City of Salzburg, Austria, local Plebiscite [ATP]

General Typology

Instrument
Plebiscite [ATP]
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) Decisions of the municipal council, if it decides to do so, can be made the subject of a citizens' vote. The same rules shall apply to such a decision like the decision-making requirements for those on which the vote is taken. (..) Decisions on levies, fees and tariffs, elections of the organs of the city, personnel matters, notices and ordinances may not be the subject of 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 a decision of the city council 

Actors

Author:
City Council
Initiator:
City Council
Decision maker:
Electorate

Requirements

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

Decisions on levies, fees and tariffs, elections of the organs of the city, personnel matters, notices and ordinances may not be the subject of a citizens' vote.

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!