Tamaulipas, Mexico, regional Plebiscite [ATP] - Consulta popular

General Typology

Instrument
Plebiscite [ATP]
Location
Tamaulipas, Mexico
Political level
regional
Local Name:
Consulta popular
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

ARTICLE 7.- These are the rights of the citizens of Tamaulipas:
IV - To meet to discuss public business, and participate in referendum, plebiscite, popular initiative, and other citizen consultation procedures established by law.
Popular consultations on issues of state importance will be convened by the Congress of the State at the request of:
(a) The Governor of the State;
(b) The equivalent of thirty-three per cent of the members of the Congress of the State; or
c) The citizens, in a number equivalent to at least two percent of those registered in the nominal list of voters, under the terms determined by law.
With the exception of the hypothesis foreseen in paragraph c) of the previous paragraph, the petition must be approved by the majority of the State Congress.
When the total participation corresponds to at least forty percent of the citizens registered in the nominal list of voters, the result shall be binding for the Executive and Legislative branches, as well as for the competent authorities.
The restriction of human rights recognized by the Mexican legal order; the principles enshrined in Article 21 of this Constitution; electoral matters; State revenues and expenditures; State security; and the organization, functioning and discipline of public security institutions may not be the object of popular consultation.
The Plenum of the Supreme Court of Justice shall decide, prior to the convocation made by the State Congress, on the constitutionality of the subject matter of the consultation.
The Electoral Institute of Tamaulipas shall be directly responsible for the verification of the requirement established in paragraph c) of the second paragraph of this section, as well as the organization, development, calculation and declaration of the results of the popular consultation.
The popular consultation shall be held on the same day as Election Day to elect the members of the State Congress. The laws shall guarantee that popular consultations are free, authentic and democratic. The resolutions of the Electoral Institute of Tamaulipas may be challenged under the terms of the provisions of sections IV and V of Article 20 of this Constitution and the applicable laws;

References: Constitución Política del Estado de Tamaulipas, (2017) (accessed March 111, 2019)

CHAPTER X
OF THE POPULAR CONSULTATION
ARTICLE 75.- Popular consultation is the mechanism of participation by which citizens exercise their right, through the vote cast by which they express their opinion on one or more issues of state importance.

ARTICLE 76.- The issues of transcendence that are proposed for popular consultation shall be qualified by the majority of the legislators present at the Congress, with the exception of the consultation proposed by the citizens, in which case it shall be resolved by the Plenum of the Supreme State Court.
The result thereof shall be binding on the state Executive and Legislative branches as well as on the competent authorities, when the total participation corresponds to at least forty percent of the citizens registered on the nominal list of voters.

Article 77. It is understood that there is state significance in the subject proposed for a popular consultation when it contains elements such as:
I. That have impact for most of the state territory; and
II. That have an impact on a significant part of the population.

ARTICLE 82.- They may request a popular consultation:
I. The Governor of the State;
II. Deputies with the equivalent of thirty-three percent of the membership of the State Congress; 

ARTICLE 83.- The request for popular consultation shall be presented to the State Congress as appropriate, in terms of this Law, as from October 1 of the second year of exercise of each Legislature and until October 15 of the year prior to that in which the state election day is held.

Article 86 - The Governor of the State may only present one petition for each day of popular consultation.
In the case of petitions for popular consultation formulated by the legislators who are members of the State Congress, that which is approved by the majority of the Congress shall be the object of the Summons, without being able to be more than one. (..)

Article 87 - The Governor of the State and the legislators may withdraw their request for popular consultation until before the Summons is published in the Official State Newspaper. Once the petition has been withdrawn, they may submit a new request for consultation, provided that it is made within the period established in article 83 of this Law.

Article 90 - If the request comes from the legislators, in addition to the provisions of the preceding article, it must be accompanied by an appendix containing the full names and signatures of at least thirty-three percent of the members of the Congress of the State. Likewise, one of the promoting legislators must be designated as representative to receive notifications.

Article 94 - When the request for popular consultation comes from the Governor of the State, the following procedure shall be followed:
I. The President of the Board of Directors of the State Congress shall give an account of the same and shall send it directly to the Plenary of the Supreme Court of Justice of the State, together with the proposal of a question formulated so that it may resolve and notify it of its constitutionality within a period of twenty calendar days;
II. Having received the request of the State Congress to verify the constitutionality of the petition for popular consultation, the Plenum of the Supreme Court of Justice of the State shall:
a. Resolve on the constitutionality of the matter of the popular consultation and review that the question derives directly from the matter of the consultation; is not biased or contains value judgments; uses neutral language, simple and understandable, and produces a categorical response in a positive or negative sense.
b. Make the modifications leading to the question, in order to guarantee that it is congruent with the subject matter of the consultation and fulfills the criteria set forth in the previous paragraph.
c. Notify the State Congress of its resolution within twenty-four hours of its issuance;
III. In the event that the Plenum of the State Supreme Court of Justice declares the unconstitutionality of the subject matter of the consultation, the President of the Board of Directors of the State Congress shall publish the resolution in the Parliamentary Gazette, give an account and proceed to its archiving as a total and definitively concluded matter;
IV. If the resolution of the Plenum of the State Supreme Court of Justice is in the sense of recognizing the constitutionality of the matter, the question contained in the resolution may not be subject to subsequent modifications by the State Congress, the President of the Board of Directors shall publish the resolution in the Parliamentary Gazette and shall forward the petition to the Governance Commission and, where appropriate, to the corresponding commissions, according to the subject matter of the petition, for analysis and opinion;
V. The opinion of the petition must be approved by the majority of the legislators; otherwise, the petition will be archived as a totally and definitively concluded matter; and
VI Once the petition has been approved by the State Congress, the latter shall issue the Call for Popular Consultation by means of a Decree, shall notify it to the Electoral Institute of Tamaulipas for the conductive purposes and shall order its publication in the Official State Newspaper.

Article 95 - When the request for popular consultation comes from at least thirty-three percent of the members of Congress, the following procedure shall be followed:
I. The President of the Board of Directors shall give an account of the same and shall turn it over to the Governance Commission and, if applicable, to the corresponding commissions, according to the subject matter of the petition, for analysis and opinion.
II. The opinion of the petition must be approved by the majority of the legislators; otherwise, it will be archived as a complete and definitively concluded matter;
III. Once the petition has been approved by Congress, it will be sent to the Plenum of the Supreme Court of Justice of the State together with the proposal for a question to resolve and notify it of its constitutionality within a period of twenty calendar days;
IV. Once the request of the Congress to verify the constitutionality of the petition for popular consultation has been received, the Plenum of the Supreme Court of Justice of the State shall be in accordance with the provisions of section II of article 94 of this Law;
V. In the event that the Plenum of the State Supreme Court of Justice declares the unconstitutionality of the subject matter of the consultation, the President of the Board of Directors shall publish the resolution in the Parliamentary Gazette, give an account and proceed to its archiving as a total and definitively concluded matter;
VI. If the resolution of the Plenum of the Supreme Court of Justice of the State, is in the sense of recognizing the constitutionality of the matter, Congress will issue the Call for popular consultation by Decree, notify the Electoral Institute of Tamaulipas for conductive purposes and order its publication in the Official Journal of the State.

ARTICLE 98.- The call for popular consultation must contain:
I. The applicable legal basis;
II. The date of the state election day on which the popular consultation is to take place;
III. A brief description of the subject matter of state significance that is submitted to the question to be consulted; and IV. The place and date of the issuance of the Summons. 

ARTICLE 99.- The summons issued by the Congress of the State shall be published in the Official State Newspaper. 

References: LEY DE PARTICIPACIÓN CIUDADANA DEL ESTADO, (2015) (accessed March 13, 2019)

Subject Matter:

To call a plebiscite to xpress the opinion on one or more issues of state importance

Actors

Author:
Governor or 33% of members of Congress
Initiator:
Majority in Congress
Decision maker:
Electorate

Requirements

Available Time:
Presented Oct. 1 of 2nd year of legislature until Oct. 15 of the year prior to state election day
Turnout Quorum:
40% of electorate
Approval Quorum:
No special majority found
Geographical Quorum:
No geographical quorum found
Excluded Issues:

ARTICLE 81.- These shall not be subject to popular consultation:
I. The restriction of human rights;
II. The principles enshrined in article 21 of the Political Constitution of the State of Tamaulipas;
III. Electoral matters;
IV. Income and expenditure of the State;
V. State security.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

See Art. 94 and Art. 95

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.