Referendums are laid down by the law of 4 February 2005 on the national referendum. The provisions of this law apply to referendums provided for under Articles 51 and 114 of the Constitution.
The referendum of 7 June 2015 is laid down by the law of 27 February 2015 on the organisation of a national referendum on various issues relating to drawing up a new Constitution.
The referendum is of an advisory nature within the framework of drawing up a new Constitution.
Single constituency
The country forms a single electoral constituency for the unfolding of a referendum. The capital of the constituency is Luxembourg. The main polling station of the City of Luxembourg works as the main station of the single constituency.
Mandatory voting
According to electoral law, voting as part of a referendum is mandatory for all voters registered on electoral lists for legislative elections on the day of the referendum.
Those who are unable to vote in the election must explain the reason for their absence to their local State Prosecutor and provide the necessary supporting documents. Unjustified abstentions are punishable by a fine. In the event of repeat offences, the penalty is increased.
Voters may not be represented by proxy.
The following voters are excused from mandatory voting:
- voters who, at the time of the referendum, live in another municipality than the one where they are called to vote;
- voters who are over 75 years of age.
Postal voting
All registered voters are allowed to vote by post as part of a referendum.
Votes
Voters may vote from 8:00 am to 2:00 pm.
Voters who are not registered on the electoral lists for the legislative elections in the municipality on the day of the referendum, are not allowed to vote. If they are not registered, they may still be allowed to vote if they present a decision by the mayor of the municipality, their deputy or a judicial authority stating that they have the right to vote in the municipality.
Voters must attend the polling station with their ID card or passport. It is not an obligation to produce the polling card.
The College of Aldermen send each voter a polling card stating the day, opening and closing times of the election, the premises where the election takes place and, in case there are several offices, the specific polling station where the voter is called to vote.
Each voter has one vote per question asked.
Voters cast their vote:
- either by filling in one of the two boxes on the ballot next to each question;
- or by placing a cross (+ or x) in one of the two boxes next to each question.
Any box that is filled in, even incompletely, or marked with a cross, even imperfectly, is deemed a valid vote, unless the intent to cast the vote is not clear.
The following ballots will be deemed null and void:
- ballots other than those provided by the municipality;
- those expressing more than one vote per question asked;
- those whose shape and dimensions have been altered;
- those containing any paper or other foreign object; and
- those whose authors may be rendered recognisable by a sign, a deletion or a mark not authorised by law.
Ballots containing no votes are considered blank.
However, ballots that express fewer votes than there are questions are valid. In other words, voters are not required to answer every question asked.