Law on modification of the law of the electoral system and the referendum since the General Council in its session of 15 December 2000 approved the following: law on modification of the law of the electoral system and the referendum preamble the current law of the electoral system and the referendum, dated September 3, 1993 , the Government attributed to ensure the proper functioning of the electoral process in general, and other important skills of an election campaign, especially fixing the duration of the electoral areas in public media.
In addition to the insufficient legal regulation of many of these competences is not considered satisfactory to be the Executive who control the transparency and objectivity of electoral processes, in which the party or parties that have supported you can attend with their nominations. The contradiction of interests that it represents can place the Government in situations that involved questions the good functioning of the institutions.
Should be, on the contrary, an independent ad hoc body which, under the form of Electoral Board, assume these functions and essential powers of control of the electoral process. The Electoral Board acts in the general election, the village, and referenda, but its composition and functioning, in honor of the simplicity and functionality, are the same in all processes.
The performance of the Electoral Board is focused especially to resolve immediately the Executive resources or complaints that you conduct, but also to make recommendations, either ex officio or at the request of interested parties, and to publish general provisions when they think appropriate and always in the right field of competence. It also provides the possibility of further sanctions, in particular those that make up the article 53 of the current electoral Law and others that are incorporated in the present law, as provided for in the new article 33.5, aimed to consider the filing abusive or media purposes exclusively of electoral resources.
It also modifies the article 58 of the law in the sense that the candidates of the parish Councillors candidates must be accompanied by three substitutes, instead of two.
It is expected that the executive decisions or the General provisions of the Electoral Board may appeal to the administrative Hall of the High Court of Justice.
Although the major powers of the Electoral Board will refer to actions of the public authorities and the media owned by the public, the law also establishes that the private media are subject to their jurisdiction regarding the advertising of electoral nature.
Article first modifies the contents of the second chapter of the title and of the law of the electoral system and the referendum, of 3 September 1993, deleting the article 14 the words "ex officio semiannual" and adding a paragraph 4 to article 8, with the following wording: 4. The communes have released the final list of the electoral roll to 3 days from the election or referendum.
The second article modifies the content of article 26 of the law of the electoral system and the referendum, of 3 September 1993, which is worded as follows: Article 26 1. Against the denial or proclamation of any of the candidates, the candidates and the legal representatives of the same can present, within a period of twenty-four hours, before the Electoral Board.
2. The Electoral Board immediately claim the records to the appropriate common or in the Government, which are sent within twenty-four hours, by appointment of the representatives of the other nominations, which will have a further twenty-four hours to make allegations against the Board.
3. Against the agreement of the Electoral Board, which will be announced within twenty-four hours after 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 third modifies the content of paragraph 1 of article 35 of the law of the electoral system and the referendum, of 3 September 1993, which would be worded as follows: Article 35 1. The vote by the judicial deposit will be valid if it has been delivered with the envelope and the ballot papers in front of the official Mayor between the fourth day after the proclamation of the candidates and the day prior to the conclusion of the voting.
Article fourth modifies the content of paragraph 1 of article 38 of the law of the electoral system and the referendum, of 3 September 1993, which would be worded as follows: Article 38 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.
Article fifth modifies the contents of the fourth chapter of the title and of the law of the electoral system and the referendum, of 3 September 1993, reformulating the article 28 more precisely and writing of new articles 29 to 33, which are as follows: the fourth Chapter. The Electoral Board and the election campaign Article 28 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.
Article 29 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 will be magistrates of the Batllia of Andorra, appointed by lot by the Superior Council of Justice. The
the three remaining members will be lawyers or experts, appointed by the Audit Office in joint proposal of parliamentary groups and General Directors not attached.
It also will designate, in each case and in the same way, the respective vowels substitutes, which will be three other mayors and three other lawyers or experts designated by the General Directors.
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 30 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) Impose, after the appropriate report, the sanctions referred to in article 53 of this law.
f) any competition 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 made in writing in the common role, without being necessary the performance of an attorney to act. 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 of 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 31 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 system the relationship of the spaces reserved for general propaganda posters and used a space equal to each candidate validly proclaimed.
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 forty-eight hours after the notification or publication of the decision, in the face of the Electoral Board, to resolve it within a period of two days, subject to a report of the ordinary, if performed.
Article 32 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 33 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 euros and 3,000 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.
Sixth article modifies the article 58 of the law on the electoral system and the referendum, which happens to have the following wording: Article 58 On the candidacies of the parish have constituencies appear necessarily two candidates, accompanied by three substitutes.
Article seventh Will delete the seventh chapter of the title and of the law. Articles 54 and 55 are, therefore, no content.
Exceptional transitional provision, for the appointment of the Electoral Board for the general elections to be held in 2001, will adopt the following measures: a) within a maximum period of four working days from the entry into force of this law should be made up of the Electoral Board.
b) for the appointment of three members of the Electoral Board in joint proposal of parliamentary groups and General Directors not assigned, shall apply the provisions of article five, fourth chapter, article 29.4 of this law.
c) with regard to the appointment of the three members appointed by the High Council of Justice, the Audit Office, on the day of the entry into force of the present law, will inform the Superior Council of Justice, which in the period of two days, has to appoint the magistrates who will form the Electoral Board.
All designations should be communicated to the Secretary general of the General Council, which in the period of a day shall summon the members for the inauguration and establishment of the Electoral Board.
Repealing provision With the entry into force of this law, is repealed the electoral Law of 13 July and 2 October 1987, the law on modification of article 12 of the electoral Law of 24 October 1989 and any other equal or inferior rank policy that contradicts or is inconsistent.
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, 15 December 2000, Francesc Areny Casal 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.
Jacques Chirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra