Law 7/2014, Of 24 April, Amending The Law 28/2007, Of 22 November, Qualified For The Modification Of The Qualified Law Of Electoral System And The Referendum

Original Language Title: Llei 7/2014, del 24 d’abril, qualificada de modificació de la Llei 28/2007, del 22 de novembre, qualificada de modificació de la Llei qualificada de règim electoral i del referèndum

Read the untranslated law here: https://www.bopa.ad/bopa/026030/Pagines/86272.aspx

Law 7/2014, of 24 April, amending the law 28/2007, of 22 November, qualified for the modification of the qualified law of electoral system and the referendum since the General Council in its session of the 24th of April 2014 has approved the following: law 7/2014, of 24 April, amending the law 28/2007 , from November 22, qualified for the modification of the qualified law of electoral and referendum preamble the law 28/2007, of 22 November, qualified for the modification of the qualified law of electoral system and the referendum foresees two types of vote: the vote in person to the electoral college and vote for legal deposit in the Batllia.

The right to vote is a fundamental right recognized by the Constitution of the Principality of Andorra. The reality of today leads us to accept the fact that every time there are more locals residing abroad for work or study. For this reason, and in order to facilitate the effective exercise of this right to the voters residing abroad, this law incorporates a variant of the judicial deposit voting: the vote for judicial deposit submitted by mail.

Thus, it introduces an article 33 bis of law 28/2007, of 22 November, qualified for the modification of the qualified law of electoral and referendum, which opens up the possibility of making use of the judicial deposit voting by mail for electors resident abroad who appear as such in the electoral register, as well as those voters who , though not recorded as registered in the electoral register referred to as residents abroad, prove that they are studying abroad or doing a work and professional activity abroad.

However, to ensure a better coordination of the electoral process, the Commons will have to communicate to the Government the number of participants in the final poll. This communication will centralise and record the data and at the same time providing greater legal certainty to the voters.

The security of the electoral process is one of the principles that inspire the law, which establishes mechanisms agile but rigorous to ensure the proper development and avoid possible fraudulent behaviour in relation to the right to vote.

Finally, this amendment, in addition to the set of the articles of the law to the changes introduced, corrects some errors of wording to be found in the text in force to date.

Article 1 modifies the letter a) of paragraph 3 of article 1 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "to) the condemned by court ruling firm in the main or accessory penalty of deprivation of the right of suffrage , during the time of their fulfillment. "

Article 2 modifies the paragraph 3 of article 3 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "3. The electoral lists must contain the name and surname of the voters who appear on the electoral register and your passport number. The final electoral lists must contain, in addition, the electoral college and the mesa where the worker would vote on each voter. "

Article 3 introduces a new paragraph (2), by modifying the order of the same, and modifies the wording of former section 2-now listed as 3-of the article 5 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which are written as follows: "2. The electoral register of each parish will contain also the electors resident in other parishes and abroad.

3. The candidates to the elections to the General Council or the community have the right to obtain a free copy of the electoral lists of the relevant constituency, which will contain only the name, surname and the address of the record electoral register voters. "

Article 4 modifies the article 6 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 6.

Conditions of registration in the electoral register 1. The common register in the electoral register of each parish are andorrans who are discharged in its population census and those who have obtained registration for parish of origin, and that comply with the requirements referred to in article 1.

2. The Government, every time you solve favorably a nationality with full use of civil and political rights must report in the Commons. Every common should give electoral registration office to register their parish the person who has obtained the nationality with full use of civil and political rights, in accordance with the provisions of the preceding paragraph.

3. Voters who are registered in the Census of population and a parish in the electoral register, and that cessation as residents to have fixed their residence abroad, are registered in the electoral register of that parish, unless the interested exerciti the option provided for in article 7.

4. The andorrans who live abroad and who are registered in the electoral register of any parish, can apply for their registration in the parish of origin, in accordance with the provisions of article 7, if they meet the requirements of article 1. "

Article 5 modifies the title and paragraphs 1 and 3 of article 7 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which are written as follows: "Article 7.

Registration in the electoral register of the parish of residence or of origin 1. Every elector registered in the electoral register of the parish of residence can opt to switch their registration to their parish of origin, if you ask the Council of this and providing the documentation proving your right. Parish of origin shall be understood as the residence of the parents at the time of being born or adopted the elector or, when appropriate, the residence of the last generation of Andorran parents of the elector, or of residence at the time of purchase or retrieve the Andorran nationality with fullness of civil and political rights.


3. The voter who has opted for the registration in the electoral register of the parish of origin may obtain residence registration again if you ask for the Town Hall of this and providing the documentation to justify the residence. "

Article 6 amending sections 1, 2 and 4 of article 8 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "1. All Commons must publish your dashboard edicts the provisional list of voters on March 30 and September 30 of each year , except if the publication date is included in the election or referendum period. Every common prepares the list according to the electoral register who is responsible and correct errors and omissions there is notice, good and trying to make it as complete as possible.

2. the common register ex officio to the list all the people, both resident in the parish and in another parish or abroad, who have obtained the right to vote in the parish and, therefore, have been added to the electoral roll since the previous publication of the electoral lists and eliminate the data of those who have lost.

4. Within three working days of publication in the official bulletin of the Principality of Andorra of the Decree of election or referendum are public electoral lists are common. These lists are considered definitive. "

Article 7 modifies article 9 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 9.

Changes and update electoral register 1. The options provided for in article 7 may be exercised by applying the change in the electoral register at any time, except when it has been called a referendum or elections and to the resolution of the call.

2. each year, on the basis of 15 March and 15 September, the communes have been addressing each other a list of voters who have requested and retrieved from the exercise of the option contemplated in this article, in order to be unsubscribed in the electoral register in his parish of residence or of origin, as appropriate. When there is an election or referendum call this procedure will have to be made within 3 working days from the date of this announcement, and only to the demands presented to the day before the same. "

Article 8 modifies article 13 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 13.

Modified as a consequence of a sentence Are common, immediately notified of a firm sentence acknowledging or denying the right to vote to a person, they must modify the electoral registration and, consequently, the provisional electoral lists or ultimate, producing the effects necessary in order to carry out the vote. "

Article 9 modifies article 14 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 14.

Acquisition of nationality and the right to apply the resolution in electoral or referendum period of any record on acquisition of Andorran nationality, does not give right to the interested party to register on the electoral roll or, consequently, to the electoral list until the first review following the completion of the electoral process or referendum underway. "

Article 10 modifies the article 15 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 15.

Eligible persons are eligible all the andorrans, of legal age, in the full use of their civil and political rights, registered on the electoral register and the electoral lists and that are not subject to any cause of ineligibility. "

Article 11 modifies the paragraph 1 of article 20 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "1. In order that a nomination is valid must be presented by 0.5% of voters enrolled in the electoral list of electors registered in the parish and all the parishes According to it's constituency or national parish and, in any case, for not less than ten presenters. "

Article 12 modifies the terms of paragraph 2 of article 30 of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "2. The Government will, in advance, to reach all electors to the address contained in the electoral lists, even those residing abroad and those who have applied to vote by judicial deposit by mail , a on that will contain the professions of faith of the various candidates. All will have the same treatment in the documentation included in your presentation. The documentation to be sent to electors residing abroad will contain, in addition, information about the judicial vote by mail. "

Article 13 article 32 of the law is modified 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 32.

Type of vote The vote is made personally to the Electoral College assigned to the elector or to legal deposit in the Batllia. The judicial deposit voting in the Council will be issued in person or by mail. "

Article 14 is inserted an article 33 bis of law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 33 bis.

Vote for legal deposit by mail 1. Voters living abroad who appear as such in the electoral register and in the final poll can make use of the judicial deposit voting by mail.

2. Exceptionally, can also make use of this type of vote are voters who, while not registered on the electoral roll recorded as residing abroad, prove that they are studying abroad or temporarily work or professional activity carried out abroad.


3. To be able to make use of this type of vote, the interested parties must expressly request and, in the case of electors referred to in paragraph 2, they must attach to the application a certificate delivered by the centre of studies or the company to which you pay services abroad. The request must be made in writing or by means of the common's website stating the registration, before the 12 hours of the fifth working day from the date of publication of the announcement of the elections, in the terms established by the regulations.

4. Once you have been listed as candidates, the Government, on behalf of Commons, address voters resident abroad and those others that, on the merits of the foreseen in the precedent paragraph (2), have opted for the judicial deposit voting by mail, all the necessary documentation for postal voting. The Government will regulate, by means of the corresponding regulations, the shape, the deadlines and the means that will be used both to deliver the above-mentioned documentation to the elector who make use of their right as to get the envelope that contains the vote in the Council.

This documentation, which will be sent in advance, should consist in official envelopes, official ballots of all candidates, a certificate of registration of the interested party in the final electoral list delivered by common and an envelope for sending a postal vote in which will include printed the address of the Council. These documents will be given a sheet explaining the procedures.

5. To proceed to the vote, the voter will introduce in each of the official ballot envelopes that you have chosen and will proceed to a close. These envelopes are introduced in the envelope for sending the documentation to the Council, together with the certificate of registration on the electoral list and a photocopy of valid passport. In this on-that must be closed it will consist in the back the name and the address of the elector sender and your signature.

Following the instructions, subject to the regulations, is available in the documentation received, the voter will make the necessary arrangements so that the envelope is submitted to the Council.

6. Keep a record and register the delivery made by the Government and of the reception of the recipient and the Batllia. This documentation will be available to the Electoral Board.

7. Received by the Batllia, the votes will be delivered in the terms envisaged in article 33.4. "

Article 15 modifies paragraph 3 of article 37 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "3. For the purposes of the preceding paragraph, the Government will report the number of common registered in the final poll.

For the purposes of judicial deposit voting by mail, are registered in the register specified common voters who are resident abroad. Also be communicated, in the 48 hours following the end of the period provided for in article 33bis. 3, voters who, being exceptionally abroad, have applied to vote by judicial deposit by mail. "

Article 16 modifies the title of the article 40 of the law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum, which is worded as follows: "Article 40. How to vote in the electoral college "first final provision is entrusted to the Government that, within a maximum period of three months from the entry into force of this law, published in the official bulletin of the Principality of Andorra on the revised text of the law 28/2007, of 22 November, qualified for the modification of the qualified law of electoral system and the referendum, including the modifications introduced in this law.

Second final provision is entrusted to the Government that, within a maximum period of three months from the entry into force of this law, the regulation referred to in article 14 of this law.

Third final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 24 April 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra