Aosta Valley, Italy, regional Popular or citizen-initiated referendum [PCR] - Referendum previsto dall'articolo 15

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
11100 Aosta, Aosta Valley, Italy
Political level
regional
Local Name:
Referendum previsto dall'articolo 15
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

TITLE V
BODIES OF THE REGION
ARTICLE 15
1. These are the bodies of the Region: the Valley Council, the Regional Government and the President of the Region.
2. In accordance with the Constitution and the principles of the Republic's legal system and in compliance with the provisions of this Title, the regional law, approved by an absolute majority of the assigned councillors, shall determine the form of government of the Region and, specifically, the procedures for electing the Council of the Valley, the President of the Region and the councillors, the cases of ineligibility and incompatibility with the aforementioned offices, the relations between the organs of the Region, the presentation and approval of the reasoned motion of no-confidence against the President of the Region, as well as the exercise of the right of popular initiative of the regional laws and of the regional abrogative, proactive and consultative referendum.
(..)
The regional law referred to in the second paragraph shall be submitted to a regional referendum, the discipline of which is provided for by a specific regional law if, within three months of its publication, one fiftieth of the voters of the Region or one fifth of the members of the Council of the Valley request it.
The law submitted to referendum shall not be promulgated unless it is approved by a majority of the valid votes. (..)
If the law has been passed by a two-thirds majority of the members of the Valley Council, a referendum shall only be held if, within three months of its publication, the request is signed by one-fifteenth of the persons entitled to vote for the election of the Valley Council.

References: Legge costituzionale 26 febbraio 1948, n. 4, STATUTO SPECIALE PER LA VALLE D’AOSTA (accessed April 14, 2020)

Article 4
(Content of the referendum request)
1. The request for referendum shall contain the title of the regional law, approved in accordance with Article 15(2) of the Special Statute, that is to be submitted to the popular vote and shall mention the date of its approval by the Regional Council and the date and number of the Official Bulletin of the Region in which it was published.
2. The request for a referendum shall reach the General Secretariat of the Regional Council within the deadline referred to in Article 2(5).

Article 7
(Request for referendum by voters in the region)
1. In order to collect the signatures required to promote the request for a referendum, at least three and no more than five electors of the region, who take on the role of promoters, shall submit to the Secretary General of the Regional Council
(a) the notice of referendum initiative, containing the information specified in article 4 and bearing at the bottom the signature of the promoters, authenticated in accordance with article
(b) certificates proving that the promoters are registered on the electoral roll of a municipality in the region.
2. When submitting the referendum initiative, the promoters shall also indicate the name, surname and any other postal, telephone, telematic and fax numbers of two proxies, chosen from among the promoters themselves, for the purposes of article 8. The names of the delegates shall be recorded in the minutes referred to in paragraph 3.
3. The Secretary-General shall draw up minutes of the submission of the referendum initiative, which shall state the date and time of submission. The minutes shall be signed by the initiators and the Secretary-General.
4. The minutes shall be drawn up in duplicate, one of which shall be filed with the records of the office and the other shall be given to the initiators as proof of submission.
5. The Secretary-General shall immediately notify the President of the Regional Council and the President of the Region of the referendum initiative, who shall publish the announcement in the Regional Official Gazette within five days.

Article 8
(Delegates)
1. The delegates referred to in Article 6 and Article 7(2) shall represent the signatories of the referendum request. In particular, the delegates shall
(a) receive all communications concerning the referendum proceedings;
(b) intervene in person at the stages of the referendum procedure;
(c) carry out actions, appeals and any other initiatives to protect the referendum.
2. Any communication to the delegates shall be made by registered letter with acknowledgement of receipt.

Article 11
(Verification of the referendum request)
1. The Bureau of the Regional Council shall, within ten days of the deposit of the sheets of paper on which the signatures of the electors have been affixed, verify the regularity of the signatures, their number, their authentication and the validity of the attached documents.
2. The Bureau of the Regional Council shall declare null and void signatures
(a) affixed to sheets of paper that have not been stamped in accordance with Article 9(2);
(b) which have not been duly authenticated or are not accompanied by certification of registration on the electoral roll of a municipality in the region.
3. Within the time limit referred to in paragraph 1, the Bureau of the Regional Council shall record in a report the verification carried out. The minutes shall be sent to the delegates referred to in Article 7(2) and to the President of the Region who shall publish them in the Regional Official Bulletin within five days. 

Article 13
(Holding of referendum)
1. If the Bureau of the Regional Council certifies the legitimacy of the referendum request in the minutes referred to in Article 11(3), the President of the Region shall, within thirty days of the date of transmission of the Bureau minutes, call the referendum by decree to be published in the Official Bulletin of the Region.
2. The date of the referendum shall be set by the President of the Region on a Sunday between the sixtieth and the ninetieth day after publication of the decree calling for the referendum in the Official Bulletin of the Region.
3. Where another regional law approved in accordance with Article 15(2) of the Special Statute has been published in accordance with Article 2, the President of the Region may delay the holding of the referendum for up to four months beyond the deadline laid down in paragraph 2, so that the referendums are held at the same time with a single convocation of the voters of the region for the same day.

Article 19
(Proclamation of the results of the referendum)
1. The regional referendum office shall proclaim the results of the referendum by certifying that the regional law submitted to the referendum had, taking into account the valid votes, a higher number of votes in favour and a lower number of votes against, or that the number of votes in favour is less than or equal to the number of votes against. 

Article 20
(Promulgation of the law in the event of a favourable outcome of the referendum)
1. The President of the Region shall, on the basis of the report submitted by the regional referendum office, if it emerges that the regional law submitted to the referendum has received a majority of votes in favour, promulgate the law with the following formula "The Regional Council has approved with an absolute majority (a two-thirds majority) of its components; The referendum held on ... The referendum held on ... was favourable; The President of the Region hereby promulgates the following law: (text of the law). This Regional Law will be published in the Official Bulletin of the Region. It is the duty of everyone concerned to observe it and have it observed as a law of the Autonomous Region of Valle d'Aosta. 

Art. 21
(Publication of the unfavourable outcome of the referendum)
1. The President of the Region, on the basis of the report submitted by the regional referendum office, shall ensure that the unfavourable outcome of the referendum is published in the Official Bulletin of the Region if the number of votes cast for the regional law submitted to the referendum is less than or equal to the number of votes against.
2. Regional laws not approved by referendum shall lapse.

References: Legge regionale 22 aprile 2002, n. 4; Disciplina del referendum previsto dall'articolo 15, quarto comma, dello Statuto speciale. (B.U. 21 maggio 2002, n. 22)(accessed (February 21, 2021)

Subject Matter:

To call a referendum according to Article 15 (2) of the Statuto speciale.

Actors

Author:
Parliament
Initiator:
Citizens
Decision maker:
Regional electorate

Requirements

Number Of Signatures:
1/15th of the electorate
Available Time:
3 months
Turnout Quorum:
None
Approval Quorum:
50%+1 of valid votes
Geographical Quorum:
None.
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Article 9
(Collection and authentication of signatures)
1. The signatures of voters in the region accompanying the request for a referendum shall be affixed on sheets of paper the same size as stamped paper and shall contain the request for a referendum and the information required by Article 4 in the heading.
2. The sheets shall be submitted to the Secretary General of the Regional Council by the delegates referred to in article 7, paragraph 2, for approval. The Secretary-General shall stamp the sheets with his office stamp, the date and his signature and shall return them to the delegates. The Secretary-General shall stamp the sheets with his signature and return them to the delegates within two days of their submission.
3. The name, surname, place and date of birth of each elector and the commune in the region in whose electoral roll he or she is registered shall be clearly and legibly indicated next to his or her signature, on penalty of nullity. registered.
4. The signatures shall be authenticated by one of the persons indicated in Article 14, § 1 of law no. 53 of 21 March 1990 (Urgent measures to ensure greater efficiency in the electoral process), as last amended by Article 4 of law no. 120 of 30 April 1999 (Provisions on the election of local authority bodies and provisions on the fulfilment of electoral obligations), and by the regional councillors of Valle d'Aosta who have declared their availability in writing to the President of the Regional Council.
5. The authentication shall indicate the date on which it is carried out and may be unique for all the signatures on each form.In the latter case it shall indicate the number of signatures authenticated in total.
6. The public official carrying out the authentication shall record the expression of will of the voter who is illiterate or unable to sign.
7. When applying for a referendum, the delegates referred to in Article 7, paragraph 2, shall enclose certificates, including collective ones, attesting to the registration of the signatories on the electoral roll of a municipality in the region. The mayors shall issue the certificates within two days of the request. 

Article 10
(Filing of referendum requests by voters in the region)
1. Within three months of the date of publication referred to in Article 2(5), the delegates referred to in Article 7(2) shall within three months of the date of publication referred to in Article 2(5), the delegates referred to in Article 7(2) shall deposit with the Secretariat-General of the Regional Council the stamped sheets containing the signatures of the electors of the region, authenticated in accordance with Article 9.
2. The delegates shall accompany the sheets and the attached documents with their own declaration, signed before the Secretary General, certifying
(a) the number of signatures deposited and duly authenticated;
(b) the number of certifications attached.
3. The Secretary-General shall draw up minutes of the deposit, recording the date and time of deposit. The minutes shall be signed by the delegates and the Secretary-General.
4. The minutes shall be drawn up in duplicate, one of which shall be attached to the request for a referendum and the other delivered to the delegates as proof of lodging.

References: Legge regionale 22 aprile 2002, n. 4; Disciplina del referendum previsto dall'articolo 15, quarto comma, dello Statuto speciale. (B.U. 21 maggio 2002, n. 22)(accessed (February 21, 2021)

Wording Of Ballot Question:

Article 14
(Question to be submitted to referendum)
1. The text of the question to be submitted to referendum shall consist of the following wording: "Do you approve the regional law referred to in Article 15, second paragraph, of the Special Statute, bearing "(title of the law)", approved by the Regional Council at its meeting on ..., with an absolute majority (a two-thirds majority) of its members and published in the Official Bulletin of the Region number ..., on ...?".
2. The question shall be reproduced on the voting papers in both Italian and French.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Article 22
(Rules on expenses)
1. The costs of holding the referendum shall be borne by the Region, even if they are borne by other public administrations.
2. The expenses referred to in paragraph 1 shall be reimbursed by the Region to the other public administrations on the basis of a documented account to be submitted within six months from the date on which the referendum was held.

Article 24
(Financial provisions)
1. The expenses arising from the application of this law, estimated at 415,000 euros, shall be covered by chapter 22830 (Expenses for electoral consultations and referendums of regional interest), which is included in the list covered by the reserve fund, pursuant to Article 36 of Regional Law No. 90 of 27 December 1989 (Norme in materia di bilancio e di contabilità generale della Regione Autonoma Valle d'Aosta).

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.