Reform The Electoral Code.

Original Language Title: Refórmase el Código Electoral.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-codigo-electoral-2/archivo_documento_legislativo



1. Decree No. 421 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that through Legislative Decree N ° 413 dated 3 July 2013, published in the Official Journal No. 138, Tome N ° 400, 26 of that same month and year, enacted the Electoral Code.
II.-that the 1st paragraph of articles 91 and 95 of the Electoral Code, set out the way in which the departmental electoral boards and municipal electoral boards will be integrated respectively; establishing as a rule that will be integrated with a maximum number of five owners members and their respective alternates; four of them involved with right own to proposed of those parties political contenders that have retrieved greater number of votes in the last election of the same type in that have participated, and the fifth is chosen by draw among the rest of parties or coalitions that having participated in that same election, have retrieved representation legislative.
III.-that the Constitutional Division of the Supreme Court of Justice, in the process of unconstitutionality with reference 139-2013, issued ruling indicating that the rule cited in the previous recital, establishes a treatment unequal implied negative directed towards the political parties without representation legislative to apply temporary embs members, and that therefore, the legislature should issue reform that makes it possible to contending political parties regardless to whether or not legislative representation, and not favour candidates, is able to offer citizens to be the fifth member recipients of votes and departmental electoral boards, municipal.
IV.-that the aforementioned statement also pointed out that, while political parties have, as set out in article 209 of the Constitution, the power to nominate persons to form temporary embs, this does not mean that they must be affiliated of them; so on political parties should propose citizens without party affiliation to integrate these organisms.
Therefore, in use of their faculties constitutional and to initiative of them members and deputies standard Fidelia Guevara of Ramirios, Alberto Armando Romero, Mario Antonio Ponce Lopez, July César Fabian Perez, Nelson of Jesus Quintanilla, Mario Alberto Tenorio Guerrero, Luis Alberto Batres Garay, Yolanda Anabel Belloso Salazar, José Vidal Carrillo Delgado, Reynaldo Antonio Lopez Cardoza, Jose Francisco Merino López, José Alfredo voyeur Ruiz and Rodolfo Antonio Parker Soto.

2 DECREES, them following: reforms to the code ELECTORAL Art. 1.-replace is the article 91, thus: "integration and headquarters of together electoral departmental Art. 91-them together electoral departmental will have its headquarters in the header departmental with jurisdiction in their respective departments, is conform with a number maximum of five members owners and their respective alternate;" four of them will participate with its own right, on the proposal of those political parties contending that have obtained the largest number of votes in the last legislative election. He fifth will be chosen by draw between the rest of parties, coalitions and candidates not party, for these last, must count with the authorization for be registered. All of them shall be appointed by the Court.
For the operation and decision making, it will be necessary to count with the majority of the members. Them together electoral departmental may constitute is with a minimum of three members owners and their respective alternates.
The Court should be equitably distributed among the proposals, the charges of President, Secretary, first Vocal, Second Committee and third vowel, with a percentage allocation equivalent to twenty percent of each charge for each instance of the proponent.
The proposals referred to in the preceding paragraph, must occur later than thirty days before the call to elections to the Court train them and credit for the performance of their duties. His appointment, protest and installation will be pursuant to article 115 of this code. In such a case that those who have the prerogative to do so, not have proposed candidates or candidates joined the Board, the Court shall appoint persons deemed suitable for this purpose.
The departmental electoral boards, shall comply in its integration according to the legal registration of coalitions and political contenders, parties must likewise be limited to propose a proprietary member and an alternate to the body.
When case of elections for President and Vice President, President or Vice-President of the Republic and may be necessary to make a second choice, the departmental Electoral Board may form up to four proprietary members and their respective alternates between them, which made up the body in the first election and be contenders in the second round; for its working and decision-making, is governed by provisions of subsection first this article.
The proposals of the members who will complete the departmental Electoral Board, must be submitted to the Court from the call to the second choice.
Political parties or coalitions contenders may propose substitutions in cases where justification."

3 article 2.-replace article 92, thus: "requirements for integrating BoE departmental article 92.-to be a member of the departmental electoral boards is required to be Salvadoran or Salvadoran, older than twenty-one years of age, possess superior level studies, and not have any disabilities mentioned in article 74 and 75 of the Constitution of the Republic nor party affiliation."
Article 3.-replaced article 95, thus: "integration and headquarters of the municipal electoral boards article 95.-the municipal electoral boards will have their headquarters and jurisdiction in the relevant municipality, shall conform with a maximum of five owners members and their respective alternates;" four of them a proposal from those political parties disputing who obtained the largest number of votes in the last legislative election. The fifth will be chosen by lot from among the rest of parties, coalitions and candidates not party, in the case of the latter, they must have the authorization to be enrolled. All of them shall be appointed by the Court.
For the operation and decision-making thereof, it will be necessary to count with the majority of the members; In addition, its Constitution will require a minimum of three proprietary members and their respective alternates; where there is no proposals of candidates or candidates to join the Board, the Court shall appoint persons deemed suitable for this purpose.
The Court should be equitably distributed among the proposals, the charges of President, Secretary, first Vocal, Second Committee and third vowel, with a percentage allocation equivalent to twenty percent of each charge for each instance of the proponent.
The proposals referred to in the preceding paragraph, must occur later than thirty days before the call to elections to the Court train them and credit for the performance of their duties. His appointment, protest and installation will be pursuant to article 115 of this code. In such a case that those who have the prerogative to do so, not have proposed candidates or candidates joined the Board, the Court shall appoint persons deemed suitable for this purpose.
The municipal electoral boards, shall comply in its integration according to the legal registration of coalitions, and political contenders, parties must likewise be limited to propose a proprietary member and an alternate to the body.
When is try of elections for President or President and Vice President or Vice President of the Republic and is necessary perform a second choice, it Board Electoral Municipal is may comply until with four members owners and their respective alternate between them, which integrated the body in it first choice and that are contenders in the second turned; for its operation and takes of decisions, is governed by it willing in the subparagraph first of this article.

4 them proposed of them members that complete the Board Electoral Municipal, must present is before the Court from the call to the second choice.
Those parties political or coalitions contenders may propose substitutions in cases in which has justification.
The municipal electoral boards may appoint delegates or delegate as needed, for each of the voting centers established in municipalities having more than three polling places; such appointments is will make of them proposals made by those parties political that integrate it together Electoral Municipal. He performance of them delegates will have place in the center of vote to which are assigned and their functions are of support to it together Electoral Municipal as organism collegiate, and only will have them functions that expressly sets the law, begin a day before the election, and end a day after these; and shall exercise the voting in the place that them corresponds, according to the record electoral.
"The delegates or delegate will be trained previously by the Court for the correct performance of their functions."

Article 4.-replace article 97, thus: "requirements for integrating Municipal Electoral Board article 97.-to be a member of a Municipal Electoral Board is required to be Salvadoran or Salvadoran, have education medium, more than twenty-one years of age, and not have any disabilities referred to in articles 74 and 75 of the Constitution of the Republic nor party affiliation."
Article 5.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the seven days of the month of July of two thousand sixteen.
LORRAINE GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN ORANTES RODRIGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

5 WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, twenty-eight days of the month of July in the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Ramon Aristides Valencia Arana, Minister of the Interior and Territorial Development.
D. O. N ° 142-volume N ° 412 date: July 29, 2016 SV/adar 25-08-2016 legislative index