Who drafts the referendum question?

Legal Regime governing Referenda (Law no. 15-A/98 of 3 April 1998, last amended by Organic Law no. 3/2017 of 18 July 2017)

Article 12: Discussion and voting

2 – Resolutions that are to be put to the vote by the Plenary of the Assembly of the Republic shall include the questions that are to be formulated and the definition of the electoral universe that is to be consulted.

Article 17: Form

1 – Popular initiatives shall be submitted in writing, on paper or by electronic means, shall be addressed to the Assembly of the Republic, and shall contain the signatories’ identity details, to comprise the full name, identity card or citizen’s card number, electoral number and date of birth of each one. […]

6 – The initiative shall contain the precise text of the question or questions to be submitted to referendum and the grounds for it or them, to be duly accompanied by a list of the acts that are currently under consideration at the Assembly of the Republic.

Article 23: Competence, form and publication

1 – The Council of Ministers has the competence to approve draft government referenda.

2 – Drafts shall take the form of a Council of Ministers resolution published in Series I-A of the Diário da República.

Article 24: Content of resolutions

The Council of Ministers resolution shall include the questions that are to be formulated and the definition of the electoral universe that is to be consulted.

TITLE V Special rules governing referenda regarding the de facto institution of the administrative regions

Article 245: Legal nature

Such a referendum is obligatory in nature.

Article 246: Object

The object of such a referendum is the de facto institution of the administrative regions.

Article 247: Proposal and decision

1 – The decision whether to call pertains to the President of the Republic, upon a proposal from the Assembly of the Republic. [...]

Mandatory Referenda: President and Legislature: Article 247(1)

Optional Referenda:

- Government: Articles 23 & 24; Council of Ministers

- Legislature: Article 12(2)

- Registered Electors: Article 17(3)

A governmental proposal for a referendum takes the form of a resolution by the Council of Ministers. A popular proposal to hold a referendum must first pass through the legislature. Registered electors must indicate the draft referendum question in the proposal they submit to the legislature.