City of Salzburg, Austria, local Obligatory referendum [LOR] - Bürgerabstimmung

General Typology

Instrument
Obligatory referendum [LOR]
Location
Salzburg, Austria
Political level
local
Local Name:
Bürgerabstimmung
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

IIIa. Section

Citizens' referendum and consultation

Citizen's referendum

§ 53a

(1) (..) Resolutions of the municipal council on a substantial change of the decided protection of the cityscapes that characterise the cityscape, in particular on the exclusion of areas from the area covered by it without a largely equivalent substitute area, shall in any case be subject to a citizens' vote.

(2) Until the final result of the citizens' vote has been obtained, the decision of the municipal council subject to the citizens' vote shall not take effect.

(3) Those persons who would be entitled to vote in a municipal election held on the day of the vote shall be entitled to vote.

Conduct of the citizens' referendum

§ 53b

(1) The citizens' vote shall be announced by the mayor in the Official Gazette of the State Capital. The call shall contain the date of the vote and the deadline. The voting day can only be a Sunday or any other public day of rest; it must be within three months of the deadline. The deadline is the day on which the municipal council has decided to hold a citizens' vote. In accordance with the technical possibilities, the invitation to tender shall also be made available on the Internet.

(4) Unless otherwise provided in this Act, the statutory provisions applicable to the election of the municipal council shall apply mutatis mutandis to the conduct of the citizens' vote. An objection procedure does not have to take place.

Effect

§ 53c

(1) If the unconditional majority of the valid votes cast is "No", the resolution put to the vote may no longer be carried out.

(2) The result of the citizens' vote shall be published by the Main Election Authority in the Official Gazette of the City of Salzburg. The content of the announcement shall also be made available on the Internet for a period of three months in accordance with technical possibilities.

References: Salzburger Stadtrecht 1966, (accessed Oct. 8, 2018)

Subject Matter:

To decide on resolutions of the city council on a substantial change of the decided protection of the cityscapes that characterise the cityscape, in particular on the exclusion of areas from the area covered by it without a largely equivalent substitute area

Actors

Author:
City Council
Initiator:
Law
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source.
Approval Quorum:
Absoulute majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Legal design on a single issue

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

(2) Voting shall take place by means of an official ballot paper, which shall be referred to as the "official ballot paper for the citizens' vote" and shall contain the date of the vote. The official ballot paper shall bear the full text of the decision taken. In addition, the official ballot paper shall contain the word "yes" at the bottom left and a circle next to it, the word "no" at the bottom right in the same publication and a circle of the same size next to it.

(3) The size of the official ballot paper shall depend on the length of the motion for a resolution. The size shall be approximately 14,5 to 15,5 cm in width and 20 to 22 cm in length or, if necessary, a multiple thereof.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!