**Art. 1 : Ordinance on the Election of the Church Synod (Synodal Election Ordinance)**

Subject Matter

This Ordinance governs the procedure for the election of the Church Synod.

1 The electing authority is the Church Council.

2 The Church Council may transfer the task of election management to the competent body of the Canton.

Election Management

The elections to the Church Synod take place in the constituencies that exist for the Cantonal Council elections according to the law on political rights.

a. Division of Constituencies

The Church Council, in accordance with Art. 209 para. 1 KO, shall determine the distribution of seats among the electoral districts by the middle of the preceding year before each regular election for the full renewal of terms.

To be eligible for election as a member of the Church Synod, a person must meet the requirements according to Art. 20 para. 2 of the Church Order and have their domicile in the Canton of Zurich.

Membership in the Church Synod is incompatible with: Incompatible-

a. membership in the Church Council,

b. the office of the Church Council Secretary or Church Council Sec-

retary,

c. membership in the Appeals Commission,

d. employment in the General Church Services, with the exception of

activity as a pastor in institutions according to

1 If an incompatibility arises, the person concerned shall inform the Church Council within five days of notification of the election or after the occurrence of the ground for incompatibility, for which office they have decided.

2 Without such a declaration, the Church Council shall assign an office to the person concerned in the order of the following criteria

a. the previous office before the new office,

b. decision by lot.

1 Official publications in connection with elections to the Church Synod are made in the Official Gazette of the Canton of Zurich.

2 The Church Council informs affected parishes, parish associations, and district church boards about official publications that have been made.

Arrangement

Election documents

Section 2: Arrangement of Elections

1. The Church Council arranges renewal elections and substitute elections to the Church Synod, taking into account the cantonal election and voting dates.

**2. The arrangement shall be officially published at least seven weeks before election day.**

The provisions of the Law on Political Rights² regarding election documents are subsidiarily applicable.

Election Proposals

a. Deadline

b. Content

Section 3: Preliminary Proceedings

1 The Church Council, by official publication, sets a period of 40 days within which election proposals can be submitted to it.

2 The election proposals can be inspected.

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1 A nomination list may contain no more eligible persons than there are seats to be filled in the electoral district.

2 Each person may be listed on no more than one nomination list, and only once thereon.

3 Nominated persons shall declare in writing on the corresponding nomination list whether they are employed as a pastor, employee, or official in the service of a parish or the regional church.

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1 On the electoral proposal, for each proposed person, the following shall be listed

a. Name, first name, and gender,

b. Date of birth,

c. Profession,

d. Information according to § 12 para. 3 of this Ordinance,

e. Address,

f. Indication as to whether the proposed person has previously been a member of the Church Synod.

2 In addition, the common name (Rufname) may be stated on the electoral proposal.

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

4 The electoral proposal may be provided with an abbreviated designation.

1 Every electoral proposal must be signed by at least 15 eligible voters of the electoral district.

2 Each person may only sign one electoral proposal. The signature cannot be withdrawn.

3 If the signatories of an electoral proposal do not designate a person authorized to represent them, the first signatory, and if that person is unable, the second signatory, shall be considered authorized to withdraw the electoral proposal or to make other declarations.

1. **Review of Nominations**

The Church Council reviews whether the nominations comply with the applicable regulations, particularly whether the proposed persons are eligible for election according to Art. 20 para. 2 of the Church Ordinance, whether the information according to § 13 para. 1 lit. a, b, and e of this Ordinance matches that in the electoral register, and whether the signatories are entitled to vote.

2. In case of a defect, the Church Council sets a four-day deadline for rectification. If a defect is not rectified within the deadline, the nomination is wholly or partially invalid.

3. If a nomination still contains too many names after rectification, the excess names will be struck from bottom to top.

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f. Second Deadline

1 The Church Council officially publishes the names of the proposed persons, organized by electoral district and in alphabetical order, and sets a period of seven days within which previous nominations can be amended or withdrawn, or new nominations can be submitted.

2 After the expiration of the second period, the nominations can no longer be changed.

3 The Church Council also examines the definitive nominations.

4 The names of those definitively proposed will be officially published.

1 The District Church Boards shall inform about the elections to the Church Synod in an appropriate manner. They shall support and coordinate the preparation of election proposals, taking into account local circumstances. In doing so, they shall respect the freedom to vote and elect.

2 They shall contribute to the democratic formation of election proposals.

District Church Boards

Ballot paper

Section 4: Elections

Synodal Election Ordinance

**181.20**

1 If the number of persons nominated for election is equal to or less than the number of seats to be filled in the electoral district, all nominated persons shall be printed in alphabetical order on an official ballot paper.

2 On the ballot paper, the following information shall be provided for each nominated person

a. Surname and given name,

b. Year of birth,

c. Place of residence,

d. Profession,

e. the information pursuant to Section 13, paragraph 1, letter f, as well as Section 13, paragraphs 2 and 4 of this Ordinance.

3 If more persons are nominated for election than there are seats to be filled, a blank ballot paper shall be used, and an accompanying sheet shall be sent with it, on which the nominees are listed in alphabetical order, as well as the possible designation of the electoral proposal pursuant to Section 13, paragraph 4 of this Ordinance. The accompanying sheet shall be designed in such a way that confusion with the official ballot paper can be ruled out.

4 The eligible voters shall receive voting instructions.

Regarding voting, the counting of ballots, and the determination of the election results, the provisions of the Law and Ordinance on Political Rights³ are subsidiarily applicable.

1 The Church Council shall notify the elected persons of their election

without delay. It shall draw their attention to

a. the legal remedies,

b. the possibility of declining the election in writing within five days

of the notification,

c. the incompatibilities according to § 6 of these regulations,

d. the provision of Art. 210 para. 3 KO, according to which the majority of

representatives of an electoral district may not be pastors,

clergy, or employees in the service of a parish or

the regional church.

2 It shall officially publish the election result with the corresponding

information on legal remedies.

1 If, after the expiry of the deadline according to § 20 para. 1 lit. b of this

Ordinance, the provision of Art. 210 para. 3 KO is not complied with,

according to which the majority of representatives of an electoral

district may not be pastors or employees in the service of a

parish or the national church, the following procedure shall be adopted

a. If fewer than or the same number of persons have achieved the absolute majority

as there are seats to be filled, the election of those pastors

and employees who are in the service of a parish

or the national church, with the lowest number of votes, shall be invalid.

b. If more persons have achieved the absolute majority than there are seats to

be filled, the election of those pastors and employees

who are in the service of a parish or the national

church, with the lowest number of votes, shall be invalid. The other

persons who have achieved the absolute majority shall move up.

2 If not all seats can be filled in this manner, an election round

for the vacant seats shall take place in accordance with § 23 of this Ordinance.

5 1 If a person declines election, the person who achieved the best result among the elected but supernumerary excluded persons in that electoral district shall be deemed elected.

2 If a seat cannot be filled, a second ballot shall take place.

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Second

Ballot

Confirmation

By-Elections

a. Premature

Resignation

b. Procedure

c. Uncontested Election

Regarding the second ballot, the regulations for the first ballot apply, with the following deviations and special provisions

a. The order for the second ballot shall be officially published at least 22 days before the ballot.

b. The preliminary procedure according to §§ 11–17 of these regulations shall not take place. Uncontested elections (silent elections) are excluded. Eligible voters shall receive a blank ballot paper.

c. Persons who were not candidates in the first ballot may also be elected.

d. The relative majority shall be decisive.

1 After the conclusion of the election procedure, the Church Council shall submit a motion and report to the Church Synod. The report shall contain the results of the elections.

**2 At its constitutive meeting, the Church Synod shall decide on any appeals lodged against the elections and affirm the election results.**

1 Early resignation from the Church Synod must be communicated to the President of the Church Synod.

2 The President of the Church Synod shall inform of a resignation

a. the Church Council without delay, with the request to arrange for the substitute election,

b. the Church Synod at its next meeting.

1 The provisions concerning the **renewal elections** of the Church Synod shall apply to **by-elections**. The **tacit election** according to § 27 of this Ordinance remains reserved.

2 If a resignation occurs less than six months before the **renewal elections** of the Church Synod, no **by-election** shall take place.

1 The Church Council declares the nominated persons elected,

if

a. the number of nominated persons is equal to or less than the number of seats to be filled, and

b. the initially nominated persons match the definitively nominated persons.

2 For the vacant seats, an election with a blank ballot will be conducted.

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Synodal Election Ordinance

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1 After the completion of the election process, the Church Council shall submit a motion and report to the Church Synod. The report shall contain the result of the election.

2 The Church Synod shall decide on the appeals raised against the election and confirm the result of the election.

Section 5: Legal Protection

A decision of the Church Council or any body appointed by it pursuant to a submission can be challenged before the Church Synod by an appeal on voting rights, concerning acts or omissions regarding the right to vote.

Persons entitled to appeal are

a. the eligible voters of the relevant electoral district and the candidates,

b. political parties and groups active in the relevant electoral district.

1 The appeal period is five days.

2 The period begins to run on the day after the notification of the contested act, failing such, on the day after its official publication, and failing such, on the day after its acknowledgement.

3 The period begins to run in any case no later than the day after the official publication of the election result.

Legitimation

Period

1 If the appeal is filed before election day, it will only have suspensive

suspensive effect if ordered by the Office of the Church Synod upon application or *ex officio*.

2 The Office of the Church Synod may order recounts.

Recounts

1. The Church Synod decides on appeals concerning voting rights

based on a motion and report from its office.

2. A repeat of an election or vote shall only be ordered if there

are grounds to believe that the irregularity has influenced the

outcome of the election or vote with a certain probability.

Appeal costs will only be levied if the appeal is manifestly

hopeless.

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Synodal Election Ordinance

Section 6: Concluding and Transitional Provisions

Repeal of existing law

By-elections

Entry into force

Regulations, guidelines, directives, and decisions of the Church Synod and the Church Council that contradict this Regulation are hereby repealed upon the entry into force of this Regulation.

2 At the time of the entry into force of this Ordinance and its amendments, ongoing by-elections shall be concluded in accordance with the previously applicable law.

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1 FO 65, 172.

2 LS 161.

3 LS 161.1.

4 LS 181.10.

5 Version according to Decree of March 12, 2013 (FO 68, 306; AB1 2013-04-26). In force

since October 1, 2013.

6 Repealed by Decree of March 12, 2013 (FO 68, 306; ABI 2013-04-26). In

force since October 1, 2013.

Abs. 1 KO.

keit

a. Principle

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Synodal Election Ordinance

b. Procedure

Official

Publications