Vorarlberg, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

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

§ 23

Popular consultation

1) In matters concerning the municipality's own sphere of activity, the opinion of the voters of the municipality (§ 20) may be requested by a vote (popular consultation). A popular consultation shall be ordered by order of the mayor if it is decided by the municipal representation (..)

2. Administrative acts addressed to certain persons may not be the subject of a referendum.

(3) A popular consultation may be held only in a part of the municipality on the basis of a decision of the municipal council, if the matter exclusively concerns that part.

Referenxes: Gemeindegesetz, 1985 (accessed Oct. 6, 2018)

§ 87

Voting brochure

(1) The mayor shall draw up a voting brochure, which shall contain:

(a) a copy of the decree ordering the popular consultation,

b) in brief, a possible justification of the application pursuant to § 84 by the applicants or of the resolution pursuant to § 86 (1) (b) by the municipal council,

c) the opinion of the municipal council in this regard.

(2) Applicants shall be given the opportunity, before the brochure is written, to make up or improve the grounds for the application within a reasonable period of time. The arguments of the applicants and those of the municipal executive board pursuant to para. 1 lit. b and c shall be reproduced as objectively as possible and to the same extent as possible.

(3) The mayor shall send the voting brochure to each person entitled to vote at least two weeks before the voting day.

§ 89

Determination of the result of the vote

(1) Sections 53a to 55 shall apply mutatis mutandis to the determination of the result of the vote, with the proviso that the votes cast in favour and against shall be replaced, if necessary, by the votes cast for the individual decision-making options.

(2) If the question is supplemented by a supplementary question, the election authority shall first determine the result of the vote on the main question within the meaning of § 54 (3) last sentence and then the result of the vote on the supplementary question. The results shall be recorded in the minutes within the meaning of § 55 (1) (d). The minutes shall also contain the decision of the election authority on the validity or invalidity of individual answers to the supplementary question.

(3) The municipal election authority shall determine the result of the vote for the entire municipal territory. The transmission of a copy of the minutes to the state electoral authority shall be omitted.

(4) The municipal election authority shall announce the final result of the referendum by posting it on the official board of the municipality and, if there is an official gazette (Gemeindeblatt) for the municipality, also in this gazette. If a municipality has a homepage on the Internet, it must also make the result available to the general public on the homepage.

References: Landes-Volksabstimmungsgesetz, 1987 (accessed Oct. 6, 2018)

Subject Matter:

To request the opinion of voters on matters concerning the municipality's own sphere of activity

Actors

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

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Results on the questions asked in favour and against; resp. supplementary question
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Administrative acts addressed to certain persons may not be the subject.

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!