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AMEND THE LAW Nº 18,700, CONSTITUTIONAL ORGANIC ON POPULAR VOTES AND VOTES ON SECOND-BALLOT MATTERS

Original Language Title: MODIFICA LA LEY N°18.700, ORGANICA CONSTITUCIONAL SOBRE VOTACIONES POPULARES Y ESCRUTINIOS EN MATERIA DE SEGUNDA VOTACION

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AMEND THE LAW Nº 18,700, CONSTITUTIONAL ORGANIC ON |! | POPULAR VOTES AND VOTES ON SECOND |! | VOTE Having present that the H. National Congress has |! |given its approval to the following Bill: '' Article 1.- Introduce the following amendments to the Law N ° 18,700, Constitutional Organic on Popular Voting and Scrutiny: 1.-Add, in Article 19, the following third indent: '' Dealing with the election of President of the Republic, and in the case laid down in the second paragraph of Article 26 of the Political Constitution, the (a) The first subparagraph of Article 22 (1) of Regulation (EC) No 739/85 shall be interpreted as subsisting, for all legal purposes, in respect of the candidates referred to in that provision. ' 2.-Amend Article 22, as follows: (a) Article 22.-The issue of the vote shall be made by means of official identification. The Electoral Service shall make them with the dimensions it sets for each election, in accordance with the number of candidates or questions submitted to plebiscite, printed in a clearly legible and non-transparent paper, which will carry the identification of that Service and the indication of its folds. In addition, the cards shall bear correlative series and numbering, which must be recorded in a detachable heel constituting a single unit with the cedula. For this purpose, the heel may be an original part of the confection of the cedula or be attached to it at a later date; in the latter case, the cedula must also include the section where the detachable heel must be attached. " (b) In the third indent, the following final sentence: "For this purpose, the Table shall deliver to the constituent an adhesive seal, with which it shall close the cedula, after bending that according to the indication of its folds.", and c) Next, fourth, new point: ' Dealing with the case provided for in the second indent of Article 26 of the Political Constitution, the Electoral Service may draw up the ballot papers and prepare the electoral tools, with the merit of the provisional results available to them. '' 3.-Incorporate, in the fourth indent of Article 23, the Next sentence: '' For the purposes of the provisions of the second paragraph of Article 26 of the Political Constitution, the candidates who correspond shall maintain in the voting card their respective numbers and order. '' 4. 30, as follows: a) Add in the fourth indent, following the word "plebiscite", the expressions "both days inclusive", preceded by a comma (,). b) incorporate the following fifth, new point, passing the current fifth indent to be sixth: '' With everything, in the case of the case provided for in the second paragraph of Article 26 of the Political Constitution, the electoral propaganda can only be carried out from the fourteenth and until the third day before that of the vote, both days inclusive. "5.-It incorporates in the third paragraph of article 31, after the point apart (.) that it becomes point followed (.), the following sentence:" For the previewed case in the second paragraph of Article 26 of the Political Constitution, the time shall be ten minutes, 6.-Redeploy, in the second paragraph of Article 32, the expressions 'from the 30th and until the third day before the election or plebiscite' 'by' within the time limit set out in Article 30 ''. 7.-Incorporate, in the first paragraph of Article 47, preceded by a point followed (.), the following final paragraph: '' With all the vowels to which they are responsible for acting in the election of President of the Republic, they shall be deemed to be convened by the 8.-Attaché, in the third paragraph of Article 52, the following final sentence: "Subsisting the same", in order to fulfill the same functions in the case provided for in the second paragraph of Article 26 of the Political Constitution. agreement, in the case of the case set out in the second paragraph of Article 26 of the Constitution 9.-Intercalase, in the second sentence of the first paragraph of Article 54, following the expression 'nomination', the following sentence, preceded by a comma (,): '' which shall be understood as subsisting for the case provided for in the 10.-Substitute the number 11 of the second indent of Article 55, by the following: " 11) Five envelopes for each election or plebiscite to be carried out, to place the cards with which you suffer. One of them shall bear the indication 'uncontested counted votes' on its external part; another, '' contested counted votes ''; other, '' null and blank ballots ''; the other, '' heels of the issued cards ''; and the fifth, '' unused or unused cedulas 11.-The second part of the first indent of Article 65 is replaced by the following: ' The following shall be folded in accordance with the indication of its folds and the seal shall be closed with the seal. '. 12.----------------------------------- next sentence: "as also those in which the detachable heel is adhered outside the section established for this effect in the cedula." 13.-Replace the first paragraph of Article 72, by the following: '' Article 72.-Practiced each Before the minutes are closed, the President shall put the scrutinised cards with which he has been cast in the election or the plebiscite, separating the counted and uncontested ballots, the counted and the objections, the null and blank votes, the unused or unused cedulas, the detached heels of the issued cards and the 'Article 91.'-The President and the Registrar of the College shall forward the envelope to the Director of the College of the European Parliament and the Council of the European Parliament. The Electoral Service and the President of the Qualifier of Elections, respectively, through the post office or by the most expeditious means of transport, within two hours of the time they receive it. The head of the post office or the person in charge of the means of transport shall give receipt of the receipt, stating the time when the reception is being carried out. Within twenty-four hours of the end of the operation of the College, the Registrar shall deliver the Records that have been provided to him and the Book of Acts, to the Secretary of the Electoral Board. In the same period, it will also send the ballot papers of the Receiving Tables to the Electoral Service. 16.-The following Article 99a is incorporated, at the end of Title IV: ' Article 99a.-In the case of the election of President of the Republic, requests for corrections of votes and claims for invalidity shall be lodged. directly before the Qualifier of Elections, within six days of the date of the respective vote, accompanied by the same act as the antecedents in which those were founded. Within the fatal period of two days, counted from the date of the respective claim or application, the information and the counter-information that may occur shall be given to the Court. The Court will know, adopt the measures to better resolve and issue its ruling no later than the tenth fourth day after the vote. In any event, such judgment shall not be liable to any appeal and its notification shall be made in the daily state. If a Escutter College has not yet completed its work on the expiry of the day following that of the vote, the time limit for lodging the applications and claims referred to in the preceding subparagraph shall be deemed to be extended, in respect of that College, for the fatal term of twenty-four hours counted from the day on which his work ends. For the purposes of the foregoing paragraph, the Court shall, in addition, comply with the rules laid down in Title V of this Law, in so far as it is relevant. ` 17.-The first paragraph of Article 100 shall be replaced by the following: " Article 100.-The Qualifier of Elections shall be understood to be cited by the sole ministry of law, to meet at 10 a.m. on the third day following the date on which the respective vote or plebiscite is verified, to prepare the knowledge of the general scrutiny and the qualification of these processes, to solve 18.-Substitute Article 102, by the following: " Article 102.-The Qualifier of Elections shall be brought to the attention of the general scrutiny of the election for President of the Republic and his qualification, within the time limits laid down in the first paragraph of Article 27 of the Political Constitution. '' 19.-Add, in Article 109, the following final paragraph: '' If none of the candidates for President of the Republic has obtained the absolute majority indicated in the first subparagraph of this Article 26 of the Political Constitution, the Court shall make the corresponding declaration, indicating the candidates who have obtained the two highest relative majorities and shall order their publication in the Official Journal, which shall be carried out on the day following the expiry of the period laid down in the first indent of Article 27 of the Constitution. '20.-Reposition, in Article 110, the expression' third ' by 'second'. 21.-Incorporate, in the first indent of Article 111, preceded by a point (.), the following final sentence: '' For the The case provided for in the second paragraph of Article 26 of the Political Constitution, such appointments shall be understood to be subsist. '' Article 2.-The President of the Republic, by means of a supreme decree issued by the Ministry of the Interior, will fix the recast, coordinated and systematized text of Law No. 18,700, Constitutional Organic of Popular Votes and Elections. TRANSITIONAL PROVISIONS Article 1.-For the presidential election of 12 December 1999, including the situation provided for in the second indent of Article 26 of the Political Constitution, the replacement of the deceased candidate referred to in the Article 20 (1) of Law No. 18,700, Constitutional Organic on Popular Voting and Scrutiny, may be placed on a person belonging to any political party or an independent party. Article 2.-The amendments introduced by this law to Article 22 of Law No 18,700, on the ballot box, shall not apply to the electoral act to be carried out on 12 December 1999. '' 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 as I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, 26 November 1999.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Raul Troncoso Castillo, Minister of the Interior. What I transcribe to you, for your knowledge.-Salute to you. Guillermo Pickering of the Source, Undersecretary of the Interior. Constitutional Court Draft law amending Law No. 18,700, |! | Constitutional Organic on Popular Votes and |! | Elections, in relation to the election of President |! |of the Republic 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 that this Tribunal exercised |! |the control of constitutionality regarding its article |! | 1st permanent and transitional provisions 1st and 2nd, and |! |that by judgment of 24 November 1999, it stated: 1. That the articles of the submitted project are |! |constitutional, with the exceptions that are |! |indicate below, and 2. That the numerals 2 and 3 of the article 1 of the project |! |submitted to mandatory preventive control by the |! |which replaces article 20 of the law |! | Nº 18,700, and a new article 20a is added, |! |respectively, are unconstitutional and, in |! |consequence, should be removed from the submitted project. Santiago, November 25, 1999.-Rafael Larrain |! | Cruz, Secretary.