Veracruz, Mexico, regional Plebiscite [ATP] - Consulta Popular

General Typology

Instrument
Plebiscite [ATP]
Location
Veracruz, Mexico
Political level
regional
Local Name:
Consulta Popular
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 15. These are citizens' rights:
I. Vote and be voted in state and municipal elections, and participate in the processes of plebiscite, referendum and popular initiative. Only citizens who have a voter's credential and are duly included in the corresponding nominal list may vote;

V. Vote, in terms of the law, in popular consultations on issues of state significance, which will be subject to the following:
a) They shall be convened by the State Congress, at the request of:
1. The Governor;
2. The equivalent of thirty-three percent of the members of Congress; or 3. (..)
With the exception of the hypothesis foreseen in numeral 3 of this paragraph, the petition must be approved by the majority of the Congress;
b) When the total participation corresponds to at least forty percent of the citizens registered in the nominal list of voters, the result shall be binding for the Executive and Legislative branches and for the competent authorities;
c) The restriction of the human rights recognized by the Federal Constitution and the particular rights of the State; the disincorporation of Ignacio de la Llave de la Federación from the State of Veracruz; electoral matters; income and expenditure of the State and state security may not be the object of popular consultation.
The Plenum of the Superior Court of Justice, on the basis of a draft of the Constitutional Chamber, will decide prior to the convocation made by Congress on the matter. the constitutionality of the subject matter of the consultation, in terms of the law;
d) The public body provided for in Section A of Article 66 of this Constitution shall be directly responsible for the verification of the requirement established in numeral 3 of subsection a) of this section, as well as the organization, development, calculation and declaration of results, in accordance with the law; e) The popular consultation shall be held on the same day as Federal Election Day;
f) The resolutions of the public administrative electoral body may be challenged under the terms of the provisions of Section B of Article 66 of this Constitution and the law; and
g) The laws shall establish the means to give effect to the provisions of this section.

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)

HAPTER IV Of the Popular Consultation 

Article 16. The purpose of this chapter is to regulate the procedure for calling, organizing, developing, computing and declaring the results of the Popular Consultation and to promote citizen participation in the Popular Consultations. 

Article 17. The Popular Consultation is the mechanism of participation by which citizens exercise their right, through voting, to express their opinion regarding one or more issues of state significance. 

Article 18. The result of the Popular Consultation is binding for the Executive and Legislative branches, as well as for the competent authorities, when the total participation corresponds to at least forty percent of the citizens registered in the nominal list of voters. 

Article 19. It is understood that there is state transcendence in the subject proposed for a Popular Consultation when it contains elements such as:
I. That have repercussions in the greater part of the State's territory; and
II. That have an impact on a significant part of the population.

Article 21. The Consultation or Popular Consultations shall be held on the same day as Federal Election Day.

Article 24. They may request a Popular Consultation:
I. The Governor;
II. The equivalent of thirty-three percent of the members of Congress;

Article 25. The petition for Popular Consultation may be presented before the Congress or the Permanent Deputation, as the case may be, in terms of this Law.

Article 27. The Governor of the State may only present one petition for each day of Popular Consultation.
In the case of requests for Popular Consultation formulated by the members of Congress, the summons shall be that which is approved by the majority of Congress, without being able to be more than one.
(..)
The Governor and the members of Congress may withdraw their request for Popular Consultation until before the call is published in the Official State Gazette. 

Article 28. Every request for a Popular Consultation must contain a document that will comply, at least, with the following elements:
I. Full name and signature of the applicant or applicants;
II. The purpose of the consultation and the arguments for which the matter is considered to be of state significance; and
III. The question proposed for consultation should be prepared without tendentious content or value judgments and formulated in such a way as to produce an answer. and must be related to the subject of the consultation.
Only one question may be asked in the People's Consultation request.
If the request comes from legislators, the petition must also be accompanied by an appendix containing full names and signatures of at least the following Thirty-three percent of the members of Congress; likewise, one of the promoting legislators must be designated as a representative to receive notifications.

SECOND SECTION
Procedure for the Summons
Article 30. When the request for a Popular Consultation comes from the Governor or from at least thirty-three percent of the members of Congress, the following procedure shall be followed:
I. The President of the Congress or, as the case may be, of the Permanent Deputation shall give an account of the same and shall send it directly to the High Court of Justice, together with the proposed question, so that the latter may resolve and notify it of its constitutionality within a period of twenty calendar days;
II. Once the request of the Congress to verify the constitutionality of the petition for Popular Consultation has been received, the Plenary of the High Court of Justice shall:
a) Resolve, based on a draft of the Constitutional Chamber, on the constitutionality of the matter of the Popular Consultation and review that the question derives directly from the matter of the Consultation; is not biased or contains value judgments; uses neutral language, simple and understandable, and produces a categorical response in a positive or negative sense;
b) Carry out the modifications leading to the question, in order to guarantee that it is congruent with the subject matter of the Consultation and complies with the criteria set forth in the previous paragraph; and
c) Notify the Congress or, as the case may be, the Permanent Deputation, through its President, of its resolution within twenty-four hours after it issues it;
III. In the event that the Plenum of the High Court of Justice declares the unconstitutionality of the subject matter of the consultation, the President of the Congress or, as the case may be, of the Permanent Deputation, shall publish the resolution in the Legislative Gazette, inform the Plenum of the Congress or the Permanent Deputation, as the case may be, and will proceed to your file as a matter of complete and final conclusion;
IV. If the resolution of the Plenary of the High Court of Justice is in the sense of recognizing the constitutionality of the matter, the question contained in the resolution may not be subject to subsequent modifications by Congress; the President of the latter or of the Permanent Deputation shall order the publication of the resolution of the Plenary of the High Court of Justice in the Legislative Gazette and shall forward the petition to the corresponding Permanent Commission or Commissions, according to the subject matter of the petition, for analysis and opinion;
V. The opinion on the petition for Popular Consultation shall be approved by Congress; otherwise, it shall be filed as a fully and definitively concluded matter; and
VI. Once the petition has been approved by Congress, Congress shall issue the call for the Popular Consultation by decree, notify it to the Local Public Electoral Body for conductive purposes, and order its publication in the Official State Gazette.

Article 32. The resolutions of the Plenary of the High Court of Justice shall be final and unassailable.

Subject Matter:

To decide on one or more issues of state significance

Actors

Author:
Governor - 1/3rd of Congress
Initiator:
Parliament
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
40% of electorate
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

The restriction of the human rights recognized by the Federal Constitution and the particular rights of the State; the disincorporation of Ignacio de la Llave de la Federación from the State of Veracruz; electoral matters; income and expenditure of the State and state security may not be the object of popular consultation.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
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.