Ordinance on Postal Voting - Scope

1. This ordinance regulates the modalities of postal voting and voting by deposit at the municipality in federal, cantonal, and municipal elections and referendums.

2. This ordinance does not apply to votes organized during a town meeting or directly thereafter (Art. 16 para. 2 of the Municipal Law).

1. Every voter can vote by mail or by depositing at the municipality from the time they receive the voting materials.

2. Voting by mail is done through the postal service from any location in Switzerland or from abroad.

3. Voting by depositing at the municipality is exercised by directly placing the delivery envelope into a sealed ballot box at the municipal office.

1. Before every election and referendum, the municipal administration sends each voter at their residential address and personally

a) a ballot paper, or in the case of elections, one copy of each printed ballot as well as an empty official ballot paper;

b) for federal and cantonal ballots, the texts of the referenda and the official brochures or messages;

c) a transmission envelope and a return slip;

d) as many voting envelopes as there are organized ballots;

e) if applicable, a permanent or non-permanent voting card.

2. If multiple ballots take place on the same day, the voter receives a single transmission envelope and as many voting envelopes as there are organized ballots. The voting envelopes submitted at the entrance to the voting booths, as well as those used for postal voting and voting by deposit with the municipality, must be identical and clearly indicate the ballot for which they are intended.

1. A voter unable to write may be represented by a person of their choice to fulfill the formalities of voting by mail or casting a vote by deposit at the municipality. This person is authorized to sign on behalf of and for the voter unable to write. They must provide their surname and first name on the return sheet.

2. Service members in the military, civil protection, and civil service can request that voting materials be sent to their place of service.

1. For federal votes, voters who explicitly request it can have the voting materials sent directly to their foreign residential address.

2. For cantonal and municipal votes, municipalities are not obliged to send the voting materials to the foreign residential address.

1. The municipality shall arrange for each voter to receive the voting materials within the following deadlines

a) * For federal referendums and National Council elections, at the earliest four weeks and at the latest three weeks before the voting day;

b) * ...

c) * For cantonal and municipal elections and referendums, at least 15 days before voting; for cantonal elections (2nd round), this period is reduced to 8 days; for municipal elections (2nd round and supplementary elections), this period is reduced to 5 days.

1. If a federal and a cantonal or communal vote take place on the same day, the voting materials are sent to the voters simultaneously, in accordance with the deadlines prescribed by federal law.

**1. The Transmission Envelope has the form of a delivery and response envelope. It contains the following information:**

a) * the text of Article 282bis of the Swiss Criminal Code, which states that "anyone who systematically collects, fills out, or alters voting or election ballots, or who distributes such election or voting ballots, shall be fined";

b) the notice that transmission envelopes that are not or insufficiently stamped must be rejected by the municipality;

c) the notice that the transmission envelope delivered by mail must arrive at the municipality no later than the Friday before the polling day;

d) * the notice that the deposition of the transmission envelope at the municipality must occur during the times specified by the municipality, but no later than the Friday before the polling day.

1. The return sheet is prepared by the canton and completed by the municipality. In addition to the name and coat of arms of the municipality, as well as the date and type of vote, it must contain all information necessary for the identification of the voter (name, first name, gender, year of birth, and address). It must also state that the voter must provide their signature, otherwise the vote is invalid.

2. Each time the electorate is summoned to a vote, a new return sheet must be issued.

1. To simplify its controls, the municipal council may introduce a permanent or non-permanent voting card.

2. The municipal council may decide that the return sheet serves as the voting card. In this case, voting at the ballot box can only occur upon presentation of the return sheet.

1. Citizens who have lost or did not receive their voting card or the return sheet serving as a voting card (Art. 10 Sec. 2) may request a duplicate from the municipal administration.

2. The new voting card or the new return sheet must bear the imprint "Duplicate." These are handed over to the citizen personally, if necessary, upon presentation of an identity card and in exchange for a receipt confirmation. The electoral office ensures that these citizens cannot vote twice.

1. The voter who has lost the voting materials sent to them can request them again from the municipal administration.

1. The voter who wishes to vote by mail or by depositing their vote at the municipal office shall place their ballot in the appropriate ballot envelope, on which no information that may reveal its origin is allowed.

2. Then, they shall place the ballot envelope(s), along with the voting card if applicable, into the transmission envelope.

3. They shall sign the return sheet and if the recipient municipality is not pre-printed, provide the address of the municipal administration.

4. They shall insert the return sheet into the transmission envelope in such a way that the address of the recipient municipality appears in the window. Then, they shall seal the transmission envelope.

1. If the voter exercises their postal voting rights via mail, they must affix postage to the delivery envelope in accordance with the applicable postal tariff; otherwise, the vote is invalid. The voter must then submit the envelope to a post office.

2. The delivery must reach the municipal administration no later than the Friday preceding the election or vote. Delivery envelopes that arrive late will not be opened. The municipality shall retain these until the expiration of the complaint period and then destroy them together with the voting materials (Art. 88 kGPR).

3. The municipality must refuse to accept delivery envelopes sent via mail that are either unstamped or inadequately stamped.

1. The voter can cast their vote by placing the sealed transmission envelope directly into the designated sealed ballot box at the municipal office. This deposit can occur as soon as the voter has received the voting materials and until the Friday preceding the ballot.

2. In the notice for convening the municipal meeting, the municipality specifies the days and times during which this deposit can be made. This deposit must be possible for at least two hours on both the Thursday and Friday preceding the ballot.

3. The municipal council takes all measures necessary to ensure absolute voting secrecy and the inviolability of the voting materials (sealed ballot box, etc.).

1. The municipalities shall provide two ballot boxes, one for voting by mail and the other for voting by deposit.

2. Both ballot boxes must be sealed in the presence of at least three members of the counting office from the time the voting materials are sent to the voters. The seals may only be removed in the presence of three members of the counting office during the voting period. They shall take all necessary precautions to ensure the integrity of the voting materials.

3. The ballot box intended for voting by deposit must remain under the constant supervision of a municipal administration official during the times when voting by deposit is possible. Outside of these times, it must be stored in a secure location.

4. The transmission envelopes that have been sent by post are to be immediately placed into the sealed ballot box under the responsibility of the municipal clerk or the person designated by the municipal council upon receipt.

5. The municipal council shall also decide on all necessary measures to ensure the integrity of the voting materials and the secrecy of the vote before, during, and after the voting period.

1. The voter who approaches the ballot box must present their voting card or the return slip serving as a voting card (Art. 10 Sec. 2). If this is not available, the voter will still be permitted to vote if they can prove their identity. The office ensures that this person has not already voted by mail or by depositing their vote at the municipality or in another section (Art. 64 kGPR).

2. The voting cards collected during in-person voting at the ballot box must be kept separate from the voting cards that come from mail voting or voting by depositing at the municipality.

3. The voter must essentially use the ballots and voting envelopes that were previously provided to them.

1. For postal voting, the municipal president ensures that the mail is collected by the municipal administration for the last time on Friday preceding the polling day after 5 PM.

2. The ballot boxes used for postal voting and voting by deposit at the municipality must be emptied by the counting office before the commencement of the polling. Before this time, the ballot boxes may only be opened in the presence of at least three members of the counting office. The contents of the ballot boxes are then to be sealed and signed by the persons present.

1. Before the opening of the polling stations, the counting office shall open the transmission envelopes, verify the eligibility of the sender to vote, and place the ballot envelopes, without opening them, into the appropriate ballot box.

2. The names of the voters who have voted by mail or by depositing their vote at the municipality shall be entered into the register of voters, indicating the method of voting.

3. The counting office must be convened in advance to enable these actions (partial counting) before the official opening of the polls.

4. In municipalities where voting is conducted by sections, these actions shall be performed by the main office.

1. Postal voting or voting by depositing at the municipality is invalid

a) if the voter has not used the official transmission envelope and the official ballot envelopes;

b) if the voting card is missing or if the return sheet does not bear the voter's handwritten signature;

c) if the transmission envelope was not delivered by post or not placed in the sealed ballot box provided at the municipal administration (e.g., depositing the transmission envelope in the mailbox of the municipal administration);

d) if a transmission envelope contains the voting material of multiple voters (grouped dispatch);

e) if the ballot envelopes contain information that indicates their origin; these shall not be opened.

2. The invalidity reasons for ballots listed in Article 77 of the Law on Political Rights remain reserved.

1. The Postage of Mail Items is Borne by the Sender.

1. The municipalities order the transmission envelopes, ballot envelopes, and return sheets from the state office of economy.

2. The canton provides the municipalities with the transmission envelopes, ballot envelopes, and return sheets for federal, cantonal, and municipal ballot events free of charge.

3. The return sheets are prepared by the canton and completed by the municipalities. The municipalities may create the return sheets themselves, provided they contain the information according to Article 9, paragraph 1.

1. The Ordinance on Postal Voting of November 17, 2004, is repealed.

1. This regulation is subject to the approval of the Federal Government.

2. It comes into force upon its publication in the Official Gazette.