By Establishing Rules On Citizen Participation Mechanisms Are Held

Original Language Title: Por la cual se dictan normas sobre mecanismos de participación ciudadana

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134 OF 1994

(May 31)

Official Journal 41.373 of 31 May 1994.

for which rules on mechanisms for citizen participation are dictated.

The Congress of Colombia

DECRETA:

TITLE I.

OBJECT AND DEFINITIONS.

ARTICLE 1o.   present statutory law of the mechanisms for the participation of the people regulates the popular legislative and legislative initiative; the referendum; the popular consultation, the national, departmental, county, municipal and local elections; the recall of the mandate; the plebiscite and the open council.

Sets out the fundamental rules governing the democratic participation of civil organizations.

The regulation of these mechanisms will not prevent the development of other forms of citizen participation in the political, economic, social, cultural, university, union, or trade union of the country, nor the exercise of other political rights. mentioned in this Law.

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ARTICLE 2o. POPULAR LEGISLATIVE AND REGULATORY INITIATIVE BEFORE PUBLIC CORPORATIONS. The popular legislative and legislative initiative before public corporations is the political right of a group of citizens to present the Legislative and Legislative Act Project. law before the Congress of the Republic, of Ordinance before the Departmental Assemblies, of Agreement before the Municipal or District Councils and of Resolution before the Local Administrative Boards, and other resolutions of the corporations of the territorial entities, in accordance with the laws that regulate them, as the case may be, so that are discussed and subsequently approved, modified or denied by the relevant public corporation.

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ARTICLE 3o. REFERENDUM. It is the call to the people to approve or reject a draft of a legal standard or to repeal or not an existing norm.

PARAGRAFO. The referendum can be national, regional, departmental, district, municipal, or local.

(Exequible, in the sense set forth in the Constitutional Court's 1994 C-180 judgment).

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ARTICLE 4. repeal is the submission of a legislative act, a law, an ordinance, an agreement or a local resolution in one of its parts or in its entirety, to the people's consideration for this decide whether to repeal it or not.

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ARTICLE 5o. referendum approving is the submission of a draft legislative act, a law, an ordinance, an agreement or a local resolution, a popular initiative that has not been adopted by the public corporation. for the people to decide whether to approve or reject it, in whole or in part.

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ARTICLE 6o. RECALL OF THE MANDATE. The recall of the term of office is a political right, through which citizens terminate the mandate given to them by a governor or a mayor.

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ARTICLE 7o. THE PLEBISCITE. The plebiscite is the pronouncement of the people called by the President of the Republic, by which he supports or rejects a certain decision of the Executive.

(Exequible, in the sense set forth in the Constitutional Court's 1994 C- 180 Judgment).

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ARTICLE 8o. POPULAR QUERY. The popular consultation is the institution through which, a general question on a matter of national, departmental, municipal, district or local transcendence is submitted by the President of the Republic, the The governor or the mayor, as the case may be, considered by the people to have a formal decision on the matter.

In all cases, the decision of the people is mandatory.

When the consultation refers to the desirability of convening a constituent assembly, the questions will be subject to popular consideration by law approved by the Congress of the Republic.

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ARTICLE 9o. OPEN Cabildo. The open council is the public meeting of the district, municipal or local administrative boards, in which the inhabitants can participate directly in order to discuss matters of interest to the community.

TITLE II.

REGISTRATION AND PROCESSING OF LEGISLATIVE AND REGULATORY INITIATIVES AND THE REQUEST FOR REFERENDUMS.

CHAPTER I.

REGISTRATION OF LEGISLATIVE AND REGULATORY INITIATIVE AND REFERENDUM REQUEST.

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ARTICLE 10. THE PROMOTERS AND SPOKESPERSONS. To be a promoter of a legislative and normative initiative or a referendum request, it is necessary to be a citizen in exercise and to count on the support of the five per thousand of the citizens registered in the respective Electoral census, in compliance with this requirement, may also be promoters, a civic, trade union, union, indigenous or communal organization of the national, departmental, municipal or local order, as the case may be, or a political party or movement. comply with the requirement of legal status in all cases.

In addition to compliance with the requirements of paragraph 1; in the case of organizations, political parties or movements, the legislative and regulatory initiative and the request for a referendum must be approved in assembly, congress or convention, by the majority of voting assistants, and it will be the same assembly that chooses them.

They must be constituted in committee and register as such before the Civil State Registry of the corresponding electoral constituency. This committee will be composed of nine citizens, and will elect the spokesperson, who will chair and represent him. If the sponsor is the same organization, party or movement, the committee may be composed of its directives or the persons designated for that purpose.

In the event that the legislative initiative is presented by a group of councilors or deputies, the committee will be composed of five of them, in one and another case, who will elect their spokesman. For the sole fact of being a councillor or a Member you can be a promoter.

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ARTICLE 11. THE FORM FOR THE REGISTRATION OF LEGISLATIVE AND NORMATIVE INITIATIVES OR OF REFERENDUM REQUESTS. The form for the registration of a legislative and normative initiative or of a request of the referendum, will be elaborated by the Registration of the corresponding Civil State, in accordance with the instructions on the matter by the National Electoral Council, and must be delivered free of charge to the person who requests it.

In this form, the number of signatures that must be collected must appear, instead of visible, so that the promoters can present the legislative and regulatory initiative or the request for the referendum and the warning that any fraud in the process of collecting signatures will be punished criminally.

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ARTICLE 12. REQUIREMENTS FOR THE REGISTRATION OF LEGISLATIVE AND REGULATORY INITIATIVES OR REFERENDUM REQUESTS. At the time of the registration of a legislative and regulatory initiative or of the request for a referendum, the spokesperson of the committee of promoters must submit the form given to you by the corresponding Civil State Registry, with the following information:

(a) The full name and number of the identification document of the members of the committee of promoters and their spokesman, previously registered with the relevant registrars;

(b) The explanatory statement of the legislative and regulatory initiative or of the referendum application promoting and the summary of the content of the legislative initiative;

c) In the case of the popular legislative and regulatory initiative before a public corporation, or the application for an approval referendum, the title that describes the essence of its content, and the draft of the articles;

(d) In the case of legislative and regulatory initiatives or of the requests for a referendum presented in the framework of a territorial entity, a space in which the place and address of the residence of those who support their registration are indicated;

e) The name of the organizations supporting the legislative and regulatory initiative or the referendum request with proof of their existence and copy of the minutes of the assembly, congress or convention in which the decision was adopted, or, in its defect, the list with the name, signature, and identification document number of the people who support these processes;

(f) In the case of a request for a derogation, the text of the rule to be repealed, the number identifying it and the date of its issue;

g) When the legislative initiative is promoted by councilors or deputies, the municipality or department concerned.

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ARTICLE 13. DRAFTING OF POPULAR LEGISLATIVE AND REGULATORY INITIATIVES. Every popular legislative and legislative initiative before a public corporation must be drafted in the form of a draft legislative, law, ordinance, agreement or resolution local, as the case may be, and refer to the same subject.

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ARTICLE 14. REGISTRATION OF LEGISLATIVE AND REGULATORY INITIATIVES AND REFERENDUM REQUESTS. The corresponding registrar will assign a consecutive number of identification to legislative and regulatory initiatives as well as to requests for a referendum, with which shall indicate the order in which they have been entered and the date of their registration. It shall keep a record of all legislative and regulatory initiatives and of the registered referendum requests, and shall immediately inform the relevant corporation or, in the case of the recall of the mandate, the person involved, and will inform the citizenry on a quarterly basis, by an appropriate means of written communication, on the ongoing signature collection processes.

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ARTICLE 15. EFFECTS OF THE REGISTRATION. The registration of popular legislative and normative initiatives before the Registry of the Civil State concerned, does not prevent the respective public corporation from deciding on such matters in the same sense or in a different sense from the popular legislative and regulatory initiative. If you do so, you must expressly indicate whether your decision agrees or contradicts the initiative, as well as the reasons for this.

CHAPTER 2.

PROCESSING LEGISLATIVE INITIATIVE AND REFERENDUM REQUESTS.

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ARTICLE 16. THE FORM FOR THE PROCESSING OF LEGISLATIVE AND REGULATORY INITIATIVES AND OF THE REFERENDUM REQUESTS. The document on which citizens who support the legislative and regulatory initiative or the referendum request will sign, must be a a form other than the form in which the registration was made in the relevant registry and shall contain at least the following information:

(a) The number that the Civil State Registry assigned to the legislative and regulatory initiative or to the request for a referendum;

b) The information required in the form submitted for the registration of the legislative and regulatory initiative or the request for a referendum, in accordance with Articles 11 and 12 of this Act;

c) The summary of the content of the proposal and the invitation to the eventual signers to read it before supporting it.

The text of the legislative and regulatory initiative or the referendum request and its summary, may not contain personal allusions or make personal or commercial advertising.

In the case of signatures collected by mail, as provided for in Article 19 of this Law, the document in which it is signed must contain the information required in this article.

The promoters must also annex the full text of the corresponding article and the reasons that make it convenient for the citizen who wants to know the whole project to have the possibility to do so. If this is a request for a derogation, the text of the rule in question shall be annexed.

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ARTICLE 17. DECLARED INEXEQUABLE.

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ARTICLE 18. DEADLINE FOR THE COLLECTION OF SUPPORT. Register the legislative and regulatory initiative or the request for a referendum before the Registry of the corresponding Civil State, the Registrar of the Civil State will have fifteen days for the elaboration and The delivery of the forms to the promoters, these will count, from that moment, with six months for the collection of the signatures of those who support these processes of participation.

This period may be extended, in case of force majeure, in the form and for the time that the National Electoral Council points out.

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ARTICLE 19. SUPPORT SUBSCRIPTION. To record your support in a legislative and regulatory initiative or in a referendum request, the citizen must write on the form, his or her fist and letter, the date on which he signs, his name, the number of his or her document identification, place and address of your residence, all of this in complete and legible form, and your signature. If the person does not know how to write he will print his fingerprint below that I sign to your request. If there are repeated signatures, the one with the most recent date is valid.

In the case of initiatives promoted by councilors or deputies, the name of the municipality or department in which they exercise such representation will be written.

Will be nullified by the Registrar of the Electoral Constituency corresponding to the endorsements subscribed in documents that do not meet the requirements stated in article 16, as well as those who incur in any of the following reasons, which shall be certified in writing:

1. Date, name or number of the unreadable or unidentifiable citizenship card.

2. Signature with incomplete, false, or erroneous data.

3. Signatures of the same hand.

4. Non-handwritten signature.

5. Not enrolled in the corresponding electoral census.

PARAGRAFO. Dealing with a legislative and regulatory initiative or a request for a referendum in the field of territorial entities, it will be a cause of nullity of the support not to be resident in the respective entity territorial.

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ARTICLE 20. COLLECTION OF SUPPORT BY MAIL. The endorsements may also be sent by mail to be certified, and the person who wishes to support the legislative initiative or the request for a referendum should record the required information and sign in the form provided for in the previous Article. The document where you sign can be a form, a copy of it, or a format where the information required in Article 16appears. The State will assume the costs of sending the signed forms.

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ARTICLE 21. decision of the half plus one of the members of the committee of promoters, they will be able to desist from the legislative and normative initiative or the request of referendum before the expiration of the deadline for the collection of the supports. Decision that must be submitted in writing, motivated and personally to the corresponding registrar, along with all the signatures collected so far.

Within the month following the submission of the withdrawal, the Registrar will carry out the count, make public the number of signatures collected and point out the deadline for any citizen, councillor or deputy who wishes to join a new committee. of promoters. This will provide, in order to complete the required number of supports, from the time limit, counted from the moment the new committee has registered with the Registrar of the corresponding Civil State and receives the respective forms.

The documents released by those who gave up will be reposed in the Registry Office. For the continuation of the support collection process the new promoters will receive other forms in which, in addition to the information contained in the previous ones, the name of the members of the new committee of promoters is indicated, and the total number of supports collected so far.

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ARTICLE 22. DELIVERY OF THE FORMS TO THE REGISTRY. Before the expiry of the six-month period, the promoters shall submit the duly completed forms to the Registrar of the corresponding Civil State.

Due to the deadline without completing the required number of supports, the legislative and regulatory initiative or the referendum request will be archived.

If the minimum number of signatures required has not been met and the deadline for signature collection has not yet expired, the process for the missing period and one more month may continue. After this deadline, additional signatures will be submitted for the Registrar to issue a new certificate.

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ARTICLE 23. VERIFICATION OF THE REGISTRY. The National Registrar of the Civil State shall indicate the procedure to be followed for the verification of the authenticity of the endorsements and may adopt scientifically supported sampling techniques. approval of the same by the National Electoral Council.

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ARTICLE 24. CERTIFICATION OF THE REGISTRY. Within one month, counted from the date of the delivery of the forms by the promoters and made the verifications of law, the respective Registrar of the Civil State will certify the total number of endorsed, the number of valid and null endorsements and, finally, whether or not the required constitutional and legal requirements for the support of the legislative and regulatory initiative or the referendum request have been met.

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ARTICLE 25. DESTRUCTION OF FORMS. Once the corresponding Registrar has issued the certificate referred to in the previous article, it shall keep the forms for twenty (20) days. During that term, the promoters may bring proceedings before the administrative court for the actions to be taken when, for the annulment of signatures, the required support has not been obtained.

When any action has been brought against the Registrar's decision, the forms must be retained while it is resolved.

PARAGRAFO. Due to the termination or resolution of the actions, the materials will be made available to the Registrar's Rotary Fund.

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ARTICLE 26. COLLECTION OF SIGNATURES IN TERRITORIAL ENTITIES. When processes of citizen participation are carried out in the field of territorial entities or communes, corregimientos or localities, only those who reside in the territory may be able to record their support. respective territorial entity, commune, corregimiento or locality in addition to being registered in the corresponding electoral census.

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ARTICLE 27. CERTIFICATION. The electoral organization shall certify, for all legal purposes, compliance with the requirements for the implementation of the mechanisms for citizen participation.

TITLE III.

FROM THE POPULAR LEGISLATIVE AND REGULATORY INITIATIVE TO PUBLIC CORPORATIONS.

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ARTICLE 28. SUPPORT OF POPULAR LEGISLATIVE AND REGULATORY INITIATIVES. For a popular initiative of legislative, law, ordinance, agreement or local resolution to be presented to the respective public corporation, it must have the support of at least five percent (5%) of citizens registered in the corresponding electoral census.

When popular legislative and legislative initiatives promoted by councilors or deputies are law, they will require a 30 percent (30 percent) support from the country's councilors or deputies.

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ARTICLE 29. MATTERS THAT MAY BE THE OBJECT OF POPULAR LEGISLATIVE AND REGULATORY INITIATIVE BEFORE PUBLIC CORPORATIONS. Only legislative and legislative popular initiative can be subject to public corporations, those that are competitive of the respective corporation.

It will not be possible to present popular legislative and legislative initiatives before Congress, assemblies, councils or local administrative boards, on the following subjects:

1. Those that are the exclusive initiative of the government, the governors or mayors, as set out in articles 154, 300, href="policy_constitution_1991_pr010.html#313"> 313, 315, 322 , and 336 Political Constitution.

2. Budget, tax or tax.

3. International relations.

4. Granting of amnesties or pardons.

5. Preservation and restoration of public order.

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ARTICLE 30. PRESENTATION AND PUBLICATION OF POPULAR LEGISLATIVE AND REGULATORY INITIATIVES BEFORE PUBLIC CORPORATIONS. Once certified by the corresponding Civil State Registry, compliance with the requirements of an initiative the legislative and normative, required by this Law, its spokesperson, will present the certificate with the draft of the articulated and the explanatory statement, as well as the address of its domicile and that of the promoters, before the Secretariat of one of the Chambers of the Congress of the Republic or of the respective Public Corporation, as the case may be.

The name of the initiative, that of its promoters and spokesperson, as well as the text of the draft articles and their explanatory statement, must be disclosed in the official publication of the corresponding corporation.

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ARTICLE 31. RULES FOR THE PROCESSING OF POPULAR LEGISLATIVE AND REGULATORY INITIATIVES BEFORE PUBLIC CORPORATIONS. To ensure the effectiveness of citizen participation during the process of the popular legislative and regulatory initiative in the corporation respective, the following rules will be respected:

1. The popular initiative will be studied in accordance with the regulations of the respective corporation and the provisions laid down in article 163 of the Political Constitution for projects which have been the subject of an emergency.

In the case of the popular legislative act initiative presented by 20% of the country's councilors or deputies, the procedure provided for in Article 375 of the Constitution will be applied.

2. The spokesman must be summoned to all the sessions in which the project is processed and to be heard at all stages of the procedure.

3. The spokesman may appeal to the plenary when the respective committee has spoken out against the popular initiative.

4. When the respective non-first-debate corporation to a popular legislative or legislative initiative during a legislature and this is to be withdrawn, it may be resubmitted in the next legislature. In this case, the signatures supporting the popular initiative will remain valid, and it will not be necessary to re-collect them.

Citizens ' firms that support initiatives that at the time of the current Law are in transit in any Corporation will continue to be valid for another year.

TITLE IV.

OF REFERENDA.

CHAPTER I.

BACKING FOR CALLING A REFERENDUM.

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ARTICLE 32. SUPPORT FOR THE CALL. A number of citizens no less than ten percent of the national, departmental, municipal, district or local electoral census, as the case may be, may ask the Registrar of the Civil State for the call for a referendum for the approval of a draft law, ordinance, agreement or local popular initiative resolution that is denied by the respective corporation or has expired the term of the article 163 of the Political Constitution, or request the repeal total or partial of local laws, ordinances, agreements or resolutions.

PARAGRAFO. In the case of the approving referendum, the promoters will have another six months to complete a number of backups not less than 10% of the electoral census of the respective constituency.

If such support has already been reached for the presentation of the legislative and regulatory initiative, to the public corporation, the promoters will be able to request the call for a referendum without more requirements, but to present other initiatives Complementary or contradictory on the same subject, as provided in article 38 of this Law, may continue the process of collecting support for the time indicated.

In this case, they may use the same form, provide the same procedure and meet the conditions required for the collection of the signatures in support of the original initiative, which has not been approved by the corresponding corporation, or total or partial repeal of laws, ordinances, agreements or local resolutions (sic).

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ARTICLE 33. CONSTITUTIONAL REFERENDUM. On the initiative of the government or a group of citizens not less than 5 percent of the electoral census, the Congress, by law requiring the approval of the majority of the members of both houses, will be able to submit a referendum. The bill is a constitutional reform bill that Congress itself will incorporate into the law. The referendum will be presented in such a way that voters can choose freely on the agenda or articles that vote positively and vote negatively.

The approval of reforms to the Constitution by means of a referendum requires the affirmative vote of more than half of the votes and that the number of these votes exceeds a quarter of the total number of citizens who make up the electoral census.

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ARTICLE 34. CALL FOR A REFERENDUM. The National Government, departmental, district, and the National Government, the National Government, the National Government, the National Government, the National Government, the National Government, the National Government, the National Government, the National Government, the National Government, the National Government, the National Government and the the municipal or local authority shall convene the referendum by decree within eight days, and shall adopt the other provisions necessary for its implementation.

(Exequible, in the sense set forth in the Constitutional Court's 1994 C-180 Statement).

CHAPTER 2.

REFERENDA MATTER.

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ARTICLE 35. MATTERS WHICH MAY BE THE SUBJECT OF REFERENDA. The draft law, ordinance, agreement or local resolution of the jurisdiction of the public corporation of the respective electoral constituency may be the subject of referenda. compliance with the provisions of Article 29 of this Law.

For the purposes of the referendum, laws issued by Congress and the decrees issued by the President of the Republic in exercise of extraordinary powers conferred on him by the Congress are laws. The decrees issued by the municipal councils and the decrees issued by the mayors with the force of an agreement are the ones issued by the Juntas. Local Administrators and the resolutions delivered by the local mayor, all in accordance with the extraordinary powers granted for such an event.

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ARTICLE 36. REPEAL OF CERTAIN LEGISLATIVE ACTS. The constitutional reforms approved by the Congress, when referring to the rights recognized in Chapter I of Title II and its guarantees, shall be subject to a referendum. " People's participation procedures, or the Congress, if so requested, within six months of the enactment of the legislative act, five percent of the citizens who are part of the electoral census.

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ARTICLE 37. OF WHEN THERE IS NO PLACE FOR REPEAL REFERENDUMS. If before the date indicated for the vote of a referendum to repeal a legislative act, a law, an ordinance, a local agreement or a local resolution, the respective corporation repeals it, there shall be no holding of the referendum.

CHAPTER 3.

REFERENDUM CAMPAIGN.

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ARTICLE 38. PERIOD FOR THE COLLECTION OF SUPPORT. Enroll a request for a referendum, the electoral organization will set a deadline of one month for the registration of other legislative initiatives and regulations on the same subject, be these complementary or contradictory of the first, as long as they have been considered and not approved by the Congress or the corresponding Administrative Corporation. After this deadline, the six-month period for the collection of the additional signatures of the citizens begins. No citizen will be able to subscribe to more than one initiative.

The initiative presented to the Registrar of the corresponding Civil State will be submitted to the referendum, within the aforementioned term, which, according to the same Registrar's certification, has collected the greatest number of valid supports, provided that this number is at least equal to the number required by this Law, and its promoters shall campaign for it.

The promoters of the other initiatives will be able to campaign for the yes or no, and will enjoy the special benefits of the following articles, if the initiative they promote will achieve, at least, the support of ten percent of the the citizens who conform to the respective electoral census, as certified by the respective Registrar.

PARAGRAFO. No new initiatives on the same subject will be admitted before the referendum process has culminated in all its parts.

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ARTICLE 39. DATE FOR THE HOLDING OF THE REFERENDUM. The referendum must be held within six months of the submission of the application.

When it comes to a national, departmental, municipal or local referendum, the vote will not coincide with any other electoral act. The vote of more than three referendums for the same date cannot be accumulated.

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ARTICLE 40. END OF CAMPAIGNS. The campaigns of all citizen participation processes regulated in this Law, culminating in a vote, will end at 12 o'clock on the night of the day preceding the one mentioned by the same.

CHAPTER 4.

REFERENDUM VOTE AND DECISION ADOPTION.

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