Legal provisions for optional referendums at national level

Constitution of Venezuela (1999)

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Article 71: Matters of specialnational transcendence may be referred to a consultative referendum, on theinitiative of the President of the Republic, taken at a meeting of the Cabinet;by resolution of the National Assembly, passed by a majority vote; or at therequest of a number of voters constituting at least 10% of all voters registeredon the national, civil and electoral registry.

Matters ofspecial state, municipal and parish transcendence may also be referred to aconsultative referendum. The initiative shall be taken by the Parish Board, theMunicipal Council and to the Legislative Council, by the vote of two third ofits members; by the Mayor and the Governor or by a number of votersconstituting at least 10% of the total number of voters registered in thepertinent circumscription.

Article 73: Bills under discussionby the National Assembly shall be submitted to a referendum when at leasttwo-thirds of the members of the Assembly so decide. If the referendum ends inan affirmative vote of approval, provided that the 25% of the voters registeredbefore the Civil and Electoral Registry have concurred to the election, thebill conceded shall be enacted into law.

Anyinternational agreement, convention or treaty which might compromise thenational sovereignty or transfer authority to supranational organs, may be submittedto a referendum on the initiative of the President of the Republic, taken at ameeting of the Cabinet by a two-thirds vote of the members of the Assembly orby 15% of the voters registered on the civil and electoral registry.

Article 74: Statutes whoseabrogation are requested on the initiative of a number of voters constitutingat least 10% of the voters registered in the civil and electoral registry, orby the President of the Republic taken at a meeting of the Cabinet, shall besubmitted to a referendum for its abrogation in whole or in part.

Decrees withthe force of law issued by the President of the Republic, making use of theauthority prescribed under article 236, section 8 of this Constitution, mayalso be submitted to an abrogatory referendum, when it is requested by a numberof voters constituting at least 5% of the total number of voters registered inthe civil and electoral registry. In order for the abrogatory referendum to bevalid, a number of voters constituting at least 40% of the total number ofvoters registered in the civil and electoral registry shall be essential.

It shall notbe possible to submit budget laws to an abrogatory referendum, neither thoseestablishing or modifying taxes, relating to public credit, to amnesty, theprotection, guaranteeing and developing human rights, nor those which ratifyinternational treaties.

There shallnot be more than one abrogatory referendum on the same matter during the sameconstitutional term.