Tamaulipas, Mexico, regional Popular or citizens initiative [PCI]

General Typology

Instrument
Popular or citizens initiative [PCI]
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:
III. Citizens in a number equivalent, at least, to two percent of those registered in the nominal list of voters.
Citizens may support more than one popular consultation, but the processing of consultations that are supported by the citizens themselves shall not proceed when they exceed twenty percent of the signatures of support. In this case, only the first request will proceed. Non-observance of the prohibition referred to in the preceding paragraph shall be resolved in accordance with the provisions of the Federal Law of Popular Consultation.

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 96.- When the petition comes from citizens, the following procedure shall be followed:
I. Once the petition has been received by the President of the Board of Directors of the Congress, he shall publish it in the Parliamentary Gazette, give an account of it and request the Electoral Institute of Tamaulipas, within thirty calendar days, to verify that it has been subscribed in a number equivalent to at least two percent of those registered on the nominal list of voters;
II. In the event that the Electoral Institute of Tamaulipas determines that it does not comply with the requirement established in article 7, section IV, paragraph c) of the Political Constitution of the State of Tamaulipas, the President of the Board of Directors of the Congress shall publish the report in the Parliamentary Gazette, give an account and proceed to file it as a fully and definitively concluded matter;
III. In the event that the Electoral Institute of Tamaulipas determines that the requirement established in section I is met, the President of the Board of Directors of the Congress shall publish the report in the Parliamentary Gazette and shall send the petition to the Plenary of the Supreme Court of the State, together with the petitioners' question proposal so that it may decide on its constitutionality within a term of twenty calendar days;
Having received the request of the President of the Board of Directors to verify the constitutionality of the petition for popular consultation, the Plenum of the Supreme Court of Justice of the State shall:
a. Resolves on the constitutionality of the subject matter of popular consultation and review that the question derives directly from the subject matter of the consultation; not be biased or contain value judgments; use neutral, simple and understandable language; and produce a categorical response in a positive or negative sense.
b. Carries out, if appropriate, the modifications leading to the question, in order to guarantee that it is congruent with the subject matter of the consultation and complies with the criteria set forth in the previous paragraph.
c. Notifies the State Congress of its resolution within twenty-four hours of its issuance;
V. 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, the question contained in the resolution may not be subject to subsequent modifications by the State Congress;
VI. In the event that the Plenum of the Supreme Court of Justice of the State declares the unconstitutionality of the matter of the popular 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; and
VII. Once the constitutionality has been declared by the Plenum of the Supreme Court of Justice of the State, the Congress, through the Board of Directors, will issue the Summons, notify it to the Electoral Institute of Tamaulipas for the conductive effects and will order its publication in the Official State Newspaper.

Article 97 - The resolutions of the Plenary of the Supreme Court of Justice of the State shall be final and unassailable.

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 referendum to express the opinion on one or more issues of state importance

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
2% of electorate
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:

ARTICLE 89.- Every request for popular consultation must contain a written document that will comply with at least the following elements:
I. Full name and signature of the applicant or applicants;
II. The purpose of the consultation and the arguments for which the topic is considered of state transcendence; and
III. 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; and should be related to the subject of the consultation. Only one question may be asked in the request for popular consultation.

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Article 85 - The format for obtaining signatures shall be determined by the State Congress, after consulting the Electoral Institute of Tamaulipas, preserving that it complies with the requirements set forth in this Law and that it shall contain at least:
I. The issue of state transcendence raised;
II. The question proposal;
III. The folio number of each sheet;
V. The name, signature, voter code, and voter identification number on the back of the optical character recognition (OCR) voter identification card of the current photo voting credential; and
V. The date of issuance.
If the signatures are presented in a format different from that delivered to the State Congress, the proposal for Popular Consultation will not be admitted for processing. The President of the Board of Directors of the State Congress shall give an account of the Notices of Intent that have not been formalized with the presentation of the request for popular consultation within the term established by article 83 of this Law or that have not been submitted in the corresponding format for obtaining signatures, which shall be filed as matters totally and definitively concluded.

Wording Of Ballot Question:

See above ARTICLE 96, III.

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.