Citizens' petitions and referendums in the municipality; implementation

Citizens’ initiatives and referendums are only permitted on matters falling within the municipality’s own sphere of competence. Excluded from this are matters which, by law, fall within the remit of the mayor; issues relating to the internal organisation of the municipal administration; the legal status of future mayors; the legal relationships of local councillors, the mayor and municipal staff; and the budgetary regulations.

The citizens’ initiative must be submitted to the local authority and must contain a question to be answered with ‘Yes’ or ‘No’, as well as a statement of reasons. It must also name up to three persons who are authorised to represent the signatories. Depending on the size of the local authority, the citizens’ initiative must be signed by at least 3% to 10% of the local residents.

If there are no legal objections to the citizens’ initiative, the local council must declare it admissible; a referendum must then be held. In a referendum, the question put to the vote is decided in the sense in which it was 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 eligible to vote (i.e. residents of the municipality who are eligible to vote). You can contact your local council for further details

.

Once the citizens’ initiative has been submitted, the local council must decide on its admissibility without delay, and in any event within one month.

Once admissibility has been confirmed, the referendum must be held on a Sunday within three months; this period may be extended by a maximum of three months by mutual agreement with the authorised representatives.

• Art. 18a Municipal Code for the Free State of Bavaria (Municipal Code - GO)

  Citizens' petition and referendum