MODIFY THE CONSTITUTIONAL ORGANIC LAW OF MUNICIPALITIES, WITH THE AIM OF ESTABLISHING A SYSTEM OF SEPARATE ELECTIONS FOR MAYORS AND COUNCILORS [subhead] Having regard to the fact that the National Congress has given its approval to the following bill: " Article -Introduction of the following amendments to Law No. 18,695, Constitutional Organic of Municipalities: 1. In Article 57: (a) In the first sentence of the first subparagraph, following the comma (,), the following sentence: "in a joint vote and a separate cedula from that of the councilors,". (b) Add the following second indent, new: " To be a candidate for mayor, must comply with the requirements laid down in Article 73 of this Law. '............................................................... of notable abandonment of duties or serious contravention to the rules on administrative probity, the The mayor will be suspended in the post as soon as the judgment of the first instance that takes up the order is notified. In such a case, the provisions of Article 62 (3) shall apply. In the event of a final decision, the affected person shall be disqualified from holding any public office for the term of five years. " 3. Replace point (m) of Article 63, by the following: "m) Call and preside, with the right to vote, the council; as well as convene and preside over the communal economic and social council;". 4. Replace the second sentence of Article 86 (3) by the following: "If the tie persists, the vote shall be taken in a new session, which shall be verified no later than the third day." 5. In Article 107: (a) Intercalase in the first sentence of the first indent, between the "a" preposition and the word "aldermen", the words "mayors and"; b) Replace the second sentence of the same paragraph, by the following: " Such statements only They may include up to as many candidates as positions to choose in the respective commune or group of communes. In any case, the same candidate may not apply simultaneously to the posts of mayor and councilmember, either in the same commune or in different communes. "; (c) Intercalase in the first sentence of the third indent, following the verbal expression "I shall run," the phrase "for re-election or"; (d) Eliminate in the first sentence of the third indent, the phrase "and his quality as a councillor", and (e) Add in the fourth indent, after the word "candidacies", the expression "to the mayor and to the councilors". 6. Incorporate the following Article 107a, new: " Article 107a.-The candidates for mayor may be sponsored by a political party, by a party pact, by a pact of parties and independents, and by independents. Nominations for mayor sponsored by independent persons shall be subject to the percentages and formalities laid down in Articles 111 and 112 of this Law. " 7. Replace in the first paragraph of Article 108 the term "municipal authorities" by the word "councilors". 8. Add in Article 109, after the word "candidacies", the first time it appears, the words "to mayor and to councilmen". 9. In Article 110: (a) In the first subparagraph, replace the words "of the candidates" with "the candidate for mayor and the candidates for the councillors". (b) Replace the second paragraph, by the following: " In the case of the independents who are part of a pact, their name shall be expressed, together with their name, to be individualized at the end of the respective covenant, under the name "Independents." The independents who are themselves part of a subpact will be individualized at the end of the respective subpact. "c) Add the following final point:" The declarations of candidates for mayor and councilors of the same list or pact shall be expressly state the position to which the respective candidates apply. " 10. Be inserted in the first paragraph of Article 111, between the "a" preposition and the word "alderman", the words "mayor or". 11. In Article 112: (a) Intercalase in the first indent, between the word "independent" and the verbal form "shall", the expression "a mayor or a councillor". b) incorporate the following final point, new: "However, the independent candidates who run for the incorporation of pacts or subcovenants shall not be applicable to the provisions of the preceding incites." 12. In Article 117: (a) Replace the second indent by the following: " The decisions of the Regional Electoral Courts, within the framework of the jurisdiction conferred upon them by this law, shall be appealed to the Court of Justice. Qualifier of Elections. '; (b) Substitute in the third subparagraph the expression' six days 'for' three days '; (c) Replace in the fourth indent the words' fifteenth 'and' third 'for' twelfth 'and' second ', respectively, and (d) Substitute in the Fifth indent the word "third" for "second". 13. Delete in Article 118 the expression 'the Mayor and'. 14. Interleave in the heading of Article 121, after the word "candidates", the expression "to councillors". 15. Replace Article 125, as follows: " Article 125.-The candidate shall be elected as the candidate who obtains the greatest number of votes validly issued in the commune, that is, excluding blank and void votes, as determined by the Court Competent Regional Electoral. In the event of a tie, the respective Regional Electoral Tribunal, in public hearing and by drawing, shall determine the mayor-elect from among the tied candidates. "". Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the law of the Republic. Santiago, June 20, 2001.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Miguel Insulza Salinas, Minister of the Interior. What I transcribe to you for your knowledge.-Salute to Ud., Jorge Burgos Varela, Undersecretary of the Interior. CONSTITUTIONAL COURT Draft law amending the Constitutional Organic Law of Municipalities, in order to establish a system of separate elections for mayor and councilmen. The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise control of its constitutionality, and by judgment of 31 May 2001, stated: 1. That the provisions contained in Article 1 (1), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the draft submitted are constitutional. 2. That the provision contained in article 1 (one) number 2 of the draft submitted is constitutional, in the understanding that it is only applicable in respect of events that have occurred after the law enters into force. Santiago, May 31, 2001.-Rafael Larraín Cruz, Secretary.