Key Benefits:
996 OF 2005
(November 24)
Official Journal No. 46.102 of 24 November 2005
COLOMBIA CONGRESS
By means of which the election of President of the Republic is regulated, in accordance with article 152 literal f) of the Political Constitution of Colombia, and according to with the provisions of the Legislative Act 02 of 2004, and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. purpose of this law is to define the legal framework within which the electoral debate should be conducted for the Presidency of the Republic, or when the President of the Republic in office is seeking re-election, or the Vice President of the Republic aspired to the presidential election, ensuring equal conditions for candidates who meet the requirements of law. The participation in policy of public servants and guarantees to the opposition is also regulated.
ARTICLE 2o. PRESIDENTIAL CAMPAIGN. It is understood by presidential campaign the set of activities carried out for the purpose of divulging the political project and obtaining electoral support in favor of some of the candidates.
The presidential campaign will last for four (4) months before the date of the first round elections, plus the term established for the second round, if any.
ARTICLE 3o. ACTIVITIES OF THE PRESIDENTIAL CAMPAIGN. It is understood by presidential campaign activities, political promotion and electoral propaganda in favor of a candidate for the Presidency of the Republic. Political promotion refers to the disclosure of the candidate's government proposal or political project. Electoral propaganda is the set of political activities carried out with the direct aim of calling on voters to vote in favor of a candidate.
ARTICLE 4. SPECIAL LEGISLATION. The President or Vice President of the Republic who express their interest in participating in the presidential campaign or who are candidates in the presidential election, will be subject to the conditions for these elections. effects enshrine the Political Constitution and this law explicitly for them, in view of their dual status as public officials and candidates.
SPECIAL REGULATIONS OF THE PRESIDENTIAL CAMPAIGN.
SELECTION OF CANDIDATES.
ARTICLE 5o. SELECTION OF CANDIDATES FOR THE PRESIDENCY BY THE PARTIES, POLITICAL MOVEMENTS OR ALLIANCES. The National Electoral Council will have the relevant to all parties, political movements or alliances that wish to conduct consultations. popular for their candidate's choice, they advance them all over the national territory.
The process of selecting candidates corresponds to the internal autonomy of political parties and movements, who will be able to decide at all times in their convention, congress or general assembly if this process is brought forward through consultation. popular or other democratic internal selection mechanism.
ARTICLE 6o. PARTICIPATION OF THE PRESIDENT AND THE VICE PRESIDENT IN THE MECHANISMS FOR SELECTING CANDIDATES FROM POLITICAL PARTIES OR MOVEMENTS. The President and the Vice President of the Republic, when they aspire to the presidential election, will be able to participate in the mechanisms for selecting candidates from political parties or movements.
When the President or the Vice-President, respectively, undergo popular consultations, assemblies, congresses or conventions of political parties or movements, they will be able to carry out political proselytism for that election during the (1) previous month to the event, if it so decides. During the campaign period, the President or Vice President, respectively, shall be subject to the regulations provided for in this law for presidential campaign periods.
NOMINATION ENROLLMENT.
ARTICLE 7o. RIGHT OF REGISTRATION OF CANDIDATES FOR THE PRESIDENCY OF THE REPUBLIC. Political parties and movements with legal status may register, individually or in alliances, a candidate for the Presidency of the Republic. The registration must be endorsed for the same purposes, by the respective legal representative of the party or movement.
The social movements or significant groups of citizens will have the right to register a candidate for the Presidency of the Republic. For these purposes, such movements and groups shall accredit to the National Registry of the Civil State, a number of signatures equal to three percent (3%) of the total number of valid votes cast in the previous elections to the Presidency of the Republic.
These signatures must be accredited to the General Registry of the Civil State for at least thirty (30) days before beginning the registration period of candidates for the Presidency of the Republic. This entity must certify the number of signatures required eight (8) days before the start of the candidate registration period.
ARTICLE 8o. REGISTRATION PERIOD FOR THE PRESIDENCY OF THE REPUBLIC. The registration of the candidates to the Presidency of the Republic with its vice presidential formula will be initiated with four (4) months prior to the date of the first round of voting the presidential election and, may be brought forward during the following thirty (30) days.
Registrations may be modified within five (5) business days following the closing date of the registration.
PARAGRAFO. The National Registry of the Civil State will regulate the matter.
ARTICLE 9o. STATEMENT BY THE PRESIDENT WHO ASPIRES TO BE A CANDIDATE FOR THE PRESIDENTIAL ELECTION. The President or Vice President of the Republic who aspire to the presidential election, in accordance with the qualities laid down in the Political Constitution, must declare publicly and in writing their interest to stand as candidates, six (6) months before the first round vote. Copy of the document must be deposited with the National Registry of the Civil State.
ACCESS TO PRIOR STATE FUNDING.
ARTICLE 10. CONDITIONS OF LAW. Candidates registered with the Presidency of the Republic who meet the following requirements may access state funding prior to the date of the elections:
1. Have been registered by a party or political movement with legal status, or alliance of these, who have obtained four percent (4%) of the Senate votes or an equal percentage of the votes of the House of Representatives in the election to the Congress of the Republic held prior to the date of registration of candidates for the Presidency of the Republic. This should be certified by the National Electoral Council in the eight (8) days following the conduct of the elections for the Congress, according to the vote count held on Election Day.
2. Be registered by a social movement or significant group of citizens supported by a number of valid signatures equivalent to three percent (3%) of the total number of votes cast in the previous elections to the Presidency of the Republic, certified by the National Registry of the Civil State.
State funding for candidates who do not meet these requirements will be made exclusively through the replacement of votes.
PARAGRAFO. The prior state funding is composed of a State advance, comprising a portion for financing election propaganda and another for financing other campaign expenses, such as is regulated in this law.
FUNDING FOR STATE-FUNDED PRESIDENTIAL CAMPAIGNS.
ARTICLE 11. PREPONDERANTLY STATE FUNDING OF PRESIDENTIAL CAMPAIGNS. The state will preponderantly fund the presidential campaigns of political parties and movements, as well as those of social movements and significant groups. of citizens who register candidates for the Presidency of the Republic, and meet the requirements of law:
a) Candidates who meet the requirements of law to access the benefits of prior state funding will be entitled to:
-Receive, in the first round, an advance payment of equal state contributions equivalent to four billion pesos ($4,080,000,000). Of these contributions, two thousand eight hundred million pesos ($2,800,000,000) will be allocated to the financing of the political propaganda of the presidential campaigns, the remaining one thousand two hundred and eighty million pesos ($1,280,000,000) will be for other campaign expenses.
The resources for political propaganda will be delivered by the Ministry of Finance and Public Credit to the Presidential Campaigns of the candidates referred to in this literal, as well as the resources for the other campaign expenses, within ten (10) days following the certification issued by the National Electoral Council that establishes the full of the requirements provided for in the previous article and the acceptance of the corresponding policy or guarantee.
-Candidates who enter the second round, if any, will receive equal state contributions, equivalent to two thousand four hundred and fifty million pesos ($2,450,000,000), which will be used for financing political propaganda by fifty percent (50%) and the balance in other campaign expenses, which will be delivered ten (10) days after the day of the first round elections.
-Receive via reorder of votes a sum equal to the number of valid votes cast multiplied by one thousand seven hundred five pesos per vote ($1,705). No candidate will be able to receive more than the amount effectively spent and approved by the National Electoral Council, minus the contributions of the private sector and the advance given by the State, in case it would have had access to it. Likewise, in the second round, if any, the candidates will receive a sum equivalent to eight hundred and fifty-two pesos ($852) for valid votes cast. Both in the first and the second round, the stops of the bells, as laid down in this law, may not be exceeded.
To be entitled to the replacement of votes, candidates must obtain in the election for President of the Republic, at least a vote equal to or greater than four percent (4%) of the valid votes cast. Those who do not achieve this minimum percentage shall not be entitled to the state funding of the campaign for the system of replacement of votes, and shall return the amount of the prior state funding in its entirety. These amounts of resources, will be insured by policy or guarantee in favor of the State, issued by a private financial institution, or in default the party that endorses the candidate will be able to pay the resources certain for the financing that In the subsequent years, as a guarantee for the amount received, as long as they cancel the contracted obligations. In the event that the candidate has been registered by social movements or significant groups of citizens, the guarantee or policy must be supported by the promoters of the group up to the amount to be returned;
b) The financing of campaigns of candidates who do not comply with the requirements set out in Article 10 (10) of this law to access prior state funding of presidential campaigns shall be governed by the following: rules:
1. The State, through the National Registry of the Civil State, will finance the campaign expenses through the replacement of votes, in case it obtains at least four percent (4%) of the valid votes cast.
2. The value of the replacement by valid vote will be three thousand four hundred and seventy eight pesos ($3,478).
3. Political parties or movements, social movements and significant groups of citizens who have registered a candidate for the Presidency of the Republic, and in whose vote they do not achieve at least four percent (4%) of the total votes valid, they shall not be entitled to the replacement of campaign expenses by vote.
PARAGRAFO 1o. Candidates who meet the requirements of law to access the benefits of prior state funding, may also request an additional amount of up to ten percent (10%) of the ceiling established for the presidential campaign, for use in electoral propaganda in radio, written press or television, which will be guaranteed to the satisfaction of the Ministry of Finance and Public Credit and regulated under the same parameters established for the advance intended for other campaign expenses.
PARAGRAFO 2o. The presidential candidate who has agreed to the prior state funding and withdraws his or her name from his candidacy before the first round elections, must return the entire resources received from the State, within fifteen (15) days of retirement. Otherwise, the Ministry of Finance and Public Credit and the National Registry of the Civil State will proceed judicially against the candidate, his presidential campaign, the Manager of his campaign, the members of the Finance Committee of his campaign. and the Political Parties or Movements that have signed it.
ARTICLE 12. CAMPAIGN STOPS. The spending ceiling for the 2006 presidential campaigns will be ten billion pesos ($10,000,000,000) for the first round. For the presidential runoff, if any, the ceiling will be six billion pesos ($6,000,000,000). The amount set as a campaign ceiling includes the sum of the resources provided by the State, as well as those provided by the private individuals.
Candidates who do not comply with the requirements to access prior state funding of the presidential campaign and who do not reach the number of votes needed to access the vote by the state will finance their One hundred percent (100%) campaigns with contributions or donations from individuals.
ARTICLE 13. The values indicated in weights in this law shall be readjusted annually in accordance with the increase in the consumer price index certified by the national administrative department. statistics, damage.
ARTICLE 14. MAXIMUM AMOUNT OF CONTRIBUTIONS OR DONATIONS BY PRIVATE INDIVIDUALS. Twenty percent (20%) of the ceiling for presidential campaign expenses may be financed by natural persons; however, presidential campaigns do not may receive individual contributions or donations from natural persons, but up to two percent (2%) of the amount set as the ceiling for the campaign.
The contributions of candidates and their families to the fourth degree of consanguinity, second degree of affinity, or civil first will not be able to exceed the four percent (4%) of the amount set as a ceiling by the National Electoral Council.
ARTICLE 15. MANAGEMENT OF PRESIDENTIAL CAMPAIGN RESOURCES. The resources of the presidential campaigns will be received and administered through a unique and exclusive account for this purpose, both for the receipt of contributions and donations, and expenses In the same way, the President-in-Office of the Council of the Republic of the Republic of It will be exempt from the tax on bank transactions. The Banking Superintendency shall establish a special control and surveillance regime to ensure the transparency of movements of such accounts.
PARAGRAFO. The presidential campaigns may agree with the financial institution that they select to open the account, the opening of the sub-accounts they deem necessary to organize the distribution or the resources in the different areas of work in which the presidential campaign is organized.
ARTICLE 16. CAMPAIGN MANAGER. The presidential candidate must appoint a campaign manager, who is responsible for managing all campaign resources. The campaign manager shall be responsible for all the activities of the political campaign finance, and the expenses of the campaign. The campaign manager must be designated within three (3) days after the registration of the presidential candidacy, by means of a sworn statement of the candidate, which must be registered in the same term before the National Council. Election.
The campaign manager will be the official representative of the presidential campaign before the National Electoral Council for all the effects related to the financing of the political campaign and the subsequent presentation of reports, accounts and replenishment of the expenditure of the campaign. The manager may designate sub-managers in the department or municipality, as he sees fit. These will be their delegates to the respective territorial entity. No public servant or foreign citizen may be designated as a campaign manager.
ARTICLE 17. ACCOUNTING AND SUPPORT BOOKS. Those responsible for the accountability of the respective campaign must carry the ledger of balance sheets, the column journal and at least one auxiliary book, which will be registered with the Organization. Election at the time of registration of candidates. They will also carry a list of contributions, donations and credits, with the identification, address and telephone, of the natural persons who made the contribution or donation.
This documentation may be reviewed by the National Electoral Council to verify compliance with the campaign finance rules.
ARTICLE 18. AUDIT SYSTEM. In order to ensure adequate internal control in the management of revenues and expenses of the presidential campaign, the parties, political movements with legal personality, social movements and significant groups of citizens, who will enroll candidates, create and accredit before the National Electoral Council an internal audit system as a condition for initiating the receipt of contributions and contributions from individuals and/or receiving state funding.
The auditor will be jointly and severally responsible for the management of the revenue and expenditure of the campaign, as well as the state funding resources, if it does not inform the National Electoral Council about the irregularities that are committed.
The National Electoral Council, through the Fund for the Financing of Electoral Parties and Campaigns, will be responsible for conducting the external audit on the financing resources of political parties and movements with legal status and electoral campaigns, which is dealt with in Article 49 of Law 130 of 1994.
This system will have to guarantee national coverage and will be contracted by the percentage of the overall amount of budget appropriations for state funding, which the National Electoral Council will set. The value of the contract shall be determined for up to a maximum amount equal to that percentage and the payment shall be made on the basis of the audited accounts or reports. The object of the contract must begin to be executed from the beginning of the electoral campaign, in accordance with the term defined in this law.
The external audit system will be regulated by the National Electoral Council.
ARTICLE 19. RESPONSIBLE FOR ACCOUNTABILITY. The campaign manager will be responsible for the public accountability of the accounts of the campaigns in which they participate. The presidential candidate, the manager, the treasurer and the auditor of the campaigns, will respond in solidarity for the timely presentation of the accounting reports and for the due compliance of the campaign finance regime. Any modification in the designation of the manager, the treasurer or the auditor of the campaigns shall be informed to the electoral authority.
ARTICLE 20. REGULATION. The National Electoral Council shall regulate the single system of information on electoral accounting, presentation of accounts, period of evaluation of reports, content of reports, advertising of reports, audit and tax review system.
ARTICLE 21. CAMPAIGN MONITORING AND SANCTIONS. The National Electoral Council may at all times advance audits or review on the revenue and expenditure of campaign finance. On the basis of such monitoring or at the request of a party, it may initiate investigations into the strict compliance with the rules on funding provided here. If irregularities are found in the financing, sanctions will be imposed according to the assessment they make of the faults, in the following order:
1. Fines between one per cent (1 per cent) and ten per cent (10 per cent) of the resources disbursed by the State for the respective campaign.
2. Freezing of the respective spins.
3. In case of exceeding the ceiling of permitted resources, either for receiving private donations greater than the authorized ones, or for exceeding the expenditure ceilings, the partial or total return of the delivered resources may be imposed.
4. In the case of the winner of the presidential election, the Congress may decree the loss of office according to the procedure contemplated for investigations and trials for political indignity.
PARAGRAFO. The campaign stop violation complaint must be filed within thirty (30) days of the date of the presidential election.
ACCESS TO SOCIAL COMMUNICATION.
ARTICLE 22. EQUITABLE ACCESS TO SPACES IN THE SOCIAL MEDIA USING THE ELECTROMAGNETIC SPECTRUM. In the period from sixty (60) days prior to the presidential election and eight (8) days prior to the presidential election, the State will make use of the during one (1) month of the Electromagnetic Spectrum for private radio and television dealers and operators in a daily space of two (2) minutes on "triple A" hours and four (4) minutes daily on radio in the hours of A higher audience, for candidates to disclose their theses and government programs. The National Electoral Council will determine by lot the distribution of these spaces between the different candidates, during the working days of the week. These programs will be issued up to eight days before the voting date.
The production costs of these programs will be assumed respectively for each of the presidential campaigns.
PARAGRAFO. In the case of the television service, the National Television Commission will reserve these spaces, prior to the National Electoral Council. In the case of the service of broadcasting, such reservation must be made by the Ministry of Communications *, on the same terms.
ARTICLE 23. ACCESS TO THE INSTITUTIONAL CHANNEL AND THE NATIONAL BROADCASTER. During the presidential campaign period, political parties and movements with legal status, will maintain access to the social media in the terms of the law of political parties and movements. They shall have the same rights, the social movements and the significant groups of citizens who are candidates for the Presidency of the Republic in the terms of this law.
In addition to the television programs of the Institutional Channel provided for in the law, during the presidential campaign, political parties or movements with legal status, social movements and significant groups of citizens enrol candidate for the Presidency of the Republic, shall be entitled to:
1. To make three (3) debates of up to sixty (60) minutes each, on the one hand and at the joint request of all the presidential candidates or some of them, with the rules and on the issues that they point out in the petition during the period presidential campaign.
2. To make an intervention of up to five (5) minutes by each candidate, within the week following the start of the presidential campaign, in order to present its program of government to the citizens. These broadcasts will be carried out at national liaison of all television channels and radio stations, state.
3. To make an intervention of up to ten (10) minutes by each presidential candidate, eight (8) days before the elections to the Presidency of the Republic, in order to present the citizens with their words of campaign closure. These broadcasts will be carried out at national liaison of all television channels and radio stations, state.
The National Electoral Council, in accordance with its powers, will regulate the matter within three (3) days following the closing of the registration of the candidates for the Presidency of the Republic.
ARTICLE 24. ELECTION PROPAGANDA. Each of the presidential campaigns, they will be able to hire only during the thirty (30) days prior to the presidential election in the first round, and during the period between this and the second round, if any, with the Private television dealers and operators, spaces to disseminate electoral propaganda of the respective campaigns.
Presidential campaigns will be able to hire and conduct election propaganda in the written press and radio, during the three (3) months prior to the presidential election.
Each presidential campaign will decide in which social communication media it wishes to pause, having as its limit the ceilings set forth in this law.
Propagands will not be able to use the patriotic symbols.
Companies that provide the subscription-based television service are prohibited from broadcasting or disseminating electoral propaganda concerning the presidential campaign in Colombia, which is broadcast on television channels. foreign.
Private radio and television dealers and operators are under the obligation to issue political propaganda at a rate lower than half the rate effectively charged by these same spaces during the previous year.
PARAGRAFO. You may also transmit political disclosure or election propaganda through the television and radio community broadcast service.
ARTICLE 25. GUARANTEE OF INFORMATION BALANCE BETWEEN PRESIDENTIAL CAMPAIGNS. The private broadcasters and television and radio operators must guarantee pluralism, the information balance and the veracity in the management of information about the presidential campaigns and electoral proselytism. For these purposes, they will send a weekly report to the National Electoral Council of the times or spaces that in these broadcasts or publications were awarded to the presidential campaign activities of each candidate. The National Electoral Council shall publish such information and verify that the presence of candidates in such broadcasts or publications is equitable.
If of these reports the National Electoral Council deduces that no equitable treatment has been given in the information of the political activities of the presidential candidates, the entity will request the respective social media that establish the information balance, and may agree with the respective media and the National Television Commission, or the Ministry of Communications *, as the case may be, the measures required within the following seventy-two (72) hours.
The presidential campaigns will provide daily audiovisual material and sufficient written material on the political activities of their candidates to the social media, who will freely select the aspects they consider valuable for news information.
ARTICLE 26. PROHIBITIONS FOR ALL CANDIDATES FOR THE PRESIDENCY OF THE REPUBLIC. No candidate, directly or indirectly, from the time of registration, may hire, rent, produce and/or direct gender programs. journalism in social media.
ARTICLE 27. REGULATIONS FOR PRESIDENTIAL BROADCASTS ON THE INSTITUTIONAL CHANNEL. They will not be able to be transmitted by the State Institutional Channel to the government's management.
ARTICLE 28. ELECTORAL SURVEYS. Any opinion poll of an electoral nature to be published or disseminated by any means of communication must be in its entirety and must be expressly indicated by the natural or legal person who conducted it. and the task, the source of their funding, the type and size of the sample, the specific topic or topics to which it relates, the specific questions that were asked, the candidates for whom it was asked, the area and the date or time period in which it was performed and the calculated error margin. Only statistically representative surveys, in which the respondents are selected probabilistically, may be disclosed.
The conduct or publication of polls or polls the week before the elections to the Presidency of the Republic in the national social media is prohibited. Disclosure shall also be prohibited in any means of communication of surveys or surveys, during the same term, which disseminate the international social media.
El Nacional] The National Electoral Council will exercise special vigilance over the entities or persons carrying out this activity when it comes to political, electoral, or opinion polls, to ensure that the questions to the public are not formulated in such a way as to induce a certain answer and that the surveys meet the technical conditions outlined by the National Administrative Department of Statistics, Dane.
Companies that consider the conduct of political or electoral surveys within their object must be registered in the National Register of Surveys that will be carried out by the National Electoral Council for this purpose. be published.
In no case will it be possible to conduct or publish polls, polls or election projections on election day.
PARAGRAFO 1o. When a media outlet conducts opinion polls or open queries for citizens to express opinions about election preferences via the Internet or phone calls, in the that there is no sample technical design and no margin of error can be calculated, the medium shall clearly inform its receivers of the nature and extent of the consultation and warn that this is not a technically designed survey.
PARAGRAFO 2o. The violation of the provisions of this article will be sanctioned by the National Electoral Council, with a fine of fifteen (15) to two hundred (200) minimum monthly legal salaries in force, according to the seriousness of the lack, imposed both on the media and on who entrusted or financed the conduct of the survey. The amount of the fine will be deposited in the National Fund for the Financing of Parties and Electoral Campaigns.
PARAGRAFO 3o. It is understood that a survey is political in character when viewed on issues related to the state or political power. An opinion poll or poll is of an electoral nature when referring to citizens ' electoral preferences, voting intentions, opinions on candidates, political organizations or government programs. Also, in the electoral period, those that deal with any other topic or circumstance that may have an impact on the development of the electoral contest.
REPLICATION RIGHT.
ARTICLE 29. RIGHT OF REPLY. During the presidential campaign period, when the President of the Republic or representatives of the National Government, in use of their faculties, make statements in the State's social media, or use the electromagnetic spectrum, which are against the good name and dignity of presidential candidates, political parties or movements with legal status, social movements or significant groups of citizens who have registered a candidate the Presidency, provided that the media has not given the affected person the If such statements are to be disputed, the affected person may ask the National Electoral Council for the right to the reply, who will decide the request within the next forty-eight (48) hours. For these purposes, the National Electoral Council shall request the means of communication for the relevant evidence and to address the principles of the right of defence and due process.
If the reply is granted, the National Electoral Council will have to do so in a timely manner, at least in a time and area of coverage similar to the one that the National Electoral Council has taken, in a social media that ensure its wide spread.
PARAGRAFO. The State's social media outlet, or using the electromagnetic spectrum that is in breach of this provision, shall be subject to the imposition of the pecuniary penalties to be imposed by the of the competent body, respecting the rules of due process.
SPECIAL REGULATIONS DURING THE PRESIDENTIAL CAMPAIGN.
ARTICLE 30. BANS ON THE PRESIDENT DURING THE PRESIDENTIAL CAMPAIGN. During the four (4) months preceding the date of first-round voting, and until the second round, if any, the candidate holding the presidency or the Deputy Presidency of the Republic shall not:
1. Attend the inauguration of public works.
2. Personally deliver state resources or assets, or any other sum of money from the public purse or proceeds from third-party donations to the National Government.
3. Refer to other candidates or political movements in their lectures or public presentations, as Head of State or Government.
4. Use or include the image, symbols or slogans of your presidential campaign in government advertising.
5. Use state assets, different from those intended for their personal security, in activities of their presidential campaign.
ARTICLE 31. AMOUNT OF STATE PUBLICITY. During the presidential campaign, resources for State advertising cannot be increased.
ARTICLE 32. LINKING TO THE STATE PAYROLL. Any form of linkage that affects the state payroll, in the Executive Branch of the Public Power, will be suspended during the four (4) months prior to the presidential election and until the realization of the Second round, if this is the case. The cases referred to in the second paragraph of the following Article shall be exempted from this provision.
PARAGRAFO. For the purpose of providing the supernumerary staff required by the Electoral Organization, the Registrar will organize the selection and objective processes in an objective manner through public competitions merits.
ARTICLE 33. RESTRICTIONS ON PUBLIC PROCUREMENT. During the four (4) months prior to the presidential election and until the election in the second round, if any, direct recruitment by all the parties is prohibited. entities of the State.
There is no exception regarding the defense and security of the state, public credit agreements, those required to cover educational, health and disaster emergencies, as well as those used for the reconstruction of roads, bridges, roads, energy infrastructure and communications, in case they have been the subject of attacks, terrorist actions, natural disasters or cases of force majeure, and those to be carried out by health and hospital entities.
VARIAS PROVISIONS.
ARTICLE 34. DINEXEQUABLE
ARTICLE 35. SECURITY FOR THE PRESIDENTIAL CANDIDATES. The National Government will have the right to use the public force and the state security agencies to structure protection and security programs for the candidates. Presidency of the Republic and the officials of the campaigns, if any. These protection schemes will be established by the National Police and the DAS, together with the full support required of the Military Forces, in accordance with the risk level studies they carry out. Weekly the National Police and the DAS, will program the security of the candidates in conjunction with the campaigns, according to the programming of tours and visits that they announce to you.
Ministry of Interior and Justice will coordinate the implementation of these schemes, in order to establish a permanent liaison mechanism with each of the presidential campaigns, and receive the reports of protection of the State security.
ARTICLE 36. SPECIAL CONDITIONS. The National Government, either on its own initiative or at the request of the National Electoral Council or a candidate registered with the Presidency of the Republic, will request the presence of an international oversight that will accompany the process. The vote will take place at the end of the voting, at least fifteen (15) days before the date of the elections.
The polling stations that will have the presence of international oversight will be agreed by the National Electoral Council and the parties, political movements, social movements, and significant groups of citizens who have registered Candidate for the Presidency of the Republic.
PARTICIPATION IN PUBLIC SERVER POLICY.
ARTICLE 37. Declared INEXEQUABLE.
ARTICLE 38. BANS FOR PUBLIC SERVANTS. State employees are prohibited from:
1. Harass, pressure, or determine, in any form, subordinates to support some cause, campaign, or political controversy.
2. Disseminate electoral propaganda for or against any party, group or political movement, through publications, official television and radio stations or public printing works, except as authorized in this law.
3. To favor with promotions, bonuses, or undue promotions, to those within the entity in charge of them participate in their own cause or political campaign, without prejudice to the contests that in public conditions of equality and impartiality offer such capabilities to public servants.
4. To offer some kind of direct, immediate and undue benefit to citizens or communities, through works or actions of the public administration, in order to influence the intention to vote.
5. Adducing reasons for "good service" to fire career officials.
The violation of any of the above prohibitions is a serious fault.
PARAGRAFO. Governors, municipal and/or district mayors, secretaries, managers, and directors of decentralized entities of the municipal, departmental, or district order, within four (4) months prior to the elections may not conclude inter-administrative agreements for the execution of public resources, nor participate, promote and allocate public resources of the entities in their capacity, nor of those that participate as members of their meetings directives, in or for proselytizing meetings.
They will also not be able to inaugurate public works or initiate social programs at meetings or events involving candidates for the Presidency and Vice-Presidency of the Republic, the Congress of the Republic, departmental governorships, departmental assemblies, municipal councils and municipal or district councils. They will also not be able to do so when candidates ' spokespersons participate.
They will not be able to authorize the use of real estate or movable property for proselytizing activities, nor to facilitate the accommodation, nor the transportation of voters from candidates to positions of popular choice. They will also not be able to do so when candidates ' spokespersons participate.
The payroll of the respective territorial entity or entity may not be modified within the four (4) months prior to the elections to positions of popular choice, except in the case of the provision of charges for final faults, with the occasion of death. or irrevocable resignation of the duly accepted corresponding charge, and in cases of application of the rules of administrative career.
ARTICLE 39. PUBLIC SERVANTS ARE ALLOWED. Public servants, in their respective jurisdiction, may:
1. Declared INEXEQUABLE.
2. Register as members of your parties.
3. Declared INEXEQUABLE.
4. Declared INEXEQUABLE.
ARTICLE 40. SANTIONS. Failure to comply with the provisions enshrined in this chapter, will be punishable gradually in accordance with the provisions of Law 734 of 2002 and according to the seriousness of the fact.
ARTICLE 41. POLITICAL ACTIVITY OF THE MEMBERS OF THE PUBLIC CORPORATIONS. It will not apply to members of public corporations of popular choice, the limitations contained in the provisions of this title.
