(1) Where an initiative is clearly contrary to the constitutional purpose and function of the legal institution of the local referendum, or where it does not meet the conditions set out in section 35, section 36 and section 38 (1) and (2), and if the signature gathering form does not comply with the legal requirements, the head of the local election office shall reject, in a conclusive decision, the question within five days after submission, and shall not put it forward to the local election commission. Section 46, section 47, section 48 (3) and section 50 of the Election Procedure Act shall apply to the content and communication of a conclusive decision rejecting a question.

(2) No legal remedy shall lie against the conclusive decision of the head of the local election office; the organiser, however, may submit the question again. Approval of a question submitted again shall be put on the agenda of the local election commission.

(3) If the organiser submits the question again within fifteen days after the communication of the conclusive decision by the head of the local election office rejecting the question, for the purposes of section 38, the date of the first submission shall be considered to be the date of the submission of the question.