Zacatecas, Mexico, local Popular or citizen-initiated referendum [PCR] - Referéndum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Zacatecas, Mexico
Political level
local
Local Name:
Referéndum
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;

FOURTH CHAPTER
POPULAR CONSULTATION AND INITIATIVE
Article 45 The referendum is a democratic instrument of popular consultation, by which, by means of the majority vote of the voters, in the terms established by law, it approves or rejects legislative provisions of notorious transcendence for common life at the state or municipal level.
The referendum may be total or partial, depending on whether it refers to an entire law or only to some of its precepts.
Regulatory legislation shall establish the matters that may be the subject of a referendum, the requirements for convening a referendum and the body empowered to do so, as well as the deadlines for its conduct, the procedures to which it shall be subject, the minimum percentages of electoral participation and the effects produced by its results.
In no case and for no reason may a referendum be called on electoral, tax or fiscal matters, the income and expenses of the State, nor with respect to reforms to the State Constitution or local laws that have been issued to adapt the legal framework of the State to the reforms or additions made to the Political Constitution of the United Mexican States.
The State Legislature shall call a referendum at the request of:
I. The Governor of the State;
II. The equivalent of thirty-three percent of the Deputies of the Legislature;
III. The equivalent of thirty-three percent of the City Councils, which make up the State; or
IV. Citizens, in a number equivalent to at least two per cent of those registered on the nominal list of voters in the State, under the terms determined by Law.
The referendum shall be held on the same day as Election Day. When the total participation in the referendum 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 Legislative and Executive powers 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 invested with legal personality and full capacity to manage its assets. It has the following powers and duties: V. Municipalities shall have the power to approve, in accordance with the laws on municipal matters, the bands of police and government, regulations, circulars and administrative provisions of general observance within their respective jurisdictions, which organize the municipal public administration, regulate the matters, procedures, functions and public services of their competence and ensure citizen and neighborhood participation.

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 13. Definition
1. The Referendum is the process of citizen participation by means of which, through its majority vote, citizens approve or reject laws or regulations, in its total or partial content.

Article 15. Applicants of Referendum
IV. the Zacatecan Citizens:
(a). the municipality concerned, in terms of municipal regulations, provided applicants, constitute at least 10% of the respective electoral roll, when it does not exceed ten thousand electors; seven per cent when it has more than ten thousand one up to thirty thousand; and five per cent when the register is greater;

Article 16. Deadline for submitting the application
1 They may request the completion of plebiscite:
1. The Referendum request must be in written form before the Institute, within thirty calendar days following the date of publication in the official newspaper, organ of the Government, the application of the legal system.

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

Subject Matter:

To call a referendum on municipal regulations

Actors

Author:
Municipalities
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
10-7-5% depending on size (Art.15)
Available Time:
30 days
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
None
Excluded Issues:

Article 4
1. In no case and for no reason, a Referendum may be submitted on reforms to the Constitution of the State, or local laws that have been issued to adapt the legal framework of the State, reform or additions that are made to the political Constitution of the Mexican United States.
2. Neither may be submitted, any referendum on fiscal or tax matters, or in the case of fees for public services.

Other Formal Requirements:


Article 17. The application requirements of referendum presented by citizens
1. If the request of Referendum is lodged by citizens, it must meet the following requirements:
(a) Complete name;
(b) Address;
(c) Voter key;
(d) Number of voting id;
(e) Electoral section; and
(f) Signature.
II. Name of the common representative and address for hearing notices in the city of Zacatecas. If such signs are not made, it will be common representative who head the list of applicants, and notifications will be made by plenum;
III. Explanatory statement;
IV. the general rule that is requested to be submitted to a Referendum; and
V. Authorities participating in the legislative process of the general rule regarding the request.

Procedural Elements

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

Article 45. Period of propaganda
1. Propaganda acts may be made from the publication of the call and until three days before the day of consultation and should encourage exposure, development and discussion of the objectives of the Referendum or plebiscite.

Article 46. Identification and placement of advertising
1. All printed propaganda that is used or spread during the consultation processes should contain the full identification of those who make it circular and won't have more limitations than the respect for the rights of others and will avoid violating the dignity of persons and institutions.
2. For placement and fixation of the propaganda provisions of the Electoral Code will apply.

Transparency And Finance:

Practice

Archive:
Remarks:

*Note: No newer version of the law found which provides these binding quorums (Date of research: March 2019)

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