LAW NO. 20,678 ESTABLISHES THE DIRECT ELECTION OF THE REGIONAL COUNCILORS Having present that the H. Congress has given its approval to the following bill, Bill: " Article 1 °.-Introduces the following amendments in the law N ° 19.175, Constitutional Organic Government and Regional Administration, whose consolidated, coordinated, systematized and updated text was established by the decree with force of law No. 1, 2005, of the Ministry of the Interior: 1. Replaces Article 29 by the following: " Article 29.-The regional council shall be composed of members elected by universal suffrage, in direct voting. Each council will be composed of fourteen members in the regions of up to four hundred thousand inhabitants; by sixteen in the regions of more than four hundred thousand inhabitants; by twenty in the 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 the councillors will be elected by provincial constituencies, which will be determined only for the purposes of the election. Each province of the region shall constitute at least one provincial constituency. The provinces with the greatest number of inhabitants shall be divided into more than one provincial constituency, as set out in Article 29a. The number of councillors to be elected to each provincial constituency will be determined in consideration of the following rules: (a) Half of the members of the council of each region will be divided by the total number of constituencies. provincial members of the region. The result of this operation shall indicate the minimum number or base of regional councillors to be chosen by each provincial constituency, irrespective of the number of inhabitants in it. If this result is not an integer, the resulting fraction shall be approximate to the higher integer if it is greater than one means, and if it is equal to or less than this quantity, it shall be despised. (b) The remaining amount of the members corresponding to each region, not referred to in subparagraph (a) above, shall be distributed proportionally among the provincial constituencies, in proportion to their inhabitants, applying the method of This is the case in Article 96, which is third to the fifth, of this law. (c) If the sum of members corresponding to a provincial constituency, as referred to in (a) and (b) above, is less than two, it shall be allocated to it, in total, two members; the process of the determination of members, in proportion to the inhabitants, referred to in point (b) above, considering only the rest of the provincial constituencies and the posts of members to be assigned. For the purposes of this Article, the Director of the Electoral Service shall determine, at least seven months before the date of the respective election, the total number of regional councilors to be elected in each region, as well as corresponds to each provincial constituency, for which it shall consider the population of inhabitants recorded in the last official national census. The decision of the Director of the Electoral Service shall be published in the Official Journal, within 10 days of its decision. Any regional councillor in office or political party may claim such a decision, before the corresponding Regional Electoral Tribunal, within 10 days of its publication in the Official Journal. The Court must issue its judgment within a period of 15 days. This ruling shall be appealed to the Qualifier of Elections, in accordance with the period and procedure provided for in Article 59 of Law No. 18,603. " 2) Add the following Article 29a: " Article 29a.-The provinces listed below shall be divided into provincial constituencies according to the following: (a) Valparaiso province of the Valparaiso Region shall be divided into two provincial constituencies: i. The first constituted by the communes of Puchuncavi, Quintero, Concon and Viña del Mar. ii. The second constituted by the communes of Juan Fernández, Valparaiso and Casablanca. b) The province of Cachapoal of the Region of the Liberator General Bernardo O ' Higgins will be divided into two provincial constituencies: i. The first constituted by the commune of Rancagua. ii. The second consists of the communes of Mostazal, Graneros, Codegua, Machali, Olivar, Donihue, Coltauco, Las Cabras, Cambas, Coinco, Malloa, Quinta de Tilcoco, Rengo, Requinoa, Pichidegua and San Vicente. c) The province of Concepción of the Biobio Region will be divided into three provincial constituencies: i. The first constituted by the communes of Tomé, Penco, Hualpen and Talcahuano. ii. The second constituted by the communes of Chiguayante, Concepción and Florida. iii. The third constituted by the communes of San Pedro de la Paz, Colonel, Lota, Hualqui and Santa Juana. d) The province of Cautin of the Region of Araucania will be divided into two provincial constituencies: i. The first constituted by the communes of Temuco and Father Las Casas. ii. The second consists of the communes of Galvarino, Lautaro, Perquenco, Vilcun, Melipeuco, Carahue, Cholchol, Freire, Nueva Imperial, Pitrufquen, Saavedra, Teodoro Schmidt, Cunco, Curarrehue, Gorbea, Loncaro, Pucón, Tolten and Villarrica. e) The province of Santiago de la Région Metropolitana de Santiago will be divided into six provincial constituencies: i. The first constituted by the communes of Pudahuel, Quilicura, Conchali, Huechuraba and Renca. ii. The second consists of the communes of Independencia, Recoleta, Santiago, Quinta Normal, Cerro Navia and Lo Prado. iii. The third constituted by the communes of Maipú, Cerrillos and Estación Central. iv. The fourth constituted by the communes of Nunoa, Providencia, Las Condes, Vitacura, Lo Barnechea and La Reina. v. The fifth constituted by the communes of Penalolen, La Granja, Macul, San Joaquin and La Florida. The sixth constituted by the communes of El Bosque, La Cisterna, San Ramón, lo Espejo, Pedro Aguirre Cerda, San Miguel and La Pintana. "3) Replace Article 30 by the following:" Article 30.-Regional councilors will be chosen according to the rules contained in Chapter VI of this Title, they shall remain for four years in their positions and may be re-elected. "4) Replace Article 42 by the following:" Article 42.-If any regional councillor dies or ceases to be in his position of its mandate, the vacancy will be provided with the citizen who, having integrated the electoral list of the adviser who provokes the vacancy, it would have been chosen if that list had been reciprocated by another position. If the regional councillor who ceases has been elected within a sub-pact, the priority to replace him shall be the candidate who has been elected if that sub-pact has been the subject of another post. Where the above rule is not applicable, the vacancy shall be provided by the regional council, by an absolute majority of its members in office, from among those included in a third party proposed by the political party to which it has belonged, to the time to be elected, who has motivated the vacancy. For this purpose, the political party shall have a period of ten working days from its notification, by the Executive Secretary of the Council, from the decision of the regional electoral tribunal or from the acceptance or notification of the waiver, as appropriate. After that period, without the third party being present, the adviser who provokes the vacancy shall not be replaced. The regional council shall elect the new adviser within 10 days of receipt of the respective third party; if the council does not speak within that term, the person holding the first place of the third party shall assume, in full, the vacant position. The members elected as independents will not be replaced unless they have been nominated to integrate pacts. In the latter case, the provisions of the first two points of this Article shall apply. For this purpose, the terna that points to the second paragraph, will be proposed by the political parties that constituted the subpact with the independent that motivates the vacancy or, failing that, by the electoral pact that included it. The new counselor will remain in office for the term that was missing from the one that originated the vacancy, and can be re-elected. In no case will they be followed by a supplementary election. "5) Replace Chapter VI with the following:" Chapter VI OF THE ELECTION OF THE REGIONAL COUNCIL Article 82.-For the elections of regional councillors, in all that is not contrary to this The law will govern the provisions of the Constitutional Organic Law on Popular and Electoral Votes, the Constitutional Organic Law of Political Parties, and the Constitutional Organic Law on the System of Electoral Enrollments. Election Service. Article 83.-The elections of regional councilors shall be held every four years, in conjunction with the parliamentary elections. Paragraph 1 of the nomination of candidates Article 84.-Nominations for regional councilors may be declared only before the Director of the Electoral Service or the respective Regional Director of the same Service, up to the twenty-four hours of the ninetieth day before the date of the corresponding election. The statements can only include up to as many candidates as posts to choose from in the respective provincial constituency. A single person may only apply for a post of regional councillor in a provincial constituency. Candidates for regional councilors will not be able to apply at the same time as candidates for the posts of President of the Republic , senator or deputy in the elections being held jointly. Each declaration of candidacy must be accompanied by an affidavit of the candidate, in which he will point out to comply with the legal and constitutional requirements to be a candidate and not to be affected by inabilities and prohibitions. The circumstances of not meeting the prohibitions referred to in points (b), (c), (d) and (e) of the first subparagraph and in the final paragraph of Article 32 shall be credited at the time of the declaration of the respective application. The prohibitions referred to in point (a) of the first subparagraph and in the second subparagraph of Article 32 (2) shall be credited at the time of taking up the post of regional councillor. This affidavit shall be made before a notary public or an official of the Civil Registry. The falsehood of any of the facts stated in this declaration, or its omission, will result in the nullity of that statement, as well as all subsequent legal effects, including the election of the candidate. In addition, the declaration of candidacy must include the names, identity cards and domicile of the Electoral Administrator and General Electoral Administrator, if any. During the 30 days preceding the date of the election and until the day after the election, the chair of the regional council shall be held by a counsellor who is not rerunning. If there is more than one in such a situation, the presidency shall be the responsibility of the individual who has obtained the highest vote in the respective election. If all the members are rerunning, the presidency will be decided by a draw between them. In other words, the declarations of candidature shall be governed by the provisions of Articles 3, with the exception of their third indent; 3rd bis, with the exception of their third indent; 4th, second and subsequent incisations; and 5 ° of the law Nº 18,700, Organic Constitutional on Popular and Scrutiny Votes. The declarations of nominations of regional councilors shall be submitted by the political parties or electoral pacts in a single act in respect of each provincial constituency. Article 85.-Nominations for regional councilors may be declared by a political party, by a party pact, by a pact between a political and independent party, by a pact of parties and independents, and by independents. The declarations of candidates for a regional adviser that presents an electoral pact and the subpacts included in it may include candidates from any of the parties that constitute them, regardless of whether they are legally present. This is the case in the region, as long as it is in the majority of the regions of the country, and at least one of the party's subscriber parties is constituted at the national level. Nominations for regional counsellor declared only by independents shall be subject to the percentages and formalities laid down in Articles 89 and 90 of this Law. Article 86.-In the elections of regional councilors a political party may agree with one or more political parties, with independents or both. Political parties participating in an electoral pact may subagree among themselves or with independents, in accordance with the rules that, on the accumulation of votes of the candidates, are set out in Article 97a of this Law; exceptionally, to expressly exclude, at the time of formalisation, the provincial constituencies in which the said subpact does not govern. The sub-pacts will always be integrated by the same parties. Independent candidates participating in an electoral pact will be able to subagree with each other, with a subpact of party members or with a party of the pact that is not a member of a party subpact. They may also subagree with an individual party of a sub-pact in the provincial constituencies expressly excluded from that subpact. For the purposes indicated, as for the declaration of nominations, the independent candidates shall act in themselves or by means of a representative appointed in particular for this purpose, by public deed. The formalization of an electoral sub-pact will be applicable to the provisions of the fourth and fifth points of article 3º bis of the Constitutional Organic Law on Popular and Scrutiny Votes. Article 87.-The declarations of electoral pacts, of the subagreements to be agreed, as well as of the provincial constituencies excluded from the subcovenants, shall be entered in a single instrument, and their delivery shall be formalized in a single act before the Director of the Electoral Service, within the same time limit laid down in Article 84, and prior to the declarations of nominations. Article 88.-The covenants and subcovenants shall be individualized only with their name and each of the political parties subscribing with their name and symbol, indicating, below, the full names of the candidates affiliated to the respective party. In the case of declarations of political parties, they will be individualized with their name and symbol. In the case of the independents who are part of a pact they will be individualized at the end of the respective pact, under the name "independent". Independents who, in turn, form part of a subpact, will be individualized in the same way at the end of the respective subpact. The sub-pacts between independents and between these and parties will be individualized as such. Article 89. The declarations of independent candidates shall be sponsored by a number of not less than 0.5% of the voters who have cast their votes in the most recent popular vote in the respective provincial constituency. In any case, the sponsor shall not account for those affiliated with political parties that exceed 5% of the minimum percentage set out in the previous paragraph. The determination of the minimum necessary number of sponsors shall be made by the Director of the Electoral Service, by resolution, to be published in the Official Journal seven months in advance, at least, to the date on which the choice. Without prejudice to the provisions of the above, the independents who are seeking to integrate covenants or subcovenants shall not require sponsorship. Article 90.-The sponsorship of independent candidates must be subscribed to a notary public in the province, by citizens entitled to vote. In those provinces where there is no public notary, the official of the Civil Registry of the respective jurisdiction will be competent to certify the sponsorship. The same sponsor may not be included in a number of independent candidate declarations. If this happens, only the sponsorship listed in the first declaration made before the Electoral Service will be valid; and if several, simultaneously, will not be valid in any of them the sponsorship that has been repeated. Article 91.-On the third day of the expiry of the deadline for the registration of applications, the Director of the Electoral Service shall draw up the drawing referred to in the second indent of Article 23 of Law No 18,700, Constitutional Organics on Voting Popular and Scrutiny. Paragraph 2 of the acceptance, rejection and registration of applications Article 92.-The Regional Director of the Electoral Service, within 10 days of the expiry of the deadline for the declaration of applications, shall, by means of a resolution to be published in a journal of the most circulation in the respective region, to accept or reject those which have been declared. The political parties and the independent candidates may, within five days of the publication of the said resolution, complain to the respective Regional Electoral Tribunal, which shall decide within the fifth day. Article 93. Within three days of the expiration of the period to contest the article referred to in the previous article or the decision of the Regional Electoral Tribunal, the Regional Director of the Electoral Service shall proceed to to register applications in a special register. From this moment the candidates will be considered to have the quality of such, for all legal effects. In any case, the Regional Electoral Tribunal shall notify its resolutions to the respective Regional Directors of the Electoral Service and to the sponsors of the claims, as soon as the decisions are made. Paragraph 3 of the scrutiny at the voting tables Article 94.-For the purposes of the general scrutiny and the qualification of the elections referred to in the following paragraph, the secretary of the table receiving the votes shall forward to the President of the Regional Electoral Tribunal on the question referred to in Articles 73 and 74 of the Constitutional Organic Law on Popular Voting and Elections. Likewise, the secretary of the Escutador College will send the envelopes to the same court with the minutes and tables of the Scrutinizing Colleges. Paragraph 4 of the general scrutiny and the qualification of the elections Article 95.-The general scrutiny and the qualification of the elections will be practiced by the Regional Electoral Courts, which will have, as soon as they are applicable, all the powers granted to the Qualifier Court of Elections in Titles IV and V of the Constitutional Organic Law on Popular Voting and Elections. If there is more than one Regional Electoral Tribunal in the respective region, each will have jurisdiction to hear about all matters relating to this election in the provincial constituencies to be determined by the Qualifier Court. Elections. The decisions of the Regional Electoral Courts, within the framework of the jurisdiction conferred on them and by this law, they will be appealed to the Court of Elections. However, claims for nullity and requests for corrections will be brought directly before the Regional Electoral Tribunal. The resolution that proclaims the candidates definitively elected will not be subject to any recourse. Without prejudice to the foregoing, the judicial authorities shall inform the Public Ministry of the facts or circumstances of the complaint which, in their opinion, shall be reviewed by the courts. crime characteristics. Article 96. In order to determine the regional councilors elected, the Regional Electoral Tribunal shall follow the procedure for the number of votes that are indicated in the following points. The electoral pacts, the parties participating in the election without being part of an electoral pact, and each of the independent candidates that are not part of an electoral pact, will be considered a list. The list votes shall be determined by adding the preferences issued in favour of each of the candidates on the same list. The electoral quota will be determined, for which the list votes will be divided successively by one, two, three, four, and so on, to form as many cuocients for each list as regional councilors to choose. All of these quocents will be sorted in a degressive manner and the one that occupies the ordinal position corresponding to the number of councilors to choose will be the electoral cuociente. To determine how many are chosen on each list, the total number of votes on the list will be divided by the electoral quota. The entire part of the result of the division shall be considered, without approximating and despising any fraction or decimal. In order to determine the candidates for regional members elected within each list, the following rules shall be observed: 1) If a list is to be chosen as the number of members as the number of candidates submitted, the candidates shall be appointed these. (2) If the number of candidates submitted is greater than that of the members who are to be elected to the list, those who have obtained the highest individual majorities shall be proclaimed, unless the list corresponds to a where the rule of the following Article applies. (3) If the number of candidates submitted is lower than that of the members who are responsible for the list, all the candidates in the list shall be appointed, and the excess charge shall be reallocated by recalculating the number of elected posts. by the other lists. To this end, the calculation of the fifth indent shall be repeated, using the one that occupies the ordinal position that follows in the descending order of the cuocients determined according to the fourth indent. If more than one of the excess charges were to be determined, in order to determine the amount of the quocent, the descending order of the cuocients of the fourth indent will be advanced, as many ordinal positions as surplus positions exist. (4) If, within the same list, a charge is equal to two or more candidates, the person who has obtained the highest number of individual preferences shall be elected and, in the case of the pursuit of equality, the Court shall proceed Regional Electoral to the sweepstakes of the office, in public hearing. (5) If the last charge to be filled is equal to two or more independent lists or candidates, the candidate of the list or the independent who has obtained the highest number of individual preferences shall be chosen and, in the case of The Regional Electoral Tribunal shall proceed to the drawing of the office at the public hearing. Article 97. In order to determine the candidates chosen in a list corresponding to an electoral pact, the preferences of the candidates included in each of the parties or of the subcovenants, as the case may be, will be added. Subsequently, the procedure described in the previous article will be repeated, considering, for this purpose, as if they were a list to each of the members of the electoral pact, whether they are parties, subpacts or candidates. This is the case, as the case may be, in order to determine the number of candidates chosen by each member of the pact. Given the number of members elected by each member of the electoral pact, the procedure described in the preceding article will be repeated, in order to determine which candidates are elected from each member of the pact, considering also, for this effect, as if they were a list for each of the members of the electoral pact, whether they were parties, subpacts or independent candidates that would not have been subpacted, as the case may be. In the case of a subpact that includes candidates from one or more parties and independents, the candidates will have equal right of preference within the subpact, proclaiming themselves elected to those who obtain the highest majorities considering only their own. individual voting. Article 98.-For the purposes of the preceding articles, each independent candidate which is not part of an electoral pact shall be considered as a list and shall have its own treatment. Likewise, when an electoral pact includes the nomination of one or more independents, who are not part of a subpact, they will be considered separately, as if they were a political party or a member of the pact. Article 99. Within two days of the decision of the Regional Electoral Tribunal, the Regional Electoral Tribunal shall send an authorized copy of the relevant part of it and the additional act of proclamation, in respect of the the provincial constituencies, the mayor and the governors of the region. It shall, at the same time, communicate its proclamation to each of the candidates elected. A full copy of the judgment and its supplementary record shall be forwarded by the President of the respective Regional Electoral Tribunal, the Minister of the Interior and Public Security and the Director of the Electoral Service, in order to take them into account. knowledge of the end of the regional electoral process. Article 99a.-The Regional Council shall be installed on 11 March of the year following the respective election, with the assistance of the absolute majority of the members declared elected by the competent Regional Electoral Tribunal, called for such effect by the respective mayor. The period of the post of regional adviser shall be calculated, on the basis of that date. ' Article 2.-Introduces the following amendments in law Nº 19,884, on Transparency, Limit and Control of Electoral Expenditure: 1) Amend article 4 ° as follows: (a) In the first paragraph, replace the term " mayor or "for" mayor, regional councillor or councillor ". (b) Enter the following fifth indent, passing the current fifth, sixth and seventh points to be sixth, seventh and eighth, respectively: " The limit of expenditure of the candidates for regional advisers shall not exceed the sum of seven hundred The following two hundred thousand voters, for a hundredth and a half of a unit of promotion the following two hundred thousand, for a hundredth of unit of promotion, shall be promoted, plus the one that results from multiplying by two centresos of unity of promotion the other constituents of the respective provincial constituency. ' 2) Replace in the sub-paragraph First of Article 9 ° the term "mayor or councillor" by "mayor, regional councillor or councillor". 3) The expression "mayors and councilors" by "mayors, regional councilors, or councilors" should be replaced in the first paragraph of Article 14. 4. Substitute in the first paragraph of Article 18 the term "councillor or mayor" by "mayor, regional councillor or councillor". 5) Redeploy, in Article 29, the expression "parliamentary and municipal", which follows: "parliamentarians, regional and municipal councilors". (6) Substitute in the first paragraph of Article 30 the term "mayor or councillor" by "mayor, regional councillor or councillor". 7) The expression "mayors and councilmen" by "mayors, regional councilors, and councilors" should be replaced in the first paragraph of Article 32. Article 3.-The largest tax expense that the application of this law represents, during its first year of validity, will be financed from item 50-01-03-24-03.104 of the Budget Item Public Treasury and, in the following years, from the resources to be consulted in the respective public sector budget laws. TRANSITIONAL PROVISIONS Article 1.-This law shall begin to rule on the day of its publication, provided that at least 120 days for the holding of the next general election of parliamentarians shall be at least 120 days. Otherwise, it shall apply from the first day of the month following that election. Article 2.-For the purposes of the application, in the first election of regional councilors, as indicated in article 14 of Law Nº 19,884, on Transparency, Limit and Control of Electoral Expenditure, will be considered as the last election of the same nature as the one that corresponds to the last election of the councilors. Article 3.-For the purposes of the first election of regional advisers by universal suffrage in direct voting, the time limit for determining the number referred to in Article 29 (5) shall be 120 days before that date. choice. In addition, the time limit for determining the minimum number of sponsors referred to in Article 89 (3) shall be 120 days before the indicated choice. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic and for I have had to approve and sanction it; therefore, promulgate and take effect as Law of the Republic. Santiago, 7 June 2013.-SEBASTIÁN PINERA ECHENIQUE, President of the Republic.-Andres Chadwick Piñera, Minister of the Interior and Public Security.-Felipe Larraín Bascunan, Minister of Finance.-Cristian Larroulet Vignau, Minister Secretary General of the Presidency. What I transcribe to you for your knowledge.-Salute atte. Mr Rodrigo Ubilla Mackenney, Deputy Minister for the Interior. Constitutional Court Draft law establishing direct election of Regional Directors (Bulletin No. 7923-06) The Secretary (S) of the Constitutional Court, who subscribes, certifies that the Chamber of Deputies sent the bill stated in the rubric, approved by the National Congress, in order to have this Court exercise the preventive control of constitutionality with respect to the totality of its articles and that by judgment of May 30, 2013, in the cars Rol Nº 2466-13-CPR, declared: 1. The new Articles 29, with the exception of point 5, 29 bis, 30, 42, 82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93, 94, 95, with the exception of the first part of its fifth indent, 96, 97, 98, 99 and 99a, which the first article of the draft law subject to examination introduces into Law No 19.175, Constitutional Organic Law on Government and Regional administration, are constitutional; 2nd. That the modifications that the second article of the bill submitted to control introduces to the articles 4, 9, 14, 18, 29, 30 and 32 of Law No. 19,884, on Transparency, Limit and Control of the Electoral expenditure is constitutional; 3rd. That the first, second and third transitional articles of the project The provisions contained in the fifth indent of the new article 29 and in the new article 86 that the first article of the bill submitted to the examination introduces into Law No. 19.175, Organic Constitutional on Government and Regional Administration, are constitutional in the connoisseurs mentioned in the nineteenth and twentieth recitals of the present judgment; 5th. That the provision contained in the first part of the fifth indent of the New Article 95 that the first article of the bill submitted to the examination introduces into Law No. 19.175, Constitutional Organic on Government and Regional Administration, which has "The deadline to appear in second instance will be second day, counted from the respective certificate of income." is unconstitutional and, consequently, be removed from your text. Santiago, May 30, 2013.-Rodrigo Pica Flores, Subrogante Secretary.