Legal basis for administrative requirements at the national level

Constitution of Uruguay (Constitución dela República Oriental del Uruguay),

http://www.refworld.org/docid/3ae6b5600.html

Chapter III

Article 79.

(Optional referendum)

The accumulation of votes for any electedoffice, with the exception of those for President and Vice President, shall beeffected through use of the slogan of the political party. The Law, by atwo-thirds vote of the full membership of each Chamber, shall establish rulesfor this requirement.

Twenty-five percent of all persons registeredand qualified to vote may, within one year following their promulgation, demanda referendum against the laws and exercise the right of initiative before theLegislative Power. These institutions are not applicable with respect to lawsimposing taxes. They are likewise inapplicable in those cases in which theinitiative is an exclusive right of the Executive Power. Both institutionsshall be regulated by law, enacted by an absolute majority of the fullmembership of each Chamber.

Chapter III

Article 331

The present Constitution may be amended, inwhole or in part, in accordance with the following procedures:

(Citizen’s initiative)

a)Upon the initiative of ten percent of thecitizens inscribed in the National Civil Register, by presenting a detailedproposal which shall be referred to the President of the General Assembly, to besubmitted for popular decision at the next election.

(Mandatory referendum)

The General Assembly, meeting in jointsession, may take substitute proposals which shall be submitted to plebiscitarydecision together with the popular initiative.

b) By proposal of amendment approved bytwo-fifths of the full membership of the General Assembly, presented to thePresident thereof, and submitted to plebiscite at the next ensuing election.

For an affirmative result in the methodsoutlined in paragraphs (a) and (b), a 'yes' vote of an absolutemajority of the citizens participating in the elections shall be required, andthis majority must represent at least thirty-five percent of all personsinscribed in National Civil Register.

c) The Senators, Representatives, and theExecutive Power may present proposed amendments which must be approved by anabsolute majority of the full membership of the General Assembly.

A proposal which is rejected may not berenewed until the succeeding legislative period, and the same formalities mustbe observed.

Upon the approval of a proposal and itspromulgation by the President of the General Assembly, the Executive Power,within ninety days thereafter, shall call for the election of a NationalConstituent Convention, which shall consider and decide upon approved proposalsfor amendment as well as upon any other proposals that may be presented to theConvention. The number of members of the Convention shall be double the numberof Legislators. Twice as many alternates shall be elected at the same time. Theconditions for eligibility and the immunities and incompatibilities shall bethe same as for Representatives.

The election by departmental lists shall begoverned by the system of integral proportional representation and inaccordance with laws in force for the election of Representatives. TheConvention shall meet within one year from the date of promulgation of theproposal of amendment.

The decisions of the Convention must be takenby an absolute majority of the whole number of members of the Convention andthe work of the Convention must be terminated within one year from the date ofits commencement. The proposal or proposals drawn up by the Convention shall becommunicated to the Executive Power for immediate and full publication.

The proposal or proposals drawn up by theConvention must be ratified by the body electorate convoked for the purpose bythe Executive Power, on the date to be fixed by the National ConstituentConvention.

Voting shall be by 'yes' or'no' and if there are several texts of amendment, it shall beseparate for each of them. For this purpose the Constituent Convention shallgroup together those amendments which by their nature require that they bevoted on as a unit. One-third of the members of the Convention may requireseparate voting on one or several texts. An amendment or amendments must beapproved by a majority of votes, which shall not be less than thirty-fivepercent of the citizens inscribed in the National Civil Register.

In the cases contemplated by paragraphs (a)and (b), there shall be submitted for ratification by plebiscite at the sametime as the next elections only those proposals which have been presented atleast six months before the date of such elections, or in the first of thesecases, three months before, for substitute proposals approved by the GeneralAssembly. Proposals presented after the periods mentioned shall be submitted toplebiscite at the time of the subsequent elections.

d) The Constitution may be amended, also, byconstitutional laws which shall require for their sanction two-thirds of thefull membership of each Chamber in the same legislative period. Constitutionallaws may not be vetoed by the Executive Power and shall take effect as soon asthe electorate specially convoked on the date specified in such laws shall haveexpressed their approval by an absolute majority of the votes cast and theyshall be promulgated by the President of the General Assembly.

E) If the convocation of the electorate forratification of amendments, in the cases contemplated in paragraphs (a), (b),(c), and (d) coincides with any election of members of the organs of the State,the citizens must express their will on the constitutional amendments onballots separate and apart from the election lists. Whenever the amendmentssubmitted to a plebiscite relate to election to elective offices, the votingfor such offices shall be both by the system proposed and by the existingsystem, and decision of the plebiscite shall be final.

Law 16017 about Elections (Ley No 16.017 de Elecciones)

http://aceproject.org/ero-en/regions/americas/UY/uruguay-ley-16017-que-regula-referendos-2012/view

Artículo 11?.- La iniciativalegislativa de uno o m?s proyectos de ley, acompa?ada por las firmas

comprobadas de no menos del ceropunto tres por ciento (0.3%) de la poblaci?n electoral nacional,

recibe preferencia en el tr?mitedel Congreso. El Congreso ordena su publicaci?n en el diario

oficial.