Bavaria, Germany, regional Popular or citizens initiative [PCI] - Volksbegehren [Auflösung des Landtages]

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Bavaria, Germany
Political level
regional
Local Name:
Volksbegehren [Auflösung des Landtages]
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Art. 2 

(1) Bavaria is a republic. The state authority shall emanate from the people.

(2) The people shall express their will through elections and referendums. The majority votes shall be decisive.

References: Constitution of the Republic („Freistaat“) of Bavaria, 1998, (accessed Nov. 6, 2019)

Article 83 Dismissal of the Parliament by the people 

At the request of one million persons, a referendum on the dismissal of the Parliament is to be induced.

Article 84 Citizens' initiative 

For the conduct of the citizens' initiative Art. 63 to 70, 71 (1), 72, 73 (1) and (5) and article 74 shall apply.

Article 63 Application for approval

(1) The request for approval of a citizen initiative must be addressed in written form to the Ministry of the Interior, Construction and Transport. The elaborate, reasoned bill, the subject of the referendum, shall be included. The application requires the signatures of 25 000 voters; the voting rights of the signatories shall be demonstrated in the submission of the application for approval. At the day of submission the application the proof may not be older than two years.

(2) With the application for authorisation a representative and a deputy shall be appointed. The representative and the deputy are on their own entitled to issue binding declarations to the request and to receive them; in case of doubt, the statement of the representative applies. In case of resignation of the representative or the deputy, in addition at least three more deputies are to be designated in the application for approval.

Article 85 Referendum 

For conducting the referendum Art. 75, 76 para 1 and 3, Art. 77 sentence 1 and 2, Art. 78 and 80 shall apply.

Article 86 Referendum result

The majority of the valid votes is required for the dismissal of the Parliament by popular vote.

References: Gesetz über Landtagswahl, Volksbegehren, Volksentscheid und Volksbefragung, 2002, (accessed Nov. 6, 2019)

Subject Matter:

To call a referendum on the dismissal of Parliament

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
Initial: 25000; Conclusion: 1 000 000
Available Time:
14 days
Turnout Quorum:
None
Approval Quorum:
Majority of valid votes
Geographical Quorum:
None
Excluded Issues:

One topic instrument

Other Formal Requirements:

Procedural Elements

Collection Mode:
restricted
Specify Collection Mode:

 

Article 65 Notice of the citizens' initiative and the registration period

(1) If granted approval, so the Ministry of Interior, Construction and Transport makes known about the citizen initiative in the legally prescribed form and sets the beginning and end of the period, during which the registrations for the initiative can be made (registration deadline).

(2) No later than six weeks after the receipt of the complete application for approval at the Ministry of Interior for Construction and Transport the publication has to be made, in the case of article 64 four weeks after the announcement of the approval decision of the Constitutional Court about the application.

(3) The registration period is 14 days. It starts as earliest 8 weeks, no later than twelve weeks after the publication in the State Gazette. If the registration lists for reasons which the applicants are not responsible for, or not properly held ready during the whole registration period for the registration of the signing statement, the Ministry of Interior, Construction and Transport will extend the registration deadline generally or for individual municipalities accordingly

Article 68 Public display of the registration lists

(1) The signatories of the application have to submit the required number of proper registration lists to the municipalities which are not assigned to a county, to the seat of the county administration for municipalities assigned to a county, no later than two weeks before the start of the registration period against proof of receipt of the county offices. It shall include the full content of the citizen initiative.

(2) The municipalities are obliged to provide the registration lists for the duration of the registration deadline for the registration of the signed declaration. The registration areas and hours are to be determined so that any voter finds ample opportunity to participate in the citizen initiative.

Article 70 Invalid registrations

(1) Registrations are not valid if

1. they do not contain a handwritten signature,

2. it do not clearly identify the person who did register,

3. the registered person is not entitled to vote,

4. are not signed on proper registration lists,

5. are not made in time,

6. are made outside of the official registration rooms,

7. the certificate of registration is invalid, the statement of in support of the citizen initiative or the insurance in lieu of oath

is not signed.

(2) multiple registrations of a person are considered as one registration.

(3) The registration made by a helping person in accordance with article 69 paragraph 3 is not ineffective, if the voting person before registration has died or moved away from the voting area or otherwise lost the right to vote.

Article 71 Determination of the result of the citizens'  initiative

(1) The State Electoral Committee determines the result of the citizen initiative. It is not bound by the opinion of the Municipality or of the County Office on the validity of the registrations.

(2) For the validity of the citizen initiative, it is necessary that the request creating a law has been made by at least one-tenth of the electorate.

(3) The State Electoral Officer publishes the result of the citizen initiative, set by the State Electoral Committee.

References: Gesetz über Landtagswahl, Volksbegehren, Volksentscheid und Volksbefragung, 2002, (accessed Nov. 6, 2019)

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

Practice

Archive:
Remarks:

The English language version here is provided as a courtesy. The German language text is the official version.