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National Electoral Code. Modification.

Original Language Title: Código Electoral Nacional. Modificación.

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ELECTION OF MERCOSUR PARLIAMENTARIANS

Law 27.120

National Electoral Code. Amendment. Sanctioned: December 29, 2014 Enacted: January 06, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ELECTION OF MERCOSUR PARLIAMENTARIANS

Chapter I

Amendments to the National Electoral Code

ARTICLE 1-Amend Article 53 of the National Electoral Code, which is worded as follows:

Article 53: Convocation and date of elections. The call for national and parliamentary elections for Mercosur will be called by the national executive branch. The choice of national charges shall be made on the fourth Sunday of October immediately preceding the end of the mandates, without prejudice to the provisions of Article 148. The election of Mercosur parliamentarians will be held on the Day of the Common Market of the South.

ARTICLE 2-Amend Article 60 of the National Electoral Code, which is worded as follows:

Article 60: Registration of the candidates and order of office of the lists. From the proclamation of the candidates in the primary elections and up to fifty (50) days prior to the election, the parties will register with the electoral judge the lists of the proclaimed candidates, who will have to meet the conditions of the position for which they are running and not being understood in any of the legal inabilities. In the case of the election of the president and vice president of the nation, and of members of the Mercosur [Common Market of the South], the presentation of the formulas and the lists of candidates will be made before the federal judge with electoral competition. the Federal Capital. In the case of the election of Mercosur parliamentarians by provincial regional districts and the Autonomous City of Buenos Aires, national senators and national deputies, the presentation of the candidate lists will be made before the judge. federal competition with the respective district.

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ARTICLE 3-Incorporate as Article 60a of the National Electoral Code the following:

Article 60a: Requirements for the formalisation of the lists. The lists presented must have women in a minimum of thirty percent (30%) of the candidates for the positions to be elected and in proportions with the possibility of being elected, according to the provisions of Law 24,012 and its decrees. regulations. In the case of the categories of national senators to comply with that minimum quota, the lists must be made up of two persons of different sex, both for the right holders and the 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 formalization of lists, complete filiation data of their candidates, the last registered office and an affidavit signed individually by each of the candidates, where it manifests itself not to be understood in any of the inabilities provided for in the National Constitution, in this Code, in the Organic Law of Political Parties, in the Law of Financing of Political Parties and in the Protocol Constitutive of the Mercosur Parliament. Candidates may appear on the lists with the name or nickname with which they are known, provided that the variation of the name is neither excessive nor result in 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 in the case of resignation, death or incapacity of the party's presidential candidate in accordance with Article 61.

ARTICLE 4 °-Incorporate as Article 120a of the National Electoral Code the following:

Article 120a: Final parliamentary system of Mercosur. Without prejudice to the communication provided for in Article 124, the national electoral boards shall report within the period of thirty-five (35) days, from the start of the final vote, the results of the election in the category Members of the Mercosur [Common Market of the South] Mercosur [Common Market of the South] members of the Mercosur [Common Market of the South] [Common Market of the South]. When there are no outstanding issues of resolution regarding the election of members of the Mercosur [Common Market of the South], or those that are not in a position to alter the distribution of seats, the National Electoral Chamber will proceed with the vote. distribution of charges in accordance with the procedures provided for in this Code. The list of the elected representatives will be communicated to the Legislative Assembly for their proclamation.

ARTICLE 5-Amend Article 122 of the National Electoral Code, which is worded as follows:

Article 122: Proclamation of the Elected. The Legislative Assembly, in the case of the president and vice president, and members of the Mercosur [Common Market of the South] parliamentarians, and the national electoral boards of the districts, in the case of senators and national deputies, will proclaim those who are elected, making them surrender of the documents proving their character.

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ARTICLE 6-Amend article 124 of the National Electoral Code, which is worded as follows:

Article 124: Act of scrutiny. Testimonials. All these procedures will be in a record that the Board will extend by its secretary and will be signed by all its members. The National Electoral Board of the district will send testimony of the minutes to the National Electoral Chamber, the Executive Branch and the parties involved. The Ministry of the Interior and Transport will keep the testimonies of the minutes that the Boards will send them for five (5) years. In the case of the election of members of the Mercosur [Common Market of the South], the National Electoral Chamber will make an act of extension for its secretary, stating: (a) The sum of the results reported by the national electoral boards of the lists chosen by the National Electoral Council. National district; b) Those who have been elected members of the Mercosur [Common Market of the South] and alternate members, by national district, and by provincial regional districts and the Autonomous City of Buenos Aires, by application of the system provided for in this district. Code. The National Electoral Board or, if necessary, the National Electoral Chamber, will also grant a duplicate of the minutes corresponding to each one of the elected representatives, together with a diploma.

Article 7 °-It incorporates Title VII of the National Electoral Code (Law 19,945 and its amendments) as Chapter IV, with the name "Of the choice of the members of the Mercosur [Common Market of the South]," which follows:

Chapter IV

Of the Mercosur parliamentarians

Article 164 bis: System of choice. The Mercosur members will be elected by a mixed system: a) Twenty-four (24) parliamentarians will be directly elected by regional district: one member of parliament for each of the 23 provinces and one member of parliament for the Autonomous City of Buenos Aires; b) The rest of the parliamentarians will be directly elected by the nation's people, by national district, to whose end the national territory constitutes a single district.

Article 164 ter: Postulation by provincial regional districts and the Autonomous City of Buenos Aires. Candidates will be able to apply candidates to Mercosur parliamentarians for the provincial regional district and the Autonomous City of Buenos Aires, the corresponding district political groupings. Each voter shall vote for a single official list of a single candidate with two alternates. He will be elected member of the Mercosur [Common Market of the South] by the provincial regional district or in his case in the Autonomous City of Buenos Aires, the candidate of the political group, who will obtain the majority of the votes cast in the respective district.

Article 164 c: Postulation by a national district. They will be able to apply lists of candidates for members of the Mercosur [Common Market of the South] by national district, political groupings of national order. Each voter will vote for a single official list of candidates whose number will be equal to that of the posts to be filled and equal number of alternate candidates. The charges to be covered shall be assigned in accordance with the order established by each list and according to the following

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procedure: a. The total number of votes obtained for each list that has reached at least three percent (3%) of the national electoral roll shall be divided by one (1), by two (2), by three (3) and so on to the number equal to the number of the cover; b. The resulting ratios, irrespective of the list from which they come, will be ordered from greater to lesser in a number equal to that of the charges to be covered; c. If there are two or more equal partners, they shall be ordered in direct relation to the total of the votes obtained by the respective lists and if they have obtained the same number of votes, the order shall result from a draw which must be drawn up for that purpose. practice the National Electoral Chamber; d. Each list shall be charged as many charges as its ratios appear in the order referred to in point (b).

Article 164 quinquies: Presentation of model ballots. For the Mercosur parliamentary category, two sections of the ballots will be presented: one for the election of members of the Mercosur [Common Market of the South] by national district, before the National Electoral Board of the Federal Capital; and a corresponding one. The election of members of the Mercosur [Common Market of the South] by provincial regional districts and the Autonomous City of Buenos Aires, before the national electoral boards of the respective districts.

Article 164 sexies: Scrutiny. The scrutiny shall be carried out by a list made official by each group, without taking into account the entries or substitutions made by the voter.

Article 164 septies: Proclamation. Members of the Mercosur [Common Market of the South] will be proclaimed to be elected according to the mixed system described above. They shall be alternate members of each list, the non-elected holders and the alternates who integrated it, according to the order in which they were included.

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], he will replace him as the first alternate member of his list according to Article 164 septies.

Chapter II

Amendments to Law 26.215, of financing of political parties

ARTICLE 8 °-Amend Article 34 of Law 26.215, which is worded as follows:

Article 34: Campaign Amounts. The general budget law of the national administration for the year in which national elections should be held must determine the amount to be distributed as an extraordinary contribution for electoral campaigns. For the years in which presidential elections are to be held, the general budget law of the national administration must provide for four (4) differentiated items: one (1) for the election of president, and the financing of the second round According to the law, the second one for the election of members of the Mercosur [Common Market of the South], the third for the election of national senators, and the fourth for the election of national deputies. For years in which only legislative elections are held, the general budget law of the national administration must provide for the last two (2) items. Similarly, in the years mentioned above, it should provide for similar items by category of charges to

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to choose for an extraordinary contribution of electoral campaigns for the primary elections, equivalent to fifty percent (50%) of the one envisaged for the electoral campaigns of the general elections.

ARTICLE 9-Amend Article 35 of Law 26.215, which is worded as follows:

Article 35: Print of ballots. The National Electoral Directorate of the Ministry of the Interior and Transport will grant political groups that will officiate candidates the economic resources that will allow them to print the equivalent of one and a half ballot (1.5) per registered voter. in each district for each category to be chosen. The National Electoral Justice will inform the National Electoral Directorate of the number of official lists for the corresponding election, which will be distributed by the appropriate distribution, by electoral district and by category.

ARTICLE 10. -Amend Article 36 of the Law 26.215, which is worded as follows:

Article 36: Distribution of contributions. The funds corresponding to the contribution for the electoral campaign, both for the primary and general elections, will be distributed among the political groupings that have made official lists of candidates as follows: 1. Presidential elections: a) Fifty percent (50%) of the amount allocated by the budget in equal form among the lists presented; b) Fifty percent (50%) of the amount allocated by the budget will be distributed among the twenty-four (24) districts, in proportion to the total number of eligible voters. This operation shall be distributed to each political grouping in proportion to the number of votes the party has obtained in the previous general election for the same category. In the case of confederations or alliances, the sum of the votes obtained by the parties in the previous general election for the same category shall be counted. The political groupings participating in the second round will receive as contributions for the campaign a sum equivalent to thirty percent (30 percent) of the largest campaign contribution 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 number of voters corresponding to each one. This operation, fifty percent (50%) of the resulting amount for each district will be distributed equally among the lists presented and the remaining fifty percent (50%) will be distributed to each political party, confederation or alliance in proportion to the number of votes the party would have obtained in the previous general election for the same category. In the case of confederations or alliances, the sum of the votes obtained by the parties in the previous general election for the same category shall be counted. 3. Senators ' Elections: The total of the contributions will be distributed among the eight (8) districts in proportion to the total number of voters corresponding to each. This operation, fifty percent (50%) of the resulting amount for each district, will be distributed equally among the lists presented and the remaining fifty percent (50%) will be distributed to each political party, confederation or alliance in proportion to the number of votes the party would have obtained in the previous general election for the same category. In the case of confederations or alliances, the sum of the votes obtained by the parties in the previous general election for the same category shall be counted.

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4. Elections of Mercosur parliamentarians: a) For the election of parliamentarians by national district: according to what is established in the case of the election of president and vice-president; b) For the election of parliamentarians by districts Provincial regional and the Autonomous City of Buenos Aires: according to the established case of the election of national deputies. In the case of district groupings without national direct reference, the full amount of the contributions will be given to them. For the primary elections the same distribution criteria shall apply between the political groupings that are presented. The Ministry of Interior and Transport will publish the payroll and amount of the contributions for all purposes. The Ministry of Interior and Transport will deposit the contributions at the beginning of the campaign once the lists are made official.

Chapter III

Amendments to Law 26,571, of open, simultaneous and compulsory primary elections

ARTICLE 11. -Amend Article 21 of Law 26,571, which shall be worded as follows:

Article 21: The designation of the pre-candidates is exclusive to the political groupings, with respect to the respective organic charters, the requirements laid down in the National Constitution, the Organic Law of Political Parties, the Code National Electoral Council, the Constitutional Protocol of the Mercosur Parliament, and in this law. Parties may regulate the participation of non-supporters in their organic letters. Each political grouping shall determine the requirements to be a pre-candidate for them. The pre-candidacies of the members of the National Assembly, national deputies, and members of the Mercosur [Common Market of the South] by provincial regional districts and the Autonomous City of Buenos Aires will have to be endorsed by a number of members not less than two per thousand (2%) of the total. of those registered in the general register of each electoral district, up to a maximum of one million (1,000,000), or by a minimum number of members of the political grouping or parties that comprise it, equivalent to two per cent (2%) of the register members of the political group or the sum of the members of the party's members, in the case of the alliances, from the respective district, up to a maximum of one hundred thousand (100,000), whichever is lower. The candidates for president and vice president of the nation and members of the Mercosur [Common Market of the South] for a national district must be endorsed by a number of members not less than one per thousand (1%) of the total number of registered members of the general register, In the case of the alliances, five (5) districts are elected in the same way as the members of the political group or the sum of the members of the party's members, in the case of the alliances, of five (5) districts. that has recognition in force, whichever is less. No member may endorse more than one (1) list.

ARTICLE 12. -Amend Article 27 of Law 26,571, which is worded as follows:

Article 27: The request for official registration is submitted, the electoral board of each grouping shall verify compliance with the conditions laid down in the National Constitution, the Law of Political Parties, the

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National Electoral Code, the Constitutional Protocol of the Mercosur Parliament, the party's organic charter, and, in the case of alliances, its electoral rules. For this purpose, you may request the necessary information from the federal court with electoral jurisdiction in the district, which must be evacuated within twenty-four (24) hours of your presentation. Within the forty-eight (48) hours of the filing of the official requests, the party's electoral board will dictate a resolution based on its admission or rejection, and must notify it to the lists submitted within twenty-four years. (24) hours. Any of the lists may request the revocation of the resolution, which must be submitted in writing and founded before the electoral board within 24 hours of the notified meeting. The electoral board shall be issued within twenty-four (24) hours of its presentation. The application for revocation may be accompanied by the subsidiary appeal on the basis of the same grounds. In the face of the rejection of the recall, the electoral board will raise the file without further to the federal court with electoral jurisdiction of the corresponding district within the twenty-four (24) hours of the dictation of the confirmatory resolution. All notifications of party boards may be made indistinctly: in personal form to her, by notarial act, by telegram with certified copy and notice of delivery, by letter document with notice of delivery, or by publication on the official website of each political group.

ARTICLE 13. -Amend Article 44 of Law 26,571, which shall be worded as follows:

Article 44: The election of the candidates for president and vice president of the nation of each grouping shall be made directly and with a simple plurality of votes. The candidates for senators and members of the Mercosur [Common Market of the South] Mercosur [Common Market of the South] and the Autonomous City of Buenos Aires will be chosen by a complete list with a simple plurality of votes. In the election of candidates for national deputies, and members of the Mercosur [Common Market of the South] for a national district, each political grouping to integrate the definitive list will apply the system of distribution of charges established by each organic charter. party or the regulation of the party alliance. The federal courts with electoral competence of each district shall carry out the final scrutiny of the primary elections of the political groupings of their district, and shall communicate the results: a) In the case of the president and vice president of the nation, and members of the Mercosur [Common Market of the South] members of the national district of the National Electoral Chamber, which will make the sum of the votes obtained in the entire national territory by the pre-candidates of each of the political groupings, notifying them to the electoral boards of the national political groupings; b) In the case of the categories of senators, national deputies, and members of the Mercosur [Common Market of the South] Provincial regional and the Autonomous City of Buenos Aires to the electoral boards of the respective political groupings, to make it the winning list. The electoral boards of the political groupings notified in accordance with the above shall make the proclamation of the candidates elected, and shall notify it in the case of the categories President and Vice President of the Nation and Members of the Mercosur [Common Market of the South] member of the Mercosur [Common Market of the South], the national district of the Mercosur [Common Market of the South], and the federal capital, and in the case of the categories of senators, national deputies, and Mercosur [Common Market the Autonomous City of Buenos Aires to the federal courts with electoral competence of the respective districts. The courts with electoral competence shall take the name of the candidates so proclaimed, in the name of the political group and by the category in which they were elected. The political groupings will not be able to intervene in the general elections in another way that they are running for those who were elected and

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by the respective categories, in the primary election, except in the case of resignation, death or incapacity.

ARTICLE 14. -Amend Article 45 of Law 26,571, which shall be worded as follows:

Article 45: Only political groupings that will be able to participate in the general elections will be able to participate in the election of senators, deputies of the nation, and members of the Mercosur [Common Market of the South], by provincial regional districts and the Autonomous City of Buenos Aires. Air, have obtained at least a total of votes, considering those of all their internal lists, equal to or greater than one and a half percent (1.5%) of the votes validly cast in the district concerned for the respective category. For the category of president and vice president and parliamentarians of Mercosur by national district, one and a half percent (1.5%) of the votes validly cast in the entire national territory will be understood.

Chapter IV

General provisions

ARTICLE 15. -The National Electoral Justice is responsible for the knowledge and resolution of all the issues raised regarding the election and mandate of the members of the Mercosur [Common Market of the South] pursuant to the provisions of this law.

ARTICLE 16. [La Nacion] In all that is not provided for by the Constitutional Protocol of the Mercosur Parliament or will not be specifically regulated by the competent bodies, the members of the Mercosur [Common Market of the South] will be represented by the Mercosur [Common Market of the South]. They are treated in the same way as national Members. The provisions governing the condition of those in respect of parliamentary immunity, remuneration, labour, provision and protocol shall apply in respect of such matters, provided that there is no specific provision.

Chapter V

Transitional provisions

ARTICLE 17. -As long as it is not established by the competent bodies on the Day of the Common Market of the South, the elections of Mercosur parliamentarians will be held simultaneously with the immediate national elections prior to the end of the mandates. Once established on that day, the elections for Mercosur parliamentarians will be convened by that date.

ARTICLE 18. -The first direct election of Mercosur parliamentarians representing Argentine citizenship will be held simultaneously with the next presidential election, to which effect it will be called for the same date. The number of parliamentarians to be elected is governed by the existing provisions adopted by the competent bodies of Mercosur.

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ARTICLE 19. -For the first choice of Mercosur parliamentarians, each candidate will be assigned or lists the campaign contribution that corresponds to the procedure for determining contributions for the categories of president and vice president of the nation, In the case of Mercosur parliamentarians by national district, and national deputies, for the case of Mercosur parliamentarians by provincial regional districts and the Autonomous City of Buenos Aires.

ARTICLE 20. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE 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. -Juan H. Estrada.

Date of publication: 08/01/2015

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