Replaces The Binominal Electoral System By One Face Cter Proportional Inclusive 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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"(Artículo 1º.-Modifíca_se la ley Nº18.700, orgánica constitucional sobre Votaciones Populares y Escrutinios, de la manera que a continuación se señala: 1) (in the article 3 bis: to) Insert the following new second subsection passing the current subsection second to be third: 'elections of Deputies and senators, to the inside of each electoral Pact, members of the Pact political parties may" each one, partnering with independent candidates. "."
(b) Insert the following subsection fifth, new, passing current subparagraphs fourth and fifth to sixth and seventh, respectively: "all statements of candidates for Deputy or Senator declared by political parties, they have or not agreed, neither candidates men nor the women candidates shall exceed sixty per cent of the respective total. This percentage shall be compulsory and shall be calculated independently of the form of nomination of candidates. Violation of stated above will entail the rejection of all candidates declared deputies or senators, as appropriate, of the party which has failed to comply with this requirement. "."
(c) add in the final subsection, then the phrase "which have been a pact", the phrase "or a partnership with independent candidacies".
(d) added in the final paragraph, after the phrase "an electoral Pact may be left without effect", the phrase "or a partnership with independent candidacies".

(2) replace paragraph first item 4 ° by the following: "article 4.-in the case of statements of candidates for the election of Deputies and senators, political parties or electoral pacts may submit in each district or constituency up candidates equal to the number immediately superior to the number of parliamentarians that corresponds to choose in the district or constituency concerned.".

(3) replace article 17 with the following: "article 17.-the Board of the Electoral service, within ten days following the day that expires the deadline for declaration of candidacies, you should dictate a resolution which will be notified by email that the political parties and independent candidates must be informed at the time of the Declaration, which shall take a decision on" (: a) the acceptance or rejection of each of the statements of candidates for Deputy or Senator, declared by each political party, electoral Pact or independent candidacy. The Electoral Service Council should reject the statements of candidates who do not meet the requirements laid down in articles 25, 48 and 50 of the Constitution politics, or who are in any of the situations provided for in its article 57. You must also reject statements of candidates that do not meet the requirements set out in paragraphs 1 to 3 degrees of this title.
(b) the acceptance or rejection of all of the declarations of candidacies of Deputy or Senator, as appropriate, declared by each political party, in accordance with the provisions of subparagraphs fourth and fifth article 3 bis. The Electoral Service Council should reject all of the statements of candidates for Deputy or Senator, according to it appropriate, carried out by political parties, are or not in electoral Pact, which do not comply with the percentage of sex laid down in the fifth paragraph of that article.
Political parties whose entire statements of candidates for Deputy or Senator, as appropriate, to be rejected in accordance with the provisions of point (b)) of this article, will be able to correct them before the election within four working days of the date of the dispatch of the email which notifies the resolution referred to in the first subparagraph, in order to conform to the gender percentage provided for in the fifth subparagraph of article 3 bis , either by removing statements by candidates or declaring new ones.
Within five days of the expired to submit the correction, the Electoral Service Council shall adopt a new resolution accepting or rejecting the new statements and rejecting or accepting, as appropriate, all of the statements of candidates to deputies or senators, as appropriate, which shall be posted within third day in the official journal. On such occasion will be also published in the same medium the acceptance or rejection of each of the statements of candidates to members of Parliament declared by each political party, electoral Pact or independent candidacy. "."

(4) adding, in article 23, the following paragraph third, new, passing current paragraphs third and fourth 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 will be the designated by the electoral Pact in the Declaration of candidacies and" , in the absence of this, shall be resolved by the Electoral service by lot. "."

((5) in article 24: to) replace the fourth subparagraph which follows: "the order of precedence of the candidates of a party and its independent associates within the electoral card for each constituency or district will be the designated by the party in the Declaration of candidacies and, in the absence of this, shall be resolved by the Electoral service by lot.".
(b) replace, in the final paragraph, the expression "so that" by "used to".

(6) replace article 109 bis with the following: "article 109 bis.-in the case of elections of Deputies and senators, the election qualifier Tribunal proclaimed elected candidates, in accordance with the rules laid down in the procedure as described below: 1.-the election qualifier Tribunal determined preferences issued for each list and each of the candidates who make it up."
2.-applies the electoral quotient d'Hondt system, which will proceed in the following way: to) the votes of each list shall be divided by one, two, three and so on until the amount of charges that corresponds to choose.
(b) numbers that have resulted from these divisions will be sorted in descending order until the number corresponding to the amount of charges that are elected in each electoral district or senatorial constituency.
((c) to each list or electoral Pact be attributed by as many seats as numbers on the scale described in (b)).
3. in the case of lists by a single political party, the election qualifier Tribunal will proclaim elected the candidates who obtained the highest individual majorities of each list, according to the number of positions that correspond to each one of them, after applying the rules described above.
4.-in the case of electoral pacts, the following rules shall apply to determine how many seats correspond to each one of them: to) is calculated the total number of votes each political party or, where applicable, the sum of each political party and independent candidates associated with that party.
(b) will it be divided by one, two, three and so on, up to the number of positions allocated to the electoral Pact.
((c) to each political party or, where appropriate, to each party and independent candidates associated with this, be attributed him as many seats as numbers on the scale described in (b)) precedent.
(d) the election qualifier Tribunal will proclaim elected the candidates who obtained the highest individual majorities of each political party or, where appropriate, of each party, whereas the associated independent candidacies this within an electoral Pact, according to quotas obtained by each of them.
In the event of a tie between candidates of the same list, or between candidates from different lists, which in turn are tied, the election qualifier Tribunal will proceed in open court to do a draw between them, and announce elected to that exit favoured. "."

(7) be replaced with article 178 the following: ' article-178 for the election of the members of the Chamber of deputies will have twenty-eight electoral districts, each of which shall elect the number of members referred to in the following article. ".

(8) be replaced with article 179 the following: ' article 179-electoral districts are as follows: 1st District, consisting of the towns of Arica, shrimp, Putre and General Lagos, which shall elect 3 members. "
2nd District, consisting of the boroughs of Iquique, Alto Hospicio, Huara, Camiña, Colchane, Pica and Pozo Almonte, who shall elect 3 members.
3rd district, consisting of the towns of Tocopilla, María Elena, Calama, Ollagüe, San Pedro de Atacama, Antofagasta, Mejillones, Sierra Gorda and Taltal, elected 5 deputies.
4th district, consisting of the boroughs of Chañaral, Diego de Almagro, Copiapó, boiler, Yellow Earth, Vallenar, Freirina, Huasco and Alto del Carmen, elected 5 deputies.
5th district, comprising the communes of La Serena, La Higuera, Vicuna, Paihuano, Andacollo, Coquimbo, Ovalle, Rio Hurtado, Combarbalá, Punitaqui, Monte Patria, Illapel, Salamanca, Los Vilos and cinnamon, elected 7 deputies.
6th District, comprising the communes of La Ligua, Petorca, Cabildo, Papudo, Zapallar, Puchuncavi, Quintero, Nogales, Calera, La Cruz, Quillota, Hijuelas, Los Andes, San Esteban, Calle Larga, Rinconada, San Felipe, Putaendo, Santa Maria, Panquehue, Llaillay, Catemu, Olmué, Limache, Villa Alemana and Quilpue, elected 8 members.
7th District, comprising the communes of Valparaiso, Juan Fernández, Easter Island, Viña del Mar, Concón, San Antonio, Santo Domingo, Cartagena, El Tabo, El Quisco, carob and Casablanca, which will elect 8 members.
8th district, comprising the communes of Hill Lampa, Tiltil, Quilicura, Pudahuel, Central station, Cerrillos, Maipu, which will elect 8 members.
9th district, consisting of the districts of Conchalí, Renca, Huechuraba, Cerro Navia, Quinta Normal, Lo Prado, Recoleta and independence, elected 7 deputies.
10th district, consisting of the districts of Providencia, Nunoa, Santiago, Macul, San Joaquin and La Granja, which will elect 8 members.
11th district, consisting of the boroughs of Las Condes, Vitacura, Lo Barnechea, La Reina and Peñalolén, elected 6 members.
12th District, comprising the communes of La Florida, Puente Alto, Pirque, San José de Maipo and La Pintana, elected 7 deputies.
13th district, consisting of the districts of El Bosque, La Cisterna, San Ramón, Pedro Aguirre Cerda, San Miguel and Lo Espejo, elected 5 deputies.
14th district, made up of the communes of San Bernardo, Buin, Paine, Calera de Tango, Talagante, Peñaflor, El Monte, Isla de Maipo, Melipilla, María Pinto, Curacaví, Alhué, San Pedro and Padre Hurtado, who shall elect 6 MEPs.
15th district, consisting of the boroughs of Rancagua, Mostazal, barns, Codegua, Machali, Requínoa, Rengo, Olivier, Doñihue, Coinco, Coltauco, Quinta de Tilcoco and Malloa, elected 5 deputies.
16th district, comprising the communes of San Fernando, Chimbarongo, San Vicente, Peumo, Pichidegua, Las Cabras, Placilla, Nancagua, Chépica, Santa Cruz, Lolol, Pumanque, Palmilla, Peralillo, Christmas, Litueche, La Estrella, Pichilemu, Marchigue and Paredones, elected 4 members.
17th district, comprising the communes of Curico, Teno, Romeral, Molina, Sagrada Familia, Hualañé, Licantén, Vichuquén, Rauco, Talca, Curepto, Constitution, Empedrado, Pencahue, Maule, San Clemente, Pelarco, Rio Claro and San Rafael, elected 7 deputies.
18th district, consisting of the municipalities of Linares, Colbún, San Javier, Villa Alegre, Yerbas Buenas, Longaví, Retiro, Parral, Cauquenes, Pelluhue and Chanco, elected 4 members.
19th district, comprising the communes of Chillan, Coihueco, 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, elected 5 deputies.
20th district, consisting of the boroughs of Talcahuano, Hualpén, Concepción, San Pedro de la Paz, Chiguayante, took, Penco, Florida, Hualqui, Coronel and Santa Juana, which will elect 8 members.
21st District, consisting of the towns of Lota, Lebu, Arauco, Curanilahue, Los Alamos, Cañete, Contulmo, Tirúa, Los Angeles, Tucapel, Antuco, Quilleco, Alto Biobío, Santa Barbara, Quilaco, Mulchén, Negrete, birth, San Rosendo and Laja, elected 5 deputies.
22 nd district, consisting of the boroughs of Angol, Renaico, Collipulli, Ercilla, Los Sauces, Purén, Lumaco, Traiguen, Victoria, Curacautín, Lonquimay, Melipeuco, Vilcún, Lautaro, Perquenco and Galvarino, elected 4 members.
23rd District, consisting of the boroughs of Temuco, Padre Las Casas, Carahue, new Imperial, Saavedra, Cholchol, Teodoro Schmidt, Freire, Pitrufquén, Cunco, Pucón, Curarrehue, Villarrica, Loncoche, Gorbea and Tolten, elected 7 deputies.
24th district, consisting of the boroughs of Valdivia, Lanco, Mariquina, Máfil, Corral, Panguipulli, Los Lagos, Futrono, Lago Ranco, Rio Bueno, La Unión and Paillaco, elected 5 deputies.
25th district, consisting of the boroughs of Osorno, San Juan de la Costa, San Pablo, Puyehue, Rio Negro, Purranque, Puerto Octay, Fresia, Frutillar, Llanquihue, Puerto Varas and Los Muermos, elected 4 members.
26th district, comprising the communes of Puerto Montt, Cochamó, Maullin, Calbuco, Castro, Ancud, Quemchi, Dalcahue, Curaco de Vélez, Quinchao, Puqueldón, Chonchi, Queilén, Quellón, Chaitén, Hualaihué, Futaleufú and Palena, elected 5 deputies.
27th district, consisting of the boroughs of Coihaique, Green Lake, Aisén, swans, Guaitecas, Chile Chico, Rio Ibanez, Cochrane, O'Higgins and Tortel, who shall elect 3 members.
28th district, consisting of the boroughs of Natales, Torres del Paine, Punta Arenas, Río Verde, Laguna Blanca, San Gregorio, Porvenir, spring, Timaukel, Cape Horn and Antarctica, which shall elect 3 members.
The number of members to be elected by District will be updated within the time limits and in the form prescribed by article 179 bis. "."

(9) add the following article 179 bis: 155 seats will be distributed proportionately among the 28 districts in regard to the population of each of them " based on the data provided by the last official census of population conducted by the National Institute of statistics. This proportionality will be distributed pro-rata charges between electoral districts, according to the formula provided for in article 109 bis of this law.
(b) however the above, no district may choose less than 3 nor more than 8 members. En_el_caso_que, pursuant to the calculation provided in letter to), one or more districts exceed this limit, the excess charges will be distributed proportionally to the population between districts that have not reached the top.
(c) for the purposes of proceeding to the recommended update, the Board of Directors of the Electoral service shall be specially the third business day of the month of April of the year subsequent to the realization of the last official census. In the event that this update year coincided with one in which elections of deputies are held, the Board of Directors of the Electoral service will be especially the third business day of the month of April of the year immediately prior to the election.
d) the Board of Directors of the service Electoral shall have a period of ten days to decide a new distribution of seats. Adopted the agreement, this will be published in the official journal and shall be notified to the Chamber of Deputies, all within forty-eight hours.
Dentro_de the five days following the designated publication, any citizen may have recourse before the election qualifier Tribunal 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 decide whether it confirms or modifies the agreement of the Board of Directors of the Electoral service. Shall be recourse against this decision.
In any case, with or without recourse, the final determination of the allocation of seats to be published in the official journal in the first ten days of the month of February of the year in question. "."

(10) replace article 180 with the following: "article 180.-the Senate is composed of 50 members."
For the election of senators, each region constitutes a senatorial constituency.
Each district shall elect the number of senators who indicated below: 1st constituency, consisting of the XV Region of Arica and Parinacota, 2 senators.
2nd constituency, consisting of the I Region de Tarapacá, 2 senators.
3rd district, consisting of the II Region of Antofagasta, 3 Senators.
4th constituency, consisting of the III Region of Atacama, 2 senators.
5th constituency, made up of the IV Region of Coquimbo, 3 Senators.
6th constituency, consisting of the V Region of Valparaiso, 5 senators.
7th District, consisting of the Metropolitan Region of Santiago, 5 senators.
8th constituency, consisting of the VI O'Higgins Region, 3 Senators.
9th constituency, consisting of the seventh Region of Maule, 5 senators.
10th district, consisting of the VIII Region of Bio Bio, 5 senators.
11th district, consisting of the IX Region of the Araucanía, 5 senators.
12th constituency, consisting of the XIV región de Los Ríos, 3 Senators.
13th constituency, consisting of the X Region of Los Lagos, 3 Senators.
14th district, consisting of the XI región de Aisén of the General Carlos Ibáñez del Campo, 2 senators.
15th district, consisting of the XII región de Magallanes y de la Antártica Chilena, 2 senators. "."

(11) be repealed article 181.

(12) add the following transitional article 23: "article 23.-the special rule in article 3 bis, subsection fifth, shall only apply in parliamentary elections in 2017, 2021, 2025 and 2029."

(13) add the following transitional article 24: "article 24.-for the purposes of completing the new integration of the Senate of the Republic, in the parliamentary elections that must be held in November of 2017 will be that completely renewed the circumscriptions which correspond to odd-numbered regions."
In the case of the circumscriptions which correspond to the numbered regions and metropolitan, the parliamentarians elected in 2013 will continue their duties until their period of eight years. In elections of 2021, these constituencies will elect all Senators their rightful. "."

(14) add the following transitional article 25: "article 25.-Faculty of the Board of Directors of the Electoral service referred to in article 179 bis shall be exercised for the first time the subsequent year to the official census of the year 2022.".

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