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IT REPLACES THE BINOMINAL ELECTORAL SYSTEM WITH AN INCLUSIVE PROPORTIONAL CARAECNCTER AND STRENGTHENS THE REPRESENTATIVENESS OF THE NATIONAL CONGRESS

Original Language Title: SUSTITUYE EL SISTEMA ELECTORAL BINOMINAL POR UNO DE CARÁCTER PROPORCIONAL INCLUSIVO Y FORTALECE LA REPRESENTATIVIDAD DEL CONGRESO NACIONAL

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LAW NO. 20,840 REPLACES THE BINOMINAL ELECTORAL SYSTEM WITH AN INCLUSIVE PROPORTIONAL CHARACTER AND STRENGTHENS THE REPRESENTATIVENESS OF THE NATIONAL CONGRESS. " Article 1.-Amend the law Nº18,700, constitutional organic on Popular Voting and Scrutiny, as follows: 1) In article 3º: (a) Intercalase the following second indent, new, passing the current second paragraph to be third: " In the elections of deputies and senators, within each electoral pact, the political parties that are members of that pact will be able, each, to (b) Intercalase the following fifth, new point, passing the current fourth and fifth points to be sixth and seventh, respectively: " Of the totality of declarations of nominations to a Member or a senator declared by the political parties, whether or not they have been agreed, neither the male candidates nor the candidates Women will be able to exceed sixty percent of the total. This percentage shall be compulsory and shall be calculated independently of the nomination form. The infraction of the above shall result in the rejection of all candidates declared to deputies or senators, as appropriate, of the party which has not complied with this requirement. " (c) Add in the final paragraph, the phrase "which has constituted a pact", the phrase "or an association with independent candidates". (d) Add to the final paragraph, following the sentence "An electoral pact may be left without effect", the phrase "or an association with independent candidacies". (2) Substitute the first paragraph of Article 4 (4), as follows: " Article 4.-In the case of declarations of candidates for the election of deputies and senators, political parties or electoral pacts may present in each district or a maximum number of candidates equal to the number immediately exceeding the number of MPs to be elected in the district or constituency concerned. "3) Replace Article 17 with the following:" Article 17.- The Council of the Electoral Service, within ten days after the one in which the (a) the time limit for making the declaration of applications shall be made by a decision which shall be notified to the e-mail which the political parties and independent candidates shall inform at the time of the declaration, which shall take a decision on: (a) The acceptance or rejection of each of the declarations of nominations to a deputy or senator, declared by each political party, electoral pact or independent candidacy. The Board of the Electoral Service shall reject the declarations of candidates who do not comply with the requirements laid down in Articles 25, 48 and 50 of the Political Constitution of the Republic, or who are in any of the situations provided for in Article 57. It shall also reject the declarations of applications which do not comply with the requirements set out in paragraphs 1 to 3 of this Title. (b) the acceptance or rejection of all declarations of nominations to a Member or Senator, as appropriate, declared by each political party, in accordance with the provisions of the fourth and fifth subparagraphs of Article 3º. The Board of the Electoral Service shall reject all statements of nominations to a deputy or senator, as appropriate, made by the political parties, whether or not they are in an electoral pact, that do not meet the percentage of the sexes set out in the fifth indent of that Article. Political parties whose entire statement of nominations to a deputy or senator, as appropriate, are rejected in accordance with the provisions of point (b) of this article, may correct them before the Electoral Service within the four working days following the date of dispatch of the e-mail notifying the decision referred to in the first subparagraph, in order to comply with the percentage of the sexes referred to in Article 3º (5), either by withdrawing declarations of candidatures or declaring new ones. Within five days of the expiry of the deadline for submitting the correction, the Board of the Electoral Service shall issue a new resolution accepting or rejecting the new declarations and rejecting or accepting, as appropriate, the entire the declarations of nominations to Members or Senators, as appropriate, which shall be published in the Official Journal within the third day. In such an opportunity, the acceptance or rejection of each of the declarations of candidates declared by each political party, electoral pact or independent candidacy shall also be published in the same way. " 4) Article 23, the following third indent, new, passing the current third and fourth points to be fourth and fifth, respectively: " In the case of an electoral pact, the order of precedence of the parties within the electoral card for each Constituency or district shall be the one indicated by the electoral pact in the declaration of nominations and, In the absence of this, it shall be resolved by the Electoral Service by means of lots. "5) In Article 24: (a) Substitute the fourth indent by which it follows:" The order of precedence of the candidates of a party and its independent partners within the The electoral card for each constituency or district shall be the one indicated by the party in the declaration of nominations and, in the absence thereof, shall be settled by the Electoral Service by lot. ". (b) Replace, in the final indent, the expression" at last that "for" it is meant to ". (6) Substitute Article 109a by the following: " Article 109a.-In the case of elections of deputies and senators, the Qualifier of Elections shall declare the candidates elected, in accordance with the rules laid down in the procedure The following is detailed: 1.-The Qualifier of Elections will determine the preferences issued in favor of each list and each of the candidates that make up the list. 2.-The electoral system of the D' Hondt coefficient will be applied, for which it will proceed as follows: a) The votes of each list will be divided by one, two, three and so on up to the amount of charges to be chosen. (b) The numbers resulting from these divisions shall be ordered in descending order up to the number corresponding to the number of charges to be chosen in each constituency or senatorial constituency. (c) Each electoral list or pact shall be attributed to as many seats as numbers in the scale described in subparagraph (b). 3.-In the case of lists made by a single political party, the Qualifier of Elections will proclaim the candidates who have obtained the highest individual majorities of each list, according to the number of charges that they have They correspond to each one of them, after applying the rules described above. 4. In the case of the electoral pacts, the following rules shall apply to determine how many seats each of them corresponds to: (a) The total of the votes of each political party or, where appropriate, the sum of each party shall be calculated. political and independent candidates associated with that party. b) It will be divided by one, two, three and so on, up to the amount of charges assigned to the electoral pact. (c) Each political party or, where appropriate, each party and the independent candidates associated with it, shall be assigned as many seats as numbers on the scale described in paragraph (b) above. (d) The Qualifier of Elections shall proclaim the candidates who have obtained the highest individual majorities of each political party or, where appropriate, of each party, considering the independent candidates associated with it. within an electoral pact, according to the quotas obtained by each of them. In the event of a tie between candidates on the same list, or between candidates of different lists who are in turn tied, the Qualifier of Elections shall proceed in public hearing to draw a draw between them, and shall proclaim the choice to which (7) Substitute Article 178 by the following: " Article 178.-For the election of members of the Chamber of Deputies there shall be twenty-eight constituencies, each of which shall elect the number of Members indicated in the following Article. (8) Substitute Article 179 by the following: " Article 179.- Electoral districts will be the following: 1st district, constituted by the communes of Arica, Camarones, Putre and General Lagos, which will elect 3 deputies. 2nd District, constituted by the communes of Iquique, Alto Hospice, Huara, Wala, Colcole, Pica and Pozo Almonte, which will elect 3 deputies. 3rd District, consisting of the communes of Tocopilla, María Elena, Calama, Ollague, San Pedro de Atacama, Antofagasta, Mejillones, Sierra Gorda and Taltal, which will elect 5 deputies. 4th district, consisting of the communes of Chanaral, Diego de Almagro, Copiapo, Caldera, Tierra Amarilla, Vallenar, Freirina, Huasco and Alto del Carmen, which will elect 5 deputies. 5th District, consisting of the communes of La Serena, La Higuera, Vicuña, Paihuano, Andacollo, Coquimbo, Ovalle, Rio Hurtado, Combarbala, Punitaqui, Monte Patria, Illapel, Salamanca, Los Vilos and Canela, which will elect 7 deputies. 6th arrondissement, constituted by the communes of La Ligua, Petorca, Cabildo, Papodia, Zapallar, Puchuncavi, Quintero, Nogales, Calera, La Cruz, Quillota, Hijuelas, The Andes, San Esteban, Calle Long, Rinconada, San Felipe, Putaendo, Santa Maria, Pancake, Llaillay, Catemu, Olmue, Limache, Villa Alemana and Quilpue, which eleg 8 Members. 7th arrondissement, consisting of the communes of Valparaiso, Juan Fernández, Easter Island, Viña del Mar, Concon, San Antonio, Santo Domingo, Cartagena, El Tabo, El Quisco, Algarrobo and Casablanca, which will elect 8 deputies. 8th District, consisting of the communes of Colina, Lampa, Tiltil, Quilicura, Pudahuel, Central Station, Cerrillos and Maipú, which will elect 8 deputies. 9th District, constituted by the communes of Conchali, Renca, Huechuraba, Cerro Navia, Quinta Normal, Lo Prado, Recoleta and Independencia, which will elect 7 deputies. 10th District, constituted by the communes of Providencia, Nunoa, Santiago, Macul, San Joaquin and La Granja, which will elect 8 deputies. 11th District, constituted by the communes of Las Condes, Vitacura, Lo Barnechea, La Reina and Penalolen, which will elect 6 deputies. 12th District, constituted by the communes of La Florida, Puente Alto, Pirque, San José de Maipo and La Pintana, which will elect 7 deputies. 13th District, constituted by the communes of El Bosque, La Cisterna, San Ramon, Pedro Aguirre Cerda, San Miguel and Lo Espejo, which will elect 5 deputies. 14th district, consisting of the communes of San Bernardo, Buin, Paine, Calera de Tango, Talagante, Penaflor, El Monte, Isla de Maipo, Melipilla, Maria Pinto, Curacavi, Alhue, San Pedro and Padre Hurtado, which will elect 6 deputies. 15th District, consisting of the communes of Rancagua, Mostazal, Graneros, Codegua, Machali, Requinoa, Rengo, Olivar, Donihue, Coinco, Coltauco, Quinta de Tilcoco and Malloa, which will elect 5 deputies. 16th arrondissement, consisting of the communes of San Fernando, Chimbarongo, San Vicente, Emró mo, Pichidegua, Las Cabras, Placilla, Nancagua, Chepica, Santa Cruz, Lolol, Pumanque, Palmilla, Peralillo, Navidad, Litueche, La Estrella, Pichilemu, Marchigue and Paredones, who will elect 4 deputies. 17th arrondissement, constituted by the communes of Curico, Teno, Romeral, Molina, Sagrada Familia, Hualane, Licanten, Vichuquén, Rauco, Talca, Curepto, Constitución, Empedrado, Pencahue, Maule, San Clemente, Pelarco, Rio Claro and San Rafael, which will choose 7 Members. 18th District, consisting of the communes of Linares, Colbun, San Javier, Villa Alegre, Yerbas Good, Longavi, Retiro, Parral, Cauquenes, Pelluhue and Chanco, which will elect 4 deputies. 19th arrondissement, consisting of the communes of Chillán, Coihuana, Pinto, San Ignacio, El Carmen, Pemuco, Yungay, Chillán Viejo, San Fabian, Niquén, San Carlos, San Nicolas, Ninhue, Quirihue, Cobquecura, Treguaco, Portezuelo, Coelemu, Ranquil, Quillon, Bulnes, Cabrero and Yumbel, who will elect 5 deputies. 20th District, consisting of the communes of Talcahuano, Hualpen, Concepción, San Pedro de la Paz, Chiguayante, Tomé, Penco, Florida, Hualqui, Coronel and Santa Juana, which will elect 8 deputies. 21er district, consisting of the communes of Lota, Lebu, Arauco, Curanilahue, Los Alamos, Cañete, Contulmo, Tirua, Los Angeles, Tucapel, Antuco, Quilleco, Alto Biobio, Santa Barbara, Quilaco, Mulchen, Negrete, Birth, San Rosendo and Laja, who will choose 5 Members. 22nd district, consisting of the communes of Angol, Renaico, Collipulli, Ercilla, Los Sauces, Púren, Lumaco, Traiguen, Victoria, Curacín tin, Lonquimay, Melipeuco, Vilcun, Lautaro, Perquenco and Galvarino, which will elect 4 Members. 23er district, made up of the communes of Temuco, Padre Las Casas, Carahue, Nueva Imperial, Saavedra, Cholchol, Teodoro Schmidt, Freire, Pitrufquen, Cunco, Pucón, Curarrehue, Villarrica, Loncar, Gorbea and Tolten, which will elect 7 deputies. 24th district, consisting of the communes of Valdivia, Lanco, Mariquina, Mafil, Corral, Panguipulli, Los Lagos, Futhrone, Lago Ranco, Rio Bueno, La Union and Paillaco, which will elect 5 deputies. 25th District, constituted by the communes of Osorno, San Juan de la Costa, San Pablo, Puyehue, Río Negro, Purranque, Puerto Octay, Fresia, Frutillar, Llanquihue, Puerto Varas and Los Muermos, which will elect 4 deputies. 26th District, consisting of the communes of Puerto Montt, Cochamo, Maullin, Calbuco, Castro, Ancud, Quemchi, Dalcahue, Curaco de Vélez, Quinchao, Puqueldon, Chonchi, Queilen, Quellón, Chaiten, Hualaihue, Futaleufu and Palena, which will elect 5 deputies. 27th District, consisting of the communes of Coihaique, Lago Verde, Aisen, Cisnes, Guaitecas, Chile Chico, Rio Ibanez, Cochrane, O ' Higgins and Tortel, which will elect 3 deputies. 28th district, constituted by the communes of Natales, Torres del Paine, Punta Arenas, Rio Verde, Laguna Blanca, San Gregorio, Porvenir, Primavera, Timaukel, Cape Horn and Antarctica, which will elect 3 deputies. The number of Members to be elected by district shall be updated within the time limits and in the manner prescribed in Article 179a. "9) Add the following Article 179a:" Article 179a.-Corresponding to the Board of Directors of the Electoral Service update, every ten years, the allocation of 155 seats of deputies among the 28 districts set out in the previous article, according to the following procedure: (a) The 155 seats will be distributed proportionally among the 28 districts in consideration to the population of each, based on the data provided by the last official census of the population carried out by the National Institute of Statistics. Such proportionality shall consist of the apportionment of the charges between the constituencies, in accordance with the formula laid down in Article 109a of this Law. (b) However, no district may choose less than 3 or more than 8 Members. Where, by virtue of the calculation provided for in point (a), one or more districts exceed that limit, the surplus charges shall be redistributed in proportion to the population among the districts which have not reached the ceiling. (c) For the purposes of the above update, the Board of Directors of the Electoral Service shall be constituted, in particular, on the third working day of the month of April of the year following that of the last official census. Where the year of this update is in line with the year in which the elections are held, the Board of Directors of the Electoral Service shall be constituted in particular on the third working day of the month of April of the year immediately preceding that choice. d) The Board of Directors of the Electoral Service will have ten days to decide the new distribution of seats. The agreement will be published in the Official Journal and notified to the Chamber of Deputies, all within the next forty-eight hours. Within five days of the publication, any citizen may appeal to the Qualifier of Elections by objecting to the way in which the Board of Directors of the Electoral Service applied the letters a) and b) of this article. Required, the Court will have ten days to resolve if it confirms or amends the Electoral Service Board of Directors ' agreement. No appeal shall be made against this decision. In any event, with or without recourse, the final determination of the allocation of seats shall be published in the Official Journal in the first 10 days of the month of February of the year in question. " 10. Replaced Article 180 by the following: " Article 180.-The Senate is composed of 50 members. For the election of the senators, each region will constitute a senatorial constituency. Each constituency will choose the number of senators indicated below: 1st constituency, constituted by the XV Arica Region and Parinacota, 2 senators. 2nd constituency, constituted by the I Region of Tarapaca, 2 senators. 3rd constituency, constituted by the II Region of Antofagasta, 3 senators. 4th constituency, constituted by the III Region of Atacama, 2 senators. 5th constituency, constituted by the IV Coquimbo Region, 3 senators. 6th constituency, constituted by the V Region of Valparaiso, 5 senators. 7th constituency, constituted by the Metropolitan Region of Santiago, 5 senators. 8th constituency, constituted by the VI Region of O ' Higgins, 3 senators. 9th constituency, constituted by the VII Region of the Maule, 5 senators. 10th constituency, constituted by the VIII Bio Bio Region, 5 senators. 11th constituency, constituted by the IX Region of La Araucanía, 5 senators. 12th Constituency, constituted by the XIV Region of Los Rios, 3 senators. 13th constituency, constituted by the X Lakes Region, 3 senators. 14th constituency, constituted by the XI Region of Aisen of General Carlos Ibanez del Campo, 2 senators. 15th constituency, consisting of the XII Magellan Region and the Chilean Antarctic, 2 senators. " 11) Rule 181. 12) Add the following article 23: "Article 23.-The special rule of Article 3º bis, fifth indent, shall only apply in the parliamentary electoral processes of 2017, 2021, 2025 and 2029." 13) Add the following article 24: " Article 24.-For the purpose of completing the new integration of the Senate of the Republic, in the parliamentary elections to be held in November 2017, it will be up to the Senate to renew its membership. completely the constituencies corresponding to odd regions. In the case of the constituencies corresponding to the peer and metropolitan regions, the MPs elected in 2013 will remain in office until they complete their eight-year term. In the 2021 elections, these constituencies will elect the total number of senators. "14) Add the following article 25:" Article 25.-The faculty of the Board of Directors of the Electoral Service to which the Article 179 a shall be exercised for the first time in the year following the official census of the year 2022. ' Article 2.-Amend Law No 19,884 on Transparency, Limit and Control of Electoral Expenditure, as follows: 1) Intercalase between Article 58 and the transitional article the following heading: 'Transitional provisions.' 2) Add the following second transitional article, passing the current transitional single article, to be first article: " Article 2.-Without prejudice to the provisions of this law, and only for the purposes of the Parliamentary elections of 2017, 2021, 2025 and 2029, in the case of women candidates for women and women who have been proclaimed elected by the Qualifier of Elections, the political parties to which they belong will be entitled at an amount of five hundred units of promotion for each of them. Under these resources, political parties will be able to implement programmes and develop activities to promote the inclusion and participation of women in politics. "3) Add the following transitional third article:" Article 3.- For the 2017, 2021, 2025, and 2029 parliamentary elections, female and female candidates will be entitled to an additional reimbursement of their electoral expenses, of tax charge, of 0.0100 units of promotion for each vote obtained, in accordance with the the procedure laid down in Article 15 of this Law. " Article 3.-Amend Law No. 18,603, constitutional organ of Political Parties, as follows: 1) Replace the first paragraph of Article 3 by the following: " Article 3.-Political parties shall exist as follows: (2) In Article 6: (a) Substitute in the first subparagraph the figure '0,5' for the '0,25' of the guardom '0,25'. b) Add in the second paragraph, following the separate point, which has become followed, the following sentence: " Notaries may not refuse to receive the declaration referred to in this article and may not charge for this (3) Replace the first indent of Article 7 (7) with the following: " Article 7.-The requirements referred to in Articles 5 and 6 have been fulfilled, and the number of members referred to in this last article in one of the regions in which they are referred to is fulfilled; the country is divided politically, the Director of the Electoral Service will be asked to register the party in the Register of Political Parties. The application must be signed by the President and the Secretary of the Party in formation. "4) In Article 26: (a) In the literal d) the sentence" the approval of an electoral pact in parliamentary elections or its withdrawal from it, and the person of the candidate for the presidency of the Republic, proclaiming it in a timely manner as such. " (b) incorporate the following literal (e), passing the current literals (e) and (f) to (f) and (g) respectively: " e) Approve an electoral pact in the parliamentary elections or its withdrawal from it and the person of the candidate for the presidency of the (a) Replaced its number 2 by the following: " 2.-For failure to reach the region in which 2.5% of the votes validly issued in the Community are legally constituted, the Commission shall, in accordance with Article 42 (2), last election of Members. In the case of parties which are registered in more than one region, the dissolution shall take place if they have not reached the indicated threshold of 2,5% in more than half of those regions. ' (b) Replace the final indent by the " However, if a political party incurs the situation foreseen in the 2nd of this article, but chooses at least two parliamentarians, whether deputies or senators, it will retain its quality of such. If it incurs the situation in question 4 in one or more regions, but maintains the minimum required by law, it shall retain its quality as such, but it shall not be able to carry out the activities referred to in the first paragraph of Article 2 (2). those where your number of affiliates has decreased by more than 50 percent. The Director of the Electoral Service shall record this circumstance in the margin of the respective registration in the Register of Political Parties. " Article 4.-Amendment of Law No. 20,640, which establishes the system of primary elections for the nomination of candidates for President of the Republic, Parliamentarians and Mayors, in the following terms: 1) Replace the second paragraph of the Article 7: " In the primary election for the nomination of candidates for the positions of parliamentarians, for each electoral territory, the political parties may participate: (a) individually, without having signed an electoral pact. with other parties, and in order to determine one or more of its candidates. b) individually, having signed an electoral pact with other parties, and in order to determine one or more of its candidates within the pact. (c) In conjunction with other parties with which he has signed an electoral pact, and with the aim of determining the whole of the candidates for that pact. " 2) Please introduce the following amendments to Article 30: (a) Reside its second indent, which follows: " In the case of parliamentary elections and when political parties participate in the form referred to in points (a) or (b) of Article 7 (2), they shall be nominated as candidates for the final choice in each electoral territory for the largest individual votes until the number of posts defined in the nomination declaration is completed in accordance with the first paragraph of Article 16. '; (b) incorporate the following final point: " In the case of parliamentary elections and when political parties participate in an electoral pact in the form referred to in point (c) of the second paragraph of Article 7, the candidates nominated for the final choice in each electoral territory shall be determined in accordance with the procedure referred to in Article 109a of Law No 18,700, considering for these purposes a list of candidates of the same party and their (3) Add the following transitional third article: " Article 3.-The political party that decides to submit to the system of primary elections referred to in the articles 3 and below of this law for the parliamentary electoral periods of the years 2017, 2021, 2025 and 2029 will only be able To submit to this procedure up to forty percent of the total number of candidates to be declared in the final election, whether or not they will be in an electoral pact. " Article 5.-This law will be financed from the resources referred to in Item 02, National Congress, of the Public Sector Budget Law. The provisions of Article 2 of this Law shall be financed with the resources provided by the law of the respective Quotes. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, April 27, 2015.-MICHELLE BACHELET, President of the Republic.-Rodrigo Penailillo Briceno, Minister of the Interior and Public Security.-Alberto Arenas de Mesa, Minister of Finance.-Exxima Rincon González, Secretary of State General of the Presidency. What I transcribe to you for your knowledge.-Atently, Mahmud Aleuy Peña and Lillo, Undersecretary of the Interior. Constitutional Court Draft law that replaces the binominal electoral system with an inclusive proportional character and strengthens the representativeness of the National Congress, corresponding to Bulletin No. 9326-07 The Constitutional Court, who subscribes, certifies that the Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of constitutionality with respect to Articles 1, 2, 3 and 4 of the draft and by judgment of 21 April 2015, in the cars Rol Nº 2776-15 -CPR, It is resolved: 1.-That the provisions contained in numerals 1), 2), 3), 4), 5), 6), 7), 8), 9), 10), 11), 12), 13) and 14) of article 1 of the draft law referred to, are constitutional. 2. The provisions of Article 2 (1), (2) and (3) of the draft law referred to are constitutional. 3.-That the provisions contained in the numerals 1), 2), 3), 4) and 5) of the article 3 of the draft law referred to are constitutional. 4th.-That the provisions contained in the numerals 1), 2) and 3) of the article 4 of the draft law referred to are constitutional. 5º.-That no pronouncement is issued, in preventive examination of constitutionality, regarding the provision contained in article 5 of the draft law referred to, for not dealing with matters of constitutional organic law. Santiago, April 21, 2015.-Rodrigo Pica Flores, Secretary (S).