"(Artículo primero.-Introdúcense las siguientes modificaciones a la ley N° 18.556, Orgánica constitucional sobre sistema de inscripciones electorales y Servicio Electoral: 1) Reemplazanse its preliminary title and titles I, II and III, by the following:" preliminary title article 1.-this law regulates the electoral registration regime and the Organization and functioning of election, as part of the public election system referred to in article 18 of the Constitution of the Republic. ""
Article 2.-the body responsible for the voter registration process is the Electoral service.
TITLE ELECTORAL register paragraph 1 General provisions article 3.-create an Electoral Register Permanent under the direction of the Electoral service, which will contain the list of all Chileans included in paragraphs 1 ° and 3° of article 10 of the Constitution politics, 17 years or older.
Voter registration will also contain the roster of other Chileans and foreigners over the age of 17, which comply with the requirements therefor laid down in articles 13 and 14 of the Constitution politics.
The voter register will contain all potential voters to that referred to in the preceding subparagraphs, even though they found their right to vote suspended, or have lost citizenship for any reason.
Voter registration will serve as a basis to form the electoral rolls which should be used in each referendum or election, which exclusively contain voters entitled to vote in it.
Article 4.-the public awareness of voter registration will proceed as arranged in the 1st paragraph of title II.
The Electoral Roll data may not be used for commercial purposes.
Election shall be pursuant to the law Nº 19,628, on protection of private life, except in the cases specified in this law.
Paragraph 2 ° of registration article 5.-Chileans in number 1 of article 10 of the politics of Constitution, over 17 years of age, will be automatically enrolled in the Electoral Register.
Chileans in number 3 of article 10 of the Constitution politics will be registered automatically after obtaining his letter of naturalization in accordance with the law.
Article 6.-included Chileans in numbers 2 ° and 4° of article 10 and designated foreigners in article 14, both from the politics of Constitution, will be enrolled in the Electoral Register since certifying that they meet the requirements of age and nº3 demanded by the third paragraph of article 13 or article 14 of the Constitution politics , as appropriate.
The registration will proceed automatically to the extent that the Electoral service has access to the information proving compliance with the requirement of nº3.
Without limiting the foregoing, the applicant may submit an application for registration before the election in any of its offices, accompanying the background showing its nº3 in the country by the time required, and declaring under oath their electoral domicile in Chile. This application will be referred to the Immigration Department of the Ministry of the Interior and public security or the national headquarters of immigration and police international of the police's investigations of Chile, who, if appropriate, will issue a certificate which shall accredit the fact of having fulfilled the nº3 and shall send it to the Electoral service so that you practice the corresponding registration. In the event that the person has his residence abroad, such a request may be submitted at the respective consulate of Chile.
For the purposes of this Act shall mean Consulate consular offices, including the consular sections of a diplomatic mission, in charge of a designated official of the plant of the foreign service of Ministry of Foreign Affairs to carry out consular functions.
Article 7.-the Electoral service must communicate the fact of your registration in the Electoral Register, among the hundred and eighty and ninety days before the next election or plebiscite, indicating the constituency and the receiving table of votes where it belongs vote, by registered letter addressed to electoral domicile stated in the Electoral Register new voters.
Election should publicly available on a permanent basis, through its web site and a telephone line, a system where each voter can verify by their number of certificate of identity or name, the fact of your registration, constituency and community where registered, your vote and if enabled to vote in the next election.
Paragraph 3° of the electoral data article 8.-the Electoral Register must contain the names and surnames of the registered and indicate for each one the number of unique national role, date and place of birth, nationality, sex, profession, electoral domicile, constituency corresponding to that address with identification of the region, province and commune to belong , the number of the receiving table of votes that called upon you to vote and the fulfillment of the requirement of nº3, if applicable.
Voter registration shall also contain the necessary background to determine if the enrollee has lost citizenship, the right to vote or is it suspended.
Electoral data means those listed in this article and any other required to maintain up-to-date voter registration.
Article 9.-for the sole purpose of obtaining the data referred to in the previous article, the Electoral service will have direct and permanent access to polling data of all persons registered in the Civil Registry and identification service and the registration of foreign comers of the Immigration Department of the Ministry of the Interior and public security. The national headquarters of aliens and international police from the police's investigations of Chile should provide, in the same way, the information of the avecindamiento of Chileans covered by the numbers 2 ° and 4° of article 10 of the Constitution politics.
The Civil Registry and identification service shall provide to the Electoral service any other history which is necessary for the registration of Chileans and foreigners in voter registration and that is in his power, leaving you expressly forbidden qualify persons background or to decide about the fulfillment of the legal requirements for the exercise of the right to vote.
Article 10.-The electoral domicile is that located in Chile, with which the person has a target link, because it is usual or temporarily, exerts his profession or trade or develop their studies on it. For Chileans residing abroad, this link will be considered with respect to the time in which resided in Chile or his place of birth.
The last place of residence declared as such to the Civil Registry and identification service or election shall be taken as electoral domicile.
For the purposes of the automatic registration of the persons concerned in articles 5 ° and 6°, electoral domicile will be the last declared to the Civil Registry and identification service or to the Immigration Department of the Ministry of the Interior and public security, or the accredited for compliance with the requirement of nº3, as appropriate. In the event that this latter domicile is located abroad, electoral domicile will correspond to the last registered in Chile reported to the Civil Registry and identification service and, in the absence of this, the place of birth in Chile.
Article 11.-Any voter eligible to vote must be enrolled on a receiving table of votes that belong to the corresponding electoral home constituency.
If the history of the place of residence or place of birth available for automatic registration of the persons referred to in articles 5 ° and 6° not allow election to identify them with a certain constituency, proceed to register them in the constituency with more voters of the commune whose information you have.
Article 12.-at the time of the registration of a voter or modification of the existing Electoral service assigned to receiving tables of votes registered new voters or those who have changed their electoral domicile, in order of their unique national role and without distinction of sex.
First they will be assigned to the reception tables of existing votes in the constituency that less than three hundred and fifty qualified electors have to vote because registration cancellations caused by change of election address, death or permanent disability to cover, up to the maximum of three hundred and fifty voters figure by table.
If carried out the above remain new voters to allocate, they will be allocated to new host tables of votes that will be created for these purposes, which will have a maximum three hundred and fifty voters.
Each voter may only be assigned to a receiving table of votes and can not be changed it while keep its existing electoral domicile in that electoral district.
Paragraph 4 ° of the election article 13.-the service voter registration updates shall maintain up-to-date voter registration whereas the following circumstances: to) death of a registered person, which must be disposed of in the registry.
(b) loss of citizenship of a person registered in accordance with the provisions of article 17 of the Constitution politics, or their recovery.
(c) suspension of the right to vote of a person registered in accordance with the provisions of article 16 of the Constitution politics, or the cessation of such suspension.
(d) loss of the nationality of a registered person, which must be disposed of in the registry.
(e) revocation of the residence permits of foreigners, who must be removed from the registry.
(f) claims to the Padron Electoral provisional audited accepted in accordance to the law.
Electoral service will retain five years history in which melts the update.
Article 14.-For the sole purpose of the provisions of the preceding article, the Electoral service will have direct and permanent access to polling data having the Civil Registry and identification service for people whose deaths have been recorded in the immediately preceding month; persons who have been sentenced to disturbing penalty and that recover their citizenship; and people who have lost the nationality.
Article 15.-The Constitutional Court shall inform the Electoral service sanctions which has applied in accordance with the provisions of paragraph 15 of article 19 of the policy of the Constitution, as also meeting the deadline referred to in that provision, within the five days following the date that the decision is firm and enforceable.
Article 16.-Within the first five days of each month, the Department of immigration of the Ministry of the Interior shall inform election reversals of the residence permits of foreigners, ejecutoriadas within the previous month.
Article 17.-Within the first five days of each month, the courts of guarantee must notify the Electoral service persons who, in the past month, have been accused by crime that deserves punishment for crime that the law qualifies as terrorist conduct or disturbing.
On the same occasion, the courts of guarantee and the oral criminal courts, as appropriate, shall be notified to the Electoral service persons who have been sentenced for crimes that deserve punishment disturbing, although it has not imposed such a penalty, or for crimes that the law qualifies as terrorist conduct, or who are acquitted or dismissed for such crimes.
Article 18.-Within the first five days of each month judges of letters informs the Electoral service the names of persons who have been declared in ban because of dementia by enforceable judgement, in the previous month, indicating the necessary background for full identification.
At the same time, judges of letters shall notify on the revocation of such declarations.
Article 19.-within the first five days of each month, the Senate shall communicate to the Electoral service persons which is has restored his citizenship in the previous month, in accordance with the final subparagraph of article 17 of the Constitution politics.
Article 20.-Within five days of each month the Ministry of Justice shall communicate to the Electoral service people who have terminated their criminal liability in the previous month, in accordance with the number 4 ° of article 93 of the criminal code.
Article 21.-Organs, services and courts referred to in this paragraph, as well as any other distribution that should provide data for the formation and updating of voter registration, must provide all the background information requiring election for this sole purpose, in any case, may exclude information, described the background of the people and speak out about the fulfillment of the legal requirements for the exercise of the right to vote.
Article 22.-Among the hundred and eighty and ninety days prior to an election or plebiscite, the Electoral service shall inform voters that their right to vote has been suspended or which have been disabled to vote in the next election, with an indication of the cause that gave rise to such suspension or inability, by certified letter to electoral domicile stated in the Electoral Register.
Paragraph 5 ° of amendments to article 23.-the service election polling data will modify the data of persons registered in the Electoral Register, whereas the following circumstances: to) electoral address change requests and address electoral updates made to renew the registered his identity card.
(b) corrections of registration of birth of citizens, with an indication of the original data which were the subject of the correction.
(c) any other changes in the data referred to in article 8 of this law.
Article 24.-on the occasion of obtaining or renewal of identity card or passport, the Civil Registry and identification service shall inform the person their electoral domicile registered, giving you the possibility of updating it, declaring under oath a new one in that Act, if so you wish.
Article 25.-without prejudice to the provisions of the preceding article, the change of address may also be directly before the election, by means of a written request signed by the applicant on forms specially designed for this organism, where declared under oath their new electoral domicile. Such requests must be submitted in the offices that the Electoral service available in the country. Chilean citizens resident abroad can apply through the relevant consulate.
The Electoral service shall notify the voter, by registered letter addressed to the new electoral domicile, which has proceeded to the change of your address in the registry, indicating the constituency and table of suffrage where shall vote.
The Electoral service may have other forms to request the change of election address, either remote or by electronic means, provided that they guarantee reliability in the identity of the voter and the security of your data.
Article 26.-The Electoral service may agree with other public agencies receiving electoral address change requests.
Article 27.-For all legal purposes shall be regarded as the last election address declared by the voter before the Civil Registry and identification service or the Electoral service.
Paragraph 6 ° of the suspension of registrations, updates and modifications article 28.-in order to prepare the electoral rolls to be used in every election or plebiscite, inscriptions on the Electoral Register arising from requests for accreditation of nº3 in accordance with article 6, updates of the circumstances contained in the letters to) to the e) item 13 and amendments referred to in article 23 shall be suspended to the cent twenty days prior to each election or plebiscite, resuming from the first day of the following month of the election or plebiscite.
Article 29.-The case of communal plebiscites, the suspension referred to in the preceding article shall apply only with respect to electors who apply in the commune or grouping of communes which will host.
Title II of PADRÓN ELECTORAL and of your audit paragraph 1 ° of the voter registration list election article 30.-the service must prepare a voter registration list, which will contain the list of voters enrolled in the Electoral Register which meet the requirements for exercising the right to vote according to history known by it.
Each elector may appear only once in it.
Article 31.-The Electoral service will determine a voter registry on a temporary basis, one hundred ten days before an election or plebiscite. This will contain a list of persons registered in the voter registration, in accordance with the background known for election before the hundred and twenty days prior to the Election Act, eligible from the date of the election or plebiscite corresponding to exercise the right to vote.
The Electoral Roll on a temporary basis will be subject to audit in accordance with paragraph 2 of this title.
This list will be sorted in alphabetic form and shall contain the names and surnames of the elector, his number of unique national role, sex, electoral domicile with an indication of the electoral district, commune, province and region to which they belong and the number of receiving table of suffrage in which called upon you to vote.
Along with this pattern, and within the same period, election shall draw up a provisional list of disqualified, which will include the registered persons who are disabled to vote in the corresponding election or plebiscite, with indication of the cause that gave rise to this condition.
The voter registry and the provisional list of disqualified are public only in what refers to the data referred to in the third subparagraph. Political parties will be able to access and copy them on magnetic media or digital, non-encrypted and actionable by general application software, must pay only the direct costs of reproduction. The same shall apply for independent candidates, with respect to the constituencies where they participate.
Only disabled people can learn, in addition, the respective causal which disables them.
Article 32.-The Electoral service will determine a voter registry on a basis of audited, seventy days before an election or plebiscite. This corresponds to the Electoral Register as temporary, after being audited by the audit companies refers to that title II of this Act and which has been modified only as a result of the corrections suggested by the companies of audit reports, if any, and which, in accordance with in article 43 of this law they are accepted by the Electoral service.
The Electoral Roll on a basis of auditee may be subject of complaint in accordance with the provisions of the present law.
Along with this pattern, and within the same period, election will produce an audited list of disqualified, modifying the former based on the corrections suggested by the audit companies that accepted, if any.
The Electoral Roll on a basis of audited and the audited payroll of disqualified shall be published by the Electoral service on your web site with 70 days prior to the date that an election or plebiscite must be verified.
The provisions contained in third, fifth and sixth paragraphs of the preceding article shall apply to above the register and payroll.
Article 33.-The Electoral service will determine a voter registry with definitive character, thirty days prior to an election or plebiscite. This will correspond to the voter registry on a basis of audited, that it has been modified only as a result of complaints received, if any, in accordance with the provisions of the next title.
Along with this pattern, and within the same period, Electoral service will prepare a definitive list of disqualified, modifying the previous according to received complaints.
The Electoral service will publish on its web site, with at least thirty days prior to the date in which an election or plebiscite, should check the Electoral Roll with definitive character, containing the list of electors entitled to vote in the respective election or plebiscite and the final payroll of disabled voters.
The provisions contained in third, fifth and sixth subparagraphs of article 31 shall apply to above the register and payroll.
Article 34.-The Electoral service shall be published on its website the changes made to the Electoral Roll and the list of disqualified arising out of claims accepted in accordance with this law, or the corrections suggested by the audit companies that have been accepted by the service.
Article 35.-for the run-off of the presidential election which under the second paragraph of article 26 of the Constitution politics will be used the same Electoral Roll of the first ballot.
When the presidential election, by virtue of any of the circumstances referred to in the fourth subparagraphs of article 26 or second of article 28 of the Constitution politics must be repeated, the same Electoral Roll of the first ballot of the election which could not perfect, either due to death of a candidate for the second vote by absolute impediment of the President-elect to take office will be used.
Article 36.-The Electoral service, on the same occasion that should determine the Electoral Roll with definitive character, must make the table registers that will be used in the respective election or plebiscite.
To each recipient table of votes a table pattern shall be responsible.
Each register table will contain a list, sorted alphabetically, enabled people to vote in the respective recipient table of votes.
The table registers contain the names and last names of each voter and the number of unique national role.
Each voter may only appear in a standard table and once in it.
Article 37.-twenty days before the election or plebiscite, Electoral service free of charge shall make available the parties participating in the election or plebiscite, a printed listing of each register of table, containing the names, surnames and number of unique national role of voters. Same information shall be given to independent candidates for the constituencies where they participate.
Paragraph 2 ° of the audits article 38.-the registration Electoral, the Electoral Roll on a temporary basis and the provisional list of disqualified shall be subject to a process of audit in order to review and determine if it contains the background provided by the law. It will also be revised procedures, information systems, control mechanisms and computer programs used in their production.
Article 39.-Audits will be performed by two independent external audit, equivalent levels of companies, registered carrying to the effect by the Superintendency of securities and insurance, which must comply with the requirements of capacity, size, reliability and guarantee that, by means of a general rule, will determine the Electoral Service Council.
The budget of the Electoral service must contemplate the funds necessary to finance the processes of audit.
Article 40.-The selection of audit firms will take place through a public tender, which shall convene the Electoral service, according to the bases that will prepare its advice.
The Board of the Electoral service will select two companies among the four that complying with the bases of the invitation to tender, carried out the best deals for their services. If you have less than four, the selection shall be limited to all them.
The two auditing companies will be selected unanimously by the Electoral service advisors. In the absence of unanimity, the selection is in a single vote, having each Director right to vote only for one of the candidates. Companies that question the two highest majorities will be selected.
Companies will be selected for a period of eight years. Within that period its services may be revoked only by resolution of the election qualifier Tribunal, a founded request of unanimity in the Council of the Electoral service, or by agreement of the Senate.
Article 41.-Audit companies must annually review and issue a report containing its opinion about the procedures, information systems, control mechanisms and computer programs of the Electoral service, intended for the registration of voters on the Electoral Register and to the preparation of the Electoral Roll and the list of disqualified. This report should point out the ability of them to perform the functions for which they are required, their mistakes, if any, and the risk factors that may affect proper operation. The report shall also contain suggestions on the solution of the problems detected.
Over the years that general election, the report shall be issued two hundred ten days before the election.
Article 42.-Determined the voter registry on a temporary basis and the provisional list of disqualified in accordance with article 31 of this law, the audit companies will proceed to their review, which shall deliver an opinion regarding whether they comply with the provisions of the law. Completed the review shall draw up a report which shall be issued and eighty days before the election or plebiscite and to contain, at least, a detail of the errors found with indication of a suggestion regarding how can be corrected, and the other comments or observations that auditors consider coming.
Article 43.-The Board of the Electoral service will analyze audit reports and perform corrections that it deems appropriate. The foregoing shall be recorded in a report which will be published on the website of the Agency.
Complied with the above, the Council service will determine the Electoral Roll on a basis of audited and the audited payroll of disqualified, in accordance with article 32.
Article 44.-All companies of audit reports shall be public, except regarding the causes of disability. The report must be delivered to the Council of the Electoral service, to the Senate, to the Chamber of Deputies, to the political parties, the regional electoral courts and the qualifier Tribunal of elections, on the same occasion.
Article 45.-Audit firms should be its functions independently between them. Therefore may not share their backgrounds, consult each other, take agreements, coordinate or perform works jointly, or outsource part of the functions entrusted with the same third party.
Article 46.-The Electoral service must make available the audit companies all your records, physical and computational and other background which, in the opinion of them, may be required to make their reports. The Civil Registry and identification service and the other bodies mentioned in articles 15 to 20 shall be available for audit firms the same information they have delivered to the Electoral service, when there is disagreement between the voter registry and electoral data.
Auditing companies shall maintain reservation or secret, as appropriate, of the information, data and background provided by virtue of this article, being public only the results of their audit.
Title III of the claims article 47.-the person that it considers that it was unjustifiably omitted from the Electoral Register with character of audited, published in accordance with article 32, you can claim this fact, in writing or verbally, within ten days of the publication, before the Regional Electoral Court of electoral domiciled, that know the topic.
At the same time, political parties, an independent candidate and any other person, may submit claims before the Tribunal with respect to unjustifiably omitted electors of the Electoral Roll or appearing with erroneous data.
The Court will resolve with the background that the applicant provides, prior report of the Electoral service, which must be issued within a period of four days of required. The Court must fail, with or without a report, within a period of ten days from the date of the presentation of the claim.
The Court will order the incorporation of the claimant or electors affected to the voter registration list in cases in which any rise to the claim.
Regional electoral courts rulings will be appealed by the applicant or by the service election within the time limit of three days, counted from the date of its incorporation in the State newspaper of the respective Tribunal, the election qualifier Tribunal, which must fail within five days of the appeal.
Rendered the judgment, the Court, ex officio or upon request of a party, shall communicate immediately to the Electoral service, which shall comply with it without any further formality.
Article 48.-within the ten days following the publication of the Electoral Roll on a basis of audited, designated in article 32, any natural person, political party or independent candidate may request the exclusion of who appears on the Electoral Roll in contravention to the law to the Regional Electoral Court corresponding to the contested electoral domicile.
Shall not request exclusion from the voter registry for a candidate whose acceptance of candidacy is enforceable.
The Court will be mentioned within five days to the claimant and the person or persons whose exclusion is requested, which shall not be required to attend, and can go with all their means of proof. To this effect, the claimant must notify personally or by order the person or persons claimed at the address stated in the register. If the person sought or any of them had changed address, you will be notified by means of a notice to be published, at the expense of the appellant, in a newspaper with the largest circulation in the locality to appropriate this home.
If the claim afectare a considerable number of people, or if the number of claims is very high, can the court order to make citation by means of a notice to be published at the expense of the claimant, in a newspaper with the largest circulation in the locality concerned. In addition, designated diverse audiences to hear them, which must be held within the period of ten days, counted from the date of entry of the corresponding claim.
The hearing will take place with parties which are. If none of them appearance, the Court will resolve with the merit of the background that arise.
Incidents in the handling of these claims will not be accepted.
The courts will resolve with the background that the person concerned or the affected would provide, report of the Electoral service, which must be evacuated to more no later than the fourth day if requested.
The resolution shall be issued within five days of the hearing and shall be notified to the parties by the State newspaper.
The rulings of the regional electoral courts, will be appealed by the applicant, the affected and the Electoral service, within the period of three days, counted from the date of incorporation in the State newspaper of the Tribunal, the qualifier Tribunal of elections, which must resolve the appeal within a period of five days.
Rendered the judgment ordering the exclusion shall be notified to the Electoral service so that you make the corresponding cancellation.
Article 49.-Companies of audit reports will have to court the value of a report by experts.
Title IV of the constituencies electoral article 50.-the constituencies election are the basic electoral territorial unit, made up of all or part of the communal territory. Tables recipients of votes that must run within the jurisdictional territory of the constituency shall be determined in each electoral district.
The Electoral service, founded resolution, can create constituencies when making it advisable to circumstances such as the number of population, the difficulties of communication with the communal headquarters, over distances or the existence of various towns of importance.
The resolution will determine the jurisdictional territory of new constituencies and will be published within fifth day in the official journal and, in addition, in a newspaper of the respective locality and, if there not any, in the corresponding regional or provincial capital. Without limiting the foregoing, notices may disseminate by other means of social communication, when the circumstances so require.
The Electoral service, founded resolution, may cancel a constituency when circumstances, such as the amount of population or difficulties do advisable to cover. In this case, you must map to the nearest district incorporating them into a receiving table of votes in accordance with article 12 and voters by making the communication referred to in article 7 °, paragraph first, of this law.
Title V of the sanctions paragraph 1° of the judicial proceedings for misdemeanours and crimes referred to in this law article 51.-the crimes or electoral misconduct shall be governed by the provisions of this law and, Additionally, by the criminal code.
Any person able to appear at trial, domiciled in the region where the facts have occurred may deduct complaint for the investigation of crimes punished under this law.
Article 52.-Shall be the particular pardon for those convicted under this law.
2nd paragraph of sanctions article 53.-Sufrira the penalty of imprisonment less in its minimum degree and a fine of one to three monthly tax units: 1.-which, at the time of request change of address electoral or the accreditation of the nº3, suplantare someone else.
2. that proporcionare false information when applying for change of electoral domicile or the accreditation of the nº3.
3. He who conceals, sustrajere or man defile a change of address request or a request for accreditation nº3 or history associated with it.
4.-which use the voter registration or voter registry data for commercial purposes.
Article 54.-Will suffer the penalty of imprisonment less in its middle-grade, fine of ten to fifty monthly tax units, and the disqualification absolute and perpetual for the performance of public offices and positions: 1. which maliciously alter the information contained in the voter registration, the Electoral Register on the rolls of recipients tables of suffrage, in disqualified payroll and in the background of the Civil Registry and identification service and any other history that can be used for voter registration and updates.
2. which maliciously modify the electoral residence reported by voters to receive these requests, or when report you to obtain or renew their identity card.
3.-who incite or organize voters to provide false information when applying for change of address electoral.
4. which market data from the voter registration or voter registry.
Article 55.-If the offences referred to in the preceding article are committed by a public official, assigned to such offences penalties increased by a degree, fine of ten to fifty monthly tax units and absolute and perpetual banishment for the performance of offices and public offices shall apply.
Article 56.-extraviare documents, requests for change of address electoral, nº3 accreditation requests that negligence or destroy computer information containing a history of voter registration or voter registry and the rolls of recipients tables of votes, will suffer imprisonment at its maximum extent.
If the disappearance of these effects without fraud, the authors of the fact will suffer the penalty of imprisonment less in its minimum degree, fine of one to three monthly tax units and disabling absolute and perpetual for exercising positions and public offices. "."
(2) replaced the numbering of title IV with the title VI, and the articles 87, 88 and 89 57, 58 and 59. In addition, replace the text of article 90, which has become article 60, by the following: "(Artículo 60.-Corresponderá ael Servicio Electoral ejercer las siguientes funciones: a) oversee and supervise the electoral boards laid down in Act No. 18.700 and ensure compliance with the electoral rules, and must report to the authority that corresponds to those who infringe them" , without prejudice to the public or popular action that was coming.
(b) build, maintain and update voter registration.
(c) determine the Electoral Roll and the list of disqualified in the terms laid down in this law.
(d) order and resolve directly on the design and printing of forms and other documents used in the training and updating of the voter registration process.
(e) resolve with respect to requests for change of electoral domicile and accreditation of nº3 presented him.
(f) request the collaboration and background that may be necessary, of the various organs of the State, for the consideration of the situations falling within its competence.
(g) arrange the purchase of programs and computer equipment to be used in the performance of its functions, and systems maintenance, protection and update of these.
(h) other functions that this or other laws establish. "."
(3) add to paragraph 1 ° of title IV, which happened to be VI, the following article 61: "article 61.-organs of the Electoral service address shall be the Board of Directors and its Director." The Council shall be the senior management of the service and the administrative direction Director. "."
4) replacements paragraphs 2 ° and 3 ° of title IV, which happened to be VI, by the following paragraphs 2 °, 3° and 4°: "paragraph 2 ° of the Board of Directors of the Electoral service article 62.-the Board of Directors will be composed by five directors appointed by the President of the Republic, prior agreement of the Senate adopted by the three-fifths of its members." The President formulate their proposal in one Act and the Senate shall take a decision on the whole of the proposal.
Counselors will last eight years in office and may be appointed for another term, only once, in the manner provided in the preceding paragraph. They remade by installments every four years.
Counselors will choose from among them a President by majority vote. In the event of absence or temporary impediment, the President will be subrogated by the Minister that in the event you choose. If not majority, in both cases, will arrive will be by lot.
The President of the Council will last four years in office and can be re-elected only once. The President shall exercise charge duration of the absence or impediment of one.
In case that a counselor cesare in office for any reason, be appointed a new Director in accordance with subsection first, within thirty days following the date in which took place the fact or circumstance giving rise to the termination. The new Chief will play his position until the period of the replaced Director.
If that cesare is the President of the Council, shall be the election of his replacement once his Advisor position has been provided. The new President will play office until completion of the ceased period.
Article 63.-to be appointed Director of the service will be necessary, in addition to complying with the General requirements to hold public office, possess professional title of a career, at least eight semester, awarded by a university or professional status or recognized by this or those validated in Chile in accordance with existing legislation, accredited professional experience at least five years in the public or private sector, and have not played a posts of representation popular, Minister of State, Undersecretary, Mayor, Governor or member of the Central Board of a political party in the five years prior to their appointment.
Nor may be advisors who are in any of the cases referred to in article 86 of the decree with force of law N ° 29, 2005 of the Ministry of finance, which fixed the text revised, coordinated and systematized law No. 18.834, administrative status, with the sole exception of performance in teaching positions of up to half a day.
Counselors may not be affiliated to political parties while exercising his office.
The function of Adviser is not delegable and is exercised collectively, in legally constituted room.
Article 64.-The directors shall have the right to be informed fully and documented and at any time, by the Director or whoever does their times, particularly related to the operation of the service. In addition, they are entitled to review the voter registration and the electoral rolls, with the single limitation does not affect the operation of the service.
Counselors will receive an equivalent to thirty units of building diet for each session you attend, with a maximum of one hundred twenty units of building per calendar month.
The President of the Council or who subrogated you, shall receive equal diet, increased by 50%.
Article 65-are causal injunctions for the position of Councillor, the following: a) expiry of the period for which it was named. Notwithstanding this, this will be extended until the appointment of his replacement.
b) have 75 years of age.
(c) resignation, accepted by the President of the Republic.
(d) physical or psychic disability for the position.
(e) any causal impending inability to. Counselor who acquires a quality that disable it to perform cargo shall cease automatically on it.
(f) serious failure to comply with the obligations as Advisor. Serious misconduct will be missing unjustified three consecutive sessions or six sessions of the Council, ordinary or extraordinary, during a semester calendar.
The existence of the grounds set out in the letters d) and e), if there is discussion on the sobreveniencia of the inability, and f) above, will be declared by the election qualifier Tribunal, at the request of the Council or the Minister of the Interior and public security in the case of the letter f), or any person in the case of the letter e). The request must be written, accompanying all the elements of proof evidencing the existence of the causal. It will be transfer to the affected by the fatal ten days term to expose what it deems appropriate in his defense.
This expired, with or without the response of the affected, it will decree regarding cars and cause, for its aggregation to the table, view, and failure, will be governed by the rules applicable to the remedy of protection. For the grounds of the letter d), the Court, as measure to better resolve, may enact expert report.
Counselors and the Director will have the character of Minister's faith in the proceedings that the laws entrusted to them.
Apply to directors and the Director stated in N ° 2 ° of article 50 of the organic code of courts.
Article 66.-The Council to be held, at least four of its members. The President of the Council shall chair the sessions.
The Council will operate either ordinary or extraordinary.
Regular sessions are those that determine the Council itself for days and certain hours. They will be all matters that the President included in the respective table, which must be communicated to members at least 24 hours in advance to the date of the session.
For each month Council must operate in ordinary form not less than one and not more than three times.
Extraordinary sessions are those in which the Council is convened especially to hear exclusive materials that motivate the call. These sessions shall be convened by its President, when there is any urgent matter that requires knowledge of the Council, or when so requested, upon written request of two directors. The summons extraordinary session shall be not less than 48 hours in advance and will expressly contain the materials to treat.
The agreements will require the affirmative vote of at least four advisors. If the Council's failure the previous quorum, she must point public disagreement and the grounds of the parties, calling the President a new session to be performed not before four days or after fifteen, provided that this time period do not alter the fulfillment of a legal term, where disagreement with the vote must be resolved as of at least three of its members.
In any case, be required always vote as, at least, four counselors to take the agreements outlined in the letter h) article 67.
The service may not hold acts or contracts in which one or more directors have interest or as representatives of another person. It is presumed that there is interest directly with a counselor in any negotiation, Act, contract or operation that must intervene himself, his spouse or relatives to the second degree of consanguinity or affinity, or societies or companies which either director or owner, direct or through other natural or legal persons, 10% or more of their capital.
All deliberation and agreement of the Council must be recorded in a book of proceedings. The minutes must be signed by all the directors that have attended the session.
Article 67-Correspondera to the Council: to) appoint members of the electoral commissions according to the Director's proposal.
(b) to ensure compliance with the rules applicable to the service and take the necessary measures to ensure normal operation.
(c) to approve the proposal of the budget of the service carried out by the Director.
(d) supervise the acts of the Director and Deputy Director.
(e) provide general instructions on the implementation of the electoral rules for their implementation by the organizations established in them.
(f) approve the electoral rolls and the list of electors high-risk referred to in this law.
(g) approve the bases to call at the bidding of the audit companies, select them and know their reports.
(h) appoint and remove the Director and Deputy Director of the Electoral service. The designation will be made from a shortlist proposed for the post by the Council of the senior public management, in compliance with Title VI of the law N ° 19.882 standards.
(i) other matters entrusted by the law or that need to pronounce under its functions or powers.
Paragraph 3 ° the Director of the service Electoral article 68.-the Director of the service election shall be the legal representative of the service and the Superior Chief of this. You shall, especially, the following functions: to) comply with and enforce the agreements of the Board of Directors.
(b) plan, organize, direct, and coordinate the operation of the service in accordance with the guidelines defined by the Board of Directors.
(c) issue the necessary internal rules for the proper functioning of the service, prior agreement of the Board of Directors.
(d) appoint the staff of the service and terminate their services, in accordance with the statutory rules.
(e) to enforce the acts and holding the necessary conventions for the fulfilment of the purposes of the service.
(f) delegate powers or specific powers in officials of the service.
(g) representing the Electoral service, both judicial and extrajudicial.
(h) carry the registration of political parties, updated by regions, and exercise other powers and functions that assigned the constitutional organic law of the political parties or other laws.
(i) celebrate with persons, natural or legal, public or private, special agreements for the execution of studies, research and programs, which relate to better compliance or the dissemination of the purposes of the service.
(j) call for proposals public and private, accept them or reject them.
(k) to enact the necessary general and specific resolutions for the exercise of its powers.
(l) contract personnel in transient form, contract or fees, to sum raised or assimilated to degrees, when by needs of the service so require.
(m) exercise such other functions which are delegated to him by the Board of Directors.
(n) exercise other functions that assigned this or other laws.
Article 69.-The Director and Deputy Director shall be entitled to attend meetings of Council, with the right to speak.
Article 70.-apply to the Director and Deputy Director disabilities, prohibitions and incompatibilities applicable to directors.
Paragraph 4 ° of the Electoral service article 71.-the personnel officials and other persons who provide services in the Electoral service will be required to maintain reserve about the background, information or documents that meet in the fulfilment of their tasks, without prejudice publications that need to be made and information that can provide this service in accordance with the law.
The staff of, or persons who in any capacity, play some role in it, may military in political parties or participate in or join meetings, demonstrations, assemblies, publications or any other Act that magazine a character during political event or support candidates for posts of popular representation. Nor can participate in a similar way on the occasion of the plebiscitarios acts.
Any violation of this article shall be punished with the penalties contained in the articles 246, 247 and 247 bis of the Penal Code and the disciplinary sanctions that can be applied administratively by the same lack. In addition, the responsible officer and the State standards referred to in law No. 19.880, establishing bases of administrative governing the acts of organs of the Government, the decree with force of law N ° 29, 2005 of the Ministry of finance, which fixed the text revised, coordinated and systematized procedures of law No. 18.834 shall apply Administrative status, and in law N ° 18.575, on General Bases of the administration of the State. "."
(5) replaced the numbering of the title V of title VII, and the text of article 99, which happened to be 72, by the following: ' article 72.-political parties, independent candidates and other entities or individuals who, according to the law, have access to the information contained in the voter registration, voter registration list and disqualified Payroll " , must act responsibly in its handling, and must answer civil and criminal sanctions, as appropriate, and in accordance with established law. "."
(6) add the following article 73: "article 73.-all the deadlines referred to in this law shall be of calendar days.".
(7) replaced the numbering of articles 100 and 101, 74 and 75, respectively.