GENDER PARITY IN AREAS OF POLITICAL REPRESENTATION

Law 27412

National Electoral Code. Amendment.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

GENDER PARITY IN AREAS OF POLITICAL REPRESENTATION

Article 1 °.-Amend Article 60a of Chapter III-Official of the list of candidates, Title III of the pre-electoral acts, of the National Electoral Code, which shall be worded as follows:

Article 60a: Requirements for the formalisation of the lists. The lists of candidates to be presented for the election of national senators, national deputies and parliamentarians of Mercosur must be integrated in an interspersed way to women and men from the first/a candidate/to holder until the last/a candidate/alternate.

The political groupings which have reached one and a half per cent (1.5%) of the votes validly cast in the district concerned in the primary elections must present a single list by category, not by admitting co-existence. lists even if they are identical between the alliances and the parties that integrate them.

The political groupings shall submit, together with the request for the official lists, complete filiation data of their candidates, the last registered office and an affidavit signed individually by each of them. In this Code, in the Organic Law of Political Parties, in the Law of Financing of Political Parties and in the Law of Political Parties, it is stated that the candidates will not be included in the National Constitution. Protocol Establishing the Mercosur Parliament.

The candidates may appear on the lists with the name or nickname with which they are known, provided that the variation of the name is not excessive or of confusion at the discretion of the judge.

No list shall be made official which does not meet these requirements, nor shall it include candidates who have not been elected in the primary elections by the same group and by the same category for which they are presented, except for resignation, death or incapacity of the candidate/presidential candidate of the group in accordance with Article 61.

Article 2.-Amend article 157 of Chapter II of the National Electoral System Title VII National Electoral System, the National Electoral Code, which shall be worded as follows:

Article 157: The scrutiny of each election shall be carried out by list without taking into account the entries or substitutions the voter has made.

The two (2) holders corresponding to the list of the party or electoral alliance which obtained the majority of the votes cast and the first/the first of the following list in the number of votes shall be elected. The second/second holder of the latter list shall be the first/alternate member of the Senator who has been elected by her.

In the event of death, resignation, separation, inability or permanent incapacity of a senator/national from the list that has obtained the majority of votes cast, the senator/a substitute of equal sex. If no women remain on the list, the seat shall be considered vacant and Article 62 of the National Constitution shall apply.

In the event of death, resignation, separation, inability or permanent incapacity of a senator/national from the list that has resulted in the number of votes cast, he/she shall be replaced by his/her order.

Article 3.-Amend Article 164 of Chapter III of the National Electoral System, Title VII, of the National Electoral Code, which shall be worded as follows:

Article 164: In the event of death, resignation, separation, inability or permanent incapacity of a Member/a National, the candidates of the same sex who appear on the list as candidates according to the established order will be replaced.

Once the vacancy has been exhausted, the vacant posts shall be filled in accordance with the ranking entered in the respective list and the criterion set out in the preceding paragraph. If no women or men remain on the list, the seat shall be considered vacant and Article 51 of the National Constitution shall apply. In all cases the replacement shall be performed until the end of the term of office of the holder.

Article 4 °.-Amend Article 164 of Chapter IV of the members of the Common Market of the South (Mercosur), of Title VII National Electoral System, of the National Electoral Code, which will be worded as follows:

Article 164 octies: Replacement. In the event of death, resignation, separation, inability or permanent incapacity of a member of the MERCOSUR [Common Market of the South], the same sex shall be replaced by the same sex as in the list according to Article 164 septies.

Article 5-Amend point (a) of Article 26, Chapter III Presentation and formalization of lists, of Title II, open, simultaneous and compulsory, of Law 26,571, of Democratisation of the Political Representation, the Transparency and Electoral Equity, which will be worded as follows:

Article 26: Party electoral boards shall also be integrated with one (1) representative of each of the official lists.

The lists of candidates must be submitted to the electoral board of each grouping up to fifty (50) days before the primary election for their official office. The lists must comply with the following requirements:

a) Number of pre-candidates equal to the number of posts holders and alternates to select, respecting gender parity in accordance with the provisions of Article 60a of the National Electoral Code;

(b) Nomina of pre-candidates accompanied by statements of acceptance of the application subscribed by the precandidate, indication of domicile, number of national identity document, registration book or civic book, and affidavit of to meet the relevant constitutional and legal requirements;

c) Designation of proxy and financial-financial responsible for list, for purposes set forth in the Law of Financing of Political Parties, and constitution of special address in the seat of the electoral board of the grouping;

(d) Name of the list, by colour and/or name, which may not contain the name of living persons, of the political grouping, or of the parties which shall integrate it;

(e) Avales provided for in Article 21 of this Law;

f) Affidavit of all the pre-candidates of each list committing themselves to respect the electoral platform of the list;

g) A programmatic platform and a declaration of the means by which it will spread it. The lists may submit copies of the documentation described above to the electoral justice system.

Article 6.-Amend point (b) of Article 3 of Title I General Principles, of Law 23.298, Organic of Political Parties, which shall be worded as follows:

Article 3: The existence of the parties requires the following substantial conditions:

a) Group of voters, united by a permanent political link;

(b) a stable and functioning organization governed by the organic charter, in accordance with the internal democratic method, by means of periodic elections of the authorities and party organizations, in the form established by each party, respecting the gender parity, without the need for strict compliance with the principle of alternation;

c) Judicial recognition of their legal personality as a party, which implies their registration in the corresponding public register.

Article 7 °.-Amend Article 21 of Chapter I Of the Organic Charter and Electoral Platform, Title III of the Doctrine and Organization, of Law 23.298, Organic of Political Parties, which shall be worded as follows:

Article 21: The organic charter constitutes the fundamental law of the party in whose character the powers, rights and obligations of party govern and to which its authorities and affiliates must necessarily adjust its performance, respecting the gender parity in access to party posts.

ARTICLE 8.-Incorporate as point (h) to Article 50 of Title VI of the expiration and extinction of the parties, of Law 23.298, Organic of Political Parties, the following text:

Article 50: The reasons for the expiry of the political personality of the parties:

(h) The violation of gender parity in the elections of authorities and party organizations, after intimation to the party authorities to conform to that principle.

Article 9 °.-Invite the political parties to adapt their statutes or organic letters to the principles and provisions of this law.

ARTICLE 10.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON 22 NOV 2017


MARTA G. MICHELETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan P. Tunessi.