NATIONAL ELECTORAL CODIGO Law 26,744 Amend Act No. 19.945. Sanctioned: May 16, 2012 Promulgated: June 7, 2012 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 — Incorporate as article 18 of Law 19.945 (Dec. 2135/83) and its amendments, the following:
Article 18:
Registration of offenders to the duty to vote. The National Electoral Chamber shall keep a record of offenders to the duty to vote set out in article 12. After each national election, it will draw up a list by district, with name, surname and registration of those who do not have a record of voting, which will inform the Executive. The provincial governments and the Autonomous City of Buenos Aires will be able to request the House the list corresponding to the voters of their district.
ARTICLE 2° — Amend article 34 of Act No. 19,945 (No. Decree 2135/83) and its amendments, which shall read as follows:
Article 34:
Security forces personnel. Twenty-five (25) days prior to each election, the heads of the security forces will inform the electoral judges that the number of officers who review their orders and the voting establishments to which they will be affected is appropriate. The electoral judges shall incorporate the staff concerned into a supplementary register of one of the tables in such place, provided that for their domicile in the electoral register it is appropriate to vote for all categories of the same jurisdiction.
ARTICLE 3° — Add following the first paragraph of Article 75 of Law 19.945 (Decree 2135/83) and its amendments:
The board authorities shall be placed on the pattern of the table for which they are appointed.
ARTICLE 4° — Replace article 87 of Act No. 19.945 (No. Decree 2135/83) and its amendments, which shall read as follows:
Article 87:
Inadmissibility of voting. No authority, nor even the electoral judge, may order the chairman to admit the vote of a citizen who is not registered in the copies of the electoral roll.
ARTICLE 5° — Replace article 95 of Law 19.945 (t. Decree 2135/83) and its amendments, which shall be drafted as follows:
Article 95:
Voting confirmation. Continuous act the president will point out in the electoral roll of the voting table that the citizen issued the suffrage, in the sight of the prosecutors and the elector himself.
The elector shall also be given a record of the issuance of the vote containing the following data: date and type of choice, full name and surname, number of the elector and nomenclature of the table, which shall be signed by the president in the place for the purpose. The format of such record shall be established in the regulation.
Such a record shall be sufficient for the purposes provided for in articles 8, 125 and 127 second paragraph.
ARTICLE 6° — Replace article 125 of Law 19.945 (t. Decree 2135/83) and its amendments, which shall be drafted as follows:
Article 125:
No voting. A fine of fifty pesos ($ 50) will be imposed on five hundred pesos ($ 500) to the elector who will stop casting his vote and will not be justified before the national electoral justice within sixty (60) days of the respective election. When the non-emission is credited for any of the grounds provided for in article 12, a record shall be given. The offender may not be appointed to perform public duties or jobs for three (3) years from the election. The district electoral judge, if not that of the offender ' s domicile at the date provided for in article 25, shall communicate the justification or payment of the fine to the electoral judge where the elector was registered.
It will be sufficient cause for the application of the fine, the objective finding of the unjustified omission. Proceedings and court rulings arising from voters who do not consent to the application of the fine may include an offender or a group of offenders. The resolutions will be appealed to the uprising of national electoral justice.
ARTICLE 7° — Replace article 126 of Law 19.945 (t. Decree 2135/83) and its amendments, which shall be drafted as follows:
Article 126:
Payment of the fine. Payment of the fine shall be credited through a record issued by the electoral judge, the secretary or the judge of peace.
The offender who does not oblare will not be able to make arrangements or proceedings for one (1) year before the national, provincial, provincial, Autonomous City of Buenos Aires or municipal government agencies. This period will begin to run from the expiration of sixty (60) days established in the first paragraph of Article 125.
ARTICLE 8° — Replace article 127 of Law 19.945 (t. Decree 2135/83) and its amendments, which shall be drafted as follows:
Article 127:
Constance of administrative justification. Communication. The heads of the national, provincial, of the Autonomous City of Buenos Aires or municipal bodies shall issue a record, according to the model that establishes the regulation, that proves the reason for the omission of the suffrage of the subordinates, clarifying when the same has been originated by acts of service by legal provision, being sufficient to have it as non-infruit.
All employees of the national, provincial, provincial public administration of the Autonomous City of Buenos Aires or municipal will present to their immediate superiors the record of issuing the vote, the day after the election, to allow the control of the performance of their duty to vote. If they do not do so, they will be sanctioned with suspension of up to six (6) months and in case of recidivism, they will be able to reach the cessation.
The chiefs in turn will give notice to their superiors, in writing and immediately, of the omissions in which their subordinates have incurred. The omission or inaccuracy of such communications shall also be punished with suspension of up to six (6) months.
Of the records that they issue will give account to the national electoral justice within 10 days of a national election. These communications will have to establish the name of the employee, the last address contained in his document, class, electoral district, section, circuit and table number in which he was to vote and cause for which he did not.
ARTICLE 9° — Replace article 133 of Law 19.945 (t. Decree 2135/83) and its amendments, which shall be drafted as follows:
Article 133:
Public employees. Sanction. A fine of five hundred pesos ($ 500) shall be imposed on public employees who admit arrangements or procedures to their respective offices or units up to one (1) year after the deadline set in article 125, without requiring the presentation of the record of the issuance of the suffrage, the corresponding justification or the record of the payment of the fine.
ARTICLE 10. - Replace article 167 of Act No. 19.945 (t. Decree 2135/83) and its amendments, which shall read as follows:
Article 167: La Libreta de Enrolamiento (Law 11.386), la Libreta Cívica (Law 13.010) and the National Identity Document (D.N.I.), in any of its formats (Law 17.671) are enabling documents for the purposes of this law.
ARTICLE 11. - Default of the second paragraph of article 58, article 74, subparagraph 2 (c) of article 86 and article 96 of Act No. 19.945 (t. Decree 2135/83) and its amendments, and any other rule contrary to the present.
ARTICLE 12. - Contact the National Executive.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIECIALS OF THE MONTH OF THE YEAR DOS MIL DOCE.
# 26,744 #
JULIAN A. DOMINGUEZ. - BEATRIZ ROJKES DE ALPEROVICH. — Juan H. Estrada. - Gervasio Bozzano.
