National Electoral Code. Modification.

Original Language Title: Código Electoral Nacional. Modificación.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10626331/20160703

ELECTION of parliamentarians from MERCOSUR election of parliamentarians from MERCOSUR law 27,120 National Electoral Code. Modification. Adopted: 29 December 2014 promulgated: 06 January 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: election of parliamentarians of the MERCOSUR chapter I amendments to National Electoral Code article 1 - amending article 53 of the National Electoral Code, which is drawn up in the following way: article 53: call and the date of elections. The call to election of charges national and of parliamentarians of the Mercosur will be made by the power Executive national. The choice of national positions will be held the fourth Sunday of October immediately prior to the termination of the mandate, without prejudice to the provisions of article 148. The election of parliamentarians of the Mercosur was held the day of the Mercosur citizen.
Article 2 ° - amended article 60 of the National Electoral Code, which is drawn up in the following way: article 60: registration of candidates and order of formalization of lists. Since the proclamation of the candidates in the primaries and up to fifty (50) days prior to the election, Parties shall register with the electoral judge lists set forth candidates, who must satisfy the conditions of the cargo which are postulated to be not included in any of the legal disabilities. For the election of the President and Vice President of the nation, and of parliamentarians of the Mercosur by District national, the presentation of them formulas and of them lists of candidates is held before the judge federal with competition electoral of the Capital Federal. In the case of the election of members of Mercosur by provincial regional districts and the autonomous city of Buenos Aires, national senators and national deputies, the presentation of the lists of candidates will take place before the federal judge electoral competition of the respective district.
https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09 article 3 ° - merge as article 60 bis of the National Electoral Code the following: article 60 bis: requirements for the formalization of the lists. Lists submitted must be women in a minimum of thirty percent (30%) candidates to choose charges and in proportions with the possibility of being elected, according to the provisions of the Act 24.012 and its regulatory decrees. In the case of the categories national senators to meet this minimum quota, the lists shall be formed by two persons of different sex, both for headlines candidates as deputies. Political groupings which have reached in the primaries the one and a half percent (1.5%) of the votes validly cast in the district concerned, must submit a single list by category, not allowing the coexistence of lists even though they are identical between alliances and parties that comprise them. Political groupings will present, together with the request for official recognition of lists, full affiliation details of candidates, the last election address and an affidavit signed individually by each of the candidates, where is revealed to not be included in any of the disabilities laid down in the national Constitution, in this code, the organic law of the political parties , in the Act of financing of the parties political and in the Protocol establishing of the Parliament of the Mercosur. Candidates can appear on the lists with the name or nickname with which are known, provided that the variation of the same is not excessive or give rise to confusion at the discretion of the judge. Any list that does not meet these requirements, nor to include candidates who elect not have resulted in the primaries by the same group and the same category by which arise, except in the case of resignation, death or incapacity of the presidential candidate of the group pursuant to article 61 will be not formalized.
Article 4 ° - merge as article 120 bis of the National Electoral Code the following: article 120 bis: parliamentary final computation of the Mercosur. Notwithstanding the communication provided for in article 124, the national electoral commissions should report within the period of thirty-five (35) days, since the final ballot, began the parliamentary results of the election in the category of Mercosur to the National Electoral Chamber, realizing, and where appropriate, of the pending issues relating to that category. When not there are pending issues relating to the election of parliamentarians from Mercosur, or which has not altogether might alter the distribution of seats, the National Electoral Chamber will proceed to make the distribution of charges according to the procedures provided for by this code. The list of elected officials shall be communicated to the Legislative Assembly for its proclamation.
Article 5 ° - modified article 122 of the National Electoral Code which is drawn up in the following way: article 122: proclamation of the elected. The Legislative Assembly, in the case of President and Vice President, and members of Mercosur, and national electoral boards of the districts, in the case of national deputies and senators, will proclaim that to be elected, making them the documents proving his character.
https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09 article 6 °-modify is the article 124 of the code Electoral national, that is drafted in the following way: article 124: Act of scrutiny. Testimonies. All of these procedures are indicated in an act that the Board will be extended by his Secretary and that it will be signed by all its members. The National Electoral Board of the district will send testimony of the Act to the National Electoral Chamber, the Executive power and the parties involved. The Ministry of the Interior and transportation will retain for five (5) years testimonies of the proceedings that the boards sent him. En_el_caso_de the election of parliamentarians from Mercosur National Electoral Chamber will be extended by its Secretary a report stating: to) the sum of the results reported by national boards electoral lists chosen by national District; (b) who have been elected parliamentarians from Mercosur titular and Deputy, national district and regional provincial and districts of the city of Buenos Aires, by implementation of the system provided for in this code. The National Electoral Board respective or, where appropriate, the National Electoral Chamber, be granted also a duplicate of the certificate corresponding to each of the elected, together with a diploma.
Article 7 ° - incorporated into title VII of the National Electoral Code - Law 19.945 and its amendments-as chapter IV, under the name "the choice of the members of Mercosur", what follows: Chapter IV of parliamentarians from Mercosur article 164 bis: election system. Members of Mercosur will be elected by a mixed system: to) twenty-four (24) members of Parliament are elected directly by regional district: a parliamentarian for each of the 23 provinces and a member of Parliament for the city of Buenos Aires; (b) the rest of parliamentarians will be elected in form direct by the people of the nation, by District national, to which end the territory national is a district only.
Article 164 ter: application by provincial regional districts and of the city of Buenos Aires. You can apply candidates to members of the Mercosur regional provincial district and of the city of Buenos Aires, corresponding district political groupings. Each voter will vote for a single list formalized of a unique candidate with two alternates. Will be Mercosur parliamentarian elected by provincial regional district or in the case of the city of Buenos Aires, the candidate of the political grouping, who obtains the majority of votes in the respective district.
Article 164 quater: application by national district. You can run lists of candidates for members of the Mercosur by national district, political groupings of national order. Each voter will vote for a single formalized list of headlines candidates whose number shall be equal to the charges to cover and an equal number of alternate candidates. Charges to cover shall be allocated in accordance with the order established by each list and according to the following procedure https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09: a. the total number of votes obtained by each list that has reached at least three percent (3%) of the national electoral register will be divided by one (1), two (2), three (3) and so on until you reach the number equal to the charges to cover; b. the resulting ratios, regardless of the list that come from, will be ordered major minor in a number equal to the charges to cover; c. If two or more equal ratios you will order them in direct relation with the total number of votes obtained by the respective lists and if they have achieved equal number of votes the ordering will result from a draw that to this end the National Electoral Chamber; must practice (d. to each list as many charges as at times correspond you your ratios listed in the order indicated in subparagraph (b)).

Article 164 d: presentation of models of ballots. For the category parliamentarians of the Mercosur is will present two sections of ballots: a corresponding to the choice of parliamentarians of the Mercosur by District national, before the Board Electoral national of it Capital Federal; and another corresponding to the election of parliamentarians of the Mercosur by districts regional provincial and of the city autonomous of Buenos Aires, before them together electoral national of the respective districts.
Article 164 sexies: scrutiny. The scrutiny is practiced by list formalized by each grouping, without take in has them studded or substitutions that has effected the voter.
Article 164 septies: proclamation. Be announced members of Mercosur to who are elected according to the system described above. They will be alternates from each list, unelected holders and alternates who integrated it, according to the order in which included.
Article 164 g: substitution. In the event of death, resignation, separation, disability or permanent disability of a member of the Mercosur Parliament replaced it which figure as first alternate in your list according to article 164 septies.
Chapter II amendments to the Law 26.215, of financing of political parties article 8 ° - amending article 34 of the Law 26.215, which is drawn up in the following way: article 34: campaign contributions. The law of budget general of the Administration National for the year in that need to develop is elections National must determine the amount to distribute in concept of contribution extraordinary for campaigns electoral. For the years when presidential elections are to be the general budget of the National Administration Act should provide for four (4) distinct items: one (1) for the election of the President, and the financing of the second ballot as provided in this law, the second for the election of members of the Mercosur, the third for the election of national senators , and the fourth for the election of national deputies. For the years in which elections are only made general budget of the National Administration Act should provide for the latest two (2) items. In the same way, in the aforementioned years must have items similar by category of posts to https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09 to choose for extraordinary contribution of electoral campaigns for the election primary, equivalent to fifty percent (50%), which is expected for general election campaigns.
Article 9 ° - amending article 35 of the Law 26.215, which is drawn up in the following way: article 35: provide printing of ballots. The address national election of the Ministry of the Interior and transport shall grant political groupings which oficialicen applications the economic resources that allow them to print the equivalent of a ballot and a half (1.5) per voter registered in each district for each category that corresponds to choose. National Electoral Justice shall inform the National Electoral direction quantity lists pertinent to the corresponding election which shall make the appropriate distribution, by electoral district and category.
ARTICLE 10. -Amending article 36 of the Law 26.215, which is drawn up in the following way: article 36: distribution of contributions. (Them funds corresponding to the contribution for the campaign electoral, both for them elections primary as for them General, is distributed between them groupings political that have made lists of candidates of the following way: 1. elections presidential: to) fifty percent (50%) of the amount assigned by the budget in form equal between them lists presented; b) fifty percent (50%) of the amount allocated by the budget shall be divided among the twenty-four (24) districts, in proportion to the total of voters each. Carried out such an operation, it will distribute to each political grouping in proportion to the number of votes that the party would have obtained in the previous general election for the same category. In the case of alliances or confederations, will be calculated the sum of the votes that have obtained the parties members in the previous general election for the same category. Political groupings involved in the second round will receive as inputs for the campaign a sum equal to thirty percent (30%) of the greater contribution of campaign for the first round. 2. elections of Deputies: the total of the contributions will be distributed among the twenty-four (24) districts in proportion to the total of voters for each. Effected such operation, the fifty percent (50%) of the amount resulting for each district is will distribute in form equal between them lists presented and the remaining fifty percent (50%) is will distribute to each party political, Confederation or Alliance in form proportional to the amount of votes that the party had retrieved in the choice general previous for the same category. In the case of alliances or confederations, will be calculated the sum of the votes that have obtained the parties members in the previous general election for the same category. 3. election of Senators: the total of the contributions will be distributed among the eight (8) districts in proportion to the total of electors each. This operation, carried out by fifty percent (50%) of the resulting amount for each district, it will be distributed equally between the presented lists and the remaining fifty percent (50%) will be distributed to each political party, Confederation or Alliance in proportion to the number of votes that the party would have obtained in the previous general election for the same category. In the case of them confederations or alliances is computed the sum of them votes that have retrieved them parties members in the election general previous for the same category.
https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09 4. Elections of members of Mercosur: to) for the election of members of Parliament by national District: as provided in the case of the election of President and Vice President; (b) for the election of parliamentarians by districts regional provincial and of the city autonomous of Buenos Aires: according to it established for the case of the election of members national. In the case of groupings of district without national direct reference is given the full amount of the contributions. For the primary election shall apply the same criteria of distribution between the political groupings that arise. The Ministry of the Interior and transport will publish the list and amount of contributions in every respect. The Ministry of the Interior and transportation be deposited contributions at the beginning of the campaign once published lists.
Chapter III amendments to law 26.571 of primaries open, simultaneous and obligatory article 11. -Amending article 21 of law 26.571, which is drawn up in the following way: article 21: the designation of the candidates is exclusive of the political groups, and must respect the respective organic letters, the requirements established in the national Constitution, the organic law of the political parties, the National Electoral Code, the Protocol establishing the Parliament of Mercosur, and this law. Parties may regulate the participation of extrapartidarios in his organic letters. Each political group shall determine the requirements to be candidate for the same. Pre-candidacies senators, national and parliamentary members of Mercosur by provincial regional districts and of the city of Buenos Aires shall be guaranteed by a number of members not less than two thousand (2 ‰) of the total of those registered in the general register of each electoral district, up to the maximum of one million (1,000,000), or a minimum number of members to the political group or parties that comprise equivalent to two percent (2%) of the register of members of the political group or the sum of the rolls of the parties that comprise, in the case of partnerships, the respective district, up to a maximum of one hundred thousand (100,000), whichever is less. Pre-candidacies President and Vice President of the nation and parliamentarians from Mercosur by national district, shall be guaranteed by a number of members not less than one per thousand (1‰) of the total of those registered in the general register, domiciled in at least five (5) districts, or one percent (1%) of the register of members of the political group or the sum of the rolls of the parties that comprise , in the case of partnerships, of five (5) districts to his election that have existing recognition, which is less. Any Member may support more than one (1) list.
ARTICLE 12. -Amending article 27 of the Law 26.571, which is drawn up in the following way: article 27: filed the request for official recognition, the electoral board in each grouping will verify compliance with the conditions laid down in the Constitution, the law on political parties, the https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09

Electoral national code, the Protocol establishing the Parliament of Mercosur, the Charter Party and, in the case of alliances, its electoral regulations. For this purpose you can request information to the federal court with electoral competition of the district, which must evacuate within twenty-four (24) hours from your presentation. Within forty-eight (48) hours of submitted requests for official recognition the partisan electoral board dictate a resolution founded on their admission or rejection, and you must notify the lists submitted within twenty-four (24) hours. Any of the lists may request the annulment of the resolution, to be submitted by written and founded before the electoral board within twenty-four (24) hours of being notified. The Board of elections must be issued within twenty-four (24) hours of its presentation. The request for revocation may accompany the subsidiary appeal based on the same grounds. At the rejection of the proposed revocation the electoral board will raise record without further to the federal court with electoral competition of the corresponding district within twenty-four (24) hours of the dictation of the confirmatory decision. All the notifications of them together electoral partisan can do is interchangeably: in form personal before she, by Act attorney, by telegram with copy certified and notice of delivery, by letter document with notice of delivery, or by publication in the web site official of each grouping political.
ARTICLE 13. -Amend article 44 of law 26.571, which is drawn up in the following way: article 44: the choice of candidates for President and Vice President of the nation in each grouping will be done through formula direct and simple plurality of votes. Nominations to Senators and parliamentarians from Mercosur by provincial regional districts and of the autonomous city of Buenos Aires, will be elected by simple plurality of votes complete list. In the election of candidates to members national, and to parliamentarians of the Mercosur by District national, each grouping political for integrate the list final apply the system of distribution of charges that set each letter organic partisan or the regulation of the Alliance Party. The federal courts with electoral competition of each district shall be the definitive scrutiny of the primaries of the political groups in his district and shall communicate the results: to) in the case of the category President and Vice President of the nation, and parliamentarians from Mercosur by national district to the National Electoral Chamber, which shall be the sum of the votes cast in the whole country by the candidates of each of the political groupings notifying them to the electoral boards of national political groupings; (b) in the case of the categories of senators, members of national and parliamentary MERCOSUR by provincial regional districts and of the city of Buenos Aires electoral boards of the respective political groups, so they make up the winning list. Electoral boards of the political groups notified pursuant to above, shall be the proclamation of the candidates elected and shall notify it in the case of the categories President and Vice-President of the nation and parliamentarians from Mercosur by national District Court federal electoral competition in the Capital City, and in the case of Senators categories members of parliamentary and national MERCOSUR by provincial regional districts and of the city of Buenos Aires the federal courts with electoral competition of the respective districts. Electoral competition courts take reason of the candidates thus proclaimed, on behalf of the political group and by the category in which they were elected. Political groupings may not participate in the general elections under another modality that applying to those elected and https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09 were by the respective categories, in the primary election, except in case of resignation, death or incapacity.
ARTICLE 14. -Amend article 45 of the Law 26.571, which is drawn up in the following way: article 45: may only that participate in general elections the political groups for the election of senators, members of the nation and members of Mercosur by provincial regional districts and of the city of Buenos Aires, they have obtained at least a total of votes , considering them of all their lists internal, equal or superior to the one and half percent (1.5%) of them votes validly issued in the District of that is try for the respective category. For the category of President and Vice President and parliamentarians from Mercosur by national district, means the one and a half percent (1.5%) of the votes validly cast throughout the national territory.
Chapter IV General provisions article 15. -Corresponds to the National Electoral Justice knowledge and resolution of all issues that may arise with respect to the choice and mandate of parliamentarians from Mercosur pursuant to this law.
ARTICLE 16. -In all that it was not provided for by the Protocol establishing the Parliament of Mercosur or not are regulare specifically by the competent bodies, parliamentarians from Mercosur on behalf of the Argentine citizenship, they will be assimilated into the law the national members. They shall apply in their regard, provided that there is no specific provision, the provisions governing the condition of those regarding parliamentary immunities, remunerative, labor, social security schemes and Protocol.
Chapter V provisions transitional article 17. -While he is not established by the competent bodies of the Mercosur citizen day, elections of members of Mercosur will be held simultaneously with immediate national elections prior to the completion of the mandates. Once established that day, elections for parliamentarians of the Mercosur will be scheduled for that date.
ARTICLE 18. -The first direct election of parliamentarians from Mercosur on behalf of the Argentine citizenship will be held simultaneously with the next presidential election, for which purpose it shall be convened by the same date. The number of members of Parliament to choose is governed by regulations adopted by the competent bodies of the Mercosur.
https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09 article 19. -For the first election of parliamentarians from Mercosur be assigned to each candidate or list the contribution of campaign that corresponds to applying the procedure for the determination of contributions for the categories of President and Vice President of the nation, in the case of parliamentarians from Mercosur by national district, and national deputies, in the case of parliamentarians from Mercosur by provincial regional districts and of the city of Buenos Aires.
ARTICLE 20. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-NINE DAYS OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND FOURTEEN.
-REGISTERED UNDER NO. 27.120 - JULIAN A. DOMINGUEZ. -JUAN C. MARINO. -Lucas Chedrese. -John H. Estrada.

Date of publication: 08/01/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/K1NpNS8zdUR3UFpycmZ0RFhoUThyQT09