Chiapas, Mexico, regional Popular or citizens initiative [PCI] - La consulta ciudadana

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Chiapas, Mexico
Political level
regional
Local Name:
La consulta ciudadana
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

FIFTH CHAPTER
OF THE POPULAR CONSULTATION
Article 467. 1. Popular consultation is the mechanism of participation by which citizens exercise their right, through the vote cast by which they express their opinion on one or  more issues of State importance. 

Article 468. 1. Issues of State transcendence shall be the object of popular consultation, the (sic) of which their constitutionality shall be qualified by the Superior Court of Justice of the State of Chiapas, through the Constitutional Court of Justice.
2. When the total participation corresponds, at least, to ten percent of the citizens registered in the nominal list of voters on the date of the consultation, in the respective field, the result shall be binding for the Executive and Legislative branches, as well as for the competent state and municipal authorities.

Article 469. 1. It is understood that there is State transcendence in the issues when it contains elements such as:
I. That have repercussions in the greater part of the State territory.
II. That have an impact on a significant part of the State's population. 

Article 470. 1. Voting in popular consultation is a right and an obligation of citizens to participate in decision-making on matters of State significance. 

Article 471. 1. The popular consultation convened by the Legislature shall be held (sic) on the same day as local election day.

Article 475. 1. The petition for popular consultation may be presented to the Congress of State, in terms of the present chapter.
2. In no way a People's Consultation may be held on the same dates as federal and/or local electoral processes; to this end, it is specified that the People's Consultation may be held up to ninety days prior to the start of the first stage of the electoral process.

Article 482. 1. Every request for popular consultation must contain a written application that shall comply, at least, with the following elements:
I. Full name and signature of the applicant.
II. The purpose of the consultation and the arguments for which the topic is considered to be of State transcendence.
III. The question that is proposed for consultation must be prepared in a clear, precise manner, without tendentious content or value judgments, and formulated in such a way as to produce a categorical response in a positive or negative sense and will be related to the subject of the consultation.
2. Only one question may be asked in the request for popular
consultation.

Article 474. 1. They may request a popular consultation:
III. The citizens in a number equivalent, at least, to one percent of the registered in the nominal list of voters of the Entity with cut to the date that the petition is made.

Article 476. 1. Citizens who wish to submit a request (..) must give Notice to the President of the Board of Directors, through the format determined by the State Congress.
2. The President of the Board of Directors shall issue, within a period of no more than ten working days, a certificate accrediting the presentation of the Notice, which shall be accompanied by the format for obtaining signatures and thus the beginning of the acts to collect the supporting signatures. Proof of Notice shall be published in the Official State Gazette.
3. Failure to submit the Notice shall be cause for not admitting the request for popular consultation.
4. The formats, the Notice and the certificates issued shall only be valid for the popular consultation carried out on the following day of immediate consultation.

Article 481. 1. The request from citizens shall be submitted to the President of the Board of Directors, pursuant to this Decree.
In the case of citizens' petitions, the summons shall be issued when they have gathered the support of at least 2.0 per cent of those registered on the nominal list of voters and after a declaration of constitutionality and qualification by the Constitutional Court in accordance with the report issued by the Institute.

Article 482. 1. Every request for popular consultation must contain a written application that shall comply, at least, with the following elements:
I. Full name and signature of the applicant.
II. The purpose of the consultation and the arguments for which the topic is considered to be of State transcendence.
III. The question that is proposed for consultation must be prepared in a clear, precise manner, without tendentious content or value judgments, and formulated in such a way as to produce a categorical response in a positive or negative sense and will be related to the subject of the consultation.
2. Only one question may be asked in the request for popular consultation. 

Article 484. 1. In addition to the requirements set forth in this Decree, the application from citizens shall contain the following:
I. Full name and address of the representative to receive notifications.
II. Annex containing the complete names (sic) of the citizens and their signature, the code and the identifier number of the voter's credential.

Article 488. 1. When the request for popular consultation comes from citizens, the following procedure shall be followed:
I. Once the petition has been received by the President of the Board of Directors, it shall be published in the Official State Newspaper and shall request the Institute to verify within a period of thirty calendar days that it has been subscribed to, at least, by a number equivalent to two percent of those registered in the nominal list of voters.
II. In the event that the Institute determines that it does not comply with the above requirement, the President of the Board of Directors shall inform whoever orders the publication of the report in the Official State Gazette, and the (sic) shall conclude the whole matter and definitely.
III. In the event that the Institute determines that it meets the minimum percentage required, the President of the Board of Directors shall publish the report in the Official State Gazette and send the petition to the Constitutional Court, together with the proposal for a question to resolve its constitutionality within a period of twenty calendar days.
IV. The Constitutional Court, having received the request of the President or the President of the Directive, shall:
a) Resolve on the constitutionality of the subject matter of popular consultation and review that the question derives directly from the subject matter of the consultation, is not biased or contains value judgments, uses neutral, simple and understandable language and produces a categorical response in a positive or negative sense.
b) Carry out, if necessary, the modifications leading to the question, in order to guarantee that it is congruent with the subject matter of the consultation and fulfills the criteria set forth in the previous paragraph.
c) Notify the State Congress of its resolution within twenty-four hours following the one that issues it.
V. If the resolution of the Constitutional Court is in the sense of recognizing the constitutionality of the matter, the question contained in the resolution may not be subject to subsequent modifications by the Legislature.
VI. In the event that the Constitutional Court declares the matter unconstitutional, the President or the President of the Board of Directors shall publish the resolution in the Official State Gazette and consider it concluded.
VII. Once the constitutionality has been declared by the Constitutional Court of Justice, Congress shall issue the summons, order its publication in the official newspaper and notify the Institute for the relevant purposes. 

Article 489. 1. The decisions of the Constitutional Court shall be final and unappealable.

Article 493. Upon completion of the corresponding verification, the General Council shall submit a detailed and disaggregated report to the Congress of State within the period indicated in this chapter on the result of the review that the citizens appear in the nominal list of voters of the Institute, which shall contain:
I. The total number of signatory citizens.
II. The number of signatory citizens on the nominal list of voters and their percentage.
III. The number of signatory citizens who are not on the nominal list of voters and their percentage.
IV. The number of citizens who have not been counted by virtue of having already signed a previous popular consultation.
V. The results of the sampling exercise.
VI. Citizens who have been removed from the nominal list for any of the cases provided for in the respective Law. 

Article 494. 1. The Institute is responsible for the exercise of the state function of organizing and developing popular consultation and carrying out the promotion of voting, in terms of this Decree. 

Article 495. 1. Once the Congress notifies the Summons to the Institute, the Executive Secretary shall make it known to the Council in the next session held. 

Article 502. For the casting of votes in popular consultation processes, the Institute shall print the ballots according to the model and content approved by the Council, and shall contain the following data:
I. Description of the issue of state transcendence.
II. The question contained in the summons approved by the Legislature. III. Tables for the "YES" and for the "NO", for the citizen's answer. District or municipality.
V. The printed signatures of the President of the Institute and the Executive Secretary.
2. There shall be only one ballot, regardless of the number of calls that have been approved by the Legislature.
3. Ballots shall be attached to a heel with a sheet of paper, the number of which shall be progressive, from which they shall be detachable. The information contained in this form shall be that relating to the State, the electoral district, the municipality and the popular consultation. 

References: CÓDIGO DE ELECCIONES Y PARTICIPACIÓN CIUDADANA DEL ESTADO DE CHIAPAS. (2017), (accessed 19 March 2019)

Subject Matter:

To decide on one or  more issues of State importance

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
2% of electorate
Available Time:
No time limit found in legal source
Turnout Quorum:
10% of electorate
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Article 473. 1. Restrictions on the human rights recognized by the Political Constitution of the United Mexican States and the local Constitution; the principles enshrined in article 40 of the Federal Constitution; the principles enshrined in the local Constitution; electoral matters; State revenue and expenditure; and state security may not be the subject of popular consultation.

Other Formal Requirements:

Constitutionality shall be qualified by the Superior Court of Justice of the State of Chiapas, through the Constitutional Court of Justice

Procedural Elements

Collection Mode:
Specify Collection Mode:

Article 477. 1. The format for obtaining signatures shall be determined by the State Congress, after consultation with the Institute of (sic) Elections and Citizen Participation, preserving that it complies with the following requirements:
I. The issue of State transcendence is raised.
II. The question proposal.
III. The folio number of each sheet.
IV. The name, signature, voter's code or the identifier number on the back of the voter's credential derived from the optical character recognition (OCR) of the credential to vote with a valid photograph.
V. The date of issue.
2. If the signatures are presented in a format different from that delivered by the Legislature, the proposal for popular consultation will not be admitted for processing.
3. The President of the corresponding Board of Directors shall give an account of the Notices that have not been formalized with the presentation of the request for popular consultation within the term established by this Book or that have not been delivered in the respective format, which shall be filed as matters definitively concluded.

Wording Of Ballot Question:

Yes/No-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.