Modifies The Law Nâ ° 19.884, On Transparency, Limit And Control Election Spending

Original Language Title: MODIFICA LA LEY N° 19.884, SOBRE TRANSPARENCIA, LIMITE Y CONTROL DEL GASTO ELECTORAL

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"(Artículo 1º.-Introdúcense en la ley Nº 19.884, sobre Transparencia, Límite y Control deel Gasto Electoral, las siguientes modificaciones: 1.-Modifíca_se el artículo 2º de la siguiente forma: a) insert in the letter f), between the expressions"interests"and" credits", preceded by a comma (,), the following new sentence:" the tax stamp and stamps, notary expenses and "" ", in general, all those expenses incurred as a result of obtaining".
((b) in subsection Agreganse second following lyrics, then the letter g): "h) minor and frequent campaign spending, such as the power of people, vehicles or offices or other similar maintenance." These may be rendered, without detailed justification, up to 10% of the total limit allowed to the candidate or political party. However, is the responsibility of the electoral administrator maintain the supporting documentation or justify it properly in accordance to article 31 b) of this Act.
(i) expenses for campaign work, provided by individuals on a voluntary basis, properly valued according to objective criteria. "."
2. replace the third subparagraph of article 3rd by the following: "the candidates may not make electoral expenses of propaganda addressed directly or indirectly to promote the vote, before the time limit established by this law and especially 30 days prior to expiration. If so, verified by the Electoral service after investigating reports, such costs should be computed within the amount established as the limit in article 4 of this law. "."
3. incorporate article 6 the following third subparagraph: "Similar procedure provided for in the preceding subparagraphs shall be verified for the denunciation of any other violation this law.".
4 replace subsection first item 9th by the following: "any person may give a candidate himself, and in a same election, a sum exceeding the equivalent in pesos of thousand unidades de fomento in the case of candidates for mayor or Councillor; thousand two hundred and fifty units for the promotion of candidates for Deputy or Senator and two thousand units of promotion in the case of presidential candidates. However, in the case of the situation provided for in article 26, paragraph two, of the Constitution policy, this will be understood as another choice, and can provide up to seven hundred units of building in the same. In any case, the total of contributions that one person can make different candidates or one political party in a same election shall not exceed, the equivalent in pesos, of ten thousand units of building. "."
5 disposed of in article 13 the following phrase: "shall be excluded from the rules of this paragraph nominations to President of the Republic.".
6 Add the following article 13 bis: "article 13 bis.-trying to nominations to the President of the Republic, the Treasury will fund, under the terms of article 15, expenses of election campaign incurred by candidates and political parties presenting candidates.
The refund will reach an amount that shall not exceed the equivalent in pesos, three hundredths of a unit of promotion by vote obtained by the respective candidate.
In the case of article 26, second paragraph, of the Constitution politics, said refund provisions will be of one hundredth of a unit of promotion by vote obtained by the respective candidate. "."
7 Add in subsection first article 14-the expression ", mayors" after the word "members".
8 replace bis article 14 with the following: 'article 14 bis-endorsements shall be governed under the General rules applicable to them.
Candidates may transfer their right to refund their parties when they have taken payment to suppliers for goods and services provided in the election campaign.
The candidates and the political parties who contracted credits with institutions of the financial system, registered with the Superintendency of banks and financial institutions, may be granted to a mandate by which election shall authorize the payment of appropriations with the refund determined, hugging the effect to instructions issued by the Director of the Electoral service. To do this, the election administrator or the respective Electoral General Manager, must prove obtaining the credit and the effectiveness of the use of this in the election campaign.
Provisions of the two preceding subparagraphs shall be communicated to the Electoral service for your preferred payment, in accordance with the procedure in the following article. "."
9 Article 15 replaced by the following: ' article 15-completed the electoral process, and rendered the accounts referred to in title III of this law, the Treasury will reimburse the candidates, parties, election expenses that have been incurred during the campaign and independent candidates who are not included in a pact or subpacto " , in accordance with the rules outlined below.
Within twenty days of the decision of the Director of the Electoral service which has approved the account of income and expenditure that present the election administrator or the candidate, in his case, election shall authorize the return of expenses that have incurred the candidates for a sum not exceeding the equivalent in pesos to three hundredths of building Unit, multiplied by the number of votes obtained by them in the respective choice. This refund be made directly to candidates or political parties, through reimbursement of the expenses which not have been funded by other types of contributions, once passed the account, which must be accredited by the presentation of invoices or unpaid tickets.
If the total costs provided by the election administrator or the candidate in his case, is less than the amount resulting from the application of the rule indicated in the foregoing paragraph, refund of expenses will be adjusted to those actually made.
On the other hand, if total expenditures provided is higher than the sum that it corresponds by way of reimbursement, either that they finance total or partially the spending, election shall authorize the refund up to the amount resulting from the application of the rule stated in the second paragraph of this article.
Prior to the refund referred to in the first subparagraph, the Electoral service will determine if the sum received by the political parties, in accordance with article 14, exceeded the amount resulting from multiplying the number of votes obtained by them in the respective election by fifteen thousandths of building unit.
If the sum referred to in the preceding paragraph has been less than that ultimately corresponds him, the party entitled to to pay him the difference arising in its favour, to those referred to fifteen thousandths of building Unit for every vote actually retrieved.
It will be an essential condition for submitting the authorization of payment by the Electoral service to the General Treasury of the Republic, that the account is approved and that the results of the election are qualified. "."
10 be added in article 15 bis the following final sentence, replacing the final dot (.), with a comma (,): "and provided that the respective general account of the party is approved.".
11 replace article 18 with the following: "article 18.-any contribution that exceeds the amount indicated in the previous article and that represents less than ten percent of the total of expenses authorized by law to a candidate or political party, will have the reserved character, provided it does not exceed 600 units of development for a candidate for Councillor or mayor;" eight hundred units of development for a candidate for Deputy or Senator; and thousand units of promotion for a presidential candidate or three thousand units of building for a political party or its candidates in the respective election Assembly.
However, any contributor shall have the right to ask for appropriation of his identity and the amount of their contribution. "."
12.-Introducense the following amendments to article 19: to) eliminated his final part, from the phrase "A random fraction of this sum" in the second paragraph of article 19.
(b) add the following final paragraph: "bank accounts will be transferred to which reserved contributions, must correspond to the candidate that has the character of holder of the same.".
13 replace first subparagraph of article 21 with the following: "Will have the character of public monthly contributions received political parties outside the period referred to in article 3 °, when these are of an amount equal to or greater than one hundred units of promotion by each contributor.".
14 Add the following final paragraph to article 25:
"For the purposes of the control of these prohibitions, legal persons must be registered in the register of contractors provided in article 16 of law No. 19.886, Bases on administrative contracts for supply and delivery of services. At the request of the Electoral service, these legal persons and public services must be provided to service all the background that required to estimate the percentage of annual or bi-annual billing that this law makes it. If such percentages shall be overcome, election shall communicate this situation to the organs of the administration of the State, which may use the information system referred to in the aforementioned law, so that they fulfil the mandate provided at the end of the third paragraph of the aforementioned article. "."
(15 added the following letter e) article 31: "e) inform election or Electoral General Manager, in his case, the fact of not having enough by the candidate background, to present the accountability of electoral expenditure and revenue. Such information must be delivered in the same period laid down for the presentation of accounts or their remission, as appropriate. "."
16 replace article 32 with the following: ' article 32.-any militant of the respective political party in the elections of President of the Republic, senators, deputies and mayors and Councillors, will occupy the post of General Electoral administrator. "
This appointment must be made with the Director of the Electoral service, in the form and opportunity referred to in the third subparagraph of article 30. "."
17.-Introducense the following modifications in article 37: to) first replace the final sentence of the paragraph with the following: "replacements only may occur until the third day after the election.".
(b) replace the second paragraph by the following: "If the candidate does not formalizare the replacement within the fifth day from the date on which he had knowledge of his death or resignation, or since it removed him from the post, the functions of administrator shall devolve on the candidate himself.
Designated replacement or removal, may be communicated to the Electoral service via the Internet, according to the system promptly informing the service. "."
18. Add the following second paragraph in article 38: "all candidate, through its Electoral administrator, will be required to submit a general account of the income and expenses of election campaign, even though it has not had income or expenses, incurred by giving this.".
19.-Add the following fifth subparagraph in article 41: "the presentation of accounts referred to in the preceding subparagraphs, may be in electronic form, via the internet, for which election promptly establish the system to apply.".
20 Add first the following final sentence in the paragraph of article 42: "Case of the electoral acts regulated by law No. 18.695, organic constitutional municipalities, the term of the account analysis will be sixty days.".
21 replaced subsection first article 48 by the following: "the accounts of revenues and expenses election filed with the Director of the Electoral service will be public and anyone may obtain, at his expense, copies of them. The Director of the Electoral service shall be published on the Internet accounts of nominations to the President, Senator and Congressman and political parties within the period specified in the article 6. To the Electoral service appropriate to review them, you must update the information disseminated on the Internet indicating if such accounts are accepted, rejected, or observed. "."
(22 eliminated the letter c) article 49.
23 added in article 52, after the expression "days", the phrase ", being understood that such those falling between Monday and Friday. ''.