Tyrol, Austria, regional Authorities' minority plebiscite [MTP] - Volksbefragung

General Typology

Instrument
Authorities' minority plebiscite [MTP]
Location
Tyrol, Austria
Political level
regional
Local Name:
Volksbefragung
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Article 60

Popular consultation

(2) The State Government shall conduct a popular consultation on a matter which falls within the competence of the State throughout the territory of the State, if (..)  at least 40 municipalities so demand on the basis of decisions of the City Council.

(6) A popular consultation shall not be permitted on matters concerning the municipality's own sphere of activity or on matters concerning certain persons.

References: Tiroler Landesordnung, 1989 (accessed Oct. 6, 2018)

§ 49

Request from municipalities

(1) An application for a popular consultation to be held throughout the territory of the State may be made by at least 40 municipalities on the basis of municipal council resolutions. An application for a popular consultation to be held in a part of the territory of the Land must be made by all municipalities situated in that part of the territory of the State on the basis of municipal council decisions. Such applications may only concern one popular consultation at a time. The decisions of the municipal council must have been taken within one year before the submission of the respective application.

(2) Applications under subsection 1 shall be submitted in writing to the State Government. They shall in any case contain such information:

a) an abbreviation of the popular consultation referring to the matter on which it is based;

b) the question (§ 44);

c) a statement of the reasons for the reasons for the popular vote.

(3) The application for a popular consultation to be held in a part of the territory of the country shall also contain the information specified in § 45, Sub-Clause 3.

(4) Section 22 subs. 3 shall apply mutatis mutandis.

(5) If an application does not fulfil the legal requirements, it shall be rejected by written decision.

§ 59

Investigation by the State Electoral Authority, Result of the Popular Consultation

(1) The State Electoral Authority shall summarise the results communicated by the District Electoral Authorities into the overall result for the State. Furthermore, the State Election Authority shall determine the voting results in the State on the basis of the minutes of the District Election Authorities. This is the result of the popular vote.

(2) § 38 paras. 2 and 4 shall apply mutatis mutandis with the proviso that a copy of the minutes shall be sent to the State Government.

(3) The State Government shall announce the result of the popular consultation immediately by publication in the State Law Gazette.

References: Tiroler Volksrechtegesetz - VolksG (accessed Oct. 6, 2018)

Subject Matter:

To decide on matters falling within the competence of the State

Actors

Author:
Municipal Councils
Initiator:
40 Municipal Councils
Decision maker:
Electorate

Requirements

Available Time:
Council decisions not older than 1 year
Turnout Quorum:
No turnout quorum fund in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

A popular consultation shall not be permitted on matters concerning the municipality's own sphere of activity or on matters concerning certain persons

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

§ 44

Question

(1) The question to be put to those entitled to vote shall be formulated in such a way that only a particular matter is subject to popular consultation. If this makes it easier to ask the opinion of those entitled to vote, a second question, independent of the first question, may be put or a supplementary question may be added to the first question. The supplementary question shall be expressly designated as such and shall be asked in the event that the first question is answered by a majority in a particular manner. The supplementary question shall be addressed to all persons entitled to vote.

(2) Each question and supplementary question shall be unambiguous, without any judgmental additions, as concise as possible and, moreover, formulated in such a way that it can be answered either with "yes" or "no" or by consenting to one of a maximum of three other specified decision-making options.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!