Reformed 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-1/archivo_documento_legislativo



1 DECREE No. 391

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- by Legislative Decree No. 413, dated July 3, 2013, published in the Official Journal number 138, Volume No. 400 of July 26, 2013, was issued
the Electoral Code.
II.- That the Commission on Electoral and Constitutional Reforms, is
developing a process of analyzing a number of possible amendments to the Electoral Code and in this context, recently, by Legislative Decree No. 291, dated 25 February 2016, was approved an amendment to the Electoral Code
to incorporate regard to cross or split vote, first implemented in the legislative elections and the Central American Parliament March 2015. III.-
then of that reform, it was assessed as necessary, adjust other items of the Electoral Code regarding the new method of voting, so that this exercise and the corresponding scrutiny is provided.
IV.- That through these reforms is intended to clarify the ballot, the maximum number of brands that can perform according
elector corresponds to the respective constituency; the name of the candidates to alternate deputies; the consecutive numbering of proprietary applications, for political party; how to present in the
ballots, corresponding to the political parties according to the draw columns, and what to do when they do not enroll candidates; and other aspects that result in transparency that should characterize the
electoral processes.
THEREFORE,
in exercise of its constitutional powers and initiative of the deputies Norma Guevara Ramirios Fidelia, Alberto Armando Romero Rodriguez, Mario Antonio Lopez Ponce, Nelson Quintanilla
Jesus Gomez, Mario Alberto Tenorio Guerrero, Julio Cesar Fabian Perez Rene Portillo Alfredo Cuadra, Cristina López, Norma Cristina Cornejo Amaya, Blanca Rosa Vides, Milton Ricardo Ramírez Garay, Norma Portillo Guisela Herrera, Anabel Belloso Yolanda Salazar, Luis Alberto Batres Francisco Garay and
Jose Rivera Chacon and with the support of Deputy Arnoldo Martyr Marin Villanueva.
DECREES the following:

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ELECTORAL REFORMS TO THE CODE Art. 1. Replace Article 186 as follows:
"Features
Art. 186. Regardless of the type of election concerned, on the reverse, official ballots printed bear the seal of the Court, the Shield of the Republic, a correlative order number
by ballot and a number that matches the of a polling station that corresponds with a space for the signature of the Secretary and the seal of the corresponding Receiving Board Votes.
On the front of the ballot the type of election concerned shall be specified, and the spaces in which the name will be printed, the flag and other distinctive elements for each political party or coalition they will be allocated according to the number of contenders with registered candidates.
The last three digits of the serial number corresponding to the order number of ballots printed on the back thereof, it shall be removed to be delivered to the voter. To this end
the corner where the last three digits of the number are printed will be drilled. The Secretary or Secretary will Vote Receiving Board who tear off the perforated corner appear referrals digit serial number, and place them in a container specially designed for it.
The ballots for different types of choice, must be printed later than twenty days before the holding of elections and the extent to which it is printed,
be made available to the parties and contenders, as well as the Electoral Oversight Board, a model of each coalitions, according to the election in question, so that they find that an in such ballots symbols and badges parties contending coalitions are and that
not have any more or missing on the ballot paper.
For the elections of Members of Parliament to the Legislative Assembly and the Central American Parliament
in the preparation of the ballots also observe the following rules:
a. On the front and at the top of the ballot the maximum number of marks
you can perform the elector shall indicate, as appropriate to the respective constituency;
B. Then will print the names and flags of each political party or

Contender in the order resulting from a drawing done previously with the presence of representatives of parties or coalitions before the Court on the date it indicates coalition. Each banner will also be printed on a par with the pictures and names of their respective
candidates or candidates of deputy Owner, and the name of their respective alternates in the order they were presented by their respective parties or coalitions of according to the results of its internal elections;
C. Each owner candidacy with their respective alternates shall be numbered consecutively, by political party;

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d. The spaces according to the draw, were allocated to political parties or coalitions that fail to register candidates will be eliminated and will be redeployed to the
order to maintain the proportionality of the pillars of political parties contending coalitions on the ballot;
E. At the bottom of the ballot, photographs and names of the candidates or candidates of deputy Propietaria non-partisan and his alternate name in the resulting order of a drawing are printed;
F. The colors, stands, badges or emblems, colors and designs used by political parties and coalitions contestants, as well as indicating how
must be printed on the ballot the name of each of the candidates, will be previously submitted to the Court not later than forty-five days before the holding of elections and verified by them before printing. In any case
nicknames or names that do not correspond to the legally registered will be admitted;
G. The political party, coalition or candidate nonpartisan deliver to the Tribunal a recent photograph of size four by four centimeters, to colors and white background, each of the candidates or candidates of deputy Propietaria, which will be used for the preparation of the ballot may do so digitally.
If this photograph is not filed within the deadline set by the Court, it will use the single identity document, in order not to delay the electoral calendar; and
h. In the case of coalitions, the flag of the coalition or the flags of the coalition parties, and under the picture and name of each candidate or candidates of deputy owner and the name of their alternates will be placed, || | in the order they were presented by the coalition in the space corresponding to the political party that had obtained the least number, according to the draw made in accordance with paragraph "b" of this Article. It must also have a
space so that citizens can dial, if desired, the candidate who gives preference. In any case it may be printed on one ballot paper more than once the names, photographs and flags. "
Art. 2. Replace Article 209 as follows:
"
Art Forms Acts. 209. The minutes of closing and counting of Vote Receiving Board, for each type of election, will be lifted on forms provided by the Court, in a game consisting of an original sheet and their respective legible copies, whose number will depend on the
number of parties political, nonpartisan coalitions or candidates contenders participating in the election in question, these sheets being distributed as follows: the original for the Supreme Electoral Tribunal, the first copy to the Departmental Electoral Board, the second copy for the Attorney General of the Republic and subsequent to each political party or coalition contenders for the Municipal Electoral Board and the Board

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Electoral Oversight. Each game will hold their leaves in five colors to differentiate each other.
Copies intended for political parties or coalitions contending be distributed successively in the order in which they have obtained the most votes in the previous election, and the following will be distributed among the other parties or coalitions and candidates contending
no supporters.
In case because of the number of copies to be generated, required more than
develop a set of records by type of election, the Court shall regulate such a situation and decide on the mechanism of distribution of originals and copies, based on the priorities cited in the preceding paragraph.
The signatures and seals must be original; if some vigilante retire before the election, it will be recorded in the same record.

The original certificate must be delivered immediately, without any objection by the Chairman of the Board Votes to Receiving the person designated by the Court for transmission by appropriate means that the Court established, which must be physically transferred the National Center for Processing Election Results
according to the specific logistics for it. Failure of the above, who is not always fortuitous or force majeure shall be punished according to the law.
The transmission process can be witnessed by the Head of Centre or alternate owner of each political party or coalition, and one delegate from each candidate or nonpartisan candidate, as well as the Attorney General of the Republic and the Electoral Oversight Board.
The Court, upon receiving information from the minutes of closing and counting of each of the polling stations, will make immediate computer processing of the votes
valid properly allocated to each political party, coalition and non-partisan candidates contending in order to conduct a quick count provisional election ".
Art. 3. reformed the letter fy believe it a letter g, in the first paragraph of Article 217 as follows:
"Art. 217.
f. When equally divided between candidates or candidates of the same political party or coalition
have obtained an equal number of marks preferably the order presented by the party or coalition, according to the result of internal elections be respected; and
g. Having determined the number of seats for each political party or coalition in each department, the Tribunal shall determine the priority
of Deputies and Deputies elected as follows:
i. The Court will allocate the seats, following the results from highest to lowest amount of marks for the candidates, taking

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into account the whole list; and ii
. When the procedures that clearly define the allocation of Deputies and Deputies elected based on preferred brands expressed by the voters, and if there were still seats to be allocated, would be enforced
extra, the order in which they were candidates registered by the party or coalition candidate. "
Art. 4. Create the Article 291-A with the following contents:
"Ban Prior to Elections Election Rules
Art. 291-A.- A year before any election held, no change will be admitted to the rules governing the electoral process, except those which are strictly necessary
to run any aspect of the election.
" Art. 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, this twenty-sixth day of May in the year two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.

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PRESIDENTIAL HOUSE: San Salvador, on the twentieth day of June of the year two thousand and sixteen.
Published, Salvador Sanchez Ceren,
President of the Republic.
Ramon Aristides Valencia Arana, Minister of Interior and Territorial Development.
OJ No. 115 Volume No. 411 Date: June 22, 2016
SP / pch 07/14/2016
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