Modifies The Law Nâ ° 19.884, On Transparency, Limit And Control Of Electoral Expenditure, Establishing Penalties And The Procedure For Its Application

Original Language Title: MODIFICA LA LEY Nº 19.884, SOBRE TRANSPARENCIA, LIMITE Y CONTROL DEL GASTO ELECTORAL, ESTABLECIENDO SANCIONES Y EL PROCEDIMIENTO PARA SU APLICACION

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Sole article.-Introducense following amendments to Act No. 19.884, transparency, limit and control of electoral expenditure: 1.-Insert, then of article 5, the following article 5 bis: "article 5 bis-the candidate or political party exceeding the limit of election expenses, calculated in accordance with the provisions of the preceding articles, shall be punished by fines to be (, according to the following scale: to) twice the excess in the part which does not exceed 30%;
b) triple excess in the part that exceeds 30% and less than 50%), and (c) the quintuple of excess that has been incurred, in the part that exceeds 50%.
Such fine shall be expressed in u.f.. The fine will be applied by the Director of the Electoral service. "."

2 replace subsection first of article 19 with the following: "article 19.-the contributions referred to in the previous article will be made directly into a single account that should be kept to the effect the Electoral service." The donor will receive the Electoral service, once the funds have been accredited in the aforementioned current account, a certificate, which at the request of the donor must be electronic, donation only the total amount donated will accredit. The service shall establish an electronic system whereby the donor can allocate its contribution to one or more candidates or parties, within the limits laid down in this law and up to the amount of your donation. For their contribution, the donor who is a natural person and who is unable to attend the service, to be carried out by special mandate authorized notary. The destination of the contributions made by legal persons only may be made by special mandate. Electronic system that establishes the service, in addition, ensure both the reservation of the identity of the donor, as to ensure that this will not get any document identifying his donation to the grantee or any third party. Electoral service must start the electronic transfer, the first working day of each week, to the account designated by the respective Electoral administrator, of the sum of the contributions that have been assigned to them in the previous week. A random fraction of this sum, which may not exceed 30%, will be not transferred immediately and only shall be used on that day, in order to be transferred from the first working day of the following week. "The Director of the service defined mathematical models to determine the random fraction so that transfer electoral administrators of the intended amounts occur as quickly make it compatible with its obligation to secure the reservation of the identity of the donor."

3. in article 21, add, in its sixth paragraph, then of the final point, which happens to be followed, the following sentence: "the breach of the provisions of this subsection, shall be punished with fines to three times the amounts not informed.".

4. in paragraph 5 of part II, joining after the sentence "sanctions" and before article 28, the following article: "article 27 a. without prejudice to the sanctions laid down for each case, the infringements to the rules of paragraphs 1, 3 and 4 of this title, committed both by individuals or entities contributors as by candidates or political parties" (, they shall be punished by a fine to be in accordance with the following scale: to) twice the excess in the part which does not exceed 30%;
b) triple excess in the part that exceeds 30% and less than 50%), and (c) the quintuple of excess that has been incurred, in the part that exceeds 50%.

Such fine shall be expressed in u.f..
The fine will be applied by the Director of the Electoral service.
Infringements of the rules of paragraph 2 ° which candidates or political parties, commit will be penalized with fines to be equivalent to three times the amounts unduly received, without prejudice to the sanctions that apply to them or their representatives for crimes that may have incurred.
Any violation or failure to comply with the provisions of this law that does not have a special penalty, shall be punished by a fine of five to fifty monthly tax units. "."

5. in article 31, add the following final paragraph: "failure to comply with the obligations laid down in this article shall be punished with fines to be from 10 to 30 monthly tax units. Such penalty shall be applied by the Electoral service. "."

6. in article 44, incorporated the following final paragraph: "the rejection of the Bill will be sanctioned with fines to tax, equivalent to double the party's election expenses that have been rejected or who have not been justified. The Director of the Electoral service apply this fine the Electoral General Manager or the election administrator, as the case may be. "."

7 replace article 45 with the following: "article 45.-election resolutions that reject electoral expenditure and revenue account shall be enforceable in accordance with the procedure referred to in article 51, and those resolutions conform to provisions in paragraph 2 of that article, as appropriate.".

8 article 51, replaced by the following: ' article 51.-administrative procedures to place the application of this law are subject to the following rules: 1. may be initiated ex officio, by the Electoral service, or complaint presented to it. " The Electoral service, in both cases, boost ex officio procedure, making expeditious procedures which should comply with the record and removing any obstacles that may affect its prompt and adequate precision.

2. the instruction of nursing procedure will begin with a precise formulation of the charges, the alleged infringer shall be notified by registered letter at home who have registered before the respective Electoral service.
The formulation of charges will mark a description of the facts deemed to constitute infringement and the date of verification, possibly violated standard and the provision establishing the infringement, assigned sanction and period to formulate disclaimers.

3. the complaint that begin a procedure shall be formulated in writing to the Electoral service, indicating place and date of filing and the complete identification of the complainant, who must sign it personally or by his agent or representative enabled. It must also contain a description of the specific facts that are estimated to constitute infringement, specifying the date and place of its Commission, and, if possible, identifying the alleged infringer.
However, the complaint originate a sanctioning procedure only if in the opinion of the Electoral service coated of seriousness and has sufficient merit. Otherwise, actions of control of the alleged infringer is available and if even there is merit to this, be ordered the same file by founded resolution, notifying the person concerned.
Declared admissible, the complaint will be put in knowledge of the alleged infringer.

4. notifications shall be made in writing by registered letter to the address of the alleged infringer registered in the Electoral service.

5. the accused or the defendant shall have a period of ten working days from the notification, to answer the charges or complaint.

6 received the disclaimers or passed the time period granted to do so, election will solve plane when you can found his decision on facts that appear in the process or are of public notoriety. Otherwise, it opens an eight-day trial term. This period will be extended, in the case that corresponds, according to articles 258 and 259 of the code of Civil procedure.
The service will lead to measures or evidentiary proceedings seeking the alleged infringer in their disclaimers, provided that to be more relevant and leading. Otherwise, it will reject them by a motivated resolution.

7. the facts under investigation and the responsibilities of offenders may register by any means test admissible in law, which will be evaluated in consciousness.

8. the resolution putting an end to the punitive procedure will be founded and will resolve all the issues raised in the record, in answer to each of the allegations and defences of the accused, and shall contain a statement of the punishment which is imposed on the offender or his acquittal.
The final decision shall be given within ten days following the day that it has evacuated last Stagecoach ordered in the file.

9. of the resolution putting an end to the procedure may be claim for the qualifier Tribunal of elections, within the period of the fifth day following its notification. Record shall be sent to the Tribunal by the Electoral service, more no later than the third day of filed the claim. The Court will fail according to the procedure established in accordance with the powers referred to in article 12 of law Nº 18.460.

10. against decisions of the Court shall not appeal, without prejudice to the provisions of article 13 of law No. 18.460.

11. the resolution that applies the fine will have executive merit. "."