**Art. 1 LElPatr Law on Patrician Elections (LElPatr)** (LElPatr)

1 This law governs the elections for the patriciarian office, its president, the substitutes, and, where established, the patriciarian council.

2 The elections take place by secret ballot according to the relative majority system.

[1] Unless otherwise provided by this law, the Law on the Exercise of Political Rights of 19 November 2018 shall apply by analogy.

[1] Art. amended by L 19.11.2018; in force since 1.9.2019 - BU 2019, 293.

1 The Patrician Office convenes the assembly of patrician citizens by means of a decree published on the patrician notice board no later than sixty days before the election day.

2 The decree indicates the purpose of the convocation, the date, time, and place of the voting operations, the offices and the number of candidates to be elected, and the deadline for submitting candidacies.

3 Elections concerning patrician matters cannot take place in the months of July and August.

1 Submitting Candidate Proposals

1 Proposals for candidates must be deposited in original form within the deadline set by the Council of State at the seat of the *ufficio patriziale*, with the candidates' declarations of acceptance attached.

2 Upon deposit of the candidate proposal, a declaration is issued certifying the date, time, and progressive number of the deposit.

3 Candidate proposals must be submitted separately for the offices of president, member, substitute, and *consigliere patriziale*; they must bear a denomination.

4 Candidates must be designated with their surname, first name, date of birth, and domicile; they must also indicate

– the name of the father or mother, for children of a patrician parent;

– the first name and surname of the father, for patrician women married to a non-patrician;

– the name of the husband, for women married to a patrician.

1 The proposal of candidates must be signed

a) by three patricians in patricianates having fewer than fifty patricians domiciled in the Canton Ticino;

b) by five patricians in patricianates having at least fifty but fewer than three hundred patricians domiciled in the Canton Ticino;

c) by seven patricians in patricianates having at least three hundred but fewer than five hundred patricians domiciled in the Canton Ticino;

d) by ten patricians in patricianates having at least five hundred patricians domiciled in the Canton Ticino.

2 The proposers must sign the proposal and personally indicate their surname, first name, date of birth, and domicile; they must also indicate

– the name of the father or mother, for children of a patrician parent;

– the first name and surname of the father, for patrician women married to a non-patrician;

– the name of the husband, for women married to a patrician.

3 A patrician may not sign more than one proposal for the same office, nor withdraw their signature after deposit.

4 If a patrician has signed more than one proposal for the same office, their name shall be retained on the first proposal deposited.

The first proposer is the representative of the proposal and is authorized to act and sign on behalf of all proposers and to validly receive official communications, subject to the exceptions established by law.

1. Each proposal cannot contain a number of candidates greater than that of those to be elected, nor can a candidate appear on more than one list for the same office.

2. Candidates cannot sign the proposal on which they are designated, nor those of other proposals for the same office.

3. If a candidate is designated on two or more proposals for the same office to which they have given their consent, or appears as a candidate on one proposal and is simultaneously a signatory of another for the same office, the candidacy or the proposal, respectively, shall be struck from all proposals.

1 The President of the Patriziate Office examines the proposals and assigns the representative a three-day period

a) to modify designations that may cause confusion;

b) to replace candidates struck off *ex officio* as ineligible;

c) to strike off excess candidates;

d) to complete the proposal in the case of a single proposal being submitted with a number fewer than those to be elected;

e) to deposit declarations of acceptance;

f) to remedy simple formal defects.

2 Candidates proposed for replacement or completion must sign the declaration of acceptance.

3 Failure by the representative of the proposers to correct the proposal in a timely manner results in the striking off of the proposal itself; the imperfect designation of a candidate or their failure to accept, however, only results in the striking off of that candidate; if the proposal contains an excessive number of candidates, the President of the Patriziate Office shall strike off the last excess candidates.

4 The decision to rectify or strike off a proposal must be immediately notified in writing to the group's representative, briefly stating the reasons and indicating the legal remedies available.

Proponents or their expressly authorized representative may, with the consent of the candidates, declare in writing the withdrawal of the proposal or reduce the number of candidates solely to permit an uncontested election, by 6:00 p.m. on the Monday following the deadline for submitting proposals.

Withdrawal of Candidacy

1 Every candidate may declare to the president of the *ufficio patriziale*, in writing within three days from the final deadline for depositing proposals, that they renounce their candidacy; in this case, the name is officially removed from the proposal.

2 The renunciation does not entitle the proposers to a replacement.

1. Candidate nominations are definitively established by 6:00 PM on the Monday following the submission deadline.

2. The definitively established nominations are referred to as lists.

3. The patrician office shall from time to time determine the order of succession of the lists by means of a draw; in the case of simultaneous elections, a group is entitled to the same number for all lists presented.

4. Candidates receive a progressive number; the order of succession of candidates within each group is established by the proposers upon submission of the nomination.

5. The lists, including the names of the candidates and proposers, shall be published on the patrician notice board by the president or acting president.

1 If the number of candidates proposed does not exceed that of those to be elected, the popular consultation shall not take place.

2 Notice thereof shall be given at the communal register (albo patriziale), publishing the names of the candidates as soon as the proposals are definitive and revoking the convocation of the communal assembly (assemblea patriziale).

1 If no candidates are put forward within the deadlines, the Department shall set a new date for the election, the deadline for submitting proposals, and the procedures for voting and counting the votes for the extended election.

2 If the new deadline for submitting proposals expires without success, the Council of State shall adopt the necessary measures.

1 Voting and counting operations take place at the seat of the patriciate or in another location designated by the patrician office.

**2 The patrician office may establish multiple electoral offices; in such a case, it designates the main electoral office.**

**3 The patrician office sets the days and hours for voting, taking into account that on Sundays, voting must be possible for at least three hours.**

1 The Council of State issues the regulations concerning voting materials and establishes the ballot models.

2 The Patrician Office provides for the printing of voting materials.

1 Voting materials are made available in the electoral offices; the Patriziale Office may send voting materials to the homes of the patricians.

2 Proponents may arrange for the distribution of voting materials to the homes of electors; voting materials are made available by the Patriziale Office.

1 At each suspension of voting operations, the ballot boxes are opened: the ballots are counted to verify their correspondence with the number of voters and, along with the voter lists, are enclosed in a sealed packet, signed by the members of the electoral office and by the delegates. The voting material is deposited in a secure place until the end of the voting operations.

2 Mention of this formality is made in the minutes.

3 The same procedure is followed in the case of early voting.

1 The electoral office is designated by the patrician office and consists of a president and two members appointed from among the patrician citizens.

2 A proposer for each list is entitled to attend the voting operations as a delegate, without the right to vote.

3 The electoral office decides by majority.

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

2 The electoral office presides over the voting and counting operations, ensures the regularity of the voting operations, decides on questions submitted to it by the delegates, rules on the validity of the ballots, performs the recapitulation, and publishes the results.

1 The entitled voter appears at the polling station, declares and, if necessary, documents his or her identity.

2 Subsequently, he or she proceeds directly to the ballot box and, upon invitation from the president, deposits the ballot; after which he or she immediately leaves the premises and the building where the voting operations are being conducted.

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

The person entitled to vote may vote at the electoral office in advance, before the official opening of voting operations, during the two weeks prior to the election date, by submitting a written application to the district office.

The patrician may vote by correspondence if they are

a) prevented from going to the polling station, being a guest or patient in hospitals, nursing homes, and other similar institutions established by the Council of State and located in the Canton Ticino;

b) prevented from going to the polling station, being a guest or patient in hospitals, nursing homes, and other similar institutions located in Switzerland, upon presentation of a certificate of hospitalization;

c) prevented from going to the polling station from their own home due to illness or physical incapacity;

d) detained in a prison located in Switzerland;

e) in military service or serving in civil protection;

f) a patrician domiciled in Ticino but residing in another Canton or abroad.

The voter casts their vote according to the procedures indicated in the decree of convocation, considering that

– the vote is expressed by placing a cross in the box next to the name of the chosen candidates;

– the maximum number of votes that can be cast corresponds to the number of seats to be allocated;

– for each candidate, a maximum of one vote can be cast.

1 Once voting operations are concluded, the ballot count proceeds.

2 First, the ballots contained in the ballot box are counted, verifying their number against the number of voters.

3 Subsequently, the ballots are numbered; then the electoral office decides on their validity, classifying them into valid ballots, invalid ballots, and blank ballots.

4 The progressive number of invalid ballots must be recorded in the minutes, with an indication, for each ballot, of the reasons for the office's decision.

5 The electoral office then ascertains, listing them separately, the votes obtained by the individual candidates for the office of president, member or substitute, or communal councilor, respectively.

6 The ballots, thus sorted, are enclosed and sealed in separate packets.

Invalid Ballots

a) bearing signs of recognition or expressions unrelated to the election;

b) contained in envelopes unrelated to the election or in which writings or objects unrelated to the election appear;

c) illegible;

d) not completed by hand;

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

f) bearing a number of candidates greater than the number of positions to be elected;

g) in postal voting, contained in unofficial envelopes or not accompanied by the completed and signed legitimation card.

1. The candidates who have obtained the highest number of votes are elected.

2. In the event of a tie in votes between two or more candidates, the election shall be determined by lot.

1 The electoral office shall keep minutes showing

a) the names of the members of the electoral office and of the delegates;

b) the number of registered voters and the number of voters who cast a ballot;

c) the chronological sequence of the ballot count and vote tabulation;

d) any observations and objections raised by the members of the office or the delegates;

e) the decisions of the office, briefly stating the reasons;

f) the election results.

2 The minutes of the main electoral office shall also include

a) the overall election results, with the list of elected candidates and substitutes;

b) the proclamation of the results.

3 The minutes shall be signed by the members of the electoral office; a copy thereof shall be delivered to the municipal office and to the justice of the peace and shall be published on the municipal notice board by the chairman of the electoral office.

1 Upon completion of the ballot count, the president of the main electoral office proclaims the elected candidates.

2 The credentials for those elected to the offices of president, members, and substitute of the patrician office are issued by the president of the main electoral office; the credentials for those elected to the offices of member of the patrician council are issued by the president of the patrician office at the constitutive session.

1 Once the count is completed, the election material must be sealed in a package and signed by the members of the electoral office.

2 It shall be kept by the *ufficio patriziale* (Patrician Office) and destroyed after one month under its supervision.

3 In the event of an appeal, the election material shall be held at the disposal of the Council of State: it shall be destroyed within one month from the notification of the definitive decision.

1 If two or more candidates are elected to different offices and are related in a manner incompatible according to the organic patrician law of April 28, 1992, the candidate for the principal office shall be proclaimed elected.

2 In the event of an equal ranking of office, the candidate who obtained the highest number of votes shall be proclaimed elected; in the event of a tie in votes, the election shall be determined by drawing lots.

3 If the incompatibility of kinship arises following a supplementary election, priority shall be given to the incumbent.

1 At the time of the proclamation of the results, a period of fifteen days is set for elected officials who hold an incompatible office to exercise their right of option.

2 If the elected official does not opt, it is presumed that they have renounced the office or offices of more recent election; in the case of election to the office of president, member or substitute of the executive body and simultaneously to that of member of the municipal council, it is presumed that they renounce the latter.

3 In the case of election to the office of president and simultaneously to that of member or substitute, it is presumed that they renounce the latter offices.

4 The submission of the declaration of loyalty to the Constitution and the laws is equivalent to an option.

1 Those elected to the office of president, member, or substitute of the patrician office shall make a declaration of fidelity to the Constitution and laws, by signing the certificate delivered by the justice of the peace, in the following tenor

"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." [2]

2 Those elected to the office of member of the patrician council shall make the declaration of fidelity before the president of the patrician office at the constituent session.

[2] Para. modified by Law of 19.11.2018; in force since 1.9.2019 - BU 2019, 293.

1 If during the election period a seat becomes vacant due to death, resignation or other cause, the candidate who obtained the highest number of votes in the general elections according to the list of substitutes shall take over.

2 In case of a vacancy in the office of president or when the list of substitutes is exhausted, proceedings shall be as in the case of general elections, within the terms fixed by the patrician office.

1 Appeals against preparatory acts and election results are decided by the Cantonal Administrative Court following an appeal to be lodged within three days in the first case and within fifteen days in the second case.

2 The appeal does not suspend the taking of office by elected persons.

1 The Council of State may impose disciplinary fines of up to a maximum of 5000.– francs on members of the patrician office and electoral offices found guilty of non-observance of this law and its implementing regulations.

2 Infringements committed by persons entitled to vote are punishable by a fine of up to a maximum of 1000.– francs imposed by the Council of State.

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

1 The law of 25 March 1965 on the election of the offices and councils of the patriciate is repealed.

2 The amendment to current law is included in the annex.

After the expiry of the deadlines for the exercise of the right to referendum, the law shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on 1 January 2009.

Published in OB 2009 , 1.