Tyrol, Austria, regional Popular or citizens initiative [PCI] - Volksbefragung

General Typology

Instrument
Popular or citizens initiative [PCI]
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 7,500 persons entitled to vote in the State Parliament (..) so request  (..).

(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)

§ 45

Application by persons entitled to vote

(1) The application for a popular consultation shall be submitted in writing to the State Government. Such a request may only concern one consultation of the people at a time. If the popular consultation is to be conducted throughout the entire territory of the State, the motion must be supported by at least 7,500 voters entitled to vote in the State Parliament. If the consultation is to be held in a part of the territory of the State, the application must be supported by at least 25 per cent of those entitled to vote in Parliament who have their principal place of residence in that part of the territory of the State.

(2) The application shall in any case contain the following 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 on which the reasons for the popular vote are based;

d) the first name, surname and address of a proxy representing the applicants and his representative;

e) the declarations of support of the applicants, accompanied by the confirmation of voting rights and separated into individual declarations and collective declarations (§ 46 para. 2) with consecutive numbers.

(3) The application for a popular consultation to be held in a part of the territory of the country shall also contain such a request:

a) the municipality or municipalities in which the popular consultation is to take place;

(b) a statement of reasons showing that the matter on which the popular consultation is based is in the exclusive or predominant interest of the inhabitants of the part of the territory concerned.

(4) Section 3 (3) shall apply mutatis mutandis. If an application is made to hold a popular consultation in a part of the State territory, the authorised representative and his deputy need not have their principal place of residence in the relevant part of the State territory.

§ 46

Declaration of support, confirmation of voting rights

(1) The declaration of support must be included:

(a) the abbreviation of the popular consultation;

(b) the first name, surname, address, date of birth and signature of the applicant and the date of signing;

c) the confirmation of the mayor of the municipality in which the applicant has his main residence or, in the case of eligibility to vote according to § 2 para. 1 lit. b, of the Tyrolean State Parliament Election Ordinance 2017 before the transfer of the same to a foreign country, that the applicant was entitled to vote at the time the declaration to the State Parliament was made ( confirmation of voting rights ).

(2) Otherwise, § 4 paras. 2 to 5 shall apply mutatis mutandis with the proviso that individual declarations shall correspond to the model set out in Annex 9 and collective declarations to the model set out in Annex 10.

§ 4

Declaration of support, confirmation of voting rights

(5) A declaration of support shall only be valid if the confirmation of voting rights was issued within one year prior to the submission of the application for a citizens' initiative.

§ 48

Decision

(1) The State Government shall decide on the application to hold a popular consultation within two weeks, if an investigation by the local authority pursuant to section 47 is required, by written decision within five weeks of receipt. A copy of the decision shall be delivered to the authorised representative for his own account.

(2) The application shall be granted if the requirements under sections 43, 44, 45 and 46 are fulfilled, otherwise it shall be rejected.

§ 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:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
7500
Available Time:
Signatures not older than 1 year at the day of the submission of application
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

Collection Mode:
free
Specify Collection Mode:
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!