Legislator Case Law & Legislation
113.111 GpR CH-SO

Act on Political Rights (GpR) - I. Elections and Voting (GpR)

187 Articles / Provisions · Switzerland · Canton of Solothurn
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Table of Provisions (187)

§ 1 GpR - I. Elections and Voting § 2 GpR § 3 GpR - I. Definition § 4 GpR § 5 GpR § 6 GpR § 7 GpR - Eligibility for Election § 8 GpR § 9 Partnership Law § 10 GpR - III. Verification of Voting Rights § 11 GpR § 12 GpR - V. Data Protection § 13 GpR - VI. Closure of the Voting Register § 14 GpR § 15 GpR - I. Municipal Election Offices § 16 GpR § 17 GpR - Number of Members § 18 GpR § 19 GpR § 20 GpR - II. Municipal Central Election Offices § 21 GpR - III. Regional Election Offices § 22 GpR § 23 GpR § 23bis GpR - Electronic and Technical Aids § 24 GpR § 25 Partnership Act § 26 GpR § 27 GpR § 28 GpR § 28bis GpR § 28ter GpR Section 29 GpR § 29bis GpR § 30 GpR - I. Jurisdiction § 31 GpR § 32 GpR § 33 GpR - IV. Second Round in Majority Elections § 34 GpR § 35 GpR § 36 GpR - b) Information/Acceptance of the Election Proposal § 37 GpR § 38 GpR § 39 GpR § 40 GpR § 41 GpR § 42 GpR § 43 GpR - c) Form of Applications, Signing Quorum, and Submission Office § 44 GpR § 45 GpR § 45bis GpR § 46 GpR § 47 GpR - I. Proportional Representation Procedure § 48 GpR § 49 GpR § 50 GpR § 51 GpR § 52 GpR § 53 GpR § 54 GpR § 55 GpR § 56 GpR § 57 GpR § 58 GpR § 59 GpR § 60 GpR § 61 GpR - Obligation to Serve § 62 Partnerships § 63 GpR § 64 Partnership Act § 65 GpR § 66 GpR § 66bis GpR - Guidelines for the Placement of Election and Voting Posters § 67 GpR § 68 GpR § 69 GpR - I. Principle § 70 GpR § 71 GpR - III. Determination, Notification, and Publication § 72. General Partnership (GpR) - I. General Provision § 73 GpR - II. Initiative and Counterproposal/Contingent Voting § 74 GpR § 75 GpR § 76 GpR § 77 Partnership Agreement Act § 78 Partnership Act § 79 GpR § 80 GpR - 3. Procedure § 81 GpR § 81bis GpR § 82 GpR § 83 GpR § 84 GpR § 85 GpR § 86 GpR § 87 GpR § 88 GpR § 89 GpR § 90 General Provisions § 91 Partnership Law § 91bis GpR - Electronic Voting and Ballot Submission § 92 GpR § 93 GpR § 94 GpR § 95 GpR § 96 GpR § 97 GpR § 97bis GpR § 98 GpR § 99 GpR - VI. Determination of the Municipality's Results by the Central Municipal Election Office § 100 GpR § 101 GpR § 102 GpR § 103 GPRA § 104 GpR § 105 GpR § 106 GpR § 107 GpR § 108 GpR - 3. Further Distribution § 109 GpR § 110 GpR § 111 GpR § 112 GpR § 113 GpR § 114 GpR - Second Round of Voting § 115 Partnership Act (GpR) § 116 GpR § 117 GpR - Election to Incompatible Offices or Authorities § 118 GpR § 119 GpR - I. Validation of Elections § 120 GpR - II. Verification of Voting Results § 121 GpR § 122 GpR - I. Tally Sheets and Ballot and Voting Paper Packages § 123 GpR § 124 GpR § 125 GpR - II. Election Proposals and Protocols § 126 GpR - I. Succession § 127 GpR - II. Subsequent Nominations and Replacement Elections § 127bis GpR § 128 GpR § 129 GpR - Registration § 130 GpR § 131 GpR § 132 GpR § 133 GpR § 134 GpR § 135 GpR - Section 135 GpR - 3. Support by Resident Municipalities § 136 Partnership Act § 137 GpR § 138 GpR § 139 GpR § 140 GpR § 141 GpR § 142 GpR § 142bis GpR § 143 GpR § 144 GpR § 145 GpR § 146 GpR § 147 GpR § 148 GpR - III. Optional Referendum § 149 GpR § 150 GpR § 151 Local Government Act § 152 GpR § 152bis GpR § 153 GpR § 154 Partnership under Civil Law (GpR) § 155 GpR § 156 GpR - I. In Federal Elections and Referendums § 157 GpR § 158 Partnership Law **§ 159 Partnership Act** § 160 GpR § 161 GpR § 162 GpR § 162bis GpR § 163 GpR - 5. Appeal Decision § 164 GpR § 165 GpR § 166 GpR § 167 GpR - III. In the Case of Referendums § 168 GpR - I. Offenses Punishable by Imprisonment or Fine § 169 GpR § 170 GpR § 171 GpR § 172 GpR § 173 GpR § 174 GpR

Statutory Text (187 Articles)

Scope and Subject Matter of the Act

1. The law applies to all cantonal, regional, and municipal elections and referendums. Elections and referendums in administrative districts, districts, circles, and associations are considered regional.

2. The law is applicable to federal elections and referendums insofar as federal legislation does not provide otherwise.

3. The law is applied analogously and supplementarily to municipal elections and referendums that take place at the municipal assembly and within municipal authorities.

Scope and Subject Matter of the Act

1. The law regulates the establishment

a) of the popular initiative and popular mandate pursuant to Articles 29-34 of the Cantonal Constitution (CC);

b) of the optional referendum pursuant to Article 36 CC;

c) of the request for the recall of the Cantonal Council or the Government Council pursuant to Article 28 CC.

2. It also regulates the voting on such requests as well as the conduct of consultations pursuant to Article 39 CC.

The Right to Vote

1. Eligible to vote are Swiss citizens who have reached the age of 18 and are not excluded from voting rights.

The Right to Vote

1. Exclusion from Voting Rights

A person is excluded from voting rights if they are under comprehensive guardianship due to permanent incapacity to form a judgment or if they are represented by a person with a power of attorney for health care.

The Right to Vote

**1. Eligible to Vote Are Those Qualified to Vote, Actually Residing at the Location and Not Registered Elsewhere in the Electoral Register:**

a) *in the Resident Municipality: Swiss citizens who are registered for permanent residence;*

b) *in the Citizen Municipality: local citizens who are registered for permanent residence;*

c) *in the Church Municipality: the residents listed under letter a) of the church municipality area who belong to the respective denomination, as well as resident foreigners to whom the church municipality has granted the right to vote;*

d) *in cantonal matters: Swiss citizens who are registered for permanent residence in a municipality of Solothurn.**

**2. The Voting Rights Domicile in Federal, Cantonal, and Regional Matters Is Located in the Resident Municipality Where the Eligible Voter Is Entitled to Vote (Political Residence).**

The Right to Vote

1. Any person who is authorized under the Federal Act on the Political Rights of Swiss Citizens Abroad to exercise political rights in federal matters may also exercise these rights in cantonal matters.

2. The conditions and procedures are governed by the Federal Act on the Political Rights of Swiss Citizens Abroad and by this Act.

The Right to Vote

1. Except for Swiss citizens abroad, anyone who is eligible to vote is eligible for election.

2. Specific eligibility requirements remain reserved.

**The Organization of Elections and Voting - The Electoral Register**

1. The Electoral Register is a list of eligible voters.

The Election and Voting Organization - The Electoral Register

1. Each municipality maintains a voting register.

2. Swiss citizens abroad who are registered at the competent Swiss representation and who have applied to exercise their political rights must be recorded in the Swiss Abroad voting register.

3. The voting register must be continuously updated.

**The Organization of Elections and Voting - The Electoral Register**

1. The voting register officer is required by law to verify the voting eligibility.

2. Persons with unclear residential status must provide evidence that they are not registered in the voting register at another location where they are registered for residence or stay.

3. If the election office has valid doubts or facts are presented that could lead to exclusion from voting eligibility, it requires written evidence.

**The Organization of Elections and Voting - The Electoral Register**

1. The electoral register is open to eligible voters for inspection throughout the year at times set and published by the municipal council.

2. Copies of the electoral register, which are used as the basis for voting control and for issuing voting rights certificates for initiatives, referenda, and popular mandates, are not public.

The Election and Voting Organization - The Electoral Register

1. Information for vote control and voting certificates related to initiatives, referenda, and popular mandates must be destroyed once they are no longer required for official processing.

**The Organization of Elections and Voting - The Electoral Register**

1. On the day before the election, the electoral register shall be closed.

**The Organization of Elections and Voting - The Electoral Register**

1. If a person not registered in the electoral register wishes to exercise their voting rights on the voting day or a preceding day, they must submit and justify their request to the election office. The same applies if a person's eligibility to vote is contested.

2. Eligible voters who move to a municipality on the voting day or during the postal voting period must provide written proof that they have not yet exercised their voting rights for the respective election at their previous place of residence.

3. The election office shall decide without delay.

**The Election and Voting Organization - The Polling Stations** This translation ensures the preservation of the structure and formatting of the original text, along with the appropriate legal terminology.

1. Every residential, citizen, and church municipality must appoint at least one polling station.

2. A citizen or church municipality may, with the consent of the residential municipality, recognize its polling station.

**The Election and Voting Organization - The Polling Stations**

1. The municipal election offices oversee the voting process and determine the results of the polls in the municipalities.

**The Election and Voting Organization - The Polling Stations**

1. The polling stations consist of at least 3 members and 2 substitute members. The number of members and substitute members may be set higher in the municipal regulations.

2. The president of the polling station may

a) employ eligible voters from the municipality for major counting tasks;

b) supplement the polling station from among the eligible voters if it is not complete.

**The Election and Voting Organization - The Polling Stations** This translation ensures the preservation of the structure and formatting of the original text, along with the appropriate legal terminology.

1. The electoral office constitutes itself. It is convened by the president.

2. Candidates cannot serve as members of the electoral offices.

**The Election and Voting Organization - The Polling Stations**

1. The electoral office preserves the confidentiality of voting and the secrecy of the ballot and is responsible for ensuring compliance with legal provisions.

2. If its orders are not respected, it is required to seek assistance from the police if necessary. The police authorities are obliged to provide assistance. If a criminal offense is involved, the electoral office must file a criminal complaint.

**The Election and Voting Organization - The Polling Stations**

1. Municipalities with multiple polling stations shall appoint a municipal central polling office. This office determines the result of the municipality based on the voting and election records from the various polling stations.

2. Sections 17-19 are analogously applicable to the municipal central polling office.

3. The municipal council may delegate the functions of the central polling office to a polling station.

**The Election and Voting Organization - The Polling Stations** This translation ensures the preservation of the structure and formatting of the original text, along with the appropriate legal terminology.

1. The upper offices act as regional election offices. They determine the results of federal, cantonal, and regional elections and referendums, and prepare the election and referendum protocols for the district, circle, or association of municipalities.

2. The upper offices may appoint eligible voters from the administrative district if the control workload is substantial.

**The Election and Voting Organization - The Polling Stations**

1. The State Chancellery serves as the cantonal election office. It determines the results of federal and cantonal elections and referendums.

**The Election and Voting Organization - The Polling Stations**

1. The district offices exercise supervision over the electoral offices of the municipalities. They ensure that the activities of the electoral offices proceed smoothly and without delay.

2. The State Chancellery exercises the overall supervision.

**The Election and Voting Organization - The Polling Stations** This translation ensures the preservation of the structure and formatting of the original text, along with the appropriate legal terminology.

1. The canton maintains an electronic voting and election system, which is used to determine the results of elections and votes.

2. The polling offices use this system for all federal, cantonal, and regional ballot elections and votes.

3. The municipalities are authorized to use this system for municipal elections and votes as well.

4. The State Chancellery approves the use of technical devices for determining the results. It may attach specific conditions to the approval.

5. Additionally, it approves the use of ballots and voting slips suitable for automated processing, and the use of electronic reading devices.

**The Organization of Voting and Elections - The Polling Station**

1. The municipalities shall establish a polling station for each electoral office.

2. The polling station must be accessible without obstruction.

**The Election and Voting Organization - The Voting Booths**

1. In the polling station, at least one voting booth must be set up or a room designated where the eligible voters can fill out their ballot papers undisturbed and in a manner that maintains the secrecy of the vote.

**The Election and Voting Organization - The Ballot Boxes**

1. For all elections and votes under this law, ballot boxes are to be used.

**The Electoral and Voting Organization - The Voting Certificates**

1. The voting certificate entitles the holder to participate in the ballot for which it has been issued.

2. It must be submitted at the time of voting.

**The Electoral and Voting Organization - The Voting Certificates**

1. The municipal administration arranges for voting cards to be printed for each election for eligible voters. Voting cards for electronic voting must be printed in a specialized printing facility.

2. If the right to vote is recognized pursuant to § 14, the election office issues a provisional voting card.

3. The state chancellery issues instructions regarding the voting cards.

**The Electoral and Voting Organization - The Voting Certificates**

1. In the event of the loss of a voting card, a replacement card can be requested from the municipal administration.

2. The replacement card will only be issued to the eligible voter upon proof of identity.

3. The municipal administration provides the election office with a list of the names of eligible voters who have received a replacement card prior to the election or vote.

**The Election and Voting Organization - Election and Voting Material**

1. The municipal administration shall store blank proxy voting certificates, empty delivery envelopes, as well as ballot papers in a locked archive room or cabinet, to which only the persons responsible for the matter have access.

Types of Elections, Allocation of Cantonal Council Seats to Electoral Districts

1. Elections (cantonal, regional, and municipal elections) are conducted under the majority system (majority principle) unless they are required to be conducted under the proportional representation system (principle of proportionality) based on the cantonal constitution or specific legal provisions.

Types of Elections, Allocation of Cantonal Council Seats to Electoral Districts

1. The seats in the cantonal council are allocated to the electoral districts as follows: The population of the canton is divided by 100. The next higher whole number forms the distribution number. Each electoral district receives as many seats as the distribution number is contained in its population.

2. The remaining seats are allocated to the electoral districts with the largest remainders. If several electoral districts reach the same remainder, the decision is made by drawing lots.

**Preparation of Elections and Votes - Scheduling of Election and Voting Days and Convocation of Eligible Voters**

1. The designation of election and voting days and the convening of eligible voters occurs

a) by the Government Council for the

1. federal supplementary and replacement elections;

2. cantonal, regional, and municipal renewal elections;

3. cantonal replacement elections;

4. cantonal referendums.

b) by the Head of the District Authority for the

1. regional replacement elections;

2. regional referendums.

c) by the Municipal Council for the

1. municipal replacement elections;

2. municipal referendums.

2. The State Chancellery approves requests for the postponement of renewal elections.

**Preparation of Elections and Votes - Scheduling of Election and Voting Days and Convocation of Eligible Voters**

1. Eligible voters must be summoned at the latest before the election or voting day

a) for National Council elections on the 11th last Saturday, and for other proportional representation elections on the 9th last Saturday;

b)* for majority elections on the first election day on the 7th last Saturday; the second round of voting is to be scheduled simultaneously with the first. The second round of Council of States elections must take place within 5 weeks at the latest.

c) for federal, cantonal, and municipal referendums on the 6th last Saturday.

**Preparation of Elections and Votes - Scheduling of Election and Voting Days and Convocation of Eligible Voters**

1. With the convening of the eligible voters, the following must be published

a) Type, time, and location of the election or vote;

b) The registration procedure;

c) Deadlines for the submission of party election materials;

d) The date of delivery of election and voting materials to the eligible voters;

e) The period during which voting by mail is permitted;

f) For cantonal council elections: the number of seats in the respective districts as determined by the cantonal council.

2. In the case of general renewal elections, all dates must be announced at least 3 months before the first election.

**Preparation of Elections and Votes - Scheduling of Election and Voting Days and Convocation of Eligible Voters**

1. The authority or office that ordered the first round of voting shall issue the summons for the second.

The Preparation of Elections and Referendums - The Registration Procedure

1. Election proposals must be received by 5:00 PM;

a) at the State Chancellery no later than the 10th Monday before election day for federal parliamentary elections;

b) at the District Office according to the published election calendar, but no later than the 7th Monday before cantonal and regional elections;

c) at the Municipal Administration according to the published election calendar, but no later than the 7th Monday before municipal elections.

2. Only candidates who have been registered within the deadline are allowed to participate in the election.

3. The State Chancellery may adjust the deadlines for the registration and rectification process to comply with federal law.

Preparation of Elections and Voting - The Registration Procedure

1. An electoral list may contain no more names of eligible individuals than there are seats to be filled in the electoral district, and no name may appear more than twice. If an electoral list contains too many names, the excess names are removed from the end of the list.

Preparation of Elections and Voting - The Registration Procedure

1. The electoral proposals shall include: the family and first names, date of birth, profession, residential address, and place of origin of the nominees.

2. Each proposed person must confirm in writing that they accept the nomination. If the confirmation is missing, their name will be removed.

Preparation of Elections and Voting - The Registration Procedure

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

Preparation of Elections and Voting - The Registration Procedure

1. Each election proposal must be signed in handwriting by a minimum number of eligible voters with political residency in the electoral district. The minimum number is twice the number of seats to be allocated in the district. The signature requirement does not apply to parties that were exempt from providing signatures in the last National Council elections.

2. An eligible voter may not sign more than one election proposal. The signature cannot be withdrawn after the submission of the election proposal.

The Preparation of Elections and Voting - The Registration Procedure

1. The signatories must designate a representative and a deputy. If they fail to do so, the first and second signatories shall be considered as the representative and the deputy, respectively.

2. The representative, and if they are hindered, the deputy, are authorized and obliged to issue legally binding declarations on behalf of the signatories that are necessary for the resolution of disputes.

Preparation of Elections and Voting - The Registration Procedure

1. The form provided by the State Chancellery must be used for the submission of election proposals.

2. A certificate of voting rights from the municipality of residence must be attached for each candidate. Exempt from this requirement are current members of the council.

Preparation of Elections and Voting - The Registration Procedure

1. If a position is vacant, it must be advertised.

2. The advertisement takes place before or together with the convening of the election. The advertisement for the District Court Presidency must specify the employment level.

3. The registration deadline must be set at the latest on the 5th last Monday, 5:00 PM, before the election day.

Preparation of Elections and Voting - The Registration Procedure

1. The tender may be repeated if it has not yielded a satisfactory result.

The Preparation of Elections and Voting - The Registration Procedure

1. For a majority vote election, only one nomination per person may be submitted; all additional nominations are invalid. The nominations must be submitted in writing and include: last name, first name, date of birth, profession, residential address, and place of origin. They must be dated and signed by the candidate or by other eligible voters with political residency in the electoral district

a) for cantonal elections by at least 100 eligible voters;

b) for regional elections by at least 20 eligible voters;

c) for municipal elections by at least 10 eligible voters.

2. An eligible voter may not sign more than one nomination for a vacant position. The signature cannot be withdrawn after the nomination has been submitted.

3. Nominations must be submitted to the State Chancellery for cantonal majority elections, to the District Office for regional elections, and to the municipal administration for municipal elections.

4. § 40 applies to forms and voting rights certifications.

Preparation of Elections and Voting - The Registration Procedure

1. Only candidates who have registered within the deadline may participate in the election.

Preparation of Elections and Voting - The Registration Procedure

1. If there is no resignation for positions with special eligibility requirements, the announcement and application procedure for the first election round shall be omitted. Only the current incumbent is eligible to participate.

2. If no election takes place in the first round, the position must be advertised before the second round. Sections 41-44 are applicable.

3. If special eligibility requirements are not necessary, the position or office must be advertised. Sections 41-44 are applicable.

Preparation of Elections and Voting - The Registration Procedure

1. In the second round of voting, the non-elected candidates from the first round participate. Paragraph 2 remains reserved.

2. A withdrawal of candidacy must be communicated in writing to the submission office no later than Tuesday after the election day, by 5:00 PM.

3. Regardless of a withdrawal, new candidates may register for the election. Registration is conducted according to § 43 and must be submitted to the submission office by 5:00 PM on the second Monday following the election day.

4. If no person remains available for election, § 46 paragraph 4 applies.

The Preparation of Elections and Voting - The Registration Procedure

**1. In the second round of voting, candidates who were not elected in the first round participate, provided their number of votes exceeds 10% of the valid ballots. Reserved are paragraphs 2, 3, and 3bis.**

2. A withdrawal of candidacy must be communicated in writing to the submission office no later than Tuesday after the election day by 5:00 PM, and for cantonal elections by 9:00 PM. Reserved are paragraphs 3 and 3bis.

3. In the event of a withdrawal of candidacy, the party or group to which the withdrawing person committed may propose a replacement. The election proposal must be submitted to the submission office no later than Tuesday after the election day,

a) for regional elections: 5:00 PM;

b) for cantonal elections: 9:00 PM.

3bis. In the event of a withdrawal and replacement candidacy according to paragraph 3, the election proposal form "Withdrawal/Registration 2nd Round" from the State Chancellery must be used. The form includes

a) the surname, first name, and signature of the person withdrawing their candidacy;

b) the surname, first name, date of birth, profession, residential address, hometown, and signature of the replacement candidate;

c) the signature of the presiding and managing person of the party or group; the signature quorum according to § 43 is waived.

4. If no person is left in the election, the convening authority must postpone the election day, set a registration deadline for new candidates, and summon the eligible voters again for the second round of voting. The registration for the election follows § 43 and must be submitted to the submission office by the registration deadline.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. The election proposals must be publicly displayed by the submission office for inspection.

2. For the renewal elections of the municipal council, copies of the electoral lists must be publicly displayed in all municipalities.

3. The display period begins on the Wednesday morning following the submission deadline and ends on the subsequent Friday.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. Objections to the eligibility of the proposed candidates and to the voting rights of the signatories of the election proposals must be submitted in writing to the submission office during the publication period.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. The submission office examines the election proposals and, if necessary, sets a deadline for the representation of the election proposal to rectify the deficiencies.

2. If a deficiency is not rectified within the deadline, the election proposal is invalid. If the deficiency concerns only a nominated person, only that person's name will be removed.

3. If the name of a nominee appears on more than one election proposal in an electoral district or on election proposals from different electoral districts, it will be promptly removed by the submission office from the second and subsequent election proposals.

4. From the next Monday after the nomination deadline, 5:00 p.m., no election proposal can be changed.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. The submission office must immediately inform the representative of the electoral proposals of the withdrawal of candidates after the submission deadline and request them to provide replacements.

2. Those proposed as replacements must confirm in writing that they accept the nomination. If this confirmation is missing, or if the name in question is already on another electoral proposal, or if the proposed person is not eligible to be elected, the replacement proposal will be deleted.

3. If no replacement proposals are submitted by 5:00 PM on the next Monday after the election registration deadline, only the validly proposed candidates will remain in the election.

4. A replacement proposal is void if the required minimum number of valid signatures is not reached.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. The final electoral proposals are called lists.

2. The lists shall be assigned ordinal numbers according to the order of receipt in the electoral district.

3. The superior administrative office must immediately notify the state chancellery in writing of the lists for the cantonal council elections after they have been finalized.

4. The lists with their designations and ordinal numbers must be published.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. Within an electoral district, two or more lists may be combined through a mutual declaration by the signed eligible voters or their representatives, no later than the end of the rectification period (§ 49 para. 4). Within a list combination, only sub-list combinations are permissible.

2. Sub-list combinations are only valid between lists with the same designation, which differ solely by an addition indicating gender, factional alignment, region, or age.

3. List and sub-list combinations must be indicated upon the publication of the lists and noted on the ballots with a preprinted form.

4. Declarations regarding list and sub-list combinations cannot be revoked.

The Preparation of Elections and Votes - The Review and Publication of Election Proposals

1. In majority elections, the registration office must verify whether the nominated candidates meet any eligibility requirements. The names of the candidates must be published.

2. In municipal officer elections, the municipal council may make voting recommendations. Candidates who are not recommended retain the right to participate in the election.

The Preparation of Elections and Referendums - Ballot Papers

1. The canton shall produce ballots for cantonal and regional elections by ballot. These are equivalent to cantonal data recording forms for electronic data processing.

2. For elections in associations of municipalities and circles, the association or circle shall produce the ballots.

3. For municipal elections, the municipality shall produce the ballots.

4. The first signatories of election proposals and candidates may obtain additional ballots at cost price. These are not sent with the mailing envelope.

**The Preparation of Elections and Votes - The Ballot Papers**

1. The information on the ballot corresponds to that of the list.

2. The ballots contain the designation of the election, a list designation, any potential list connections, order and candidate numbers, possibly check digits, details about the candidates, and blank lines. The number of blank lines is derived from the difference between the mandates to be filled and the number of proposed candidates.

3. The ballot without a party designation contains as many blank lines as there are mandates to be filled.

**The Preparation of Elections and Votes - The Ballot Papers**

1. For majority elections, a blank ballot paper and an information sheet with the candidates are prepared.

**The Preparation of Elections and Votes - The Ballot Papers**

1. The State Chancellery prepares ballot papers for cantonal and regional votes.

2. For votes in associations of municipalities and districts, the association or district prepares the ballot papers.

3. For municipal votes, the municipality prepares the ballot papers.

Preparation of Elections and Votes - The Ballot Papers

1. The State Chancellery provides the municipalities with the ballots and voting papers to be produced by the canton, free of charge, by the fifth Monday preceding the election and voting day.

2. For runoff elections, the deadline is set by the convocation authority.

**Preparation of Elections and Voting - Designation Envelopes**

1. The delivery envelopes must not contain any information about the eligible voters.

2. The State Chancellery issues directives regarding the delivery envelopes.

The Preparation of Elections and Voting - The Delivery of Official Election and Voting Materials

1. The official voting and election material consists of the official election and voting ballots, the delivery envelope with the voting certificate, as well as any possible messages.

The Preparation of Elections and Voting - The Delivery of Official Election and Voting Materials

1. The municipal communities shall provide the official voting and election materials to the eligible voters.

1bis. If second rounds of voting take place within 5 weeks after the election day, the election material must be delivered by A-post or courier.

2. Propaganda material related to voting issues must not be distributed.

3. The voting and election materials for eligible voters abroad are sent by the cantonal document administration.

The Preparation of Elections and Voting - The Delivery of Official Election and Voting Materials

1. The official voting and election materials must be delivered to the voters no later than the fourth last Saturday before the election and voting day. For second rounds of voting, the convening authority determines the delivery deadline; the deadline for postal voting may be shortened to one week.

2. A different date must be specified in the convocation for the ballot.

3. If the voting and election materials, despite being dispatched on time in Switzerland, arrive too late with the eligible voter abroad or if the delivery envelope arrives too late with the voting municipality, no legal consequences can be derived from this.

Electoral Campaign Materials of Parties, Groups, Candidates, and Nominees

1. The municipal communities are obligated to distribute election campaign materials, that are submitted to them in a timely and proper manner for the federal, cantonal, regional, and municipal elections, to the eligible voters free of charge. No campaign materials will be sent for the second rounds of the Council of States elections.

2. The same obligation applies, within the scope of their own elections, to the civic and church communities.

Electoral Campaign Materials of Parties, Groups, Candidates, and Nominees

1. The right to distribute a prospectus through the municipalities is accorded to each political party or grouping that has submitted a list in proportional elections. In majority elections, this right is accorded to the candidates themselves or their party or grouping.

Electoral Campaign Materials of Parties, Groups, Candidates, and Nominees

1. Election campaign material must be submitted to the municipal administrations by the last Monday before the election day at the latest, by 12:00 noon.

1a. A different deadline must be specified in the convocation for the referendum.

2. Election campaign material submitted late will not be sent.

Electoral Campaign Materials of Parties, Groups, Candidates, and Nominees

1. The election campaign materials must be delivered to the eligible voters no later than the fourth last Saturday before the election day.

2. A different date must be specified in the convocation to the ballot.

Electoral Campaign Materials of Parties, Groups, Candidates, and Nominees

1. The Executive Council may issue regulations establishing guidelines for the placement of election and voting posters without the need for a permit.

Silent Elections - Proportional Elections

1. If, in proportional representation elections, only one valid list is submitted, or if the total number of proposed candidates on all lists does not exceed the number of positions to be filled, the proposed candidates shall be considered elected by acclamation. The voting process shall be omitted.

Silent Elections - Proportional Elections

1. The electoral office determines the occurrence of uncontested elections.

2. The result must be communicated and published with the designations of the lists and the names of the elected representatives of the electoral proposals.

Silent Elections - Majoritarian Elections

1. If in majority elections during the nomination period for the second ballot no more candidates are proposed than positions to be filled, the proposed candidates are considered elected by acclamation; the scheduled second ballot does not take place.

Silent Elections - Majoritarian Elections

1. If during the registration period for the elections for magistrates and justices of the peace, no more candidates are proposed than there are positions to fill for the first and second voting rounds, the proposed candidates are considered elected by acclamation; the scheduled voting round does not take place.

2. Municipalities may designate in the municipal regulations those majority elections in which the sole proposed candidate is elected by acclamation instead of a first voting round. § 69 applies mutatis mutandis in these cases.

Silent Elections - Majority Elections

1. The submission office establishes the occurrence of silent elections.

2. The result must be communicated to the elected individuals and published with their names.

The Exercise of Voting Rights - The Completion and Amendment of Ballots by Eligible Voters

1. Eligible voters must use official ballots for voting.

2. Ballots must be filled out or amended by eligible voters in handwriting.

The Exercise of Voting Rights - The Completion and Amendment of Ballots by Eligible Voters

1. The eligible voters can answer the first and second questions with Yes or No, or leave them unanswered; they can also approve both proposals or reject both.

2. For the third question, the corresponding box must be checked.

The Exercise of Voting Rights - The Completion and Amendment of Ballots by Eligible Voters

1. Multiple voting shall be conducted according to the procedure with conditional contingent voting (Double-YES with a deciding question). Section 73 applies mutatis mutandis.

The Exercise of Voting Rights - The Completion and Amendment of Ballots by Eligible Voters

1. Whoever uses the ballot paper without a party designation can enter candidate names and indicate the list designation or ordinal number.

2. Whoever uses the ballot paper with a party designation can strike out pre-printed candidate names, enter candidate names from other lists (cross-voting), or strike out the pre-printed ordinal number and list designation and replace them with another.

3. Candidate names can be listed twice on the ballot paper (accumulation).

The Exercise of Voting Rights - The Completion and Amendment of Ballots by Eligible Voters

1. Only as many candidates may be elected as there are positions to be filled.

The Exercise of Voting and Electoral Rights - Jurisdiction of the Election Offices

1. In federal, cantonal, regional, and municipal elections and referenda, voting and casting of votes are carried out before the electoral offices of the resident municipalities.

2. In elections and referenda of civil and church municipalities and their associations, voting and casting of votes are carried out, subject to § 15 paragraph 2, before the municipality's own electoral offices.

The Exercise of Voting Rights - Postal Voting and Ballot Submission

1. Eligible voters may vote by mail and cast their vote as soon as they receive the official election and voting materials.

The Exercise of Voting Rights - Postal Voting and Ballot Submission

1. Delivery envelopes must be submitted to the municipality by the last Saturday before the election or voting day. The municipality designates drop-off locations and times.

2. The municipality provides a sufficiently large and sealed election and voting mailbox, which is continuously publicly accessible during the period of postal voting and voting submission.

The Exercise of Voting Rights - Postal Voting and Ballot Submission

1. To vote or cast a ballot by mail, proceed as follows

a) the ballot papers are to be placed openly in the mailing envelope;

b)* the voting certificate is to be signed;

c)* the mailing envelope is to be sealed.

2. Unofficial or unsealed mailing envelopes are considered as "not voted" or "not elected".

The Exercise of Voting Rights - Postal Voting and Ballot Submission

1. The delivery envelope can be handed over to the receiving office personally, by a third person, or through the mail.

2. After submission, the delivery envelope cannot be reclaimed.

The Exercise of Voting Rights - Postal Voting and Ballot Submission

1. The municipal administration is responsible for ensuring that the election and voting mailbox is regularly emptied, lastly at the end of the deadline for postal voting, at the time determined by the municipality.

2. It places the received delivery envelopes into a sealed ballot box until they are handed over to the election office, which is kept in a locked cabinet.

The Exercise of Voting and Electoral Rights - The Postal Voting and Ballot Submission

1. The municipality shall deliver the received delivery envelopes to the election office on the day of the first ballot opening. It shall forward the delivery envelopes received by the submission deadline to the election office.

The Exercise of Voting Rights - Postal Voting and Ballot Submission

1. The voting certificates shall be separated from the delivery envelopes in front of the assembled polling station.

2. The delivery envelopes shall be opened. The ballots and voting slips contained therein are to be stamped on the back and immediately placed unseen and unchecked into the respective ballot box.

3. The polling stations may use an equivalent mechanical process for official marking to stamp ballots and voting slips received by mail.

The Exercise of Voting and Electoral Rights - The Postal Voting and Ballot Submission

1. Envelopes without voting rights certificates, empty envelopes, or envelopes received too late are considered as "not voted or not elected."

The Exercise of Voting and Electoral Rights - The Postal Voting and Ballot Submission

1. Eligible voters who are unable to fill out the ballot paper due to physical disability may appoint another eligible voter to do so on their behalf.

The Exercise of Voting and Electoral Rights - Personal Voting and Electoral Casting

1. Elections and votes are held on Sundays from 10:00 AM to 12:00 PM. The municipal council may, with the approval of the State Chancellery, set different polling times to accommodate the habits of the eligible voters.

2. No elections or votes may take place on federal and cantonal public holidays.

The Exercise of Voting and Electoral Rights - Personal Voting and Electoral Casting

1. In elections and voting, municipalities may provide voters with the opportunity for personal voting and ballot submission by opening ballot boxes on the two days preceding the voting or election day.

The Exercise of Voting and Electoral Rights - Personal Voting and Electoral Casting

1. The election office must provide a sufficient number of official voting and ballot papers.

The Exercise of Voting and Electoral Rights - Personal Voting and Electoral Casting

1. If voting occurs on previous days, the ballot boxes must be sealed or secured with a seal by the election office after the end of each voting period and stored, along with the voter register, in a locked room and in a sealed container.

The Exercise of Voting and Electoral Rights - Personal Voting and Electoral Casting

1. Voters must have unobstructed access to the ballot box and be able to cast their ballots while maintaining voter confidentiality.

2. During the voting process, any political and commercial propaganda is prohibited in the polling station, the access areas, and the forecourt.

3. Voters are only permitted to remain in the polling station and access areas for as long as is necessary to cast their vote.

The Exercise of Voting and Electoral Rights - Personal Voting and Electoral Casting

1. For voting and casting votes, the voting certificate must be submitted, and the reverse side of the ballot papers must be presented to an election office member for stamping.

2. Subsequently, the papers are to be placed in the appropriate ballot box. This completes the voting and vote-casting process.

The Exercise of Voting and Electoral Rights

1. Voting and casting votes may be conducted electronically, provided that the technical and organizational prerequisites for a lawful implementation are fulfilled and approval is granted by the federal government.

2. The verification of voting and election eligibility, the secrecy of the vote and election, and the recording of all votes must be ensured, and abuses must be prevented.

3. The State Chancellery organizes and oversees the electronic voting and casting of votes. It can limit these spatially, temporally, and materially. The inclusion of eligible voters residing in the Canton of Solothurn occurs with the consent of the relevant municipality.

4. If a vote is cast both by mail and electronically, the first vote registered by the election office shall be considered, and the other will be disregarded.

5. The casting of a vote is invalid if it

a) does not occur in the designated form and encryption;

b) is not received by the closing of the electronic ballot box on the Saturday before the election day, 12:00 PM (CET);

c) cannot be decrypted and read;

d) is conducted fraudulently.

6. The State Chancellery is responsible for decrypting the electronic ballot box.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Election Offices

1. The results of the ballots and voting slips submitted by mail may be determined on the day before the polling day starting from 18:00 hours. The results of the electronic or in-person ballots and voting slips may be determined no earlier than the election or voting Sunday starting from 08:00 hours.

1bis. The preparation and counting work must be conducted in a room separate from the polling station.

2. The reporting of interim results and trends is not permitted.

3. Immediately after the conclusion of the voting, the results of the polling must be established.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. The ballot papers and voting slips are to be categorized into valid, invalid, and blank, and the candidate votes into valid, invalid, and blank.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. Ballots and voting papers are invalid if they

a) contain defamatory remarks or obvious markings;

b) are not placed in the correct ballot box;

c) are completed or altered by the voters in a manner other than handwritten;

d) are placed multiple times in the return envelope for an election or proposal;

e) are not stamped;

f) are not official;

g) do not contain the name of a candidate from the electoral district in proportional elections.

2. Voting papers are also invalid if they are illegible or do not clearly convey the intent of the voter.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. Invalid Candidate Votes on Valid Ballots Occur in the Following Cases

a) if a candidate's name cannot be clearly attributed or is illegible;

b)* if the vote is cast for a non-eligible person; subject to § 97bis;

c) if, in proportional elections, a candidate's name is listed more than twice.

d)* if, in majoritarian elections, a candidate's name is listed twice.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Election Offices

1. If a ballot paper contains fewer valid candidate votes than the number of mandates to be filled in the electoral district, the empty lines count as additional votes for the list whose designation or ordinal number is indicated on the ballot paper. If the designation and ordinal number are missing, or if the ballot paper contains more than one list designation or ordinal number, the empty lines are not counted (empty votes).

2. If multiple regional lists with the same designation have been submitted in an electoral district, additional votes on a ballot paper that is not labeled with the region are attributed to the list in whose region the ballot paper was submitted.

3. In the case of sub-list combinations, the additional votes are attributed to the list whose designation the ballot paper bears.

4. Names not found on any list in the electoral district are deleted. However, the votes cast for them are counted as additional votes if the ballot paper carries a list designation or ordinal number. If such a designation is missing, these votes are not counted (empty votes).

5. In the event of a discrepancy between the list designation and the ordinal number, the list designation prevails.

6. Empty votes on valid ballots occur and are to be counted as such when the ballots are submitted unfilled.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Election Offices

1. If a candidate's name appears more than twice on a ballot paper, any excess repetitions shall be struck off.

2. If a ballot paper contains more names than there are mandates to be filled, the excess names shall be struck off from the bottom up, and from right to left.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. Votes for candidates whose eligibility is nullified due to death or relocation after the registration process are counted as candidate votes.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. For every election and every voting proposal, a protocol must be drawn up in which the election office records the result.

2. The election and voting ballots must be packaged and sealed.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. In municipalities with multiple polling stations, these stations shall promptly hand over their records and sealed packages of ballots and voting papers to the central municipal election office upon completion of their duties, for the determination of the municipal result.

2. The central municipal election office is authorized, on the occasion of determining the election and voting results, to open and examine the packages of ballots and voting papers.

3. The central municipal election office shall prepare a protocol regarding the municipal result.

The Determination and Evaluation of the Results - The Determination of the Results by the Municipal Electoral Offices

1. Upon the determination of the municipal election results, the central municipal election office, or where none exists, the municipal election office, shall immediately hand over the protocols and the sealed packages of ballots and voting papers to the District Office or, in municipal matters, to the municipal administration for safekeeping.

2. The protocols of the municipal council and municipal officers' elections are to be handed over to the District Office for safekeeping.

The Determination and Evaluation of Results - The Determination of Results by the Higher Office and the State Chancellery

1. The superior office is required to prepare a protocol regarding the district and, if applicable, the office results.

1. Determination and Evaluation of Results - The Determination of Results by the Upper Office and the State Chancellery

1. The district office submits the records of federal and cantonal elections and referendums to the state chancellery for the determination of the cantonal result and for safekeeping, while those of the regional elections remain at the district office for safekeeping.

2. The sealed packages of ballots and voting slips remain at the district office for safekeeping.

The Determination and Evaluation of Results - The Determination of Results by the Higher Administrative Office and the State Chancellery

1. In federal and cantonal elections and referendums, the State Chancellery determines the cantonal result based on the district results.

2. A recount will only occur in the case of a very close election or referendum result if irregularities are credibly demonstrated, which are of a nature and scope capable of significantly influencing the outcome.

The Determination and Evaluation of the Results - The Verification of the Election and Ballot Packages

1. The district offices and the state chancellery are entitled to inspect the election and ballot packages.

2. The inspection must be conducted in the presence of two eligible voters who do not belong to the same party.

3. The inspection and correction of the result must be recorded in the protocol.

4. The election and ballot packages must be sealed after the inspection.

The Determination and Evaluation of Results - Reporting the Results of Federal and Cantonal Elections and Referendums

1. The notification procedure is to be governed by the enforcement regulation.

1. The Determination and Evaluation of Results - The Evaluation of Results

1. In federal elections, the State Chancellery determines the number of mandates assigned to each list and the number of votes each candidate receives. In cantonal and regional elections, this responsibility falls to the Chief Administrative Office, and for municipal elections, it is the Municipal Elections Office or, if applicable, the Central Municipal Elections Office.

1. The Determination and Evaluation of Results - The Evaluation of Results

1. The total number of valid party votes for all lists is divided by the number of seats increased by one. The next higher whole number is called the distribution number.

2. Each list is allocated as many mandates as the distribution number is contained in its number of votes.

1. The Determination and Evaluation of Results - The Evaluation of Results

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

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

b) The next seat shall be allocated to the list with the highest quotient.

c) If multiple lists have the same claim to the next seat due to the same quotient, the seat shall be allocated to the list that achieved the highest remainder in the division according to § 107.

d) If several lists still have the same claim, the seat goes to the list with the highest number of party votes.

e) If multiple lists still have the same claim, the seat shall be awarded to the list where the candidate under consideration 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 drawing lots.

2. This procedure shall be repeated until all seats are allocated.

1. The Determination and Evaluation of Results - The Evaluation of Results

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

2. The mandates for the individual list of the group shall be distributed according to Sections 107 and 108. Section 96 paragraphs 2 and 3 remain reserved.

1. Determination and Evaluation of Results - Evaluation of Results

1. If no lists are available, any eligible person may be voted for. The individuals with the highest number of votes are elected.

2. If the ballot without a party designation contains more names than positions to be filled, the last names will be struck off.

3. Otherwise, the provisions regarding the majority voting system apply.

1. Determination and Evaluation of Results - Evaluation of Results

1. On each list, the candidates who have received the most votes are elected.

2. The non-elected candidates on a list become substitute members in the order of their number of votes.

3. In the event of a tie, the decision regarding the election and the order among the substitute members is made by drawing lots.

1. Determination and Evaluation of Results - Evaluation of Results

1. If a list is allocated more mandates than there are candidates, the submission office must request the representation of the list's signatories to designate substitute candidates within a reasonable period.

2. In this case, § 127 applies mutatis mutandis.

1. The Determination and Evaluation of Results - The Evaluation of Results

1. In majoritarian elections, the absolute majority is required in the first round of voting.

2. When calculating the absolute majority, blank votes are taken into account. The total number of valid and blank votes is divided by the number of positions to be filled, and the result is halved; the next whole number constitutes the absolute majority.

3. The candidates who have achieved the absolute majority are elected. If more candidates achieve the absolute majority than there are positions to be filled, the candidates with the highest number of votes are elected.

4. In the event of a tie, the decision is made by drawing lots.

1. Determination and Evaluation of Results - Evaluation of Results

1. If fewer candidates achieve an absolute majority than there are positions to be filled, a second ballot shall be held for the candidates not elected. In the second ballot, a relative majority is sufficient. Candidates shall be declared elected in the order of the number of votes they received, to fill the remaining positions.

2. In the event of a tie, the decision shall be made by drawing lots.

1. The Determination and Evaluation of Results - The Evaluation of Results

1. A voting proposal is approved if a simple majority, the majority of valid votes, is in favor of the proposal. In the event of a tie, the proposal is considered rejected.

2. Blank and invalid votes are disregarded.

1. The Determination and Evaluation of Results - The Evaluation of Results

1. The proposals are adopted if the majority of valid votes are in favor of adoption. The majority is determined separately for each question. Empty and invalid ballots, as well as unanswered questions on valid ballots, are disregarded in the calculation of the majority.

2. If both proposals are adopted, the result of the third question decides. The proposal that receives more votes in this question comes into force; in the event of an equal number of votes, the proposal that receives more 'Yes' votes comes into force.

3. The vote is also valid if the third question is not answered or if only the third question is answered.

Determination and Evaluation of Results - Incompatibility

1. Whoever is elected to incompatible offices or authorities must declare to the authority responsible under § 119 within 4 days whether the existence of a ground of incompatibility is acknowledged and which office will be renounced.

2. If the incompatibility is not contested and no declaration is made, the authority shall determine that the new office is considered to be renounced.

3. If the incompatibility is contested, the authority responsible under § 119 shall decide.

Determination and Evaluation of Results - Incompatibility

1. If individuals ineligible due to kinship are elected to offices or positions, the authority responsible under § 119 must initially order proceedings for the purpose of an amicable resolution.

2. If no agreement is reached, the authority must decide which election is void. In doing so, incumbent holders of full-time positions are to be confirmed first, followed by other incumbent officeholders or members of the authority. Of two incumbent officeholders or authority members, preference is given to the one who has been in office longer; of two newly elected individuals, in the case of majority elections, the one who garnered the most votes takes precedence, and in the case of proportional elections, the one who has the better result in relation to the party's list votes.

Validation of Elections, Verification of Voting Results and Publication

1. Validation of the Elections is conducted

a) for Cantonal Council and Government Council elections by the Cantonal Council;

b) for Council of States elections by the Government Council;

c) for regional elections by the head of the district office;

d) for municipal elections by the Municipal Council; in the case of extraordinary municipal organization, by the municipal parliament.

Validation of Elections, Verification of Voting Results and Publication

1. The State Chancellery declares the cantonal voting proposals as accepted or rejected based on the protocols.

2. In municipal votes, the municipal presidency certifies the voting results.

Validation of Elections, Verification of Voting Results and Publication

1. The results of the elections and the validation, as well as the voting results and the certification, are to be published.

**The Retention of Tally Sheets, Ballot and Voting Paper Packages, Election Proposals, and Protocols**

1. The tally sheets as well as the election and ballot paper packages are to be retained by the State Chancellery, the Chief Office, or the municipalities until the expiration of the appeal period or until any appeals have been conclusively resolved.

The Retention of Tally Sheets, Ballot and Voting Paper Packages, Election Proposals, and Protocols

1. In federal referendums, the preservation lasts until the results have been officially confirmed by the Federal Council.

2. In National Council, Cantonal Council, and Government Council elections, the preservation lasts until it is determined that the ballots and voting papers are no longer needed for official statistical processing.

The Retention of Tally Sheets, Ballot and Voting Paper Packages, Election Proposals, and Protocols

1. After the expiration of the retention period, the office responsible for storage must destroy the ballot papers and the packages of ballots and votes without opening them.

The Retention of Tally Sheets, Ballot and Voting Paper Packages, Election Proposals, and Protocols

1. Election proposals for proportional representation and protocols must be retained by the submitting office for the entire term of office.

Proportional Representation Procedure: Succession of Elected Substitute Members and Substitute Elections

1. If a seat filled according to the proportional representation system becomes vacant during the term of office, the submitting office must declare elected the candidate who has received the most votes among those not elected on the relevant list.

2. If the authority was appointed by acclamation at the beginning of the term, the substitute members move up in the order in which they are listed.

3. In a parish comprising members from several municipalities, where municipal council seats are distributed among the individual municipalities, a substitute member from the respective municipality replaces the vacant seat. This regulation applies analogously to regional elections.

4. A municipal substitute member, who serves when regular members are unable to do so or there are grounds for recusal, may waive the right to move up in the respective application case without losing their role as a substitute member.

Proportional Representation Procedure: Succession of Elected Substitute Members and Substitute Elections

1. If a seat cannot be filled by advancing on the list, the filing office shall request the list representative to submit a nomination within a reasonable period of time.

2. The nomination must have the approval of at least three-fifths of all still eligible signatories of the list. If the party was exempt from collecting signatures at the time of submission of the nomination (§ 38 para. 1 sentence 3), the board of the cantonal party or, in the case of municipal elections, the board of the local party that submitted the respective list may submit a nomination. If there is no longer a political group in municipal elections, the municipal council may submit a nomination.

3. The nominee shall be considered elected by acclamation.

4. If no nomination is reached in this manner, a by-election shall be held according to the majority voting system if it concerns a single mandate, and according to the proportional representation system if multiple candidates are to be elected simultaneously.

4bis. The nominees for a by-election shall be considered elected by acclamation if no more candidates are proposed for election than there are positions to be filled.

5. The names of the elected individuals shall be published by the filing office.

Proportional Representation Procedure: Succession of Elected Substitute Members and Replacement Elections

1. If, during the term of office, a seat of a substitute member appointed by the proportional representation method becomes vacant, and this substitute member serves when the regular members are unable to perform their duties or when there are reasons for recusal, then upon the request of the relevant list or the municipality, § 126 paragraphs 1 and 3 and § 127 paragraphs 1-3 and 5 are applied mutatis mutandis.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The signature sheet (form, page, or card) must include the following information

a) the municipality in which the signatories are eligible to vote;

b) the title and wording of the initiative request;

c) the date of the official publication of the initiative text;

d) the names and addresses of at least seven proponents of the initiative who are eligible to vote in the canton (initiative committee);

e) the withdrawal clause;

f) a note that anyone who falsifies the result of a signature collection is subject to criminal liability (Art. 282 of the Criminal Code).

2. The signature sheet may include additional information, notably a brief justification of the initiative request. Commercial or personal advertising is prohibited.

3. The information pursuant to paragraph 1 letters b-f and paragraph 2 must be identical on all signature sheets.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The initiative request must be registered with the State Chancellery before the commencement of the signature collection.

2. The registration must include

a) the title and the wording of the initiative request;

b) a list of the members of the initiative committee including name, first name, year of birth, and address;

c) a possible brief justification;

d) the withdrawal clause;

e) confirmations that all members of the initiative committee are eligible to vote in the canton.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The State Chancellery examines whether the proposed signature list complies with the provisions of the Constitution and this law. It communicates the result of the examination to the initiative committee.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The State Chancellery publishes the initiative petition in the official gazette.

2. If the title of an initiative petition is obviously misleading, contains commercial or personal advertising, or causes confusion, it shall be amended by the State Chancellery.

3. The published material includes the title and wording of the initiative petition, as well as the information according to § 129 paragraph 2 letter b, and the deadline by which the initiative petition can be submitted.

4. If the initiative is not submitted by this deadline, the State Chancellery announces this in the official gazette.

Popular Initiative, Popular Mandate, and Optional Referendum

1. Anyone who wishes to support an initiative petition must fill out the signature list by hand, legibly providing their last name, first name, date of birth, and address, and must append their own handwritten signature.

2. The same initiative petition may only be signed once. Signing on behalf of third parties is prohibited.

3. Only eligible voters of the specified residential municipality may sign a signature list.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The signature is only recognized if the official of the municipal community certifies that the signing person had their voting domicile in the mentioned municipality at the time the signature list was received and is entitled to vote in cantonal matters.

2. Responsible for certifying voting rights are the mayor or mayoress, the deputy mayor or deputy mayoress, the municipal clerk and their deputy or the municipal clerkess and her deputy, the voting register officer or the voting register officeress, and the documents control officer or the documents control officeress.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The official crosses out any signatures that do not meet the requirements of § 132, providing the reason.

2. The official certifies the voting eligibility of the signatories, dates and signs the certification, and affixes the official stamp or indicates their official position.

3. The certification can be issued collectively for multiple signature lists.

4. The authority must return the signature list to the submitters no later than 10 days.

Popular Initiative, Popular Mandate, and Optional Referendum

1. Municipalities wishing to support an initiative must have the signature list signed pursuant to a municipal resolution by the mayor and the municipal clerk, and attach an excerpt from the minutes.

2. The municipal resolution originates from the municipal assembly or the municipal parliament.

Popular Initiative, People's Mandate, and Optional Referendum

1. The lists of voting certificates shall be submitted collectively to the State Chancellery.

2. Submitted signature lists will not be returned and cannot be inspected.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The State Chancellery reviews whether the signature lists comply with the formal requirements.

2. It rectifies defects in the voting certificates or municipal decisions, insofar as the realization of the initiative depends on them. These defects can also be rectified after the submission deadline has expired.

3. Invalid are

a) Signatures on lists that do not comply with the formal requirements;

b) Signatures from individuals whose voting rights have not been certified;

c) Signatures on lists submitted after 18 months from the official publication of the initiative text.

4. The State Chancellery counts the valid signatures only up to the constitutionally required quorum. It determines by decree whether the initiative has been successful and publishes this in the official gazette.

5. ...

Popular Initiative, Popular Mandate, and Optional Referendum

1. An initiative is invalid if it is unlawful or if the unity of subject matter or form is not maintained.

2. If the Government Council deems the initiative invalid, it requests the Cantonal Council to declare it invalid.

3. The Cantonal Council decides.

Popular Initiative, People's Mandate, and Optional Referendum

1. If the Government Council deems the initiative to be valid, it shall inform the Cantonal Council of the initiative request.

2. It shall prepare a message and draft and submit a proposal to the Cantonal Council for the acceptance or rejection of the request, possibly for the development of a counter-proposal.

Popular Initiative, Popular Mandate, and Optional Referendum

1. An initiative may be withdrawn up to ten days after the cantonal council's decision on the acceptance or rejection of the request. Paragraph 2 remains reserved.

2. If a counter-proposal is presented to the initiative, the withdrawal of the initiative is permitted up to ten days after the final voting of the cantonal council on the initiative or the implementation decree and the counter-proposal.

3. The withdrawal declaration must be submitted in writing to the state chancellery. The withdrawal is published in the official gazette.

4. If the initiative is withdrawn, the implementation decree is omitted, and the counter-proposal is subject to a referendum as an ordinary decision of the cantonal council.

Popular Initiative, Popular Mandate, and Optional Referendum

1. In the case of an initiative and a counter-proposal, eligible voters will be presented with three questions on the same ballot paper. The questions are as follows

1. Do you want to accept the initiative “... (Title) ...” of ... ?

2. Do you want to accept the counter-proposal of the Cantonal Council of ... ?

3. If both the initiative and the counter-proposal of the Cantonal Council are accepted: Should the initiative (1) or the counter-proposal (2) come into force?

Popular Initiative, Popular Mandate, and Optional Referendum

1. Federal law shall apply mutatis mutandis as a supplementary measure.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The global budget initiative aims to amend a multi-year global budget, approved by the Cantonal Council, in a certain direction for the next global budget period.

2. Valid global budget initiatives must also be formulated if the Cantonal Council rejects them. The Council is bound to the objective of the request. It ensures a balanced performance relationship within the state budget and can adjust services in other areas.

3. In its proposal to the public, the Cantonal Council can request a change in the tax rate. The surcharge applies for the entire duration of the global budget. The competence of the Cantonal Council to levy surcharges according to § 5 paragraph 3 of the Act on State and Municipal Taxes is not affected by this.

4. §§ 128 - 142 apply mutatis mutandis.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The Popular Initiative pursuant to Article 34 of the Cantonal Constitution may concern anything that can be the subject of an initiative under § 35 of the Cantonal Council Act, in particular all matters of legislation and political planning. The effect and procedure in the Cantonal Council are governed by the Cantonal Council Act and the rules of procedure of the Cantonal Council.

2. The Popular Initiative must relate to a single subject matter.

Popular Initiative, Popular Mandate, and Optional Referendum

1. Inadmissible Popular Mandates Regarding

a) the admissibility of a popular initiative or a popular mandate;

b) the reduction or elimination of an approved global budget or the budget as a whole;

c) the approved state accounts;

d) elections;

e) pardons;

f) complaints and petitions;

g) statements regarding consultations of the Government Council to federal authorities;

h) personnel matters;

i) procedural resolutions;

j) the validation of cantonal council and government council elections.

Popular Initiative, People's Mandate, and Optional Referendum

1. The signature list (sheet, page, or card) must contain the following information

a) the municipality in which the signatories are entitled to vote;

b) the wording of the petition and a brief statement of reasons;

c) the name and address of the first signatory;

d) the withdrawal clause;

e) the notice that anyone who falsifies the result of a signature collection is liable to prosecution (Art. 282 of the Criminal Code).

2. The information according to paragraph 1 letters b-e must be identical on all signature lists. Commercial or personal advertising is not permitted.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The provisions established for the initiative regarding signing, voting rights certification, submission, and verification apply correspondingly to the popular mandate.

2. The State Chancellery counts the valid signatures only until the constitutional quorum is reached and determines by order whether the popular mandate has been achieved. The order is communicated to the primary signatory.

3. If the popular mandate has been achieved, the State Chancellery transmits its order and the mandate text to the presiding committee of the Cantonal Council.

Popular Initiative, Popular Mandate, and Optional Referendum

1. Up until the commencement of deliberation in the Cantonal Council, the primary signatory may withdraw the popular mandate.

Popular Initiative, Mandate of the People, and Optional Referendum

1. Exempt from the optional referendum are Cantonal Council resolutions that

a) merely acknowledge;

b) offer recommendations for the acceptance or rejection of an initiative request;

c) enact decrees;

d)* are issued based on § 43 paragraph 4 of the Law on Performance-Oriented Administrative Management.

2. Furthermore, exempt are procedural resolutions and Cantonal Council resolutions regarding

a) the validation of the Cantonal Council and Government Council elections;

b)* ...

c) the allocation of Cantonal Council mandates to the electoral districts;

d) the establishment of election requirements for officials elected by the Cantonal Council;

e) the transfer of legislative powers to the Government Council (Art. 71 para. 2 Cantonal Constitution).

Popular Initiative, Popular Mandate, and Optional Referendum

1. The State Chancellery publishes the Cantonal Council resolution subject to the referendum in the Official Gazette. Particularly extensive resolutions are published only with the title and an indication that the full text can be inspected at the State Chancellery and the district offices.

2. The publication points to the optional referendum and the deadline for the referendum.

Popular Initiative, Popular Mandate, and Optional Referendum

1. The signature list (sheet, page, or card) must contain the following information

a) the municipality of residence in which the signatories are eligible to vote;

b) the designation of the Cantonal Council decision for which the referendum is requested (title and date);

c) the date of the official publication of the Cantonal Council decision;

d) the notice that falsifying the result of a signature collection is a punishable offense (Art. 282 of the Swiss Criminal Code).

2. The signature list may include additional information, particularly a brief justification of the referendum request. Commercial or personal advertising is prohibited.

3. The information under paragraph 1 letters b-d and under paragraph 2 must be identical on all signature lists.

Popular Initiative, Popular Mandate, and Optional Referendum

1. Municipalities that wish to invoke a referendum must have the signature list signed based on a municipal resolution by the mayor or mayoress and the municipal clerk or municipal clerkess, and attach an excerpt of the minutes.

2. The municipal resolution originates from the municipal assembly or the municipal council.

Popular Initiative, Popular Mandate, and Optional Referendum

**1. The provisions established for the initiative regarding signature, voting right certification, submission, and validation apply mutatis mutandis to the referendum.**

**2. The State Chancellery counts the valid signatures only until the constitutional quorum is reached. It determines by decree whether the referendum has come about and publishes this in the Official Gazette.**

**3. The withdrawal of a referendum is not permissible.**

**4. Federal law applies complementarily in a corresponding manner.**

Popular Initiative, Popular Mandate, and Optional Referendum

1. The voting explanations for initiatives and referendums shall include the statement from the initiating committee.

2. The State Chancellery shall determine the format and scope of the statement as well as the deadline for its submission.

3. It may reject statements, particularly if they contain defamatory, untruthful, or excessively lengthy remarks.

4. References to electronic sources may only be included in the voting explanations if the author has certified in writing that these sources do not contain illegal content and do not lead to publications of illegal content.

Popular Initiative, Popular Mandate, and Optional Referendum

1. If the referendum is successful, the question presented to the eligible voters will be: Do you accept the Cantonal Council resolution titled "... (Title)..." dated ...?

Request for Dismissal

1. The provisions established for the initiative concerning signature, voting rights certification, submission, and validation apply mutatis mutandis to the recall request according to Article 28 of the Constitution. Paragraphs 2 and 3 of § 140 apply to the withdrawal of the recall request.

Consultations

1. Consultations pursuant to Article 39 of the State Constitution (KV) are ordered by the Government Council and conducted by the competent department. The Government Council designates the recipients in each case.

2. The initiation of the consultation procedure is published in the Official Gazette. The publication includes

a) the title of the draft proposal;

b) an indication of where the draft proposal can be reviewed and obtained;

c) the date by which the statement can be submitted, and information on where the statements can be reviewed.

Appeal Process

1. Complaints against federal elections and referendums shall be submitted to the cantonal government.

2. The right to file a complaint is governed by federal law.

Appeal Process

1. An appeal can be filed with the Administrative Court against all cantonal, regional, and municipal elections and referendums. An appeal against acts of the Cantonal Council and the government is excluded.

2. An appeal can be filed

a) for the violation of voting rights (voting rights appeal);

b) for irregularities in the preparation and conduct of referendums (referendum appeal);

c) for irregularities in the preparation and conduct of elections (election appeal).

Appeal Process

1. Decisions of the Voting Offices can be contested with an election or voting appeal.

Appeal Process

1. Orders of the voting register officer are to be contested with a voting rights complaint.

Appeal Process

1. The complaint must be filed by registered mail within three days from the discovery of the grounds for the complaint, but no later than the third day after the publication of the results.

Appeal Process

1. The complaint must contain a petition, a brief presentation of the facts, and a justification.

Appeal Process

1. The State Chancellery clarifies the facts of the case and submits a proposal to the Executive Council.

2. The State Chancellery is authorized to conduct ex officio the necessary evidence collection to clarify the facts of the case and to issue the corresponding orders. For this purpose, it may have the electoral and voting ballot packages opened by the head of the district office and require the electoral and voting ballots to be included in the complaint files. Section 104, paragraph 2 applies.

3. The State Chancellery may delegate the investigation of the facts of the case, in whole or in part, to the competent district office.

4. Quarrelsome or abusive complaints will not be entertained.

5. Otherwise, the procedure is governed by the provisions of the Act on Legal Protection in Administrative Matters of November 15, 1970, and the Municipal Act of February 16, 1992.

Appeal Process

1. The administrative court has the powers mentioned in § 162 paragraph 2 and can involve the State Chancellery or the superior administrative authorities to clarify the facts of the case.

2. § 162 paragraph 4 and § 163 are applicable.

Appeal Process

1. Electoral or voting complaints shall be dismissed without further examination if the alleged irregularities, by their nature or scope, were not capable of significantly influencing the main result of the election or vote.

2. The administrative court shall generally decide within one month of receiving the complaint.

Appeal Process

1. If an election or vote is annulled, it must be repeated.

2. In cases of offenses against the popular will, the costs of the administrative procedure, the appeal procedure, and the repetition of a ballot may be imposed on the guilty party.

Appeal Process

1. If the investigation shows that valid or invalid ballots have not been properly assessed and handled by the election office, the result must be corrected, unless the election or vote must be annulled.

2. If the correction of the results of an election leads to a tie, the decision will be made by drawing lots.

3. If the correction of the results of a vote leads to a tie, the proposal is considered rejected.

Appeal Process

1. The government council may, in any case, order a review on its own initiative if there is suspicion of an electoral offense or if it becomes aware of irregularities in the election or voting process that could have influenced the result.

2. The investigating and proposing authority is the State Chancellery. It forwards criminal offenses to the public prosecutor's office.

Appeal Process

1. An appeal against the refusal to issue a voting rights certificate may be filed with the Administrative Court in writing and stating the reasons, within 10 days from the return of the signature list, but no later than on the day of the expiry of the submission deadline for the initiative, the referendum, or the recall request.

2. An appeal against decisions of the State Chancellery may be filed with the Administrative Court in writing and stating the reasons, within 10 days.

3. § 162 paragraphs 4 and 5 are applicable.

Criminal Provisions

1. Punishable by a detention of up to 10 days or a fine of up to 4,000 Swiss Francs is anyone who

a) submits an election ballot envelope without the consent of the eligible voter or under false pretenses, or fails to submit it despite having agreed to do so;

b) systematically conducts political or commercial propaganda at the polling station, in its vicinity, in the forecourt, or in an access passage to the polling station, or attempts to influence or control the voters;

c) damages, disrupts, or removes ballots or voting papers in the voting booths or in the anterooms of the polling station;

d) intentionally deposits more than one ballot or voting paper for a matter into the same ballot box.

2. Attempts and aiding and abetting are also punishable.

Criminal Provisions

1. Members of the election office may be fined up to 300 francs

a) who, without excuse, fail to attend election and voting procedures;

b) who neglect to fulfill the duties imposed on them by this law.

Criminal Provisions

1. A fine of up to 300 francs will be imposed

on anyone who does not immediately comply with the instructions of the election office.

Criminal Provisions

1. The more extensive penal provisions of federal law are applicable (Art. 279 et seq. of the Swiss Criminal Code of December 21, 1937).

Final Provisions

1. The municipal council may delegate all the powers assigned to it under this law to the municipal council commission.

Final Provisions

1. The following are repealed by this law

a) the Law on Referendums and Elections of March 2, 1980;

b) the Ordinance on the Exercise of Popular Rights of September 28, 1987;

c) all other cantonal and municipal provisions that are in conflict with this law.

Final Provisions

1. This law shall come into force at a date to be determined by the governing council following its approval by the people.

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