Reform The Electoral Code.

Original Language Title: Refórmase el Código Electoral.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 421

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 413 dated July 3, 2013, published in Official Journal No. 138, Volume N ° 400, of the 26th of that same month and year, the Electoral Code was promulgated.

II. Articles 91 and 95 of the Electoral Code, establish the way in which the Electoral Boards will be integrated Departmental and Municipal Electoral Boards respectively; establishing as a general rule that they will be integrated with a maximum number of five owners and their respective alternates; four of them participate in their own right proposal of those competing political parties which have obtained the highest number of votes in the last election of the same type in which they have participated, and the fifth is chosen by lot from among the other parties or coalitions that have participated in the same election, have obtained legislative representation.

III. The Constitutional Court of the Supreme Court of Justice, in the process of unconstitutionality with reference 139-2013, issued a judgment indicating that the rule cited in the previous recital, establishes an inequitable negative treatment implicit In the case of political parties with no legislative representation to run members of the temporary electoral bodies, the Legislative Assembly was supposed to issue the reform that would make it possible for political parties to contest, regardless of the fact that whether or not they have legislative representation, and non-partisan candidates, can To propose citizens to be the fifth member of the departmental, municipal and vote-receiver boards.

IV.-That the said sentence also pointed out that, while the political parties have, as established in the Article 209 of the Constitution, the power to propose to people to form temporary electoral bodies, this does not mean that they should be affiliated with them; therefore, political parties will have to propose citizens without party affiliation to integrate these organisms.

BY TANTO,

in use his Constitutional faculties and at the initiative of Deputies and Diputados Norma Fidelia Guevara of Ramírios, Alberto Armando Romero, Mario Antonio Ponce Lopez, Julio Cesar Fabian Perez, Nelson de Jesus Quintanilla, Mario Alberto Tenorio Guerrero, Luis Alberto Batres Garay, Yolanda Anabel Belloso Salazar, Jose Vidal Carrillo Delgado, Reynaldo Antonio Lopez Cardoza, Jose Francisco Merino Lopez, Jose Alfredo Miron Ruiz and Rodolfo Antonio Parker Soto.

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DECCRETA, the following:

ELECTORAL CODE REFORMS

Art. 1.-Replace Article 91, as well:

" Integration and Headquarters of Departmental Electoral Boards

Art. 91. The Departmental Electoral Boards shall have their seat in the Departmental Header with jurisdiction in their respective Departments. They shall be made up of a maximum number of five members and their respective alternates; four of them participate in their own right, on the proposal of those competing political parties that have obtained the highest number of votes in the last legislative election. The fifth will be chosen by drawing from among the other parties, coalitions and non-party candidates, in the case of the latter, they must have the authorization to be registered. All of them will be appointed by the Tribunal.

For the operation and decision-making, it will be necessary to have the majority of the members. The Departmental Electoral Boards may be constituted with a minimum of three members and their respective alternates.

The Tribunal shall distribute equally among the proposals, the positions of President, Secretary, First Vocal, Second Vocal, and Third Vocal, with a percentage allocation equal to twenty per cent of each charge for each proposing instance.

The proposals referred to in the preceding paragraph shall be submitted no later than 30 days before the call for elections in order to enable the Tribunal to train and accredit them for the exercise of their duties. Your appointment, protest and installation will be done in accordance with the provisions of Article 115 of this Code. In the event that those who have the prerogative to do so would not have proposed candidates or candidates to join the Board, the Tribunal will appoint the persons it deems fit for this purpose.

The Departmental Electoral Boards, be adjusted in their integration according to the legal registration of political coalitions and political parties, as well as be limited to proposing an owner and an alternate member, before the body.

When it comes to elections for President or President and Vice President or Vice-President of the Republic a second election, the Departmental Electoral Board will be able to form up to four members and their respective alternates between them, those who integrated the body in the first election and who are contenders in the Second round; for its operation and decision-making, it will be governed by the provisions of the first paragraph of this article.

The proposals of the members that will complete the Departmental Electoral Board must be presented to the Court from the call to the second election.

The political parties or Competing coalitions may propose replacements in cases where there is justification. "

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Art. 2.-Replace Article 92, as follows:

" Requirements for Integrating Departmental Electoral Board

Art. 92. To be a member of the Departmental Electoral Boards, it is necessary to be Salvadoran or Salvadoran, over twenty-one years of age, to have higher level studies, and not to have any of the skills mentioned in Article 74 and 75 of the Constitution of the Republic and no party affiliation. "

Art. 3.-Replace Article 95, as well:

" Integration and Headquarters of Municipal Electoral Boards

Art. 95.-The Municipal Electoral Boards shall have their seat and jurisdiction in the corresponding municipality, shall be formed with a maximum of five members and their respective alternates; four of them on the proposal of those political parties contenders who have obtained the highest number of votes in the last legislative election. The fifth will be chosen by drawing from among the other parties, coalitions and non-party candidates, in the case of the latter, they must have the authorization to be registered. All of them will be appointed by the Tribunal.

For the operation and decision-making of the same, it will be necessary to have the majority of the members; likewise, for its constitution a minimum of three members will be necessary owners and their respective alternates; in the event that there are no proposals from candidates or candidates to integrate such a Board, the Tribunal shall appoint the persons it considers fit for that purpose.

The Court shall distribute equally among the proposals, the posts of President, Secretary, First Vocal, Second Vocal and Third Vocal, with a percentage allocation equal to twenty per cent of each charge for each proposing instance.

The proposals referred to in the preceding paragraph shall be submitted no later than 30 days before the call for elections in order for the Court to train and accredit them for the performance of their duties. Your appointment, protest and installation will be done in accordance with the provisions of Article 115 of this Code. In the event that those who have the prerogative to do so would not have proposed candidates or candidates to join the Board, the Tribunal will appoint the persons it deems fit.

The Municipal Electoral Boards must be adjusted. in their integration according to the legal registration of coalitions, and political parties contenders, as well they should limit themselves to propose an owner member and an alternate, before the agency.

When it is elections for President o President and Vice-President or Vice-President of the Republic and necessary to carry out a second election, the Municipal Electoral Board may be formed with four members and their respective alternates, including those who joined the body in the first election and who are contenders in the second round; for its operation and decision-making, it will be governed by the provisions of the first paragraph of this article.

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The proposals of the members to complete the Municipal Electoral Board shall be submitted The Court from the call to the second election.

The political parties or the contending coalitions may propose substitutions in cases where there is justification.

The Municipal Electoral Boards may appoint the delegates or delegates necessary, for each of the centres of The elections will be held in the municipalities that have more than three polling stations; these appointments will be made of the proposals made by the political parties that will be part of the Municipal Electoral Board. The performance of the delegates will take place in the voting center to which they are assigned and their functions are of support to the Municipal Electoral Board as a collegiate body, and will only have the functions that expressly establishes the Law, start a day before the election, and end a day after the election; and they will exercise the vote in their rightful place, according to the electoral register.

Delegates or delegates will be trained in advance by the Tribunal for the correct performance. of his/her duties. "

Art. 4.-Replace Article 97, as follows:

" Requirements for Integrating Municipal Electoral Board

Art. 97. To be a member of a Municipal Electoral Board, it is necessary to be Salvadoran or Salvadoran, to have studies of average education, over twenty-one years of age, and not to have any of the disabilities mentioned in Articles 74 and 75 of the Constitution of the Republic and no party affiliation. "

Art. 5.-This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the seven days of July of two thousand sixteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

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GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the twenty-eight days of July of the year two thousand sixteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Ramón Aristides Valencia Arana, Minister of Government and Territorial Development.

D. O. N ° 142 Took N ° 412 Date: July 29, 2016

SV/adar 25-08-2016

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