Ordinance on the Right to Vote and Elect (StWV) - Competent Departments (StWV)
Table of Provisions (47)
Statutory Text (47 Provisions)
1. Competent Departments are
1. the Department of Internal Affairs and Economic Affairs for Political Municipalities and Civic Municipalities, as well as serving as the appellate instance for cantonal referendums
2. the Department of Education and Culture for School Municipalities and School Commissions of Political Municipalities
3. the Department of Justice and Security for District and Circle Elections
1. Competent Authority for the Exercise of Political Rights of Swiss Citizens Abroad is the State Chancellery.
1. The electoral register must include all Swiss citizens residing in the municipality who have reached the age of 18, provided there is no ground for exclusion.
2. The registration of Swiss citizens living abroad and of individuals seeking to acquire political residence is governed by federal regulations.
1. Entries are to be deleted
1. in the event of giving up residence in the municipality
2. upon occurrence of a disqualifying reason
3. upon application by individuals who wish to acquire political residence at their place of stay according to federal law
4. in the event of death
1. The information on the voting rights certificates must enable clear identification of the eligible voters.
1. With the approval of the Political Municipality, voting cards may also be used for votes and elections of the school, citizen, or church communities.
1. Votes and Elections are Announced within a Reasonable Timeframe
1. In Federal and Cantonal Matters by the Government Council in the Official Gazette
2. In Municipal Matters by the Municipal Authority in the Locally Customary Manner
1. With the announcement of elections, it is communicated within which time frame the election proposals must be submitted to the State Chancellery or the municipal authority.
1. Messages on cantonal proposals are made electronically accessible to the public by the State Chancellery.
1. Nomination proposals, with the exception of signatures, may also be completed electronically or mechanically.
1. The State Chancellery or the municipal authority is responsible for the rectification of submitted election proposals and the preparation of lists.
2. During the rectification of election proposals, the following are removed
1. Proposed individuals who are ineligible to be elected
2. Proposed individuals who are already listed on another election proposal
3. Supporting individuals who are not eligible to vote at the time of submission
3. For each proposed individual, no more than three details regarding their profession may be listed.
1. Election proposals can be subsequently supplemented after rectification if
1. proposed individuals had to be removed,
2. the consent of proposed individuals is lacking,
3. the number of signatory voters is no longer sufficient.
2. A short deadline shall be set for the person or group that submitted the election proposal to provide supplements.
1. Electoral proposals can be inspected by eligible voters at the State Chancellery or at the municipal authority.
1. The list of names for majority elections is compiled based on the submitted nominations and designates the nominees with their surname, first name, date of birth, profession, and place of residence, as well as, where applicable, party affiliation and the designation "incumbent."
2. Regardless of the chronological receipt of the proposals, the incumbent members of the authority are to be listed first in alphabetical order, followed by the other candidates.
3. In the event of second ballots, no list of names may be sent, particularly not the one from the first ballot.
1. Deadline for Amendments to Election Proposals and Declaration of Electoral Alliances is the 62nd Day before Election Day.
1. List designations that give rise to confusion or contain incorrect information shall be corrected after consultation with the proposing person or group.
2. A party or group may submit several election proposals under the same name, which must be distinguished from each other by an additional designation.
1. List Numbers are determined by the order of receipt of electoral proposals, taking into account the following specifics
1. Proposals submitted in advance are considered as received on the first day
2. For the election of the Grand Council, proposals from the same party or group from different constituencies, submitted together, are treated as one proposal and receive the same number
2. If electoral proposals are received on the same day, the list number is determined by drawing lots.
1. The names of candidates may not be listed more than twice.
2. If an election proposal contains more names than the number of persons to be elected, the last names will be struck off.
1. The municipal authority is responsible for the voting rights certificate and the ballot envelope, while for Swiss citizens residing abroad, this responsibility lies with the canton.
2. For the remaining voting and election materials, the State Chancellery is responsible for cantonal matters, and the municipal authority is responsible for communal matters.
1. Voting and election materials are issued subsequently if eligible voters are entered into the voting register after the regular dispatch or can credibly demonstrate the loss of the documents.
2. No documents, particularly no voting and election materials, may be present in the polling station.
1. The municipality determines the times and the locations of the urns or the official office for early voting.
1. For voting by mail, the following must be sent to the municipal election office in one package
1. the voting ID card
2. a signed declaration by the voter stating that they are voting by mail
3. a ballot envelope containing no more than one voting or election ballot per voting matter or election
2. Swiss citizens living abroad must send the documents to the cantonal voting office for Swiss citizens abroad.
1. In the polling stations, the following must be set up
1. Ballot boxes for voting cards
2. Ballot boxes for ballots and voting slips
2. The ballot boxes must be clearly labeled and secured with locks, seals, or stamps. They may only be reopened for the purpose of determining the results.
1. In each polling station, there must be a sufficient number of, but at least two, members of the election office present as ballot officers during voting hours.
2. The ballot officers ensure an orderly and correct casting of votes.
3. The ballot officers of the Political Municipalities can, by mutual agreement, also be engaged by the school, civic, and church communities, as well as by the Canton, for the voting of Swiss citizens abroad.
1. The governing council may decide to conduct trials with electronic voting and make the corresponding arrangements.
2. It shall establish the procedure in accordance with the provisions of federal legislation.
1. Whoever wishes to vote electronically must register for it.
2. Registrations or deregistrations are possible before each election or vote and will be taken into account if they are made no later than eight weeks before the election or voting day.
3. All Swiss citizens abroad who are entitled to vote are considered registered for electronic voting.
1. Registered voters receive election and voting information electronically.
2. Only the voting certificate is sent by mail.
3. Eligible Swiss citizens abroad receive all voting materials by mail.
1. The government council appoints at least four members and the chairperson of the voting office for e-voting.
2. The members of the voting office oversee the process, decryption, and evaluation of electronically cast votes and perform the duties as examiners in accordance with the Federal Chancellery Ordinance on Electronic Voting (VEleS).
3. The voting office for e-voting also serves as the voting office for the votes of Swiss citizens abroad.
4. Additional persons may be involved in determining the results.
1. Individuals registered for electronic voting shall vote electronically.
2. They may vote by mail or in person, but must obtain the necessary voting materials from the municipality, presenting their voting rights certificate.
3. Swiss citizens residing abroad who are eligible to vote can cast their vote by mail, electronically, or in person.
1. The counting shall be conducted under the mutual supervision of the parties involved according to the instructions of the State Chancellery.
1. The voting and election ballots shall be separated into valid, blank, and invalid, and counted accordingly.
2. In majority elections, for ballots used in the election of multiple persons, the blank and invalid votes shall be separated and counted.
1. The following shall be struck from the ballot paper
1. Names of ineligible persons
2. Names of unidentifiable persons
3. Repeated names listed more than once in a majority vote
4. Repeated names listed more than twice in a proportional representation vote
2. If a ballot paper contains more names than the number of persons to be elected, the last names shall be struck.
3. Strikethroughs must be marked with the letter "W" for the election office.
1. The results of the count are to be recorded in the official forms.
2. The minutes of the municipalities must conform to the cantonal forms.
1. The signed minutes shall be forwarded without delay as follows
1. in federal and cantonal votes and elections, to the State Chancellery;
2. in municipal elections, to the election approval authority.
1. The State Chancellery compiles the results of federal and cantonal votes by district and determines the overall result for the canton.
2. In district and constituency elections, the State Chancellery determines the result for the individual electoral districts.
1. The unaltered ballots shall be counted separately and the resulting candidate and additional votes for each list shall be recorded.
1. The altered ballots are recorded and documented individually, with the number of candidate, additional, and blank votes per ballot always having to correspond to the number of mandates of the electoral district.
2. In the event of a discrepancy between the name and number of a candidate, the name shall prevail.
1. The total number of candidate and additional votes shall be recorded for each list.
2. The names of the candidates shall be listed in the order of the official lists.
1. In national and grand council elections, the determination of results and seat allocation is conducted by the state chancellery based on the data submitted by the municipalities.
2. In proportional representation elections at the municipal level, the election office is responsible for seat allocation.
3. The allocation number in accordance with § 55 paragraph 1 of the Voting and Electoral Rights Act (StWG) is the next highest whole number above the calculated quotient, even if that quotient is already a whole number.
1. The results of votes and elections shall be published as follows
1. for federal and cantonal elections by the state chancellery electronically and in the official gazette
2. for municipal votes and elections by ballot box by the municipal authority electronically and in the customary local manner
3. for votes and elections in the municipal assembly by announcing the results in the municipal assembly
1. If a person is elected to a position that is incompatible with other offices or activities they are undertaking, they must resolve the incompatibility themselves.
2. If they do not fulfill this obligation, the authority responsible for approving the election shall take appropriate measures.
1. In the event of incompatibility among multiple persons or in the case of a tie vote, the election office sets a short deadline for the parties involved to reach an agreement.
2. If no waiver is declared within the deadline, the election office requests the competent authority to make a decision by drawing lots.
1. The election approval is granted upon the expiration of the appeal period without any appeal being filed, or after the final resolution of any potential legal proceedings.
2. The competent authority ensures the lawful conduct of the election process, the accuracy of the result determination, and the eligibility of the elected individuals.
1. Ballots and voting cards shall be sorted and securely stored after the counting.
2. Destruction shall not take place before the expiration of three months from the date of the vote and not before the final resolution of any legal appeals or the Federal Council's formal recognition in federal votes and elections.
3. In federal and cantonal votes and elections, the State Chancellery shall order the destruction in the official gazette.
1. The Executive Council, and in the municipalities the municipal authority, declares the person succeeding according to § 60 StWG as elected.
1. The voting rights certificate is issued if the signatory is registered in the voting register on the day the signature list is submitted for certification.
2. If the voting rights certificate is denied, it must be justified with one of the following keywords or the corresponding abbreviation
1. illegible (a)
2. non-identifiable (b)
3. signed multiple times (c)
4. by the same hand (d)
5. not handwritten (e)
6. not in the voting register (f)
7. missing personal signature (g)
8. incorrect date of birth (h)
1. The signature lists must be destroyed once the decision on the initiation of the popular petition has become legally binding.