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120.100 WAG CH-SZ

1 Foundations and Organization, Public Fees » 12 Political Rights (WAG)

73 Articles / Provisions · Switzerland · Canton of Schwyz
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Table of Provisions (73)

§ 1 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 2 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 3 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 4 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 5 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 6 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 7 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 8 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 9 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 10 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 11 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 12 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 13 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 15 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 16 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 17 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 18 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 19 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 20 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 21 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 22 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23B Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23C Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23D Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23E Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 23F Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 24 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 25 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 26 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 27 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 28 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 29 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 30 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 30A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 31 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 32 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 33 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 34 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 35 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 36 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 37 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 38 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 39 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 40 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 41 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 42 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 43 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 44 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 44A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 44B Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 45 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 46 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 46A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 47 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 48 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 49 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 49A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 50 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 51 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 52 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 52A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 53 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 53A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 53B Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 54 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 54A Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 55 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 56 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 57 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 58 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970 § 59 Wahl- und Abstimmungsgesetz (WAG), vom 15. Oktober 1970

Statutory Text (73 Articles)

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1. Scope of Application

1 This Act applies to all popular elections and votes in federal, cantonal, district, and municipal matters for which the ballot box system has been introduced. Deviating provisions of federal law remain reserved.

2 For votes and elections that are conducted openly in districts and municipalities, the provisions of §§ 3 to 7 and 54 apply; for secret elections and votes at district assemblies and municipal assemblies, §§ 37 para. 1 lit. b to g and 49 para. 1 additionally apply.

3 The provisions of the Administrative Justice Act (VRP) of June 6, 1974, and the Judiciary Act (JG) of November 18, 2009, apply to the challenging of elections and votes, unless this Act provides otherwise.

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2. The Right to Vote

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1. Principle

The right to vote in federal matters is determined by the Federal Constitution, and in cantonal, district, and communal matters by the Cantonal Constitution.

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2. Exclusion from Voting Rights

Excluded from voting rights is any person who, due to permanent incapacity to make sound judgments, is under comprehensive guardianship or is represented by an agent holding a lasting power of attorney.

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3. Exercise of Voting Rights

1 Voting rights are exercised at the political domicile. This is located in the municipality where the eligible voter resides and is registered. Itinerants vote in their home municipality.

2 If an eligible voter deposits a certificate of residence (Heimatausweis) instead of a certificate of origin (Heimatschein) in a municipality, they acquire political domicile only if they prove that they are not registered in the electoral roll at the place where the certificate of origin is deposited.

3 If an eligible voter changes their political domicile within the last four weeks before a ballot, they will receive the voting materials for that ballot at the new domicile only upon proof that they have not already exercised their voting rights at their previous political domicile.

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4. Voting Rights of Swiss Abroad

1 Swiss citizens living abroad who have registered to exercise their political rights in federal matters are also entitled to vote in cantonal matters.

2 They exercise their right to vote in the municipality they have chosen as their voting municipality for the exercise of political rights in federal matters.

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5. Eligibility

1 In principle, any person entitled to vote in the canton who has been validly

nominated is eligible to be a member of the Council of States, a cantonal

authority, or an authority of a district or a municipality.

2 Special eligibility requirements remain reserved, particularly for election to the

Government Council and for members of the courts.

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6. Incompatibility

Spouses, persons in a registered partnership, or persons related by blood or marriage in a direct line, or up to and including the second degree in a collateral line, may not simultaneously be members of the Cantonal Government (Regierungsrat).

3. Electoral Register and Voting Card

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1. **Electoral Register**

a) Content and Maintenance

1 The municipality maintains an up-to-date register of all persons entitled to vote in federal, cantonal, district, and municipal matters. The Municipal Council designates an official body responsible for maintaining the electoral register.

2 Before an election or referendum, entries must be made by the fifth day preceding the election or referendum day, provided it is established that the conditions for participation on the voting day are met.

3 The Government Council may issue regulations on the uniform maintenance of electoral registers; it may also transfer the maintenance of the electoral register for Swiss citizens abroad entitled to vote to the municipality of Schwyz or have it centrally maintained by the cantonal administration.

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b) Inspection

Eligible voters may inspect the voters' register during the 30 days preceding each ballot.

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c) Right to object

1 Any person entitled to vote may object that persons entitled to vote are not registered in the electoral roll or that persons not entitled to vote are registered therein.

2 Such objections must be lodged with the Municipal Council.

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d) Data Disclosure

1 Political parties and public law corporations within the meaning of

Article 75 of the Cantonal Constitution may request municipalities to provide them

once a year with the name, address, and year of birth of eligible voters.

2 The use of this data for commercial purposes is prohibited.

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2. Voter Identification Card

The municipal chancery sends all voters registered in the voters' register a voter

identification card along with the official ballot papers or voting papers, as well as

with the other documents necessary for casting a vote.

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4. The Organization and Preparation of Elections and Referendums

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1. Order

a) Dates

aa) for federal and cantonal polls

1 The Government Council designates the dates for the renewal elections to the Council of States, the Cantonal Council, and the Government Council, as well as the dates for by-elections to these authorities and to the National Council during a term of office.

2 The Government Council sets the popular votes on cantonal substantive proposals.

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bb) For other ballot votes

1 The Cantonal Council sets the dates for the general renewal elections of the

members of the Cantonal Court to be elected by the districts, as well as for the district

and municipal authorities.

2 By-elections during the term of office and all votes on substantive matters of

the districts and municipalities shall be scheduled by the district and municipal councils themselves within

a reasonable period.

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cc) for by-elections

1 By-elections to the Council of States, the Cantonal Council, and the Government Council must be held no later than six months after the vacancy occurs.

2 A by-election may not be ordered for any office before it has become vacant due to death or resignation.

3 By-elections to the Council of States, the Cantonal Council, and the Government Council will be dispensed with if the vacancy occurs no more than six months before the ordinary elections.

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b) Announcement

1 Every ballot shall be announced at least six weeks in advance in the official gazette or

in the customary local manner. For elections and referendums

under § 16, the publication is incumbent upon the Government Council; for elections and referendums

under § 17, it is incumbent upon the District or Municipal Council.

2 The publication for elections must include

a) the date of the election and, for majoritarian elections, the date of any potential run-off

election

b) the authorities to be appointed or completed and the seats to

be filled

c) the deadline for the submission of nominations for the first ballot

and for any potential run-off election;

d) a reference to the obligation to disclose funding and affiliations

in accordance with the Transparency Act of 6 February 2019.

3 The publication for referendums must include

a) the date of the referendum

b) the subject matter or subject matters of the referendum;

c) a reference to the obligation to disclose funding in accordance with the Trans-

parency Act of 6 February 2019.

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2. Preparation

a) Materials

1 The Canton shall provide the municipalities with all necessary printed materials (ballot papers, envelopes, ballot papers, protocols) for elections and referendums ordered by the Government Council. Excluded are the ballot papers for the Cantonal Council elections and for the renewal elections of district and municipal authorities. For other elections and referendums, the authority ordering them shall procure the materials.

2 The State Chancellery shall prepare a short voting guide before each cantonal general election, which shall be sent to eligible voters together with the ballot papers.

3 The municipal chancelleries shall dispatch the documents required for voting in such a way that all eligible voters receive them

a) for referendums, no later than three and no earlier than four weeks before the polling day;

b) for elections, no later than ten days before election day.

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b) Polling Places

1 Every municipality shall procure at least one suitable polling place in the main town for each election.

2 Polling places are suitable if they enable voters to maintain the secrecy of their vote and ensure free access to the ballot box.

3 The municipal councils may, in particular, deploy mobile ballot boxes for hospitals, as well as for nursing homes and homes for the elderly.

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c) Ballot Boxes

Each municipality shall procure for each polling station a sturdy, lockable ballot box,

the slot of which shall be designed in such a way that nothing can be removed from the closed ballot box.

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d) Election and Voting Office (Commission)

1 The Municipal Council appoints vote counters for the conduct of each election or

vote, or for an entire term of office, who together form the Election and Voting

Office.

2 It shall consist of at least

a) the Municipal President or a deputy;

b) two further members of the Municipal Council;

c) the Municipal Clerk, their deputy, or the electoral register officer,

who does not need to be eligible to vote.

They form the committee of the Election and Voting Office. If this committee cannot

be properly constituted, a non-recused member of the Municipal Council shall

appoint substitute members.

3 The Municipal Council may supplement the Election and Voting Office with

additional persons. The boards of political parties or 20 eligible voters each are also

authorized to designate, no later than ten days before election and voting Sunday,

one member each for the Election and Voting Office, who shall participate in the

determination of the result in the same way as the other vote counters.

4 The members of the Election and Voting Office are subject to election and

voting secrecy.

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3. Nomination Procedure for Majority Elections;

a) Nominations

1 The authority ordering an election shall set the deadline for the submission of

nominations and designate the body responsible for receiving them.

2 Persons nominated for election must be precisely identified with their surname and first name,

year of birth, profession, residential address, and, if applicable, their affiliation

with a political party or other organization.

3 Nominations may only contain names of eligible persons and at most as many

names as there are seats to be filled.

4 If an eligible person appears on several nominations, the submission body shall

request them to declare on which nomination their name should remain. If no declaration is

made, the president of the election and voting office shall decide by lot. On the other

nominations, this name shall be struck.

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b) Signature, Representation

1 The nomination proposals must be signed by the nominated persons and by the

following minimum number of eligible voters from the electoral district

a) Elections to the Council of States and the Government Council: 50 eligible voters;

b) Other majoritarian elections: five eligible voters per full thousand inhabitants

of the electoral district (reference date 1 January of the election year), but at

least five and at most 25 eligible voters.

2 An eligible voter may sign only one nomination proposal for the same election.

3 The signing eligible voters must designate a representative for the nomination

proposal and their deputy. If they fail to do so, the first person to sign shall be

considered the representative, and the second person to sign shall be considered the

deputy.

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c) Examination, Rectification

1 The submission office examines whether the nominations meet the requirements.

2 In case of defects, a short deadline for rectification is set for the representation of the nomination.

3 If a defect is not rectified within the deadline, the nomination is invalid. If the defect concerns only one proposed person, only their name is struck.

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d) Publication, Production, Mailing

1 The municipality responsible under Article 20 shall publish the final electoral

proposals in the official gazette or in the customary local manner.

2 It shall produce an official ballot paper for each election. If several elections

take place simultaneously, a single ballot paper may be produced. This shall contain

for each election

a) with continuous numbering, the persons listed on the valid electoral proposals,

first the current office holders with the addition «current» in an order drawn

by lot by the submission office, all others with the addition «new» in an order

drawn by lot by the submission office;

b) for each proposed person, their surname and first name, year of birth,

occupation, place of residence, and where applicable, affiliation to a party or

other organization;

c) a box for ticking in front of each name.

3 The municipalities shall ensure that the official ballot paper is mailed to eligible

voters no later than ten days before election day.

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e) Second Ballot

1 Sections 23a to 23d also apply to the second ballot.

2 A person who stood as a candidate in the first ballot on an election proposal in accordance with Sections 23a et seq. but did not achieve the absolute majority is also deemed to be nominated for the second ballot, unless the candidacy is withdrawn in writing by the representation of the election proposal or by the nominated person before the deadline for the submission of election proposals.

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4. Joint Electoral District

If multiple districts or municipalities form an electoral district, the authorities are

jointly responsible for ordering and preparing the election. They can also transfer

this authority to the authority of a participating community.

5. Joint Regulations for the Conduct of Elections and Ballots

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1. Security Measures

a) Setup and Storage of Ballot Boxes

1 Before the beginning of each election or vote, the ballot boxes shall be sealed

by two members of the Election and Voting Office in such a way that, until the

overall result is determined, any opening or misuse is prevented.

2 Ballot boxes that are used multiple times must be stored in such a way that their

contents cannot be inspected or altered in the interim.

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b) Supervision of ballot boxes and order in the polling station

1 During the period when the ballot boxes can be used by eligible voters, they

shall be supervised by at least two members of the electoral and voting

office.

2 These members shall ensure that no one is hindered in the free exercise of

their voting rights or in the preservation of secrecy.

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2. Time of Elections and Ballots

a) Sunday

1 The main ballot box shall be set up for use by eligible voters in the polling station on Sunday between 10 AM and 11 AM.

2 For subsidiary ballot boxes, the Municipal Council shall determine the voting times, but no later than Sunday 11 AM.

3 Votes cast or received after 11 AM on Sunday shall not be considered.

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b) Preceding Working Days

1 The municipalities are obliged to enable early voting on at least two of the last four days before the polling day.

2 For this purpose, they shall provide an ballot box for use by the eligible voters in at least one polling station for at least half an hour, or offer eligible voters the opportunity to exercise their right to vote by postal vote at the municipal chancellery.

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3. Voting Process and Procedure

1 Eligible voters may exercise their voting right either by personally casting their

ballot papers at the polling station or by mail.

2 For eligible voters who are unable to cast their vote themselves, a member of the

election and voting office shall act in their place and according to their

instructions.

3 The Government Council shall issue more detailed provisions regarding the voting

process and procedure.

4 It may allow for electronic voting, provided that the technical and organizational

requirements for the correct recording of all votes and for the preservation of

voting secrecy are met, and abuses can be excluded.

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4. Ascertainment of the Results

a) Duty of the Election and Voting Office

1 The Election and Voting Office convenes on Sunday in the counting station for

the opening of the ballot boxes and the ascertainment of the results.

2 Anyone who is a candidate on an official ballot paper for an election is excluded from

the ascertainment of the results of that election.

3 The committee of the Election and Voting Office decides on the validity

or invalidity of the votes cast, as well as on the validity or invalidity of the

submitted ballot papers. The corresponding reason for invalidity

is noted on the documents or the ballot papers.

4 Decisions of the appeals body and the authority that

confirms the election and voting results remain reserved.

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b) Preparation for Counting and Opening the Ballot Boxes

1 A delegation of the electoral and voting office, comprising at least three members, may be

mandated to prepare the received postal votes for counting before the closing of the polls.

2 The main ballot box and any subsidiary ballot boxes will be opened in the counting

centre after the closing of the polls in the presence of at least two members of the electoral

and voting office.

3 The contents of the various ballot boxes shall be mixed before counting.

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c) Invalid Ballot

1 In the case of postal voting, the return envelope and its contents are invalid,

if

a) the voting card is not openly enclosed in the return envelope;

b) the voting card is not signed;

c) the sender of the return envelope cannot be identified;

d) the ballot papers have not been packed in the ballot envelope;

e) there are more ballot envelopes than signed voting cards in the return

envelope.

2 Unstamped ballot envelopes placed in the ballot box are also invalid.

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d) Decision in Disputes

1 In cases of doubt or dispute, the Committee of the Election and Voting Office

shall decide by majority resolution. In the event of a tie, the President shall have the casting vote.

2 Decisions can only be challenged together with the final result of the election or vote.

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e) Minutes

A record of the counting results shall be drawn up in duplicate on a form provided by the State Chancellery. It shall contain

a) the subject, place, and time of the ballot;

b) the number of persons registered in the electoral roll;

c) the number of invalid postal votes and ballot envelopes;

d) the number of valid, invalid, and blank ballot papers, the number of valid and blank votes in elections, and the outcome of the election or vote;

e) the signatures of the president and at least one other member of the election and voting office.

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f) Initial Reporting

The Election and Voting Office reports the results of all federal and cantonal elections and referendums to the State Chancellery immediately after their determination.

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g) Material

aa) Delivery and Storage

1 The municipalities must deliver the protocol on the result of the counting of federal and cantonal ballots to the State Chancellery no later than the day after the voting Sunday.

2 The used return envelopes, ballot envelopes, ballot papers, and voting cards must be packaged by the municipality in the sorting produced by the counting process and stored sealed.

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bb) Destruction and Archiving

1 The State Chancellery forwards the minutes to the authorities responsible for preserving the results.

2 Used material is destroyed by the municipalities after the election or vote has been preserved.

3 The duplicate minutes must be kept in the municipal archive.

6. Elections

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1. Principle

1 In majority elections, only an official ballot paper can be validly used for voting.

2 No ballot papers may be made available for free self-service in the polling station.

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2. Invalid and Blank Ballots

1 In all elections, the following ballots are invalid

a) ballots that contain only names of ineligible persons;

b) ballots that are filled out or altered in a manner other than handwritten;

c) ballots that contain defamatory remarks or obvious distinguishing marks;

d) ballots that are illegible or for other reasons do not indicate whom the

voter intends to elect;

e) ballots other than official ballots.

2 In majority elections, ballots on which the number of marked names exceeds the

number of persons to be elected are additionally invalid. If there are multiple elections

on the same ballot, the invalidity applies only to the election concerned.

3 If multiple ballots containing names for the same election are found in the same

ballot envelope, all of them are invalid.

4 Blank ballots are set aside separately and do not count towards the valid ballots.

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3. Ballots to be Corrected

1 The names of persons who are not eligible for election must be struck from the ballots.

2 Similarly, surplus names of persons who are eligible for election shall be struck if they appear on the ballot more often than permitted.

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4. Decision on Striking Out Names

1 The committee of the Election and Referendum Office decides on the striking

out of names on valid ballot papers; it marks its striking out as such.

2 Subject to reservation is the decision of the appeals instance or the authority

which ascertains the election results.

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5. Special Provisions for Majority Elections

**a) Principle**

1 The majority election system (Majorz) is to be applied everywhere, unless a

rule of law prescribes the proportional representation system.

2 In this system, a vote can only be cast for persons who have been validly

nominated for election in the registration procedure. Not more than one vote may

be cast for the same person in the same election.

3 Nominated persons for whom one wishes to vote must be marked with a cross (x)

in the designated box on the ballot paper. If a nominated person is marked with a

cross and simultaneously struck out, the vote is invalid.

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b) First Ballot

aa) Absolute Majority

1 In the first ballot, the person who has received the absolute majority of valid votes is elected.

2 To determine the absolute majority, the number of valid votes is divided by twice the number of seats to be allocated. The first whole number above this quotient is the absolute majority.

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bb) Outcome with surplus candidates

If, in the election of a collegiate body, more persons achieve the absolute majority than there are seats to be filled, then the persons with the highest vote counts are elected.

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c) Second Ballot

1 If in an individual election no one, or in the election of a collegial body fewer

persons than there are seats to be allocated achieve the absolute majority, a second

ballot shall be ordered.

2 In this ballot, the person who has received the most votes shall be elected.

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d) Lot in Case of a Tie

1 In the event of a tie, the lot decides.

2 The lot is drawn in the presence of at least two other members of the competent

authority or the election and voting office

a) by the State Chancellor, if the canton forms the electoral district;

b) by the District Clerk or their deputy, if a district forms the electoral district;

c) by the Municipal President or their deputy, if a municipality forms the electoral

district.

3 A record shall be kept.

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e) Uncontested Election (Stille Wahl)

1 Validly nominated persons can be declared elected by means of an uncontested

election if, by the registration deadline (§ 23a para. 1), no more persons have been

validly nominated for election than there are seats to be allocated. An uncontested

election is permissible

a) for all renewal elections in the second ballot;

b) for all by-elections in the first and second ballots.

2 The Government Council (Regierungsrat) is responsible for this declaration if the

Canton forms the electoral district, the District Council (Bezirksrat) if the district

forms the electoral district, and the Municipal Council (Gemeinderat) if the munici-

pality forms the electoral district.

3 At the same time, the authority responsible according to para. 2 shall announce

that no election will take place or only one election will take place for the remain-

ing vacant seats.

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f) Lack of Nominations

1 If no nomination is received by the end of the registration period (§ 23a para. 1),

any eligible voter who meets the election requirements can be elected.

2 For the corresponding election, the ballot paper shall have as many empty lines

with a box printed as there are seats to be filled and for which no nomination

has been submitted.

3 In such cases, eligible voters shall fill out the ballot paper by hand and simultane-

ously mark (x) the corresponding box.

7. Ballots

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1. Federal Votes

In federal votes, eligible voters exercise their right to vote using the ballot papers provided by the Federal Chancellery.

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2. Cantonal Ballots

a) General

1 For each cantonal popular vote, the State Chancellery obtains a ballot paper on which the voters are asked whether they wish to accept the proposal or the popular initiative that is being put to a vote.

2 Those who vote for acceptance write yes, and those who vote for rejection write no.

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b) In the case of an initiative and counter-proposal

1 If the Cantonal Council presents a counter-proposal to an initiative, the following

questions shall be submitted to the voters on the same ballot paper

1. Do you wish to adopt the initiative "...(Title)..."?

2. Do you wish to adopt the Cantonal Council's counter-proposal "...(Title) of..."?

3. If both the initiative and the Cantonal Council's counter-proposal are adopted

Should the initiative (1) or the counter-proposal (2) come into force?

2 Ballots on which questions (1) and (2) are answered with "Yes" or on which

one or two of the three questions are not answered are valid.

3 The initiative or the counter-proposal is adopted if the majority of valid votes are

in favour of adoption. The majority is determined separately for questions (1) and

(2). Blank and invalid ballots, as well as unanswered questions on valid ballots,

are disregarded.

4 If both the initiative and the counter-proposal are adopted, the result of the third

question shall be decisive. The proposal that receives more votes in this question

shall come into force; in the event of an equal number of votes, the proposal that

received more "Yes" votes shall come into force.

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3. District and Municipal Votes

The regulations applicable to cantonal votes apply *mutatis mutandis* to votes on factual matters concerning municipalities and districts.

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4. Concurrence of Different Votes

1 If several cantonal popular votes take place on the same day, the ballot papers

shall be joined together on perforated paper.

2 The number of votes to be considered and the results shall be determined

separately for each individual vote.

3 These provisions also apply to the concurrence of several district and

municipal votes.

4 The Government Council may also approve other appropriate procedures.

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5. Invalid and Blank Ballots

1 The following are invalid

a) Ballots with control marks;

b) Ballots that are illegible or for other reasons do not indicate the voter's

intention;

c) Ballots with defamatory or offensive content;

d) Ballots filled out by machine.

2 If multiple ballots for the same vote are found in the same ballot envelope,

all of them are invalid.

3 Blank ballots are set aside separately and do not count towards the valid

ballots.

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8. Publication, Challenge, and Ascertainment of Results

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1. Federal Elections and Referendums

1 The results of the National Council elections and the federal popular referendums

shall be published in the Official Gazette and reported to the Federal Council.

2 For this purpose, as well as for the challenging and the certification of these results, the

provisions of federal law shall apply.

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2. Cantonal Elections and Referendums

a) Publication

The results of all cantonal popular elections and popular votes are to be published in the Official Gazette.

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b) Ex officio review

1 If there are well-founded doubts regarding the correctness of a result, the

Government Council shall instruct the Cantonal Chancellery to conduct a review.

2 The municipalities are obliged to provide the Cantonal Chancellery, if necessary, with members of the

electoral and polling office for the review.

3 If only the result of individual municipalities is to be reviewed, the President of the electoral and polling office

whose report is being examined shall be invited for this purpose.

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c) Ascertainment

1 The official determination of the results (ascertainment) is carried out by

a) the Cantonal Council for the cantonal and governmental council elections;

b) the Government Council for the Council of States elections and for the cantonal popular votes;

c) the District or Municipal Council for elections and substantive votes in districts and municipalities.

2 The Government Council and the District and Municipal Councils officially determine the result of elections or votes as soon as it is established that no objections or appeals have been received, or as soon as a final decision has been made on them.

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d) Objections in Cantonal and Government Council Elections

1 Objections against irregularities in the preparation or the result of Cantonal and Government Council elections must be submitted to the Government Council within three days. The deadline for objections against irregularities in the preparation begins with the discovery of the grounds for objection, and against the result with its publication.

2 The Government Council decides definitively on objections against irregularities in the preparation of elections. If a decision can only be made after election day, jurisdiction transfers to the Cantonal Council according to para. 3.

3 The Government Council transmits objections against the results of elections, along with a report and proposal, to the Cantonal Council, which decides definitively simultaneously with the ascertainment of the results. Recourse to the Federal Supreme Court remains reserved.

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e) Objections to Elections to the Council of States

1 Objections to irregularities in the preparation or the result of elections to the Council of States must be submitted to the Government Council within three days. The deadline for objections to irregularities in the preparation of the elections begins upon discovery of the grounds for objection, and against the result upon its publication.

2 The Government Council decides definitively on objections together with the confirmation of the result.

3 The right to appeal to the Federal Supreme Court remains reserved.

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f) Appeal in Other Cases

1 Anyone who demonstrates a legitimate interest may appeal to the Administrative Court against

a) Violations of voting rights by organs of districts, municipalities, and special purpose associations;

b) Irregularities in the preparation of popular elections and referendums in districts and municipalities;

c) Results of popular elections and referendums in districts and municipalities, as well as district and municipal assembly resolutions;

d) Irregularities in the preparation and results of cantonal popular referendums.

2 The appeal period is ten days. It commences with the service of the decision, if such decision is the subject of the appeal, otherwise with the discovery of the grounds for appeal, but at the latest on the day of the assembly, election, or referendum.

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3. Grounds for Annulment

1 The result of an election or vote may not be recognized if it does not reliably and

unadulteratedly reflect the will of the voters.

2 The competent authorities shall dismiss objections and appeals without further

examination or shall uphold the result if the irregularities complained of are not,

either by their nature or by their extent, capable of substantially influencing the

outcome of the election or vote.

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4. Commencement of Office for the Council of States

1 After renewal elections, newly elected members only take their seat in the Council of States once both members have been validly elected.

2 For members of the Council of States, the term of office begins with their oath of allegiance and ends with the commencement of office of the new members.

9. Criminal Provisions

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1. Federal Criminal Law

Hindrance and disruption of elections and popular votes and other offenses

against the will of the people will be punished in accordance with the provisions of federal criminal law.

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2. Cantonal Criminal Law

The systematic collection, completion, or alteration of ballots and the

distribution of such completed or altered ballots shall be punished with a fine.

10. Final Provisions

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1. Amendment of Existing Law

The Act of 29 October 1969 on the Organisation of Municipalities and Districts

is amended as follows

Section 18

1 The municipal assembly shall be convened by customary local publication and

by sending an invitation to all households or to all eligible voters.

2 The invitation shall be sent at least ten days before the assembly, stating the

place, time, and agenda. The supporting documents for deliberations (accounts,

reports, plans, etc.) must be enclosed with the invitation.

3 The complete documents relating to the business of the municipal assembly,

insofar as they are not subject to confidentiality, shall be publicly displayed for

inspection by eligible voters at the municipal office from the date of dispatch of

the invitation.

Section 19 and Heading: Preparation

Para. 2 is repealed.

Section 32, Paras. 1 and 3 (new)

1 Any person eligible to vote in the canton is eligible for election as a municipal councillor.

3If, in a renewal election, municipal council seats with four-year and

two-year terms of office are to be filled simultaneously, the term of office for

the elected members shall be that for which they made themselves available by

signing their election proposal. If the seats with the corresponding term of office

are insufficient for this purpose, the higher number of votes among these elected

members shall be decisive; if, however, seats remain for both terms of office,

those with a four-year term of office shall be allocated among the remaining elected

members in the order of their vote count. In the event of a tie, lots shall be drawn.

Section 33, Para. 2 (new)

A by-election may be waived if the vacancy occurs not more than six months

before the general renewal elections.

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2. Repeal of Earlier Law

Upon the entry into force of this Act, all decrees conflicting with it are hereby

repealed, namely

a) the Voting Ordinance of June 27, 1922, with all subsequent amendments,

b) the Government Council Resolution of March 17, 1934, concerning the exclusion

from the right to vote in accordance with § 70 letter h of the Cantonal Constitution.

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3. Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal

Constitution.

2 It shall be published in the Official Gazette and, after its entry into force78, shall be included in the Collection of Laws.

3 The Government Council is entrusted with the enforcement. It shall determine the date of

entry into force.

1 GS 15-797 with amendments of 6 June 1974 (GS 16-472), of 27 January 1993 (GS 18-335),

of 16 September 1998 (GS 19-323), of 10 February 1999 (GS 19-358), of 25 May 2005

(GS 21-25), of 23 November 2005 (GS 21-39), of 15 February 2006 (Justice Decrees,

GS 21-61i), of 13 December 2006 (GOG, GS 21-120a), of 14 September 2011 (Introductory

Act to the Swiss Civil Code, GS 23-14b), of 25 September 2013 (KRB Adaptation to

new Cantonal Constitution, GS 23-80b), of 17 December 2013 (RRB Adaptation to

new Cantonal Constitution, GS 23-97), of 25 March 2015 (GS 24-29), of 25 October 2017

(GOG, GS 25-10b), of 14 March 2018 (KRB concerning the cooperation of the judicial authorities of the

municipalities and districts, GS 25-25a), of 6 February 2019 (TPG, GS 25-45a) and of 28 Sep-

tember 2022 (Counter-proposal to the initiative “Yes to fair majority elections – End party-

packages, GS 26-88).

2 Adopted in the popular vote of 6 June 1971 with 7,152 Yes votes against 3,973 No votes (Abl

1971 526). Amendments of 27 January 1993 adopted in the popular vote of 6 June

1993 with 16,967 Yes votes against 14,826 No votes (Abl 1993 735), of 10 February 1999 adopted in

the popular vote of 18 April 1999 with 17,996 Yes votes against 14,403 No votes (Abl 1999 621), of

25 May 2005 adopted in the popular vote of 25 September 2005 with 31,371 Yes votes

against 15,643 No votes (Abl 2005 1556), of 23 November 2005 adopted in the popular vote of

12 February 2006 with 24,402 Yes votes against 8,263 No votes (Abl 2006 274), of 25 March

2015 adopted in the popular vote of 5 June 2016 with 29,195 Yes votes against 14,788 No votes

(Abl 2016 1336), of 6 February 2019 adopted in the popular vote of 19 May 2019

with 24,713 Yes votes against 20,687 No votes (Abl 2019 1204), of 28 September 2022 adopted in

the popular vote of 12 March 2023 with 23,327 Yes votes against 10,195 No votes (Abl 2023 594).

3 Para. 2 in the version of 13 December 2006; Para. 3 newly inserted on 25 March 2015.

4 SRSZ 234.110.

5 SRSZ 231.110.

6 Repealed on 10 February 1999.

7 Version of 14 September 2011.

8 Version of 10 February 1999.

9 Version of 10 February 1999; Heading and Para. 1 in the version of 25 March 2015.

10 Para. 2 in the version of 10 February 1999; Para. 1 in the version of 6 February 2019.

11 Newly inserted on 25 September 2013.

12 Para. 1 version of 10 February 1999; Para. 3 version of 27 January 1993 and Para. 4 ver-

sion of 23 November 2005; Para. 1 in the version of and Para. 2 repealed on 25 March

2015, former Paras. 3 and 4 become Paras. 2 and 3.

13 Para. 1 version of 10 February 1999 and Para. 2 version of 27 January 1993.

14 Marginal title and Para. 2 (new) in the version of 27 January 1993; Para. 1 in the version of

25 March 2015.

15 Version of 10 February 1999; Para. 2 repealed.

16 Repealed on 27 January 1993.

17 Repealed on 10 February 1999.

18 Para. 1 in the version of 27 January 1993.

19 Para. 1 in the version of 23 November 2005; Para. 2 version in that of 10 February 1999;

Para. 3 in the version of 25 March 2015.

20 Paras. 1, 2 and 3 (new) as well as Heading version of 10 February 1999; Para. 2 lit. d and

Para. 3 lit. c newly inserted on 6 February 2019.

21 SRSZ 140.700.

22 SRSZ 140.700.

23 Version of 10 February 1999.

24 Para. 2 version of 10 February 1999; Para. 3 version of 27 January 1993.

25 Heading, Paras. 1, 2, 3 and 4 in the version of 25 March 2015.

26 Newly inserted on 10 February 1999; Paras. 2 and 4 in the version of 28 September 2022.

27 Newly inserted on 10 February 1999; Para. 2 newly inserted on 25 March 2015, former Para. 2

becomes Para. 3.

28 Newly inserted on 10 February 1999; Para. 1 in the version of 28 September 2022.

29 Newly inserted on 10 February 1999; Paras. 2 and 3 in the version of 28 September 2022.

30 Newly inserted on 10 February 1999.

31 Newly inserted on 14 March 2018.

32 Para. 1 in the version of 25 March 2015.

33 Para. 1 in the version of 25 March 2015.

34 Paras. 1 and 2 in the version of and Para. 3 newly inserted on 25 March 2015.

35 Para. 1 version of 27 January 1993; Para. 2 version of and Para. 3 repealed on 10 Feb-

ruary 1999.

36 Paras. 1 and 3 in the version of 10 February 1999; Para. 4 newly inserted on 23 November

2006; Para. 2 in the version of 25 March 2015.

37 Heading, Paras. 1 and 3 in the version of and Para. 4 newly inserted on 25 March 2015;

Para. 2 in the version of 28 September 2022.

38 Heading in the version of 10 February 1999; Paras. 1 and 2 in the version of 25 March

2015.

39 Newly inserted on 25 March 2015.

40 Heading and Para. 1 in the version of and Para. 2 newly inserted on 25 March 2015.

41 Version of 25 March 2015.

42 Version of 25 March 2015.

43 Para. 1 in the version of and Para. 2 newly inserted on 23 November 2005; Heading (List)

in the version of 25 March 2015.

44 Heading as well as Paras. 2 and 3 version of 23 November 2005.

45 Para. 2 in the version of 10 February 1999; Para. 1 in the version of 28 September 2022.

46 Heading and Para. 1 in the version of 25 March 2015; Para. 1 lit. e in the version of,

Para. 2 repealed on 6 February 2019, Paras. 3 and 4 become Paras. 2 and 3; Paras. 2 and 3 in

the version of and Para. 4 newly inserted on 28 September 2022.

47 Repealed on 25 March 2015.

48 Version of 10 February 1999; Para. 3 repealed on 28 September 2022.

49 Heading, Paras. 1 and 2 in the version of, Para. 3 repealed on 25 March 2015.

50 Para. 3 newly inserted on 6 February 2019; Paras. 2 and 3 in the version of 28 September

2022.

51 Para. 2 version of 23 November 2005.

52 Version of 10 February 1999.

53 Para. 1 version of 10 February 1999.

54 Para. 2 in the version of, Para. 3 newly inserted on 25 March 2015.

55 Newly inserted on 23 November 2005; Paras. 1 and 2 in the version of and Para. 3 newly in-

serted on 28 September 2022.

56 Newly inserted on 28 September 2022.

57 Version of 10 February 1999.

58 Heading version of 27 January 1993 and Para. 1 version of 10 February 1999.

59 Newly inserted on 27 January 1993.

60 Version of 25 October 2017.

61 Para. 3 in the version of 25 March 2015.

62 Heading, Paras. 1 and 2 in the version of, Para. 3 newly inserted on 25 March 2015.

63 Repealed on 25 September 2013.

64 Version of 25 March 2015.

65 Paras. 1, 2 and 3 in the version of, Para. 4 repealed on 25 March 2015.

66 Newly inserted on 25 March 2015.

67 Heading, Paras. 1 and 2 in the version of, Para. 3 newly inserted on 25 March 2015.

68 Heading, Paras. 1 and 2 in the version of, Para. 3 newly inserted on 25 March 2015.

69 Newly inserted on 25 March 2015.

70 Paras. 1 and 2 in the version of, Paras. 3 and 4 repealed on 25 March 2015.

71 Newly inserted on 25 March 2015.

72 Version of 15 February 2006.

73 Version of 10 February 1999.

74 SRSZ 152.100.

75 GS 10-30.

76 GS 11-241.

77 Heading, Paras. 1, 2 and 3 in the version of 17 December 2013.

78 1 July 1971 (GS 15-807); amendments of 10 February 1999 on 1 January 2000 (Abl 1999

1580), of 25 May 2005 on 1 January 2006 (Abl 2005 2075), of 23 November 2005 on

1 April 2006 (Abl 2006 466), of 15 February 2006 on 1 January 2007 (Abl 2006 2090), of

13 December 2006 on 1 July 2008 (Abl 2008 802), of 14 September 2011 on 1 January

2013 (Abl 2012 2962), of 25 September 2013 on 1 January 2014 (Abl 2013 2851), of

17 December 2013 on 1 January 2014 (Abl 2013 2974), of 25 March 2015 on 1 January 2017

(Abl 2016 2674), of 28 October 2017 on 1 July 2018 (Abl 2018 498), of 14 March 2018 on

1 January 2019 (Abl 2018 2836), of 6 February 2019 on 1 July 2022 (Abl 2022 1366) and

of 28 September 2022 on 1 April 2023 (Abl 2023 740) entered into force.

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