Modifies Provisions That Indicates The Law N °; 18.695, Constitutional Organic Municipal


Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"(Artículo 1°.-Introdúcense las siguientes modificaciones a la ley N° 18.695, Orgánica Constitucional de Municipalidades: 1. Introdúcense las siguientes modificaciones ael artículo 72: a) added in the first subparagraph, the following final sentence:"the period of exercise in the office of Mayor and Councillor will be from this date."."
(b) delete, in the second paragraph, the sentence "or, in absence thereof, by the Councillor who has obtained greater voting citizen, individually" dodging in the event of a tie.
(c) Insert, in the third paragraph, between the verbal form "take" and the preposition "a" that follows, the phrase "to the Mayor and".
(d) in the own third subparagraph, replaced the word "charge" by "of their respective positions".
(e) delete, in the fourth paragraph, the following text: "choose the Mayor, where appropriate, in the way established in article 115, and".
(f) Sustituyese the fifth subparagraph by the following: ' Council shall be installed at the indicated time, whether there is any quorum for it. ".
2 introduce itself, article 97 bis, as follows: "article 97 bis-municipal elections shall be carried out every four years.".
3 Introducense the following amendments to article 98: to) replaced paragraph first the expression "one hundred twenty" by the word "90th".
(b) replace the third subparagraph by the following: "If a mayor postulare to his election as councillor in his own commune will be suspended from the exercise of his office by the only Ministry of law from 30 days prior to the date of election and until the next day it, retaining however the ownership of his position and his quality of Councillor." In such a case, proceed to its subrogation in accordance with subsection first article 55. "."
4. replace article 99, by the following: "article 99.-election of municipal authorities a political party may negotiate with one or more political parties, independent or both."
Political parties participating in an electoral Pact can subpactar among themselves or with independent, according to the norms that on accumulation of votes of the candidates set out in article 112 of this Act, may exceptionally exclude explicitly, at the time of completing it, the communes where not governed such subpacto. The subpactos will be always integrated by the same parties.
Independent candidates taking part in an electoral Pact may subpactar between them, with a subpacto of members of the same parties or with a party of the Covenant which is not a member of a subpacto party. They may also subpactar with a party member of a subpacto or expressly excluded communities of such subpacto. For the designated purposes, as for the Declaration of candidacies, independent candidates will act itself or through representative appointed especially for this purpose by public deed.
To the formalization of an electoral subpacto you shall apply, as relevant, the rules of the fourth and fifth subparagraphs of article 3 bis the Constitutional Act on popular votes and ballots. "."
5 article 100, replace by the following: "article 100.-statements of electoral pacts, the subpactos to be agreed, as well as the excluded communities of the subpactos and the applications that are included, must be recorded in a single instrument and its delivery will be formalized in a single act with the Director of the Electoral service within the same time limit established in article 98 for declaration of candidacies.".
6 Insert, then in article 103, the following article 103 bis: "article 103 bis.-on the third day of expiry of the time limit to declare candidacies, the Director of the Electoral service will proceed to do the drawing referred to in the second paragraph of article 23 of the Act No. 18.700, organic constitutional popular votes and ballots.".
7 Add in article 108, between the words "determine" and "councillors", the words "to the Mayor and".
8 article 115, replace by the following: ' article 115-will be elected Mayor the candidate for Councillor that obtained the first majority in the commune and which also belong to a list or agreement that has, at least, with thirty per cent of the votes validly cast at the respective election, excluding the null and blank votes " as determined by the competent Regional Electoral Tribunal.
Failure to comply is stated, will be elected Mayor candidate for Councillor who has obtained the first communal majority and whose list or agreement has reached the largest vote in the commune.
If not checked any of the previous cases, will be elected Mayor the candidate for Councillor who have individually gained greater voting within the list or compact majority in the commune.
If arises a tie between two or more candidates who have obtained the first single majority, shall be elected mayor that the tied that integrate the list or agreement who has obtained the largest vote.
If arises a draw in the first single majority among two or more candidates that integrate the same list or agreement, shall be by the Regional Electoral Tribunal, in open court, to draw on the office of the Mayor among the tied candidates.
If arises tie between two or more candidates who have obtained the first single majority in the same list or Covenant and this contains subpactos, will be elected Mayor the candidate for Councillor of the subpacto who has obtained the largest vote within the Pact.
If arises a tie between two or more candidates who have obtained the first individual most in a same subpacto, will proceed by the Regional Electoral Tribunal, in open court, to draw on the office of the Mayor among the tied candidates. "."