Veracruz, Mexico, regional Popular or citizens initiative [PCI] - Consulta Popular

General Typology

Instrument
Popular or citizens initiative [PCI]
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:
3. The citizens, in a number equivalent, at least, to two percent of those registered in the nominal list of voters, in the terms indicated by law.
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)

CHAPTER 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:
III. The citizens, in a number equivalent, at least, to two percent of those registered in the nominal list of voters.

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 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. 

Article 29. The request coming from citizens, in addition to the requirements provided in the Constitution and this Act, must be supplemented with:
I. Full name and address of the representative to receive notifications; and
II. Annex containing the full names of the citizens and their signature, in addition to the voter code and the identifier number on the back of the voter credential. derived from the optical character recognition (OCR) of the voting credential with a valid photograph.
The documentation and annexes must be fully identified, indicating at the top of each page the reference to the issue of state significance that is proposed to be submitted to Popular Consultation.
When the written request of the Popular Consultation does not indicate the name of the representative, is illegible or does not accompany any signature of support, the President of the Congress or, as the case may be, of the Permanent Deputation shall warn the petitioners to correct the errors or omissions mentioned above within a period of three calendar days, counted from the notification. If it is not rectified within the established period, it shall be deemed not to have been presented.

SECOND SECTION
Procedure for the Summons
Article 31. When the petition comes from citizens, the following procedure shall be followed:
I. Once the petition has been received, the President of the Congress or, as the case may be, of the Permanent Deputation shall order its publication in the Legislative Gazette, shall account for it in session and shall request the Local Electoral Public Body to verify, within a period of thirty calendar days, the constitutional requirement that it has been subscribed in a number equivalent to at least two per cent of those registered on the nominal list of voters;
II. In the event that the Body determines that the petition does not comply with the requirement established in the preceding fraction, the President of Congress or the President of the Permanent Deputation, as the case may be, shall order the publication of the report in the Legislative Gazette, account for it and proceed to its archiving as a total and definitively concluded matter;
III. In the event that the Institute determines that the requirement established in section I is met, the President of the Congress or the President of the Permanent Deputation, as the case may be, shall be the President of the Congress or the President of the Permanent Deputation, as the case may be. shall order the publication of the report in the Legislative Gazette, and shall send the petition to the president of the Superior Court of Justice, together with the petitioners' question proposal, so that the Plenary of that Court may decide on its constitutionality, in accordance with the provisions of sections I and II of article 30 of this Law;
IV.If the resolution of the Plenum of the Superior 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;
V. In the event that the Plenum of the High Court of Justice declares the unconstitutionality of the subject matter of the Popular Consultation, the President of the Congress or the President of the Permanent Deputation, as the case may be, shall publish the resolution in the Legislative Gazette, account for it and proceed to file it as a total subject matter, and definitively concluded; and
VI Once the constitutionality has been declared by the Plenary of the Superior Court of Justice, Congress shall issue the summons, notify it to the Organism for the conductive effects and order its publication in the Official Gazette of the State. 

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

Article 33. The call for Popular Consultation shall be published in the Official State Gazette and contain:
I. Applicable legal grounds;
II. Date of the federal election day on which the Popular Consultation is to be held;
III. Brief description of the subject matter on the issue of state transcendence that is submitted for Consultation;
IV. The question to be consulted; and
V. Place and date of issuance of the call.

EIGHTH SECTION
Of the Binding Effect and Follow-Up
Article 59. When the report of the Body indicates that the total participation in the Popular Consultation corresponds to at least forty percent of the citizens. registered in the nominal list of voters, the result will be binding for the Executive and Legislative branches, as well as for the competent authorities, and will make it known to the Superior Court of Justice, which will notify the corresponding authorities so that within the scope of their competence they carry out what is conducive for their attention. When the result of the Consultation is binding, it shall have effect during the following three years, counted from the declaration of validity. 

References: LEY NÚMERO 76 DE REFERENDO, PLEBISCITO E INICIATIVA POPULAR DEL ESTADO DE VERACRUZ DE IGNACIO DE LA LLAVE, (2018) (accessed March 11, 2019)

Subject Matter:

To decide on one or more issues of state significance

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
2% of electorate
Available Time:
Referendum: Federal election day
Turnout Quorum:
40% of the 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

Collection Mode:
free
Specify Collection Mode:

Article 26. The Congress shall agree, in the case of a petition by citizens for a Popular Consultation, on the format for obtaining signatures, after consulting the Local Public Electoral Body, preserving that it complies with the requirements set forth in this Law and that it must contain at least:
I. The issue of state transcendence raised;
II. The question proposal;
III. The folio number of each sheet;
IV. The name, signature, voter's code or the identifier number on the back of the voter's credential derived from the optical character recognition (OCR) of the a valid photo credential to vote; and
V. The date of issue.
If signatures are submitted in a format other than that authorized by Congress, the proposed Popular Consultation shall not be admitted to procede.

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.