San Marino, national Popular or citizen-initiated referendum [PCR] - Invalidating referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
San Marino
Political level
national
Local Name:
Invalidating referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 24
(Legislative initiative and providing for the approval of the Act)
The legislative initiative may be exercised by the State Congress, by any Councillor, by the Castle Councils in accordance with Law no. 22 of 24 February 1994 and in the other ways provided for by law.


Legge 11 marzo 1981, n. 21 (accessed August 13, 2018) RIFORMA DEL REGOLAMENTO DEL CONSIGLIO GRANDE E GENERALE


Titel I
II. Referendum
Article 2
Types of Referendum
It is called the invalidating referendum if it wants to repeal, in whole or in part, laws, acts, rules also customary, though having the force of law.
The Referendum proactive or address takes place when the electorate is called to determine the principles and criteria which need to comply with the law governing the subject matter of a referendum to be submitted for approval by the Great and General Council.
If the entry into force of a law is subject to popular consensus, it gives rise to the confirmative referendum.


Article 3
The eligibility of citizens' initiative referendum
The invalidating referendum, provided that, upon request, a number of voters representing at least 1, 5% (unovirgolacinquepercento) of the electorate as a result of the last and final annual revision of electoral rolls made in accordance with Articles 4 and 5 of December 23, 1958 Act 36, or provided that they make a request at least five Township Councils, is admitted:
a) provided that it does not relate to the removal of organs, bodies and fundamental powers of the State of Art. 3 of Law No 8 July 1974 59 and the fundamental principles and rights of San Marino. the invalidating referendum is ruled out as well on laws or acts having the force of law with specific content relating to taxes and duties, budget, amnesty and pardon, and ratification of international conventions and treaties;
b) if the referendum request contains the exact, clear and unambiguous wording of the proposal to be submitted to popular vote in order to allow a full, conscious and free exercise of sovereignty.


Article 4
Electorate and the number of votes are participating in the invalidating referendum, the citizens registered to vote.
The proposal submitted for a invalidating referendum is approved if it obtains a majority of valid votes cast and not less than 32% (trentaduepercento) of the votes of registered voters on the electoral roll.
The valid votes are for or against the proposed referendum.


Article 5
Conditions of admissibility of the invalidating referendum, popular initiative
The invalidating referendum, the popular initiative, under penalty of inadmissibility, must be arranged with written request submitted to the Regency at least three voters, filed with the Office Institutional Secretary of the Department of Institutional Affairs who shall issue a certified copy with affixing a stamp indicating the deposit and the date, is written entirely appropriate minutes.
An application written on stamped paper, still on pain of inadmissibility, must contain the complete the signatories, the signature of the same duly certified by a notary or by the officer of Marital status or the Clerk of the Court and details of the electoral registration.
It 'also provided for the admissibility of filing an explanatory memorandum accompanying the application referendum.
Since the filing of the presenters are recognized as citizens in all respects of law in the Organizing Committee: the application must also be shown as one of the presenters the same is the legal representative of the Committee also to any communications and notifications.


Article 8
Collection of signatures
Excluding the possibility of invalidating referendum, promoted by the Township Councils, the day of filing of the application of Article 5, shall commence a period of 90 days to collect signatures, duly certified, the percentage of voters required by the first paragraph Article 2, necessary for the conduct of the referendum.
To this end, the Organizing Committee of the referendum shall prepare application forms typed or printed which is reproduced on the proposal to be submitted to a referendum. For the authentication of the first paragraph, the registrar and the Clerk of Court Commissarial are required to receive the signatures of voters on application forms at the same filed and signed by the legal representative of the Committee Promoter, which may also indicate their choice of notaries.

References: NUOVE NORME IN MATERIA DI REFERENDUM E INIZIATIVA LEGISLATIVA POPOLARE,1994  (accessed August 13, 2018)

Subject Matter:

To repeal, in whole or in part, laws, acts, rules also customary, though having the force of law

Actors

Author:
Parliament
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
1,5% of total voters
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Majority of votes is at least 32% of total electorate
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

it does not relate to the removal of organs, bodies and fundamental powers of the State of Art. 3 of Law No 8 July 1974 59 and the fundamental principles and rights of San Marino. also ruled out the invalidating referendum on laws or acts having the force of law with specific content relating to taxes and duties, budget, amnesty and pardon, and ratification of international conventions and treaties

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks: