Vote on muna business park in bamberg: when does the question stand??

vote on muna business park in bamberg: when does the question stand??

In the beginning, no one can avoid the personal decision. If you choose either the referendum 1 "bamberg’s future: preserving the main moorland forest and shaping ‘muna’" (council petition) or for the referendum 2 "for the main moor forest" (burgerbegehren) has decided must express its will on the ballot paper.

Everyone can vote "yes" for his favorite but should also give the other a "no" vote and do not forget to answer the key question. The fact that many citizens still have questions about the vote was shown not least by the discussions on the fringes of the panel discussion on the referendum. Answers were provided by the government of upper franconia and the city of bamberg, among others. Who has won if both referendums reach the quorum of about 8700 votes??

It cannot be said that way. The two referendums must be considered and evaluated separately. If the quorum is reached by both proposals, the number of yes votes must be compared with the number of no votes for each referendum separately. The question put is then decided in the sense in which it was answered by the majority of the valid votes cast; in the event of a tie, the question is deemed to have been answered in the negative. This can result in four constellations (cf. Info box).

When is a vote invalid? If the will of the voter is not clearly recognizable, for example because a question is answered with both yes and no, or not at all, or an inadmissible addition is made to the ballot paper. Do I also have to tick no to the proposal I reject, or is yes enough for the other one?? Must not. However, this would be recommended. Otherwise, I increase the likelihood that both the petition I support and the other petition will receive more yes votes than no votes, resulting in a referendum. Accordingly, it would be unfortunate not to answer the key question. When decides the stichfrage? Only if both questions have been answered with yes by a majority in a way that cannot be reconciled (cf. Constellation 4 in the info box). What happens if no proposal achieves a quorum??

It is essential that the respective quorum is reached before a petition (from the citizens or the council) can be successful. If neither the council referendum nor the citizens’ referendum reaches a quorum, both referendums have failed. In this case, the city council is not bound by a will of the burgerschaft, but only by law and order in its decisions on the subject.

Constellation 1 in the case of referendum 1 (council petition), there are more yes votes than no votes: the question from referendum 1 is then decided in favor of the council petition.

In referendum 2, there are at the same time no more yes votes than no votes: the question from referendum 2 is in this case decided against the citizens’ petition.

This was the result: council referendum accepted, citizen referendum rejected.

Constellation 2 in the case of referendum 1 (council petition) there are no more yes votes than no votes: the question from referendum 1 is then decided against the council petition.

In the case of referendum 2, there are at the same time more yes votes than no votes: the question from referendum 2 is then decided in favor of the citizens’ initiative.

So council petition rejected, citizen petition accepted.

Constellation 3

In referendum 1, there are no more yes votes than no votes: the question from referendum 1 is then decided against the council petition.

In the case of referendum 2 there are not more yes-votes than no-votes: the question from referendum 2 is then decided against the citizens’ petition.

In this case, the city council is not bound by the will of the citizens, but only by law and order.

However, such a constellation can occur not only when parts of the citizenry vote clumsily, but also when voters deliberately vote against both the council and the citizen referendum – for example, because they would like to see the muna land used for a completely different purpose than is on the ballot.

Constellation 4

In the case of referendum 1, there are more yes votes than no votes: the question from referendum 1 is then decided in favor of the council petition.

In referendum 2, there are more yes votes than no votes: the question from referendum 2 is then decided in favor of the citizens’ petition.

The two questions put to the vote are then "answered in a way that is incompatible with each other" (article 18 a paragraph 12 sentence 3 bavarian municipal code) has been.

Now it comes down to the key question; the key question was only asked for this constellation:

The decision for which the majority of the valid votes cast in the referendum is in favor now applies.

In the event of a tie vote, the referendum whose question was answered with the highest number of votes by a majority is valid.