Zulassung eines Volksbegehrens beantragen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
Referendum is the right of the people to participate in the country's legislation. Citizens eligible to vote in state elections can, under certain conditions, submit a bill to the state parliament for a resolution.
A referendum petition must be based on a drafted, reasoned bill that seeks to
- the enactment,
- the amendment or
- repeal of a state law.
Budget laws, tax laws and salary laws are not subject to a petition for a referendum.
A petition for a referendum may be submitted by at least three persons
a) after a popular initiative with an identical draft law has not been dealt with by Parliament within three months or has been rejected; or
b) directly.
In the run-up to a petition for a referendum, their representatives may seek advice from the state election administration regarding compliance with formal requirements.
Among other things, 100,000 signatures of persons eligible to vote in the state election must be collected for the approval of the referendum. The collection of the required signatures is the responsibility of the representatives of the petition for a referendum (free collection of signatures) and must be carried out on signature lists (sample according to Annex1 of the Ordinance on the Implementation of the VaG M-V). The start of the free collection of signatures shall be notified to the Landtag in writing, enclosing the draft bill. In the case of a free collection of signatures, the signatures must be provided within five months of the start of the collection, otherwise within the last six months before receipt of the application for admission by the Landtag. Only eligible voters from MV may sign.
In the case of a petition for a referendum according to variant a), a display of signature lists (sample according to Annex 2 of the Ordinance on the Implementation of the VaG M-V) may also be required at the municipal authorities for a period of two months.
After completion of the collection of signatures, the representatives of the petition for a referendum shall submit the application for admission of the petition for a referendum to the President of the Landtag.
The application must contain the following:
- A drafted bill, accompanied by reasons,
- 100,000 signatures of persons eligible to vote in the state elections,
- the names and addresses of at least three persons representing the petition for a referendum.
Thereupon, the President of the Landtag shall request the Land Election Administration to examine the formal requirements for admission.
Within three months of receipt of the application for admission of the petition for a referendum by the Landtag, the Land electoral administration shall examine whether the formal requirements for admissibility have been met, in particular whether the number of 100,000 valid signatures has been reached. Thereafter, the state election administration shall notify the representatives of the petition for a referendum of the decision on admission.
If the petition for a referendum is approved, the Landtag shall consider its bill at its next possible session. If the Landtag rejects the bill, a referendum on the bill shall be held. Those entitled to vote can vote "yes" or "no" on the bill. The procedure is the same as an election. The bill is passed if it
- it receives a majority of the valid votes cast and
- in the case of simple laws, this majority consists of at least one quarter of all those
of all those entitled to vote.
In the case of a constitutional amendment
- two-thirds of all votes cast and
- at least half of all those entitled to vote must have voted in favor.
- a drafted and reasoned bill
- at least 100,000 signatures on signature lists
Formal requirements for a signature list:
Front page:
- a heading that clearly states the purpose of collecting signatures
- the full text of the draft law and the reasons for it
- the names and addresses of the representatives of the petition for a referendum (at least 3 persons)
reverse side:
- a heading that clearly states the purpose of the collection of signatures and explicitly refers to the draft law on the front side
- a signature block with preferably 10 lines and the columns: Lfd. No.; last name, first name; date of birth; postal code, place of residence, street; personal signature; date of signing
- front and back of the signature list are firmly connected (printed on both sides)
the individual sheets are to be submitted consecutively numbered.
The application for approval of a referendum petition must include the following:
- an elaborated and reasoned draft bill,
- a list of the signatures of at least 100,000 persons entitled to vote in the state of Mecklenburg-Western Pomerania at the time they sign the petition, expressly referring to the draft law; the signatures must have been signed within the last six months before the petition was received by the state parliament,
- the names and addresses of the representatives of the petition for a referendum, and
in the case of an open collection of signatures, the signatures referred to in No. 2 must have been submitted within five months of the start of the collection.
The costs for the preparation of the template, the production of the signature lists and the provision of the signatures shall be borne by the representatives of the petition for a referendum.
In the run-up to a petition for a referendum, its representatives may seek advice from the state election administration regarding compliance with formal requirements.
The representatives of the petition for a referendum shall notify the President of the Landtag in writing of the start of the free collection of signatures and enclose the draft bill. The President of the Diet shall immediately forward the notification to the State Election Administration.
After the collection of signatures has been completed, the representatives of the petition for a referendum shall submit the application for admission of the petition for a referendum to the President of the Diet.
The President of the Landtag shall then ask the Land electoral administration to examine the formal requirements for admission.
The state election administration shall decide within three months on the admissibility of the petition for a referendum.
If the petition for a referendum is admissible, the President of the Landtag shall arrange for it to be dealt with immediately after receipt in the next possible session of the Landtag in accordance with the rules of procedure of the Landtag.
If the Landtag adopts the requested bill within six months, essentially unchanged, there shall be no vote on the petition for a referendum pursuant to Article 60 of the Land Constitution.
- The support signature for a petition for a referendum must be provided within five months of the start of the petition for a referendum or within the last six months before the petition for a referendum is received by the Landtag.
- The Land electoral administration shall decide on the admissibility of the petition for a referendum within three months of receipt of the application for admission by Parliament.
- The President of Parliament shall arrange for the petition for a referendum to be dealt with immediately after its receipt at the next possible session of Parliament in accordance with the Rules of Procedure of Parliament.
- If the Landtag adopts the bill sought to be passed within six months essentially unchanged, a vote on the popular petition (referendum) pursuant to Article 60 of the Land Constitution shall not be required.
- If Parliament rejects a bill submitted by petition for a referendum or fails to decide on it within six months, a referendum on the bill shall be held at the earliest three months and at the latest six months after the decision to reject it or the expiry of the deadline.
Referendum is the right of the people to participate in the country's legislation. Citizens eligible to vote in state elections can, under certain conditions, submit a bill to the state parliament for a resolution.
For advice regarding the necessary compliance with formal requirements of a planned petition for a referendum, representatives of the petition for a referendum may contact the state election administration in writing.
The application for approval of a referendum shall be submitted to the Diet, represented by the President.