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Who drafts the referendum question?

Cayman Islands

Cayman Islands

Answer
  • Optional referendum - Government
  • Optional referendum - Legislature
Source

Constitution Order 2009

The Referendum (Single-Member Constituencies) Law, 2012

70.—(1) Without prejudice to section 69, a law enacted by the Legislature shall make provision to hold a referendum amongst persons registered as electors in accordance with section 90 on a matter or matters of national importance that do not contravene any part of the Bill of Rights or any other part of this Constitution.

(2) Before a referendum under this section may be held—

(a) there shall be presented to the Cabinet a petition signed by not less than 25 per cent of persons registered as electors in accordance with section 90;

(b) the Cabinet shall settle the wording of a referendum question or questions within a reasonable time period as prescribed by law; and

(c) the Cabinet shall make a determination on the date the referendum shall be held in a manner prescribed by law.

(3) Subject to this Constitution, a referendum under this section shall be binding on the Government and the Legislature if assented to by more than 50 per cent of persons registered as electors in accordance with section 90.

Comment
Legislature decides on the wording of a question in the Act enacted for a referendum, as in the example of The Referendum (Single-Member Constituencies) Law, 2012 (See Schedule 1). For a referendum initiated by citizens, the Cabinet settles the wording.
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