CHAPTER II: Voter participation in local decision-making

The deliberative assembly of a territorial authority may submit to a local referendum any draft resolution intended to regulate a matter within the competence of that authority.

The executive of a territorial authority alone may propose to the deliberative assembly of that authority that any draft act falling within the powers it exercises on behalf of the authority, with the exception of individual draft acts, be submitted to a local referendum. .

In the cases provided for in articles LO 1112-1 and LO 1112-2, the deliberative assembly of the territorial community, by a single deliberation, determines the procedures for organising the local referendum, sets the polling day, which may not take place less than two months after the deliberation has been transmitted to the State representative, convenes the electors and specifies the draft act or deliberation submitted to the electors for approval….

The deliberation deciding to organise a local referendum adopted by the deliberative assembly of a territorial community other than the commune is notified, within fifteen days of its receipt, by the State representative to the mayors of the communes located within the jurisdiction of that community, unless his request for suspension has been granted. The mayors organise the ballot. If a mayor refuses to organise the ballot, the representative of…

Expenses relating to the organisation of the referendum constitute a compulsory expense of the territorial authority that decided on it. Expenses resulting from electoral assemblies held in communes for the organisation of a referendum decided on by another territorial authority are reimbursed to them by that authority on a flat-rate basis, by means of an allocation calculated on the basis of the number of registered voters in the commune and…

A territorial authority may not organise a local referendum: 1° As from the first day of the sixth month preceding that in which the general renewal or the renewal of a series of members of its deliberative assembly is to be held; 2° During the campaign or on the polling day scheduled for consultations organised within its jurisdiction on the basis of the last paragraph of Article 72-1, of Article…

The project submitted to a local referendum is adopted if at least half of the registered voters have taken part in the ballot and if it obtains a majority of the votes cast. The text adopted by referendum is subject to the rules of publicity and control applicable to a deliberation of the deliberative assembly of the local authority or to an act of its executive.