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

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Wels, Austria
Political level
local
Local Name:
Volksbefragung
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

§ 68

Consultation of the people

(1) (..) A consultation of the people on these matters shall be called if this is requested by 4% of the number of voters entitled to vote on a particular question for the preceding election to the municipal council.

(1a) The appointment and election of organs of the municipality, matters of employees of the municipality as well as matters which exclusively concern the content of a concrete individual official decision may not be the subject of a consultation of the people. (Note: LGBl. No. 41/2015)

(4) § 67 (4), (6), (8) and (9) shall apply mutatis mutandis to the conduct of the consultation of the people. (Note: LGBl. No. 41/2015)

(5) The result of the consultation shall be announced immediately by the mayor; the matter which was the subject of the consultation shall be included in the agenda of the next session of the municipal council.

§ 67

(4) In the decision to hold a referendum, the municipal council shall fix the date of the referendum. Only a Sunday or a public holiday may be fixed for this purpose.

(6) The day of the referendum shall be announced by the mayor at the same time as the question to be answered. The person entitled to vote is the person who fulfils the prerequisites for the exercise of the right to vote for the municipal council within the meaning of § 17 of the Upper Austrian Local Election Code; the deadline is the day on which the municipal council takes the decision which is to be subjected to a referendum. The voters are to be entered in voting lists using the voter evidence in the sense of the Voter Evidence Act 1973, Federal Law Gazette No. 601, last amended by the Federal Law Gazette No. 117/1996, and the European Voter Evidence in the sense of the European Voter Evidence Act, Federal Law Gazette No. 118/1996; the computer production of the voting lists is permissible. The voting lists shall be made available for public inspection in a generally accessible office on the 21st day after the day of publication for a period of five days during office hours. In all other respects, the provisions of the O.ö. Local Election Ordinance on the Registration of Eligible Persons shall apply mutatis mutandis. (Note: LGBl. No. 82/1996, 41/2015)

(8) The referendum shall be held by the municipal and district electoral authorities, which shall be appointed by O.ö. Local Election Ordinance for the Election of the Municipal Council. Otherwise the regulations of the O.ö. Municipal Election Ordinance apply mutatis mutandis to electoral cards, place and time of election, electoral procedure and special facilitations for the exercise of the right to vote for the voting procedure. 26, § 27 and § 28 para. 1 Upper Austrian BBRG shall apply mutatis mutandis to the investigation procedure. (Note: LGBl. No. 82/1996, 34/2014, 41/2015)

(9) Within five days of the announcement of the result of the referendum, objections may be raised in writing on the grounds that the determination of the result was incorrect. The objection shall be valid if it is signed by at least one per cent of those entitled to vote and contains a statement of reasons. The municipal electoral authority shall review the result of the referendum on the basis of a valid objection within five days of its receipt. If this examination reveals the incorrectness of the investigation carried out, the municipal electoral authority shall correct the result of the investigation and announce the corrected result in accordance with para. 15 first sentence. (Note: LGBl. No. 82/1996)

References: Statut für die Stadt Wels 1992 (accessed Oct. 8, 2018)

Subject Matter:

To decide on certain matters within the competence

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
4% of electorate
Available Time:
No time limit found in legal source
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
No specific approval quorum found in legal source
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

The appointment and election of organs of the municipality, matters of employees of the municipality as well as matters which exclusively concern the content of a concrete individual official decision may not be the subject of a consultation of the people.

Other Formal Requirements:

Procedural Elements

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

(2) The subject of the consultation must be formulated by the local council in the form of a question in such a way that it can be answered either with "yes" or "no" or, if two or more alternative solutions are to be decided on, the solution chosen can be clearly identified.

(3) The ballot papers may only read "Yes" or "No" or must clearly indicate the solution chosen. If an envelope contains more than one validly completed ballot paper and these ballot papers are partly "Yes" and partly "No" or indicate different proposed solutions, they shall all be invalid; if they are all either "Yes" or all "No" or all designate the same proposed solution, they shall all be counted as one ballot paper only.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!