Ordinance on Political Rights (OPR) (VPR)

### Directorate within the meaning of § 10 para. 3 GPR and within the meaning of this Ordinance is the Directorate of Justice and Home Affairs.

### Directorate

**1. Electoral Registers**

¹ The electoral registers are kept by the political municipalities.

² The electoral registrar is the municipal clerk. The municipal executive may designate another municipal employee.

**a. Competence**

18 ¹ The City of Zurich maintains the electoral register for Swiss citizens abroad who are eligible to vote in the Canton of Zurich in accordance with federal law.

² It records Swiss citizens abroad in a separate electoral district in accordance with § 17 GPR.

³ The Directorate shall conclude an agreement with the City of Zurich regarding the details of maintaining the electoral register for Swiss citizens abroad and the compensation to be paid.

b. Swiss Citizens Abroad

a.

¹ In the electoral register, persons are entered who

a. are Swiss citizens,

b. have completed their 18th year of age,

c. have their political domicile in the municipality in accordance with Art. 3 of the Federal Act on Political Rights and Art. 1 of the Federal Ordinance on Political Rights, and

d. are not under comprehensive guardianship due to permanent incapacity to judge or are represented by a mandated person.

² The electoral register or supplementary registers shall also include

a. itinerants who exercise their political rights in their home municipality,

b. other persons with political domicile in the municipality who are entitled to vote and stand for election according to the law of the recognized ecclesiastical corporations.

**24 1 The electoral register contains the following information about each person:**

a. Name, first name and gender,

b. Date of birth,

c. Address,

d. Home municipalities and home cantons,

e. Scope of voting rights,

f. Affiliation to an electoral district according to § 17 GPR.

2 The electoral register is based, as far as possible, on the data from the residents’ register.

1 Before an election or vote, entries are made up to the fifth day preceding the election or voting day, if it is established that the conditions for participation on the voting day are met.

2 For eligible Swiss citizens abroad, the register is maintained according to the provisions of the Swiss Abroad Act of September 26, 2014, and the associated Ordinance.

3 If a traveller wishes to exercise political rights in their home commune, they must confirm in writing that they do not have political domicile in any other commune. The registrar checks whether the traveller is not registered in the electoral register of another home commune.

Upon request, eligible voters shall receive information regarding the eligibility to vote and the eligibility to be elected of a specific person.

15 The Child and Adult Protection Authority reports to the

Electoral Register

a. in the case of comprehensive guardianships due to permanent incapacity to

make decisions of the affected persons

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Ordinance on Political Rights (VPR)

161.1

1. the order, transfer, assumption, or revocation of the guardianship,

2. the relocation of the domicile of the affected person within

the Child and Adult Protection District;

b. in the case of advance care directives due to permanent incapacity to make

decisions of the affected persons

1. the determination and loss of effectiveness of the advance care

directive,

2. the arrival or departure and the relocation of the domicile of the

affected person within the Child and Adult Protection District.

**28 1 Deadlines for Submitting Nominations and Meeting Deadlines for Signatures for a Popular Initiative or a Referendum**

are met if the necessary documents have arrived at the competent authority by the end of the deadline.

**2 When submitting nominations, the electoral authority determines the time in the election order.**

1 The Directorate, in cooperation with the professional association of municipal clerks and communal administration specialists, shall create model templates for forms required for the execution of the Act and this Ordinance.

2 The model templates shall be provided free of charge.

Safeguarding of

The Canton and the communes shall send documents that cannot be re-procured, or only with disproportionate effort, by registered mail.

Original documents

**1 Fees and

Expense Reimbursement**

No fees are levied for official acts that are required in connection with the exercise of political rights. Deviating provisions of the Law on Political Rights³ remain reserved.

**2** In Cantonal Council elections and in elections and referendums within the area of a special-purpose association or a notarial district, the expenses for a polling day are distributed among the participating political municipalities according to the number of eligible voters.

1 If the exercise of a political right requires a declaration that is not

in writing, a person who is illiterate or incapable of writing may

commission another elector to make the declaration on their behalf.

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161.1 Ordinance on Political Rights (VPR)

2 The commissioned person shall supplement the declaration with their name

and signature, as well as with an addition that discloses the representative

relationship, such as "in representation" or "on behalf of".

3 In elections and referendums, the representation is only disclosed on

the polling card.

4 The commissioned person shall maintain confidentiality regarding the content

of the instructions received.

1 For trials of electronic voting, deviations from the provisions of this Ordinance may be made.

2 The Government Council shall regulate what is necessary.

Electronic

Voting

Part II: Elections and Referendums

1. Organization of Elections and Referendums

Competence

a. For cantonal elections and referendums

1 The Government Council performs the following tasks from Part II

of the GPR concerning elections and referendums:29

a. Tasks expressly assigned to the Government Council by the GPR,

b. Assignment of an office in case of incompatibility, if the affected

person does not decide themselves (§ 30 para. 2 GPR),

c. Ordering of cantonal elections and referendums (§§ 57–59 GPR),

d. Publication of the ballot proposal and drafting and publication

of the Explanatory Report (§§ 63 and 64 GPR),

e. Ordering of recounts (§ 75 para. 4 GPR),

f. Drawing of lots according to § 79 para. 1 GPR (by the President of

the Government Council),

g. Decision-making on the result of the election or referendum and

its publication (§§ 80 and 81 para. 2 GPR),

h. Determination of the legal force of the election or referendum

result (§ 83 para. 1 GPR),

i. Report and motion after Cantonal Council elections according to

§ 107 GPR,

j. Ordering of a by-election (§ 108 para. 3 GPR).

2 The Directorate performs the following tasks

a. Ordering necessary measures in case of irregularities (§ 12 para. 2

GPR),

b. Determination of further data for the free use of the election and

referendum program (§ 21 para. 3 lit. b GPR),

4

Ordinance on Political Rights (VPR) 161.1

c. Approval of the use of auxiliary devices according to § 21 para. 4 GPR,

d. Receipt of declarations regarding incompatibilities and election

refusals (§§ 30 para. 1 and 46 para. 1 GPR),

e. Correction of the evaluation results of the polling stations (§ 75

para. 3 GPR),

f. Notification of election to those elected (§ 81 para. 1 GPR),

g. Allocation of seats to the electoral districts according to § 88 para. 3 GPR,

h. Supervision of the drawing of lots according to § 92 para. 3 GPR,

i. Seat distribution according to §§ 101–105 GPR,

j. Notification of election to those elected (§ 106 GPR),

k. Succession of a substitute person (§ 108 para. 1 GPR).

3 The remaining tasks are performed by the Statistical Office. Deviating provisions of this Ordinance remain reserved.

The Cantonal Statistical Office is

b. In federal elections and ballots 12

a. the cantonal central office according to Art. 5 of the federal ordinance on political rights in federal ballots,

b. the cantonal electoral office according to Art. 7a of the federal ordinance in National Council elections.

(This last line "lichen Wahlen und Abstim- mungen" seems to be a repeated or orphaned part of the original text's formatting. I've translated it as it stands, assuming it's meant to be there, but it reads like a truncated repetition.)

(in local elections and ballots)

1 To the extent that, in cantonal ecclesiastical renewal elections, c. In church elections and referendums, the tasks of the electoral authority are transferred to the Canton (§ 17a para. 2 lit. a and b of the Church Law of July 9, 2007 [KiG]4), the Directorate fulfills the tasks according to § 13 para. 1 and 2 of this Ordinance. In addition, it sets deadlines according to §§ 49 para. 1 and 53 para. 1 GPR and declares proposed persons as elected (§ 54a para. 1 GPR). The remaining transferred tasks are fulfilled by the Statistical Office.29

2 In cantonal ecclesiastical by-elections, all tasks transferred to the Canton are fulfilled by the Statistical Office.

The President of the Electoral Office organizes the Electoral Office in such a way and establishes the procedures so that a. the ballots and voting slips can be correctly and timely evaluated in the sense of § 39 para. 3 and 4.

b. Early Voting at Polling Stations

When voting early at polling stations, ballot box duty is performed by members of the election office.

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161.1

Ordinance on Political Rights (OPR)

c. Control and Monitoring of Ballot Boxes

d. Ballot Box Report

e. Peace and Order

Four-Eyes Principle

Publication Organs of the Districts

Statement and Communication

The heads of the polling stations or

the municipal employees in accordance with § 15 para. 3 GPR shall ensure

before the ballot boxes are used that they are empty. Thereafter, they shall close

them and protect them from unauthorized insertion of ballots or

voting papers and from theft.

1 When casting votes at the ballot box, the heads of the polling stations and the municipal employees must record daily in the ballot box report, in accordance with § 15 para. 3 GPR, how many voter legitimation cards have been submitted.

2 The voter legitimation cards are to be kept securely and handed over to the election office together with the ballot box report.

**1 Ensuring Peace and Order During Voting**

The ballot box service ensures peace and order in and around the polling station.

**2 Exclusive Use of Polling Stations**

During polling hours, the polling stations and their accesses may not be used for any other purpose.

**3 Collection of Signatures for Initiatives and Referendums**

Signatures for initiatives and referendums may be collected in the access areas, provided that this does not hinder the casting of votes.

1 Processes in the polling station that could influence the outcome of the election or vote, as well as the processing of the return envelopes in the municipal office in accordance with § 37, shall be supervised or controlled by at least one additional member of the election board or the municipal administration.

2 No member of the election board shall have sole access to the ballot papers and voting cards.

The District Council designates the official publication organs

of the district and publishes its decision.

2. Premature Dismissal and Partial Dismissal

1 Where a person has submitted a request for early release from office

or for partial release, the body responsible for deciding on the

request obtains a statement from the body to which that person

belongs.

2 If the body has granted the early release or partial release, it

informs the authority responsible for conducting the election in the

event of a by-election.

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Ordinance on Political Rights (OPR)

161.1

3. General procedural provisions for elections

12 1 The renewal elections shall take place as follows

Office

Term

First election

according to this

Ordinance

Rotation of

renewal

elections

a. National Council, Council of States

4 years

2007

b. Cantonal Council, Government Council

4 years

2007

c. District authorities as well as public

prosecutors

4 years

2005

d. District Courts

6 years

2008

e. Notaries public

4 years

2006

f.21 Municipal authorities, municipal

parliament

4 years

2006

g. Justices of the Peace

6 years

2009

h.

14

2 The renewal elections for the Zurich members of the National

Council and the Council of States shall take place on the second to last

Sunday in October (Art. 19 para. 1 Federal Act on Political Rights of

17 December 19765; Art. 82 para. 2 Cantonal Constitution2).

4. Preliminary procedure for majority elections

29 1 For each person proposed on the electoral lists, the following information shall be provided

Information on the electoral lists

a. Name, first name and gender,

b. Date of birth,

c. Profession,

d. Address,

e. The addition "incumbent" if the proposed person already holds the office,

f. Party affiliation.

2 In addition, the name by which the person is politically or commonly known may be provided.

3 Persons who sign an electoral list shall provide their name, first name, date of birth and address and add their signature.

4 The electoral list may be provided with a short designation.

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161.1 Ordinance on Political Rights (VPR)

5 Paragraph 3 also applies to requests for a confirmatory election at the ballot box for pastors (§ 13 para. 3 KiG4). Such requests may not be inspected.25

The electoral authority examines whether

a.29 the proposed persons are eligible for election and the information

according to § 24 para. 1 lit. a, b and d matches that in the electoral register,

b. the signatories are entitled to vote.

29 1 On the printed ballot papers, the following information shall be provided for each proposed person

a. Name and surname,

b. Year of birth,

c. Place of residence,

d. Profession,

e. The addition "incumbent" (bisher), if the proposed person already holds the office,

f. Party affiliation.

2 In the case of a name pursuant to § 24 para. 2, this shall be indicated additionally or instead of the first name.

3 The supplementary sheet shall state that it may not be used as a ballot paper and that the vote may also be given to other eligible persons.

4 If several printed ballot papers are used (§ 55a para. 1 GPR), the short designation according to § 24 para. 4 shall be indicated on them.

5 If several electoral proposals are combined into a single printed ballot paper (§ 55a para. 2 GPR), reference shall be made to the short designation of the respective electoral proposal for each proposed person.

29 1 When electing judges, the notice setting the deadline for submitting nominations shall refer to the employment levels.

2 The provisions regarding the submission of nominations, silent elections, and the use of printed ballots in accordance with §§ 50–56 GPR shall apply to each group of nominated persons with the same employment level.

3 The ballots shall indicate the employment level of the partial office to be filled.

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Ordinance on Political Rights (VPR) 161.1

4 The voting instructions shall inform voters that they may place the name of the same person on each list with a different employment level.

5. Arrangement, Election and Voting Documents

29 1 The Cantonal Council determines the cantonal election dates. It announces the

cantonal and federal election dates, as well as the Election and

voting dates, by the end of the second calendar year preceding the next elections.

voting dates

2 The reserved federal voting dates are simultaneously the reserved cantonal voting dates. The Directorate

announces the reserved voting dates for the four following calendar years by no later than the end of August

of the year of the Cantonal Council's renewal election.

3 The Cantonal Council informs the municipalities in a timely manner

a. which proposals will be put to a vote on a reserved voting date;

b. whether neither a federal nor a cantonal proposal will be put to a vote on a reserved voting date;

c. additional election or voting dates.

29 1 For cantonal popular votes, the State Chancellery compiles the Explanatory Explanatory

Reports in a voting gazette in accordance with § 64 GPR. Report

2 The State Chancellery issues regulations on the time of submission

and the scope of the statement by the initiative or referendum committee

or the municipalities according to § 64 para. 1 lit. c GPR. If several

municipalities launch a municipal referendum, they shall designate a

representative from among themselves to the State Chancellery.

3 The State Chancellery may amend or reject statements under the

conditions of § 64 para. 4 GPR.

a. Cantonal

Popular Votes

**28 1 References to an Internet page**

If the Explanatory Report refers to an Internet page for details, its address must be provided.

2 The electoral authority ensures that the details published on an Internet page are no longer changed from the publication of the Explanatory Report and remain accessible after the popular vote.

3 For persons without Internet access, a possibility is provided to view the details published on an Internet page free of charge. The Explanatory Report will draw attention to this possibility.

1 The municipalities shall inform the voters in particular about the following points

a. general information

1. the legal requirements for completing ballot papers and voting slips (Sections 65–67 GPR),

2. the regulation that in elections with several printed ballot papers, only one ballot paper may be used,

b. postal voting

1.29 Requirements and procedure for postal voting (Section 69 GPR),

2. reminder that each voter must use their own ballot paper envelope and seal it,

3. information about the time of the last emptying of the municipal administration's letterbox and post office box, if this time has been brought forward (Section 70 para. 2 GPR),

c. voting at the polling station

1. locations and opening hours of the polling stations at the voting premises and in the municipal administration,

2. requirements for personal and proxy voting at the polling station (Section 68 para. 1 and 3 GPR).

2 The information shall be printed on the corresponding election and voting documents, or if necessary, on a separate information sheet.

12 1 The municipalities shall send eligible voters a new voter identification card

for each election or polling day.

2 The voter identification card shall contain the following information

a. Name, given name, gender, year of birth, address,

b. Voting district,

c. Other information necessary to determine the person’s eligibility to vote

for the respective election or referendum, such as affiliation with a church

or school municipality.

d. Date of the poll.

3 It shall also contain a single field for the signature of the eligible voter

(§ 68 para. 1 and para. 3 and § 69 para. 1 lit. a GPR).

10

Ordinance on Political Rights (OPR)

30

161.1

Anyone who changes their domicile of political rights during the last four weeks before a ballot will only receive their voting documents at the new domicile upon proof that they have not already exercised their right to vote at their previous domicile of political rights.

1. **Voters Who Have Not Received Election and Voting Documents for Subsequent Retrieval**

Voters who have not received the election and voting documents may obtain them from the electoral registrar.

2. The voting card will be marked accordingly.

6. **Casting a Vote**

1. The eligible voter hands the signed ballot paper to the member of the polling station election office at the ballot box, has the ballot paper stamped, if necessary, and places the ballot or ballot papers into the ballot box.

2. The members of the election office at the ballot box are not permitted to take note of the content of the ballots and voting papers.

3. These provisions also apply to municipal employees according to § 15 para. 3 GPR (Gemeindegesetz betreffend die politischen Rechte) during early voting at the municipal chancery.

1 **Representation in Voting**

When voting by proxy at the ballot box, the members of the electoral board shall only accept the voting card and the ballot papers of the represented person if the latter has signed the voting card.29

2 The representative shall hand in their own voting card.

3 In elections and referendums in a school or church community, it is not required that the representative also belongs to that community.

1 The postal ballot envelopes received by letter at the municipal clerk's office shall be kept securely.

2 If the ballot envelopes are placed unopened into the ballot box, their number shall be counted or estimated daily and recorded in the minutes.

Voting

a. Without prior

processing

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161.1 Ordinance on Political Rights (VPR)

b. With prior

examination

Here is the English translation

29 1 Municipal employees examine the return envelopes in accordance with Article 69a GPR. The following applies

a. If a return envelope contains the same number of or fewer ballot envelopes than signed voting certificates, the signed voting certificates are valid and the ballot envelopes are placed unopened into the ballot box.

b. Otherwise, the voting certificates are invalid and the ballot envelopes are excluded unopened.

c. In cases of doubt, the documents are reinserted into the return envelope, and it is placed sealed into the ballot box.

2 They record daily the number of valid and invalid voting certificates, as well as the return envelopes placed into the ballot box.

Determination of the Counting Method

7. Evaluation of Ballots

1 The President of the electoral authority determines before each ballot for which persons the votes will be counted individually. The remaining persons are recorded collectively under "Scattered".

2 If it becomes apparent during the counting that a person falling under "Scattered" could be elected, the President of the electoral authority may order that their votes also be counted individually.

3 In cantonal elections, the decisions under paras. 1 and 2 are made by the Statistical Office.

Commencement of Processing and Counting

29 1 The electoral office may begin processing the electoral and

ballot material on the day before the election or polling day.

The counting may only take place after the polls close.

2 The processing of the ballot material on the day before includes the

following actions

a. opening of the ballot envelopes,

b. separating and bundling the individual ballot papers and voting slips by

proposals or elections,

c. in majority elections, entering the votes of the candidates

with the program provided by the canton, but

without counting the recorded votes,

Ordinance on Political Rights (OPR)

d. in proportional elections

1. separating the ballot papers by list numbers and by altered

and unaltered list ballot papers,

2. correcting the altered list ballot papers,

3. recording the altered list ballot papers with the program

provided by the canton.

3 The president of the electoral office shall take precautions

to ensure that the outcome of the election or vote cannot be estimated

before the closing of the polls.

4 The electoral authority or, in cantonal elections and

votes, the Directorate shall determine the time by which the

electoral and ballot papers should be evaluated. The quality of the

evaluation of the electoral and ballot papers takes precedence over

compliance with the time limit.

5 If elections or votes take place simultaneously at federal,

cantonal, district, circuit or municipal level, the electoral and ballot papers

shall be evaluated in that order.

The procedures in the polling station are established in such a way that the secrecy of the vote is maintained.

29 Ballot envelopes, which were placed in the ballot box by municipal employees during the preliminary examination Pre-examined

within the scope of the preliminary examination according to § 37, will be further processed according to § 43.

ballot envelopes

**29 1** If a return envelope contains the same number of ballot envelopes or fewer than the signed polling cards, the signed polling cards are valid. The election office shall process the content of the ballot envelopes further in accordance with § 43.

**2** Otherwise, the polling cards are invalid, and the ballot envelopes shall be excluded unopened.

**161.1 Ordinance on Political Rights (OPR)**

**Art. 29 Processing of Ballot Envelopes**

1 If a ballot envelope for the same matter contains only one ballot paper or voting slip, it is valid.

2 If a ballot envelope for the same matter contains multiple ballot papers or voting slips, counting shall proceed as follows, in accordance with Art. 72 para. 2 of the Law on Political Rights (GPR)

a. If the slips are identical, one of them is valid. The remaining ones are superfluous.

b. If the slips are not identical, one of them is invalid. The remaining ones are superfluous.

3 The grounds for invalidity in accordance with Art. 72 para. 1 and Art. 98 para. 1 of the Law on Political Rights (GPR) remain reserved.

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**Stamping of Printed Ballot Papers**

**Counting in Majority Elections**

**Minutes**

30

29 1 If several printed ballot papers were available for a particular election,

one ballot paper shall be provided with a control stamp

a. when casting the vote at the polling station, before depositing it into the ballot box,

b. when voting by mail, after processing the ballot envelope.

2 If a ballot paper does not bear a control stamp during the counting,

the ballot paper is invalid.

3 If, in the case of voting by mail, a ballot envelope contains several

ballot papers or voting slips for the same matter without a control

stamp, one of them is invalid. The remainder are superfluous.

If a person has been publicly nominated for election before the ballot, a vote shall be attributed to that person even if the information on the ballot paper

a. also applies to another person who has not been nominated, or

b. is inaccurate, but there is no reasonable doubt that the vote is intended for the nominated person.

29 1 The minutes of the polling station or the electoral district shall state

the number of eligible voters,

the number of voters, calculated as the sum of

1. the voter legitimation cards cast at the ballot box,

2. the valid and invalid voter legitimation cards received by post.

2 For each ballot item and for each election round, the minutes shall further

state the number of ballot papers or voting slips received, and of these, the

number of invalid, blank, and valid ballot papers.

3 In the case of a vote, the minutes shall further state, under the number

of valid ballot papers

a. for a vote on a proposal: the number of "Yes" votes and "No" votes,

b. for a vote on a proposal with a counter-proposal

1.12 for the proposal as well as for the counter-proposal: the number

of blank answer fields and invalid votes, the number of "Yes"

votes and the number of "No" votes,

2.12 for the tie-breaking question: the number of blank answer fields

and invalid answers, as well as the number of votes preferring

one or the other proposal.

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Ordinance on Political Rights (VPR)

161.1

4 In the case of an election, the minutes shall further state, among the

valid ballot papers, the number

a. of invalid votes,

b. of blank votes,

c. of votes received by each of the counted persons,

d. of votes for persons falling under "Scattered".

5 The minutes shall further provide information on

a. the technical aids used for counting the voting slips and ballot papers,

b. irregularities and the measures taken.

6 If a municipality has divided its territory into electoral districts, their

minutes shall be transmitted directly to the electoral authority.

1 The signed duplicate protocol of the polling station must have arrived Safeguarding of

at the election-managing authority by no later than Tuesday after the election results

poll, 11:00 AM.

2 The auxiliary documents must show how and by whom the individual

steps in the evaluation were carried out.

3 The ballots and voting cards are packaged and sealed or lead-sealed

as they were sorted during the counting process. They must not be

packaged together with the protocol.

4 The ballots, voting cards, and auxiliary documents are securely stored

until legal remedies concerning the election or vote have been dealt

with. Thereafter, they will be destroyed.

8. Ascertainment of Election and Voting Results

1 A close outcome of a vote according to § 75 para. 3 GPR usually exists when the proportion of "Yes" votes is between 49.8 and 50.2 percent of the sum of the "Yes" votes and "No" votes.

2 In a majority election, a close outcome generally exists in the following cases

a. The difference in votes between an elected and a non-elected person, who also achieved the absolute majority, is less than 0.8 percent of the votes of the elected person.

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Ordinance on Political Rights (OPR)

b. A person is not elected due to not reaching the absolute majority, and the difference between their number of votes and the absolute majority is less than 0.8 percent of the absolute majority.

1 If the election authority has delegated the determination of the result of a municipal election or vote to the election office (Art. 75 para. 5 GPR), the protocol entries according to Art. 47 of this Ordinance and the results of the election or vote (Art. 80 GPR) may be recorded in a single protocol.29

2 The formal requirements of Art. 74 para. 2 GPR apply.

Evaluation and

Results Protocol

Reference

Multiple candidacies

Lists

Compilation of

Candidates

List groups

9. Election of the Cantonal Council

The preceding provisions regarding majority elections also apply to the election of the Cantonal Council, unless the law or the following provisions stipulate otherwise.

29 A person may only be nominated on one electoral list for election. Otherwise, the Statistical Office will remove their name from all electoral lists.

29 The information on the lists corresponds to that on the printed ballots in accordance with § 26 para. 1. Party affiliation is not mentioned.

1 The Statistical Office shall compile the names of persons who are listed on the electoral district lists in alphabetical order, stating the list designation and the list number.29

2 It shall notify the municipal election offices of this compilation.

**1 Lists are treated as a list group if**

a. the representatives of the signatories of the lists have submitted a corresponding written declaration to the Statistical Office,

b. all lists originate from different constituencies,

c. the lists bear the same designation.

**2 The representatives of the signatories of the lists are entitled, in cooperation with the Directorate, to reconcile linguistic differences in the list designations.**

**3 If lists with the same designation exist that are not to be treated as a list group according to para. 1, the list representatives are requested to provide their lists with different designations. If they cannot agree, the Directorate will provide the lists with different designations.**

Ordinance on Political Rights (OPR)

161.1

1. Additional votes are attributed to the list designated on the ballot paper as additional votes

a. blank lines,

b. names of candidates deleted without replacement,

c. names of candidates replaced by an invalid vote.

2. If a ballot paper contains exclusively additional votes, it is invalid.

3. In the absence of a list designation or list number, or if they are deleted without replacement, the blank lines count as blank votes.28

1. The Record of the Electoral Office or the Electoral District shall state

a. the number of eligible voters and voters in accordance with § 47

para. 1,

b. the number of ballot papers received and thereof the number of in-

valid and valid papers,

c. among the valid ballot papers

1. the number of votes each candidate has received

(candidate votes),

2. the number of additional votes for each list,

3. the sum of candidate and additional votes for each list

(party votes).

d. the number of blank votes.

2. The record shall further provide information on

a. the technical aids that have been used for counting the ballot papers,

b. irregularities and the measures taken.

3. The records of the Electoral Office or the Electoral Districts shall be

transmitted directly to the Statistical Office.

The Directorate publishes

a. for each electoral district, the consolidated content of the minutes of the polling stations and voting districts, as well as the number of voters for each list, the five percent threshold according to § 102 para. 3 GPR and the indication of whether a list has reached this threshold,

Publication

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161.1

Ordinance on Political Rights (VPR)

b. the number of voters for each list group, the cantonal election key, and the entitlement of each list group to seats,

c. in a table, the entitlement of each electoral district and each list group to seats, the party votes of each list, the electoral district divisors, the list group divisors, and the number of seats assigned to each list,

d. the names of the elected members of the Cantonal Council.

Council of States

National Council

10. Further Elections

14, 23 The dispatch of voting materials to Swiss citizens abroad and their casting of votes at the ballot box are governed by Articles 12 and 13 of the Ordinance on Swiss Citizens Abroad of 7 October 20159.

29 The Rectification Period in accordance with Art. 29 para. 4 of the Federal Act of 17 December 1976 on Political Rights ends on the second Monday following the deadline for election registration in accordance with § 110 GPR.

Initiative Committee

Preliminary Review

Part III: Cantonal Initiatives

1 The members of the initiative committee for a popular initiative must provide the Directorate in writing with their names, first names, dates of birth, and addresses. They confirm their membership with their own handwritten signature.

2 The Directorate verifies the eligibility to vote of the members.

3 Orders and deliveries are addressed to the representative of the initiative committee. This representative, or in case of their absence, their deputy, is authorised to act on behalf of the other members of the committee. The majority requirement for the withdrawal of the initiative according to §§ 138 c and 138 d GPR.12 remains reserved.

1 The signature lists for a popular initiative are pre-examined within

a month after their submission.

2 If a popular initiative is correct in the sense of the pre-examination, it will be

published by the Directorate in the Official Gazette after consultation with the initiative committee.

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Ordinance on Political Rights (OPR)

161.1

When the popular initiative is published in the Official Gazette, in addition to the information specified in § 125 GPR, the place of residence of the members of the initiative committee will also be published.

1 The signatures for a popular initiative are collected and submitted Unterschriften-

separately by political municipality.

2 If multiple popular demands are made available for signing, each

one shall constitute the subject of a separate signature list. Signature lists

for multiple popular demands may be listed on the same page, provided

they can be separated for submission.

liste

**12 Examination of Signatures**

1. When examining the signatures on signature lists, the voter registration authorities shall proceed in accordance with the provisions of Article 19 paragraphs 2 and 3 of the Federal Ordinance on Political Rights.

2. The voter registration authorities shall certify the number of valid signatures on the signature lists submitted to them for examination. They shall date and sign the certification and return the examined lists.

3. The voter registration authorities shall preserve the secrecy of the ballot.

4. If an initiative has not materialized, the members of the initiative committee and the affected signatories shall be granted access to the signature lists, to the extent necessary to safeguard their rights.

**12 Handling in the Cantonal Council**

**a. Fully Formulated Initiatives**

1 If the Government Council has requested that an initiative, in the form of a fully drafted proposal, be declared entirely invalid, the Cantonal Council shall decide thereon within the period specified in § 130 para. 2 sentence 2 GPR.

2 Otherwise, the Cantonal Council shall decide on approval or rejection within 23 months of the submission of the initiative, unless the Government Council has requested a counter-proposal or the Cantonal Council has decided to elaborate one.

**b. Initiatives in the Form of a General Suggestion**

3 In all other cases, the Cantonal Council shall decide on approval or rejection within 29 months of the submission of the initiative.

12 1 If the Government Council has moved the Cantonal Council to declare an initiative in the form of a general suggestion entirely invalid, the Cantonal Council shall decide thereon within the deadline according to

12 1 The State Chancellery shall notify the competent Directorate of the

commencement of the collection period for a popular initiative. The competent Directorate

shall inform the State Chancellery of the form the initiative takes

(Art. 25 para. 1 Cst.2).

2 The Directorate of Justice and Home Affairs shall notify the State Chancellery of the

submission of the signature lists for a popular initiative.

3 The State Chancellery shall draw up a schedule for each submitted popular initiative

and update it continuously. It shall inform the competent

Directorate of the schedule. This schedule shall be publicly

accessible.

4 In justified cases, the State Chancellery may, in consultation with

the Steering Committee of the Cantonal Council, establish a schedule deviating

from the foregoing provisions. It shall observe

the deadlines stipulated in the Constitution2.

§§ 65 d–65 f.13

**1 Before the Government Council orders the popular vote, the Directorate shall give the initiative committee an opportunity to withdraw the initiative.**

**2 The signature of the majority of the members of the initiative committee is required for withdrawal.**

**3 An unconditional or conditional withdrawal shall be published in the Official Gazette. 12**

**4 If an initiative is withdrawn and the counter-proposal is subject to an optional referendum, the Directorate shall publish the counter-proposal in the Official Gazette.**

1 For individual initiatives, the Cantonal Council's management

examines whether at least one author is eligible to vote in the

Canton.

20

Ordinance on Political Rights (VPR)

161.1

2 For the submission of individual and authority initiatives in the Cantonal

Council, Art. 138c GPR applies mutatis mutandis.27

Part IV: Cantonal Referendum

16

.16 1 Sections 64 and 65 apply mutatis mutandis to popular referendums.

2 If a cantonal council referendum has been successfully lodged against a

bill or if the referendum period has expired without being used, the

Business Committee of the Cantonal Council shall notify the Directorate

accordingly.

3 Referendums cannot be withdrawn.

Part V: Popular Initiatives in Special-Purpose Associations 20

21 For the preparation and realization of popular initiatives, §§ 122–129 GPR³ apply, subject to the following special provisions

a. The Executive Board of the association replaces the Government Council and the Directorate.

b. The publication organ of the special-purpose association replaces the Official Gazette.

c. The required number of signatures for the realization of the initiative is determined according to § 146 Para. 3 GPR.

d. The deadline for the Executive Board of the association to ascertain the realization of the initiative is one month.

Special-purpose associations

without

delegate

assembly

a. Preparation

and realization

21 1 The Association Board shall decide on the validity of the popular initiative within three months of its submission.

after the submission of the popular initiative.

2 To the extent that the Association Board deems the initiative valid, it shall submit it to the voters for a ballot vote within twelve months of its submission.

months after its submission for a ballot vote.

3 The Association Board may propose a counter-proposal to the initiative to the voters. In this case, the popular vote on the initiative and the counter-proposal shall take place within 18 months of the initiative's submission. For the counter-proposal, § 138 b GPR.26 applies.

1.10.22-118

21

b. Processing

161.1 Ordinance on Political Rights (OPR)

c. Withdrawal

d. Implementation of general suggestions

Joint municipal boards with delegate assemblies

Penal provision

Repeal of previous law

Entry into force

13, 20 The majority of the members of the initiative committee may withdraw the popular initiative with a written declaration to the association's board.

2 Withdrawal is no longer possible after the association's board has ordered the ballot.

20 If the popular initiative or the counter-proposal in the form of a general suggestion is accepted by the voters, the association board shall elaborate an implementing proposal and submit it to a vote within 18 months of the first vote.

For popular initiatives in special-purpose associations with a delegates' assembly, §§ 122–138e GPR apply, subject to the following special provisions

a. The association board takes the place of the Government Council or the Directorate, and the delegates' assembly takes the place of the Cantonal Council.

b. The special-purpose association's publication organ takes the place of the Official Gazette.

c. The referendum is governed by § 159 (1) and (2) GPR.

VI.22 Part: Criminal and Final Provisions

**11, 22 Whoever induces a person entitled to vote to sign an electoral proposal or a signature list for a popular initiative or a popular referendum through misrepresentation or suppression of facts shall be punished with a fine.**

22 The Ordinance on Elections and Referendums of 2 May 1984 is repealed.

Abs. 2 sentence 2 GPR.

1.10.22-118

19

161.1 Ordinance on Political Rights (OPR)

2 If the Cantonal Council decides to implement an initiative in the

form of a general suggestion without a counter-proposal, the

Government Council shall submit to it a report and proposal regarding

the implementation draft within 16 months of the initiative's

submission. The Cantonal Council shall decide on this within 23

months of the initiative's submission.

3 If the Cantonal Council decides to implement the initiative and

to develop a counter-proposal to the implementation draft, the

Government Council shall submit to it a report and proposal regarding

the implementation draft as well as the counter-proposal within 19

months of the initiative's submission. The Cantonal Council shall

decide on this within 29 months of the initiative's submission.

Information and

Scheduling

Withdrawal of

the Popular Initiative

Individual and

Authority

Initiatives

22

Ordinance on Political Rights (OPR)

161.1

Transitional Provisions for the Amendment of April 16, 2014

(OS 69, 273)17

1 The municipalities shall transfer to the City of Zurich the data and

records necessary for maintaining the central electoral register for Swiss

citizens living abroad, in accordance with the instructions of the Statistical

Office.

2 The municipalities shall immediately forward to the City of Zurich

notifications and other submissions concerning the voting rights of Swiss

citizens living abroad that are received by them after the introduction of

the central electoral register.

3 For the participation of Swiss citizens living abroad in the ballot of

September 28, 2014, the previous regulations and responsibilities shall apply.

1 OS 59, 313. Approved by the Federal Council on November 24, 2004.

2 LS 101.

3 LS 161.

4 LS 180.1.

5 SR 161.1.

6 SR 161.11.

7 Obsolete.

8 SR 195.1.

9 SR 195.11.

10 Inserted by Government Council Resolution of August 15, 2007 (OS 62, 344; ABI 2007, 1469). In

force since October 1, 2007.

11 Inserted by Government Council Resolution of December 9, 2009 (OS 64, 883; ABI 2009, 2463).

In force since January 1, 2010.

12 Version according to Government Council Resolution of December 9, 2009 (OS 64, 883; ABI 2009, 2463). In

force since January 1, 2010.

13 Repealed by Government Council Resolution of December 9, 2009 (OS 64, 883; ABI 2009, 2463).

In force since January 1, 2010.

14 Repealed by Government Council Resolution of November 3, 2010 (OS 65, 767; AB1 2010, 2429).

In force since January 1, 2011.

15 Version according to Government Council Resolution of November 7, 2012 (OS 67, 598; ABI 2012-11-16).

In force since January 1, 2013.

16 Version according to Government Council Resolution of January 30, 2013 (OS 68, 136; ABI 2013-02-08). In

force since May 1, 2013.

17 Inserted by Government Council Resolution of April 16, 2014 (OS 69, 273; ABI 2014-04-25). In

force since July 1, 2014.

1.10.22-118

23

161.1

Ordinance on Political Rights (OPR)

18 Inserted by Government Council Resolution of April 16, 2014 (OS 69, 273; ABI 2014-04-25). In

force since October 1, 2014.

19 Version according to Government Council Resolution of April 16, 2014 (OS 69, 273; ABI 2014-04-25). In

force since October 1, 2014.

20 Inserted by Government Council Resolution of June 29, 2016 (OS 72, 308; AB1 2016-07-15). In

force since January 1, 2018.

21 Version according to Government Council Resolution of June 29, 2016 (OS 72, 308; ABI 2016-07-15). In

force since January 1, 2018.

22 Numbering according to Government Council Resolution of June 29, 2016 (OS 72, 308; AB1 2016-07-15).

In force since January 1, 2018.

23 Inserted by Government Council Resolution of September 13, 2017 (OS 72, 526; ABI 2017-09-22).

In force since January 1, 2018.

24 Version according to Government Council Resolution of September 13, 2017 (OS 72, 526; ABI 2017-09-22).

In force since January 1, 2018.

25 Version according to Government Council Resolution of December 20, 2017 (OS 73, 123; ABI 2018-01-12).

In force since April 1, 2018.

26 Version according to Government Council Resolution of January 31, 2018 (OS 73, 125; ABI 2018-02-09). In

force since April 1, 2018.

27 Version according to correction of April 24, 2019 (OS 74, 171). In force since

April 24, 2019.

28 Inserted by Government Council Resolution of August 31, 2022 (OS 77, 413; AB1 2022-09-02). In

force since October 1, 2022.

29 Version according to Government Council Resolution of August 31, 2022 (OS 77, 413; ABI 2022-09-02).

In force since October 1, 2022.

30 Repealed by Government Council Resolution of August 31, 2022 (OS 77, 413; ABI 2022-09-02).

In force since October 1, 2022.

24