State of Salzburg, Austria, local Popular or citizens initiative [PCI] - Volksbefragung

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Salzburg, Austria
Political level
local
Local Name:
Volksbefragung
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Subject

§ 2

(1) The subject of consultations of the people shall be matters concerning the administration of the State.

(2) Consultations of the people shall serve to determine directly the opinion of the voters on one or more specific issues in the field of the administration of the State, with the effects specified in this Act.

(3) Excluded from the consultation of the people are matters of the municipality's own sphere of activity, individual enforcement matters and individual personnel matters of the public service.

Cases of consultation of the people

§ 3

(1) A consultation of the people shall be organised by the State Government,

2. if the consultation of the people is demanded by

(c) at least 10 per cent of the inhabitants of the municipality(ies) in which the referendum is to take place apply for it and the admissibility is established in accordance with § 8 (2).

(2) The number of inhabitants of the commune which is decisive for the application shall be the result of the last census before the application was made.

Section II

People' s consultation procedure

Application

§ 7

(1) An application for a consultation of the people (§ 3 no. 2) shall be submitted to the State Electoral Authority.

(2) The application must be

(b) supported by the number of eligible applicants required under section 3(1)(2)(b) and (c).

The declaration of support shall bear the family name or surname and the first name of the supporter, to include his date of birth, his place of residence, his signature and the date on which the signature is made. Declarations of support shall be drawn up in accordance with the specimen in Annex 1 (Note: Annex cannot be reproduced) or in municipal lists in accordance with the specimen in Annex 2 (Note: Annex cannot be reproduced). The municipalities are obliged to issue confirmations without delay and without collection of administrative charges, other levies or fees. Each applicant may make only one declaration of support. Only those declarations of support which have been confirmed within the last six months before the date of submission of the application shall count.

(3) The application shall contain:

(a) the question to be put to the vote;

(b) the name of the voting area;

(c) the designation of one of the proposers as an authorised representative and of two others as his alternates.

The application shall be accompanied by the certified declarations of support.

4. The question put to the vote shall be clear and shall be put in such a way that it can be answered "yes" or "no". If two or more, but no more than five, options are to be decided on, it must be possible to designate the selected option in such a way that the will of the voter is clearly discernible.

(5) A motion to hold a consultation may also request a vote on two or more questions. However, the number of five questions may not be exceeded.

§ 8

(2) If the application fulfils the legal requirements (in particular those of §§ 2 and 7) - if necessary after improvement - it shall be admitted as a consultation of the people. The State Electoral Authority shall discuss this with an official decision. This shall be forwarded to the authorised representative of the applicants and to the State Government.

Effects of the Consultation of the People

§ 18

(1) From the date on which the decision of the State Electoral Authority declaring the consultation of the people admissible it is legally binding (§ 8, Sub-Clause 2) to the date on which the overall result of the consultation of the people is legally declared (§ 17, Sub-Clause 2), the State Government may, only in the event of imminent danger, take a decision which makes it impossible or substantially more difficult to carry out the proposed measures or which otherwise makes essential decisions in the matter to be voted on.

(2) The result of the consultation of the people shall be the subject of deliberation and decision-making by the State Government.

References: Gesetz über das Verfahren bei der Durchführung von Volksbefragungen, 1985 (accessed Oct. 8, 2018)

Subject Matter:

To determine directly the opinion of the voters on one or more specific issues in the field of the administration of the State. in a defined municipal area

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of voters in defined municipal area
Available Time:
Confirmation of signatures within the last six months before the date of submission of the application
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
No specific approval quorum found in legal source.
Geographical Quorum:
No geographical quorum found in legal source.
Excluded Issues:

§2

(3) Excluded from the consultation of the people are matters of the municipality's own sphere of activity, individual enforcement matters and individual personnel matters of the public service.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:

The question put to the vote shall be clear and shall be put in such a way that it can be answered "yes" or "no". If two or more, but no more than five, options are to be decided on, it must be possible to designate the selected option in such a way that the will of the voter is clearly discernible.

A motion to hold a consultation may also request a vote on two or more questions. However, the number of five questions may not be exceeded.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!