Upper Austria, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

Instrument
Plebiscite [ATP]
Location
Upper Austria, Austria
Political level
local
Local Name:
Volksbefragung
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

§ 38

Consultation of the People

(1) The municipal council may decide to make the handling of a specific matter falling within its sphere of responsibility (§ 43) dependent on the result of a consultation of the people in the municipality. 

(..)

(5) In the decision to hold a consultation of the people, or at the latest one week after the date on which the minutes are drawn up by which the minimum number of petitions required to hold the consultation of the people is reached, the municipal council shall fix the date of the consultation of the people.

For this purpose, only one Sunday or one public holiday after the end of the term of office may be provided for the electoral roll.

(6) The subject of the consultation of the electorate must be formulated by the municipal council or by the applicant in the form of a question when the first minutes are drawn up in such a way that the answer can only be "yes" or "no".

(7) The day of the consultation of the people shall be announced by the mayor at the same time as the question to be answered. The electoral rolls shall be published within two weeks of the date of publication; the period of publication shall be one week. The electoral rolls shall be drawn up on the basis of voter records in accordance with the Voter Record Act 1973, Federal Law Gazette No. 601, as amended by Federal Law Gazette No. 117/1996 and the European Voter Record Act (European Voter Record Act, Federal Law Gazette No. 118/1996). Election cards are not to be issued. (Note: LGBl. No. 82/1996)

(8) The ballot papers may only read "Yes" or "No". Otherwise designated ballot papers shall be invalid. If an envelope contains more than one validly completed ballot paper and these ballot papers are partly "Yes" and partly "No", then all are invalid; if all are either "Yes" or all are "No", then they are only to be counted as one ballot paper.

(9) The consultation shall be carried out by the municipal electoral authority and the district electoral authorities which, according to O.ö. Local Election Rules for the Election of the Municipal Council. (Note: LGBl. No. 82/1996)

(10) Unless otherwise specified in the foregoing, the provisions of the O.ö. Local Electoral Code shall apply mutatis mutandis to the procedure for the consultation of the people. Local Election Rules shall be applied mutatis mutandis. (Note: LGBl. No. 82/1996)

(11) The result of the consultation shall be announced immediately by the mayor; the matter which was the subject of the consultation shall be included in the agenda of the next session of the municipal council.

References: Oö. Gemeindeordnung, 1990 (accessed Oct. 8, 2018) 

Subject Matter:

To hold a vote on a matter in the sphere of the deciscion making of the municipal council.

Actors

Author:
Municipal Council
Initiator:
Municipal Council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

(2) The appointment and the election of organs of the municipality, affairs of the employees of the and matters that exclusively concern the content of a concrete individual official decision cannot be the subject of a consultation. (Note: LGBl. No. 41/2015)

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

(6) The subject of the consultation of the electorate must be formulated by the municipal council (..) in the form of a question when the first minutes are drawn up in such a way that the answer can only be "yes" or "no".

(7) The day of the consultation of the people shall be announced by the mayor at the same time as the question to be answered. The electoral rolls shall be published within two weeks of the date of publication; the period of publication shall be one week. The electoral rolls shall be drawn up on the basis of voter records in accordance with the Voter Record Act 1973, Federal Law Gazette No. 601, as amended by Federal Law Gazette No. 117/1996 and the European Voter Record Act (European Voter Record Act, Federal Law Gazette No. 118/1996). Election cards are not to be issued. (Note: LGBl. No. 82/1996)

(8) The ballot papers may only read "Yes" or "No". Otherwise designated ballot papers shall be invalid. If an envelope contains more than one validly completed ballot paper and these ballot papers are partly "Yes" and partly "No", then all are invalid; if all are either "Yes" or all are "No", then they are only to be counted as one ballot paper.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!