints are legally resolved.

1. For each voting proposal, the following shall be determined

a) the number of valid, blank, and invalid ballot papers as well as their total number;

b) the number of Yes and No votes and, if applicable, the result of the tie-break question on the valid ballot papers.

1. A voting proposal is accepted if more votes in favor ("yes" votes) than votes against ("no" votes) are cast. In the event of a tie, the voting proposal is rejected.

2. If, in a vote with a counterproposal, both proposals receive more votes in favor than against, the determination of the voting result is governed by Article 51 of the Law on Referendum and Initiative of November 27, 1967.

1. For each election, the following are determined

a) the number of valid, blank, and invalid ballots as well as their total number;

b) from the valid ballots, the number of valid votes cast for each candidate or other eligible person.

1. A vote is invalid if

a) the name of a candidate or another eligible person is not marked or is both marked and crossed out;

b) it is cast for an eligible person for whom a valid vote has already been cast on the same ballot;

c) an eligible person is not clearly designated;

d) the name of an ineligible person is listed.

1. In the first round of voting, a candidate or other eligible person is elected if they achieve an absolute majority.

2. To calculate the absolute majority, the number of valid ballots is divided by two. The next whole number is the absolute majority. The absolute majority is calculated separately for each election.

3. In the second round of voting, the relative majority is decisive. The candidates or other eligible persons with the highest number of votes are elected.

1. If more candidates or other eligible persons receive an absolute majority than there are mandates to be assigned, those with the higher number of votes are elected.

2. If candidates or other eligible persons, who cannot simultaneously belong to the same authority, achieve an absolute majority in the first election round or a relative majority in the second election round, the one with the higher number of votes is elected.

3. If several candidates or other eligible persons receive an equal number of votes and the order of mandate allocation is decisive, the decision is made by drawing lots.

4. If a decision is made by drawing lots, the lot is drawn

a) for elections of the members of the government, the Council of States, or the district courts by the president of the cantonal voting office in the presence of at least two other members;

b) for municipal elections by the president of the voting office in the presence of at least two vote counters.

5. If a candidate or other eligible person achieves an absolute majority in the first election round or a relative majority in the second election round, this person is considered not elected if there is a reason for exclusion according to Article 34 of the Cantonal Constitution of June 10, 2001, with a member of the authority.

1. Any surplus repetitions shall be crossed off the ballot paper if the name of a candidate appears more than twice on a ballot paper.

2. If a ballot contains more names than the number of mandates to be allocated in the constituency, the last pre-printed names not handwritten cumulated shall be crossed off first, followed by the last handwritten names.

3. Names not appearing on any list shall be crossed off.

1. If a ballot contains fewer valid votes for candidates than there are mandates to be allocated in the electoral district, the missing votes are counted as additional votes for the list whose name or ordinal number is printed or written on the ballot.

2. If the list name and ordinal number do not match, the list name prevails. If the list name does not match the one on the officially published election list, it is valid if the designation clearly reflects the voter’s intent. If both the list name and ordinal number are missing, or if the ballot contains more than one of the submitted list names or ordinal numbers, the missing votes are considered null.

3. If multiple regional lists with the same designation have been submitted in an electoral district, additional votes on a ballot that is not designated by region will be allocated to the list in whose region the ballot was cast.

4. In the other applications of Article 43, Paragraph 2 of this decree, the additional votes are credited to the list whose designation is on the ballot. Additional votes on inadequately designated ballots are credited to the list that the group has designated as its main list.

1. Votes for candidates who have passed away since the finalization of the election proposals shall be counted as candidate votes.

1. The election office determines for each election

a) the number of valid, invalid, and blank ballots as well as their total number;

b) the number of votes each candidate on every list has received (candidate votes);

c) the number of votes each list has received through blank lines (additional votes);

d) the sum of candidate votes and additional votes for each list (party votes);

e) for the communal parliaments, the total number of votes combined for the connected lists;

f) the number of blank votes.

1. The State Chancellery shall determine, based on the protocols of the polling stations for federal and cantonal elections, for each electoral district

a) the number of valid, invalid, and blank ballots, as well as their total number;

b) the number of votes received by each candidate on each list (candidate votes);

c) the number of votes each list receives through blank lines (additional votes);

d) the sum of candidate and additional votes for each list (party votes);

e) for connected lists, the total number of votes combined for the list group;

f) the number of blank votes.

1. The total number of valid party votes of all lists is divided by the number of mandates to be allocated plus one. The next higher whole number is referred to as the distribution number.

2. Each list is allocated as many mandates as the distribution number is contained in its vote total.

1. If not all mandates have been allocated, the remaining ones shall be assigned individually and consecutively according to the following rules

a) The number of votes for each list shall be divided by the number of mandates already allocated to it, increased by one.

b) The next mandate shall be assigned to the list with the largest quotient.

c) If several lists have the same entitlement to the next mandate due to the identical quotient, the list that achieved the largest remainder in the division according to Article 99 Paragraph 2 of this decree shall receive the next mandate.

d) If several lists still have the same entitlement, the mandate shall go to the list with the largest total number of party votes.

e) If several lists still have the same entitlement, the next mandate shall go to the list in which the candidate eligible for election has the highest number of votes.

f) If several such candidates have the same number of votes, the decision shall be made by lot.

2. This procedure shall be repeated until all mandates have been allocated.

1. Each group of interconnected lists shall initially be treated as a single list for the distribution of seats.

2. The seats are allocated to the individual lists of the group according to Articles 99 and 100 of this decree.

1. From each list, the candidates who have received the most votes are elected based on the mandates achieved.

2. The candidates who are not elected serve as substitute members in the order of the votes they received.

3. In the event of a tie, the order is determined by drawing lots.

4. If a list is allocated more mandates than there are candidates listed, a supplementary election pursuant to Article 116 of this enactment shall be held for the excess mandates.

1. If a decision is made by lot, it shall be drawn

a) in National Council elections and Cantonal Council elections by the chairperson of the cantonal ballot office in the presence of at least two other members;

b) in municipal parliament elections by the chairperson of the ballot office in the presence of at least two vote counters.

1. The State Chancellery shall publish the records of federal and cantonal elections and referendums within eight days in the official gazette, along with information on legal remedies. The publication of records for National Council elections, Cantonal Council elections, as well as Government and Council of States elections, require authorization by the cantonal voting bureau.

2. The competent municipal authority shall promptly and appropriately publish

a) the records of municipal elections and referendums along with information on legal remedies;

b) the municipal results in federal and cantonal elections and referendums.

1. The election is promptly communicated in writing and subject to any possible complaints

a) to those elected to the National Council by the government;

b) to those elected to a cantonal authority or to the Council of States by the state chancery;

c) to those elected to the authorities of a municipality by the president of the electoral office.

1. Any election refusals must be submitted to the authority that announced the election within three days after the dispatch of the election notice.

2. In the event of an election refusal

a) In the first round of majoritarian elections

1. The person with the next highest number of votes who has achieved the absolute majority is considered elected;

2. A second round is scheduled if no other person achieves the absolute majority;

b) In the second round of majoritarian elections, the provisions on substitute elections according to Article 114 of this enactment apply;

c) In proportional representation elections, the provisions on succession according to Article 115 of this enactment apply.

1. Complaints regarding federal votes and National Council elections are governed by Art. 77 et seq. of the Federal Act on Political Rights of December 17, 1976.

1. Eligible voters may file a complaint with the government regarding cantonal elections and referendums. The complaint does not have a suspensive effect.

2. The complaint must be submitted by registered mail within three days of becoming aware of the grounds for the complaint, but no later than the third day following the official publication of the results. The complaint must include an application, a brief presentation of the facts, and a justification. It must be signed.

1. Grounds for complaint are irregularities that have occurred in the preparation or conduct of the election or vote.

2. If the government identifies irregularities, it shall take the necessary measures to remedy the deficiencies. If the irregularities cannot be remedied, it shall annul the election or vote if the irregularities could have, have had, or might have had a decisive influence on the result.

3. It shall dismiss complaints without further examination if the alleged irregularities, by their nature or extent, were not capable of significantly influencing the outcome of the election or vote.

1. Eligible voters may file a complaint with the competent department regarding municipal elections and referendums. The procedure is governed by Articles 164 and 165 of the Municipal Law of April 21, 2009.

1. In national council elections as well as cantonal elections and referendums, the government determines the final result after the complaint period has lapsed without any complaints being filed, or after complaints have been legally resolved. The determination is published in the official gazette.

2. In municipal elections and referendums, the council determines the final result after the complaint period has lapsed without any complaints being filed, or after complaints have been legally resolved. The determination is published in the official publication organ of the municipality.

1. The Cantonal Council decides on the validity of the election of its members.

1. An elected person may resign from their office at any time after the deadline for refusing election has passed. Articles 87 and 88 of the Municipal Law dated April 21, 2009, are reserved.

2. Anyone who subsequently creates a disqualification ground under Article 34 of the Cantonal Constitution dated June 10, 2001, shall resign.

3. Resignation from the National Council is governed by Article 54 of the Federal Act on Political Rights dated December 17, 1976.

4. In cantonal elections and in municipal elections, the resignation is submitted to the authority that announced the election.

1. If a member leaves office before the expiration of their term, a by-election shall be held within nine months.

2. If a renewal election is conducted within nine months, the by-election may be omitted.

1. If a member resigns from office before the end of their term, the government, or in the case of local council elections, the council, declares the first substitute member from the same list to be elected.

2. The procedures for validation by the National Council or the Cantonal Council remain reserved.

3. If a substitute member cannot or does not wish to assume office, the next substitute moves up to take their place. A substitute member's refusal to accept the election applies for the entire term.

1. If a seat cannot be filled by succession, the following may submit a nomination proposal

a) three-fifths of the signatories of the list;

b) for nomination proposals exempt from the quorum

1. in the case of National Council elections, the board of the cantonal party that submitted the list on which the departing member was listed;

2. in the case of elections for the Cantonal Council and municipal parliaments, the representation and the substitute that submitted the list on which the departing member was listed.

2. The result of the supplementary election, with information on legal remedies, is to be published by the State Chancellery in the Official Gazette or, for municipal parliament elections, by the responsible municipal authority in the official publication organ of the municipality. The determination of the result is appropriately governed by Article 111 of this decree.

3. If the right to propose a candidate is not exercised, a replacement election shall take place. If several seats are to be filled, the provisions on proportional representation elections apply; otherwise, those on majority vote elections apply.

1. The term of office for the members of the cantonal electoral office pursuant to Art. 51 of the Act on Referendums dated July 4, 1971, as amended prior to the effective date of this decree, shall end on the effective date of this decree.

2. The first term of office for the members of the cantonal voting office pursuant to Art. 11 of this decree shall commence on the effective date of this decree and conclude on May 31, 2024.

1. The Term of Office for Members of the Voting Office for Ballots of Swiss Citizens Abroad as per Art. 30quinquies of the Implementation Ordinance to the Law on Ballot Voting dated August 17, 1971, in its version prior to the commencement of this enactment, shall terminate upon the commencement of this enactment.

1. The preparation and conduct of federal votes as well as elections and votes of the canton and municipalities, which take place after the commencement of enforcement of this decree but are announced before the commencement of enforcement, shall be governed by the provisions of the Law on Poll Votes of July 4, 1971, in the version prior to the commencement of enforcement of this decree. Paragraph 2 of this provision remains reserved.

2. The cantonal voting office pursuant to Articles 11 et seq. and 117 of this decree assumes the duties of the voting office for votes cast by Swiss citizens abroad according to the implementing ordinance to the Law on Poll Votes of August 17, 1971, in the version prior to the commencement of enforcement of this decree.