Querétaro, Mexico, local Authorities' minority plebiscite [MTP] - Referéndum reglamentario

General Typology

Instrument
Authorities' minority plebiscite [MTP]
Location
Querétaro, Mexico
Political level
local
Local Name:
Referéndum reglamentario
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

Chapter Two
Of the referendum
Article 24. The referendum is an instrument of citizen participation that aims to conduct a process that evidences the approval or rejection of citizens to:
II. The creation, reform, repeal or abrogation of regulations issued by city councils that are transcendent for the public life of the municipality.

Article 25. The referendum may be:
I. Considering the matter:
a) Legislative, whose purpose is to approve or reject the creation, modification, reform, addition, repeal or abrogation of laws or decrees issued by the Legislature.
b) Municipal regulation, whose purpose is to approve or reject, the creation, modification, repeal or abrogation of municipal regulations issued by the City councils.
II. Taking into account its effectiveness:
a) Constitutive, which has the result of approving in its entirety the ordinance submitted for consultation.
b) Abrogation, the result of which is to reject the entire system submitted for consultation.
c) Repeal, which results in the rejection of only a part of the total order submitted for consultation.

Article 27. The requests of citizens to promote the referendum must be submitted in writing, which will contain:
I. Name of the common representative of the promoters and domicile to receive all kinds of notifications as well as their consent;
II. Indication of the norm or norms object of referendum;
III. Authority from which the referendum matter emanates;
IV. Statement of reasons why it is considered necessary to submit the rule or rules to a referendum;
V. Name, handwritten signature and voter's credential code and a copy on both sides of it of each of the promoting citizens; and
VI. The Electoral Institute of Querétaro, through its competent body, will verify the data of the voter credentials.

Article 29. The regulatory referendum may be requested by:
II. The aldermen, when requested by the third of the members of City Council;

Article 31. The referendum request made by any authority must be presented within fifteen working days following the publication of the norm or norms object of consultation, in the Official Newspaper of the State Government "La Sombra de Arteaga" or the municipal gazette, as the case may be.
If the request corresponds to citizens, the term will be thirty working days.

Article 32. The Electoral Institute of Queretaro, upon receiving a request for referendum process, will assign a consecutive registration number, which will indicate the order in which it has been submitted and the date of registration. 

Article 33. The Electoral Institute of Querétaro, through the General Council, shall resolve within a period of no more than ten working days following the receipt of the request for referendum, on compliance with the requirements referred to in this Law. If so, it shall notify the Legislature or the City Council, as the case may be, and the applicants; otherwise, it shall reject the application outright. 

Article 34. The Electoral Institute of Querétaro, with the vote of at least two thirds of its members with the right to vote, will determine whether the rule or rules proposed to submit to referendum are appropriate or not, and must substantiate and motivate the resolution issued as the case may be.
The Electoral Institute of Querétaro, after decreeing that the referendum request complies with the requirements established by this Law, shall notify the authority from which the respective act emanates, so that in a term of five working days it may manifest what is convenient to its right.
The Electoral Institute of Querétaro may be assisted in the preparation of its opinion by government bodies, higher education institutions, non-governmental organizations or citizenized bodies, related to the matter in question. 

Article 36. Each referendum process shall be preceded by a call that the Electoral Institute of Queretaro shall issue and disseminate, at least thirty working days prior to the date of the vote, must be published in the Official Newspaper of the State Government "The Shadow of Arteaga", the main newspapers of circulation of the Entity and in the electronic media deemed appropriate and shall contain:
I. Reference of the norm or norms proposed to be submitted to referendum;
II. Clear and succinct transcription of the reasons for or against;
III. the date on which the vote is to take place;
IV. Voting hours;
V. Requirements for participation;
VI. Place and date of issuance of the convocation; and
VII. Question or questions according to which the voters will express their approval or rejection.

Article 37. The result of a referendum shall have the following effects: I. Binding: when the result of the consultation obliges the authority to comply with it and provided that:
a) When it comes to the creation, reform, repeal or abrogation of laws or decrees issued by the Legislature, at least forty percent of the voters participate, according to the nominal list of voters of the State of Querétaro and of these, the majority of opinions are expressed in one way or the other.
b) In the case of the creation, reform, repeal or abrogation of the regulations issued by the city councils, at least forty percent of the voters shall participate, according to the nominal list of electors of the municipality and  most of the opinions are expressed in one direction or the other. II. Indicative: when the opinion expressed by citizens in a certain sense, not subject to the authority to its observance, in the absence of the minimum percentage established in the previous fraction.

References: Ley de Participación Ciudadana del Estado de Querétaro, 2012 (accessed March 11, 2019)

Subject Matter:

To decide on municipal regulation, whose purpose is to approve or reject, the creation, modification, repeal or abrogation of municipal regulations issued by the City councils.

Actors

Author:
City Council
Initiator:
1/3rd of the members of the city council
Decision maker:
Local electorate

Requirements

Available Time:
15 working days
Turnout Quorum:
40% of electorate participate
Approval Quorum:
Majority of votes
Geographical Quorum:
None found
Excluded Issues:

Article 26. Those rules that deal with the following matters may not be submitted to referendum:
I. Amendments, derogations or abrogations made to local laws that were issued by constitutional mandate, in order to bring the legal framework of the State into line with the Political Constitution of the United Mexican States;
II. Those of a tributary or fiscal nature;
III. The internal and organizational regime of the state public administration;
IV. Internal regulation of the Legislature;
V. Internal regulation of the judiciary; and
VI. Those determined by the Political Constitution of the State of Querétaro.

Other Formal Requirements:

Article 30. Grounds for the referendum to be inadmissible when:
I. The rule is not the object of a referendum;
II. The promotion carried out by citizens has false data, the signatures of support are not authentic or the percentage is lower than that required by this Law;
III. The norm or norms object of referendum have been modified and the modification is the object of the referendum;
IV. The rule object of the referendum does not exist;
V. The rule is not transcendent for the public life of the State or municipality.

Procedural Elements

Wording Of Ballot Question:

Article 36. Each referendum process shall be preceded by a call that the Electoral Institute of Queretaro shall issue and disseminate, at least thirty working days prior to the date of the vote, must be published in the Official Newspaper of the State Government "The Shadow of Arteaga", the main newspapers of circulation of the Entity and in the electronic media deemed appropriate and shall contain:
VII. Question or questions according to which the voters will express their approval or rejection.

Article 49. For the casting of votes in plebiscite or referendum processes, the electoral ballots shall be printed, according to the model approved by the Electoral Institute of Querétaro, and shall contain at least the following data:
I. Electoral district and municipality, in accordance with the nature of the vote and the territorial application of the process;
II: Detachable heel with folio;
III. The question to the citizen as to whether or not he is satisfied with the act submitted to plebiscite or, as the case may be, whether or not he approves the norm or norms that are submitted to referendum;
IV. Tables or circles for "YES" and for "NO";
V. Description of the act submitted to plebiscite or, as the case may be, of the norm or norms submitted to referendum; and
VI. Stamp and printed signatures of the President Councillor and the General Director of the Electoral Institute of Querétaro.
The vote referred to in this article shall be free, secret, direct, personal and non-transferable.

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.