Quintana Roo, Mexico, local Plebiscite [ATP] - Consulta Popular

General Typology

Instrument
Plebiscite [ATP]
Location
Quintana Roo, Mexico
Political level
local
Local Name:
Consulta Popular
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

FOURTH CHAPTER
OF THE POPULAR CONSULTATION
Article 20. Popular consultation is a mechanism aimed at recognizing the expression of citizenship through the approval or rejection of an issue of importance at the state, municipal or regional level. It is understood that there is transcendence in the proposed topic for a consultation when it has repercussions in the greater part of the state, municipal or regional territory, as the case may be, and that it impacts in a significant part of its population. 

Article 21. A popular consultation may be requested by:
IV. The majority of the members of the City Council in question, in the case of a municipal consultation,

Article 22. The popular consultation may be addressed to:
I. Citizens, at the state or municipal level, and
II. Civil society organizations whose activities relate to the subject matter of the consultation. 

Article 23. The request for popular consultation must meet the following requirements:
I. The purpose of the consultation and the arguments by which the issue is considered of transcendence at the state, municipal or regional level, and
II. The question proposed for consultation, which should be prepared without tendentious content or value judgements and formulated in such a way as to produce a categorical response in a positive or negative sense. Only one question may be asked in the request for popular consultation.

Article 25. The popular consultation shall be inappropriate when:
I. It deals with tax, fiscal or electoral matters; to regulate the organization of the powers of the State, municipalities or their entities, as well as autonomous public bodies;
II. The application has false data, the signatures of support are not authentic or the percentage is lower than that required by this Law;
III. That the consultation is not transcendent for the public life of the State, of one or several municipalities or a region, or
IV. The statement of the reasons for the request is frivolous, implausible, subjective or does not contain a direct cause-effect relationship of the reasons given.

Article 44. All requests shall be submitted in writing to the Institute and shall comply with the requirements established for each citizen participation mechanism. 

Article 45. The application, as well as the annexes, must be fully identified, indicating at the top of each page the reference to the subject of consultation.

Article 48. The General Council of the Institute within a period of no more than ten working days from the presentation of the application, shall render a report on the fulfillment of the requirements, the transcendence and the origin of the presented application. For the analysis of the significance, the General Council of the Institute may rely on the colleges and civil society organizations specialized in the matter in question.
In the event that the General Council of the Institute informs the inadmissibility of the request, it shall notify the parties and proceed to file it as a concluded matter, ordering the publication of the report on the Institute's website and social networks, as well as in the Official Newspaper of the State of Quintana Roo. If the report is in the sense of recognizing compliance with the legal requirements set forth in this law, the significance and origin of the request, the General Council of the Institute shall notify the parties and order the publication of the report on the website and social networks of the Institute, as well as in the Official Newspaper of the State of Quintana Roo. 

Article 49. The report of the General Council of the Institute shall be definitive and unassailable.

CHAPTER FOUR
THE ORGANISATION OF THE CONSULTATION
Article 58. When there is a referendum, plebiscite or popular consultation process, the head of the Executive Branch shall make the necessary budgetary transfers for its execution, to the Institute and shall promote the reforms corresponding to the Expenditure Budget of the State of Quintana Roo for the fiscal year in question. 

Article 59. The organization and development of the referendum, plebiscite and popular consultation shall be the responsibility of the General Council of the Institute, which, according to the needs and territorial scope of the consultation process, shall integrate the necessary district and municipal bodies. For the performance of its functions, it shall have the support and collaboration of the state and municipal authorities. It may also enter into agreements with federal authorities for the proper fulfillment of its purposes. 

Article 61. The General Council of the Institute shall be in charge:
I. Approve the ballot model;
II. Approve the formats and other necessary documentation, and
III. To approve the necessary guidelines or agreements to carry out the organization and development of the referendum, plebiscite or popular consultation. 

Article 67: Propaganda campaigns are considered to be the set of dissemination actions carried out by citizens to promote participation, seeking to obtain support in order to obtain approval or rejection in the referendum, plebiscite or popular consultation; they shall have no other limitations than respect for human rights and shall avoid violating the dignity of persons and institutions, and propaganda may be suspended if this provision is violated. 

Article 68. All printed propaganda that is used or disseminated during the consultation processes must contain the full identification of those who circulate it. 

Article 69. During the dissemination campaign, the Institute, through the Communication Unit, shall promote citizen participation. The promotion shall be impartial. In no way may it be aimed at influencing the preferences of citizens, for or against.

Article 91. The result of the plebiscite and the popular consultation shall be binding when thirty-five percent of the updated state or municipal nominal list participates and of these, half plus one of the opinions is expressed in one way or the other.

References: LEY DE PARTICIPACIÓN CIUDADANA DEL ESTADO DE QUINTANA ROO (Nueva Ley POE 23-03-2018 Decreto 160) (accessed Juli 11, 2019)

Subject Matter:

To decide on an issue of importance for the municipality

Actors

Author:
City Council
Initiator:
City Council
Decision maker:
Electorate

Requirements

Available Time:
No time limit found
Turnout Quorum:
35% of electorate participates
Approval Quorum:
50%+1 of the votes
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

If it deals with tax, fiscal or electoral matters; to regulate the organization of the powers of the State, municipalities or their entities, as well as autonomous public bodies.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

The question proposed for consultation should be prepared without tendentious content or value judgments and formulated in such a way as to produce 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.