Act 996 2005

Original Language Title: LEY 996 de 2005

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ACT 996 OF 2005
(November 24)
Official Gazette No. 46.102 of 24 November 2005 COLOMBIA CONGRESS

Through which the election of the President of the Republic is regulated, of accordance with Article 152 paragraph f) of the Constitution of Colombia, and in accordance with the provisions of Legislative Act 02 of 2004 and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:

TITLE I. GENERAL PROVISIONS.
ARTICLE 1o. PURPOSE OF THE LAW. This law aims to define the legal framework within which the electoral debate must be developed to the Presidency of the Republic, or when the President of the Republic in exercise aspire for reelection, or the Vice President aspires to the presidential election ensuring equal conditions for candidates who meet the legal requirements. Participation in politics also public servants and guarantees to the opposition is regulated. Effective Jurisprudence

Article 2.
. PRESIDENTIAL CAMPAIGN. It is understood by the whole presidential campaign activities for the purpose of disseminating the political project and get electoral support for any of the candidates.
The presidential campaign will last four (4) months prior to the date of the elections in the first round, plus the amount set for the completion of the second round, if applicable. Effective Jurisprudence


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ARTICLE 3. PRESIDENTIAL CAMPAIGN ACTIVITIES. It is understood by activities presidential campaign, political advocacy and electoral propaganda in favor of a candidate for the Presidency of the Republic. Political advocacy refers to the disclosure of the proposed project government or political candidate. Electioneering is the set of political activities with the direct purpose of calling on voters to vote for a candidate. Effective Jurisprudence


ARTICLE 4. SPECIAL LEGISLATION. The President or the Vice President of the Republic to express their interest to participate in the presidential campaign or register as candidates in the presidential election, subject to the conditions that for these purposes enshrined in the Constitution and this law explicitly for them , due to their status of public officials and candidates. Effective Jurisprudence


TITLE II. SPECIAL REGULATIONS
PRESIDENTIAL CAMPAIGN.


CHAPTER I. SELECTION OF CANDIDATES.

The 5th ITEM. SELECTION OF CANDIDATES FOR THE PRESIDENCY BY PARTIES, POLITICAL movements or alliances. The National Electoral Council shall make relevant for all parties, political movements or alliances wishing to popular consultations for the selection of its candidate, the overtake throughout the national territory.
The process of selection of candidates corresponds to the internal autonomy of political parties and movements, who may decide at any time at their convention, congress or general assembly if this process is advanced through referendum or other democratic selection mechanism internal. Effective Jurisprudence



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ARTICLE 6o. PARTICIPATION OF THE PRESIDENT AND VICE IN CANDIDATE SELECTION MECHANISMS OF POLITICAL PARTIES OR MOVEMENTS. The President and the Vice President when aspire to the presidential election, may participate in the mechanisms for selecting candidates of political parties or movements.
When the President or the Vice President, respectively, are subject to referenda, assemblies, congresses or conventions of political parties or movements, political proselytizing may make that choice during the (1) prior to the holding of the event month if so he decides. During the campaign, President or Vice President, respectively, be subject to the regulations required under this law for presidential campaign periods. Effective Jurisprudence


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CHAPTER II.
REGISTRATION OF CANDIDATES.

ARTICLE 7. REGISTRATION RIGHT CANDIDATE FOR THE PRESIDENCY OF THE REPUBLIC. The parties and political movements with legal status, may enter individually or in partnerships, candidate for the Presidency of the Republic. Registration must be guaranteed for the same purpose, by the respective legal representative of the party or movement. Editor's Notes



Social movements or significant groups of citizens have the right to register a candidate for the Presidency of the Republic. For these purposes, these movements and groups credited to the National Civil Registry, a number of signatures equal to three percent (3%) of the total number of valid votes cast in the previous election to the Presidency of the Republic.
These firms must be accredited by the General Civil Registry at least thirty (30) days before starting the registration period of candidates for the Presidency of the Republic. This entity shall certify the number of signatures required eight (8) days before the start of that period of registration of candidates. Effective Jurisprudence



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Article 8. ENROLLMENT PERIOD FOR THE PRESIDENCY OF THE REPUBLIC. The registration of candidates for President of the Republic with his vice presidential formula will start with four (4) months prior to the voting date of the first round of the presidential election and may advance within thirty (30) days following.
Registrations may be amended within five (5) business days following the closing date of registration.
PARÁGRAFO. The National Civil Registry regulate the matter. Editor's Notes

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Article 9. STATEMENT BY THE PRESIDENT SUCKING BE CANDIDATE FOR PRESIDENTIAL ELECTION. The President or the Vice President who aspire to the presidential election, in accordance with the qualifications set out in the Constitution, must publicly declare in writing their interest to stand as candidates, six (6) months before the vote at first return. Copy of the letter shall be deposited in the National Civil Registry. Effective Jurisprudence


CHAPTER III.
ACCESS TO PRIOR STATE FUNDING.

ARTICLE 10. CONDITIONS OF LAW. Candidates registered for the Presidency of the Republic who meet the following requirements may access prior to election date state funding:
1. Have been registered by a political party or movement with legal status, or alliance of those who have obtained four percent (4%) of the votes of Senate or an equal percentage of the votes of the House of Representatives added nationally in election to Congress made prior to the date of registration of candidates for President of the Republic. This must be certified by the National Electoral Council in the eight (8) days following the holding of elections for Congress, according to the vote count on election day made days.
2. Be registered by a social movement or significant group of citizens backed by a number of equivalent valid signatures to three percent (3%) of the total number of votes cast in the previous election to the Presidency of the Republic, certified by the National Registry Civil status.
State funding of candidates who do not meet these requirements will be carried out exclusively through the replenishment of votes.
PARÁGRAFO. The previous state funding is made by a State advance, comprising a part for the financing of the electoral propaganda and another for financing other campaign expenses, as is regulated by this law.

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CHAPTER IV.
FINANCING OF STATE FUNDING presidential campaigns.

ARTICLE 11. STATE FUNDING preponderantly PRESIDENTIAL CAMPAIGNS. The State preponderantly financed the presidential campaigns of parties and political movements, like those of social movements and significant groups of citizens who register candidates for President of the Republic, and meet the requirements of law:
a) candidates who meet the legal requirements to access the benefits of the previous state funding, are entitled to:
- Receive, in the first round, as an advance equal state contributions equivalent to four thousand and eighty million pesos ($ 4,080. 000.000). Of these contributions, in 2800 million pesos ($ 2.8 billion) will be allocated to the financing of political propaganda of presidential campaigns, the remaining in 1280 million pesos ($ 1.28 billion) will be for other campaign expenses.

Resources for political propaganda will deliver the Ministry of Finance and Public Credit to the presidential campaigns of candidates to present the literal terms, as well as other resources for campaign expenses, within ten (10) days of the certification issued by the National Electoral Council establishing full of the requirements in the previous article and acceptance of the policy or corresponding security.
- Candidates who access the second round, if any, shall receive an advance equal state contributions, equivalent to two thousand four hundred fifty million pesos ($ 2.45 billion), which will be used to finance political propaganda fifty percent (50%) and the balance in other campaign expenses, to be delivered ten (10) days after the day of the election first round.
- Receive via replenishment of votes an amount equal to the number of valid votes cast in 1700 multiplied by five pesos per vote ($ 1,705). No candidate may receive higher sum than the amount actually spent and approved by the National Electoral Council, less the contributions of the private sector and the advance given by the State, if it had had access to. Similarly, in the second round, if any, candidates will receive a sum equivalent to eight hundred fifty-two pesos ($ 852) per valid votes cast. In both the first and the second round may not exceed the ceilings of campaigns, they set out in this law.
To be eligible for replacement candidates must obtain votes in the election for President of the Republic, at least one vote greater than or equal to four percent (4%) of the valid votes cast. Who does not get this minimum percentage shall not be entitled to state funding of the campaign for the replenishment system of votes, and must return the amount of the previous state funding in full. These amounts of resources will be secured by policy or guarantee in favor of the State, issued by a private financial institution, or failing that the party that endorses the candidate may pledge the certain for funding resources corresponds in subsequent years, as guarantee for the amount, as always received them cancel their obligations. In the event that the candidate has been registered by social movements or significant groups of citizens, guarantee or policy must be supported by the promoters of the group up to the amount that must be returned;
B) Funding for the campaigns of candidates who do not meet the requirements of Article ten (10) of this law to access the previous state funding of presidential campaigns shall be governed by the following rules: | || 1. The State, through the National Civil Registry, via replenishment of votes fund campaign expenses, if you get 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 seventy-eight pesos ($ 3,478).
3. Parties or political movements, social movements and significant groups of citizens who have registered candidate for the Presidency of the Republic, and whose vote fail at least four percent (4%) of the total valid votes, will not have right to replacement campaign spending per vote. PARAGRAPH 1.
. Candidates who meet the legal requirements to access the benefits of the previous state funding, may also request an additional amount to the advance of up to ten percent (10%) of ceiling set for the presidential campaign, for use in electioneering radio, print or television, which will be guaranteed to the satisfaction of the Ministry of Finance and Public and regulated under the same parameters established for the payment intended for other campaign expenses credit. PARAGRAPH 2.
. The presidential candidate who has agreed to the previous state funding and remove its name or give up its candidacy before the election in the first round, must return all funds received from the State, within fifteen (15) days his retirement. Otherwise, the Ministry of Finance and Public Credit and the National Civil Registry, shall take legal action against the candidate, his presidential campaign, the manager of his campaign, members of the Finance Committee of the campaign and the political parties or movements who have registered. Effective Notes

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ARTICLE 12. CAMPAIGN STOPS. The expenditure ceiling of the presidential campaigns of 2006 will be ten billion pesos ($ 10 billion) for the first round. For the second presidential round, if any, the stop will be six billion pesos ($ 6 billion). The amount set as a stop campaign includes the sum of both the resources provided by the State, as provided by individuals.
Candidates who do not meet the requirements to access the previous state funding of the presidential campaign and that do not reach the number of votes needed to enter the replenishment of votes by the state finance their campaigns in a hundred percent (100%) with contributions or donations. Effective Notes

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ARTICLE 13. The values ​​given in pesos in this Act, be adjusted annually according to the increase in the consumer price index certified by the National Administrative Department of Statistics, DANE. Effective Jurisprudence


ARTICLE 14. CONTRIBUTIONS MAXIMUM AMOUNT OR DONATIONS BY INDIVIDUALS. Twenty percent (20%) of cap the cost of presidential campaigns may be financed by individuals; however, the presidential campaigns may not receive contributions or individual donations from individuals but to two percent (2%) of the amount set as a ceiling for the campaign.
The contributions of the candidates and their relatives to the fourth degree of consanguinity, affinity or first civil together may not exceed four percent (4%) of the amount set as a ceiling by the National Electoral Council. Editor's Notes

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ARTICLE 15. MANAGEMENT OF RESOURCES OF PRESIDENTIAL CAMPAIGNS. The resources of the presidential campaigns will be received and managed through a unique and exclusive account for that purpose, both to receive contributions and donations, and replacement costs of the state as to the expenditure of the same presidential campaign. This shall be exempt from tax on banking transactions. The Banking Superintendency will establish a special regime of control and monitoring to ensure transparency of the movements of these accounts.
PARÁGRAFO. Presidential campaigns may agree with the financial institution to select to open that account, opening sub-accounts they deem necessary to organize the distribution or expenditure of resources in different areas of work in the presidential campaign is organized. Effective Jurisprudence

ARTICLE 16.
campaign manager. The presidential candidate must appoint a campaign manager, responsible for managing all campaign resources. The campaign manager is responsible for all own funding political campaign activity and costs the same. The campaign manager shall be appointed within three (3) days following the registration of the presidential candidacy by the candidate affidavit, to be recorded in the same term to the National Electoral Council days.
The campaign manager will be the official representative of the presidential campaign to the National Electoral Council for all purposes related to financing of political campaign and subsequent reporting, accounts and replacement costs of the campaign. The manager may appoint a deputy managers in c ada department or municipality, as deemed. These will be delegates to the respective territorial entity. No public servant or foreign citizen may be appointed as campaign manager. Effective Jurisprudence


ARTICLE 17. ACCOUNTING AND SUPPORTS BOOKS. Those responsible for the accountability of the respective campaign must bear the ledger balances, the columnario daily and at least one auxiliary book, which will be registered with the Electoral Organization at the time of registration of candidates. They also bear a list of contributions, grants and credits, with the identification, address and telephone number 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 rules on campaign financing. Effective Jurisprudence


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ARTICLE 18. AUDIT SYSTEM. In order to ensure adequate internal control in the management of revenue and expenditure of the presidential campaign, parties, political movements with legal, social movements and significant groups of citizens who register candidates, created and credited to the National Council electoral an internal audit as a condition to start receiving payments and contributions of individuals and / or receive state funding resources.
The auditor shall be jointly responsible for handling that is made of the income and expenses of the campaign, as well as the resources of state funding, if not inform the National Electoral Council on the irregularities committed.
The National Electoral Council, through the Financing Fund of parties and electoral campaigns, will be responsible for conducting external audit resources funding of political parties and movements with legal status and election campaigns, of which Article 49 of Law 130 of 1994
This system must guarantee national coverage and will be hired under the percentage of the overall amount of the budget appropriated for state funding, set by the national Electoral Council. The contract value is determined up to a maximum amount equal to that percentage and the payment will be made based on audited accounts or reports effectively. The contract shall start running from the start of the election campaign, under the terms defined in this law.
The external audit system will be regulated by the National Electoral Council. Effective Jurisprudence


ARTICLE 19. RESPONSIBLE FOR ACCOUNTABILITY. The campaign manager is responsible for public reporting of accounts involving campaigns. The presidential candidate, the manager, treasurer and auditor campaigns jointly liable for the timely submission of financial reports and the due performance of campaign finance regime. Any change in the appointment of the manager, treasurer or auditor of the campaigns will be reported to the electoral authority. Effective Jurisprudence


ARTICLE 20. REGULATIONS. The National Electoral Council shall regulate regard to single information system on electoral accounting, accounts, reports evaluation period, report content, advertising reports, system auditing and tax inspection. Effective Jurisprudence


ARTICLE 21. MONITORING AND SANCTIONS CAMPAIGN. The National Electoral Council may at any time forward, audits or revisorías on income and expenditure of campaign finance. Based on such monitoring or upon request, you can initiate investigations on strict compliance with funding rules stated herein. Checked irregularities in the financing sanctions according to the assessment made of the faults, in the following order imposed:
1. Fines between one percent (1%) and ten percent (10%) of the funds disbursed by the state for the respective campaign.
2. Freezing of the respective turns. Effective Jurisprudence


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3. In case of exceeding the permitted ceiling of resources or receive private donations greater than those authorized, or exceed spending caps, it may be imposed partial or total refund of resources delivered.
4. For the winner of the presidential elections, Congress may order the removal from office under the procedure referred to investigations and trials for political unworthiness.
PARÁGRAFO. The complaint for violation of campaign stops must be filed within thirty (30) days following the date of the presidential election days. Editor's Notes

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CHAPTER V. ACCESS TO SOCIAL MEDIA.

ARTICLE 22.
EQUITABLE ACCESS TO SPACES THE SOCIAL MEDIA USING electromagnetic spectrum. In the period from sixty (60) days prior to the presidential election and eight (8) days prior thereto, the State shall use for one (1) month of the Electromagnetic Spectrum allocated to dealers and private radio operators and TV on a daily space of two (2) minute time television "triple a" and four (4) minutes per day on radio in primetime, for candidates to disclose their thesis and government programs. The National Electoral Council shall determine by lot the distribution of these spaces between the different candidates, during the working days of the week. These programs will be broadcast up to eight days before the voting date.
The production costs of these programs shall be borne respectively by each of the presidential campaigns.
PARÁGRAFO. In the case of the television service, the National Television Commission reserve such spaces prior concept of the National Electoral Council. In the case of broadcasting services, such reservation shall be made by the Ministry of Communications *, in the same terms. Effective Notes

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ARTICLE 23. ACCESS TO CANAL INSTITUTIONAL AND NATIONAL RADIODIFUSORA. During the presidential campaign, political parties and movements with legal status, retain access to social media in terms of the law of political parties and movements. Have the same rights of these, social movements and significant groups of citizens who register a candidate for President of the Republic under the terms of this law.
Addition to television programs Institutional Channel provided by law, during the presidential campaign political parties or movements with legal, social movements and significant groups of citizens who register a candidate for the Presidency of the Republic, entitled to:
1. Perform three (3) debates of up to sixty (60) minutes each, by the joint request of all presidential candidates or some of them, with the rules and the issues they indicate in the request during the campaign period presidential.
2. An intervention of up to five (5) minutes of each candidate, in the following the beginning of the presidential campaign week, in order to present its program of government to citizens. These transmissions will be made in national link all TV channels and radio stations, state.
3. An intervention of up to ten (10) minutes by each presidential candidate, eight (8) days before the election to the Presidency of the Republic, in order to present to the public his closing campaign. These transmissions will be made in national link all TV channels and radio stations, state.
The National Electoral Council, according to its powers, regulate the matter within three (3) days after the close of registration of candidates for President of the Republic days. Effective Jurisprudence



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ARTICLE 24. ELECTORAL PROPAGANDA. Each of the presidential campaigns, may contract only within thirty (30) days prior to the presidential election in the first round days, and during the time between this and the second round, if any, with dealers and private television broadcasters, spaces to disseminate electoral propaganda of the respective campaigns.
Presidential campaigns can hire and make electoral propaganda in the press and radio, during the three (3) months prior to the presidential election. Every presidential campaign
decide what social media want pautar, limited by the limits established in this law.
The advertisements may not use national symbols.
Companies providing service subscription television are prohibited transmission or disclosure concerning the presidential campaign in Colombia, which are transmitted on foreign TV channels electoral propaganda.
Dealers and private radio and television operators are obliged to issue political propaganda at less than half the actually recovered by these same areas during the previous year rate. Effective Jurisprudence


PARÁGRAFO. It can also be transmitted disclosure policy or electoral propaganda through service television and radio broadcasting community. Effective Jurisprudence



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ARTICLE 25. WARRANTY INFORMATION BALANCE presidential campaigns. Dealers and private radio and television operators must ensure pluralism, information balance and accuracy in handling information on the presidential campaigns and the electoral proselytism. For this purpose, they shall send a weekly report to the National Electoral Council of the times or spaces in those programs or publications was awarded to the activities of presidential campaign each candidate. The National Electoral Council will publish such information and verify that the presence of the candidates in those broadcasts or publications is equitable.
If these reports the National Electoral Council concludes that has not been given equal treatment in information policy activities of presidential candidates, the entity will request the respective means of social communication to establish the balance information, and may agree with the respective means and the National Television Commission, or the Ministry of Communications *, as appropriate, the measures required within seventy-two (72) hours. Effective Notes


Presidential campaigns will provide daily audiovisual material and sufficient written about the policies of their candidates to the media, who freely select those they deem valuable news information activities. Effective Jurisprudence


ARTICLE 26. PROHIBITION FOR ALL CANDIDATES FOR THE PRESIDENCY OF THE REPUBLIC. No candidate, directly or indirectly personally, from the time of registration, may contract, lease, producing and / or directing programs journalistic genre in social media. Effective Jurisprudence


REGULATIONS ARTICLE 27. PRESIDENTIAL INSTITUTIONAL TRANSMISSIONS ON CANAL. They may not be borne by the Institutional Channel State government management. Effective Jurisprudence


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ARTICLE 28 OF ELECTORAL SURVEYS. Every opinion poll electoral character to be published or broadcast by any media, will have to be in full and must expressly indicate the natural or legal person who performed and commissioned, the source of its funding, type and size sample, theme or specific issues that are concerned, the specific questions raised, the candidates for whom the area and date or time period in which it was made and the margin of error calculated is investigated. They shall be permitted only statistically representative surveys in which respondents are probabilistically selected.
Making or publication of surveys or polls prior to the election to the Presidency of the Republic in the national social communication media is forbidden week. Disclosure is also prohibited in any media surveys or polls, for the same term, media disseminate international media.
The National Electoral Council shall exercise special vigilance on the entities or individuals engaged in this activity in the case of political polls, elections or polls, to ensure that questions the public are not formulated so as to induce a response DETERMI nothing and that surveys meet the technical conditions laid down by the National Administrative Department of Statistics, Dane.
The companies that include within their object the realization of political or electoral surveys, must be registered in the National Register of pollsters for this purpose by the National Electoral Council when they are intended to be published.
In no case may make or publish surveys, polls or election projections on election day. PARAGRAPH 1.
. When a media conduct polls or open consultations for citizens to express opinions on electoral preferences via Internet or phone calls, where there is not a technical design shows neither is possible to calculate a margin of error, means must clearly inform their recipients the nature and extent of consultation and warn that it is not technically designed a survey.
PARAGRAPH 2.
. Violation of the provisions of this article shall be sanctioned by the National Electoral Council, with a fine of fifteen (15) to two hundred (200) monthly statutory minimum wages, depending on the seriousness of the offense, it imposed both the media as to who he commissioned or financed the completion of the survey. The amount of the fine shall be deposited in the National Fund for Financing of parties and electoral campaigns. PARAGRAPH 3.
. It is understood that a survey is political when it deals with matters related to the State or political power. A survey or poll has an electoral nature when it comes to electoral preferences of citizens, voting intentions, opinions about candidates, political organizations or government programs. Also, at election time, which relate to any other subject or circumstance that may have an impact on the development of the race. Effective Jurisprudence


CHAPTER VI.
RIGHT OF REPLY.

ARTICLE 29. RIGHT OF REPLY. During the presidential campaign, when the President of the Republic or representatives of the National Government, in exercise of its powers made statements in media of the State or using the electromagnetic spectrum, which violate the good name and dignity presidential candidates, political parties or movements with legal, social movements or significant groups of citizens who have registered presidential candidate, as long as the media has not given the affected the opportunity to challenge such claims, the affected party may apply to the National Electoral Council the right to reply, which will decide the request within forty-eight (48) hours. For these purposes, the National Electoral Council should ask the media relevant evidence and address the principles of the right of defense and due process.
Should be granted the reply, the National Electoral Council provide that the same is done in a timely manner, at least at one time and area similar to that raised its exercise covering, a means of social communication to ensure wide dissemination.
PARÁGRAFO. The means of social communication of the State, or to use the electromagnetic spectrum that violates this provision shall be subject to the imposition of cash that may be required by the competent authority, respecting the rules of due process sanctions. Effective Jurisprudence


CHAPTER VII.
SPECIAL ADJUSTMENTS DURING THE PRESIDENTIAL CAMPAIGN.

ARTICLE 30. PROHIBITION TO THE PRESIDENT DURING PRESIDENTIAL CAMPAIGN. During the four (4) days prior to the date of the vote in the first round months, and until the completion of the second round, if such is the case, the candidate holding the presidency or the vice presidency can not:
1 . Attend inauguration of public works.
2. personally deliver state resources or property, or any other sum of money from the public treasury or third-party product donations to the National Government.
3. Referring to other candidates or political movements in their speeches or public presentations, as Head of State or Government.
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4. Use or include the image, symbols or slogans of his presidential campaign advertising government.
5. Using state assets, other than those intended for his personal safety, in his presidential campaign activities.
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ARTICLE 31. AMOUNT OF ADVERTISING STATE. During the presidential campaign, may not increase resources for state advertising. Effective Jurisprudence


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ARTICLE 32. LINKING TO STATE PAYROLL. any form of linkage affecting the state payroll in the Public Power Executive Branch during the four (4) months prior to the presidential election and until the completion of the second round, if the case may be suspended. Excepted from this provision that the second paragraph of this article refers to cases.
PARÁGRAFO. For purposes of providing temporary assistance required by the Electoral Organization, the Registry will organize selection processes and linking objectively through public tenders of merit. Effective Jurisprudence



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ARTICLE 33. RESTRICTIONS ON PROCUREMENT. During the four (4) days prior to the presidential election and until the completion of the election in the second round, if it be the case, direct recruitment by all State agencies is prohibited months. As regards the defense and state security contracts public credit,
is exempt, required to meet the educational disaster emergencies, health and well as those used for the reconstruction of roads, bridges, roads, energy infrastructure and communications, if they have been subject to attacks, terrorist acts, natural disasters or force majeure, and to be made by the health and hospital entities. Effective Jurisprudence



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CHAPTER VIII. MISCELLANEOUS PROVISIONS
. ARTICLE 34. Declared
INEXEQUIBLE. Effective Jurisprudence


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ITEM 35. SECURITY TO PRESIDENTIAL CANDIDATES. The National Government shall provide the information relevant to that through law enforcement and security agencies of the State, programs of protection and security for candidates for the Presidency of the Republic and the heads of the campaigns are structured, if applicable. These protection schemes the established the National Police and the DAS, together with the full support that is required of the Armed Forces, according to studies conducted risk level. Weekly National Police and the DAS, programmed safety of candidates together with the campaigns, according to the schedule of tours and visits that these will announce.
The Ministry of the Interior and Justice, will coordinate the implementation of these schemes, for which establish a permanent liaison mechanism with each of the presidential campaigns, and receive reports for the protection of state security agencies. Effective Jurisprudence


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ARTICLE 36. SPECIAL CONDITIONS. The Government on its own initiative or at the request of the National Electoral Council or a write-in candidate for President of the Republic, request the presence of an international oversight to accompany the election process in these polling stations, at least fifteen (15) days before the date of the elections.
Polling stations that have presence of international oversight, will be concluded 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. Effective Jurisprudence


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TITLE III.
PARTICIPATION IN POLICY OF PUBLIC SERVANTS.
ARTICLE 37. Declared
INEXEQUIBLE. Effective Jurisprudence


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ARTICLE 38. PROHIBITIONS FOR PUBLIC SERVANTS. A state employees are prohibited from:
1. Harass, press, or determine, in any form, to subordinate to support a cause, campaign or political controversy.
2. Spreading electoral propaganda for or against any party, group or political movement, through publications, official television stations and radio or public printing works, except as authorized by this law.
3. Favor with promotions, bonuses, promotions or improper, whom within the entity responsible involved in the same cause or political campaign, without prejudice to the competitions in public equal and impartiality offer such possibilities to public servants.
4. Provide some direct, special, immediate and improper for citizens or communities through work or actions of public administration, in order to influence voting intentions benefit.
5. Adduce reasons of "good service" to dismiss civil servants.
Violation of any of the above prohibitions constitutes very serious offense.
PARÁGRAFO. The governors, municipal mayors and / or district, secretaries, managers and directors of decentralized entities municipal, departmental or district order, within four (4) months prior to the elections, may not enter into inter-administrative agreements for the execution of public resources or participate, promote and allocate public resources of the entities in charge, nor of participating as members of their boards, in meetings or proselytizing character.

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Neither may inaugurate public works or to initiate social programs at meetings or events involving candidates for the presidency and vice presidency, the Congress, departmental governments, departmental assemblies, mayors and municipal councils or district. Nor may they participate spokesmen candidates.
May not authorize the use of movable property or public goods for proselytizing, or to provide accommodation, or transport of voters of candidates for elected office. Nor may they participate spokesmen candidates.
The list of the respective local authority or entity can not be changed within four (4) months prior to the elections to elective office, except in the case of provision charges definitive absences, on the occasion of death or irrevocable resignation duly accepted by the appropriate fee, and in cases of application of the rules of administrative career. Effective Jurisprudence



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ARTICLE 39.
ALLOW PUBLIC SERVANTS. Public servants in their respective jurisdiction, may:
1. INEXEQUIBLE said.
2. Register as members of their parties.
3. INEXEQUIBLE said.
4. INEXEQUIBLE said. Effective Jurisprudence


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ARTICLE 40. SANCTIONS. He failing to comply with the provisions enshrined in this chapter, shall be punishable gradually in accordance with the provisions of Law 734 of 2002 and according to the seriousness of the act. Effective Jurisprudence


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ARTICLE 41. POLITICAL ACTIVITY OF MEMBERS OF THE PUBLIC CORPORATIONS. It shall not apply to members of the public corporations of popular election, the limitations contained in the provisions of this title. Effective Jurisprudence


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