Mexico, national Popular or citizens initiative [PCI] - Las consultas populares

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Mexico
Political level
national
Local Name:
Las consultas populares
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 35. Rights of citizens: (..)
VIII. To vote in the referendum about national importance topics, which will be subject to the following:
1. They will be called by the Congress of the Union and requested by:
a) The President of the Republic;
b) The equivalent to thirty three percent of the members of any of the Chambers of the Congress of the
Union; or
c) The citizens, in an equivalent number, at least, to two percent of those subscribed in the voters registration list, under the terms set by the law.
With the exception of the hypothesis mentioned in item c) above, the petition should be approved by the majority of each Chamber of the Congress of the Union.
2. When the total participation corresponds, at least, to forty percent of the citizens subscribed in the voters registration list, the result will be binding for the Federal Executive and Legislative powers and for the competent authorities;

References: Constitution of Mexico, 1917, last amended 2012

Article 4. The referendum is the participation mechanism by which citizens exercise their right through the vote cast, by which express their opinion with respect to one or more topics of national importance.

Citizens residing abroad may exercise their right to vote in the popular consultation only when the consultation coincides with the election of President of the Mexican United States, applying where relevant provisions of the Federal Code on institutions and electoral procedures.

Article 5. The popular consultation will be about topics of national importance.

The national significance of the issues that are proposed for a popular consultation will be qualified by a majority of legislators present in each Chamber, with the exception of the consultation proposed by citizens, in which case the Supreme Court of Justice of the nation will solve it.

The result of it is binding for the Federal Executive and legislative branches as well as the competent authorities, when total participation corresponds to at least forty percent of citizens registered on the nominal list of voters.

Article 6. National significance on the theme proposed for referendum is assumed when it contains elements such as:

I an impact on the greater part of the national territory, and

II. an impact on a significant part of the population.

Article 12. The following may request a popular consultation

III. citizens in equal numbers, at least, to two per cent of those enrolled in the nominal list of voters.

Citizens can support more than one referendum, but the processing of queries that are backed by the same citizens would not proceed until they exceed twenty percent of the signatures of support. In this case only the first application will proceed.

Failure to comply with the prohibition referred to in the preceding paragraph shall be resolved in accordance with the rules provided for in article 34, section IV of this Act.

Article 7. Voting in the popular consultation is a right and an obligation of citizens to participate in decision-making on issues of national importance.

Article 13. The request for a popular consultation may be submitted to the Chambers of the Congress accordingly, in terms of this law, from September of the second year of exercise of each legislature and until 15 September of the year ahead of the federal election day.

Article 14. Citizens wishing to file a petition for a popular consultation for the following immediate consultation day, shall give notice of intention to the President of the Board of the Chamber concerned through the format to be determined that the effect camera.

The President of the corresponding Directing Board of the Chamber will issue within a period not exceeding 10 working days, a record attesting to the filing of the notice of intent, which will be accompanied by format for obtaining signatures and thus the beginning of acts to collect the signatures of support. The records of notice will be published in the Parliamentary Gazette.

The lack of presentation of the notice of intent, will be cause of the failing of support of the popular consultation request.

Formats, the notice of intention and the issued certificates, only shall remain in force for the referendum carried out in the following immediate consultation day.

Article 16. (..)

In the case of requests from citizens, the call will be issued with respect to those who have gathered support of citizen in equal numbers, at least two per cent of those enrolled in the nominal list of voters, according to the report issued by the Institute and prior declaration of constitutionality and qualification of national transcendence in charge of the Supreme Court.

Article 20. The request coming from citizens will be presented to the President of the Directing Board of any of the Chambers, pursuant to the second section of this chapter.

Article 21. Any request for referendum shall be in a letter that will, at least, containing the following elements:

I. full name and signature of the applicant or applicants;

II. the purpose of the inquiry and the arguments by which the subject is considered of national importance, and

III. the question proposed for consultation should be made without biased content or value judgements and formulated in such a way to produce a categorical response either positive or negative; and it must be related to the subject of the inquiry.

Only one question on the request of a popular consultation can be asked .

Article 23. The request coming from the citizens, in addition to the requirements laid down in article 21 of this law, shall be supplemented by:

I. full name and address of the representative to receive notifications, and

II. annex containing the distinguished names of the citizens and its signature, in addition to the key voter ID number on the back of voter derived from the OCR (OCR) of the credential to vote with valid photo.

Article 24. All documentation, as well as the annexes, shall be fully identified, noting the reference to the issue of national significance that is intended to be submitted to popular consultation at the top of each sheet.

Article 64. When the Institute's report indicates that the total participation in the popular consultation corresponds, at least to forty percent of citizens registered on the nominal list of voters, the result will be binding for the Federal Executive and Legislative, as well as to the competent authorities, and will be of the knowledge of the Supreme Court, which will notify the appropriate authorities to bring within the purview of its relation to attention.

Where the result of the query is binding it will have effects for the next three years, counting from the declaration of validity.

References: LEY FEDERAL DE CONSULTA POPULAR, 2014

Subject Matter:

To call a referendum on issues of national importance

Actors

Author:
Citicens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
2% of electorate
Available Time:
See Art. 13 of the law
Turnout Quorum:
Art.35 VIII 2. When the total participation corresponds, at least forty percent of the citizens subscribed in the voters registration list, the result will be binding for the Federal Executive and Legislative powers and for the competent authorities;
Approval Quorum:
Legal source does not mention special approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Article 35. Rights of citizens: (..)
VIII (..)
3. The restriction of the human rights considered in this Constitution, the principles of article 40 therein; the electoral matter; State income and expenses; national security and the organization, operation and discipline of the permanent army, may not be subject to popular consultation; The Supreme Court of Justice of the Nation will resolve, previous to the call by the Congress of the Union, about the constitutionality on the consultation matter;

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Article 15. The Chambers of the Congress of the Union will determine the format for obtaining signatures after consultation with the [Electoral] Institute, preserving that it complies with the requirements which designates this law and shall contain at least:

I. the raised issue of national significance;

II. the proposal in question;

III. the number of each sheet sheet;

IV. the name, signature, key voter or the ID number on the back of voter ID derived from the OCR of the credential to vote with photo, and

V. The date of issue.

If the signatures will be presented in a different format to the one supplied by the Cameras, the consultation proposal will not be admitted to proceed.

Wording Of Ballot Question:
Article 43. For casting the vote in the popular consultation process the Institute printed ballots in accordance with the model and contents adopted by the General Council, and must contain the following details:

I. brief description of the topic of national significance;

II. the question contained in the call passed by Congress;

III. columns for 'Yes' and 'NO', placed symmetrically and size appropriate to facilitate their identification by the citizen at the time of their vote;

IV. institution, district, municipality or delegation, and

V. the printed signatures of the President of the General Council and the Executive Secretary of the Institute.

There will be a single ballot, regardless of the number of calls that have been approved by Congress.

Interaction With Authorities:
Article 33. The Institute, through the Executive Direction of the Federal Register of voters within the time limit referred to in the preceding article, shall verify in the nominal lists of electors the names of those who have signed the popular consultation and that the sum corresponds in equal numbers, at least, to two per cent of the nominal list of voters.

Once the percentage requirement referred to in the preceding paragraph is reached, the Executive Direction of the Federal Register of Voters must exercise a sample to verify the authenticity of the signatures according to the criteria defined in this regard by the respective Executive Direction.

The signatures are not counted for the purposes of the required percentage when:

I submitted incomplete, false or erroneous data names;

II. the accompanying key voter ID number on the back of voter derived from the OCR (OCR) of the credential to vote with valid photo is not provided;

III. a citizen has signed two or more times the same popular consultation; in this case, only one of the signatures is recognized;

IV. signatures that apply to citizens who have already supported another referendum in the same process, exceed twenty percent of the total number of signatures required, pursuant to the provisions of article 12 of this law. In this case, the first firm that has been received at the Institute, will only be posted and

V. citizens have been decommissioned from the nominal list by any of the cases referred to in the code.

Supervision And Support:
Article 40. During the campaign, the Institute will promote the participation of citizens in the popular consultation through radio and television time which corresponds to the election authority.

The promotion must be impartial. In no way it may be directed to influence the preferences of citizenship, for or against the popular consultation.

Article 41. The Institute will promote the informed dissemination and discussion of the consultations that have been convened by the Congress of the Union through radio and television time that correspond to the Institute.

When in the opinion of the Institute the total time in radio and television referred to in the previous paragraph is insufficient, it will determine where relevant to cover the missing time.

Any other person or entity, on their own title or for third parties, can hire propaganda on radio and television to influence the opinion of citizens on the popular consultation. The Institute shall order the cancellation of any propaganda and will start the process of sanction which corresponds.

Article 42. During the three calendar days before the day of consultation and to the official closing of the ballot boxes that are in the areas of most western zones of the national territory, the publication or dissemination of survey is prohibited, total or partial, that aims to introduce people's preferences or any other Act of broadcasting.

References: LEY FEDERAL DE CONSULTA POPULAR, 2014

Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation.