Aguascalientes, Mexico, regional Veto-plebiscite [AVP] - Referéndum

General Typology

Instrument
Veto-plebiscite [AVP]
Location
Aguascalientes, Mexico
Political level
regional
Local Name:
Referéndum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 17.- (..) 

C. In the State, direct and participatory democracy is recognised, understood as the right of persons to influence public decisions and the control of public office, through the following instruments of citizen participation:
a) Plebiscite;
b) Referendum;
c) Citizens' Initiative;
d) Consultation on the Revocation of Mandate;
e) Participative Budget;
f) Open Chapter;
g) Citizen Consultation; and
h) Citizen Committees.
The State Electoral Institute shall be the authority in the matter of instruments of citizen participation, the purpose of which shall be to establish, foster and promote instruments that permit the organization and functioning of citizen participation. The law shall regulate the instruments of citizen participation, the deadlines, terms, means of challenge, publicity, the procedures for their request and the mechanisms for carrying them out; as well as the matters of application.
The same Law can only be reformed, added, repealed or abrogated by the vote of the qualified majority of the members of the State Congress. 

References: CONSTITUCION POLITICA DEL ESTADO DE AGUASCALIENTES, 1950 (accessed March 11, 2019)

Article 3.
The instruments of citizen participation are:
(..)
II.-Referendum
(..)
Expenses that arise with the implementation of the instruments of citizen participation, must be incurred by its initiators, so the Executive Branch, the Congress of the State and the municipalities shall establish in their budgets of expenses a category for this purpose; for those promoted by citizens, the expenses will be disbursed by the Electoral State Institute The State Congress shall have the power to make the budgetary reallocations necessary to guarantee the execution of the instruments of citizen participation.

Article 4
For the purposes of this Law, the State Congress, the Governor of the State, the State Councils and the State Electoral Institute of Aguascalientes are obligated to the application and execution of its norms, within their respective scope of competence. During citizen participation procedures, all periods and terms shall be computed in working days and hours.

Chapter II
The Referendum
Article 14.- The Referendum is the instrument of participation by means of which the creation, modification, repeal or abrogation of constitutional norms, laws or norms of a general nature proper within the competence of the State Congress, (..)

Article 15.- The Referendum may be requested by:
II. The Governor of the State;

Article 17.- The request for a Referendum must be submitted to the Institute within thirty working days following the official publication in the corresponding state or municipal media, or its approval in the case of those general provisions that do not require official publication for its validity.

Chapter III
The Plebiscite Process, Referendum and Consultation on Revocation of Mandate
Section One
The Plebiscite and Referendum Request 

Article 20.- In order to initiate the Plebiscite or Referendum, a written request must be submitted to the Institute, which must contain:
I. The names, signatures and voter codes of the credential of the promoters of the Plebiscite or Referendum;
II. An address to hear and receive notifications within the State;
III. The act of government, or the law or provision of general character that is intended to submit to Plebiscite or Referendum respectively. In the case of a Plebiscite, the administrative body or bodies that will apply it if approved;
IV. The exposition of reasons for the act, juridical ordering or part of its articulate must be submitted to the consideration of the citizenship, by means of Plebiscite or Referendum; and
V. In the case of several promoters, the name of a common representative, as well as an address within the State, or the municipality, to hear and receive notifications. No public servant may intervene as a promoter in this process, with such character, they may only do so to participate and promote as a citizen.

Article 21.- The Institute shall analyze the application submitted within a maximum period of fifteen working days and may:
a) Approve it in general, giving it the procedure to be submitted to Plebiscite or Referendum;
b) Propose adjustments, without altering or modifying the substantial part of it and inform the promoter or common representative of the Plebiscite so that the matter related to the Plebiscite request may be corrected within a period of no more than ten working days; or
c) Reject it if it is inappropriate for violating local or federal laws. 

Article 22: The Institute, with the vote of at least two thirds of the members of the General Council, shall determine if it is transcendental for public order or the social interest of the State. Any decision must be founded and motivated. 

Article 26.- A Plebiscite or Referendum may not be held in the year in which constitutional elections are to be held from the moment the period of pre-campaign and/or citizen support begins until the day following the election day. 

Article 32.- The results of the Plebiscite or Referendum shall be binding as long as at least forty percent of the persons registered in the corresponding electoral roll in the territorial district in which it was applied participate in said process. 

Article 33.- In the case of a referendum relating to constitutional norms, it shall only proceed if it is so voted by at least fifty percent plus one of the citizens registered in the electoral roll.

References: LEY DE PARTICIPACION CIUDADANA DEL ESTADO DE AGUASCALIENTES, 2018 (accessed March 11, 2019)

Subject Matter:

To call a referendum on the creation, modification, repeal or abrogation of constitutional norms, laws or norms of a general nature, proper within the competence of the State Congress

Actors

Author:
Parliament
Initiator:
Governor
Decision maker:
Electorate

Requirements

Available Time:
30 days after publication of the norm
Turnout Quorum:
40% of electorate
Approval Quorum:
Non-constitutional norms: Majority of votes - Constitutional norms: 50% plus 1 of the electorate
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:
Other Formal Requirements:

Article 16.- Legislation or regulations that deal with the following matters may not be submitted to a Referendum:
I. The constitutional and legal dispositions in tributary or fiscal matter, as well as the Law of Revenues and Budgets of Expenditures in the State of Aguascalientes;
II. Organic Law of the Public Administration of the State of Aguascalientes and its Internal Regulations;
III. Organic Law of the Legislative Power of the State of Aguascalientes and its Internal Regulations;
IV. Organic Law of the Judicial Branch of the State of Aguascalientes and its Internal Regulations;
V. Municipal Law for the State of Aguascalientes and regulations for the internal and administrative functioning of Town Halls;
VI. The State Electoral Code;
VII. The legal provisions in criminal matters, violence and gender perspective, those that enshrine human rights and those relating to affirmative action; and
VIII. The others determined by law.

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only. Only the original Spanish version is binding.