Hidalgo, Mexico, regional Popular or citizens initiative [PCI] - Consluta Popular

General Typology

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

ARTICLE 5. The Popular Consultation is the mechanism of participation by which citizens exercise their right, through the vote cast, expressing their opinion on one or more issues of state importance. 

ARTICLE 6. It is understood that there is State importance in the topic proposed for a Popular Consultation, when it contains elements such as:
I. That have repercussions in the greater part of the state territory; and II. That have an impact on a significant part of the population.

ARTICLE 7. In order for citizens to be able to vote in the People's Consultations on issues of state importance, the procedure shall be as follows:
1. It shall be convened by the Congress of the State of Hidalgo, at the request of:
c) The citizens, in a number equivalent, at least, to two percent of those registered in the nominal list of voters of the State of Hidalgo. With the exception of the hypothesis foreseen in subsection c), the petition must be approved by the simple majority of the Members of Congress;
2. When the total participation corresponds, at least, to forty percent of the citizens registered in the nominal list of voters of the State of Hidalgo, the result shall be binding for the Executive and Legislative branches of the State and for the competent authorities;
3. The restriction of the human rights recognized by the Political Constitution of the United Mexican States, in the Political Constitution of the State of Hidalgo, the electoral matter, the income and expenditure of the State and public security may not be the object of Popular Consultation; the High Court of Justice of the State shall decide, prior to the summons made by the State Congress, on the origin of the matter of the Consultation;
4. The State Electoral Institute shall be directly responsible for the verification of the requirement established in paragraph 1(c), as well as the organization, development, calculation and declaration of results; and
5. The resolutions of the State Electoral Institute may be challenged under the terms of the provisions of the Electoral Code of the State of Hidalgo. 

ARTICLE 8. The Popular Consultation convened by the State Congress shall be held on the same day as federal or state election day.

Section One
Notice of Intent
ARTICLE 10. Citizens who wish to present a petition for Popular Consultation, for the next day of immediate consultation, must give Notice of Intent to the President of the Board of Directors of the State Congress through the format determined for such purpose. The President of the Board of Directors of the Congress shall issue, within a period of no more than ten working days, a certificate accrediting the presentation of the Notice of Intent, which shall be accompanied by the format for obtaining signatures and, with it, the beginning of the acts to collect the supporting signatures. The notice shall be published in the Official State Gazette. Failure to submit the Notice of Intent shall be cause for not admitting the request for Popular Consultation for processing. The forms, the Notice of Intent and the certificates issued shall only be valid for the Popular Consultation held on the election day in question.

Article 11. The format for obtaining signatures shall be determined by the State Congress, after consulting the State Electoral Institute, preserving that it complies with the requirements set forth in this Law and that it shall contain at least:
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 identifying number on the back of the voter's credential, derived from Optical Character Recognition (OCR), of the voting credential with a current photograph; and
V. The date of issue.
If the signatures are presented in a format different from that delivered by the State Congress, the proposal for Popular Consultation will not be admitted for processing. The President of the Board of Directors of the Congress shall give an account of the Notices of Intent that have not been formalized with the presentation of the request for Popular Consultation, within the term established in this Law or that have not been submitted in the corresponding format for obtaining signatures, which shall be filed as matters totally and definitively concluded.

Section Two
About the Presentation
(..)
In the case of citizens' petitions, the Summons shall be issued by the State Congress in respect of those that have gathered the support of citizens in a number equivalent to at least two percent of those registered on the nominal list of voters of the State of Hidalgo, in accordance with the Report issued by the State Electoral Institute and subject to a Declaration of origin and qualification of state significance by the State Superior Court of Justice.

ARTICLE 22. When the petition comes from citizens, the following procedure shall be followed:
I. Once the petition has been received by the President of the Board of Directors, he shall send it to the State Executive for publication, shall give an account of it and shall request the Institute, within thirty calendar days, to verify that it has been subscribed in a number equivalent to at least two percent of those inscribed on the Nominal List of voters in the State of Hidalgo;
II. In the event that the State Electoral Institute determines that it does not comply with the requirement established in the preceding paragraph, the President of the Board of Directors of the Congress shall send the resolution to the State Executive, for publication in the Official State Gazette, shall account and proceed to its filing as a matter of total and final conclusion;
III. In the event that the State Electoral Institute determines that the requirement established in section I is complied with, the President of the Board of Directors shall send the report to the State Executive for publication in the Official State Newspaper and shall send the petition to the State Superior Court of Justice, together with the petitioners' question proposal, so that it may decide on its origin within a period of twenty calendar days;
IV. Upon receipt of the request from the President of the Board of Directors to verify the merits of the petition for Popular Consultation, the Superior Court of Justice shall:
a) Resolve on the origin of the matter of the Popular Consultation and review that the question derives directly from the 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, as appropriate, the modifications leading to the question in order to guarantee that it is congruent with the subject matter of the Consultation and complies with the criteria set forth in the previous paragraph.
c) Notify the State Congress of its resolution within twenty-four hours of its issuance.
V. If the resolution of the Superior Court of Justice of the State, is in the sense of recognizing the origin of the matter, the question contained in the resolution may not be subject to subsequent amendments by Congress;
VI. In the event that the State Superior Court of Justice declares the matter of the Popular Consultation to be inadmissible, the President of the Board of Directors of the Congress shall send the resolution to the State Executive for publication in the Official State Newspaper, and shall report and proceed to file it as a fully and definitively concluded matter; and
VII. Once the State Superior Court of Justice has declared the case to be admissible, the State Congress shall issue the Summons, notify it to the State Electoral Institute, for the relevant purposes, and send it to the State Executive for publication in the Official State Newspaper. 

Article 23. The resolutions of the High Court of Justice of the State shall be final and unassailable.

Section Three
Dissemination of the Consultation
Article 34. During the dissemination campaign, the State Electoral Institute shall promote the participation of citizens in the Popular Consultation through the radio and television times that correspond to the electoral authority. The promotion shall be impartial. In no way may it be aimed at influencing citizens' preferences for or against the Popular Consultation. 

Chapter IV
Of The Binding Effect and Follow-Up
Article 58. When the report of the State Electoral Institute indicates that the total participation in the Popular Consultation corresponds to at least forty percent of the citizens registered on the nominal list of voters of the State of Hidalgo, the result shall be binding on the Executive and Legislative branches, as well as on the competent authorities, and shall be made known to the State Superior Court of Justice, which shall notify the corresponding authorities, so that within the scope of its competence, they may carry out what is appropriate for its attention. When the result of the Consultation is binding, it shall have effect for the following three years, counted from the declaration of validity.

References: LEY DE PARTICIPACIÓN CIUDADANA PARA EL ESTADO DE HIDALGO, (2015) (accessed March 22, 2019)

Subject Matter:

To demand a referendum expressing the opinion 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:
40% of electorate
Approval Quorum:
No special approval quorum found in legal source
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

- Human rights recognized by the Political Constitution of the United Mexican States, in the Political Constitution of the State of Hidalgo,
- Electoral matter,
- Income and expenditure of the State and
- Public security
may not be the object of Popular Consultation

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

The format for obtaining signatures shall be determined by the State Congress (See Article 11)

Wording Of Ballot Question:

Question is not biased or contains value judgments; that it uses neutral, simple, understandable language and that produces a categorical response, in a positive or negative sense. 

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.