Vorarlberg, Austria, regional Obligatory referendum [LOR] - Obligatorische Volksabstimmung

General Typology

Instrument
Obligatory referendum [LOR]
Location
Vorarlberg, Austria
Political level
regional
Local Name:
Obligatorische Volksabstimmung
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 35

Referendum on legislative decisions

(2) Decisions to amend the Constitution by law which abandon the status of Vorarlberg as an independent State, reduce the territory of the State, abolish the equal and direct right to vote in Parliament, or abolish the rights of voters and local authorities to submit citizen initiatives and to demand referenda and popular consultations shall in any case be subject to a referendum.

(3) A referendum shall be decided by a majority of the votes cast. The result of the referendum shall be officially announced by the State Government.

4) If a referendum was requested before the promulgation of the enactment, the promulgation of the enactment shall be delayed until the referendum has taken place.

(5) Legislative decisions based on a referendum shall be published with reference to the result of that referendum.

(6) The Parliament of the State shall also have the power to hold a referendum on the incorporation of individual principles into a law to be enacted and on other important issues throughout the State or in parts thereof.

(7) The procedure shall be specified by statute.

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


Section 1

Mandatory referendum

§ 30

The President of the Parliament shall inform the Government of the State of the existence of the conditions for holding a referendum in accordance with Article 33(5) or Article 35(2) of the Constitution without undue delay.

Preparation of the referendum

§ 39

Decree

(1) The State Government shall by ordinance order a referendum if

(a) the conditions for a compulsory referendum are met,

b) the Parliament has decided to hold a referendum, or

c) the State Electoral Authority has decided in accordance with § 37 that a referendum shall be held.

(2) The ordinance shall contain the following information

(a) the question to be put to the persons entitled to vote for decision,

(b) the date of the vote,

(c) the voting area,

(d) the reference date.

(3) The question to be put to the voters for decision shall be such that it can be clearly answered with "yes" or "no". If a legislative resolution is the subject of a referendum, the question shall be whether this resolution should acquire the force of law. In the case of an obligatory referendum under Article 33(5) of the Constitution, the question shall be whether the State Parliament should take account of the referendum.

(..)

(5) The holding of several referenda and popular consultations may be ordered for the same voting day. However, a referendum or popular consultation may not be held on a day on which there is an election to a general representative body or to the European Parliament.

§ 56

Determination of the result of the vote by the State Electoral Authority

On the basis of the submitted minutes of all Municipal Election Authorities, the State Electoral Authority shall correct any errors in the numerical results, determine the overall result of the referendum in the voting area and record it in a minute. A copy of the minutes shall be transmitted to the State Government without unnecessary delay.

§ 57

Announcement of the result of the referendum

(1) The State Government shall publish the result of the referendum in the Official Gazette for the State of Vorarlberg.

(2) If the subject of the referendum was the question as to whether a particular resolution of a statute should acquire the force of law, and the majority answered this question with "yes", the provincial governor shall publish the resolution of a statute in the provincial law gazette with reference to the result of the referendum.

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

Subject Matter:

Decisions to amend the Constitution by law which abandon the status of Vorarlberg as an independent State, reduce the territory of the State, abolish the equal and direct right to vote in Parliament, or abolish the rights of voters and local authorities to submit citizen initiatives and to demand referenda and popular consultations

Actors

Author:
Parliament
Initiator:
Law
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

The issues above, mentioned in the constitution only

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

The question to be put to the voters for decision shall be such that it can be clearly answered with "yes" or "no". If a legislative resolution is the subject of a referendum, the question shall be whether this resolution should acquire the force of law.

Interaction With Authorities:
Supervision And Support:

§ 42

Booklet on voting

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

a) a copy of the Ordinance on the Order of the Referendum,

(b) depending on the subject of the vote, the substance of the legislative decision, a description of the individual principles to be included in a law to be enacted, the wording of the other important questions or the wording of the petition for a referendum which Parliament has not taken into account; and

c) 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) Applicants shall be given the opportunity, prior to drafting the brochure, to rectify 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. 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. 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!