Citizens' petition and referendum
Citizens' petition
A citizens' petition is a written request for a referendum by citizens and eligible voters in accordance with Section 16 SächsGemO, i.e. adult citizens of another EU country who have lived in the municipality for more than three months. This is a form of direct democracy, i.e. the citizens themselves decide on matters that affect them. The citizens' petition is regulated in Section 25 of the Saxon Municipal Code.
A quorum of 15 per cent is required by law. This means that 15 per cent of citizens and eligible voters living in the municipality must submit their votes for an election or referendum to be valid. The Chemnitz City Council has reduced this number to at least 5 per cent of those entitled to vote in Chemnitz.
In the case of an admissible citizens' petition, a referendum must be held in accordance with Section 24 SächsGemO. This allows citizens and eligible voters to decide, with restrictions, on a question put to the vote for which the city council would be responsible. The city council itself can also insist on a referendum being held with a two-thirds majority.
Procedure for a citizens' petition
The Saxon Municipal Code regulates the procedure for a citizens' petition (Section 25 SächsGemO).
According to the SächsGemO, a citizens' petition may only deal with matters that have not already been the subject of a referendum based on a citizens' petition within the last three years. In addition, the petition must contain a question to be decided with a yes or no vote and a statement of reasons. Three representatives must be appointed who are authorised to receive communications and decisions from the municipality and who are authorised to make statements.
The petition must contain a feasible proposal to cover the costs of the requested measure. Certain deadlines apply. If the petition is directed against a resolution of the municipal council, it must be submitted within two months of the public announcement of the resolution.
The municipal council decides on the admissibility of the petition. The decision must be publicised in the official gazette. If the petition is admissible, the referendum must be held within three months.
Further information
Referendum
According to Section 24 SächsGemO, a referendum is the result of an admissible citizens' petition or a resolution by the municipal council with a two-thirds majority.
According to the law, a referendum can be held on all issues for which the municipal council is responsible.
A referendum therefore does not take place on:
- instruction tasks
- Questions concerning the internal organisation of the municipal administration
- Budget statutes and business plans
- Municipal taxes, tariffs and fees
- Annual financial statements and overall financial statements as well as annual financial statements of special assets and trust assets
- Legal relationships of municipal councillors, the mayor and municipal employees
- Decisions in appeal proceedings
- Motions that pursue unlawful objectives
The majority of valid votes decides the referendum question if this majority is at least 25 per cent of those eligible to vote. If the required majority is not reached, the municipal council must decide.