Law on the Exercise of Political Rights (LEDP) (LEDP)

1 This Law applies to cantonal and communal popular votes and elections, to the exercise of the right of initiative and referendum in cantonal matters, and to the request for the recall of the Council of State and the Municipal Council.

2 It applies to federal popular votes, to the election of the National Council, and to the exercise of the right of initiative and referendum in federal matters, subject to the provisions of federal legislation.

3 A cantonal vote or election within the meaning of this Law is one that takes place throughout the entire Canton or in the District.

4 This Law also applies to consultative votes, subject to special laws.

Right to vote in municipal matters

a) every Swiss citizen who has reached the age of eighteen and has been domiciled for three months in a Municipality of the Canton;

b) every Ticinese citizen abroad who has reached the age of eighteen and whose Municipality of vote, in accordance with federal legislation, is in the Canton.

Right to vote in cantonal matters

a) every Swiss citizen who has reached the age of eighteen and has been domiciled for five days in a municipality of the Canton;

b) every Ticinese citizen abroad who has reached the age of eighteen and whose municipality of vote under federal law is in the Canton.

Right to vote in federal matters

a) every Swiss citizen who has reached the age of eighteen, has political domicile in a municipality of the Canton, possesses political rights and does not exercise them in any other Canton;

b) every Swiss citizen abroad who has reached the age of eighteen, whose voting municipality in accordance with federal legislation is in the Canton.

1 The Municipality maintains the electoral roll of those entitled to vote in federal, cantonal, and municipal matters.

**2 The electoral roll is kept in electronic form and is constantly updated up to the fifth day before each vote or election.**

**3 Those entitled to vote in the Municipality have the right to consult the electoral roll.**

**4 The regulations govern the form, content, methods of consultation, and preservation of the electoral roll.**

1 The person entitled to vote is registered in the electoral roll of their municipality of domicile.

2 Swiss citizens residing abroad are registered in the municipality of vote determined according to federal legislation.

3 No citizen may be struck off the electoral roll of one municipality unless they are registered in that of another.

4 Written notification of registration and striking off shall be given to the citizen concerned.

1 In the event of a change of domicile, the waiting period for acquiring the right to vote in communal and cantonal matters begins on the day the citizen registers with the Municipal Council of the Commune where they intend to domicile, by signing the notification of arrival.

2 A citizen who changes domicile within the Canton during the waiting period exercises their right to vote in the Commune of their previous domicile.

The Municipality, reserving the delegation of services to the communal administration, publishes

a) the electoral roll, updated to December 31st each year, throughout the month of January, during the opening hours of the municipal chancellery, with notice on the communal bulletin board; the publication includes citizens who acquire the right to vote in the year for which the roll is prepared;

b) any variation to the electoral roll for a period of fifteen days on the communal bulletin board.

1 In cantonal elections, every Swiss citizen who has reached the age of eighteen years is eligible; provisions regarding ineligibility and exclusion from political rights are reserved.

2 An elected official not domiciled in a municipality of the Canton must establish domicile there within three months of the publication of the results.

3 Failure to comply with the deadline entails forfeiture of office.

In communal elections, every Swiss citizen who has reached the age of eighteen and has been domiciled in the municipality for three months is eligible; provisions regarding ineligibility and exclusion from political rights are reserved.

1. A citizen sentenced to a custodial sentence or a pecuniary penalty for crimes or offences contrary to the dignity of the office is ineligible; this provision does not apply to elections for the municipal council.

2. For the determination of ineligibility, convictions recorded in the extract from the criminal register in accordance with Article 371 of the Swiss Criminal Code are decisive.

3. The State Council or, in municipal elections, the Municipal Council decides on ineligibility.

Persons who, due to a lasting incapacity to make judgments, are subject to a general curatorship or are represented by a person they have designated with an advance care directive, are excluded from political rights.

1 Citizens exercise the right to vote in their municipality of domicile or, in the case of Swiss citizens abroad, in the municipality of vote defined by federal legislation, subject to exceptions established by law.

2 The Municipal Council assigns eligible voters to an electoral office; it may permit the exercise of the right to vote in another electoral office, provided that, if electoral districts are established, the vote is counted in the electoral district to which the eligible voter is assigned.

1 The Council of State convenes municipal assemblies by decree published in the Official Gazette

a) for votes, at the latest thirty days before the voting day;

b) for elections, at the latest sixty days before the election day.

2 The decree indicates the purpose of the convocation and the date of the voting operations and, in the case of an election, the number of candidates to be elected, the deadline for submitting candidate proposals, and the required documentation to be deposited.

3 The Municipal Council publishes on the municipal notice board at least thirty days before the voting or election day the date, time, and place of the voting operations.

4 No elections or votes on cantonal matters may take place in July and August.

5 The Council of State sets the date for convening the assemblies, coordinating it with other votes or elections; as a rule, votes are not combined with elections.

1 The Municipal Council convenes the assembly by means of a resolution to be published on the municipal bulletin board

a) for ballots, no later than thirty days before the day of the ballot;

b) for elections, no later than sixty days before the day of the election.

**2 The resolution indicates the purpose of the convocation, the date, time, and location of the voting operations, and, in the case of an election, the number of candidates to be elected, the deadline for submitting candidate proposals, and the documentation to be deposited.**

**3 No elections or ballots concerning municipal matters may take place in the months of July and August.**

**4 The Municipal Council sets the date of the assembly's convocation, coordinating it with other ballots or elections; as a general rule, ballots are not combined with elections.**

1. Voting and counting operations take place at the Town Hall or in other public buildings designated by the Town Hall.

2. Each polling station must have at least one booth and one ballot box.

1 Voting Material

1 The authority competent for the vote or election prepares the voting material and bears its costs, subject to paragraph 2.

2 Voting material provided by the Canton is paid for by the Canton; the costs of dispatch are borne by the Municipality.

3 In votes, the voting material comprises the ballot papers and the texts put to the vote with explanations, which must be drafted concisely and objectively.

4 In elections, the voting material comprises the ballot papers and instructions on voting procedures.

5 The State Council and the Municipal Council shall securely store the voting material.

6 The State Council may issue further regulations on voting material and its storage.

1 The municipal chancellery sends the voting material to the domicile of every person entitled to vote so that they receive it at least three and at most four weeks before the day of the vote or election.

2 In the event of an election for Mayor or a second ballot, the minimum period stipulated in paragraph 1 is reduced to ten days.

1. Voting operations take place on Sunday from 10:00 AM to noon; polling stations may be opened starting from the preceding Thursday.

2. The Municipality determines the days and hours for voting.

3. The Council of State may establish minimum opening hours for polling stations.

1 During voting operations, access to the polling stations is permitted only to those entitled to vote for the time necessary to exercise their right, to members of the electoral offices, their assistants, and delegates.

2 Any propaganda activity is prohibited within the polling stations and in their access areas.

1 The voter, before personally depositing the ballot in the ballot box, upon presenting themselves to the electoral office, declares and, if necessary, documents their identity and hands over their legitimization card.

2 The electoral office ensures that sufficient voting material is available and that the voter can complete the ballot in a polling booth.

The voter who, due to obvious physical incapacity, is unable to cast their vote alone may be authorized by the electoral office to be accompanied into the polling booth.

1. Voting by correspondence is exercised by sending the completed ballot papers, placed in the appropriate envelopes, and the filled-out and signed legitimation card, to the municipal chancellery.

2. Voting by correspondence can also be exercised by delivering the envelope to the municipal chancellery or, where the Municipality provides for it, by depositing it in the municipal mailbox.

1 The Council of State may, with the authorization of the Federal Council and in agreement with the communes concerned, permit the experimentation of electronic voting, limiting it in terms of territory, time, and subject matter.

2 Electronic voting is permitted if all effective and appropriate measures are taken to ensure that

a) only those entitled to vote can participate in the ballot (verification of voting eligibility);

b) each person entitled to vote has only one vote and can vote only once (uniqueness of the vote);

c) third parties cannot systematically and effectively intercept, modify, or divert votes cast electronically (guarantee of faithful and secure expression of the popular will);

d) third parties cannot ascertain the content of votes cast electronically (secrecy of the vote);

e) any systematic abuse can be excluded (ballot conforming to regulations).

3 The provisions issued by the Confederation concerning electronic voting shall apply by analogy also to cantonal votes and elections.

4 The Council of State shall issue the implementing provisions. It may deviate from the provisions of this law where necessary to account for the specificities of electronic voting and federal provisions.

The vote is expressed with the formula "yes" or "no" in the national languages; in the case of votes with a subsidiary question or variants, the regulations govern the modalities thereof.

1 The voter casts their vote by marking a cross in the box next to the name of the chosen candidates and, in proportional representation elections, in the box next to the name of the list; the ballot is valid even if no preferential vote is cast.

2 On each ballot, the maximum number of votes the voter may cast is equal to the number of seats to be allocated.

1. By casting a vote for a list, a vote is attributed to all candidates on that list; in the case of a ballot not marked for a specific list, for each preferential vote cast, an unallocated vote is attributed to the list to which the candidate belongs.

2. The elector may waive the attribution of the vote to the list; in this case, the ballot is valid provided that at least one preferential vote is cast for a candidate.

3. A ballot marked for more than one list is valid and considered as a ballot without a specific list mark, provided that at least one preferential vote is cast for a candidate.

4. If, on a ballot marked for a specific list, the number of preferential votes exceeds the maximum number, the preferential votes are annulled.

1 The electoral office is composed of a president, two members, and three substitute members, appointed by the Municipality with due regard for the representation of political groups among those registered in the municipal electoral roll; in case of necessity, the Municipality may call upon municipal officials, even if not registered in the municipal electoral roll.

2 During voting operations, at least two members of the electoral office must be present.

3 The offices are mandatory.

4 The regulations govern the functioning of the electoral office.

1. The Municipal Council determines, by means of a resolution to be published on the communal notice board at least thirty days before the election or vote, the number and composition of the electoral offices.

2. In elections with cantonal ballot counting, the number of electoral offices is determined by the Council of State.

3. In Municipalities with multiple offices, the Municipal Council designates the main electoral office, which is responsible for establishing the overall result for the Municipality and correcting any obvious counting errors, repeating the ballot count if necessary.

1 In the event of an election, the proposers of each list or candidacy are entitled to designate one delegate who participates in the activities of the electoral office and one substitute.

2 In the event of a ballot, this right is conferred upon the support committees established for the occasion.

3 The names of the delegate and the substitute must be notified to the president of the electoral office through the Municipality no later than ten days before the day of the ballot or election.

4 Any person registered in the electoral register of the Municipality may be designated as a delegate; in the case of a cantonal election or ballot, any person entitled to vote in cantonal matters may be designated as a delegate.

5 Delegates have the right to detect any irregularities and to have their observations and objections recorded in the minutes.

1 The electoral office directs the preparatory work and the voting and counting operations in the Municipality, ensures the regularity of these activities, securely stores the voting material, decides on questions submitted to it by delegates, and rules on the validity of ballots; decisions are taken by majority vote.

2 The electoral office may delegate preparatory work to municipal officials.

3 The electoral office keeps the minutes of the voting and counting operations and prepares the list of voters.

4 The competencies of the cantonal counting offices are reserved.

5 The electoral office may request, for the maintenance of order, the assistance of ushers and municipal agents and, if necessary, of the cantonal police.

1 In votes, elections under the majority system, and elections to the National Council, the counting of votes is carried out by the Municipality.

2 In other cases, the counting of votes is carried out by the Canton.

3 From the moment the transmission envelopes are received, the electoral office may open them to record the eligible voter.

4 On the Sunday morning of the vote, the electoral office may open the ballot envelopes containing the ballot papers and, where prescribed, number the ballot papers.

5 The counting of votes takes place behind closed doors from midday on the Sunday of the vote.

6 The State Council may issue provisions regarding the counting operations.

1 After the close of polling operations,

a) the electoral office

– carries out the counting of ballots;

– adopts decisions within its competence;

– establishes the results;

– draws up the minutes of the polling and counting operations;

– delivers the minutes and the voting material to the Municipality;

b) the main electoral office, based on the minutes of the electoral offices

– establishes the overall result in the Municipality;

– draws up the minutes;

– establishes the ranking of candidates and proclaims those elected;

– in the case of federal and cantonal elections and votes, immediately communicates the results in the manner established by the State Chancellery.

2 In the case of communal votes and communal elections with the majority system, the electoral office orders the publication of the results on the communal notice board.

3 In other cases of voting or election with communal counting, it transmits an original copy of the minutes to the authority designated by the Council of State.

4 If a main electoral office is designated, it is responsible for communicating the results to the State Chancellery and for the tasks outlined in paragraphs 2 and 3.

1 The electoral office counts the ballot papers, verifying their correspondence with the number of voters, numbers them, signals irregular ballot papers, and draws up the minutes.

2 The electoral office transmits an original copy of the minutes, the list of voters, and the voted ballot papers to the competent cantonal authority for the count.

3 An original copy of the minutes is transmitted to the Municipal Council.

1 Cantonal vote-counting offices shall consist of a president, who must be a magistrate of the judiciary, and two members; the State Council shall determine the number of cantonal vote-counting offices and appoint their members.

2 Candidates may not be part of the vote-counting offices.

3 The cantonal vote-counting office shall

– verify the minutes of the electoral offices;

– carry out the counting of ballots;

– draw up the minutes of the counting operations.

4 The State Council shall establish any other operating procedures thereof.

Except for cases falling within the jurisdiction of the Electoral Office (Art. 33 para. 2) and the Cantonal Assessment Office (Art. 37 para. 1), the Council of State

– establishes the results;

– in elections, establishes the ranking of candidates and proclaims those elected;

– issues the credentials;

– publishes the results in the Official Gazette.

1 In cases of voting on the recall request of the Council of State, elections with a cantonal count, and supplementary elections of the Council of State, the Cantonal Verification Office is constituted at the seat of the Government by three judges and one or more substitutes from the Court of Appeal designated by it, and makes use of personnel indicated by the Council of State.

2 The composition of the Cantonal Verification Office is published in the Official Gazette at least thirty days before the election.

3 In the case of an election, the proposers of each list have the right to designate a delegate who attends the activities of the office and a substitute; the representative of the list notifies the name of the delegate and substitute to the Cantonal Verification Office no later than ten days before the day of the election.

4 The delegates have the right to identify any irregularities and to have their observations and objections recorded in the minutes.

The Cantonal Scrutiny Office

– oversees the counting operations;

– decides on matters submitted to it by the cantonal counting offices and delegates;

– establishes the results;

– draws up the minutes of the counting operations;

– in elections with the proportional representation system, carries out the distribution of seats among the lists and among the electoral districts;

– establishes the ranking of candidates and proclaims those elected;

– in cantonal elections and in the vote on the recall of the Council of State, publishes the results in the Official Gazette;

– in municipal elections, orders the publication of results on the municipal notice board.

1. For each list, the number of votes is calculated, consisting of the sum of votes cast and votes not cast.

2. Votes cast consist of the sum of

– preferential votes cast in favor of the candidates on the list;

– votes attributed to all candidates on the list on the headed ballot paper.

3. Votes not cast consist of the sum of

– preferential votes allocated to the list that were not expressed; for incomplete lists, i.e., with a number of candidates lower than the number of elegible persons, for the purpose of calculating votes not cast, the number of candidates who were not proposed is also considered for each ballot paper;

– votes attributed to the list of belonging of the voted candidate on the unheaded ballot paper.

4. For each candidate, the number of votes is calculated, consisting of the sum of

– preferential votes attributed to the candidate;

– votes attributed to the candidate on ballot papers headed with their list of belonging.

5. Each ballot paper has a value equal to double the number of seats; the value of the unheaded ballot paper is reduced by the number of unexpressed votes.

Blank ballots and null ballots are not countable for the determination of the result.

1 Ballots shall be void if they

a) bear distinguishing marks or contain expressions extraneous to the voting or election;

b) are not official;

c) are illegible;

d) are completed or modified not by hand;

e) in the case of postal votes, are contained in unofficial transmission envelopes.

2 In elections under the majority system, ballots shall also be void if they

a) bear the name of a person who is not among the candidates;

b) bear a number of candidates exceeding the number of seats to be filled.

3 In elections under the proportional system, ballots that are not headed, on which no preferential vote is expressed or on which a number of preferential votes exceeding the number of seats to be allocated is expressed, shall also be void.

4 In the election of the National Council, a vote cast by inserting multiple ballots into the envelope shall be considered void.

5 The following ballots shall not be considered for the purpose of the count

a) those received by the electoral office after the close of voting operations;

b) those cast by postal vote not accompanied by the completed and signed legitimation card.

1 The publication of results in the Official Gazette and on the municipal notice board includes

a) in votes and elections

– the number of eligible voters;

– the number of voters;

– the number of valid, invalid, and blank ballots;

b) in votes

– the number of "yes" and "no" votes and, in the case of a subsidiary question or a question with alternatives, the number of votes cast for each proposal and those "without answer";

c) in elections using the majority system

– the number of votes corresponding to the absolute majority and the number of votes required for admission to the second ballot;

– the number of votes obtained by each candidate and those elected;

d) in elections using the proportional system

– the number of ballots attributed to each list and the number of unassigned ballots;

– the number of votes cast and not cast obtained by each list;

– the electoral quotient and the calculation of allocation;

– the number of seats obtained by each list;

– the allocation of seats in the electoral districts;

– the ranking of candidates with the number of votes obtained;

– those elected.

2 In elections using the proportional system, the following are also published for the entire Canton and, in municipal elections, for the entire Municipality

– for each list, the number of valid ballots, divided into unchanged ballots, ballots varied with preferences expressed only for candidates of the chosen list, ballots varied with preferences for candidates of the chosen list and other lists, ballots varied with preferences expressed only for candidates of other lists;

– for each list, the number of preferential votes attributed to every other list and received from every other list;

– for each candidate, the number of preferential votes obtained from their own and from every other list.

3 The Council of State may also stipulate that the following be published in particular

– the reasons for invalidity of ballots;

– the number of voters broken down by the method of exercising the vote;

– the number of Swiss citizens abroad eligible to vote and those who voted;

– the vote combinations in the case of a popular initiative with a counter-proposal or a question with alternatives.

4 The Council of State determines the manner of publication of the data referred to in paragraphs 2 and 3.

1 In elections with cantonal scrutiny, the voting material is kept by the Council of State or the authority designated by it, and in popular votes and elections with communal scrutiny, by the Municipality; the voting material must be securely stored and kept available to the Council of State.

2 The eligible voter has no right to examine the voting material.

3 The voting material, which includes data processed in electronic form, is destroyed after the results have become legally binding; the minutes are retained.

4 The Council of State may issue provisions on storage and destruction.

1 In elections, the submission of a list proposal and a candidacy proposal is mandatory; the proposal must indicate to which election it refers.

2 In elections with the proportional system, each proposal must bear a denomination that distinguishes it from others or from existing parties.

3 In elections with the majority system, the indication of the denomination is optional.

4 Deposited list proposals and candidacy proposals can no longer be supplemented or modified, subject to exceptions established by law.

1 The proposal must be signed

a) for municipal elections

– by five electors in Municipalities with up to three hundred electors;

– by ten electors in Municipalities with over three hundred up to one thousand electors;

– by twenty electors in Municipalities with over one thousand up to ten thousand electors;

– by thirty electors in Municipalities with over ten thousand electors;

b) for elections to the Council of States, the Grand Council, the State Council, and the Constituent Assembly by fifty electors;

c) for any other election by thirty electors.

2 The proponents must sign the proposal and personally write their surname, first name, full date of birth, and domicile.

3 An elector may not sign more than one proposal, nor withdraw their signature after submission.

4 If an elector has signed more than one proposal, their name is retained on the first proposal submitted.

1 The first proponent is the authorized representative to act and sign on behalf of the proponents and to receive official communications, with the exceptions established by law being reserved.

2 The second proponent is the substitute for the first proponent and represents the proponents if the first proponent is incapacitated.

1 No proposal may contain a number of candidates greater than the number of persons to be elected.

2 Candidates must be designated solely by surname, given name, date of birth, and domicile; the use of an acquired surname is permitted. [1]

3 The following original documents must be attached to the proposal

– the declaration of acceptance signed by the candidate;

– the criminal record extract in cantonal elections, in accordance with Article 1 paragraph 3, and in the election of the Municipal Council; the regulations shall specify the details;

– an official document indicating the number and total amount of any certificates of insolvency in the election of the Council of State and the Municipal Council; the regulations shall specify the details. [2]

4 The same candidate may not be proposed by more than one list; a candidate may not appear among the proposers of their own or another list.

5 If a candidate is proposed by more than one list or appears among the proposers of another list, their candidacy shall be struck from all lists and their name shall be struck from the proposers.

6 If a candidate appears among the proposers of their own list, their name shall be struck from the proposers.

[1] Para. amended by Law of 24.1.2023; in force since 1.7.2023 - Official Bulletin 2023, 212.

[2] Para. amended by Law of 14.3.2023; in force since 1.7.2023 - Official Bulletin 2023, 213.

1 The list proposal or candidacy proposal must be filed in original.

2 For each proposal, a declaration is issued attesting to the time, date, and progressive number of the filing.

3 At the time of filing, a cash deposit is due

– 300 francs for proposals requiring ten signatories;

– 500 francs for proposals requiring twenty and thirty signatories;

– 2,000 francs for proposals requiring fifty signatories.

4 In elections with the proportional representation system, the deposit is refunded if the list obtains at least two percent of the valid votes or if one of its candidates is elected or if the election takes place tacitly or is postponed; in elections with the majority system, the deposit is refunded if the candidate has been elected or if they are admitted to the second round of voting (runoff) or if the election takes place tacitly.

1 The Council of State or, in municipal elections, the Mayor examines the proposals and assigns to the representative of the proposers a deadline until 6:00 p.m. on the day they become definitive

a) to modify names that may lead to confusion;

b) to strike out excess candidates;

c) to deposit the security deposit and any document prescribed by law;

d) to remedy simple formal defects.

2 The failure by the representative of the proposers to correct the proposal or to deposit the prescribed documents or the security deposit within the assigned deadline results in the striking out of the proposal itself. The imperfect designation of a candidate or the failure to deposit the documents concerning them within the assigned deadline and in the form prescribed by law results only in the striking out of the candidate. If the proposal contains a greater number of candidates, the competent authority strikes out the last excess ones.

3 Decisions adopted on the basis of paragraphs 1 and 2 are considered notified at the time of their deposit in the State Chancellery or, in municipal elections, in the municipal chancellery; a copy is notified to the representative of the proposers in writing or, with their consent, in electronic form.

4 Candidates struck out ex officio cannot be replaced; the provisions for the election of the National Council are reserved.

5 In elections with the proportional representation system, if only one proposal is submitted with a number of candidates lower than the seats to be allocated, three-fifths of the proposers may complete the proposal within a period of fifteen days; the documents referred to in Article 47 paragraph 3 must be attached; if the proposal is not completed, a new date is set according to the procedure for the postponed election.

The three-fifths of the proponents or their representative expressly authorized to do so, with the consent of the candidates, may declare in writing their intention to withdraw the proposal or reduce the number of candidates solely to allow for silent election, by 6:00 PM on the second Monday following the deadline for depositing proposals.

1 List and candidate proposals become definitive at 6:00 PM on the second Monday following the day of deposit.

2 Definitive proposals are named lists.

3 The Council of State or, in municipal elections, the Municipal Council determines by lot the order of succession of the lists and, in the case of elections with the majority system, of the candidacies.

4 In the case of simultaneous elections, the list is attributed the same rank for each election.

5 The order of succession of candidates on each list is established by the proponents with the presentation of the proposal.

6 The Council of State may issue implementing provisions and provide for exceptions to paragraphs 3-5.

1 The definitive lists and candidacies, the names of the proposers, any entries appearing in the extract from the criminal record, and the number and total amount of certificates of lack of assets are published in the Official Gazette or, in the case of municipal elections, on the municipal notice board. [3]

2 They may be published in electronic form.

[3] Para. amended by L 14.3.2023; in force since 1.7.2023 - BU 2023, 213.

The Council of State regulates the procedures for submitting proposals and establishes the place and deadline for deposit.

1 If the number of candidates is equal to the number of seats to be allocated, all candidates are declared elected.

2 In elections with the majority system, candidates are declared elected even if their number is less than the number of seats to be allocated; in this case, a complementary election is called.

3 Proposals for lists and candidates, the declaration of election, and the revocation of the assembly are published on the municipal bulletin board in the case of municipal elections and in the Official Gazette in other cases.

1 If no candidacies are filed or if, in elections with the proportional system, the number of candidates is lower than the number of seats to be allocated, the election is annulled and the Council of State or, in municipal elections with the majority system, the Municipal Council sets a new date for the election and the deadline for submitting proposals; for the rest, the rules for general elections apply.

2 If the new deadline for submitting proposals expires without result, the Council of State adopts the necessary measures.

1 If a list is allocated a number of seats greater than that of its candidates, three-fifths of the proponents of the list have the right to complete it up to the number of seats attributed to it within ten days of the publication of the results; the completion proposal must be deposited with the documentation prescribed in article 47 paragraph 3. [4]

2 The publication of proposals and the proclamation of elected persons is carried out by the Council of State or, in municipal elections, by the Municipal Council.

3 If the proposals have not been completed or have been only partially completed, a supplementary election for the still vacant seats shall be called by the Council of State or, in municipal elections, by the Municipal Council.

[4] Para. modified by Law of 14.3.2023; in force since 1.7.2023 - BU 2023, 213.

1 Among the candidates on the list, those who have obtained the highest number of votes are elected, within the limits of the seats assigned to the list or to the electoral district.

2 In the event of a tie in votes that is decisive for the election, and in the event of a tie in votes among substitutes, the ranking is determined by drawing lots.

The elected member who resigns or renounces the office due to the exercise of the right of option, and the candidate who renounces succession, lose the right to succeed for the entire election period.

1. Filling Vacancies in Proportional Representation Elections

In the event of a vacancy in an office filled by proportional representation, the first of the substitute candidates is declared elected, unless they file a declaration of renunciation within a period of ten days from the notification of their subrogation; special provisions are reserved.

**2. Absence of Substitute Candidates**

If there are no substitute candidates, three-fifths of the proposers may submit a nomination proposal in the forms prescribed for the submission of proposals in the case of general elections, within a period of thirty days set for the list representative by the Council of State or, in municipal elections, by the Municipal Council.

**3. Candidates Attributed to a District**

In the case of candidates attributed to an electoral district, paragraphs 1 and 2 apply by analogy.

**4. Failure of Proposers to Designate a Candidate**

If the proposers do not exercise their right of designation, the Council of State or, in municipal elections according to Article 62, the Municipal Council calls a complementary election.

In the event of a vacancy in an office elected by the majority system, the Council of State or, in communal elections, the Municipal Council calls a complementary election.

1 The by-election of two or more members of authorities elected by proportional representation shall take place using the proportional representation system.

2 By-elections shall be held in accordance with the rules for general elections, with the following variations

a) in all elections, the electoral quota is the integer immediately superior to the result of dividing the sum of votes for all lists by the number of seats to be allocated, increased by one;

b) for the allocation of seats, Article 71 applies;

c) electoral districts are not established.

1 Supplementary elections are held under the majority system

a) for a member of authorities elected under the proportional system;

b) for members of authorities elected under the majority system.

2 Supplementary elections are held in accordance with the rules for general elections.

3 The date for communal supplementary elections under the majority system is set by the Municipal Council.

1 The absolute majority is equivalent to the number of votes which, when doubled, results in a total that exceeds the number of valid ballots by at least one unit.

2 The candidates who have received a number of votes equal to or greater than that of the absolute majority are elected; if the absolute majority has been reached by a number of candidates greater than the number of seats to be assigned, the candidates who obtained the highest number of votes are elected, until all seats have been assigned.

1 In elections with the majority system, if not all seats have been assigned in the first round, voting operations are repeated on the fourth following Sunday using the relative majority system (runoff round).

2 The Council of State shall notify eligible voters of the repeat of voting operations and the candidates participating therein by publication in the Official Gazette and, in municipal elections, the Municipal Council by publication on the communal notice board.

3 In elections with the relative majority system, candidates who have obtained the highest number of votes are elected, until all seats have been assigned.

4 Candidates who in the first round do not obtain a number of votes at least equal to five percent of the valid ballots are excluded from the runoff round; if a number of candidates not exceeding the number of seats to be assigned is admitted to the runoff round, these candidates are elected and any further seats are attributed in the runoff round, to which all other candidates are admitted.

5 If in the second voting operation a decisive tie in votes is found between two or more candidates for election, the election shall be determined by drawing lots.

1 In elections with the majority system, the candidate, three-fifths of the proponents of a list, or their representative expressly authorized to do so, may file the communication of withdrawal of candidacy by 6:00 PM on the Thursday following the Sunday of the polling operations.

2 If the number of remaining candidates is not greater than the number of seats to be assigned, the provisions for uncontested election shall apply.

1 If a candidate dies before the lists become final, their name is removed. Before the moment the lists become final, three-fifths of the proponents or the list representative may present a substitute candidate, with the documentation prescribed in Article 47, paragraph 3; if there are defects, the new candidacies are removed. [5]

2 If a candidate dies after the lists have become final, their name is removed only if requested by three-fifths of the proponents or by the list representative, provided that the printing of the voting material allows it; in this case, no candidate substitution is permitted.

3 These provisions apply by analogy also to elections with the majority system.

[5] Para. amended by L 14.3.2023; in force since 1.7.2023 - BU 2023, 213.

1. Elected officials assume office upon the issuance of the declaration of loyalty to the Constitution and the laws.

2. Upon the entry into office of the members of a newly elected authority, the outgoing members cease their function.

3. Special provisions are reserved.

1 The sum of the votes of all lists is divided by ninety. If the result is not an integer, it is rounded up to the next whole number. The number thus obtained constitutes the electoral quotient.

2 Lists that have not reached the quotient do not participate in the distribution.

3 In the first distribution, each list is assigned as many seats as the electoral quotient is contained in its total number of votes.

4 In the second distribution, the seats not yet assigned are attributed to the lists with the largest fractions. The largest fraction is constituted by the number of votes of the list minus the number of seats already assigned multiplied by the electoral quotient.

5 In case of a tie in fractions, the seat is assigned to the list that obtained the greater number of votes; if the lists with tied fractions have an equal number of votes, the seat is attributed by lot.

6 Seats not assigned in the first and second distributions are attributed to the lists with the greater number of votes.

1 To ensure regional representation, lists may subdivide candidatures into electoral districts.

2 The following districts are established

1. District of Mendrisio;

2. Municipality of Lugano;

3. Circles of Vezia, Capriasca and Taverne;

4. Circles of Agno, Magliasina, Sessa, Breno, Ceresio and Paradiso;

5. District of Locarno;

6. District of Vallemaggia;

7. District of Bellinzona;

8. District of Riviera;

9. District of Blenio;

10. District of Leventina.

3 For each electoral district, the number of votes is calculated, consisting of the votes cast and not cast in favour of the list on the ballots cast in the electoral district.

4 The sum of votes from all districts is divided by the number of seats assigned to the list. If the result is not an integer, it is rounded up to the next whole number. The number obtained constitutes the electoral quota for the distribution of seats among the districts of the list.

5 In the first distribution, each district is assigned as many seats as the electoral quota is contained in its total votes.

6 In the second distribution, the seats not yet assigned are allocated

a) if the number of seats is equal to or greater than the number of districts on the list, to the districts which, despite not having reached the quota, have collected a number of votes equal to at least one third of the electoral quota;

b) to the lists with the largest fractions; the largest fraction consists of the number of votes of the district minus the number of seats already assigned multiplied by the electoral quota.

7 Article 68 paragraphs 5 and 6 shall apply by analogy.

1 Credentials are issued by the Cantonal Verification Office.

2 In the event of succession or a supplementary election under the majority system, they are issued by the Presidential Office of the Grand Council.

1 The sum of the votes of all lists is divided by six. The integer immediately higher than the result of the division constitutes the electoral quotient.

2 In the first allocation, each list is assigned as many seats as the number of times the electoral quotient is contained within its total votes.

3 In subsequent allocations, the seats not yet assigned are attributed to the lists according to the following procedure until all seats have been attributed

a) the number of votes of the list is divided by the number of seats already assigned to it, increased by one;

b) the list that obtains the highest quotient obtains the seat.

4 In case of a tie in quotients, the seat is assigned to the list with the greater number of votes; in case of a further tie, the seat is attributed by drawing lots.

1 The candidates elected to the Council of State shall make a declaration of allegiance to the Constitution and the laws by signing the certificate delivered to them by the President of the Court of Appeal within eight days of the publication of the results or, in the case of a succession, from the deposit of the acceptance of the succession.

2 With the making of the declaration of allegiance, the elected members take office and the outgoing members cease their function.

3 The credentials are issued by the Cantonal Verification Office or, in the case of a succession, by the President of the Court of Appeal.

1 The members of the Council of States are elected by the people every four years according to the majority system.

2 The election takes place in a single constituency comprising the entire Canton, simultaneously with the election of the members of the National Council.

Justices of the peace and substitute justices of the peace are elected by the people in the district corresponding to their jurisdiction, using the majority system.

The elections for justices of the peace and their substitutes take place every ten years by April 30, on a date set by the Council of State.

1 The total sum of votes for all lists is divided by the number of seats to be allocated. If the result is not an integer, it is rounded up to the next whole number. The number thus obtained constitutes the electoral quotient.

2 Lists that have not reached the quotient do not participate in the distribution.

3 In the first allocation, each list is assigned as many seats as the electoral quotient is contained in its total number of votes.

4 In the second allocation, the seats not yet assigned are attributed to the lists with the largest fractions. The largest fraction is constituted by the number of votes for the list minus the number of seats already assigned multiplied by the electoral quotient.

5 In case of a tie in fractions, the seat is assigned to the list that obtained the higher number of votes; if the lists with tied fractions have an equal number of votes, the seat is attributed by drawing lots.

6 Seats not assigned in the first and second allocations are attributed to the lists with the highest number of votes.

1 To ensure local representation, if the municipal regulations so provide, in the election of the Municipal Council, lists may subdivide candidacies among electoral districts.

2 Electoral districts must be established in the municipal regulations.

3 The apportionment of seats among the districts shall occur according to the procedure set out in Article 69, paragraphs 3-7.

1 The sum of the votes of all lists is divided by the number of seats to be allocated, increased by one. The immediately preceding integer to the result of the division constitutes the electoral quotient.

2 In the first allocation, each list is assigned as many seats as the electoral quotient is contained in its total votes.

3 In subsequent allocations, the seats not yet assigned are attributed to the lists according to the following procedure until all seats have been attributed

a) the number of votes of the list is divided by the number of seats already assigned to it, increased by one;

b) the list that obtains the highest quotient obtains the seat.

4 In case of equal quotients, the seat is assigned to the list with the greater number of votes; in case of further equality, the seat is attributed by drawing lots.

1 Se i supplenti sono più di due, le cariche di membro supplente del Municipio sono assegnate alle liste proporzionalmente ai voti ottenuti nell’elezione del Municipio, applicando per analogia l’articolo 78.

2 Se i supplenti sono due, i seggi sono assegnati alla lista che ha ottenuto la maggioranza assoluta dei voti; se ciò non è il caso, i seggi sono assegnati alle due liste che hanno conseguito il numero maggiore di voti.

3 Nel caso di elezione tacita, la ripartizione è effettuata per analogia sulla base dei seggi assegnati alle liste; nel caso in cui le liste hanno pari diritto e non vi è accordo tra i proponenti delle liste, i seggi sono attribuiti per sorteggio.

4 Entro cinque giorni dalla pubblicazione dei risultati, tre quinti dei proponenti o il loro rappresentante a ciò espressamente autorizzato designano i nomi dei membri supplenti del Municipio spettanti alla lista.

5 Nel caso di vacanza, tre quinti dei proponenti o il rappresentante autorizzato ai sensi del capoverso 4 possono designare il nome del sostituto entro il termine di trenta giorni fissato al rappresentante della lista dal Municipio.

6 Se entro il termine fissato non viene fatto uso del diritto di designare i membri supplenti, tale diritto è assegnato, secondo i medesimi principi dei capoversi precedenti, alle altre liste.

1 The candidates elected to the Municipal Council make a declaration of allegiance to the Constitution and the laws by signing the certificate delivered to them by the president of the Municipal Council at the constituent session or a subsequent session.

2 The credentials of the members of the Municipal Council are issued by the Cantonal Verification Office; in the event of a replacement or a by-election using the majority system, they are issued by the Municipal Executive.

1 The candidates elected to the Municipal Council shall make a declaration of loyalty to the Constitution and laws by signing the certificate delivered to them by the justice of the peace within eight days of the publication of the results.

2 With the making of the declaration of loyalty, the elected members assume office and the outgoing members, including the Mayor and the substitute members of the Municipal Council, cease their functions.

3 The credentials of the members of the Municipal Council are issued by the Cantonal Verification Office; in the event of succession or a supplementary election under the majority system, they are issued by the justice of the peace.

1 The Mayor is elected from among the members of the Municipal Council by a majority system, on the fourth Sunday following that set for the election of the Municipal Council.

2 In the case of a silent election of the Municipal Council, the election of the Mayor takes place on the Sunday set for the election of the Municipal Council.

1. The notice of the assembly meeting, indicating the date of the election and the deadline for submitting candidate proposals, is published on the municipal notice board along with the results of the Municipal Council election or, in the case of a silent election, with the publication of the names of those elected; Article 15 paragraph 1 letter b is not applicable.

2. Proposals for candidacy for the office of Mayor must be submitted by 6:00 PM on the Thursday following the Municipal Council election.

3. In the event of a silent election of the Municipal Council, candidacy proposals must be submitted by 6:00 PM on the Monday following the publication of those elected.

4. Candidacy proposals become definitive at 6:00 PM on the Monday following the submission day; within this deadline, declarations of renunciation and withdrawal of candidacy may be submitted.

5. No deposit is required for the election of the Mayor.

1 Before the election of the Mayor, their functions are assumed by the member of the Municipal Executive who obtained the highest number of votes.

2 In case of a tie in votes between two or more members of the Municipal Executive and in case of tacit election, the functions are assumed by the Mayor in office during the previous four-year term if they are among those elected and, otherwise, by the longest-serving member by office, subsidiarily by age. If all members of the Municipal Executive are newly elected, the functions of Mayor are assumed by the oldest member by age.

1 The candidate elected to the office of Mayor shall make a declaration of allegiance to the Constitution and laws by signing the certificate delivered to him by the justice of the peace within eight days of the publication of the results.

2 The credentials shall be issued by the justice of the peace.

1 If two or more candidates with an incompatible degree of kinship are simultaneously elected on the same list or on different lists, the candidate who has obtained the greater number of votes is declared elected.

**2 In the event of a tie in votes, the election is determined by lot by the Council of State or the Cantonal Assessment Office or, in municipal elections, by the Municipal Council.**

**3 If, in the event of a succession or a complementary election, a candidate with an incompatible degree of kinship with a person already in office is elected, the latter remains in office.**

**4 If a candidate for the main office and a candidate for the substitute office are elected with an incompatible degree of kinship, the former takes office, even if elected in a complementary election.**

**5 The excluded candidate is entered as the first substitute on the list of unelected candidates.**

**6 Should the incompatibility arise subsequently, paragraphs 1-4 shall apply by analogy.**

**7 Further cases of incompatibility due to kinship provided for in special laws are reserved.**

1. In the election of the Grand Council, the elected member or substitute who holds an incompatible office, or the elected member in the event that incompatibility subsequently arises, shall forfeit their office six months after the ascertainment of the incompatibility, unless it has ceased in the meantime.

2. Cases of incompatibility due to office as provided for in special laws are reserved.

1 The authority issuing the credentials grants the elected official holding an incompatible office a period of five days to deposit with the State Chancellery or the municipal chancellery the declaration of exercise of the right of option.

2 If the elected official does not opt, they are deemed to have renounced the office or offices of more recent election.

3 The submission of the declaration of allegiance to the Constitution and laws is equivalent to an option.

The person elected to an office under this law shall make a declaration of allegiance to the Constitution and the laws and shall sign the certificate handed to them by the designated authority, to the following effect

«I pledge on my honor to faithfully observe the federal and cantonal Constitutions and the laws and to conscientiously fulfill all the duties of my office» .

1 Cantonal political parties and their sections shall notify the State Chancellery by January 31st of the name of individual donors and the amount of contributions cumulatively exceeding CHF 10,000 received during the preceding year; sections shall include, in particular, associations recognized by the party or having a close relationship with it, as well as its inter-municipal territorial bodies.

2 Candidates for cantonal elections shall notify the State Chancellery of the name of individual donors and the amount of contributions cumulatively exceeding CHF 5,000 within three days from when the lists and candidacies have become definitive; if the contribution is paid after this moment, the three-day period shall run from the moment of payment.

3 Support committees for a cantonal ballot shall notify the State Chancellery of the name of individual donors and the amount of contributions cumulatively exceeding CHF 5,000 within three days from the publication of the convocation decree in the Official Gazette; if the contribution is paid after this moment, the three-day period shall run from the moment of payment.

4 The State Chancellery shall publish the notifications in the Official Gazette.

5 Subsections 1-3 shall apply mutatis mutandis also to communal political parties and their sections, to candidates for communal elections, and to support committees for a communal ballot; notifications shall be communicated to the communal chancellery, which shall publish them on the communal notice board for a period of fifteen days.

1. Anyone who contravenes the notification obligation shall be punished with a fine of up to 10,000 francs, subject to paragraph 2.

2. The cantonal political party or its section that contravenes the obligation under Article 90 paragraph 1 shall be deprived, in whole or in part, of the contribution paid to its parliamentary group on the basis of the Law on the Grand Council and Relations with the Council of State of 24 February 2015; if the political party does not benefit from the contribution to the parliamentary group, paragraph 1 shall apply. The decision falls within the competence of the Presidium of the Grand Council, whose decision may be appealed before the Cantonal Administrative Court; the Law on Administrative Procedure of 24 September 2013 shall apply.

3. Subject to paragraph 2, in the case of Article 90 paragraphs 1-3, prosecution falls within the competence of the Council of State; the Law on Procedure for Contraventions of 20 April 2010 shall apply.

4. In the case of Article 90 paragraph 5, prosecution falls within the competence of the Municipal Council; Articles 145 et seq. of the Communal Organic Law of 10 March 1987 shall apply.

1 The State Council and the cantonal public law entities shall inform, within three days and by means of a public announcement, of the decision to disburse any contribution for the financing of a voting campaign.

2 The Municipal Council and the communal public law entities shall inform, within three days and by means of publication on the municipal notice board, of the decision to disburse any contribution for the financing of a voting campaign.

1. A popular initiative must be submitted to the State Chancellery by at least five and at most twenty promoters who form the initiative committee.

2. The first promoter is the representative of the promoters authorized to act and sign on their behalf and to receive official communications, subject to the exceptions established by law.

1 The State Chancellery shall ascertain whether the application meets the formal requirements of the law.

2 If the title or content of the initiative is incomplete or liable to cause confusion, the State Chancellery shall grant the representative a period of ten days for correction.

3 In the event of failure to correct or if the title or content of the initiative is contrary to public order, the application shall be rejected by decision of the State Chancellery.

4 If the initiative application fulfills the requirements, the State Chancellery shall publish it in the Official Gazette, indicating the names of the promoters and setting the period for collecting signatures.

5 The examination of admissibility by the Grand Council is reserved.

1 The list of signatures must contain the following information

a) the name of the Municipality in which the signatories of the list are entitled to vote;

b) the title and text of the initiative; in the case of an initiative presented in elaborate form, a brief summary may be included instead of the text;

c) the indication of the publication date of the initiative request in the Official Gazette;

d) an unconditional withdrawal clause in favour of the promoters;

e) the names of the promoters, indicating their representative;

f) the punishability with a custodial sentence of up to three years or with a monetary penalty for anyone who commits the crimes of electoral bribery (Art. 281 Swiss Penal Code) or electoral fraud (Art. 282 Swiss Penal Code).

2 A list that does not meet the requirements of paragraph 1 is void.

1 The voter affixes their handwritten signature next to their personal details, which must be handwritten and legible on a list headed with their municipality of domicile.

2 A voter unable to write may have their first name and surname entered by a person of their choice. This person signs on their behalf and maintains confidentiality regarding the content of the instructions received; in this case, in the "handwritten signature" column, they print their name in block capitals with the indication "by order" and affix their own signature.

3 They may sign the same request only once.

4 Anyone who contravenes the provisions of paragraph 3 shall be punished by the State Chancellery with a fine up to a maximum of 1,000 francs, without prejudice to the sanctions provided for in the Swiss Criminal Code.

1 The collection of signatures is free.

2 The proponents may deposit the lists in the municipal chancelleries so that they may be made available to citizens during the opening hours of the municipal chancellery.

3 The municipal chancellery shall announce the deposit, as well as the opening hours of the municipal chancellery, by publication on the official notice board within the following day.

4 The use of public land for the organised collection of signatures requires prior authorisation from the Municipal Council, which establishes the time and place conditions for the collection. The use of public land for this purpose, as well as the issuance of the necessary authorisation, are exempt from any fees and are favoured, particularly during votes or elections.

5 Signatures affixed cannot be withdrawn.

1 The Municipal Official

a) certifies the validity of the signatures deposited within the deadline, affixed by citizens registered in the Municipality with the right to vote in cantonal matters;

b) cancels spaces not filled by signatures;

c) certifies the number of valid signatures;

d) reports to the State Chancellery any irregularities found during the attestation of the right to vote;

e) registers signatures already certified.

2 The following are void

a) an illegible signature;

b) a signature of an unidentifiable person;

c) a repeated signature;

d) a signature of the same hand;

e) a subscription bearing a name or signature that is not handwritten;

f) a signature of a person not registered in the electoral roll;

g) a subscription without an autograph signature;

h) a subscription bearing an incorrect date of birth;

i) a signature already struck off at the time of depositing the list.

3 The list and signatures without municipal certification are void.

1. The lists of signatures must be deposited by the promoters with the State Chancellery or the municipal chancelleries by 6:00 p.m. on the last valid day for collecting signatures.

2. The Municipal Council transmits, within five days, directly to the State Chancellery the lists submitted by 6:00 p.m. on the last useful day for collecting signatures.

3. Lists deposited after 6:00 p.m. on the last valid day for collecting signatures are void.

1. The State Chancellery, within thirty days of the expiry of the deadline for collecting signatures, ascertains whether the initiative request has reached the prescribed number of valid signatures.

2. It may proceed with checks at the person concerned regarding the actual personal signing of the list.

1 The State Chancellery publishes the result of the demand in the Official Gazette. If the demand is successful, it transmits the documents to the Grand Council; if the number of signatures is not reached, it declares the demand unsuccessful.

2 Upon request of the promoters, the State Chancellery is obliged to make available to them, for inspection, the lists with the deleted signatures.

3 In the case of a demand for the total revision of the Constitution, the State Council sets the date of the preliminary vote.

The Grand Council shall examine preliminarily the admissibility of the application, verifying its conformity with higher law, the unity of form and subject matter, and its implementability within one year from the publication of the result of the application in the Official Gazette.

1. A demand for a total revision of the Constitution may be withdrawn until the day of publication of the decree of convocation in the Official Gazette.

2. A demand for a legislative initiative and a demand for a partial revision of the Constitution may be withdrawn up to ten days after the publication of the Grand Council's decision in the Official Gazette.

3. The declaration of withdrawal must be signed by an absolute majority of the proponents who are still entitled to vote and deposited by 6:00 PM on the expiry day.

4. The withdrawal of the initiative shall be published in the Official Gazette.

1 If the popular initiative demands a total revision of the Constitution, the Council of State must first and simultaneously submit to the people the question of whether or not they intend to revise the Constitution and, if so, whether the draft should be prepared by the Grand Council or by a Constituent Assembly, which in such case shall be elected according to the rules established for the election of the Grand Council.

2 The Grand Council or the Constituent Assembly shall prepare the draft for a total revision within a period of five years from the publication of the results of the preliminary vote in the Official Gazette.

1. A request for an initiative may be submitted in the form of a generic proposal or a detailed draft.

2. If a request for an initiative concerning the adoption, amendment, or repeal of multiple articles addresses different matters, each of these matters must form the subject of a separate request for an initiative.

3. The State Chancellery transmits the request for an initiative to the Grand Council and the Council of State simultaneously with the publication of the result in the Official Gazette.

4. The Council of State shall communicate within two months whether it intends to express its opinion with a report within nine months of the publication of the result of the request for an initiative in the Official Gazette.

1. If the initiative is presented in a general form, the Grand Council shall elaborate the partial reform project in the sense of the request, availing itself of the collaboration of the Council of State.

2. The Grand Council may oppose a popular initiative project with its own project on the same matter, to be submitted simultaneously to popular vote.

3. If the initiative is presented in an elaborated form and the Grand Council adheres to the project, it shall be submitted to popular vote for acceptance or rejection. If it does not adhere to it, the Grand Council may elaborate its own project on the same matter, to be submitted to popular vote simultaneously with that of the initiators.

4. The Council of State may request a second reading on the counter-project.

5. In any case, the Grand Council must elaborate a project in the sense of the initiative request, declare its acceptance or rejection of the request, or oppose it with its own counter-project, within eighteen months from the publication in the Official Gazette of the result of the initiative request.

6. The decisions of the Grand Council shall be published in the Official Gazette by the Council of State, within eight days, with an indication of the voting date.

1 The initiative may be submitted in the form of a generic proposal or an elaborate project.

2 Each initiative application must comprise a single subject. If the application refers to different matters, each of them must be the subject of a separate initiative.

3 The Chancellery of State transmits the initiative application to the Grand Council and the Council of State simultaneously with the publication of the result in the Official Gazette.

4 The Council of State shall communicate within two months whether it intends to express its opinion with a report within nine months from the publication of the result of the initiative application in the Official Gazette.

1 If a popular initiative is not accepted by the Grand Council, it is submitted to a popular vote.

2 If an initiative is presented in general terms, the Grand Council shall prepare a draft in line with the request, availing itself of the cooperation of the Council of State.

3 Regardless of the form of the initiative, the Grand Council may recommend its acceptance or rejection to the people, or propose that they adopt its own counter-proposal on the same matter.

4 The Council of State may request a second reading of the counter-proposal.

5 In any case, the Grand Council must make a decision within eighteen months of the publication in the Official Gazette of the result of the initiative.

1 No vote is taken when the absolute majority of the initiators still entitled to vote withdraws the initiative request or when it is accepted by the Grand Council.

2 The right of referendum is reserved.

1 The preliminary vote on the petition for a total reform of the Constitution must take place within sixty days of the publication of the results of the signature collection.

2 The following questions are put to the vote

"Do you want a total reform of the Constitution?"

and if affirmative

"Do you want the draft to be prepared by the Grand Council or by the Constituent Assembly?"

3 If the majority votes in favor of the Constituent Assembly, the Council of State convenes assemblies for the election of the Constituent Assembly according to the modalities for the election of the Grand Council.

1 The vote on the partial constitutional reform proposal and on the legislative initiative proposal must take place within sixty days of the conclusion of the deliberations of the Grand Council.

2 If the Grand Council opposes a popular initiative with its own counter-proposal, citizens entitled to vote must decide, in a single vote, whether they prefer the initiative or the counter-proposal to the current law; they also have the option to accept or reject both proposals and to express their preference in the event that both the initiative and the counter-proposal are accepted.

3 The absolute majority is determined separately for each question. Questions left unanswered are not taken into account.

4 If both the initiative and the counter-proposal are accepted, the outcome of the subsidiary question is decisive. The text that, according to the answers to this question, has garnered the greater number of votes shall enter into force.

The list of signatures must contain the following information

a) the name of the Municipality in which the signatories of the list are entitled to vote;

b) the title of the act against which the referendum is proposed;

c) the indication, with the date and number of the Official Gazette, in which the text was published;

d) the punishability with a custodial sentence of up to three years or with a monetary penalty for those who commit the offenses of electoral corruption (Art. 281 Swiss Penal Code) or electoral fraud (Art. 282 Swiss Penal Code).

1 The collection of signatures, the municipal attestation, and the verification and control of signatures shall take place in the manner and form prescribed for initiatives.

2 The grounds for nullity of signatures are those established for initiatives.

3 The withdrawal of a referendum petition is not permitted.

1 The Chancellery of State publishes the result of the petition in the Official Gazette.

2 If the prescribed number of signatures is not reached, the petition is declared unsuccessful.

3 If the number of signatures is reached, the Council of State sets the date for the vote.

1 The submission of legislative initiatives and referendums by the Municipalities is decided by the Municipal Assembly or the Municipal Council.

2 The municipal regulations may delegate the decision to the Municipality (Executive).

1 The Municipalities intending to propose a legislative initiative must deposit the text, signed by at least three promoting Municipalities, with the State Chancellery, which, following a preliminary examination, proceeds to publish it in the Official Gazette.

2 The promoters must designate their representative.

3 The application must contain an unconditional withdrawal clause and indicate the promoting Municipalities authorized to submit the declaration of withdrawal.

The provisions of Article 94 apply to the examination of the application.

Municipal accessions must be deposited with the State Chancellery.

1 The rules on popular initiatives and referendums apply by analogy.

2 The regulation establishes further modalities.

1 The proposal for the recall of the State Council must be signed by fifty electors; it is submitted to the Presidential Bureau of the Grand Council and published in the Official Gazette.

2 The proposal for the recall of the Municipal Council must be signed by the number of electors prescribed in Article 45 paragraph 1 letter a; it is submitted to the Municipal Council and published on the municipal bulletin board.

3 The proposal for recall may be motivated; the State Council and the Municipal Council have the right to officially publish their observations.

The signature list must contain the following information

a) the text of the request;

b) the indication of the publication date in the Official Gazette or on the municipal notice board;

c) the punishability with a custodial sentence of up to three years or with a monetary penalty for those who commit the crimes of electoral corruption (Art. 281 Swiss Criminal Code) or electoral fraud (Art. 282 Swiss Criminal Code).

1 The signatures for the request for revocation of the Council of State and the Municipality must be deposited with the State Chancellery.

2 For the request for revocation of the Municipality, in computing the number of signatures, citizens registered in the electoral roll at the time of publication of the revocation proposal on the municipal bulletin board are taken into account, excluding citizens abroad.

1 The Presidential Office of the Grand Council ascertains and publishes the result of the demand for the recall of the State Council in the Official Gazette.

2 The State Chancellery, availing itself of the collaboration of the municipal chancellery, ascertains the result of the demand for the recall of the Municipal Council and arranges for its publication on the municipal notice board.

3 Articles 100 and 101 are applicable by analogy.

The Cantonal Government or the Municipal Council sets the date of the vote.

1 If the State Council's motion for recall is accepted, the Presidential Office of the Grand Council shall set the date of the election and convene the assemblies; the election shall take place within three months of the publication of the voting result.

2 If the Municipal Council's motion for recall is accepted, the State Council shall set the date of the election and the Municipal Council shall convene the assembly; the election shall take place within three months of the publication of the voting result.

3 For the election of the Mayor, Articles 82 et seq. shall apply.

1 The Council of State and the recalled Municipal Council remain in office until the new members take up their duties.

2 The newly elected members remain in office until the end of the current term.

The provisions on referendums are applicable by analogy.

1 Publications by the State Council and the Cantonal Assessment Office are made in the Official Gazette.

2 Publications by the Municipal Council, the Mayor, and the electoral office are made on the municipal notice board.

3 Special provisions are reserved.

In urgent cases, the Council of State may order that the decisive publication be carried out by other means.

1 The terms established by this law cannot be interrupted, suspended, or extended; there are no holidays.

2 When the law prescribes the deposit of an act, the deadline is met when the authority receives such act by 6:00 PM on the day of expiry; in other cases, the general principles of administrative procedure apply.

3 If the last day of the term falls on a Saturday, Sunday, or a day officially recognized as a public holiday, the expiry of the term is extended to the next working day.

4 In terms expressed in days, the day of notification, publication, or the event giving rise to the appeal is not included.

Proposals of candidates, amendments to said proposals, notifications of candidates, as well as declarations of withdrawal of a proposal must be submitted by hand to the competent authority or office by 6:00 p.m. on the expiry date.

1 Every active citizen of the Municipality may file an appeal with the Council of State against the federal, cantonal, and communal electoral roll of their Municipality during the publication period.

2 Against decisions of the Council of State concerning the cantonal and communal electoral roll, an appeal may be lodged with the Cantonal Administrative Court within a period of fifteen days.

1. Preparatory procedural acts are understood to be those carried out up to the close of voting operations.

2. An appeal may be lodged with the Cantonal Administrative Tribunal against any act of the Municipality or the Mayor or a subordinate body in the preparatory procedure for votes or elections and in matters of initiative, referendum, or recall.

3. A complaint may be lodged with the Council of State against any act of the Council of State or a subordinate body in the preparatory procedure for votes or elections and in matters of initiative, referendum, or recall; the decision on the complaint is final, subject to federal law.

4. An appeal may be lodged with the Cantonal Administrative Tribunal against a decision of the Council of State concerning ineligibility.

5. The deadline is three days, commencing from the day on which the act intended to be challenged was carried out, or from the discovery of the ground for challenge.

6. The Cantonal Administrative Tribunal or the Council of State shall, after a summary investigation, issue urgent measures, subject to appeal in accordance with Article 134.

1 The decisions of the Council of State and the Cantonal Assessment Office are final, subject to federal law.

2 Appeals against decisions of other authorities must be filed with the Cantonal Administrative Tribunal within ten days of the publication of the results.

3 Appeals against election results do not suspend the taking of office by elected persons.

Appeals against federal votes or the election of the National Council must be submitted to the Council of State within three days of discovering the grounds for appeal, but no later than the third day following the publication of the results in the Official Gazette.

The Council of State decides definitively, unless otherwise provided by law.

1 The Council of State may impose disciplinary fines up to a maximum of 5,000 francs on members of the Municipal Council and electoral offices guilty of non-observance of this law and its implementing provisions.

2 Infringements committed by persons entitled to vote are punishable by the Council of State with a fine up to a maximum of 1,000 francs.

3 An appeal against decisions of the Council of State may be lodged with the Cantonal Administrative Court.

4 The Administrative Procedure Act of 24 September 2013 is applicable.

1 Every person elected by the people to a public office has the obligation to accept it, unless health reasons or other justified motives prevent them from doing so.

2 The Council of State, and the Grand Council for the election of the Government, may impose a fine of up to a maximum of 5,000 francs on the elected person or the substitute who does not accept the office without justified reasons.

3 An appeal may be lodged with the Cantonal Administrative Court against decisions of the Council of State or the Grand Council.

4 The Administrative Procedure Act of 24 September 2013 is applicable.

For the counting operations, the Council of State may provide for the use of technical and IT instruments; federal provisions are reserved.

[6] 1 The State Chancellery collects information from the Municipalities regarding the success, admissibility, potential withdrawal, and outcome of popular initiatives, referendums, and petitions for the recall of the Municipal Council.

2 This information is published free of charge on the Canton's website.

[6] Art. introduced by L 8.11.2021; in force since 14.1.2022 - BU 2022, 18.

The Council of State issues the implementing provisions of the law.

The Law on the Exercise of Political Rights of October 7, 1998, is repealed.

1 After the expiry of the time limits for exercising the right of referendum and upon receipt of the Confederation's approval, [7] this law, together with its annex, shall be published in the Official Gazette of Laws.

2 The Council of State shall determine its entry into force. [8]

Published in OG 2019, 265.

[7] Approved by the Federal Chancellery: April 30, 2019 - OG 2019, 265.

[8] Entry into force: September 1, 2019 - OG 2019, 265.