Vorarlberg, Austria, regional Authorities' minority plebiscite [MTP] - Volksbefragung

General Typology

Instrument
Authorities' minority plebiscite [MTP]
Location
Vorarlberg, Austria
Political level
regional
Local Name:
Volksbefragung
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Article 58

Popular consultation on administrative matters

(1) The opinion of the citizens entitled to vote and former citizens of the States may be obtained by consultation of the people on matters of State administration.

(2) A popular consultation shall be conducted if is requested

b) by at least ten municipalities on the basis of municipal representation resolutions,

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

(4) The conduct of a popular consultation may be restricted to parts of the territory of the State if the matter is in the exclusive or predominant interest of the population of that part of the territory of the State. The determination of the area to be consulted shall be made by the State Government.

(5) The procedure shall be regulated in more detail by law.

References: Verfassungsgesetz über die Verfassung des Landes Vorarlberg, 1999 (accessed Oct. 6, 2018)

Popular consultation according to the State Constitution

Section 3

Popular Consultation at the request of municipalities

§ 76

(1) If a municipal council decides to file a petition for a popular consultation, the mayor shall file the petition together with an extract from the minutes of the meeting of the municipal representatives to the State Election Authority. This extract must be signed in accordance with the provisions of the Municipal Act on the Signing of Negotiating Papers.

(2) An application pursuant to subsection 1 shall contain the question to be submitted to the persons entitled to vote, together with any supplementary question and any justification of the application. Section 70 (2) and (3) shall apply mutatis mutandis. Each municipality may withdraw its application until a decision has been taken in accordance with para. 3.

(3) The State Election Authority shall decide within three weeks of the deposit of the application whether the request is admissible and whether the application has been duly submitted. The decision shall be verifiably served on the municipality. An appeal against this decision to the State Administrative Court is not admissible.

(4) If, within a period of six months, at least ten municipalities have submitted similar applications and declared them admissible, the State Electoral Authority shall decide within three weeks of submission of the application by the tenth municipality that a popular consultation shall be held.

§ 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 Electoral Commission 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 Electoral Commission 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 popular consultation 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.

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

Subject Matter:

To obtain the opinion of the voters on matters of the State administration

Actors

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

Requirements

Available Time:
6 months
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 consultation of the people.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

§70

(2) The question to be submitted to the voters may concern only one matter of the State Administration. It shall be presented in such a way that the opinion of those entitled to vote can be clearly requested. The question shall be without contradiction, without adjunctive judgments and as short as possible. It shall be worded in such a way that the person entitled to vote can choose between two or three options and can clearly indicate the option chosen.

(3) If the question is to be answered with "yes" or "no" and this serves the clearer questioning of the opinion of the voters, it may be supplemented by a more detailed supplementary question. In the event of a majority of votes in favour of the main question, the supplementary question shall be put and addressed to all those entitled to vote. The supplementary question shall be expressly designated as such. Paragraph 2, last sentence, shall apply mutatis mutandis to its wording.

Interaction With Authorities:
Supervision And Support:

§ 79

Voting brochure

(1) The State Government shall draw up a voting brochure, which shall contain the voting results:

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

b) in brief, a possible justification of the application by the applicants and, if applicable, the position of the State Government and the State Parliament.

(2) Before the brochure is written, the applicants shall be given the opportunity 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 State pursuant to para. 1 lit. b 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. The copies required for this purpose shall be sent by the State Government to the municipalities at least three weeks before the voting day.

Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!