Coahuila, Mexico, regional Veto-plebiscite [AVP] - Plebiscito

General Typology

Instrument
Veto-plebiscite [AVP]
Location
Coahuila, Mexico
Political level
regional
Local Name:
Plebiscito
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 2.- The sovereignty of the State resides essential and originates in the coahuilense people. The people exercise their sovereignty:
I. directly, by means of the popular suffrage, the plebiscite and the referendum to renew or, in case, combined to obligatory form to public powers of the state and of the municipalities, in terms mentioned in this Constitution and other applicable Laws;
(..)
The plebiscite is the popular consultation by which the coahuilenses electorate approves or rejects important decisions of the Executive of the State or of city councils in the terms that establish this Constitution and further applicable dispositions.
The referendum is the popular consultation by which means the coahuilenses citizens approve or reject an initiative of Law or decree or, where appropriate, a law or decree of superior meaning of the Legislative of the State, in the terms that are established by this Constitution and other applicable dispositions.

Article 27. (..)
5. The organisation of the elections, plebiscites and referendums, is a function of the state entrusted to an autonomous public organism designated Electoral Institute and of Citizen Participation of the State of Coahuila, endowed with juridical personality and of its own right, which participates in the Legislative Power, the Political parties and the citizens. The Institute will govern by the following norms and what is established by the law:
(..)
6. In order to guarantee the principles of constitutionality and legality of electoral acts and resolutions and those relating to plebiscites and referendums, the law shall establish a system of means of contestation of which the Electoral Tribunal of the State of Coahuila de Zaragoza shall be aware. In electoral matters, the challenged interposition shall not produce suspensive effects on the resolution or the act.
The Electoral Tribunal shall be a permanent, autonomous body and the highest electoral jurisdictional authority. It shall be composed of three Magistrates, who shall hold office for 7 years and whose appointment shall be made in accordance with the provisions of the Political Constitution of the United Mexican States and the relevant laws. The Electoral Tribunal shall be, with the exception of the provisions of sections I and II of article 158 of this Constitution, the highest jurisdictional authority in the matter and specialized organ of the Judicial Branch, in the terms established in article 136 of this Constitution and other applicable laws.

References: CONSTITUCIÓN POLTICA DEL ESTADO DE COAHUILA DE ZARAGOZA (2018) (accessed March 20, 2019)

ARTICLE 4. INSTRUMENTS OF CITIZEN AND/OR COMMUNITY PARTICIPATION. The instruments of citizen and/or community participation are:
I. The plebiscite.

SECOND TITLE
THE SUBJECTS OF CITIZEN AND COMMUNITY PARTICIPATION
ARTICLE 8. THE CITIZEN/ELECTOR/COAHUILENSE AS SUBJECT OF CITIZEN PARTICIPATION.
Coahuilian citizens may exercise their right by:
I. The instruments of citizen participation provided for in sections I to III of article 4 of this law, (..)

ARTICLE 10. THE LIMITS OF THE RIGHT TO PARTICIPATION AND CITIZEN AND COMMUNITY ORGANIZATION.
The rights of citizens and inhabitants of the state provided for in this law shall be exercised without disturbing or affecting the constitutional or legal order, public tranquillity or the right of third parties. In any case, citizen and community participation and organization shall be subject to the norms, values and principles of the humanist, social and democratic rule of law that emanates from the Political Constitution of the State and other applicable provisions.

ARTICLE 25. The State plebiscite may be requested by:
(..)
III. Fifty percent of the members of the State Congress.
IV. Half plus one of the State Councils. In this case, each City Council will be required to approve the application with half plus one of its members.

ARTICLE 27. THE REQUIREMENTS FOR THE APPLICATION OF THE PLEBISCITE.
Any request for the plebiscite which is presented to the Institute in the terms provided for in this law, shall meet the following requirements:
I. Submitted in written form.
II. Define the Government decision which is subject of the plebiscite.
III. Expose motives, reasons and grounds by which, the decision is considered a superior matter to the public life of the State or municipality concerned.
(..)
For all legal purposes, means that designated representative may perform all acts necessary to Transact the procedure.

ARTICLE 30. THE EFFECTS OF THE PLEBISCITE.
The results of the plebiscite shall be obligatory for the State Executive or for Town Councils, provided that one of the options obtains a majority of the vote validly cast and this corresponds to at least twenty percent (sic) of the citizens registered on the nominal list of voters of the state or municipality, as the case may be.
Otherwise, the plebiscite will only have the character of a recommendation.
In any case, the Institute must communicate the results of the plebiscite to the State Executive or to the corresponding Town Hall within three days of the date on which the consultation took place. Any omission, act or resolution of the Executive Power or of the Town Halls that violate the binding results of the plebiscite, may be challenged under the terms of the law of the matter.

THE PROCEDURE FOR THE PLEBISCITE AND REFERENDUM
ARTICLE 48.
PRINCIPLES OF THE PROCEDURE.
All procedures of plebiscite or referendum, are subject to the principles of constitutionality, legality, impartiality, objectivity, certainty and independence.
To reform, add or repeal the figures of the plebiscite, referendum and popular initiative, its procedures and any rule associated with them than is foreseen in this law, it will require the approval of two-thirds of the members of the Congress of the State. Otherwise, reforms, additions or waivers will be invalid.

ARTICLE 50. THE LIMITS OF PLEBISCITE AND REFERENDUM. Any plebiscite or referendum procedure shall be subject to the following limits and conditions:
I. In no case shall the procedure proceed ninety calendar days before the start of the local electoral process or ninety days after its completion, in accordance with the terms established by the law on the subject.
II. The procedures will be programmed to the extent that the real capacity of the Institute exists to organize them, according to their nature, complexity, terms and stages provided in this law; but in any case, may not exceed two procedures per year whether plebiscites or referendums.
III. Two or more consultations may not be carried out in a single procedure, unless the Institute authorizes the holding of plebiscites and/or referendums in a single procedure under the modalities it deems pertinent, according to their nature, complexity and procedural economy.
IV: If the requests are on the same subject or logically related, they may be combined in a single procedure.

References: LEY DE PARTICIPACION CIUDADANA PARA EL ESTADO DE COAHUILA DE ZARAGOZA, (2008) (accessed March 20, 2019)

Subject Matter:

To call a plebiscite to approve or reject important decisions of the Executive of the State

Actors

Author:
Executive power
Initiator:
50% of parliament or half plus one of State councils
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Plebiscite will be binding for the executive when one of the options get the majority of validly issued voting and when this corresponds not less than twenty percent of citizens registered on the nominal list of voters
Approval Quorum:
Plebiscite will be binding for the executive when one of the options get the majority of validly issued voting and when this corresponds not less than twenty percent of citizens registered on the nominal list of voters
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

ARTICLE 59. THE CAUSES OF INADMISSIBILITY OF THE PLEBISCITE. The causes of inadmissibility of the plebiscite are:
I. When the decision is not of superior meaning for public order or social interest of the State or the municipality.
II. When, in cases in which the application is made by citizens, signatures of support not be authentic, the undersigned citizens are not registered on the nominal list of voters or emptied the written data do not match the data recorded on the nominal list concerned.
III. when the object of the plebiscite has been accomplished because of the Act or decision has been executed by the competent authority and, therefore, things can not returned to what was previously.
IV. When the request fails to comply with the requirements for exercising the right of petition.
V. When the request fails to meet the requirements established by the present law.
VI. In the case of the following matters:
1. Financial, tax, tax, budget, income or similar.
2. Internal regulations of State or municipal public administration.
3. The acts which are compulsory under the terms of the applicable laws.
4. The appointments or dismissals of public servants of the Government of the State or the municipality.
VII. When in the year in which the application is submitted elections for renewal of popular posts by elections of the State or the municipality have to be conducted, in the case provided for in Article 50(I) of this Law.
VIII. in all other cases where the inadmissibility is by analogy or by applicable law.
In any case the declaration of inadmissibility might be appealed before the Electoral Court of the State.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:

ARTICLE 49. THE BASIS OF THE PROCEDURE. The plebiscite or referendum procedure shall be subject to the following bases:
I. The Institute shall be responsible for preparing, organizing, supervising, computing and declaring the effects of the plebiscite or referendum. In any case, the Institute shall be empowered to issue the agreements it deems necessary for the development of the procedure.
II. In organizing the plebiscite or referendum, the Institute shall take into account the following rules: According to the needs of the procedure, its nature and the territorial scope of application, it shall establish the structure for carrying out the plebiscite or referendum.
2. In any case, it will be able to establish the required instances, which will have the faculties and attributions conferred by the Institute itself.
3. The boards of directors will be integrated in accordance with the provisions of the Law of Political Institutions and Electoral Procedures for the State of Coahuila. Their officials will have for the effects of this law the same faculties and obligations that this juridical order confers them.
4. According to the particular needs of each plebiscite or referendum, the Institute shall decide the number and location of the boxes, and at least one box shall be established for each five sections contained in the territorial area where the procedure is to be applied, in the case of the urban area and one for the rural area.
III. The request for a plebiscite or referendum shall be submitted to the Institute. Within the following twenty days, the Institute shall decide the origin of the plebiscite or referendum, under the following rules:
1. It shall, without delay, make the application visible in a place in its office visible to the public, so that any citizen and/or state or municipal authority may manifest what it deems appropriate. In the case of state or municipal authorities whose acts or decisions are proposed to be submitted to plebiscite or referendum, the Institute must send them a copy of the request in question within three days of receiving it.
2. If the application is vague, obscure or incomplete, the Institute shall require the applicants to remedy the irregularity within three days. Once this has been done, the Institute will resolve the matter in accordance with the law.
3. If the request is declared admissible, the Institute shall initiate the plebiscite or referendum by means of a summons that must be issued at least thirty calendar days prior to the date of the consultation in question.
4. The summons shall be published in the Official Newspaper of the State Government and disseminated in the official media. For greater dissemination, the call may be published or disseminated in the main media or in the places of greatest affluence to the public.
IV. The Institute will implement an information campaign, under the following rules:
1. The purpose will be to make citizens aware of the arguments for and against the purpose of the consultation.
2. The campaign will be disseminated in the official media. Media, debates, forums or any other form of reliable, objective, transparent and illustrative communication may be used.
3. Any of the persons who request the plebiscite or referendum, or three thousand or more Coahuilian voters, may participate directly in the information campaign, in accordance with the following rules:
a) Submit to the Institute an application for campaign registration, to which they shall attach a list of their names, signatures and the codes of their voter's credential.
b) They will be registered as supporters for or against the object of the consultation, according to their position.
c) They will present the methodology, format, object and participants of their information campaign.
d) The Institute must guarantee the participation in the information campaign registered by the citizens.
V. The Institute shall determine the number of options and their variants that shall be consulted with the Coahuilian voters in the plebiscite or in the referendum, based on the request for the procedure in question, the opinion of the authorities or the public debate that is generated.
VI. The Institute may be assisted by state and/or municipal authorities, participation councils, institutions of higher education, research, bodies, associations or public, social or civil organizations. The State Executive and the City Councils shall provide the Institute with the necessary support and assistance to carry out the consultation.
VII. If, during the course of the procedure, there are well-founded data revealing that the consultation could generate public disorder or an atmosphere of intimidation for citizens, the Institute, after consultation with governmental and State Congress applicants, shall temporarily or definitively suspend the holding of the plebiscite or referendum until conditions exist for the consultation in question. For this purpose, the Institute shall issue a well-founded and reasoned report to the citizenry. The suspension may be challenged before the Electoral Tribunal under the terms established by the law on the matter.
VIII. The results of the plebiscite or referendum shall be published in the Official Newspaper of the State Government. For greater dissemination, the results may be published or disseminated in the media or in the places of greatest public affluence.

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.