Which Municipality Counts the Referendum Signatures?
A citizens' initiative in a town of 38,000 residents wants a local referendum on closing a municipal landfill. The organizers collect 3,200 signatures. The municipal council refuses to schedule the vote, arguing that the initiative needed signatures equal to 10 percent of the voters in the last local elections, and that the signatures were collected across three adjacent municipalities. The organizers counter that the landfill serves only their town and that the regional governor should decide. The town is in a region where the last local elections had 31,000 registered voters in the town itself. The mayor asks the municipal legal department for a position before the next council session.
1. Was the 10 percent threshold met, and which electorate is the correct reference group?
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The threshold is measured against the voters in the relevant municipality, not the whole region or three municipalities combined. Ten percent of 31,000 is 3,100. The organizers submitted 3,200 signatures, so numerically the threshold is met - but only if the signatures belong to voters registered in that town. Signatures from the adjacent municipalities do not count toward the town's total. The legal department should verify the electoral rolls and exclude non-residents before deciding. If at least 3,100 valid town signatures remain, the council cannot reject the initiative on numerical grounds.
2. Can the municipal council lawfully refuse to schedule the referendum for other reasons?
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The council has limited discretion. Under the Local Self-Government and Local Administration Act and the Referendum Act, if a valid initiative meets the formal requirements, the council must adopt a decision to hold the referendum. It may refuse only on legal grounds, such as invalid signatures, a subject outside municipal competence, or a proposal that would breach the Constitution or law. A landfill closure affecting municipal services is within municipal competence. The council cannot refuse simply because it disagrees with the policy. If it refuses unlawfully, the organizers may challenge the refusal before the administrative court.