Federal Act on Political Rights

By Steph5
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In The Matter OfFederal Act on Political Rights
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 1

Repealed by No I of the FA of 21 June 2002, with effect from 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401).

Art. 2 Ineligibility to vote

Persons lacking legal capacity who are ineligible to vote in accordance with Article 136 paragraph 1 of the Federal Constitution are persons who are subject to a general deputyship or are represented by a carer as they are permanently incapable of judgement.

Art. 2 — Amended by Annex No 3 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 3 Political domicile

1 Votes shall be cast in the political domicile, i.e. the commune in which the person eligible to vote is resident and registered to vote. Persons of no-fixed residence shall vote in their commune of origin. 2 Any person who deposits an identification document other than the certificate of origin (certificate of residence, provisional certificate, etc.) shall acquire political domicile only if they prove that they are not registered to vote in the place where their certificate of origin is deposited.

Para. 1 — Second sentence inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445).

Art. 4 Electoral register

1 Persons who are eligible to vote at the political domicile must be entered in the electoral register. Registrations and deletions must be carried out officially. 2 Prior to an election or vote, entries must be made in the electoral register until the fifth day before the polling day provided the requirements for participation are fulfilled on the polling day. 3 The electoral register is shall be available for inspection to those who are eligible to vote.

Art. 5 Principles of voting

1 Official ballot papers must be used for voting. Cantonal vote recording vouchers for electronic data processing shall be regarded as equivalent to official ballot papers. 2 Ballot papers that are not pre-printed must be completed by hand. Pre-printed ballot papers may be altered only by hand. 3 Persons who are eligible to vote may vote in person or by post. Voting in electronic voting pilot schemes is governed by Article 8a. 4 and 5 ... 6 Votes may be cast by proxy at the polling station provided cantonal law permits this for cantonal votes and elections. Persons who are eligible to vote but who are unable to write may have their ballot paper completed in accordance with their instructions by person of their choice who is eligible to vote. 7 Voting secrecy must be preserved.

Para. 1 — Second sentence inserted by No I of the FA of 18 March 1994, in force since 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 3 — Amended by No I of the FA of 18 March 1994, in force since 15 Dec. 1994 (AS 1994 2414; BBl 1993 III 445). Para. 3 — Second sentence inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401). Para. 45 — Repealed by No I of the FA of 18 March 1994, with effect from 15 Nov. 1994 (AS 1994 2414; BBl 1993 III 445). Par

Art. 6 Voting by persons with disabilities

The cantons shall ensure that any person who, due to a disability or any other reason, is permanently incapable of carrying out the procedures required for voting is able to vote.

Art. 7 Advance voting

1 The cantons shall permit advance voting on at least two of the four days immediately prior to the polling day. 2 For the purpose of advance voting, cantonal law must provide for all or certain polling stations to be open for a specific time or that persons eligible to vote may hand over their ballot paper in a sealed envelope at a public office. 3 Where cantons provide for an extended form of advance voting, this also applies in federal votes and elections. 4 The cantons shall enact the required provisions relating to the counting of all the votes cast, the preservation of voting secrecy and the prevention of abuses.

Art. 8 Postal voting

1 The cantons shall provide a simple procedure for postal voting. In particular, they shall enact provisions to guarantee the verification of eligibility to vote, voting secrecy and the counting of all the votes cast, and to prevent abuses. 2 Postal voting is permitted from the time of receipt of the documents required to cast a valid vote in accordance with cantonal law.

Para. 2 — Amended by No I of the FA of 18 March 1994, in force since 15 Dec. 1994 (AS 1994 2414; BBl 1993 III 445).

Art. 8a Electronic voting

1 The Federal Council may in consultation with interested cantons and communes permit electronic voting pilot schemes that are limited in their geographical scope, in the dates on which they are held, and in the subject matter to which they relate. 1bis It may on application authorise cantons that have conducted electronic voting pilot schemes successfully and without malfunction over a lengthy period to continue such schemes for a period that it stipulates. It may make authorisation subject to requirements or conditions or, taking account of the overall circumstances, exclude electronic voting at any time, whether in terms of its geographical scope, the subject matter to which it relates, or the date on which it is held. 2 The verification of eligibility to vote, voting secrecy and the counting of all the votes cast must be guaranteed and abuses prevented. 3 ... 4 The Federal Council shall regulate the details of such schemes.

Art. 8a — Inserted by No I of the FA of 21 June 2002, in force since 1 Jan. 2003 (AS 2002 3193; BBl 2001 6401). Para. 1bis — Inserted by No I 1 of the Federal Act of 23 March 2007 on the Amendment of the Federal Legislation on Political Rights, in force since 1 Jan. 2008 (AS 2007 4635 4637; BBl 2006 5261). Para. 3 — Repealed by No I 1 of the Federal Act of 23 March 2007 on the Amendment of the Federal Legislation on Political Rights, with effect from 1 Jan. 2008 (AS 2007 4635 4637; BBl 2006 5261

Art. 9

Repealed by No II 4 of the Federal Act of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121).