Lombardy, Italy, regional Plebiscite [ATP]

General Typology

Instrument
Plebiscite [ATP]
Location
Lombardy, Italy
Political level
regional
Local Name:
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Art. 52
(Consultative referendum)
1. The Regional Council, by a two-thirds majority of its members, may decide to hold consultative referenda on matters of regional interest, or on measures of interest to specific populations.
2. The regional law shall determine how the consultative referendum is to be implemented.

References: Statuto d'autonomia della Lombardia, 2008 (accessed April 27, 2020)

Title III
Consultative Referendums Art. 25.
1. The Regional Council, before issuing measures falling within its competence, may decide to hold referendums in consultation with the populations concerned by the measures in accordance with Article 52 of the Lombardy Statute of Autonomy(9).
2. The decision of the Regional Council determining the holding of the consultative referendum shall specify the question to be put to the voters and the territorial scope within which the referendum is to be held.
3. The Regional Law on Municipal Wards shall lay down the rules governing the consultative referendum provided for in Article 65(2) of the Statute.(10)3a.
4.
5. The President of the Regional Government, by his own decree, calls the consultative referendum, following the transmission of the Council deliberation, referred to in the previous paragraphs, by the Presidency of the Regional Council.
6. The date of the consultative referendum is set by the President of the Regional government, once a year, on a Sunday between April and June or between September and November. The President of the Regional Government shall call the referendum by decree to be issued no later than the sixtieth day prior to the day of the vote, after hearing the Prefect of Milan, as the representative of the State for relations with the system of local autonomies pursuant to article 10 of Law no. 131 of 5 June 2003 (Provisions for the adaptation of the Republic's legal system to constitutional law no. 3 of 18 October 2001), and the Presidents of the Courts of Appeal territorially concerned. Voting operations must be carried out within the term, established by State legislation, of the regional elective bodies of the current legislature on the date of approval of the Board resolution determining the holding of the consultative referendum and in any case by 31 December of the calendar year prior to the end of the regional legislature, pursuant to Article 10, paragraph 1. In the event of a consultative referendum submitted to the voters of the entire Region, the President of the Regional Government may identify, for reasons of economy and to encourage maximum participation, where permitted and without prejudice to the deadline of 31 December referred to in Article 10, paragraph 1, the date on which the referendum is to be held in conjunction with other electoral consultations, possibly involving large portions of the electorate; to this end, the President of the Regional Government shall promote the stipulation of a specific agreement with the Minister of the Interior. In the case referred to in the previous period, the date of the referendum may also be set outside the periods indicated in the first sentence of this paragraph. This paragraph does not apply to the consultative referendums referred to in Article 9 and Article 9 bis of Regional Law 29/2006.
6a. The regional office responsible for elections may establish, also by electronic communication, directly by the mayors the manner of printing and the printing of posters with the decree of calling of the referendum and how electronic voting may be used.

Art. 26.
1. The voters registered on the lists valid for the elections to the Regional Council shall participate in the consultative referendum.
2. The rules contained in Title I of this Act, with the exception of Article 10(2) and (3)(16), shall apply to the holding of the consultative referendum, mutatis mutandis.
3. The ballot papers for the consultative referendums, of consistent paper, of a unique type and identical colour for each consultation, shall be provided by the regional government. They shall contain the questions to be submitted for popular consultation and shall contain the full text of the measure or bill submitted for referendum.
4. The voter votes by drawing a sign with a pencil on the answer he or she has chosen or, in any case, on the space in which it is contained.

Art. 26a
1. The consultative referendum may also be conducted by means of electronic systems and automatic procedures designed to speed up and simplify voting and polling operations. The systems and procedures adopted shall, in addition to ensuring greater efficiency, cost-effectiveness and transparency in electoral consultations, ensure full respect for the constitutional principles of the personality, equality, freedom and secrecy in the exercise of the right to vote. The system identified must be clear and comprehensible so that it can be used by all voters.
2. By decree of the President of the Regional Government, issued also at the same time as the decree of call referred to in article 25, paragraph 5, it is established whether the electronic voting methods governed by this article are used for the consultative referendum deliberated by the Regional Council. This decree may also provide for the partial use of such methods for municipalities or homogeneous areas provided that the principles set forth in paragraph 1 are respected. The electronic voting methods may be used subject to the approval of the regional regulations referred to in paragraph 7.
3. For the purposes referred to in paragraph 1, an integrated voting system is adopted, including all the software and hardware devices and the relative configuration and installation procedures that make it possible to automate voting, as well as data processing in order to proclaim the results.
4. For the purposes of defining and preparing the hardware and software devices referred to in paragraph 3, as well as determining the concrete procedures for the execution of electoral operations, concerning both the actual conduct and the proclamation and verification of the result, the Region shall promote collaboration with other public administrations, in particular with the Ministry of the Interior, through the stipulation of specific agreements or understandings.
5. For the conduct of the consultative referendum by means of electronic voting, in each electoral plexus there shall be at least one electronic voting machine placed in such a way as to guarantee the requirements of secrecy and personality of the vote. The procedures and IT tools used shall ensure the recording and counting of votes and the protection of the data entered, making it impossible to identify the sequence in which votes are cast. In order to allow greater verification of the regularity of the vote cast, before voting begins, the sections in which, in addition to the electronic vote, the printing of the same must also be included, shall be drawn in accordance with the regulations referred to in paragraph 7. These sections must correspond to at least 5 per cent of the voters entitled to vote. In the sections drawn lots, the electronic voting machine shall be equipped with a mechanism for printing out electronically cast votes on paper and an urn in which the paper ballot papers shall be deposited automatically at the conclusion of each individual voting operation.
6. The electronic voting machine shall reproduce the box containing the chosen answer in accordance with the characteristics referred to in Article 26(3). The voter shall be allowed to:
(a) display the voting options expressed, including the "blank ballot" option, in order to verify that his or her intentions correspond to the vote actually cast;
b) repeat, for one time only, the entire operation if there are any discrepancies with the voting intentions.
7. The Regional Government shall define, on the basis of the cooperation and agreements stipulated with the bodies and administrations referred to in paragraph 4, by means of specific regional regulations:
a) the technical standards useful for the proper functioning and to prevent any counterfeiting or manipulation of the voting system, with which the electronic voting machines and any other hardware and software components of the voting system must comply;
(b) instructions concerning the installation of the voting system in the individual electoral sections, the operations relating to the counting of the result of the vote, the verification of the result of the vote, including by means of paper printouts and sample checks, and any other activity useful to ensure compliance with the requirements of paragraph 1 and to ascertain the regularity, the verification of the voting operations and the result thereof, as well as the correspondence between the number of voters resulting from the section election lists and the actual number of voters;
(ba ) the procedure and arrangements for drawing lots as referred to in paragraph 5;
(c) the appropriate means of ensuring the expression of electronic voting at home for voters who are vitally dependent on electromedical equipment or for voters in places of care and detention;
d) the procedures for training the members of the sections in which voting is conducted electronically; e) the procedures for access to the section office for the referendum of the IT technicians identified by the Region;
ea) without prejudice to the provisions of the second sentence of paragraph 8, the procedures for transmitting the results of votes;(20)
(f) the way in which the documents and minutes produced and the electronic records are stored;
(g) any further measures to ensure the clarity and comprehensibility of the voting system and to ensure the purposes referred to in paragraph 1.
8. The rules contained in Titles I and III of this Act shall be complied with as applicable for the conduct of the consultative referendum. In any case, the results of the vote shall be transmitted by computer or telematic means, without prejudice to the obligation to keep the minutes in hard copy at the competent offices respectively. The President of the Region shall promote, with the competent bodies of the State and the other public administrations concerned, the forms of collaboration considered most suitable for the best application of this article.

References: Nuove norme sul referendum abrogativo della regione Lombardia, 1983 (accessed April 27, 2020)

Subject Matter:

To to hold a consultative referendum on matters of regional interest, or on measures of interest to specific populations.

Actors

Author:
Parliament
Initiator:
2/3rd majority of Parliament
Decision maker:
Regional electorate

Requirements

Available Time:
Turnout Quorum:
No rule found in source
Approval Quorum:
No rule found in source
Geographical Quorum:
No rul found in source
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.