Area: Javna uprava
Competent authority: .nan
EZU URL: .nan
Initiative ID: 14
Initiative accepted and completed: '2012-01-13'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2011-12-16'
Initiative published: '2011-12-16'
Initiative submitted: '2011-12-15'
Response from the competent authority: "The collection of voters' signatures in support\
  \ of a request for a referendum is regulated by Article 16b of the Act on Referendums\
  \ and Popular Initiatives (Official Gazette of the Republic of Slovenia, No.26/07\
  \ - Official Consolidated Text, hereinafter: the \"RTI Act\"), according to which\
  \ a voter may submit his or her support in various ways:\r\n1. IN PERSON BEFORE\
  \ THE COMPETENT AUTHORITY\r\nThe voter may give his/her support by signing a prescribed\
  \ form (based on the Ordinance on the establishment of a voter support form (Official\
  \ Journal of the Republic of Slovenia, No 43/94, 93/01 and 74/06)) in person before\
  \ the competent authority keeping the register of the right to vote, regardless\
  \ of the place of his/her permanent residence. On presentation of the form of support,\
  \ the official shall first establish the identity of the voter and then, after signing\
  \ and authenticating it, enter it in the computerised register. As a rule, the identity\
  \ is established on the basis of a valid public document (identity card, passport,\
  \ driving licence, local border pass, weapons document). When validating the forms,\
  \ the administrative units shall carefully check that all the information entered\
  \ by the voter is legible and complete.The form must be stamped and signed by the\
  \ voter and the official, as only such support can be considered valid. A voter\
  \ may only give his/her support by signing the prescribed form once. The certified\
  \ form shall be returned to the voter by the administrative units, as the forms\
  \ of support are collected by the initiator.\r\n2. VIA THE SINGLE NATIONAL E-GOVERNMENT\
  \ PORTAL\r\nThe voter may also sign the form via the single national e-government\
  \ portal using a secure electronic signature authenticated by a qualified certificate\
  \ (Article 16b(3) and (4) of the RTI Act). The administrative unit receives the\
  \ electronically signed form and verifies the identity of the voter on the basis\
  \ of official records. If the electronic form is duly signed and the voter is registered\
  \ in the electoral rights register, but the support has not yet been registered,\
  \ the administrative units register the support in the computerised register and\
  \ forward the certified form to the petitioner. If the signatory or the electronic\
  \ signature does not meet the conditions laid down by law, the administrative unit\
  \ must refuse to validate the form and inform the signatory accordingly.\r\nVOTERS\
  \ IN HOSPITALS, HOMES FOR THE ELDERLY, INSTITUTIONS FOR PERSONS WITH DISABILITIES,\
  \ PRISON SITUATIONS\r\nVoters who are in hospitals, homes for the elderly, institutions\
  \ for disabled persons and similar institutions, and persons serving a prison sentence\
  \ at the time of the collection of support, may express their support by having\
  \ their signature on the form attested by a specially authorised person of the authority\
  \ or institution. The person responsible for the institution or body shall authorise\
  \ a person employed by the institution or body (e.g.: social worker, person responsible\
  \ for registering the residence, etc.). The voter shall send the completed form\
  \ of support to the petitioner, who shall arrange for the support to be sent to\
  \ the administrative unit for entry in the computerised register.\r\n4. VOTERS RESIDING\
  \ OR TEMPORARILY RESIDING ABROAD\r\nPersons residing abroad permanently or temporarily\
  \ during the period for collecting signatures may express their support by having\
  \ their signature on the form certified by an official of the diplomatic mission\
  \ or consulate of the Republic of Slovenia abroad (hereinafter referred to as the\
  \ DKP) or by a person designated by the Ministry responsible for foreign affairs\
  \ (hereinafter referred to as the MFA) to certify the identity of the voters. The\
  \ voter shall send the completed form of support to the petitioner. The petitioner\
  \ himself shall arrange for the support to be sent to the administrative unit for\
  \ registration in the computerised register.\r\n5. SICK AND DISABLED PERSONS\r\n\
  Persons who have a registered permanent or temporary residence in the Republic of\
  \ Slovenia but who, because of illness or disability, are unable to appear in person\
  \ before the competent authority may give their support before an official of the\
  \ competent authority, who will visit them at home no later than six days before\
  \ the deadline for submitting requests or giving support. The certified form of\
  \ support shall then be sent by the voter to the initiator, who shall arrange for\
  \ the support to be sent to the administrative unit for entry in the computerised\
  \ register.\r\nFurthermore, with regard to Article 16b of the RRLI, we consider\
  \ that there can be no question of 'interference' by the administrative units when\
  \ collecting signatures of voters in support of a request for a referendum. An accurate\
  \ record of the signatures before the competent state authority is indispensable,\
  \ and the law therefore specifies the conditions necessary for the submission of\
  \ the signatures of support.\r\nThe administrative units do not control or influence\
  \ the collection of signatures, but must ensure that voters are able to support\
  \ the request for a referendum during the period of time when the deadline for collecting\
  \ signatures is running. According to the RLSA, voters sign the form in person in\
  \ front of the competent authority that keeps records of the right to vote (the\
  \ administrative units). This ensures that those who have the right to do so - i.e.\
  \ the electorate (whoever has the right to vote) - give their support. The formality\
  \ of giving support to the request for a referendum is essential, as collecting\
  \ signatures on the street would risk abusing the institution of the referendum.\r\
  \nWe also believe that the current arrangements do not mean that the executive branch\
  \ of government has any control or influence over the signature collection process\
  \ or the referendum process, which is part of the legislative process in a broader\
  \ sense. The principle of separation of powers, which is a fundamental principle\
  \ of the organisation of state power, is characterised by the fact that the organs\
  \ which perform the basic functions of state power are relatively autonomous and\
  \ independent of other organs in their functioning, so that none of them can dominate.\
  \ There is a sophisticated system of checks, limits, checks and balances between\
  \ them (the so-called system of checks and balances).\r\nThe Constitutional Court\
  \ of the Republic of Slovenia, in its decision U-l-54/09-13 of 14 April 2011 (Official\
  \ Gazette of the RS, No 34/11), also adopted the position that the State must ensure\
  \ that the exercise of the right to referendum is free from any irregularities or\
  \ even abuse and rejected the allegations that the legal regime is incompatible\
  \ with the Constitution."
Text file: 14.txt
Title: Collection of signatures in support of the request for a referendum
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=14
