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Modifications To The Electoral Code

Original Language Title: LEY DE MODIFICACIONES AL CODIGO ELECTORAL

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LAW NO 2232 LAW OF JULY 25, 2001 JORGE QUIROGA RAMÍREZ

CHAIRMAN OF THE REPUBLIC

As soon as the Honorable National Congress has sanctioned the following Law:

THE HONORABLE CONGRESS NATIONAL,

DECRETA:

"LAW OF MODIFICATIONS TO THE ELECTORAL CODE"

ARTICLE FIRST.- Articles 21º, 22º, 25º, 26º, 29º, paragraph (n), 30º, 33rd, 34th, 189th, 194th, 212th and 214º of Law No 1984 are amended, Electoral Code, according to the following text:

" Article 21º. (Other Incompatibilities).- Members of the electoral bodies defined in Article 225º of the Constitution of the State shall not be elected:

Militants and political party leaders.

Citizens who have been Candidates or have been elected President or Vice President of the Republic, Senator, Deputy, Councillor, Mayor; or who has exercised the positions of Minister of State, Deputy Minister, National Secretary, or Deputy Secretary, Prefect or Ambassador.

Citizens who have kinship consanguine to second degree online collateral and second by affinity with President or Vice President of the Republic, Senators, Deputies, Ministers of State, Prefects, National Leaders and Departmental of Political Parties.

Article 22º. (Resolutions of the Courts.- All the decisions of the National and Departmental Electoral Courts will be taken by the vote of the absolute majority of its members, except in cases where two-thirds of the votes are required.

considers two-thirds of the total of its members, five votes of seven, and an absolute majority, four of Seven.

In the Electoral Departmental Courts it is considered two thirds of the total of its members, four votes of five, and an absolute majority, three of five.

Article 25. (Period of Duties, Suspension and Removal of Vowels).- The vowels of the National Electoral Court and the Electoral Department Courts will last four years, and may be re-elected. His term will be computed from the date of his possession.

No Vocal of the National Electoral Court may be removed or suspended from his duties, but in the cases determined by the Electoral Code and by the Law of Responsibilities.

The National Electoral Court may suspend, reinstate or remove the vowels of the Electoral Departmental Courts by two-thirds of the votes of the total of its members, due to the causes that are established in the present

Electoral Code, prior to the process substantiated according to the legal present. They will also be removed from office by the commission of common crimes with an executed sentence.

Article 26º. (Composition of the Electoral Courts).- The National Electoral Court will be composed of seven vowels. In the case of the Court of Appeal, the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Departmental Court of Cochabamba which will be composed of seven vowels; all of them elected from The right citizens, who guarantee the autonomy, independence and impartiality of these organizations.

They will be appointed according to the following procedure:

A Vocal of the National Electoral Court and one of each Departmental Court Electoral will be appointed by the President of the Republic, by Supreme Decree.

Six members of the National Electoral Court will be appointed by the National Congress, through a secret vote of two-thirds of the total of its members.

Four vowels from each Electoral Departmental Court will be appointed by the National Congress, by secret ballot of two thirds of the total of its members, from a single list of candidates, proposed by the National Electoral Court, sorted alphabetically, that consignes a number of postulants no less than two and no more than three for each acealian to designate.

In the case of the Electoral Department of La Paz and Santa Cruz, the congress will appoint nine vowels and six vowels.

The members of the National Electoral Court will be sworn in by the president. of the National Congress and the vowels of the Departmental Courts, by the President of the National Court Election.

Article 29º. (attributions).-Subsection n) Process, suspend, return or remove the vowels of the Departmental Courts, in accordance with Article 25º of this Code.

Article 30º. (Designation, Period of Functions and Duties of the President.- The President of the National Electoral Court will be elected for a period of four years, from among the members appointed by the Legislative Branch, by a two-thirds vote of the total of the members of the National Congress.

In case of incapacity, impairment or death of the President, the Full Room of the National Electoral Court, elect from among its members, an Interim President, as long as the National Congress designates its replacement. His duties are:

To exercise legal representation and to subscribe to the official documents of the National Electoral Court.

To convene and preside over the ordinary and extraordinary sessions of the National Electoral Court.

Article 33º. (Composition).- Nine Electoral Departmental Courts are established, which will operate in the capital of each department. The departmental courts of La Paz and Santa Cruz, will be composed of two rooms, consisting of five vowels each. In the Department of La Paz, a service to the Province

Murillo and the other to the other provinces of the Department. In the Department of Santa Cruz, one will treat the Province Andres Ibanez and the other one to the other provinces of the Department. Each Room shall exercise the competence recognized in the Electoral Departmental Courts. The functioning of the Chambers will be regulated by the National Electoral Court.

Article 34th. (Designation, Period of Functions and Duties of Presidents).- The Presidents of the Electoral Departmental Courts will be elected for a period of four years, among the members appointed by the Legislative Branch, by a vote of two-thirds of the total members of the National Congress.

In case of incapacity, impediment or death of the President, the Chamber Full of the Electoral Departmental Court shall elect, from among its members, an interim President, While the National Congress designates its replacement.

Its attributions are:

To exercise legal representation and to subscribe to the official documents of the Court within the framework of its powers.

Convening and chairing the sessions ordinary and extraordinary of their respective Court.

Article 189º. (Causals).-

Having a consanguine or affinity relationship on the lines set forth in Article 21º with any of the parties.

Article 194th. (Definition of High and Electoral Crimes).- Any act or omission in the performance of the duties

action or omission that is intentional or wrongful, in violation of the guarantees provided by this Code, constitutes an electoral crime.

Article 212º (NOW 217º) (Lack of Irregular Enrollment).- The notary who enrolls a citizen without establishing all the required data for the purpose of which the result will not be nullity of the item, will be punished with a fine to be determined by the National Electoral Court. In case of recidivism, it will be sanctioned with the penalty of arrest of ten to fifteen days.

Article 214º. (NOW 219th) (Crime for Fraudulent Enrollment).- The notary who fraudulently enrolls one or more citizens, will be referred to the Public Ministry for the prosecution of fraudulent registration, whose sanction will be one to five years of imprisonment. "

ARTICLE SECOND.- Five new articles are introduced in the final part of the First Chapter, Specifications; Title III, High and Electoral Crimes; Fourth Book, Electoral Procedures, Law No. 1984, Electoral Code, according to the following text:

Article 202. (Fraudulent Transfer of Citizens).- The political or administrative authority, the public official, the political leader or any citizen who promotes the mass movement of citizens for the purposes of their registration and suffrage in place other than that of their registered office, It is a crime of fraudulent transfer of citizens and will suffer the sentence of imprisonment of two to five years. His prosecution will be the ordinary court.

Delegates of political parties who are accredited in place other than their domicile, do not incur this crime.

Article 203º. (Computer Manipulation).- The Vocal or Electoral Officer who manipulates or alters the Introduction, processing or transfer of computer data that leads to error or prevents correct use of the same, will be sanctioned with imprisonment of one to five years and with a fine of sixty to two hundred days.

Article 204th. (Alteration and Avoidance Of Results).- The Vocal or Electoral Officer who alters, modify or hide the results of the scrutiny of an electoral voting table or contribute to the commission of such act, will be sanctioned with deprivation of liberty of two to eight years.

Article 205th. (Alteration or Modification The Vocal or Electoral Officer who alters, modifies the Electoral Register or in any way contributes to it, in such a way that it favors or harms a political party or candidate, will be sanctioned with deprivation of liberty from two to eight years.

Article 206º. (Function Function Benefits).- The Vocal or an electoral official who is biased with a political party or candidate to obtain his or her own benefit; or who, in an election period, provides a good piece of furniture or property to a political organization, will be punished with deprivation of freedom from two years to six years and a fine of thirty to one hundred days.

ARTICLE THIRD.- They are introduced, as first articles of Chapter V, to be called "High and Crimes committed by the Electoral Vocals", of Title III, Faults and Electoral Crimes; Book Fourth Electoral Procedures; the following two articles New:

BOOK FOURTH TITLE III

CHAPTER V FAULTS COMMITTED BY ELECTORAL VOWELS

Article 220º. (From the Fhighs).- Three types of faults are established; mild, severe and very serious.

The absence of the exercise of their duties for two continuous working days or three discontinuations in one month.

Other minor disciplinary offences.

Serious High

The non-compliance stipulated in Article 83º of the This is a code relating to advertising and access to the Electoral Register.

The lack of attention and timely delivery of the information required by political parties under this Code.

The delay of the communication to the National Electoral Court of the results of the scrutiny in its jurisdiction.

The timely non-resolution of appeals filed against their jurisdiction and jurisdiction.

The absence of the exercise of their duties for more than three working days and continuous or five discontinuous in one month.

The repeated non-compliance of schedules to ordinary and extraordinary sessions and attention to their

The delay in the admission and processing of administrative acts and electoral processes.

The commission of a slight lack when the Vocal has previously been sanctioned by two other mild ones.

The failure of the procedural deadlines.

Very Serious High-ups

Failure to comply with the functions and privileges set forth in this Electoral Code, of the regulations and resolutions emanating from the National Electoral Court.

The use of influences by orders or pressures of any kind in the exercise of functions

The unjustified absence of the exercise of their duties for five continuous working days or eight discontinuations in the course of the month.

The abuse of the condition of Vocal to obtain a favorable treatment of authorities, officials or individuals.

The delegation of jurisdictional functions to the subordinate staff of the Departmental or Private Court.

The commission of a serious misconduct, when the Vocal has previously been sanctioned by two others

Article 221. (Sanctions).- With resolution based and subscribed by Two-thirds of the members of the National Electoral Court, the Vocal who will be processed and tested for the absence, shall be suspended from the exercise of his duties for a fortnight without any enjoyment, when he has incurred minor faults; for thirty days without enjoyment, when you have incurred serious misconduct; and, with dismissal, when you have incurred very serious misconduct.

ARTICLE FOURTH.- The Chapter of "Disciplinary Procedure", which shall be the First of Title IV, is introduced, Procedures before Electoral Authorities; Fourth Book, Electoral Procedures; of the Law No. 1984, Electoral Code, according to the following text:

BOOK FOURTH TITLE IV

CHAPTER I DISCIPLINARY PROCEDURE

Article 224º. (Competent Authority).- The National Electoral Court's Full Salt is the competent authority to substantiate the proceedings Article 225º. (Initiation of the Process for Mild, Serious and Very Serious Faults).-

The disciplinary process will only proceed with the disciplinary process. minor, serious and very serious faults identified in this Code may be initiated from

The Vocal or electoral officer who knew the commission of a fault is obliged to bring it to the attention of the National Electoral Court within 24 hours.

Article 226º. (Office of the Office).- When the disciplinary process is initiated on its own initiative, the Plena Room will provide, by means of a self-founded order, the opening of the same.

Article 227º. (Acting by Denuncia).-

When the disciplinary process is initiated by complaint, the Full Room of the National Electoral Court will be able to entrust the conduct of an investigation prior. The report should be raised within a maximum of five days.

On merit of the report, the Full Room will arrange for the initiation of the process or file of workers.

Article 228º (Opening Resolution).- The opening decision will contain:

The name of the processed.

The fact attributed and its legal qualification.

Opening of the test term.

Article 229º. (Test Term).- Notified the opening resolution, the process to an eight-day trial term. The official will be able to be assisted by a lawyer.

Article 230º. (Unica Hearing).- Full Court of the National Electoral Court will summon the Vocal to be heard, within three days. business, following the principles of due process; orality, advertising, inmediation and hiring. The processing inattendance will not suspend the hearing.

Article 231. (Resolution).- The Full Room will dictate resolution on the same day as the hearing, which is final and unappealable.

Article 232nd. (Broadcast of Actuates).- In any state of the disciplinary process, If the Full Chamber notices evidence of civil and/or criminal liability, it shall be referred to the competent authority.

Article 233º. (Suspension of Duties).- The Full Chamber shall suspend the exercise of its functions to those who have open criminal prosecution for electoral crimes and there is a self-opening trial.

Similarly, if disciplinary proceedings have been initiated for serious and very serious misconduct, the suspension will proceed as a provisional measure for the duration of the proceedings. If the fault is proven, the penalties provided for in this Code shall apply. For the case of the severe missing penalty, the duration of the suspension by the process, will be computed for the sanction set.

TRANSIENT provisions

FIRST. (Declaration on Vacancy).- As a consequence of the change in the organizational structures of the Electoral Department Cortes regarding the manner of their designation, time of their command and causes of suspension and removal, they are declared in The National Congress and the Executive Branch will appoint the new authorities of the Electoral Departmental Courts in accordance with this Law.

SECOND.- The Executive Branch is authorized to perform the correlation on titles, chapters, and articles of the new text of the Electoral Code, according to the modifications inserted by this Law.

Pass to the Executive Branch, for constitutional purposes.

It is given in the Session Room of the Honorable National Congress, to the Twenty-five days of the month of July two thousand and one years.

Fdo. Leopoldo Fernández Ferreira, Jaalil R. Melgar Mustafa, Alvaro Vera Corvera, Roberto Caballero Oropeza, Jorge Senzano Zarate, Franz Rivero Valda.

Therefore, it is enacted so that it has and will comply with the Law of the Republic.

Government of the city of La Paz, twenty-five days of the month of July of two thousand and one years.

JORGE QUIROGA RAMÍREZ, PRESIDENT INTERINO DE LA REPUBLIC, MARCELO PÉREZ MONASTERIES, Guillermo Fortuna Suarez, Luis Vasquez Villamor.