Upper Austria, Austria, local Popular or citizens initiative [PCI] - Volksbefragung

General Typology

Instrument
Popular or citizens initiative [PCI]
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. A consultation of the people on these matters shall be called if a minimum number of voters entitled to vote in the municipal council so requires in respect of a particular question. This minimum number is calculated as follows:

1. in municipalities with up to 1,000 voters for the previous election to the municipal council: declarations of support by 18 % of the number of voters for the previous election to the municipal council, but at least by 50 persons, whereby support by 150 persons is sufficient in any case;

2. in municipalities with more than 1,000 and up to 10,000 eligible voters for the previous election to the municipal council: declarations of support by 15 % of the number of eligible voters for the previous election to the municipal council, whereby support by 900 persons is sufficient in any case;

3. in municipalities with more than 10,000 eligible voters for the previous election to the municipal council: declarations of support by 9% of the number of eligible voters for the previous election to the municipal council, whereby support by 1,400 persons is sufficient in any case.

(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)

(3) Each member of the citizen entitled to vote may submit a written application to the municipality to hold a consultation on a specific question. On the day following the submission of this application, the wording of the question and the required minimum number of applications by eligible citizens of the municipality who must support this request, as well as the procedure to be followed in this regard, shall be announced by the mayor.

(4) All applications which are submitted personally to the municipal office within four weeks of the date of publication of the first application in respect of the same question statement shall be counted as minutes within the meaning of para. 1. They shall be numbered consecutively and entered in a list no later than on the day after the next but one after the date on which the minutes were drawn up, after examination by the mayor, in the order in which they were drawn up. The list shall contain the name, address, date of birth and occupation of the applicant, as well as the date of the writing of the minutes, and shall be publicly available at the municipal office until the expiry of the four-week period for filing the application or, in the case of a consultation, until the expiry of the day of the consultation.

(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.

(..)

(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 vote on a specific matter falling within its sphere of responsibility of a municipality

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
18% - 9% (depending on number of voters in a municipality
Available Time:
Four weeks of the date of publication of the first application
Turnout Quorum:
No turnout quorum found
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found
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

Collection Mode:
restricted
Specify Collection Mode:

At the municipal office

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!