Zacatecas, Mexico, local Plebiscite [ATP] - Plebiscito

General Typology

Instrument
Plebiscite [ATP]
Location
Zacatecas, Mexico
Political level
local
Local Name:
Plebiscito
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Article 14. The rights of Zacatecan citizens are:
III. participate in the processes of referendum, plebiscite, popular initiative and revocation of the mandate to be convened under the terms of this Constitution and its regulatory laws;

Article 46 The Plebiscite is an instrument of popular consultation through which the acts of government that they intend to carry out, at the state or municipal level, may be submitted to the consideration of the citizens for their approval or, in their case, disapproval.
The plebiscite will be applicable to the acts that correspond to the State Legislature in relation to the suppression, merger or formation of Municipalities. Agreements concerning the tariffs of public services are not subject to consultation through plebiscite. The plebiscite shall be held on the same day as Election Day.
When the total participation in the plebiscite is greater than forty percent of the citizens registered in the nominal list of voters in the State in the same sense, the result shall be binding on the local Executive and Legislative branches and on the competent authorities.*

OF THE POWERS AND DUTIES OF THE City COUNCIL
Article 119. The City Council is the supreme organ of Government of the municipality.
It is vested with legal personality and full capacity to manage their heritage. It has the powers and duties following:
IX. Iinform the population monthly, by appropriate means to the characteristics of each municipality, on the work done during this period and publish every three months a report on the State of public finances.
All municipal regulations must be published prior to their entry into force. Also, the outcome of the consultations carried out by way of plebiscite or referendum should be public knowledge, as well as related to popular initiatives presented to the Council
Failure to comply with these obligations will give reason to sanctions that are established by the respective laws;
X. To call citizens to submit initiatives of municipal regulations and proposals to improve the Administration and public services;
XIII. To submit acts to plebiscite, which by their significance require approval of the inhabitants of the municipality, in accordance with the procedure and terms specified in the law;

References: CONSTITUCIÓN POLÍTICA DEL ESTADO LIBRE Y SOBERANO DE ZACATECAS, 1998 (2018) (accessed March 11, 2019)

Article 3 . Effects of citizen participation
1. In no case, the results of the referendum, the plebiscite or the right of initiative, will produce binding or mandatory effects for the authorities.
2. The results of referendum and plebiscite, means only to register them in official document, which shall be published through social media.
3. The results of the referendum and plebiscite, are taken as input from the public, so that the corresponding authorities, .value the desirability of reviewing the legal framework and the actions of Government, adopting if necessary, corrective measures.

Article 24
1. The plebiscite is the mechanism of public participation whereby, through the majority of the citizens, approve or reject acts of the Executive, the legislature and local councils.

Article 25. Scope and object of the plebiscite
1. The plebiscite can be State or municipal. These are subject to plebiscite:
II. acts or decisions of councils and their dependencies, that because of its relevance could alter in an important way way, economic, political or social development of the municipality;

Article 27. Applicants of the plebiscite
III. the municipalities with regard to their own actions or decisions;

Article 62. Municipal popular initiative
1 Councils may call the citizens by submitting initiatives of municipal regulations and proposals to improve the Administration and public services.

References: LEY DE PARTICIPACIÓN CIUDADANA PARA EL ESTADO DE ZACATECAS (2012) (accessed March 11, 2019)

Subject Matter:

To call a plebiscite about municipal regulations, actions or decisions

Actors

Author:
Municipalities (Councils)
Initiator:
Municipalities (Councils)
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
None
Excluded Issues:

Art. 25 (..)
2 No object of plebiscite will be acts performed by the authority mandated by law, nor the agreements relating to the rates of the public services.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

*No newer version of the law found which provides these binding quorums (Date of research: March 2019) - Compare to Art. 3 of the law.

The English version here is a courtesy translation only. Only the original Spanish version is binding.