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Law 28/2007, Of 22 November, Qualified For The Modification Of The Law Of The Electoral System And The Referendum

Original Language Title: Llei 28/2007, del 22 de novembre, qualificada de modificació de la Llei qualificada del règim electoral i del referèndum

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Law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the referendum since the General Council at its session of November 22, 2007 has approved the following: law 28/2007, of 22 November, qualified for the modification of the law of the electoral system and the preamble referendum after the approval of the Constitution in a referendum on 14 March 1993 , the General Council approved a series of laws that the current regulatory framework reformaren and adapted to the new situation, thus contributing to the institutional and democratic development of the country. In the context of this legislative development, on 3 September 1993, approved the law of the electoral system and the referendum in order to adapt the current electoral system to the social and political reality that unveiled the new constitutional text.

This law of the electoral system and the referendum was modified later on 26 November 1999, on 15 December 2000 and on 21 February 2005. The first modification was to repair the comparative tort existed between Andorran nationals and those who were derivative form or that they had recovered upon resignation. The second amendment, by contrast, came to give transparency and objectivity in the electoral process through the creation of the Electoral Board as ad hoc body which ensures the proper functioning of the electoral process. The last, in the context of the approval of the new penal code, chapter derogava sixth of the title and of the law, related to criminal offences, which were regulated in the penal code.

Now, it is necessary a new revision of this text in order to adapt it technically in the Andorran social reality, which has changed considerably, as evidenced by the significant increase in the number of voters. Thus, with the aim of promoting the simplification, clarity and coherence of the electoral process, modify certain aspects of the law of the electoral system and the referendum affecting, broadly speaking, to the publication of electoral lists, in the preparation and presentation of the candidacies, and the Organization of the election day and the voting process.

With regard to the electoral lists, has been defined with precision when are final-from the moment of the election or referendum – and when they are provisional, which must contribute to simplify the management of the electoral register. Likewise, when specified in the calculation of time limits the days are counting or natural, which affects both the terms of publication of electoral lists and the presentation of the candidates, in addition to the appeals that may have.

With regard to the preparation and the presentation of applications, the most important modifications focus on adapting the incompatibilities of the candidates in the current legislation – especially, in the field of the public function, in clarifying what are the errors subsanables in the presentation or the composition of the same he talks about the law-they will be those who can fix within a period of five hours-and to determine clearly the role of its presenters.

In relation to the organisation of election day voting process and the changes are remarkable for the extent of simplification and to streamline its operation. You can highlight the following: reducing the deadline for depositing the vote in court to match your home with the election campaign, removes the obligation to carry out the elections in the common house and is awarded in the Commons the opportunity to designate the polling that believe necessary, simplifying the circuit to follow for electors to cast their votes , establish clearly the cases in which a vote will be null when it recomptin votes, and the conditions are flexible for the mediators.

In addition to these changes that aim to improve technically, the text of the law of the electoral system and the referendum, we have introduced two improvements that, while not saved relationship between themselves, resolve some situations that demanded a urgent solution. First, it eliminates the impossibility for the andorrans who had acquired nationality by marriage to exercise the right of option to appear on the electoral lists of the parish of origin of the spouse at the time in what they decide to do so. And, secondly, it provides for the procedure to be followed for the election by exhaustion of the legislature, this aspect was not regulated in the law until now.

Last term, and considering that when they approved the modifications of the qualified law of the electoral system and of this referendum is not published never again part of all, we proceed now to approve the revised text of the law, which is to include in the initial text modifications provided to date and the new that now approve, with the renumbering of the articles and the modification of the internal referrals when this has been necessary.

Title i. General provisions chapter. The right of suffrage Article 1 Right to vote 1. Suffrage is universal, free, equal, direct and secret.

2. The right of suffrage is all andorrans, of legal age, with full use of their civil and political rights.

3. do not have the right to vote: a) the condemned by court ruling firm in the main or accessory penalty of deprivation of the right to vote, during the time of their fulfillment.

b) Are declared unable by virtue of court ruling firm, provided that this is expressly declared the inability for the exercise of the right of suffrage.

Second chapter. The electoral lists Article 2 inclusion in electoral lists Can exercise the right to vote in the elections the andorrans who, enjoying the right to vote according to the current legislation, are nominally registered on the electoral list of the parish of residence or of origin, on the date on which the above-mentioned list is completed.

Article 3 Characteristics and contents of the lists 1. The electoral lists are permanent. Its preparation is in the Commons, that the updated and published every six months.

2. Elections and referenda take place depending on the final list, with the modifications provided for by law.

3. The electoral lists must contain the name and surname of the elector and his passport number. The final electoral lists must contain, in addition, the electoral college and the mesa where the worker would vote.

Article 4 the electoral Register


1. the electoral register must contain the name and surname of each elector, the date and place of birth, address and passport number as well as the electoral college and the mesa where the worker would vote.

2. The record that contains the data is common to the files of the election.

Article 5 organisation of electoral registration 1. A copy of the common computer media organized electoral registration that, for the purposes provided for in this law, will be available to the General Council and of the Government, if requested.

2. The list of candidates in 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 address of electors.

Article 6 conditions of the registration to the mailing lists 1. The Commons must register on the electoral list 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.

Each has common to high automatically on the electoral roll of his parish by 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 in the electoral list of a parish, and that cessation as residents to have fixed their residence abroad, are registered on the electoral list of that parish, unless the interested exerciti the option provided for in article 7.

4. The andorrans who live abroad and who are not registered on the electoral list in 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 7 Entry in the lists of the parish of residence or of origin 1. Every elector registered on the electoral lists of the parish of residence can choose to switch 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.

2. Voters who have purchased Andorran nationality by marriage may exercise the right of option for the parish of origin of your spouse.

3. The voter who has opted for the registration on the electoral list of the parish of origin can get back the registration in the country of residence if you ask for the Town Hall of this and providing the documentation to justify the residence.

Article 8 publication of lists 1. All the communes have to post on your bulletin board 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 background and the data you have at your fingertips and corrects 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 who have obtained the right to vote in the parish since the previous publication of the electoral lists and eliminate data you have lost.

3. The common include ex officio to the list, in an annex, separate, all the people who, without having to do any file, might exercise the right to vote if they are of legal age and reach in this coming of age over the next six months, indicating the date from which they could make the right to vote.

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 final.

Article 9 Changes and updating of the lists 1. The options provided for in article 7 may exercise by applying the change in the lists 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, only electoral effects 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 previous day in the same.

Article 10 correction and objection to inclusion in lists 1. The person is regarded as having the right to vote and is not registered in the provisional list of voters, you can ask your common registration within a period of 15 days from the publication, and must make this request in writing and providing the documentation that you think appropriate.

2. Any elector can defend itself against, alone or together with others, the right to appear on the provisional electoral list of the person or persons who, in his opinion, does not have the right to vote, or not to have it in the parish where they are registered. For this purpose, you must make the corresponding challenge in common, in the same period of the previous paragraph.

Article 11 of the common Decision on corrections and appeals Are common will consider the requests received and pronunciaran within 8 calendar days, and included or excluded from the provisional electoral list corresponding names; then, in published a complementary relationship to the Board of the edicts and decretaran the demands accepted and also rejected, with the motivation that corresponds in its sole discretion.

Article 12 appeal against the decision of Commons 1. Against the decisions of common, including or excluding any person from the electoral list, interested parties may lodge an appeal before the courts within 8 calendar days following its publication.

2. If the resource is based on the violation of a fundamental right is regulated by the


urgent and preferential procedure foreseen in the Constitution.

Article 13 amendment of the lists as a result of a sentence Are common, immediately notified of a firm sentence acknowledging or denying the right to vote to some person, have to modify accordingly the final or provisional electoral lists, resulting in the effects necessary in order to carry out the vote.

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 list until the first review following the completion of the electoral process or referendum underway.

Third chapter. The candidates Article 15 people eligible are eligible all the andorrans, of legal age, in the full use of their civil and political rights, registered on the electoral lists and that are not subject to any cause of ineligibility.

Article 16 Causes of ineligibility 1. Are ineligible for all purposes: a) the judges of the Constitutional Court.

b) the members of the Superior Council of Justice.

c) the batlles and magistrates and members of the public prosecutor's Office.

of the members of the Electoral Board).

2. The causes of ineligibility of the previous section are also their incompatibility.

3. Cannot appear in a nomination the General Directors or members of the Government, in the case of communal elections, nor the members of the ordinary, in the case of the general election, if you previously have not lost this condition by their irrevocable resignation to the Office, in writing, before the corresponding organ. The recipient of the letter of resignation must communicate in writing to the Government or to the common, as required, to be able to validate the corresponding bid.

4. Are also ineligible are condemned to a firm sentence to sentence of imprisonment, during the time of its duration.

Article 17 incompatibility with the exercise of a public function exercise elective post both on the part of officials in active service as part of the people who remain with the Administration a working relationship with salary compensation is incompatible with the exercise of any elective office of the Administration to which they are attached.

Article 18 Ban to be part of more than one nomination no one will be able to be at once a candidate in two or more candidates in the same election. Neither candidate will be able to be simultaneously to the General Council and the Town Hall in the case that the election is performed on the same day.

Article 19 acceptance and number of candidates 1. The candidates will have to sign their acceptance on the part of a candidacy. Without fulfilling this requirement the nomination will not be valid.

2. It will be null and void any application in which placed more candidates than positions to provide, and the incomplete.

Article 20 the Presenters 1. No bid will be valid if it is not presented by 0.5% of the parish electoral or national, according to the electoral district and, in any case, for not less than ten presenters.

2. each presenter can only sign one nomination of parish Councillors and a single nomination of national constituency. For the verification and counting of the signatures, will remove all those that are repeated in the same constituency.

3. A candidate may not be host of his own candidacy.

Article 21 notification of the number of electors for the purpose of the calculation set forth in article 20.1, announced elections to the General Council or organized a referendum, the Government notified the common number of electors registered in the respective final poll, the next business day after their publication.

Article 22 presentation of the candidates 1. The nominations will be an official document provided by the Government that will include the name of the application, the name of the candidates and your passport number. The presentation will be done personally by two, at least, of the signatories of the application, which shall be the legal representation of this to all intents and purposes, and they certify, by affidavit, or to promise that all the firms of the presenters are true, under his own responsibility. The illegible signatures will have to reproduce, under each one, with legible font characters.

2. The presentation takes place in front of the common for candidates in electoral district and parish Government to those of the national constituency, up to 12 hours of the fifth working day from the date of publication of the announcement of the elections. The respective Secretaries n charged the reception with the approval of the head of Government or of the Consul, depending on the case. And then, as required, the common or the Government will verify its content.

Article 23 verification, proclamation and publication of applications 1. If the Act of verification observés the existence of errors esmenables in the composition or the presentation of one or some of the candidates, you should communicate this circumstance immediately to their legal representatives, for their rectification up to 17 hours of the same day.

2. Once you have verified the candidates the common n made the proclamation for the parish area and the Government for the national level, and will proceed to publication throughout the business day following the completion of the submission deadline.

Article 24 before the Electoral Board 1. Against the denial motivated or any of the proclamation of lists of candidates, the candidates and the legal representatives of the same may, within the period of one working day from the date of publication of the denial or proclamation, before the Electoral Board.

2. The Electoral Board immediately claim the records to the appropriate common or in the Government, which are sent within one business day, upon appointment of the representatives of the other nominations, which will have another working day to make allegations against the Electoral Board.

3. Against the agreement of the Electoral Board, which will be announced in the period of one working day following the deadline for the submission of allegations, there is no recourse before the administrative Hall of the High Court of Justice regulated in the present law.

Article 25 replacing a candidate for sentence, death or incapacity Given the case that any candidate lost the right to stand for judgment


firm connected to the head of Government or the consuls, as appropriate, for death or disability, to all the previous day on the set for the elections, it will be replaced in the voting by the next candidate on the lists, without the need for modification of the ballots.

The fourth chapter. The Electoral Board and the election campaign Article 26 duration of the electoral campaign In the election or once held a referendum, the Government fixed the duration of the electoral campaign period, which may not be less than ten days nor more than fifteen calendar days.

Article 27 functions and composition of the Electoral Board 1. The Electoral Board oversees operation of the electoral process in general, in all referendums and elections in the country, whether they be general or communal, ensuring its objectivity and the equality of opportunity of all candidates or alternatives. The General Council will have to provide the necessary means for the development of its functions, including the premises in which they have to meet, the assistance of experts or technicians and diets and bonuses of their vowels.

2. The Electoral Board consists of six members. Three of them have to be magistrates of the Batllia of Andorra, appointed by lot by the Superior Council of Justice.

The three remaining members must be lawyers or experts, appointed by the Audit Office in joint proposal of parliamentary groups and General Directors not attached. Also have to designate, in each case and in the same way, the respective alternate members, who must be three other mayors and three other lawyers or experts.

3. The members and alternates of the Electoral Board will be chosen: a) are appointed by the General Directors, within the ninety days following the first session of each term, and must be communicated to the Auditor General followed by the Superior Council of Justice.

b) are appointed by the High Council of Justice, in the first session that will develop after receiving the communication of the Audit Office referred to the previous letter.

4. The Bureau shall appoint the members of the General Directors when they have been designated in the above paragraph, and it will, after their oïts the parliamentary groups and General Directors not affiliated, for their respective representation.

5. all designations shall be notified to the Secretary general of the General Council, who shall summon the members for the inauguration and establishment of the Electoral Board within the next month.

6. The designations will maintain all its effects over the legislature and until there is new. On the same day of each general election or referendum, the Secretary general or communal consultation of the General Council shall summon the members designated to enter into operation the Electoral Board, in conjunction with the respective electoral process, within five days.

7. The Higher Council of Justice appoints the president and Vice-President of the Electoral Board from among the magistrates appointed by that institution as members of the Board. Who has presideixi casting vote in case of a tie. The meeting will be validly constituted with the presence of at least four members, having to be two of them mayors. It is called by the presideixi, by own initiative or at the request of two members, in the manner required by the urgency of the call.

8. The Secretary of the Electoral Board is the general Secretary of the General Council, which participate with voice but without vote in the deliberations. Is responsible, in particular, to ensure the immediate entry of the Board once summoned each of the electoral processes.

Article 28 Competence of the Electoral Board 1. Corresponds to the Electoral Board: a) Formulate the public authorities or the media, either at the request of an interested party or ex officio, all the observations that believe necessary on the development of the electoral process.

b) resolve any complaint or query interposed by interested parties on the development of the electoral process and that it is related to the specific competences of the Electoral Board.

c) Dictate, when they believe it necessary, provisions of general character.

d) moved to the public prosecutor the behaviors that may be constitutive of the crime.

e) any other competence that attributed by law.

2. Are legitimized to formulate queries, complaints or appeals to the Electoral Board that regulate in the present public authorities Law, candidates or their candidates or officers, electoral administrators, owners or directors of the media and voters in each case possess an interest sufficient legitimacy, which will be appreciated with priority for the Board.

3. The Electoral Board will adopt its agreements, in the form of recommendation, resolution or provision of a general nature, which will be published in the official bulletin of the Principality of Andorra. The agreements will be motivated to the extent necessary.

The resolutions and provisions will be compulsory for all public authorities and citizens and will become Executive immediately, being able to adopt the Board all the necessary provisional measures in case of emergency.

4. All the days and working hours are for the actions of the Electoral Board, which will inform and notify their agreements by means of which believe more convenient, including the telephone. Queries, complaints or resources of the interested parties must be formulated in writing in common role, without being necessary the performance of an attorney. The Board may refuse the admission of motivadament which are notoriously widespread, unfounded or shortly after or come made by those who do not have manifestly interest.

5. With regard to other aspects of the functioning of the Electoral Board, this is governed by the provisions of general character that she agreed, which will be published in the official bulletin of the Principality of Andorra and governed while are not modified by the same or by subsequent boards.

6. Against the regulations and resolutions of the Electoral Board can lodge an appeal before the administrative Hall of the High Court of Justice, within twenty-four hours following the notification of the decision of the Electoral Board. On the day of the filing of the appeal, the parties involved shall in the procedure and to the public prosecutor, for a period of twenty-four hours as possible the allegations deemed relevant.

The High Court will resolve within forty-eight hours, meaning


compliments to all intents and purposes the requirements of the Constitution.

Article 29 Propaganda and electoral meetings 1. Electoral propaganda posters will be placed in public spaces with this exclusive use are reserved for common. Outside of these areas, the public may not be used for posters, banners, stickers or similar objects.

2. the common fix the relationship of the spaces reserved for propaganda posters in general and must allocate a space equal to each candidate validly proclaimed. The allocation of spaces is done by lottery.

3. The common made available to the candidates, with the criteria of equality, the public schools to carry out electoral meetings.

4. The interested parties which discrepin of common decisions on the matters covered in this article will be able to lodge an appeal, within two working days following the notification or publication of the decision, in the face of the Electoral Board, which resolved within two business days, subject to a report of the ordinary, if performed.

Article 30 enabling means to the electoral campaign and professions of faith 1. The Government will set up the personal, economic and material required for the correct development of the electoral campaign and the elections, without prejudice to the powers of common.

2. The Government, with sufficiently in advance, it will reach all the electors in their census, an envelope containing professions of faith of the various candidates. All will have the same treatment in the documentation included in your presentation.

3. The Electoral Board will resolve within two days the resources that are interested can stand in a period of forty-eight hours against the decisions of the Government and of the common in the matters covered in this article, subject to a report of those, if the complaint were true.

Article 31 electoral Propaganda in the media 1. In the public media, the various candidates will have a free space of the same duration to expose their programs and ask for the vote. In any case, the time given in the general elections in the parish of candidates will not be greater than one-third of the time given to national applications. In communal elections, each candidate will have a time of equal length.

2. The directors of the public media will set the duration of the public radio and television areas that correspond to the various candidates. They can also offer the broadcasting of debates or interviews with the various candidates. In any case, decisions that adopt the directors of public media in the matters referred to in this section must be entirely connected to the representatives of the candidates.

3. The Electoral Board may issue, if you believe necessary, provisions of general character because the free spaces and the development of precise discussions or electoral interviews in the public media, as well as the publication of election surveys on them paid with public funds, respect the electoral pluralism and neutrality of information.

4. Since the election announcement until the end of the voting, the Electoral Board will solve the resources or complaints that any candidate or candidates may bring against the decisions and actions of public-owned media which may have impact on the electoral process, based on the violation of the rules of the present article, the respect for the political and social pluralism and neutrality of information of the media. The appeal must be lodged within the forty-eight hours after notification of the decision or to the knowledge of the performance and will be resolved within two days, subject to a report of the medium affected, if performed. In cases of urgency, the Board tentatively adopt the necessary measures.

5. If you think you need and when you appreciate noticeable recklessness in the resources, the Electoral Board shall warn the appellant and, in the event of recidivism, may impose a fine of between € 300.00 and 3,000.00 euros.

6. it is prohibited to insert or dissemination in any medium of communication of announcements and advertising paid for with public funds for institutional purposes, since the election call until the completion of the voting.

7. Any election survey that is funded by the public authorities and that they run in the same election period will be notified immediately after their completion, to the Electoral Board, which, within twenty-four hours, the will provide the representatives of the candidates and, where appropriate, of the parliamentary groups and General Directors not affiliated, represented in the General Council If it comes to a general election, or of parties or lists represented in the Commons, in the case of communal elections.

8. The private media will be able to hire election advertising with the candidates on condition not to discriminate any nor reject it, except that advertising contravenes the provisions of this law or constitutional principles. Election advertising with the private media will be issued with express indication of their character as such. The Electoral Board will have to solve the resources that may be formulated by interested parties who consider the partnership provisions of the present section.

Chapter five. The conditions of Article 32 vote voting Method voting is made personally to the Electoral College assigned to the elector or to legal deposit in the Batllia.

Article 33 vote for judicial deposit 1. The vote by the judicial deposit is only valid if it has been delivered with the envelope and the ballot papers in front of officers the Mayor between the first day of the electoral campaign and the 13 hours of the day prior to the conclusion of the voting.

2. The tank in front of the Mayor must make the elector that make use of this right, without being able to delegate to any other person.

3. The voter has to pick up the ballots to the corresponding common house. The envelopes, the characteristics expressed in the article 37.2, are guarded by the magistrates to whom the Government will be reached in sufficient numbers.

4. The magistrates have to do to get the votes that have been delivered to the corresponding polling stations formed for this purpose. These votes are introduced to the ballot box to the start of election day, checking the name and surname of the voter for the purposes of article 40.

Article 34 polling


1. The elections take place in every parish in the electoral colleges particularly abilities and appointed by the Commons.

2. In each electoral college are common may organize one or more polling stations, which will be the electors in alphabetical order in order to facilitate the vote.

Article 35 election day 1. All the votes will be held on Sunday.

2. The electoral college will open for voting at nine in the morning and will close at 7 p.m., being able to vote for all the people who at that time were in the room.

3. All persons with the right to vote may be absence from their jobs for two hours in order to be able to cash their vote. That absence will be remunerated and compulsory for those requests, and may not lead to any result in the workplace.

Article 36 polling stations 1. In each electoral college will provide the corresponding polling stations, formed at least by two members of the ordinary and the intervenors. The polling stations will be presided over by members of the ordinary order of Protocol. The people who are registered in the candidates cannot take part in the polling. However, in the event that all of the members of the Electoral Board, candidates will proceed to draw in the appointment of two members of the ordinary that should form part of the Committee, excluding the consuls and the heads of both major and minor list of each application.

2. Each of the groups of voters who have presented a candidate may appoint an auditor and one alternate auditor for polling station. The designation must be communicated in the Commons by the legal representatives of the bid a maximum working day prior to election day.

Article 37 envelopes and ballot papers 1. All electoral ballots must be of the same shape, size, color, and weight of paper in all polling stations. These features will be set by the Government.

2. The Government also will prepare a few envelopes, equal to the entire Principality, opaque, marked with stamps or other signs that make it impossible or very difficult for their replacement, of whom will deliver to every common enough in relation to the number of electors registered on the electoral lists. The remaining envelopes will be destroyed by common.

3. For the purposes of the preceding paragraph, the Government will report the number of common registered in the final poll.

Article 38 electoral Ballots available to voters from the second business day prior to the start of the vote for judicial deposit, the electoral ballots will be available to electors, in each commune, in the usual office hours to the public, until the day of the elections.

Article 39 aïlladores Booths at the place where the voting will take place there will be one or more cabins aïlladores, properly lit, with a table or desk on which there will be a sufficient number of ballots for each candidate list proclaimed, and other blank.

Article 40 the procedure to vote 1. In each electoral college, upon verification by the Bureau that the person concerned is registered in the electoral register ultimate, must respect the essential conditions following, in the order that best fits your organisation:-the identification of the person who exercises the right to vote.

-You receive one or more envelopes, according to the election call in question.

-That will remove, completely alone, in one of the cabins aïlladores in order to be able to enter inside the envelope or envelopes, without being seen by anyone, the ballot or ballots you choose.

-To enter the envelope or envelopes in the ballot box or ballot boxes as appropriate, with the prior authorization of the president of the Bureau.

2. A member of the Bureau is to carry out the count of the number of voters who carry our their right to vote.

Article 41 Scrutiny 1. When voted all voters who wish to do so, in accordance with article 35.2, the Bureau will proceed to practice the appropriate scrutiny.

2. After the vote and open the polls, will the number of envelopes. If there is concurrence with the number of voters, the president of the Committee will appear in the documentation of the scrutiny.

Article 42 Votes valid, spoiled and white votes 1. Are considered to be valid votes obtained votes cast, after having deducted the white votes and null votes.

2. Are considered null votes and no effect are expressed by: a) ballot papers are amended, incomplete or with more or less names that the charges to provide ballots in any way, indicate changes or preferences in the order of the lists and, in general, all those who contravene the sense of voting.

b) two or more ballots included in the same over that are not identical.

c) ballot papers with some written added.

d) Ballots stained if at the discretion of the polling station the stain has been willing to identify the ballot.

e) ballot papers other than those provided by the Government.

f) Ballots included in an envelope along with any other item.

g) ballot papers which do not correspond with the envelope of each constituency.

h) ballot papers introduced in the URN without on.

I) Envelopes introduced to ballot box without any ballot.

3. Are considered valid votes are cast by: a) two or more identical ballots included in the same envelope. In this case it is considered a single vote invalid.

b) Ballots stained if at the discretion of the polling station the stain has not been made with the aim to identify the ballot.

c) A ballot that is broken at the time of opening the envelope for carrying out the scrutiny. In this case it is considered that the ballot is complete.

4. Cannot be declared null votes for other reasons that are not prescribed by this law.

5. the white votes must be stated in the minutes of differentiated form of null votes.

6. The total valid votes and null votes that are disputed by a member of the Bureau or any auditor must attach to the documentation, and must state the number.

Article 43 conservation of ballot papers will be required to preserve the electoral ballots not appealed to the common house until fifteen days have passed since the election has been strong.

Article 44 minutes of scrutiny 1. The results of the votes are recorded in a record must sign all the members of the polling station. A certified copy of this should be sending to the Government immediately.

2. In the Act must state the number of electors entitled to vote, the number of voters and the number of null votes, white and those obtained by each candidate or each response in the event of a referendum.


3. It will also be in the record if the number of votes cast did not coincide with the voters or any other issue worthy of mention, in the opinion of the majority of the members of the Bureau. If you had disputed votes must be attached to the minutes.

Article 45 national Record in the elections to the General Council or in referenda the Government, in view of the acts of the electoral colleges, will the general count and will set the national record, and the head of Government in proclamarà the results.

Article 46 resource against the proclamation of election results Against the proclamation of the election results, either a resource before the courts, which is substanciarà by the urgent preferential procedure and referred to the Constitution if it is fonamentés in the violation of a fundamental right.

Title II. The general elections chapter. Article 47 election Decree of dissolution of the General Council and call for an election 1. The directors ' mandate just four years after his election or on the day of the dissolution of the General Council, envisaged by the Constitution.

2. The Decree of dissolution must set the date of the elections, to make between thirty and forty working days, as well as the duration of the election campaign, in the terms of article 26.

3. If the election takes place by simple exhaustion of the legal term of the legislature, the Decree of Convocation, which must be signed and published within a maximum period of five working days from the end of the legislature, should fix the date of the election and the duration of the election campaign.

Article 48 number of General Directors General Council consists of twenty-eight General Councillors, half of whom are elected at the rate of an equal number for each of the seven parishes and the other half are elected in national elections.

Article 49 of the nominations for candidates in the constituency electoral districts have parish parish include necessarily two candidates, accompanied by three substitutes.

Article 50 composition of the nominations for the national constituency candidates of the national constituency will be composed by an ordered list of 14 candidates and 3 substitutes that determines the General Councillors elected in accordance with the election results and the correlative order of replacement in case of vacancy.

Article 51 Ban appear in the two constituencies, A same person, to be a candidate or alternate may not appear simultaneously in a list of the parish and one of the national constituency constituency.

Article 52 procedure to vote according to the constituency 1. The election of General Councillors in the parish and in the national electoral constituencies, must take place on the same day and in the same electoral college.

2. For this purpose, will be enabled two ballot boxes at each polling station. The first ballot box, white, will be reserved for the choice of the candidates and ballot envelopes and parish will be white. The second ballot box, blue, will be devoted to the choice of the national candidates and the envelopes and ballot papers will be blue.

Article 53 certification of results and lifting a national Act 1. On the day of the vote, the polling stations will be a certificate of the results of the candidates in their respective electoral college. These certifications will be sent immediately to the Government, which made the final tally of the national constituency and determine all of the candidates elected.

2. The Government shall issue a national record and the head of Government proclamarà the names of all candidates elected, whatever the source of your choice.

Article 54 incompatibility with the position of Director general in addition to the causes of incompatibility provided for in articles 16 and 17, the post of Director-general is incompatible: in) with the head of Government, Minister or senior Government.

b) with the Consul or Minister of common.

c) free of charge with any appointment.

d) with any activity of labour character that would lead to a wage compensation of the General Council, of the Government and parapublic entities or public law, not having obtained leave of absence.

e) with the exercise of any delegation by the Government that goes beyond the period of six months.

Second chapter. Electoral system Article 55 vote of candidates by constituency voters to vote in the parish must complete the parish constituencies without altering them, otherwise your ballot or vote will be null.

Article 56 nomination Vote by national constituency candidates of the national constituency will be voted in its entirety, being spoiled by those who, in any way, indicate changes or preferences in the order of the lists.

Article 57 General Councillors elected in constituency 1 parish. Will be proclaimed General Directors, elected in the constituencies, candidates of the nomination votes parish.

2. If in the ballot there is a tie between two or more nominations, the following Sunday there will be a new vote between these candidates.

3. If the new voting there is another tie, as soon as you finish the scrutiny will be a draw that will consist of putting a ballot with the name of each candidate in the ballot box, and will be chosen the nomination the name goes first in the ballot box.

The extraction of the ballot the paid president of the polling station with total impartiality.

Article 58 General Councillors elected in constituency 1. For the determination of General Directors in the national constituency proportional system will be used, called the "rest higher".

2. For this purpose, in each nomination will be settled as many seats as the result of dividing the number of votes by the electoral quotient. If you carried out this operation not been covered all fourteen positions of Director general, the remaining seats will be adjudicarien to that or those candidates who already have representation and that they had the rest or remains higher, depending on the number of existing vacancies. If there is a tie in the adjudication of remains, it would solve in favour of the candidate with the largest number of absolute votes. If you also in absolute number of votes there is a tie, it would solve by lottery.

3. The electoral quotient is calculated by dividing the total number of valid votes to fourteen. If the electoral quotient so obtained was a number with decimals, you should round to the higher whole number.


4. The rest is that it is mathematically by dividing the total number of votes for each of the candidates by the electoral quotient. Are the votes for each candidate list spare who have not reached the number expressed by the electoral quotient. Example: electoral quotient = 8,350:14 = 596.42 (597 for rounding) in = 3,000 votes: 597 = 5 seats + 15 rest = 5 seats.

candidate B = 2,550 votes: 597 = 4 seats + 162 rest = 4 seats.

candidacy C = 1,975 votes: 597 = 3 seats + 184 rest = 3 seats.

bid = 825 votes: 597 = 1 seat + 228 rest = 2 seats.

Title III. Communal elections Article 59 duration of mandate and communal election 1. The term of Office of the directors of common has a duration of four years.

2. The fixed-head of Government, by Decree, the date of the elections, to be held during the twenty-first day of December of the election year. The same Decree, which must be posted between thirty and forty working days prior to the date of the elections, should fix the duration of the election campaign, in the terms of article 26.

Article 60 composition of Common Council 1. Common Councils will be composed of between ten and sixteen directors of common, always in even number.

2. the common tips, chosen in accordance with this law, will be able to modify the number of Directors in common within the margins expressed in the first paragraph, provided that such an amendment is approved by two-thirds of its members. Because this agreement to take effect for the next election will have to take a year before the celebration of these.

Article 61 Nominations nominations, which will be presented by a communal 0.5% of parish Census and, in any case, for not less than ten presenters will be composed by an ordered list of as many candidates as directors of common choice in the parish and two substitutes. Voters will be voting lists in its entirety, without being able to alter the order or indicate your preferences for one or another candidate.

Article 62 the attribution of seats 1. Made the election, shall be responsible directly to the nomination votes in each parish the half of the Board members in common, whatever the difference in votes with the rest of the nominations. The other half of Directors in common will be distributed proportionally among all the candidates, including the most voted, by application of the system described in article 58, adapting it to the number of Directors common to deliver proportionately.

2. In case of a tie between two or more candidates, would correspond to each of them a part just as the half assigned to the direct consequence list and, if it were not possible to exact distribution, the seat or seats leftover would be gathered from common number of Directors to deliver proportionately.

Article 63 of the results on the same day of the election the polling stations should set up a certification of results in their respective electoral college and to send it, immediately, to the Government. This should check the certifications and lift the results, and the head of Government proclamarà the names of all candidates who have been elected.

Article 64 choice of major and minor, Consul motion of censure and resignation 1. The major and minor consuls shall be elected from among and by the directors in common. Not be able to play more than two consecutive mandates complete.

2. the consuls greater or less shall in his position if it is presented a motion of censure, with a counselor as a candidate and this earn the favourable vote of the absolute majority of the members of the Common Council.

3. If the motion of censure does not reeixís, the Managing Director of common alternative candidate could be presented as not featured again in all the other delegates of the mandate.

4. The senior Consul or Consul minor may submit for the irrevocable resignation of his position, going to be members of the Common Council. His replacement will be carried out by means of the same system with which they were elected, and will have to take place during the fifteen calendar days following the submission of his resignation.

5. Any common counselor may present to the senior Consul or consul under their irrevocable resignation to the Office, which will take effect from the fifteen calendar days of having submitted. The replace in the position following the last elected candidate of their electoral list.

Article 65 Incompatibilities of members of the Common Council in addition to the causes of incompatibility provided for in articles 16 and 17, the position of a member of the Common Council is incompatible with the position of head of Government, Minister or senior Government.

Article 66 Incompatibilities of the consuls greater and smaller trademarks the incompatibilities provided for in the previous article, the posts of senior Consul and lower are incompatible with any activity that involves being on the payroll of the General Council, of the Government, another common, parapublic entities or public law, public companies or organizations or Governments who depend on a foreign State, not having obtained leave of absence.

Title IV. The first chapter of referendums. The referendum of constitutional amendment 67 Article announcement of referendum 1. Approved a draft amendment to the Constitution by the General Council, as is expected, the Syndic general will deliver to the co-princes for simultaneously and together, are asked to referendum.

2. The date of carrying out of the referendum it will be fixed by the General Council and, in any case, it will be before you have spent thirty days after the communication to the co-princes.

Article 68 Ballots and envelopes the Government will prepare and deliver to the common and the magistrates the voting ballots and official envelopes.

There are printed ballots will contain the question, as it has been raised by the General Council and also the two response alternatives, in a ballot "If" and other "NO". There will be also white ballots.

Article 69 the participation of groups of electors Are groups of voters who support any option in the referendum have the same legal consideration applications and are subject to the same requirements for signatures that, as described in the third chapter of the title first.

Article 70 proclamation of results Made the count, as described in article 45, the Government set the national record of the result of the referendum. The modification of the Constitution will be adopted if the number of votes cast by affirmatives Andorran village


exceeds the number of negative votes. The head of Government proclamarà the result of the referendum immediately.

71 article ratification of the constitutional amendment once approved the project of reform of the Constitution by the Andorran people in a referendum, the Syndic general will deliver to the co-princes for their ratification. Will accompany the text of the reform a certified copy of the minutes of the provisional national result.

Second chapter. The Advisory referendum Article 72 call for consultative referendum Approved the conduct of a referendum on a question of political command, as described in the Constitution, the head of Government will launch the co-princes for the summon.

Article 73 fixing date and question the date and the question of the referendum will be set by the Government with the agreement of the General Council.

Article 74 proclamation of local and national results, the proclamation of the results will be done in a way that is simultaneously clear and manifest the will expressed by the voters of each and every one of the parishes and of the Andorran people.

Additional provision for the calculation of working days, we will apply the schedule of public holidays set by the Government.

Final provision this law shall enter into force on the day of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, November 22, 2007 Joan Gabriel i Estany 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 Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra