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Citizens' petition and referendum in the municipality; implementation
The "citizens' petition and referendum" instruments introduced in Bavaria in 1995 enable citizens to decide directly on many municipal matters.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
A referendum has the effect of a municipal council resolution.
Requirements
Citizens' petitions/referendums are only permitted on matters within the municipality's own sphere of influence. Excluded from this are matters that are the responsibility of the first mayor by law, issues relating to the internal organization of the municipal administration, the legal relationships of municipal council members, the mayor and municipal employees and the budget statutes.
The citizens' petition must be submitted to the municipality and contain a question to be decided by a "yes" or "no" vote as well as a statement of reasons. It must also name up to three people who are authorized to represent the signatories. Depending on the size of the municipality, the petition must be signed by at least 3% to 10% of the municipality's citizens.
If there are no legal objections to the petition, the municipal council must determine its admissibility; a referendum must be held. In a referendum, the question posed is decided in the sense that it has been answered by the majority of valid votes cast. This majority must
- at least 20% in municipalities with up to 50,000 inhabitants,
- up to 100,000 inhabitants at least 15 % and
- at least 10 % in municipalities with more than 100,000 inhabitants
of those entitled to vote (i.e. the members of the municipality entitled to vote).
You can find out more from your municipality.
Fees
The costs incurred for a citizens' petition are not reimbursed by the municipality; in contrast, the costs of the referendum are borne by the municipality.
Deadlines
After the petition for a referendum has been submitted, the municipal council must decide on the admissibility of the petition for a referendum without delay, but at the latest within one month.
Once admissibility has been established, the referendum must be held on a Sunday within three months; this period may be extended by a maximum of three months in agreement with the authorized representatives.
Legal bases
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Art. 18a Gemeindeordnung für den Freistaat Bayern (Gemeindeordnung - GO)Bürgerbegehren und Bürgerentscheid
Appeal
Administrative court action
Related issues
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Citizens' petitions and referendum in the district; implementation
The "citizens' petition and referendum" instruments introduced in Bavaria in 1995 enable citizens to make their own direct decisions on many district issues.
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Referendum and plebiscite; informationReferendums and petitions for referendums are instruments of direct democracy.
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Election assistant; appointment
As honorary members of the electoral and postal ballot boards, electoral assistants are responsible for the proper conduct of elections and votes and for determining and establishing the results.
Status: 21.08.2024
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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