Veracruz, Mexico, local Plebiscite [ATP] - Referendo/Plebiscito

General Typology

Instrument
Plebiscite [ATP]
Location
Veracruz, Mexico
Political level
local
Local Name:
Referendo/Plebiscito
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 15. The rights of citizens are:
I. To vote and be voted in State and municipal elections, and participate in the processes of plebiscite, referendum and popular initiative. Only citizens may vote who possess the elector certificate and are duly included in the corresponding nominal listing;

Article 17.
Participatory referendum, plebiscite and popular consultation procedures shall be regulated by law. At the state level, plebiscite and referendum procedures will be based on the legislative process and at the municipal level, the procedure will be based on the Town Hall procedure.
Members of Congress and the Governor of the State have the right of initiative in participatory referendum and plebiscite procedures, as well as the right to request popular consultations, in terms of this Constitution and the law.
The referendum shall be mandatory in the following cases:
(a) For the total reform or abrogation of the provisions of this Constitution; and (b) For other cases established by this Constitution and the law. The plebiscite shall be mandatory in the cases set forth in this Constitution and the law.

CONTROL OF LEGALITY IN ELECTORAL MATTERS.
Article 66. The electoral function in the State shall be governed by the following provisions:
SECTION A. The organization, conduct and monitoring of elections, plebiscites and referendums shall be carried out by a public body whose name shall be established by law and which shall exercise electoral authority in the State in accordance with the following bases: (..)
The system of means of challenge will give certainty and definitivity to the different stages of the state and municipal electoral processes, including those of municipal agents and sub-agents, as well as the processes of plebiscite, referendum and popular consultation.

References: CONSTITUCIÓN POLÍTICA DEL ESTADO DE VERACRUZ DE IGNACIO DE LA LLAVE.(2017) (accessed March 11, 2019)

Article 2. Citizens of the State have the right and obligation to vote in referendum procedures to participate in the approval, reform and abolition of the Laws and Decrees of the State Congress; of plebiscite to participate in the consultation of decisions or administrative measures related to progress, welfare and social interest in the State; and of Popular Consultation to participate in matters of State transcendence. Through the Citizens' Initiative, the right to initiate laws or decrees before the State Congress is exercised.

Article 2. Citizens of the State have the right and obligation to vote in referendum procedures to participate in the approval, reform and abolition of the Laws and Decrees of the State Congress; of plebiscite to participate in the consultation of decisions or administrative measures related to progress, welfare and social interest in the State; and of Popular Consultation to participate in matters of State transcendence. Through the Citizens' Initiative, the right to initiate laws or decrees before the State Congress is exercised.

Article 3. The right to initiate the procedure of referendum or plebiscite belongs to:
III. City Councils, only in relation to their respective localities and on the sector they manage.

Article 4 (.)
The referendum and the plebiscite may not be conducted in election years.

Article 5. The result of the referendum or plebiscite shall be determined by majority vote of the voters.

Article 6. The results of referendums or plebiscites called by the Congress or the Governor, will be mandatory for the authorities of the State. When these procedures are called by a City Hall, the results will be mandatory for this authority.

Article 7. The referendum shall be obligatory for:
III. the adoption, reform and abolition of regulations, circulars and administrative arrangements of general observance of a City Council, when in their respective jurisdiction, thus determined in accordance with the procedure of the Cabildo established by the cardinal law of the free municipality.

Article 8. (..)
In the municipal order, the City Council may convene, based on the procedure of building of the Cabildo, with regard to the organic law of the free municipality, to the holding of a plebiscite to consult citizens regarding decisions or administrative measures relating to the provision of public services and functions.

References: LEY DE REFERENDO, PLEBISCITO E INICIATIVA POPULAR, 2000 (2008)

Subject Matter:

To call a plebiscite on the adoption, reform and abolition of regulations, circulars and administrative arrangements of general observance of a City Council and decisions or administrative measures relating to the provision of public services and functions

Actors

Author:
City Councils/Cabildo
Initiator:
City Councils
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
-
Excluded Issues:
Other Formal Requirements:

Article 10.
Calls to referendum or plebiscite shall contain at least:
I. The date and duration of the day of consultation;
II. The basis and motivation for which it invites referendum or plebiscite;
III. Subject to referendum or plebiscite; and
IV. Question or questions which will be made in the inquiry.

Procedural Elements

Wording Of Ballot Question:

Article 11. Casting the vote will take place at the ballots issued the Electoral Institute Veracruzano and which contain at least the following data:
I. Constituency and the section or sections concerned;
II. Label and printed signatures of the President and Secretary of the Institute Electoral Veracruz;
III. Respective Folio; and
IV. Question or corresponding questions, with indication of crossing one of the boxes or circles in which appears on one of them "Yes" and another "NO".

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.