D. Abolition of the quorum and number of signatures to be collected

A third set of issues concerns the abolition of the turn-out quorums, and the thresholds for the collection of signatures. A 50 % turn-out quorum is laid down in the current legislation. The Bill abolishes the turn-out quorum of 50% of the citizens for the validity of the affirmative votes cast (“…the proposal receiving the majority of votes is approved”, Article 41.4). The option of the Bill is not only coherent with the regulation of the referendums in the same Bill; it is also in accordance with the recommendations of the Venice Commission, which deem it “advisable” not to provide for turn-out quorums or for approval quorums.^[1] Turn-out quorums have at least two undesirable effects: first, abstentions are assimilated to no-votes, and secondly, votes cast for a proposal which ultimately does not reach the quorum will be futile. Opponents will be tempted to encourage abstention, which is not healthy for democracy.[2] Approval quorums risk “involving a difficult political situation if the draft is adopted by a simple majority lower than the necessary threshold”.[3] In this respect, it may be noted that, contrary to the central state,[4] other regions in Italy have reduced the quorum required (however without eliminating it). ^[5]

[1] Code of Good Practice on Referendums (CDL-AD(2007)008rev), III.7.

[2]CDL-AD(2007)008rev, par. 51.

[3]CDL-AD(2007)008rev, par. 51, III.7.b.

[4]Article 71 of the Constitution.

[5] The abolition of the quorum does not seem to go against the Italian Constitution.