LAW NO. 19.452 AMENDS PROVISIONS OF LAW N ° 18,695, CONSTITUTIONAL ORGANIC OF MUNICIPALITIES Having present that the H. National Congress has given its approval to the following Bill: " Article 1 °.-Enter the following Amendments to Law No. 18,695, Constitutional Organic of Municipalities: 1. Please introduce the following amendments to Article 72: (a) Add in the first subparagraph, the following final sentence: "The term of office of the mayor and a councillor shall be counted from this date." (b) First, in the second subparagraph, the sentence " or, failing that, by the councillor who has obtained individually, the largest citizen vote, being drawn in the event of a tie. " c) Intercalase, in the third indent, between the verbal form "take" and the preposition "a" that follows, the phrase "to the mayor and". d) In the own third indent, replace the expression "of the charge" by "of their respective positions". (e) First, in the fourth indent, the following text: "elect the mayor, where appropriate, in the form set out in Article 115, and to". (f) Replace the fifth indent with the following: " The council shall be deemed to have been installed at the indicated opportunity, whether or not there is a quorum for this purpose. "2. Introduces, as Article 97a, the following:" Article 97a.-The municipal elections shall be held every four years. " 3. Make the following amendments to Article 98: (a) Replace in the first indent the expression "hundredth twenty" by the word "ninetieth". (b) Substitute the third subparagraph, by the following: " If a mayor postulates his election as a councillor in his own commune, he shall be suspended from the exercise of his office by the sole ministry of law from the age of 30 days prior to the date of the and until the next day of her, retaining the ownership of her position and her capacity as a councillor. In such a case, the subrogation shall be carried out in accordance with the first paragraph of Article 55. " 4. Replace Article 99, as follows: " Article 99.-In the elections of municipal authorities a political party may agree with one or more political parties, with independent parties or both. Political parties participating in an electoral pact may subagree among themselves or with independents, according to the rules that on the accumulation of votes of the candidates are set out in Article 112 of this Law, and may exceptionally to exclude expressly, at the time of formalisation, the communes in which it does not govern such a subpact. The sub-pacts will always be integrated by the same parties. Independent candidates participating in an electoral pact will be able to subagree with each other, with a subpact of party members or with a party of the pact that is not a member of a party subpact. They may also subagree with an individual party of a subpact in the or the communes expressly excluded from such a subpact. For the purposes indicated, as for the declaration of nominations, the independent candidates shall act in themselves or through a representative appointed in particular for this purpose by public deed. The formalization of an electoral sub-pact shall be applicable, as appropriate, to the rules of the fourth and fifth subparagraphs of Article 3a of the Constitutional Organic Law on Popular Voting and Scrutiny. " 5. Replace Article 100, as follows: " Article 100.-The declarations of electoral covenants, of the sub-agreements to be agreed, as well as the communes excluded from the subcovenants and the entries to be included, shall be recorded in a single the instrument and its delivery shall be formalised in a single act before the Director of the Electoral Service within the same time limit laid down in Article 98 for the declaration of applications. " 6. Following Article 103, the following Article 103a shall be inserted: " Article 1010a.-On the third day of the expiry of the period for declaring nominations, the Director of the Electoral Service shall draw up the draw referred to in the Article 23 of Law No. 18,700, Constitutional Organic on Popular Voting and Scrutiny. " 7. Add in Article 108, among the words "determine" and "the councilors", the words "to the mayor and". 8. Replace Article 115, as follows: " Article 115.-The candidate for a councillor who has obtained the first majority in the commune will be elected mayor and who also belongs to a list or pact that has at least thirty percent of the the votes validly cast in the respective election, excluding blank and void votes, as determined by the competent Regional Electoral Tribunal. If the above is not met, the candidate for a councillor who has obtained the first communal majority and whose list or pact has reached the largest vote in the commune will be elected mayor. In the event that none of the above assumptions are verified, the candidate for a councillor who has individually obtained the largest vote within the list or majority pact in the commune will be elected mayor. If a tie is produced between two or more candidates who have obtained the first individual majority, the mayor shall be elected that of the members of the list or pact that has obtained the largest vote. If a tie is produced in the first individual majority between two or more candidates joining the same list or pact, the Regional Electoral Tribunal shall, in public hearing, draw up the position of mayor among the candidates. Tied. If two or more candidates who have obtained the first individual majority in the same list or pact are drawn to a tie, and the latter will consider subpacts, the candidate for a subpact councillor who has won the largest vote will be elected mayor. within the pact. If there is a tie between two or more candidates who have obtained the first individual majority in the same sub-pact, the Regional Electoral Tribunal shall, in public hearing, draw the seat of the mayor among the candidates. ". Article 2.-Facultate the President of the Republic so that, through the supreme decree of the Ministry of the Interior, he establishes the recast, coordinated and systematized text of the Constitutional Organic Law of Municipalities. " Having complied with the provisions of Article 82 of the Political Constitution of the Republic, and as soon as the National Congress has approved the observations made by the Executive Branch, it has therefore been enacted and will take effect as Law of the Republic. Santiago, 10 April 1996.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Belisario Velasco Baraona, Minister of the Interior Subrogante. What I transcribe to Ud., for your knowledge.-Salutes to Ud., Marcelo Schilling Rodriguez, Assistant Secretary of the Interior Subrogante. Constitutional Court Draft Law amending Law No. 18,695, Constitutional Organics of Municipalities, regarding the Generation of Authorities The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber The Court of Justice has sent the bill enunciated in the rubric, approved by the National Congress, in order for the Court to exercise control of the constitutionality of its article 1 °, and that by judgment of 3 April 1996, it declared: 1 °. That the provision referred to in Article 1 (6) of the draft submitted is unconstitutional and must therefore be deleted from its text. 2 °. What, the provisions envisaged in the N ° s. 1-(a) and (f)-, and (2) of Article 1 of the draft in question are constitutional with the provisions which have been made in this judgment; 3 °. The precepts referred to in the N ° s. 1, points (b), (c), (d) and (e)-, 3 (a) and (b)-, 4, 5, 7, 8 and 9 of the draft examination are constitutional. Santiago, April 4, 1996.-Rafael Larraín Cruz, Secretary.