Zacatecas, Mexico, regional Popular or citizen-initiated referendum [PCR] - Referéndum/Plebiscito

General Typology

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

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.*

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. 

Article 47 The State Legislature shall call a plebiscite under the terms established by law, at the request of:
IV: Citizens, in a number equivalent to at least two percent of those registered on the nominal list of voters in the State.
When the subject matter of the plebiscite affects the interests of one or more municipalities, it may be requested by the City Councils involved. The regulatory law shall establish the basis for the holding of the plebiscite, the rules contained in article 45 regarding the referendum being applied accordingly.

Article 65. Powers and duties of the legislature are:
XLV. Request convening of plebiscite and referendum, formalize their results and send them to the Executive for publication.
Convene consultation forums to citizens, and carry them out in order to obtain information and opinions that contribute to the full exercise of the powers granted by this Constitution;

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:
(b). the State, residing in any municipality, provided that they constitute five percent of the electoral roll, in the case of State law.

Article 16. Deadline for submitting the application
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.

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:
I. the acts or decisions of the Governor of the State, or of the holders of the units of the Executive Branch, that are considered of significance for public life or the social interest;
II. acts or decisions of councils and their dependencies, that because of its relevance could alter transcendent way, economic, political or social development of the municipality; and
III. acts that you make to the legislature of the State in relation to the creation, merger or elimination of municipalities.
2 Not be object of plebiscite acts performed the authority mandated by law, nor the agreements relating to the rates of the public services.

Article 27. Applicants of the plebiscite
1 Those may request the realization of a plebiscite:
IV. the citizens of the State which constitute five percent of the State electoral roll, in the case of acts or decisions of the Executive or legislative;

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

Subject Matter:

To call a plebiscite on approval or rejection of laws or regulations, in its total or partial content; on acts or decisions of the Governor of the State, or of the holders of the units of the Executive Branch, that are considered of significance for public life or the social interest;

Actors

Author:
Parliament -Executive
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% of electorate
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.

Article 28. Requirements of the plebiscite request submitted by citizens.
1. If the plebiscite request is presented by citizens, it must meet the following requirements:
I. Of each of the applicants, the following data:
(a) Complete name;
(b) Address;
(c) Voter key;
(d) Number of the voting id card;
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 the representative who heads the list of applicants, and notifications will be made by the plenary;
III. Explanatory statement;
IV. The act requested submitted to plebiscite; and
V. Authorities participating in the matter of the application Act.

Procedural Elements

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

Article 32. Rules to resolve the request
I. With respect to the Act reason for the request is likely to be submitted to a plebiscite;
II. Whether the application has been filed in time and meets the requirements established by law; and
III. Comments, where appropriate, of the authority.

Supervision And Support:
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.