Referenda Act (2015)

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** TEXT CURRENT AS OF 14TH JUNE 2020 **


Referenda Act (2015)
An Act to regulate the procedures used in Referenda.

Short Title

(1)
This Act may be cited as the Referenda Act (2015).

Administration of Referenda

(2)
Referenda must be administered by a Supreme Chancellor or their designee, except as provided for in s3.

(3) Referenda to remove a Supreme Chancellor must be administered by the Chief Justice or their designee.

(4) The administrator of a referendum may reasonably delegate the whole or any part of the administration of the referendum to any competent individual, as long as said delegation does not violate any applicable laws. Regardless of any delegation, overall responsibility remains with the primary administrator.

(5) Those who are responsible for administering referenda have discretionary authority to resolve matters arising in connection with this responsibility, so long as the resolution of such matters is reasonable and in accordance with applicable laws.

(6) Any referendum to remove an Official from Office must not be administered by said Official.

Schedule of Referenda

(7)
A referendum is triggered the moment a petition is presented in a public area and concurrently has the support of the required number of citizens.

(8) The amount of support necessary for a petition to trigger a referendum is calculated through the last Presidential election before the petition was presented.

(9) After a petition is presented in a public forum, the petition must accumulate the required support within 21 days and, in the case of petitions to remove an elected official from office, before the next election for that office; a petition failing to accumulate the required support in the allowed time period is void.

(10) A referendum, once triggered, must go to a vote.

(11) Once a referendum has been triggered, the referendum administrator must publicly announce a debate period within three days.

(12) The debate period must be at least 72 hours.

(13) After the minimum debate period of 72 hours, the administrator shall call a vote as soon as practicable, unless substantive debate is on-going. In the case of on-going substantive debate, the debate period may be extended in 48 hour segments at the discretion of the administrator.

(14) Once the debate period has ended, the referendum administrator must call a vote on the issue under consideration as soon as it is practical.

Outcomes and Participation

(15)
All citizens may vote in referenda; non-citizens may be allowed to participate in debate at the discretion of the administrator.

(16) The Question at issue shall require a simple majority, meaning half the votes plus one, to be answered in the affirmative, unless otherwise specified by legislation.

(17) The percentages of a referendum are calculated based on the total number of votes cast.

(18) The voting period shall last for 24 hours. Administration of voting periods shall adhere to this timing within practical reason but must not allow a period less than twenty-four hours.
 
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Senate Clerk

Active member


Text With Amendments


Referenda Act (2015)
An Act to regulate the procedures used in Referenda.

Short Title

(1)
This Act may be cited as the Referenda Act (2015).

Administration of Referenda

(2)
Referenda must be administered by a Supreme Chancellor or their designee, except as provided for in s3.

(3) Referenda to remove a Supreme Chancellor must be administered by the Chief Justice or their designee.

(4) The administrator of a referendum may reasonably delegate the whole or any part of the administration of the referendum to any competent individual, as long as said delegation does not violate any applicable laws. Regardless of any delegation, overall responsibility remains with the primary administrator.

(5) Those who are responsible for administering referenda have discretionary authority to resolve matters arising in connection with this responsibility, so long as the resolution of such matters is reasonable and in accordance with applicable laws.

(6) Any referendum to remove an Official from Office must not be administered by said Official.

Schedule of Referenda

(7)
A referendum is triggered the moment a petition is presented in a public area and concurrently has the support of the required number of citizens.

[[(8) The amount of support necessary for a petition to trigger a referendum is calculated through the last Presidential election before the petition was presented. ]2]3

(9)
After a petition is presented in a public forum, the petition must accumulate the required support within 21 days and, in the case of petitions to remove an elected official from office, before the next election for that office; a petition failing to accumulate the required support in the allowed time period is void.

(10) A referendum, once triggered, must go to a vote.

(11) Once a referendum has been triggered, the referendum administrator must publicly announce a debate period within three days.

[(12) The debate period must be at least 72 hours.

(13) After the minimum debate period of 72 hours, the administrator shall call a vote as soon as practicable, unless substantive debate is on-going. In the case of on-going substantive debate, the debate period may be extended in 48 hour segments at the discretion of the administrator.]1

(14) Once the debate period has ended, the referendum administrator must call a vote on the issue under consideration as soon as it is practical.

Outcomes and Participation

(15)
All citizens may vote in referenda; non-citizens may be allowed to participate in debate at the discretion of the administrator.

(16) The Question at issue shall require a simple majority, meaning half the votes plus one, to be answered in the affirmative, unless otherwise specified by legislation.

(17) The percentages of a referendum are calculated based on the total number of votes cast.

[(18) The voting period shall last for 24 hours. Administration of voting periods shall adhere to this timing within practical reason but must not allow a period less than twenty-four hours.]1


Legislative History


This Act became Law on 5th October 2015.
1Referenda Amendment (2016).
2Executive Split Amendments and Repeals Act (2019).
3 Executive Modernization Act (2020).

 
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