The Question Every Swiss Board Asks
"Can we legally hold votes online?"
It's the question that stops most Swiss associations from modernizing. Board members worry about legal challenges. They imagine disputes, contested elections, members claiming results are invalid.
Here's the good news: Swiss association law (Art. 64-79 ZGB) is remarkably permissive. The law focuses on outcomes—fair representation, documented decisions, member rights—not methods.
This means digital voting isn't just legal. In many cases, it's better protected than traditional methods.
What Swiss Law Actually Requires
Let's be specific. The Swiss Civil Code (Zivilgesetzbuch) sets minimal requirements for association voting:
Article 66 ZGB - General Assembly
Article 67 ZGB - Resolutions
Article 75 ZGB - Challenging Resolutions
Notice what's NOT mentioned: physical presence, paper ballots, show of hands, or any specific voting method.
The Statute Question
Your statutes are the key. Swiss law gives associations wide freedom to define their own procedures.
If your statutes say nothing about voting methods:
You can use any method that respects member equality and produces documented results. Digital voting qualifies.
If your statutes require "Handmehr" (show of hands):
You'll need to amend them first. The good news: this amendment itself can often be done at your next GV.
If your statutes allow written votes:
Digital voting is generally accepted as a form of written voting, especially if you can document each vote.
Recommended Statute Language
Consider adding this to your statutes:
*Abstimmungen können schriftlich, elektronisch oder durch Handerheben durchgeführt werden. Bei elektronischen Abstimmungen gelten die Stimmen als schriftlich abgegeben. Der Vorstand bestimmt das Verfahren.*
Translation: "Votes may be conducted in writing, electronically, or by show of hands. In electronic votes, votes count as written votes. The board determines the procedure."
This gives you maximum flexibility while staying clearly within legal bounds.
Documentation: Your Legal Protection
Where digital voting actually beats traditional methods is documentation.
A show of hands produces:
A digital vote produces:
If someone challenges your vote under Article 75 ZGB, which evidence would you rather have?
The Three Requirements for Legally Solid Digital Voting
Based on Swiss legal practice and court precedents, your digital voting system should ensure:
1. Identity Verification
You must confirm that the person voting is actually the member they claim to be.
Acceptable methods:
Not sufficient:
2. Vote Integrity
Each vote must be recorded accurately and cannot be altered.
What this means:
3. Audit Trail
You must be able to prove what happened if challenged.
Document:
Keep records for at least 10 years (standard Swiss document retention).
Practical Considerations for Swiss Associations
Language Requirements
Switzerland's multilingual reality matters. If your association operates in multiple language regions:
Cantonal Variations
Some cantons have specific requirements for certain types of associations (cultural foundations, sports clubs with cantonal subsidies, etc.). Check if your association falls under additional regulations.
Data Protection
The Swiss Data Protection Act (DSG/nDSG) applies. Your voting system must:
When Digital Voting Works Best
Based on our work with Swiss associations, digital voting is especially effective for:
Routine decisions
Budget approval, activity reports, small statute changes
Elections with multiple candidates
Secret ballots without the logistics of paper
Geographically dispersed members
Diaspora organizations, national associations, international chapters
Time-sensitive decisions
When you can't wait for the next physical meeting
High-stakes votes
Where documentation and audit trails matter most
When to Be Careful
Digital voting might not be ideal for:
Highly contentious decisions
Sometimes face-to-face discussion is necessary before voting
First-time adoption
Consider a hybrid approach: digital voting alongside a physical meeting
Members without digital access
Ensure alternative voting methods for those who need them
The Bottom Line for Swiss Boards
You probably have more flexibility than you think.
Swiss law cares about fairness, documentation, and member rights—not whether votes are cast on paper or pixels.
The real question isn't "Can we do this legally?" It's "Are we documenting properly?" Digital voting, done right, actually makes legal compliance easier, not harder.
**Ready to run your first digital vote?** Eroica Vote is built for Swiss associations—multilingual, legally compliant, fully documented. Start with a pilot →
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