The Swiss Abroad are deemed to lack the legal capacity to exercise their voting rights in accordance with Article 136 paragraph 1 Cst. if:
- they are subject to a general deputyship due to being permanently incapable of judgement or are represented by a person entrusted with their care in accordance with Swiss law; or
- they are subject to an adult protection measure under foreign law that eliminates their capacity to act due to being permanently incapable of judgement provided an adult protection measure could also have been put in place under Swiss law.