Vorarlberg, Austria, local Popular or citizens initiative [PCI] - Volksabstimmung nach dem Gemeindegesetz

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Vorarlberg, Austria
Political level
local
Local Name:
Volksabstimmung nach dem Gemeindegesetz
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

§ 22

Referendum

(1) In matters relating to the municipality's own sphere of activity, decisions may be taken or decreed by a vote of the voters of the municipality (§ 20) (referendum). A referendum shall be ordered by order of the mayor if (..) it is requested by at least one number of voters of the municipality (§ 20), which shall be determined as follows:

a) for the first up to 1,500 voters: 20% thereof;

plus

b) for the next up to 1,500 voters: 15 % thereof;

plus

(c) for the number of persons entitled to vote in excess thereof: 10 % thereof.

(3) Administrative acts addressed to specific persons may not be the subject of a referendum.

(4) The municipality's statement on a change in the population pursuant to § 7, Sub-Clause 1 shall be made on the basis of a referendum, with a separate vote in the part of the territory concerned.

(5) The result of a referendum shall be made public.

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

V. MAIN PART

Referendum according to the municipal law

Section 1

Application procedure

§ 58

Request

(1) A motion to hold a referendum shall contain the question to be put to the voters and any justification for the motion. The question may concern only one matter of the municipality's own sphere of activity, shall be as brief as possible and shall be worded in such a way that it can be answered unequivocally with "yes" or "no". One person entitled to make an application (§ 2 Para. 4) shall be named as the authorised representative and another as his deputy. Otherwise, the application must comply with the model set out in Annex 6 and must be signed by the authorised representative and his deputy.

(2) The abbreviation of the referendum to be included in the application shall refer to the content of the referendum and shall differ clearly from the abbreviation of other referendums in respect of which an application is pending with the Municipal Electoral Authority.

(3) The request for a referendum shall be submitted to the Municipal Electoral Authority. Until the decision on the admissibility of the application has been made, the authorised representative may withdraw the application.

§ 59

Deposit

(1) At the same time as the application pursuant to § 58 is submitted, an amount of 360 euros shall be deposited, failing which the application shall be deemed not to have been submitted.

(2) If the m Municipal Election Authority decides in accordance with § 62 that a referendum is to be held, the deposit shall be refunded immediately. The deposit shall also be refunded if the application is withdrawn in accordance with § 58 (3). Half of the deposit shall be refunded if the municipal electoral authority declares the request to hold a referendum inadmissible or if at least half of the required declarations of support are submitted within the period determined in accordance with § 60 (2).

(3) To the extent that the deposit pursuant to subsection (2) is not to be refunded, it shall be forfeited in favour of the municipality.

§ 60

Decision on the admissibility of the application

(..)

(2) If the application is declared admissible pursuant to subsection 1, the decision shall specify a period of ten weeks within which the declarations of support (section 61 subsection 3) signed by the persons entitled to apply together with the confirmation of the mayor (section 61 subsection 4) may be submitted by the authorised representative to the municipal election authority. The deadline shall be set so that it begins at the latest two weeks after the decision.

(3) If the application is declared admissible pursuant to para. 1, the Municipal Electoral Office shall send the Mayor a copy of the decision pursuant to para. 1 and of the application together with a possible justification. The mayor shall publish the text of the request to hold a referendum, together with a possible justification, in the municipal office during the first eight weeks of the period specified in para. 2, and shall give the persons entitled to make the request the opportunity to inspect and copy it, at least during the office hours intended for party transactions.

§ 61

Statements of support

(1) The request to hold a referendum shall be supported by at least a number of voters (§ 2, Sub-Clause 3) of the municipality, as determined as follows:

a) for the first up to 1,500 voters: 20% thereof;

plus

b) for the next up to 1,500 voters: 15 % thereof;

plus

c) for the additional number of voters entitled to vote:

10 % thereof.

(2) The persons entitled to vote must be included in the electoral roll at the time of the decision on admissibility pursuant to § 60.

§ 62

Decision on implementation

(1) The Municipal Electoral Authority shall decide that a referendum shall be held if the authorised representative submits the required number of declarations of support, including the confirmation of the Mayor, within the period specified in section 60(2). Otherwise, the request to hold a referendum shall be rejected. The decision of the Municipal Election Authority must be made within two weeks of the submission of the declarations of support at the latest.

(2) If the required number of declarations of support is not reached due to the invalidity of declarations of support, the Municipal Election Authority shall notify the authorised representative and the mayor. The mayor must delete the note on the issuance of the confirmation from the electoral file of the eligible applicants. Within one month of notification, the authorised representative may submit new declarations of support by the same persons together with the Mayor's confirmation.

§ 63

Forwarding to the Mayor

If the request to hold a referendum is granted, the Municipal Electoral Authority shall immediately inform the Mayor of the decision.

§ 69

Determination of the result of the vote

(2) The Municipal Electoral 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 ( Municipal Gazette) for the municipality, also in the Official Gazette. If a municipality has a homepage on the Internet, it must also make the result available to the general public on the homepage.

(3) The decision of the people takes the place of the decision of the otherwise competent municipal body. As far as further decisions are necessary, these are to be made by the responsible municipality organ.

Subject Matter:

To decide on matters relating to the municipality's own sphere of activity,

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
< 1501 voters: 20% ; next 1500 voters: +15% ; additional voters: 10% therof
Available Time:
10 weeks
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

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

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:

The question may concern only one matter of the municipality's own sphere of activity, shall be as brief as possible and shall be worded in such a way that it can be answered unequivocally with "yes" or "no".

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!