Reformed 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 391

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree number 413, dated July 3, 2013, published in Official Journal number 138, Volume N ° 400, July 26, 2013,

the Electoral Code was issued.

II. Electoral and Constitutional Reforms, you will find

developing a process of analysis of a series of possible reforms to the Electoral Code and in this framework, recently, by Legislative Decree number 291, dated February 25, 2016, a reform to the Code

Electoral, to incorporate the relative to the Cross or split vote, implemented for the first time in the Legislative Elections and the Central American Parliament of March 2015.

III.-After the aforementioned reform, it was assessed as necessary, to adapt other articles of the Electoral Code around the new voting mode, so that this exercise and the corresponding scrutiny are facilitated.

IV. By means of these reforms is intended to clarify on the ballot paper, the maximum number of marks that can be made by the elector according to

corresponds to the respective electoral constituency; the name of the candidates and candidates to Alternate members; the correlative numbering of the candidates who own, per party political; how to present in the

ballot papers, the columns corresponding to the political parties according to the draw, and what to do when these do not enrol nominations; as well as other aspects that are in the transparency to be characterized by the

electoral processes.

BY TANTO,

in use of its Constitutional powers and at the initiative of Deputies and Diputados Norma Fidelia Guevara de Ramírios, Alberto Armando Romero Rodríguez, Mario Antonio Ponce Lopez, Nelson de Jesus

Quintanilla Gomez, Mario Alberto Tenorio Guerrero, Julio Cesar Fabian Perez, Rene Alfredo Portillo Cuadra, Cristina Esmeralda Lopez, Norma Cristina Cornejo Amaya, Blanca Rosa Vides, Milton Ricardo Ramirez Garay, Norma Guisela Herrera de Portillo, Yolanda Anabel Belloso Salazar, Luis Alberto Batres Garay and

Francisco José Rivera Chacón and with the support of Deputy Martyr Arnoldo Marin Villanueva.

DECRETA the following:

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REFORMS TO THE ELECTORAL CODE

Art. 1.-Replace Article 186 as follows:

" Features

Art. 186.-Regardless of the type of election in question, on the reverse, the official ballots shall bear the stamp of the Tribunal, the Shield of the Republic, a correlative number of order

by ballot and a number that matches the of the Board of Votes to which it corresponds, with a space for the signature of the Secretary and the seal of the corresponding Board of Votes.

On the front of the ballot will specify the type of election in question, and The spaces in which the name, flag and other distinctive elements will be printed for each party political or coalition, according to the number of candidates with registered entries.

The last three digits of the correlative number corresponding to the order number of the ballots printed on the back of these, must be withdrawn upon being turned over to the voter. For this purpose

the corner in which the last three digits of that number are printed will be drilled. The Secretary or Secretariat of the Board of Votes will be the one who gives off the perforated corner in which the corresponding digits of the correlative number appear, and will place them in a tank specially intended for this purpose.

voting for the different types of election, must be printed no later than twenty days before the elections and as long as they are printed,

will be made available to the parties and coalitions The candidates, as well as the Electoral Surveillance Board, a model of each one of them, according to the election of in order to ensure that these ballots are the symbols and currencies of the competing parties or coalitions, and that

no more or no lack of it on the ballot.

For the elections of Deputies and Members of the Legislative Assembly and the Parliament

Central American, in the drawing up of the ballots, the following rules will also be observed:

a. The front and top of the ballot will indicate the maximum number of marks

that the elector can perform, as appropriate to the respective constituency;

b. Next, the names and flags of each political party or

coalition contender in the order resulting from a draw previously held with the presence of the party or coalition representatives, before the Court, on the date indicated. Each flag will also be printed on the pair of the photographs and names

of their respective candidates or candidates for the Owner or Deputy Owner, and the name of their respective alternates in the order in which they were presented by their respective parties or coalitions, in accordance with the outcome of their internal elections;

c. Each candidate owning with their respective alternate, will be numbered correlatively, per political party;

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d. The spaces that according to the draw, were assigned to the political parties or coalitions that do not register candidacies, will be eliminated and will be redistributed with the

objective to maintain the proportionality of the columns of the parties Political or coalition contenders on the ballot;

e. At the bottom of the ballot, the photographs and the names of the candidates or candidates for a non-partisan Owner or Deputy and the name of their respective alternate shall be printed in the order resulting from a draw;

f. The colors, acronyms, symbols or emblems, tones and designs used by the political parties and the contending coalitions, as well as the indication of the way in which

the name of each of the candidates must be printed on the ballot candidates and candidates, shall be sent before the Court, no later than forty-five days before the elections and verified by them before their printing. In

no cases will be supported by any names or names that do not correspond to the legally registered ones;

g. The political party, coalition or candidate or non-partisan candidate, will present to the Tribunal a recent photograph of size four by four centimeters, in colors and with white background, of each of the candidates or candidates for Deputy or Deputy Owner, which will be used for the elaboration of the ballot, being able to do so in digital form.

If this photograph is not presented within the time limit set by the Court, it will be used that of the Single Document of Identity, not to delay the election calendar; and,

h. In the case of coalitions, the flag of the coalition or the flags of the coalition parties will be placed, and below the photograph and name of each of the candidates or candidates for the Owner and the Owner and the name of their respective alternates,

in the order in which they were presented by the coalition, in the space corresponding to the political party that would have obtained the least number, according to the draw made in accordance with the literal "b" of this article. You must also have a

space for the citizen to mark, if you so wish, the candidate or candidate who gives you preference. In no case may the names, photographs and flags be printed on the same ballot more than once. "

Art. 2.-Replace Article 209 as follows:

" Acts of Acts

Art. 209.-The minutes of closing and counting the Board of Governors of Votes, for each type of election, shall be lifted in forms provided by the Tribunal, in a game constituted by an original sheet and their respective copies perfectly legible, whose number will depend on the number of parties

political, coalitions or non-partisan candidates participating in the election in question, these sheets being distributed like this: the original for the Supreme Electoral Tribunal, the first copy for the Departmental Electoral Board, the second copy for the Prosecutor's Office General of the Republic and successive ones for each political party or contending coalitions, for the Municipal Electoral Board and the Board

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of Electoral Surveillance. Each game will have its sheets in five colors to differentiate them from each other.

Copies intended for political parties or contending coalitions, will be distributed successively according to the order in which they have obtained the largest the number of votes in the previous election, and the following will be distributed among the remaining competing parties or coalitions and candidates

not supporters.

If for the reason of the number of copies to be generated, it is required elaborate more than

a set of minutes by type of election, the Court will regulate such a situation and decide on the distribution mechanism of originals and copies, based on the priorities mentioned in the previous paragraph.

The signatures and stamps must be original; if any watchman is retired prior to the scrutiny, it will be recorded in the

original record must be delivered immediately, without any objection, by the President of the Board of Votes to the person appointed by the Court, who will transmit it by the appropriate means that the Tribunal set, which must be physically moved to the

Processing Electoral Results according to the logistics determined for this purpose. Failure to comply with the above, provided that it is not a fortuitous or force majeure event, will be sanctioned in accordance with the Law.

The transmission process may be witnessed by the Head of the Center that owns or alternates each party. political or coalition, and a delegate of each candidate or non-partisan candidate, as well as the Office of the Attorney General of the Republic and the Board of Electoral Surveillance.

The Tribunal, upon receiving the information from the corresponding closing minutes and scrutiny of each of the Votos ' Receiving Boards, shall immediately carry out the processing of the data of the votes

duly assigned to each political party, coalition and non-partisan candidates, in order to perform a provisional quick count of the election ".

Art. 3.-Reform the letter f and create a letter g, in the first paragraph of article 217 as follows:

" Art. 217.-

f. When there is a tie between candidates or candidates of the same political party or

coalition for having obtained equal number of marks of preference, the order presented by the party or coalition shall be respected, in accordance with the result of internal elections; and,

g. Having determined the number of seats corresponding to each political party or coalition in each department, the Court will determine the ranking

of the elected deputies and deputies as follows:

i. The Court will assign the seats, taking into account the results of the highest number of marks in favor of candidates and candidates, taking

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account of the entire list; and,

ii. Exhausted the procedures that clearly define the allocation of the deputies and elected representatives based on the marks of preference expressed by the voters, and if they will still be seats to assign, will be applied in form

the order in which the candidates were entered by the party or the candidate coalition. "

Art. 4.-Create article 291-A with the following content:

Prohibition of Election Rules Prior to Elections

Art. 291-A.-One year before any election is held, no modification shall be permitted to the rules governing the electoral process, except those that are strictly necessary

to execute 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 HALL OF THE LEGISLATIVE PALACE: San Salvador, at twenty-six days of May of the year 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.

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.

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PRESIDENTIAL HOUSE: San Salvador, at twenty-one day of the month of June 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 ° 115 Took N ° 411 Date: June 22, 2016

SP/pch 14-07-2016

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