Establishes The Direct N Eleccia Of The Regional Advisers

Original Language Title: ESTABLECE LA ELECCIÓN DIRECTA DE LOS CONSEJEROS REGIONALES

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Replaced article 29 by the following: "article 29.-the regional Council will be made by directors who are elected by universal suffrage" " , in direct voting.
Each Council shall be composed of fourteen directors in the regions of up to four hundred thousand inhabitants; by sixteen in the regions of more than four hundred thousand inhabitants; for twenty regions of more than eight hundred thousand inhabitants; by twenty-eight in the regions of more than one million five hundred thousand inhabitants; and thirty-four in the regions of more than four million inhabitants.
Within each region advisors chosen by provincial constituencies, that must be determined only for the purposes of the election. Each province of the region constitute at least a provincial constituency. Most provinces will be divided into more than one provincial constituency, according to what is established in article 29 bis.
The number of counselors choose corresponding to each provincial district shall be determined in consideration of the following standards: to) half of the advisors that will integrate the Council of each region will be divided by the total number of provincial constituencies that make up the region. The result of this operation will indicate the minimum or base of regional councillors elected every provincial constituency, regardless of the number of inhabitants that exists therein. If this result is not a whole number, the fraction that is will approach a rounded upward if it is more than a means, and if it is equal to or less than this amount will despise.
((b) the remaining number of members corresponding to each region, not considered in the literal to) above, will be distributed proportionally among the provincial constituencies, in proportion to its inhabitants, by applying the method of figure deliverer, which is addressed in article 96, third subparagraph to the fifth, of this law.
((c) if the sum of advisors that corresponds to a provincial constituency, whereas in letters a) and b) above, is less than two, you will be assigned to it, in total, two counselors; repeating itself, in this instance, the process of determination of counselors, in proportion to the inhabitants, referred to in point (b)) above, considering only the rest of provincial constituencies and charges of counselors who are to allocate.
For purposes of this article, the Director of the Electoral service will determine, at least seven months before the date of the respective election, the total number of regional advisers to choose in each region, as well as which corresponds to each provincial constituency, for which considered the population of inhabitants recorded in the last official national census. The resolution of the Director of the Electoral service must be published in the Official Gazette, within ten days of its enactment. Any regional councillor in exercise or political party may claim that judgment, with the corresponding Regional Electoral Court, within ten days following its publication in the official journal.
The Court shall issue its decision within a period of fifteen days. This decision will be appealed before the qualifier Tribunal of elections, in accordance with the term and procedure provided for in article 59 of law No. 18.603. "."

(2) add the following article 29 bis: "(Artículo 29 bis.-Las provincias que se indican a continuación se dividirán en circunscripciones provinciales de acuerdo a lo siguiente: a) the province of Valparaíso in Valparaíso region will be divided into two provincial districts: i. the first constituted by the communes of Puchuncavi, Concón and Quintero, Viña del Mar."
II. the second formed by the communes of Juan Fernández, Valparaiso, and Casablanca.

(b) the province of Cachapoal of the of the Libertador General Bernardo O'Higgins Region will be divided into two provincial districts: i. the first consisting of the town of Rancagua.
II. the second formed by the communes of Mostazal, barns, Codegua, Machali, Olivier, Doñihue, Coltauco, Las Cabras, Peumo, Coinco, Malloa, Quinta de Tilcoco, Rengo, Requínoa, Pichidegua and San Vicente.

(c) the design of the región del Biobío province will be divided into three provincial constituencies: i. the first constituted by the communes of Tomé, Penco, Hualpen and Talcahuano.
II. the second formed by the communes of Chiguayante, Concepción and Florida.
III. The third comprises the communes of San Pedro de la Paz, Coronel, Hualqui and Lota, Santa Juana.

(d) the province of Cautín in the Araucania Region will be divided into two provincial districts: i. the first constituted by the communes of Temuco and Padre Las Casas.
II. the second consisting of the towns of Galvarino, Lautaro, Perquenco, Vilcun, Melipeuco, Carahue, Cholchol, Freire, new Imperial, Pitrufquén, Saavedra, Teodoro Schmidt, Cunco, Curarrehue, Gorbea, Loncoche, Pucón, Toltén and Villarrica.

(e) the province of Santiago of the Metropolitan Region of Santiago will be divided into six provincial districts: i. the first consisting of the municipalities of Pudahuel, Quilicura, Huechuraba and Conchali, Renca.
II. the second formed by the communes of independence Recoleta, Santiago, Quinta Normal, Cerro Navia, Lo Prado.
III. The third comprises the communes of Maipú and Cerrillos and Central station.
IV. the fourth formed by the communes of Ñuñoa, Providencia, Las Condes, Vitacura, Lo Barnechea and the Queen.
v. The fifth formed by the communes of Peñalolén, La Granja, Macul, San Joaquin and Florida.
VI. the sixth formed by the communes of El Bosque, La Cisterna, San Ramon, Lo Espejo, Pedro Aguirre Cerda, San Miguel and La Pintana. "."

(3) replace article 30 with the following: "article 30.-the Regional Councillors shall be elected according to the rules contained in chapter VI of this title, shall remain four years in office and shall be eligible for re-election.".

(4) replaced article 42 with the following: "article 42.-If it dies or cesare in office some regional councillor during the discharge of his mandate, the vacancy will be provided with the citizen which, having integrated the electoral list of the Adviser that causes the vacancy, would have been elected if that list has presided over other charges." If regional advisor that cesare has been elected within a subpacto, the priority to replace the responsibility of the candidate who has been elected if another charge any corresponded you to that subpacto.
The vacancy should not apply to the above rule, will be provided by the regional Council, by an absolute majority of its members, from among those included in a list of three proposed by the political party he has belonged, at the time of election, who has motivated the vacancy. For this purpose, the political party shall have a period of 10 working days from its notification by the Executive Secretary of the Council, of the decision of the regional electoral court or acceptance or notification of the resignation, as appropriate. Within this period, without that present the terna, the Adviser that causes the vacancy not replaceable. The regional Council shall elect new Advisor within ten days of received the respective list; If the Council has not voted within such term, the person who occupies the first place of the triplet will assume, full-fledged, the vacancy.
Elected as independent advisers will not be replaced, unless these have been postulated by integrating pacts. In the latter case, provisions in first two paragraphs of this article shall apply. For this purpose, shortlisting pointing the second paragraph, will be proposed by the political parties that constituted the subpacto with the independent that motivates the vacancy or, failing that, by the electoral Pact that included it.
The new Adviser will remain in functions for the term that was lacking to complete which originated the vacancy, and may be reelected.
In no event shall complementary elections. "."

(5) replace chapter VI with the following: "chapter VI of the election of the REGIONAL Council article 82.-for the election of regional councillors, in everything that is not contrary to this law, shall apply the provisions of the constitutional law on popular votes and ballots, the constitutional organic law of political parties and the organic constitutional law on electoral registration and election system."

Article 83.-The election of Regional Councillors shall be carried out every four years, together with the parliamentary elections.

Paragraph 1 of the presentation of candidatures
Article 84.-Candidatures to regional advisers may only be declared before the Director of the Electoral service or the respective Regional Director of the same service, up to twenty-four hours of the 90th day prior to the date of the corresponding election.
The statements may only include up to as many candidates as charges appropriate to choose in the respective provincial constituency. One person can only apply for a position of regional adviser in a provincial constituency.
Regional Councillors candidates may not apply at the same time as candidates for the posts of President, Senator or member of Parliament in the elections that are conducted jointly.
Each declaration of candidature must be accompanied by an affidavit of the candidate, in which designated comply with legal and constitutional requirements to be candidate and not fond of disabilities and prohibitions. The circumstance of not be fond of the prohibitions referred to in the letters b), c), d) and e) of the first subparagraph and in the final subparagraph of article 32 must register at the time of filing the respective application. The prohibitions referred to in point to) subsection first and in the second paragraph of the said article 32 shall be credited at the time of assuming the post of regional adviser. This affidavit shall be made before a notary public or before the Civil Registry officer. The falsity of any of the events aseverados in this statement, or its omission, will produce the nullity of that, as well as all subsequent legal purposes, included the election of the candidate. In addition, the Declaration of candidacy must be given names, identity card and home of the Electoral administrator and General Electoral administrator, if necessary.
During the 30 days prior to the date of the election and until the next day of it, a counselor who is not repostulando shall exercise the Presidency of the regional Council. If there is more than one in such a situation, the Presidency shall be responsible for to who obtained individually greater voting in the respective election. If all directors are repostulando, the Presidency will be decided by drawing lots among them.
Otherwise, declarations of candidacy shall be governed by the provisions of articles 3, with the exception of its third paragraph; 3º bis, with the exception of its third paragraph; 4th, second and subsequent paragraphs; and 5 of the Act No. 18.700, constitutional organic on popular votes and ballots.
The declarations of candidacies of regional advisers should be submitted by political parties or electoral pacts in a single act with regard to each provincial constituency.

Article 85.-Candidatures to regional advisers may be declared by a political party, by a Covenant of parties, a pact between a party political and independent, by a Covenant of parties and independent and independent.
The statements of candidates for regional councillor who present an electoral Pact and the subpactos included in the may include candidates from any of the parties which constitute them, regardless of whether it is legally constituted in the respective region, provided that it is in most regions of the country, and at least one Parties subscribers of the Covenant is made at the national level.
The candidates declared only by independent regional advisor are subject to percentages and formalities laid down in the articles 89 and 90 of this law.

Article 86.-In the elections of regional councillors a political party may negotiate with one or more political parties, independent or both.
Political parties participating in an electoral Pact can subpactar among themselves or with independent, according to the rules that, on accumulation of votes of the candidates, set out in article 97 bis of this law; and may, exceptionally, exclude expressly, when formalized it, the provincial constituencies where not governed such subpacto. The subpactos will be always integrated by the same parties.
Independent candidates taking part in an electoral Pact may subpactar between them, with a subpacto of members of the same parties or with a party of the Covenant which is not a member of a subpacto party. They may also subpactar with a party member of a subpacto or expressly excluded provincial constituencies of such subpacto. For the designated purposes, as for the Declaration of candidacies, independent candidates will act itself or through representative appointed especially for this purpose, through a public deed.
To the formalization of an electoral subpacto they will be applicable, at relevant, the rules of the fourth and fifth subparagraphs of article 3 bis of the organic constitutional law on popular votes and ballots.

Article 87-Statements of electoral pacts, the subpactos to be agreed, as well as the excluded provincial constituencies of the subpactos, must consist in a single instrument, and its delivery will be formalized in a single act with the Director of the Electoral service, within the same time limit established in article 84, and prior to the statements of candidates.

Article 88-a. the Covenants and subpactos is les bears only with his name and to each political party subscribers with its name and symbol, indicating, then the full names of candidates affiliated to the respective party. In the case of statements of political parties, they identify with their name and symbol.
In the case of the independents that are part of a Pact are bears them at the end of the respective Pact, under the name 'independent'. The independent which, in turn, are part of a subpacto, will be individualized in the same way at the end of the respective subpacto.
The subpactos independent and these parties identify as such.

Article 89-The statements of independent candidates must be sponsored by a number not less than 0.5% of the voters who have voted in the most recent popular vote in the respective provincial constituency.
In any case, among the sponsors are counted not to affiliated with political parties that exceed 5% of the minimum percentage referred to in the preceding paragraph.
The Director of the Electoral service, by means of resolution, to be published in the official journal with seven months in advance, at least, the date that the choice should be made will make the determination of the required minimum number of sponsors.
Without prejudice to the provisions in the preceding subparagraphs, independents who apply for integrating pacts or subpactos will not require sponsorship.

Article 90-Sponsored by independent candidacies need to subscribe before a notary public of the respective province, by qualified citizens to vote the same. In those provinces where there is no notary public, shall be competent to certify the sponsorship the officer of the Civil Registry of the respective jurisdiction.
The same sponsor may not include in different statements of independent candidacies. If it occurs, will be valid only sponsorship appearing on the first statement made before the election; and if several proceedings at the same time, will not be valid in none of them the patronage that has been repeated.

Article 91.-on the third day of expired registration applications, the Director of the Electoral service will proceed to do the drawing referred to in the second paragraph of article 23 of the law Nº18.700, constitutional organic on popular votes and ballots.

Paragraph 2 of the acceptance, rejection, and registration of candidates article 92.-the Director Regional of the service election, within ten days following the day on which expires the deadline for declaration of candidacies, shall, by resolution, to be published in a newspaper with the largest circulation in the respective region, accept or reject which have been declared.
Political parties and independent candidates may, within five days following the publication of the aforementioned resolution, claim it to the respective Regional Electoral Tribunal, which shall be dealt within fifth day.

Article 93.-within the three days following the expiration of the time limit for challenging that referred to the article previous or final failure of the Regional Electoral Tribunal, in its case, the Electoral service Regional Director shall sign the application in a special register. From this moment it shall be deemed that the candidates have the quality of such, for all legal purposes.
In any case, the Regional Electoral Court must notify their resolutions to the respective Electoral service regional directors and sponsors of claims, as soon as you say them.

Paragraph 3 of the scrutiny on the reception tables of votes
Article 94.-for the purposes of general scrutiny and the qualification of the elections, referred to in the following paragraph, the receiving clerk of votes shall transmit to the President of the Regional Electoral Court envelope to that articles 73 and 74 of the constitutional organic law on popular votes and ballots. Also, College teller Secretary shall forward to the Court envelopes with records and pictures of schools tellers.

Paragraph 4 of general scrutiny and qualification of article 95-the elections general scrutiny and the qualification of the elections will be carried out by regional electoral courts, which will have, as they may be applicable, all the powers granted to the election qualifier Tribunal in titles IV and V of the constitutional organic law on popular votes and ballots.
If there is more than one Regional Electoral Court in the respective region, each one will have jurisdiction to hear all matters relating to this election in the provincial districts to determine the election qualifier Tribunal.
The resolutions issued by the regional electoral courts, within the framework of the competition that it gives them by this law, shall be appealable to the election qualifier Tribunal.
However, nullity claims and requests for corrections, shall be brought directly to the Regional Electoral Court.
The resolution which proclaim the candidates elected definitely will not be susceptible of appeal.
Without prejudice to the provisions in the preceding paragraphs, electoral judicial instances should be in the Public Ministry those facts or circumstances founding of the claim which, in its view, revistieren the characteristics of crime.

Article 96-To determine the regional councillors elected, Regional Electoral Tribunal shall follow the procedures of figure distributing noted in the following paragraphs.
Shall be deemed to constitute a list electoral pacts, parties participating in the election without forming part of an electoral Pact, and each independent candidatures which do not form part of an electoral Pact.
The votes of lists by adding preferences issued in favour of each of the candidates in the same list will be determined.
It will determine the electoral quotient, which list votes be divided successively by one, two, three, four, and so on, to form as many cuocientes by each list as regional councillors corresponds to choose. All those cuocientes be ordered consecutively and that occupy the ordinal position corresponding to the number of Directors to choose will be the electoral quotient.
To determine how many are chosen in each list, the total votes of the list shall be divided by the electoral quotient. The integer portion of the result of the division, shall be considered without approximate and disregarding any fraction or decimal.
To determine candidates to regional councillors elected within each list, take note of the following rules: 1) If a list corresponds to choose equal number of counselors of candidates submitted, are proclaimed elected to all these.
(2) if the number of candidates presented is greater that of the advisers that the list corresponds you choose, be announced elected those who have obtained the highest individual majorities, unless the list corresponds to an electoral Pact, case in which will apply the standard of the following article.
(3) if the number of candidates submitted is less than the counselors that the list has you choose, be they announced elected all candidates from the list, the charge excess to recalculating the number of officials elected by the other lists must be reallocated. This, for repeated calculation of the fifth paragraph, using as electoral quotient that occupy the ordinal position that follow in descending order of the cuocientes determined according to the fourth paragraph. If there were more than one surplus charges, to determine the quotient move forward in descending order of the cuocientes of the fourth subsection, as many ordinal positions as surplus charges exist.
(4) if within the same list a charge applicable with equal right to two or more candidates, who has obtained the largest number of individual preferences will be elected, and where equality persists, will proceed by the Regional Electoral Tribunal to draw on the charge, at public hearings.
(5) if the latest fee to fill applicable with equal right to two or more lists or independent candidates, the candidate from the list or the independent who has obtained the largest number of individual preferences will be elected, and where equality persists, will proceed by the Regional Electoral Tribunal to draw on the charge at public hearing.

Article 97. To determine the elected candidates in a list that corresponds to an electoral Pact, will be to add the preferences of the candidates included in each of the parties or the subpactos, as the case may be.
Subsequently, will repeat the procedure described in the previous article, whereas, for this purpose, as if they were a list to each of the members of the electoral Pact, whether it is parties, subpactos or independent candidates who had not subpactado, as the case may be, all with the aim of determining the number of candidates who choose each Member of the Pact.
Determined the number of directors who choose each Member of the electoral Pact, will repeat the procedure described in the preceding article, to determine what are the elected candidates of each Member of the Pact, considering also, to this effect, as if it were a list to each of the members of the electoral Pact, whether it is parties, subpactos or independent candidates who had not subpactado , as the case may be. In the case of a subpacto that includes one or more parties and independents, candidates will have equal right of preference within the subpacto, proclaimed elected who obtain the highest majorities whereas only a single vote.

Article 98.-for the purposes of the provisions of the preceding articles, every independent candidate who is not a part of an electoral Pact, shall be considered as if it was a list and will own this treatment.
In addition, when an electoral Pact include the nomination of one or more independent, that no part of a subpacto, shall be considered separately, as if they were a political party or member of the Covenant subpacto.

Article 99-within two days following the day on which its judgment is firm, the Regional Electoral Tribunal will send a certified copy of the relevant part of the same and the complementary Act of proclamation, in what refers to the respective provincial constituencies, the Mayor and the Governors of the region. Inform, at the same time, his proclamation each of the elected candidates.
A complete copy of the ruling and its complementary Act shall be sent, in addition, by the Chairman of the respective Regional Electoral Court, the Minister of the Interior and public security and the Director of the Electoral service, in order to take knowledge of the term of the regional electoral process.

Article 99 bis.-the Regional Council will be installed 11 March of the year following the respective election, with the attendance of the absolute majority of the directors elected by the competent Regional Electoral Tribunal, convened for that purpose by the respective Mayor declared. The period of the post of regional adviser be always, computed from that date. "."