CH-VD
Act on the Exercise of Political Rights (LEDP) - Scope (LEDP)
Table of Provisions (198)
Statutory Text (198 Articles)
1. This law applies to elections and popular votes, as well as the exercise of initiative and referendum rights, in the canton and municipalities.
2. It applies to the organization of elections and votes, as well as the exercise of initiative and referendum rights in federal matters, insofar as there are no mandatory federal prescriptions.
3. For the purposes of this law, any designation of a person, status, or function refers equally to a man or a woman.
1. The right to vote includes the right to participate in elections and popular votes, as well as to sign initiative and referendum requests.
1. Members of the cantonal electorate are Swiss citizens, men and women, who have reached the age of eighteen and have their political domicile in the canton.
2. Members of the communal electorate are
a. Swiss citizens, men and women, who have reached the age of eighteen and have their political domicile in the commune;
b. Foreign nationals, men and women, who have reached the age of eighteen, are domiciled in the commune, have resided in Switzerland under an authorization for at least ten years, and have been domiciled in the canton for at least three years.
3. In case of doubt regarding the fulfillment of the conditions for electoral eligibility, the person whose eligibility is in question may be required to cooperate in establishing the facts justifying the granting of this eligibility.
4. Foreign nationals who are part of a communal electorate and who leave the canton shall regain their place in the electorate upon their return, provided they hold an authorization and establish domicile in the canton.
1. Individuals under a general guardianship order or who are represented by an agent due to incapacity stemming from a lasting lack of discernment are deprived of the right to vote. The justice of the peace systematically informs the Municipality if these individuals are permanently incapable of discernment.
2. Before making its decision, the justice of the peace informs the individual concerned about the potential impact of instituting guardianship on their political rights.
3. They may be integrated or reintegrated into the electoral body by a decision of the municipality of their place of residence upon proving their capacity for discernment, particularly by providing a medical certificate.
4. The Council of State regulates the procedure for the remaining aspects.
1. Each member of the electorate has their political domicile in the municipality where they have established their domicile in accordance with Article 23 of the Swiss Civil Code [B]. The Council of State may provide exceptions for persons who have a close connection with a municipality other than their municipality of residence.
2. The Council of State regulates the procedure for establishing political domicile.
1. Each municipality maintains a register of its electoral body.
2. The municipality automatically registers individuals who meet the legal requirements or who will meet them on the day of the election. It also automatically removes those who no longer meet these conditions.
3. Any person enjoying political rights at the cantonal level may at any time consult the electoral body register of any municipality. For individuals enjoying political rights only at the municipal level, access is limited to the electoral body register in which they are registered.
4. The electoral body register may only be consulted for the purpose of verifying the accuracy of the data recorded therein, under penalty of sanctions as provided in Article 194 of this law. Upon a duly motivated request addressed to the municipality, political parties may obtain the data contained in the electoral body register.
5. The Council of State determines the conditions under which the addresses of the members of the electoral body must be accessible to the canton for the dispatch of official materials.
1. Any member of the electoral body who believes that an entry or removal has been erroneously accepted or carried out may file a complaint with the municipality within three days of discovering the reason for the complaint and at the latest by the Monday preceding the election.
2. The municipality shall resolve the dispute with a reasoned decision within three days, providing notice of the avenues of appeal.
3. The municipality's decision may be appealed to the Council of State, in accordance with Articles 172 and following of this law.
1. The Council of State shall set, at the latest twelve weeks before the day of a cantonal vote, the date and the matters which will be submitted to the voters.
2. The Council of State shall set the day of the general and supplementary cantonal elections. It shall also set the day of the general communal elections.
3. The department in charge of political rights [C] (hereinafter: the department) shall set the day of votes and supplementary elections in the communes. These shall, in principle, take place on the day of a federal vote.
4. In the event of a merger procedure or territorial modification, the votes must take place simultaneously in the concerned communes.
1. The department convenes the electorate for federal and cantonal ballots, as well as for general elections in municipalities.
2. By decision of the department, the prefect convenes the electorate for other municipal ballots and intermunicipal ballots.
3. The electorate is convened by an order, which is published and posted on the public notice board in the municipalities no later than
a. the Monday of the tenth week before the polling day in the case of cantonal elections or general municipal elections;
b. the Monday of the seventh week before the polling day in the case of referendums or complementary municipal elections joined to a referendum;
c. the Monday of the sixth week before the ballot in the case of standalone complementary municipal elections.
1. The competent authority for the organization of ballots is
a. the department in cantonal and federal matters;
b. the municipal council of the association's headquarter municipality in intercommunal matters;
c. the municipal council in communal matters.
2. The service responsible for political rights constitutes the cantonal electoral office.
1. Prior to each election, the department automatically and personally sends to the registered members of the electorate the voting card and materials necessary for participating in the vote.
2. The materials are sent to the political domicile of the member of the electorate; if the individual changes address within their municipality of domicile, they are responsible for informing the inhabitants' registry.
3. The barcode on the voting card contains exclusively the member's number, gender, year of birth, and municipality number; only the latter three pieces of information may be used for statistical purposes.
4. It is prohibited to include propaganda materials or items unrelated to the ongoing ballots with the official materials.
5. The member of the electorate uses the received materials regardless of their voting method; new voting materials are issued only upon the clerk's instruction, provided any risk of misuse is eliminated. No new materials are issued after noon on the Friday preceding the election.
1. Official voting material must reach the members of the electorate
a. in the fourth week preceding the ballot in the case of a vote;
b. no later than twelve days before polling day in the case of an election (1st round);
c. no later than five days before polling day in the case of a second round.
2. In the event of simultaneity, the deadline for the vote also applies to the election, for the entire electorate, including, where applicable, foreign voters. Derogations from this principle may be made.
1. Each commune constitutes an electoral office, composed of the president, the secretary, and the scrutineers of the communal or general council. The president of the council presides over the office.
2. Members of the communal electoral office cannot participate in counting operations related to the election of the municipality or a cantonal or federal election in which they are candidates. In such a case, the president of the communal electoral office appoints a substitute person.
3. By specifically addressing political parties, the communal electoral office may call upon other individuals who have the exercise of civil rights within the meaning of Article 13 of the Swiss Civil Code, preferably domiciled in the commune, to assist in the counting operations. Individuals domiciled in the commune are required to accept their designation, except for just cause.
1. The municipal electoral office ensures the secrecy and regularity of the elections.
2. It oversees the management of the operations entrusted to it and may, if necessary, request the intervention of the gendarmerie or the local police.
3. The municipal electoral office makes its decisions immediately, by a majority of the members present; in the event of a tie, the president's vote is decisive.
1. The municipal registry or the entity designated by the municipality provides the communal electoral office with the necessary material and organizational resources for the proper conduct of the election.
1. Parties or groups consisting of members of the electorate may designate a person to attend the counting as an observer.
2. The member of the observation group must be a member of the electorate in the municipality.
3. The Council of State regulates the rights and obligations of the members of the observation group.
1. The ballots take place in the municipalities, according to the ballot box method.
2. For the purposes of this law, the "election day" is Sunday.
1. The member of the electorate exercises their right personally and exclusively at their political domicile.
2. They are free to exercise it in either of the ways provided for in Articles 19 and 20.
3. Each person who votes must sign their voting card and enter their full date of birth on it.
4. Voting by proxy is prohibited.
5. The secrecy of the vote must be ensured.
1. The right to vote may be exercised by mail, from any location in Switzerland or abroad.
2. The right to vote may be exercised upon receipt of the voting materials. Municipalities facilitate the submission of the transmission envelope at the municipal administration (during official opening hours) or in the mailbox for at least two of the four days preceding the election day.
3. The transmission envelope is counted in the tally if it is deposited in the mailbox or arrives at the municipal post office box no later than the closing time of the polling station.
1. The right to vote may be exercised at the polling station on the day of the election.
2. There may be multiple polling stations within a municipality.
3. Polling stations must be open for at least one hour and close at 11 o'clock.
4. The voter hands their voting card to the scrutineer and personally inserts their sealed voting envelope into the ballot box.
5. Any propaganda or collection of signatures is prohibited within the polling stations and their immediate vicinity.
1. If a request is submitted to the municipal administration by no later than two days before the election, a member of the electorate who is elderly, ill, or infirm may exercise their right to vote at home or at their place of residence, provided that it is located within the municipality of their political domicile.
2. The voting takes place according to the principles of postal voting.
3. If the member of the electorate is unable to write, two sworn individuals designated by the municipal administration will assist in filling out the ballots according to the instructions of the concerned person. They will record the person's date of birth and under the "signature" section, they will clearly write their own names and sign by hand with the notation "by order" or "p.o."
1. The municipality is responsible for the organization and proper conduct of voting by correspondence. The municipal electoral office may carry out inspections.
2. The municipal registry or the entity designated by the municipality is tasked with opening the transmission envelopes and verifying the eligibility of members of the electorate. It then forwards the voting envelopes to the municipal electoral office for counting.
3. By agreement between the municipality and the municipal electoral office, the management of postal votes may be conducted, in whole or in part, in collaboration with the municipal electoral office, or entrusted to it. In such cases, decisions are made by the municipal electoral office.
4. From and including the opening of the transmission envelopes, the management of votes received by correspondence must be carried out by at least two persons.
5. The municipal secretary and municipal staff called upon to manage postal votes must be sworn in by the municipality.
6. The municipal electoral office is responsible for the organization and proper conduct of voting at the voting location.
7. The municipal administration is responsible for the organization and proper conduct of voting for the ill.
1. Votes cast by correspondence or deposited at the municipality are not counted during the tabulation when
a. the voting card is missing, is inside the ballot envelope, is not official, or relates to ballots other than those currently underway;
b. the personal information required on the voting card (signature and complete date of birth) is partially or totally missing, or proves to be false;
c. in the case of multiple votes, the number of voting cards in the transmission envelope does not correspond exactly to the number of ballot envelopes; or when the voting capacities present do not coincide;
d. the transmission envelope contains only the voting card;
e. the ballot papers are not contained in the ballot envelope;
f. the transmission envelope arrives after the deadline.
2. The municipal clerk's office retains the uncounted material until the expiry of the appeal period.
3. Votes cast at the polling station are not included in the count when the ballot envelope does not bear the visa of the municipal electoral office.
4. The municipal electoral office transmits the uncounted material to the municipal clerk's office for retention until the expiry of the appeal period.
1. The Council of State enacts the implementing provisions regarding the execution of different voting methods and the coverage of costs related to the production, packaging, and distribution of voting materials.
1. Political parties represented in the Grand Council and in the municipal councils of communes with more than 10,000 inhabitants shall publish their annual accounts no later than June 30.
2. The following are required to publish their campaign accounts no later than 60 days after the ballot
a. Political parties represented in the Grand Council and in the municipal councils of communes with more than 10,000 inhabitants.
b. Campaign committees and organizations significantly participating in electoral or voting campaigns at the cantonal level, as well as at the communal level in communes with more than 10,000 inhabitants.
c. Individuals and organizations submitting a list of candidates in an election at the cantonal level, as well as at the communal level in communes with more than 10,000 inhabitants.
3. During votes, political parties represented in the Grand Council and in the municipal councils of communes with more than 10,000 inhabitants, campaign committees, and organizations (within the meaning of paragraph 2) shall publish their campaign budgets 30 days before the ballot.
4. The department shall establish the model accounts and budget to be used to fulfill the obligations set forth in paragraphs 1, 2, and 3.
1. The following are required to disclose the total amount of donations and the identity of natural persons and legal entities making a donation of an amount exceeding CHF 5,000 in their favor
a. political parties represented in the Grand Council and in the communal councils of communes with more than 10,000 inhabitants;
b. campaign committees as well as organizations significantly participating in electoral or voting campaigns at the cantonal and communal level in communes with more than 10,000 inhabitants;
c. persons campaigning for election to the Grand Council and the State Council;
d. persons campaigning for election to the municipal executive in communes with more than 10,000 inhabitants.
2. Persons who benefit from a donation within the meaning of paragraph 1 shall draw up a nominative list of donors including, in particular, the amount of donations received. Persons subject to the publication of annual or campaign accounts within the meaning of Article 25 shall attach the list of donors as an annex. Other persons shall submit the list of donors to the department within 60 days.
3. Financial donations whose author cannot be identified must be remitted to a legal entity pursuing a public utility purpose.
4. Communes may apply this article to persons campaigning for election to the communal council.
1. The provisions related to the transparency of political life applicable to the election to the National Council shall apply by analogy to the election to the Council of States.
2. In the absence of federal provisions on the matter, Articles 25 and 26 of this law shall apply.
1. The information that must be made public pursuant to Articles 25, 26, and 27 must be submitted to the department by the persons concerned under these provisions. The department reviews the data received and makes it available to the public, notably on the official website of the State of Vaud.
2. The Council of State regulates the remainder of the procedure.
1. The department maintains a register of political parties.
2. A political party may be officially registered by the department provided that
a. it takes the legal form of an association within the meaning of Articles 60 to 79 of the Swiss Civil Code [B];
b. it has at least one of its members elected on one of its lists to the Grand Council or to a communal council of a municipality with more than 10,000 inhabitants.
3. A political party is removed from the register upon its request or when it no longer meets one of the conditions listed in paragraph 2.
4. The register is public.
5. The Council of State shall regulate the registration procedure for the remainder.
1. For all ballots, the department shall print the official voting material comprising
a. a transmission envelope;
b. the ballot paper containing the questions put to voters;
c. a voting envelope intended to contain the ballot papers (one maximum per ongoing ballot).
2. For municipal ballots, the municipality is responsible for printing the ballot papers.
1. For cantonal voting, the State Chancellery publishes an explanatory brochure which it includes with the voting materials. The explanatory brochure is also published on the official website of the Canton of Vaud at least six weeks before the day of the vote.
2. The explanatory brochure contains verbatim the question posed to the electorate as well as concise and objective explanations about the subject of the vote, including, if applicable, the opinion of significant minorities. It also contains the result of the Grand Council's vote, an opinion, and a voting recommendation from the authorities. Voting recommendations from the different political groups represented in the Grand Council are also included.
3. In the case of an initiative or a referendum, the committee submits to the department a text presenting its arguments. This text is treated equitably in terms of layout and must be of similar length to the authorities' opinion. The department may modify or reject statements that are defamatory, manifestly untrue, or excessively long.
4. These provisions apply analogously to communal voting. The municipal registry makes the explanatory brochure available to the members of the electorate at least six weeks before the day of the vote.
1. The Council of State informs the electorate continuously about the issues submitted to the cantonal vote by explaining the position of the cantonal authorities.
2. Each of its interventions must adhere to the principles of objectivity, transparency, and proportionality.
3. These principles apply by analogy at the municipal level.
1. Each member of the electoral body has a ballot on which they respond with either yes or no to the question asked.
2. In municipalities authorized to use a specific technical means for the counting of ballots, the member of the electoral body answers the question by marking the "yes" box or the "no" box with a cross.
3. During a vote on an initiative and a counter-proposal, the member of the electoral body may express their preference for the initiative or the counter-proposal in the event that both are accepted; to this end, they mark either the "initiative" box or the "counter-proposal" box.
1. On the day of the election, the communal electoral office performs the count and determines the validity of the ballots.
2. The Council of State may authorize the communal offices of municipalities with more than 10,000 inhabitants to begin counting on the eve of the election day. The counting must take place in a room separate from the voting area.
3. All necessary measures must be taken to ensure the secrecy of the count until the close of the voting; the results of the early count must be kept confidential and may not be disclosed outside the counting area.
4. In municipalities with a general council, any counting before the close of the communal voting is excluded.
5. No one may enter the counting area except for the members of the electoral office, the persons called to assist with the counting operations, and the observers.
6. The use of new technical means for counting is subject to the authorization of the Council of State. It may issue instructions in this regard.
1. Ballots are considered blank if they do not contain any inscription, or only a dash.
1. Ballots are void if they
a. are not official;
b. are not filled out by hand;
c. contain inscriptions other than yes or no; and, in municipalities equipped with specific technical means, contain inscriptions other than a cross or more than one answer per question;
d. are illegible;
e. are in excess, unless their content is identical. If the excess ballots have identical content, the polling station shall count only one of them; otherwise, it shall count only one of them as a void ballot.
1. Null ballots are not considered validly cast ballots and are not taken into account for the establishment of the results. Blank ballots are counted among the validly cast ballots.
2. The measure is accepted if the number of ballots expressing a "yes" exceeds the number of ballots expressing a "no."
1. The office prepares the minutes of the proceedings.
2. It drafts an extract, one copy of which is posted on the public notice board and another is sent to the prefect.
1. The prefect transmits the extracts of the minutes to the department which summarizes the results.
2. The Council of State publishes them in the Official Gazette and on the official website of the State of Vaud.
1. All terms last five years and are renewable.
2. In the case of by-elections, the terms expire at the end of the legislative period.
1. If the number of eligible candidates does not exceed the number of seats to be filled, they are declared tacitly elected by the competent authority in the following elections
a. second round of general elections under the majority system and election of substitutes;
b. election to the syndicature;
c. by-election.
2. Tacit election renders the convening order null and void.
1. Candidate lists and the names of the signatories can be reviewed from the deadline for the submission of the lists until the day of the vote.
1. The municipal electoral office ensures that at least one copy of each duly submitted list is posted inside the voting premises, bearing its signature and seal.
2. Any other list must be excluded from these premises.
1. For all elections, the department shall print the official electoral material, which includes
a. a transmission envelope;
b. a ballot envelope intended to contain the ballot papers (a maximum of one per ballot or current round of voting).
2. For municipal elections, the municipality shall print
a. explanations on how to vote;
b. a complete set of party-list ballot papers and the ballot paper for handwritten voting.
3. Party-list ballot papers shall be printed in accordance with the definitive lists of candidates.
4. The Council of State shall determine the requirements relating to the content and form of ballot papers.
1. The competent authority shall bear the costs of printing list ballots and ballots for manual voting.
2. Regarding the costs of printing list ballots
a. they shall be fully borne by the canton for elections to the National Council and for general cantonal elections;
b. for complementary cantonal elections, only lists that have obtained at least 5% of the validly cast votes shall benefit from cantonal coverage; the deposit of a guarantee may be required;
c. The municipality shall decide on their coverage for communal elections;
3. When an electoral list does not meet the conditions for coverage defined in paragraph 2, letter b, the competent authority may charge the printing costs to the candidates on that list. Its decision shall constitute an enforceable title within the meaning of Article 80 of the Federal Act on Debt Enforcement and Bankruptcy.
1. Each member of the electorate has as many votes as there are seats to be filled.
1. The municipal electoral office conducts the counting and determines the validity of the election ballots.
2. Article 34 applies by analogy.
1. Official ballots that bear neither name nor inscription, or only a dash, are considered blank.
1. Ballots are void
a. if they are not official;
b. if they are filled in or modified otherwise than by hand;
c. if they bear any improper inscription or one unrelated to the purpose of the election;
d. if they are accompanied by an attachment;
e. if all candidates have been struck out;
f. if they contain deletions or additions that are not all made by the hand of the elector and have been made systematically;
g. if, in the proportional system, they do not bear any name of an official candidate in the constituency;
h. if they are in surplus, unless their content is identical. If the surplus ballots have identical content, the communal electoral office shall count only one of them; otherwise, it shall count only one of them as a void ballot.
1. Void ballots are not counted in the determination of the election results.
2. In the case of elections conducted under the proportional or single-round majority system, blank ballots are considered validly cast but are not taken into account in the determination of the election results.
3. In the case of elections conducted under the two-round majority system, blank ballots are counted for establishing an absolute majority in the first round and a relative majority in the second round.
1. When the law provides for the drawing of lots, the operation is the responsibility of the chairman of the bureau, in the presence of the members of the electoral bureau.
2. During the election of the National Council, the Council of States, and the Council of State, the cantonal electoral bureau is competent.
1. The Grand Council is composed of one hundred and fifty members, elected by the people according to the system of proportional representation.
1. The districts established by the legislation on territorial division constitute the electoral constituencies.
2. The "chief town of the constituency" is the chief town of the district.
1. The district of Jura-Nord Vaudois comprises
a. the sub-district of La Vallée, formed by the Municipality of La Vallée de Joux, which constitutes its chief town.
b. the sub-district of Yverdon, formed by the other municipalities of the district, with Yverdon-les-Bains as its chief town.
2. The district of Lausanne comprises
a. the sub-district of Lausanne-Ville, formed by the municipality of Lausanne, with Lausanne as its chief town;
b. the sub-district of Romanel, formed by the municipalities of Cheseaux-sur-Lausanne, Epalinges, Jouxtens-Mézery, Le Mont-sur-Lausanne, and Romanel-sur-Lausanne, with Romanel-sur-Lausanne as its chief town.
3. The district of Riviera-Pays-d'Enhaut comprises
a. the sub-district of Pays-d'Enhaut, formed by the municipalities of Château-d'Oex, Rossinière, and Rougemont, with Château-d'Oex as its chief town;
b. the sub-district of Vevey, formed by the other municipalities of the district, with Vevey as its chief town.
1. The Council of State determines the distribution of the 150 deputy mandates among the districts based on the latest annual cantonal population statistics, according to the following rules
a. First distribution: the figure for the cantonal population is divided by 150. The number obtained, rounded up to the nearest whole number, constitutes the distribution quotient. Each district obtains as many mandates as the number of its population contains this quotient.
b. Second distribution: the remaining mandates are allocated to the districts with the highest remainders. In case of equal remainders, lots are drawn.
1. The Council of State then determines the allocation of mandates obtained by each of the subdivided districts between its sub-districts, according to the following rules: the population figure of the district is divided by the number of mandates it has obtained. The whole number immediately greater than the result obtained is multiplied by two to give the first distribution quotient. If the population figure of a sub-district does not reach this quotient, this sub-district obtains two mandates and the other sub-district receives the remaining mandates allocated to the district.
2. If both sub-districts reach this quotient, Article 55 (first and second distribution) applies by analogy.
1. The president of the main office of the district presides over the district office; they appoint its members, specifically consulting political parties, to ensure the conduct and counting of the vote.
2. The district office convenes on the day of the election; it summarizes the results transmitted by the municipal electoral offices, allocates the seats, and announces the elected candidates.
1. Article 57, paragraph 2, applies by analogy. However, relevant data is first transmitted by the sub-districts to the district office, which is responsible for conducting the central allocation of seats. The declaration of the elected individuals by the sub-district offices occurs after receiving the results of this allocation.
1. Lists of candidates must be filed at the municipal clerk's office of the district (or sub-district) capital no later than 12:00 p.m. on the Monday of the eighth week preceding the election.
2. Each list must be signed by ten members of the electorate residing in the district (or sub-district), containing their surname(s), given name(s), year of birth, place(s) of origin, and domicile.
3. Each list must designate an authorized representative and a deputy. In the absence of such designation, the person whose name appears first among the signatories will be considered the authorized representative, and the next person as the deputy.
4. Parties duly registered in the political party register are exempt from the obligations provided in paragraphs 2 and 3, provided that an authorized representative and a deputy are designated in the register.
5. The authorized representative and the deputy must have the exercise of civil rights.
6. Each list must be accompanied by a declaration of acceptance signed by each candidate. This signature may be replaced by that of an authorized representative with a special power of attorney attached to the declaration.
7. A candidate can only be registered on a list if he or she has established residence in the district or sub-district in which they are running no later than the deadline for the submission of lists.
1. A list cannot contain more names than there are seats to be filled in the district (or sub-district) nor more than twice the name of any candidate.
2. Each list must have a distinct designation and include the surname(s), first name(s), year of birth, place(s) of origin, profession, and residence of all candidates.
1. No one may sign more than one list of candidates nor withdraw their signature after the list has been submitted.
2. Signatures appearing on more than one list are null and void.
1. No one may be a candidate on more than one list.
2. In the event of a breach of this rule, the candidacies are void.
1. No one may withdraw or add their candidacy after the submission of the list.
1. The municipal registry of the district (or sub-district) headquarters records the time of submission of the lists; once all the lists have been submitted, it assigns them a sequence number determined by drawing lots in front of the district (or sub-district) office.
2. The president of the district (or sub-district) office examines the lists immediately after the submission deadline; he or she automatically strikes out any candidacies that are contrary to the law and eliminates surplus candidacies at the end of the list.
3. If necessary, he or she sets a deadline for the authorized representative or the deputy to correct the defects affecting the list, to amend any misleading designations, and to replace any candidates whose names have been automatically struck out.
4. If a defect is not remedied within the specified timeframe, the list is declared null and void; when the defect only affects a single candidacy, only the name of that candidate is struck out.
5. The president of the office immediately communicates the approved lists to the department for verification.
6. No modifications can be made to the lists of candidates after the Friday of the eighth week preceding the election.
1. Two or more lists may be associated by a concordant written declaration from their agents made at the municipal registry office of the district capital at the time of submitting the lists.
2. The association must be indicated on the official party ballots reproducing the lists; otherwise, it will not be considered for the allocation of seats among the lists.
1. In subdivided districts, affiliation is permitted
a. between the lists of the two sub-districts to form a "joint lists group";
b. between two or more lists or joint lists groups to form an "affiliated lists group."
2. Affiliations between lists of the same sub-district are not permitted.
3. Declarations of affiliation must be filed with the municipal clerk's office of both sub-district capitals at the same time as the lists.
4. Article 65 is applicable for the remainder.
1. The municipal registry office of the district (or sub-district) headquarters shall post the final lists, complete with their name, order number, and affiliation, on its public notice board. It shall transmit a copy to the department.
2. The department shall post the information mentioned in paragraph 1 on the official website of the State of Vaud.
3. Ballot papers may under no circumstances be displayed or published.
1. If no list is submitted, the electorate may vote for any eligible citizen; those who receive the highest number of votes are elected.
2. In the event of a tie, the decision is made by lot.
1. The member of the electorate votes using, at their choice
a. an official party ballot without modifying it (compact);
b. an official party ballot that they have modified by hand by striking through the name of candidates (crossed-out) or by writing in the name of candidates from other lists (mixed);
c. an official ballot for handwritten voting on which they have written by hand the name of eligible candidates and, if applicable, attributed the remaining votes to the list of their choice, by indicating its name or its order number.
2. The member of the electorate may include the name of the same candidate a maximum of two times (cumulation) on the ballot.
1. The following shall be struck out
a. votes cast more than twice for a single candidate;
b. names that do not appear on any list for the district (or sub-district);
c. names written illegibly or with insufficient precision;
d. names of surplus candidates, beginning with the last one registered;
e. names written on the back.
1. Votes that are not cast for any candidates are attributed to the list whose title or order number appears on the ballot.
2. In the event of a discrepancy between the title and the order number, the title prevails.
3. If the ballot bears neither a title nor an order number, if these have been crossed out, or if the ballot contains multiple options, the unused votes are considered blank.
4. Votes received for individuals who have passed away since the finalization of the lists are counted as nominal votes.
1. As soon as the ballot is counted, the minutes of the communal operations are prepared, signed, and posted on the public notice board.
2. It is transmitted to the district prefecture.
1. The district office shall immediately eliminate all lists or groups of related lists that have not received at least 5% of the total valid votes cast in the district (quorum).
2. These lists or groups of lists, as well as the votes they have received, are no longer taken into account in the subsequent proceedings.
1. Seats are allocated to the lists admitted to the distribution according to the following rules, with each group of affiliated lists thereafter being considered as a single list
a. the total number of votes for these lists is divided by the number of seats to be filled; the result, rounded up to the next whole number, constitutes the electoral quotient;
b. each list obtains as many seats as the total of its votes contains times the said quotient;
c. if not all seats are allocated, the remaining seats are allocated to the lists with the highest remainders;
d. in case of equality of remainders, seats are allocated to the lists that obtained the fewest seats under letter b. In case of a tie, lots are drawn.
2. The seats they have respectively obtained are then distributed within each of the groups of affiliated lists according to the following rules
a. the total number of votes for the affiliated lists is divided by the number of seats obtained by the group;
b. for the remainder, the rules of paragraph 1, letters a to d above, apply by analogy.
1. The district office immediately eliminates the lists or groups of related or joint lists that have not obtained at least 5% of the total weighted valid votes cast in the district (quorum).
2. These lists or groups of related or joint lists, as well as the votes they have received, are no longer taken into consideration in the subsequent operations.
1. Seats are distributed according to the following principles
a. distribution of seats based on the total weighted votes obtained by each party in the district;
b. if necessary, adaptation of the number of seats to the number of mandates due to each sub-district (transfers of seats).
1. The party votes obtained by lists and groups of lists (joint and affiliated) admitted to distribution are converted into weighting figures (number of party votes divided by the number of seats in the sub-district) with fractions rounded.
1. The allocation of seats among lists or groups of lists is carried out in accordance with Article 74, paragraph 1, with each group of related or joint lists (hereinafter: group of lists) being considered as a single list.
2. Each list (or group of lists) receives as many seats as the weighting figure contains the distribution quotient. The lists (or groups of lists) that have obtained the highest remainders each receive one of the remaining seats.
3. In the event of equal remainders, the seat is allocated to the list (or group of lists) in the most populous sub-district. In case of a tie, the decision is made by drawing lots.
4. The allocation of seats within the groups of related lists and then the groups of joint lists is subsequently carried out according to paragraphs 1 to 3, applied by analogy.
1. If a sub-district does not obtain the number of mandates to which it is entitled according to Article 56, a transfer of a seat is conducted from the over-represented sub-district to the under-represented sub-district.
2. The weighting figures of the lists from the under-represented sub-district are first divided by the number of seats obtained, plus one. The weighting figures of the lists from the over-represented sub-district are then divided by the number of seats obtained. By dividing the first quotient by the second, a relative number (double quotient) is obtained for each list. The transfer of the extra seat is carried out within a group of joint lists and at the expense of the list that records the highest relative number. In the event of a tie of relative numbers, the decision is made by drawing lots.
3. If multiple seats must be transferred, the initial data is reconsidered after each transfer.
1. Elected, up to the number of seats allocated to each list, are the candidates who have obtained the highest number of nominal votes.
2. Those who are not elected are deemed alternates in the order of the nominal votes received.
3. In the event of a tie in the nominal votes, the result determines the rank.
4. Each sub-district office proceeds with the designation of the elected persons in the subdivided districts.
1. If a list obtains more seats than it has candidates, a by-election is conducted according to the rules of Articles 84 and 85.
1. As soon as the seat allocation operations are completed, the district office prepares a report, signs it, and posts it on the public notice board. In subdivided districts, this report is immediately transmitted to the sub-district offices.
2. An excerpt of this report is transmitted via the prefect to the Council of State, which forwards it to the Grand Council.
1. The department summarizes the results communicated by the district offices and publishes them in the Official Gazette.
1. In the event of a seat becoming vacant during the legislature, the General Secretariat of the Grand Council invites the district (or sub-district) office to fill it.
2. The office declares elected the first eligible alternate from the same list; if the latter refuses the seat, the next alternate takes their place.
3. An alternate who refuses their election or no longer meets the conditions set forth in Article 59, paragraph 7, is removed from the list of alternates and is no longer eligible in that capacity.
4. When a vacant seat cannot be filled by an alternate, the signatories of the list to which the person whose seat is being filled belonged may present a replacement candidacy; this candidacy must obtain the support of at least six signatories of the original list.
5. If the person whose seat is being filled had been elected on the list of a political party registered in the party register at the time of the election, the competent statutory bodies of the party may present a replacement candidacy.
1. Failing designation according to the procedures stipulated in Article 84 within a period of five weeks, the department shall convene the electorate.
2. If only one seat is vacant, the election is held by a relative majority. If multiple seats are vacant, the election proceeds according to the system of proportional representation.
3. There is no need to hold a by-election when the mandate becomes vacant less than six months before the general elections.
1. The Council of State is composed of seven members elected by the people in the first round by absolute majority, and in the second round by relative majority.
2. The canton forms the electoral district.
1. Each list must be signed by fifty members of the electoral body domiciled in the canton and submitted to the department. Parties duly registered in the register of political parties within the meaning of Article 29 are exempt from this obligation when submitting their lists. Article 59 applies for the remainder.
1. Articles 60, Paragraph 2, 61, 62, 63, 64 are applicable, with the department being competent to make decisions.
2. The lists must include the political affiliation of the candidates.
1. The department publishes the final lists in the Official Gazette.
1. The member of the electoral body votes using the official single ballot.
2. The single ballot presents each list with the candidates appearing thereon. The order of appearance of the lists on the single ballot is determined by the order number assigned to them in accordance with Article 64, paragraph 1. The regulation further specifies the presentation of the ballot.
3. The member of the electoral body allocates their votes to the candidates by placing a cross in the box next to their name. They may also vote for an eligible person who is not a candidate by using the section of the ballot dedicated for this purpose.
4. Ballots containing excess votes are void.
1. As soon as the ballot is counted, the minutes of the municipal operations are prepared and signed.
2. An excerpt prepared on the official form is transmitted through the prefect to the department for recapitulation.
1. The candidates who have received more than half of the valid votes (absolute majority) and the highest number of votes in the first round are declared elected by the Council of State.
2. In the event of a tie, the decision is made by lot.
3. The results are published in the Official Gazette.
1. If any seats remain to be filled, a second round of voting shall be conducted.
2. The second round generally takes place three weeks after the first round.
1. Articles 87 to 91 shall apply for the submission of lists for the second round. Candidate lists must be submitted to the department no later than Tuesday of the third week preceding the second round at precisely 12:00 PM.
**1. Eligibility for Participation in the Second Round of Voting**
Eligible to participate in the second round of voting are candidates who were not elected in the first round and who have obtained at least 5% of the validly cast votes.
**2. Replacement of Candidates on Lists**
Lists on which one of the registered candidates meets the conditions of paragraph 1 may replace one or more registered candidates or present others.
**3. Conditions for Submission of Lists in the Second Round**
In the situation referred to in paragraph 2, the submitted list must bear the same designation as that submitted in the first round. It must be signed by 50 members of the electoral body, including at least 10 from the initial list, with duly registered political parties in the political parties register being exempt from this obligation.
1. Elected for the remaining seats to be filled are the candidates who have obtained the largest number of votes (relative majority).
2. In the event of an equality of votes, the decision shall be made by lot.
3. The results are published in the Official Gazette.
1. In the event of a vacancy during the legislative session, a supplementary election shall be held within ninety days, using a two-round majority system, unless a general election is to occur within six months.
1. The electorate elects the two Vaud members of the Council of States at the same time and for the same duration as the Vaud members of the National Council. They are eligible for re-election.
2. The voting method is the same as that for the election of the Council of State.
1. The lists must be submitted within the same timeframe as for the election to the National Council.
1. Any vacancy in the Council of States shall be filled within ninety days, unless the end of the legislature occurs within four months.
1. Members of the National Council, the Council of State, and the Cantonal Court cannot sit in the Council of States.
1. General elections in the municipalities take place every five years during the first half of the year.
1. The municipal council is elected in principle according to the proportional representation system. However, a municipal regulation may establish a two-round majority system in municipalities with fewer than 3,000 inhabitants.
2. A change in the voting system can also be proposed through popular initiative.
3. The election method for the municipal council cannot be changed after June 30 of the year preceding the general election year.
4. The municipality constitutes the electoral district. The provisions of the law on municipal mergers (LFusCom) [D] are reserved.
5. The municipality and the mayor are elected under the two-round majority system.
6. The people first elect the members of the municipality. They then choose the mayor from among them.
7. The provisions of the law on municipalities are reserved.
1. Subject to the specific provisions of this chapter, the rules governing the election to the Grand Council shall apply mutatis mutandis to the elections of municipal councils by the proportional representation system.
2. Subject to the specific provisions of this chapter, the rules governing the election of the Council of State shall apply mutatis mutandis to elections by the majority system, with the exception of Article 95, which is only applicable to the election of the municipality in communes with more than 10,000 inhabitants.
1. The municipal electoral office is competent to make decisions and proclaim the elected candidates.
1. The lists of candidates must be submitted to the municipal registry no later than Monday of the eighth week preceding the election at precisely 12:00 P.M. In the event of a second round, the lists of candidates must be submitted to the municipal registry no later than Tuesday of the third week preceding the second round at precisely 12:00 P.M.
2. Each list must bear the signature of ten members of the electoral body for elections under the proportional system and of three for elections under the majority system.
3. Each list must designate an official representative and a substitute representative. In the absence thereof, the person whose name appears first among the signatories is considered the official representative, and the following person is considered the substitute representative.
4. Parties duly registered on the register of political parties are exempt from the obligations set out in paragraphs 2 and 3 provided that an official representative and a substitute representative are designated in the register.
5. The official representative and the substitute representative must possess full civil rights.
6. Each list must be accompanied by a declaration of acceptance signed by each candidate. The signature of a candidate may be replaced by that of an official representative with the benefit of a special power of attorney attached to the declaration.
7. A candidate may only be included on a list if they have established residence in the commune where they are running for office no later than the expiration of the deadline for the submission of lists.
1. Candidate lists must be submitted to the municipal registry no later than Tuesday of the third week preceding the election at precisely 12:00 PM.
2. The department may extend this deadline if the election takes place concurrently with a federal or cantonal vote.
1. In the event of a vacancy during the term, the seat shall be filled according to the procedure provided in Article 84.
2. A by-election shall be held as soon as more than one-fifth of the seats on the municipal council are vacant. The procedure is further governed by Article 85.
3. There shall be no by-election when the seat becomes vacant less than six months before the general elections.
1. The number of substitute members to be elected in municipalities with a communal council elected under the majority system is at least
a. 12 in councils with up to 45 members;
b. 18 if the number of members exceeds 45.
2. The communal council may fix a higher number of substitute members to be elected; it shall decide no later than June 30 of the year preceding the complete renewal of the communal authorities.
3. During the election of the council, each member of the electorate has as many votes as there are seats on the council and substitute mandates to be filled.
4. A member of the electorate may cast only one vote for each candidate. In case of multiple votes, the additional votes shall be struck out. The member of the electorate votes using, at their choice
a. A party ballot without modifying it;
b. A party ballot that they have modified by hand by
1. striking out the name of candidates;
2. writing in the name of candidates or eligible persons;
c. A ballot for handwritten voting where they write in the name of candidates or eligible persons.
5. Candidates who have obtained an absolute majority of votes in the first round of election are elected as council members or substitute members, depending on the number of nominative votes obtained.
6. In the second round, candidates are elected as council members or substitute members, depending on the number of positions to be filled and the nominative votes obtained.
7. When the list of substitute members is exhausted, the communal council may request the organization of a by-election to reconstitute this list. The election of substitute members takes place in a single round, by relative majority. As soon as the number of council members is reduced by one-fifth, a by-election is organized to complete the council and reconstitute the list of substitute members.
8. There is no need to proceed with a by-election when the mandate becomes vacant less than six months before the general elections.
1. The deadline for the submission of lists is set no later than Monday of the sixth week before the first round of voting at precisely 12:00 PM.
2. The department may shorten this deadline if the election does not take place at the same time as a federal or cantonal vote.
1. Any request for an initiative must be announced to the department before the collection of signatures by at least seven members of the electorate constituting the committee or by a party duly registered in the register of political parties.
2. It must be submitted in the form of a draft list of signatures containing the following information
a. the title and text of the initiative;
b. the municipality where the signatory is registered in the electoral register;
c. the date of publication in the Official Gazette and the deadline for depositing signatures;
d. a withdrawal clause;
e. the names, surnames, and addresses of the committee members, or at least seven of them;
f. the mention that anyone who falsifies the result of a signature collection is punishable (Art. 282 of the Criminal Code [E]);
g. the mention that the same list can only bear the signatures of members of the electorate domiciled in the same municipality.
3. In the event of a popular vote, the question submitted to the electorate shall be: "Do you accept the popular initiative ["title of the initiative"]?"
1. The department shall refuse to allow the collection of signatures, after having previously heard the committee or party behind the initiative, when
a. the title of the initiative is misleading, contains elements of commercial advertising, or is confusing;
b. the list does not meet the formal requirements set out by this law;
c. the subject matter of the initiative does not fall within the scope of Article 78 of the Constitution of the Canton of Vaud.
2. The committee or party behind the initiative may attach an explanatory statement to the list of signatures. However, this statement must be clearly distinct from the list and expressly indicate that it is binding only upon its authors. The department may modify or refuse statements that are defamatory or manifestly contrary to the truth.
3. In the absence of one of the grounds for refusal mentioned in paragraph 1, the department shall promptly submit the list to the Council of State for validation and authorization to collect signatures.
1. Before authorizing the collection of signatures, the Council of State shall rule expeditiously and with reasons on the validity of the initiative. It shall declare its nullity if
a. it is contrary to superior law;
b. it violates the unity of rank, form, or subject matter.
2. If the department responsible for examining the file for the Council of State considers that there are grounds for nullity, it shall inform the committee or party behind the initiative and set a deadline for them to respond.
3. The unity of subject matter is respected when there is an intrinsic link between the different parts of the initiative.
4. The unity of form is respected when the initiative is submitted exclusively in the form of a proposal conceived in general terms or exclusively in the form of a fully drafted bill.
5. The unity of rank is respected when the initiative contains proposals falling under a single category of acts for which the initiative is authorized.
1. The decision of the Council of State is published in the Official Gazette.
1. Validation procedure by the Council of State is free of charge.
2. The Council of State may charge a fee of up to 2,000 francs to the committee or party responsible for the initiative and may require an advance payment in cases of successive submissions of texts that constitute a manifest abuse.
1. Once the validation decision has come into force, the title and text of the initiative are published in the Official Gazette. This publication marks the start of the signature collection period.
2. The publication date is set by the department, in agreement with the committee or party originating the initiative.
1. The member of the electorate must write their name and forenames by hand in a legible manner on the signature list; they shall append their signature. They must provide all other information necessary to verify their identity, such as their date of birth and address.
2. The member of the electorate may only sign the same initiative once.
3. A member of the electorate unable to write may have their name entered on the list by another member of their choosing. The latter shall enter all required information regarding the person on whose behalf they are signing. In the "signature" section, they shall write their own name very clearly and include the notation "by order" or "p.o" and shall sign their own hand.
4. The committee or party originating the initiative is required to take all appropriate measures to ensure the confidentiality of the data obtained in the course of collecting signatures. These data may not be transmitted to third parties. The committee or party originating the initiative may not use the signature lists for purposes other than their preservation for submission to the competent authority.
5. No one may create a database using the information contained in the signature lists unless the person concerned has freely, knowingly, and explicitly consented to it.
1. The initiative committee, the party behind the initiative, or the signatories shall submit all signature lists to the municipal clerk for verification purposes no later than four months after the publication stipulated in Article 116.
2. If the deadline falls on a Saturday, Sunday, or a legal public holiday, the lists may still be submitted on the first subsequent working day.
1. The municipality certifies that the signatories are members of the electorate if their name appears in the register on the day the list was submitted for certification.
2. When a member of the electorate has signed the initiative multiple times, only one signature is validated.
3. Certification is refused when the signatory is not a member of the electorate or when the requirements of Article 118 are not fulfilled.
4. The reason for the refusal is indicated on the list of signatures.
5. Certification regarding the status of signatories as members of the electorate may be provided collectively for multiple lists.
1. No later than two weeks following the deposit deadline, the lists of certified signatures must be returned by the municipality to the committee or party responsible for the initiative.
2. No later than three weeks following the deposit deadline, the committee or party responsible for the initiative shall submit all lists of signatures to the department.
3. At the conclusion of the procedure and after all avenues of appeal have been exhausted, the committee or party responsible for the initiative shall submit all lists of signatures to the department for their destruction. The committee or party responsible for the initiative may not retain any copies of the lists of signatures.
1. The department requires the municipality to remedy the defects affecting the certification, if the outcome of the initiative depends on it.
1. The department determines whether the initiative has collected the required number of valid signatures within the deadline.
2. Signatures given by persons whose status as a member of the electorate has not been certified, or for whom the certification is null or erroneously given, are void.
3. The department publishes its decision in the Official Gazette, indicating the number of valid signatures, and informs the initiative committee.
1. If the initiative is successful, it is transmitted as soon as possible to the Grand Council by the Council of State.
2. The Council of State has a period of 15 months to submit its opinion to the Grand Council. The period is extended to 27 months if the opinion is accompanied by a counter-proposal.
3. The Council of State may request an extension of these deadlines by 6 months from the Grand Council in the event of just cause.
4. In the absence of an opinion submitted within the deadlines, the matter is directly transmitted to the Grand Council.
5. If the Grand Council does not adopt a recommendation within the time frame provided by Article 82 of the Constitution, the Council of State orders the convening of the electorate without the Grand Council being able to issue a recommendation or oppose a counter-proposal to the initiative.
1. Any initiative may be withdrawn up until the thirtieth day following the publication in the Official Gazette of the decree by the Grand Council ordering the convocation of the electorate.
2. The withdrawal must be decided by an absolute majority of the committee members or by the competent statutory bodies of the party that initiated the proposal.
3. It is communicated to the department and published in the Official Gazette.
1. The withdrawal of an initiative is in principle unconditional.
2. When the Grand Council adopts a counter-proposal to an initiative, it specifies in the decree ordering the convocation of the electorate whether, in the event of an unconditional withdrawal of the initiative
a. the counter-proposal is submitted to a popular vote or if it lapses, in the case of a constitutional-level counter-proposal;
b. the counter-proposal becomes law and is subject to an optional referendum, or if it lapses, in the case of a legislative-level counter-proposal.
3. When a counter-proposal has been adopted by the Grand Council in opposition to the initiative, the committee or party originating the initiative may condition the withdrawal of the latter on the final adoption of the counter-proposal and the exhaustion of legal remedies against it.
4. In the event of a conditional withdrawal of the initiative, the committee or party originating the initiative may withdraw its initiative despite the failure of the counter-proposal. This withdrawal is unconditional and final.
1. The principle of completely revising the Constitution is subject to a popular vote no later than eighteen months after the initiative is transmitted to the Grand Council.
2. The Grand Council may recommend its rejection or acceptance.
3. The revised Constitution is submitted to a vote of the people within six months following the final decision of the Grand Council or the Constituent Assembly.
1. The initiative must be drafted in the form of one or more constitutional articles.
2. The Grand Council may recommend its rejection or acceptance.
3. The initiative is submitted to a popular vote, accompanied, if necessary, by a counterproposal or a recommendation.
1. The initiative must specify the content of the constitutional provisions whose drafting or amendment it requests.
2. When it is approved by the Grand Council, the latter drafts the requested provisions and submits them to a popular vote.
3. When it is not approved by the Grand Council, the latter directly submits the initiative to a popular vote, potentially with a recommendation of rejection.
4. If it is accepted by the people, the Grand Council is obliged to act upon it, respecting the intentions of the proponents, within three years following the vote; this period may be extended by a maximum of two years by a decision of the Grand Council.
1. The initiative must be presented in the form of a draft law or decree that can be submitted to an optional referendum, fully drafted.
2. When approved by the Grand Council, it becomes law or decree without automatically being submitted to a popular vote; this law or decree is subject to a referendum.
3. When the initiative is not approved by the Grand Council, the latter submits it to a popular vote, accompanied, if necessary, by a recommendation for rejection or by opposing it with a counter-proposal.
4. The initiative, accompanied if necessary by the recommendation or the Grand Council's counter-proposal, is printed and distributed to the members of the electorate during the fourth week preceding the vote.
1. The initiative must specify the content of the legislative provisions whose formulation or amendment it requests.
2. When approved by the Grand Council, the initiative is not submitted to a popular vote; the Grand Council drafts the requested law or decree, which is subject to a referendum.
3. When not approved by the Grand Council, it is submitted as is to a popular vote with, if necessary, a recommendation for rejection.
4. If accepted by the people, the Grand Council is required to act upon it, respecting the intentions of its sponsors, within three years following the vote; this period may be extended by up to two years by a decision of the Grand Council.
1. The initiative must designate the international treaty or concordat on which negotiations are to be opened, and indicate the objective to be aimed for by these negotiations.
2. When approved by the Grand Council, the initiative is not submitted to a public vote; the Grand Council instructs the Council of State to open the negotiations requested by the signatories; the related decree is subject to an optional referendum.
3. When it is not approved by the Grand Council, it is submitted as is to a public vote, with, if applicable, a recommendation for rejection or a counter-proposal.
4. If it is accepted by the public, the Grand Council is obliged to instruct the Council of State to open the negotiations requested by the signatories. These negotiations must be opened within six months following the vote.
5. Once a year, the Council of State reports to the Grand Council on the negotiations opened following a popular initiative.
1. When the Grand Council has submitted a counter-proposal to a thoroughly drafted constitutional or legislative initiative, the electorate shall vote simultaneously on the initiative and on the counter-proposal.
2. In the event of a counter-proposal to the thoroughly drafted initiative, three questions shall appear on the ballot paper
a. Do you accept the popular initiative?
b. Do you accept the counter-proposal?
c. If both the popular initiative and the counter-proposal are accepted by the people, should it be the initiative or the counter-proposal that comes into force?
3. The majority shall be determined separately for each question. When both the popular initiative and the counter-proposal are accepted, the result given by the answers to the third question shall be decisive. The text that receives the majority of votes on this question shall come into force.
1. The Council of State shall organize, within six months from their adoption by the Grand Council or the Constituent Assembly, the vote on acts subject to mandatory referendum.
1. Articles 111 to 122 of this law are applicable by analogy, with the signature lists to be filed with the municipal clerk's office within sixty days following the publication of the contested act in the Official Gazette.
2. If the 60-day referendum period falls during the days of Christmas, New Year, or Easter, it is extended by 5 days.
3. If the 60-day referendum period falls during the period from July 15 to August 15, it is extended by 10 days.
4. The request for a referendum cannot be withdrawn.
5. When the referendum request has been successful, the department informs the Grand Council, and the Council of State submits the contested act to a popular vote within six months following the expiration of the referendum period.
1. In municipalities with a general or communal council, a fraction of the electorate may, in the forms and within the limits provided by law, submit a popular initiative request concerning
a. the realization of a project falling within the competence of the general or communal council;
b. the adoption, modification, or repeal of a regulation falling within the competence of the general or communal council;
c. the granting or withdrawal of a delegation of regulatory power to the municipality (Art. 4, para. 13 LC);
d. the substitution of a communal council for the general council, or vice-versa;
e. the modification of the mode of election of the communal council;
f. the modification of the number of members of the communal council;
g. the modification of the number of members of the municipality;
h. the request for the affiliation of the municipality to an adjoining district.
2. The conditions and modalities for exercising the right of initiative regarding municipal mergers and changes to municipal territory are subject to Articles 151 et seq. of this law.
1. Cannot be subject to an initiative request
a. management control;
b. the draft budget and accounts;
c. the draft taxation decree;
d. loans and investments;
e. the admission of new citizens;
f. appointments and elections;
g. regulations concerning the organization and functioning of the general or communal council or its relations with the municipality.
1. Every initiative must comply with
a. superior law;
b. the principle of unity of rank, form, and subject matter.
2. Unity of subject matter is respected when there is an intrinsic relationship between the different parts of an initiative.
3. Unity of form is respected when the initiative is submitted exclusively in the form of a proposal conceived in general terms or exclusively in the form of a draft written from scratch.
4. Unity of rank is respected when the initiative contains proposals falling under a single category of acts for which the initiative is authorized.
1. An initiative concerning the amendment or repeal of a regulation must be presented in the form of a fully drafted proposal. If it concerns the adoption of a regulation, it may be presented in the form of a fully drafted regulation or framed in general terms.
2. In other cases, it must be framed in general terms and state the objectives of the proposal.
1. Every request for an initiative must be announced to the municipal clerk's office before the collection of signatures by at least five members of the electorate forming the committee or by a political party duly registered in the register of political parties.
2. It shall be submitted in the form of a draft list of signatures containing the following information
a. the title and text of the initiative;
b. the start and end dates for the signature collection period; the start date is that of the publication of the collection authorization required by Article 141, paragraph 2;
c. a withdrawal clause;
d. the surnames, given names, and addresses of the committee members;
e. a statement indicating that anyone who falsifies the result of a signature collection is punishable (Article 282 of the Criminal Code);
f. a statement indicating that the lists may only bear the signatures of members of the electorate domiciled in the municipality;
3. In the event of a popular vote, the question submitted to the electorate shall be: "Do you accept the popular initiative ["title of the initiative"]?"
1. Upon receipt of the request, the municipality shall promptly review the title and text of the initiative.
2. If these are misleading, cause confusion, or contain elements of commercial advertising, they are corrected by the municipality in agreement with the committee or party responsible for the initiative.
3. The committee or party behind the initiative may attach an argument to the list of signatures. However, this argument must be clearly separate from the list and must explicitly state that it only represents its authors. The municipality may modify or reject statements that are defamatory or clearly untrue.
4. The municipality is also responsible for ruling on the validity of the initiative. Article 113 applies by analogy.
1. If the initiative request meets the requirements of Articles 139 and 140, the municipality formally acknowledges its submission, authorizes the collection of signatures, certifies the list, and informs the committee of the minimum number of signatures required.
2. The title and text of the initiative are posted on the public notice board.
1. The initiative request must be signed by 15% of the electorate of the municipality, 10% in municipalities where the electorate consists of more than 50,000 members.
1. The member of the electorate must clearly and legibly inscribe their surname(s) and given name(s) on the list and append their signature. Additional information concerning the individual may be included on the list to facilitate their identification.
2. The individual may only sign the same initiative once.
3. A member of the electorate unable to write may have their name inscribed on the list by another member of their choosing. This proxy must record all required information concerning the individual on whose behalf they are signing. In the "signature" section, the proxy must clearly write their own name and include the notation "per procurationem" or "p.p." and sign personally.
1. Signature lists must be submitted by the committee or party originating the initiative to the municipal registry for certification no later than three months after the posting of the authorization to collect at the public notice board (Article 141, paragraph 2).
2. If the deadline falls on a Saturday, a Sunday, or a legal holiday, the lists may still be submitted on the first working day following the deadline.
3. The committee or the party originating the initiative is required to take all necessary measures to ensure the confidentiality of data obtained in the course of collecting signatures. This data may not be transmitted to third parties. The committee or the party originating the initiative may not use the signature lists for purposes other than their retention for submission to the competent authority.
4. No one may create a database using the information contained in the signature lists unless the concerned person has given free, informed, and explicit consent.
1. The municipality certifies that the signatories are members of the electoral body if their name appears in the register on the day the list was submitted for certification.
2. When a member of the electoral body has signed the initiative multiple times, only one signature is validated.
3. Certification is refused when the signatory is not a member of the electoral body or when the requirements of Article 143, paragraph 1, are not met.
4. The reason for refusal is indicated on the list of signatures.
5. The certification regarding the signatories’ membership in the electoral body can be provided collectively for multiple lists.
1. The municipality determines within fifteen days whether the initiative has gathered the required number of valid signatures within the deadline.
2. It posts its decision on the public notice board, indicating the number of valid signatures, and informs the initiative committee.
3. At the conclusion of the procedure and after the exhaustion of all appeals, the committee or the party responsible for the initiative hands over all the signature lists to the Municipality for their destruction. The committee or the party responsible for the initiative may not retain any copies of the signature lists.
1. If the initiative is successful, it is transmitted as soon as possible to the general or municipal council by the municipality with its recommendation, possibly accompanied by a counterproposal, and an indication of the processing deadlines.
1. When the general or communal council approves the initiative, it becomes a regulation and is not automatically submitted to a popular vote; however, in communes with a communal council, this new regulation is subject to an optional referendum.
2. When it does not approve the initiative, the general or communal council submits it to a popular vote, accompanied, if applicable, by a recommendation to reject it or by proposing a counter-project.
3. The decision of the general or communal council must be made no later than
a. nine months after the successful completion of the initiative in the absence of a counter-project;
b. fifteen months after the successful completion of the initiative in the case of a counter-project.
4. The aforementioned decisions must be communicated to the initiative committee and posted on the public notice board.
5. The popular vote must take place no later than six months following the final decision of the general or communal council.
6. Article 132 is applicable by analogy to communal ballots when a counter-project is proposed against the initiative.
1. When the general or municipal council approves the initiative, it is not submitted to a popular vote; the general or municipal council is required to take, within fifteen months following the approval, the necessary decisions for its implementation; this period may be extended by up to six months by a decision of the general or municipal council. In municipalities with a municipal council, the decision to approve is subject to a referendum.
2. If the council does not approve it, the general or municipal council submits the initiative to a popular vote, possibly accompanied by a recommendation for rejection.
3. The decision to approve or reject by the general or municipal council must occur no later than nine months after the initiative's conclusion.
4. The aforementioned decisions are communicated to the initiative committee and posted on the public notice board.
5. The popular vote occurs no later than six months following the general or municipal council's decision.
6. If the initiative is accepted by the people, the general or municipal council is required, while respecting the signatories' intentions, to take, within fifteen months following the vote, the necessary decisions for its implementation; this period may be extended by up to six months by a decision of the general or municipal council.
1. Any initiative may be withdrawn up to the thirtieth day following the posting on the public notice board of the decision by the general or communal council ordering the summoning of the electorate.
2. The withdrawal must be decided by the absolute majority of the members of the committee or by the competent statutory bodies of the party originating the initiative.
3. It is communicated to the municipality and posted on the public notice board.
4. Article 125 applies mutatis mutandis regarding the methods of withdrawal of the initiative.
1. The initiative request concerns the principle of a merger of municipalities or a modification of the territory; it specifies the municipalities involved or the territory concerned.
1. If the initiative is successful, it must be submitted to a vote of the people within six months.
2. The general or communal council may oppose it with a counter-proposal and issue a voting recommendation.
1. In the event of acceptance of the initiative by the people, the municipality is obliged to engage in negotiations with the authorities of the other concerned municipalities and to implement everything that is reasonably possible to achieve a merger agreement or the proposed modification of the territory; it must report to the municipal or general council within the year on the results of the negotiations.
1. The rules relating to the general initiative in municipal matters apply for the remainder.
1. In associations of communes, a fraction of the electorate may, in the forms and within the limits prescribed by law, submit a popular initiative request concerning
a. the realization of a project falling within the competence of the intercommunal council;
b. the amendment or repeal of the association's statutes;
c. the adoption, amendment, or repeal of a regulation falling within the competence of the intercommunal council;
d. the granting or withdrawal of a delegation of regulatory competence to the executive committee;
e. the modification of the number of members of the intercommunal council;
f. the modification of the number of members of the executive committee.
1. The following cannot be subject to an initiative request
a. management control;
b. the draft budget and accounts;
c. borrowings and investments;
d. appointments and elections;
e. regulations concerning the organization and functioning of the intercommunal council or its relations with the steering committee.
1. The initiative request must be signed by 15% of the electorate of the member municipalities of the association, or 10% if the member municipalities have an electorate exceeding 50,000 members.
1. The validity of the initiative is determined according to the criteria set out in Article 137.
2. The form of the initiative must comply with the conditions established by Article 138.
3. The announcement of the initiative request is made in accordance with the rules provided in Article 139.
4. The preliminary examination is conducted according to the rules provided in Article 140.
5. The submission of signature lists must adhere to the deadline stipulated in Article 144.
6. The certification of signature lists and their transmission are carried out according to the rules set forth in Articles 145 to 147.
7. The withdrawal of the initiative is conducted in accordance with the rules provided in Article 150.
1. In federations of municipalities and urban areas, the right of initiative is exercised under the conditions set forth in Articles 155 to 158 of this law, applicable by analogy.
1. Decisions adopted by the communal council are subject to referendum.
2. The following may not be subject to a request for a referendum
a. appointments and elections;
b. decisions concerning the organization and functioning of the council or its relations with the municipality;
c. the budget taken as a whole;
d. management and accounts;
e. loans;
f. related expenditures;
g. decisions that maintain the existing state of affairs.
3. If the communal council intends to spontaneously submit a decision to a popular vote, it must decide on it during the same session. The decision submitted to the people, as well as the decision to proceed by spontaneous referendum, must be posted on the public pillar for information. The municipality invites communal council members who have opposed the subject to form a referendum committee.
4. When the council, by a three-quarters majority of voters, admits that the decision it is taking is of an exceptionally urgent nature and that its execution is incompatible with observing the referendum procedure, or that the achievement of its object would be compromised, a referendum may not be requested.
1. The referendum request related to the budget specifies the items of the administrative classification that are the subject of this request; the electorate votes separately on each of them.
1. The municipality shall post the objects subject to referendum on the public notice board within three days following
a. their adoption by the municipal council if they are decisions not subject to cantonal approval;
b. the publication of their approval in the Official Gazette if they are decisions subject to cantonal approval;
c. the notification of their approval if they are land use plans and their regulations.
2. In the cases referred to in paragraph 1, letters b and c, if the municipality, for informational purposes, posts a notice on the public notice board immediately after the decision of the municipal council, it shall specify that the decision must still be submitted for cantonal approval, that the referendum will only be possible after such approval, and that a new posting will take place at that time.
1. The request for a referendum must be submitted in writing to the municipality, accompanied by a draft list of signatures, by five members of the electorate constituting the committee, within ten days following the posting provided for in Article 162, paragraph 1, letters a and c, or the publication provided for in Article 162, paragraph 1, letter b.
2. Each list must reproduce at the top the subject of the decision as mentioned by the posting on the public notice board.
3. If the request for a referendum meets the above requirements, the municipality formally acknowledges its submission, authorizes the collection of signatures, seals the list, and informs the committee of the minimum number of signatures required; the title and text of the request for a referendum are posted on the public notice board.
1. Signature lists must be submitted to the municipal registry within thirty days following the posting provided for in Article 163, paragraph 3, and must be signed by 15% of the electoral body of the municipality, or 10% in municipalities with an electoral body of more than 50,000 members. The deadline extensions provided for in Article 134, paragraphs 2 and 3, apply mutatis mutandis.
2. The municipality counts all the signatures and verifies whether the referendum request has, within the deadline, obtained the prescribed number of valid signatures.
3. For all other matters, the provisions of the present law relating to referendums at the cantonal level and to initiatives at the municipal level apply mutatis mutandis.
1. When the referendum request is successful, the municipality informs the department through the prefect as well as the electorate by posting on the public notice board.
2. The prefect orders the vote within three months following the submission of the lists.
3. This period may be extended by the department.
1. In associations of municipalities, decisions adopted by the intermunicipal council are subject to a referendum.
2. Articles 160, paragraph 2, and 161 apply by analogy.
3. For decisions related to principal tasks, the referendum request must be submitted with signatures from at least 15% of the electorate of all associated municipalities.
4. For provisions related to optional tasks, the referendum request must be submitted with signatures from at least 15% of the electorate of all municipalities participating in these tasks.
5. If the number of registered electorate members in these municipalities exceeds 50,000, the request is admissible, provided it is signed by 10% of these members.
6. The same list may only contain signatures from electorate members residing in the municipality.
1. The executive committee publishes the items submitted to the referendum in the Official Gazette within fourteen days following their adoption. Each municipality shall also post these items on the public notice board within the same time frame.
2. The competent cantonal authority publishes the items subject to cantonal approval, and subsequently to a referendum, within fourteen days following the approval.
3. Each municipality shall also post these items on the municipal public notice board within fourteen days following their adoption, or the cantonal approval, respectively.
4. In the case of allocation plans and their regulations, the executive committee communicates their approval by cantonal authorities to the concerned municipalities and indicates the date for posting on the public notice board, which must occur on the same day in all municipalities, within fourteen days following the notification of approval by the cantonal authorities.
1. The referendum request must be submitted in writing to the municipality of the commune where the association is headquartered, accompanied by a copy of the signature lists, and signed by at least seven members of the electorate forming the committee, within ten days following the publication in the Official Notices Gazette, or the posting as outlined in Article 167, paragraph 4.
2. The municipality of the commune where the association is headquartered informs the management committee.
3. If the list meets the legal requirements, the municipality of the commune where the association is headquartered seals the lists and authorizes the collection of signatures.
4. The signature lists must be submitted to the municipalities of the associated communes within thirty days following the authorization for collection. The deadline extensions provided for in Article 134, paragraphs 2 and 3 apply analogously.
5. The deadline applies even if the posting was omitted in the communes.
**1. Articles 119 and 120, paragraph 1, of this law are applicable.**
1. If the referendum request is successful, the municipality of the association's host commune informs the Council of State, the management committee, and the concerned municipalities.
2. The municipality of the association's host commune orders the voting to be held within three months following the submission of the lists; the department may extend this period.
3. The minutes are transmitted to the municipality of the association's host commune by the communal electoral offices.
4. The result of the vote is determined by the majority of the validly cast votes in all the associated communes.
5. The municipality of the association's host commune summarizes the results and publishes them in the Official Notices Gazette.
1. In the federations of municipalities and agglomerations, the decisions adopted by the federation council, or respectively by the agglomeration council, are subject to a referendum.
2. Articles 166 to 170 above are applicable by analogy.
1. Any dispute regarding the application of this law may be subject to an appeal.
2. The Grand Council rules on appeals related to its election, the election of the Council of State, and the election of the Vaud members of the Council of States.
3. The prefect rules on appeals concerning municipal and inter-municipal ballots.
4. The Council of State decides on other appeals.
1. Anyone affected by a decision relating to voting rights and who has a legitimate interest in having it repealed or amended is entitled to file an appeal.
2. Any member of the electorate may file an appeal concerning a vote or an election.
1. The appeal must be filed within three days
- from the date on which the ground for contestation was discovered or could have been discovered with the attention required by the circumstances;
- from the publication of the results of the ballot referred to or the notification of the impugned act in other cases.
2. Article 7, paragraph 1, is reserved.
1. The appeal is sent, by registered letter
a. to the prefect if the appeal relates to a communal or intercommunal ballot;
b. to the service responsible for legal affairs when the appeal falls within the jurisdiction of the Council of State;
c. to the General Secretariat of the Grand Council when the appeal falls within the jurisdiction of the Grand Council.
**1. The appeal is lodged in writing and contains a brief statement of the facts, the grounds, and the conclusions.**
**2. In matters of election or voting, the appellant must make it plausible that the nature and significance of the irregularities alleged could have decisively influenced the result.**
1. An appeal does not have a suspensive effect.
2. The Bureau of the Grand Council may order pre-provisional and provisional measures to cease an identified irregularity concerning ballots for which the Grand Council is the appellate authority. The department holds the same power concerning ballots for which the Council of State is the appellate authority.
1. The person or entity undertaking the review conducts the investigation. They hear the appellant and may conduct additional hearings, if deemed necessary.
2. Once the investigation is closed, the file is forwarded to the competent authority for a decision.
1. The procedure is generally free of charge.
2. However, fees and costs may be imposed on the party acting recklessly or frivolously.
3. If the appeal initially appears reckless, the person or entity responsible for the proceedings may require the appellant to provide an advance for costs. If this is not provided within the set deadline, the person or entity responsible for the proceedings shall declare the appeal inadmissible.
4. No costs are awarded in the procedure.
1. Decisions are rendered without delay.
2. When the appeal is filed before the election, the decision must, if possible, be rendered early enough to take effect during the election.
3. The competent authority dismisses the appeal without further examination of the case if it finds that the alleged irregularities are neither of a nature nor of such importance that they could have decisively influenced the main result of the vote or election.
4. In addition to being notified to the parties, the decisions are subject to official publication. They include an indication of the avenues for appeal.
1. For the remainder, the provisions of the law on administrative procedure are applicable by analogy to the appeals process.
1. Final decisions and provisional measures rendered pursuant to Articles 172 to 181 of this law may be appealed to the Constitutional Court.
2. When the decision or act challenged originates from the Council of State, the appeal is brought directly before the Constitutional Court.
1. The individuals who have standing to act within the meaning of Article 173 of this law may file an appeal with the Constitutional Court.
1. The appeal is filed within ten days following the official publication of the decision.
1. The appeal must satisfy the formal requirements set forth in Article 176 of this Act.
1. The investigation is conducted in accordance with the law on constitutional jurisdiction. Article 179 is applicable.
1. The Court rules on appeals within the meaning of this Act in its ordinary composition.
2. It delivers its judgment within two months following the filing of the appeal.
3. The judgment is notified to the parties and is subject to official publication.
1. Decisions regarding the validity of a cantonal or communal initiative are subject to appeal to the Constitutional Court.
1. Any member of the cantonal electoral body has standing to appeal against the decision of the Council of State.
2. Any member of the communal electoral body has standing to appeal against the decision of the municipality.
3. Furthermore, the initiative committee, if constituted as a legal entity, as well as the party behind the initiative, also have standing to appeal.
1. The appeal must be filed within twenty days following the publication of the decision.
1. The appeal must be filed in writing and include grounds and conclusions.
1. The investigation is conducted in accordance with the law on constitutional jurisdiction.
1. The Constitutional Court rules on the appeal in its ordinary composition.
2. It delivers its judgment within three months following the filing of the appeal.
3. Its judgment is notified to the parties and is the subject of official publication.
1. The following are liable to a fine
a. the refusal to perform the duties of a member of the communal electoral office;
b. the presidents of communal electoral offices who fail to punctually execute their obligation to transmit the results to the competent authority;
c. the act of causing disturbances to public order within or in the vicinity of polling stations;
d. the act of consulting the electoral register for purposes other than verifying the accuracy of the data entered;
e. the refusal or omission to transmit to the department the accounts of persons subject to the obligation of transparency;
f. the refusal or omission to transmit to the department the identity of the donor and the amount of donations made in favor of persons subject to the obligation of transparency;
g. the failure to have taken all measures required by the circumstances to guarantee the confidentiality of data collected in the context of signature gathering for a popular vote;
h. the refusal or omission to transmit the signature lists for their destruction by the department.
2. Prosecution shall take place in accordance with the Law on Minor Offenses.
1. Anyone can report the offenses of which they are aware.
2. The municipal electoral office, the municipality, and the prefect are required to report them.
1. Article 90 shall come into force on July 1, 2023. In the interim, Article 72 of the Law on the Exercise of Political Rights of May 16, 1989, shall remain applicable.
1. The Law of 16 May 1989 on the Exercise of Political Rights is repealed [F].
2. The Law of 2 July 2003 concerning the Election of Vaud Members to the Council of States is repealed [G].
3. The Law of 18 May 1959 on Incompatibilities Resulting from the Granting of Political Rights to Women is repealed [H].
4. Article 79 of the Law of 11 February 1970 on the Organization of the Council of State is repealed [I].
1. The Council of State is responsible for the execution of this law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall set the date of entry into force by means of an official decree.