Linz, Austria, local Plebiscite [ATP] - Volksabstimmung
- Plebiscite [ATP]
- Linz, Austria
- Political level
- Local Name:
- Normative Level:
- Legally Binding:
- Legally Defined:
(1) The Municipal Council may decide that a motion passed by the Municipal Council shall be submitted to a referendum.
(2) The appointment of the organs of the city, personnel matters, taxes, fees (tariffs), the establishment of the budget, the closing of accounts, the granting of honorary citizenship, ordinances as well as official decisions and decrees may not be the subject of a referendum.
(3) The application for a referendum must be signed by at least ten members of the municipal council. It shall be submitted at the latest at the meeting of the municipal council whose agenda includes the passing of a resolution on the motion to be submitted to a referendum in accordance with subsection 1.
(4) In the decision to hold a referendum, the municipal council shall fix the date of the referendum. Only a Sunday or a public holiday may be fixed for this purpose.
(6) The day of the referendum shall be announced by the mayor at the same time as the question to be answered. The person entitled to vote is the person who fulfils the prerequisites for the exercise of the right to vote for the municipal council within the meaning of § 17 of the Upper Austrian Local Election Code; the deadline is the day on which the municipal council takes the decision which is to be subjected to a referendum. The voters are to be entered in voting lists using the voter evidence in the sense of the Voter Evidence Act 1973, Federal Law Gazette No. 601, last amended by the Federal Law Gazette No. 117/1996, and the European Voter Evidence in the sense of the European Voter Evidence Act, Federal Law Gazette No. 118/1996; the computer production of the voting lists is permissible. The voting lists shall be made available for public inspection in a generally accessible office on the 21st day after the day of publication for a period of five days during office hours. In all other respects, the provisions of the O.ö. Local Election Ordinance on the Registration of Eligible Persons shall apply mutatis mutandis. (Note: LGBl. No. 82/1996, 41/2015)
(8) The referendum shall be held by the municipal and district electoral authorities, which shall be appointed by O.ö. Local Election Ordinance for the Election of the Municipal Council. Otherwise the regulations of the O.ö. Municipal Election Ordinance apply mutatis mutandis to electoral cards, place and time of election, electoral procedure and special facilitations for the exercise of the right to vote for the voting procedure. 26, § 27 and § 28 para. 1 Upper Austrian BBRG shall apply mutatis mutandis to the investigation procedure. (Note: LGBl. No. 82/1996, 34/2014, 41/2015)
(9) Within five days of the announcement of the result of the referendum, objections may be raised in writing on the grounds that the determination of the result was incorrect. The objection shall be valid if it is signed by at least one per cent of those entitled to vote and contains a statement of reasons. The municipal electoral authority shall review the result of the referendum on the basis of a valid objection within five days of its receipt. If this examination reveals the incorrectness of the investigation carried out, the municipal electoral authority shall correct the result of the investigation and announce the corrected result in accordance with para. 15 first sentence. (Note: LGBl. No. 82/1996)
(10) A request for a referendum to be ordered, which is admissible, shall result in the mayor having to suspend the execution of the decision of the municipal council to which he refers.
(11) If the request for a referendum is rejected pursuant to § 18, Sub-Clause 2, the mayor shall execute the resolution of the municipal council to which the referendum should refer in accordance with § 22.
(12) If more than half of the valid votes cast are "no", the resolution of the municipal council which was subjected to the referendum shall be deemed to have been repealed.
(13) If half of the valid votes cast are "yes" or more, the mayor shall carry out the decision of the municipal council subject to the referendum in accordance with § 22.
(14) If less than one quarter of those entitled to vote took part in the referendum, the provisions of subsections 12 and 13 shall not apply; the mayor shall execute the decision of the municipal council subjected to the referendum in accordance with § 22.
(15) The result of the referendum shall be announced by the mayor. In the case of para. 14, the announcement shall include a reference to the fact that the result of the referendum has no binding effect.
References: Statut für die Landeshauptstadt Linz 1992, (accessed Oct. 8, 2018)
- Subject Matter:
To decide on a motion passed by the Municipal Council
- Min. 10 members of the City Council
- City Council
- Decision maker:
- Available Time:
- Turnout Quorum:
- In minimum one quarter of those entitled to vote take part
- Approval Quorum:
- Majority of votes cast
- Geographical Quorum:
- No geographical quorum found on legal source
- Excluded Issues:
The appointment of the organs of the city, personnel matters, taxes, fees (tariffs), the establishment of the budget, the closing of accounts, the granting of honorary citizenship, ordinances as well as official decisions and decrees may not be the subject of a referendum.
- Other Formal Requirements:
- Wording Of Ballot Question:
(5) The subject of the referendum must be formulated by the municipal council in the form of a question in such a way that the answer can only be "yes" or "no".
- Interaction With Authorities:
- Supervision And Support:
- Transparency And Finance:
The English version here is a courtesy translation!