Who decides on the final form of the ballot text?

Mexico

Mexico

Answer
Supreme Court
Source

Federal Law on Popular Referendum (March 14, 2014)

Article 26. When the request for popular referendum comes from the President of the Republic, the following procedure shall apply:

I. The Chairman of the Executive Board of the Chamber will be accountable for the Board and will directly report to the Supreme Court, about it and the proposal of the raised question to resolve and notify about its constitutionality within a period of twenty natural days;

II. After the application of the Congress has been received to verify the constitutionality of the request for popular referendum, the Supreme Court shall:

a) Resolve about the constitutionality of the matter on popular referendum, and verify that the question rises directly from the matter of the referendum; that it is not biased or contains value judgments; uses a neutral, simple and comprehensible language, and produces a categorical answer in the positive or negative sense.

b) Make the corresponding changes to the question in order to guarantee that it is consistent with the subject matter of the referendum and complies with the criteria stated in the previous paragraph.

 

Article 27. When the request for popular referendum comes from at least thirty-three percent of the members of any lf the Chambers of the Congress, the following procedure shall apply:

[…]

IV. After the application of the Congress has received to verify the constitutionality of the request for popular referendum, the Supreme Court shall be subjected to the stipulated in Article 26, fraction II herein;

 

Article 28. The following shall apply when the request is submitted by citizens:

[…]

IV. After the application of the Chairman of the Executive Board of the corresponding Chamber has been received to verify the constitutionality of the request for popular referendum, the Supreme Court shall:

[…]

b) Make, where necessary, the corresponding changes to the question in order to guarantee it is consistent with the matter of the referendum and complies with the criteria stated in the previous paragraph.

 

Article 29. The resolutions by the Supreme Court shall be final and unassailable.

 

Article 30. The Call of the popular referendum shall include:

I. Applicable legal grounds;

II. Date of the federal electoral day in which the popular referendum will take place;

III. Brief description of the matter on the national significance topic submitted to the referendum;

IV. The question that will be asked, and

V. Place and date of the release of the Call.

Comment

No matter who submits the request for a referendum, it is the Supreme Court which makes the final decision about the question that will be put in the ballot. 

 

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