Vorarlberg, Austria, local Popular or citizens initiative [PCI] - Volksbefragung

General Typology

Instrument
Popular or citizens initiative [PCI]
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 or if it is demanded at least by a 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.

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)

VII. MAIN PART

Popular consultation according to the municipal law

Section 1

Application procedure

§ 84

Application

(1) An application to hold a popular consultation shall contain the question to be submitted to the persons entitled to vote, together with any supplementary question and any justification for the application. The question may concern only one matter within the municipality's own sphere of activity. The second to fourth sentences and 3 of § 70.2 shall apply mutatis mutandis. One person entitled to file an application (§ 2 para. 4) must be named as the authorised representative and another as his deputy. Otherwise, the application must comply with the model set out in Annex 10 and must be signed by the authorised representative and his representative.

(2) The short name of the popular consultation to be included in the application shall refer to the contents of the popular consultation and shall be clearly distinguishable from the short name of other consultations in respect of which an application is pending before the municipal election authority.

(3) The application for a popular consultation 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.

§ 85

Deposit, admissibility, declarations of support, decision on implementation, forwarding

Sections 59 to 63 shall apply mutatis mutandis to the deposit, to the decision on the admissibility of the application, to the declarations of support, to the decision on the conduct of the popular consultation and to the forwarding of the decision to the mayor. The declaration of support must correspond to the model shown in Annex 11.

§ 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.

§ 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 the voters of the municipality on matters concerning the municipality's own sphere of activity

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Local electorate

Requirements

Number Of Signatures:
<1501 voters: 20%; plus next up to 1,500 voters; 15%; plus in excess thereof: 10 %
Available Time:
10 weeks
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 of a referendum. 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.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!