Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 1
DECREE NO 291
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That, by means of the Supreme Court of Justice's Constitutional Court, issued in the Process of Inconstitutionality 48-2014, dated 5 of
November 2014, the unconstitutionality of the Constitution was declared. the first part of the statement of Article 185 (3); and point (c) and the first part of the Article 207 (d), both articles of the Electoral Code; referred to the
prohibition of cross-voting and the declaration of nullity in cases where it will employ this modality.
II.-That the said judgment also established that the Legislative Assembly, before the expulsion of the legal order of the articles referred to above, must update the normative content of the free character of the vote and the effects that it
will produce in the allocation of seats, guaranteeing the system of proportional representation.
III.-Article 78 of the Constitution of the Republic, establishes that the vote is
free, direct, equal and secret; and that the second paragraph of Article 79 of the Constitution states that for elections of Deputies the system of proportional representation is adopted.
IV. in order to update the normative content of the free character of the vote and the compliance with the constitutional provisions cited, it is necessary
to carry out reforms to the Electoral Code.
BY TANTO,
in use of its faculties Constitutional and at the initiative of Deputies and Diputados Norma Fidelia Guevara of Ramírios, Alberto Armando Romero Rodriguez, Mario Antonio Ponce Lopez, Jackeline Noemi
Rivera Avalos, Nelson de Jesus Quintanilla Gomez, Mario Alberto Tenorio Guerrero, Julio Cesar Fabian Perez, Rene Alfredo Portillo Cuadra, Lorenzo Rivas Echeverria, Cristina Esmeralda López, Norma Cristina Cornejo Amaya, José Francisco Merino López, and the Deputies and Diputados of the legislative period
2012-2015, Douglas Leonardo Mejia Avilés, Mario Eduardo Valiente Ortiz, Mariela Peña Pinto, Dennis Córdoba and José Rinaldo Garzona Villeda.
DECRETA the following:
REFORMS TO Electoral CODE
Art. 1.-Replace Article 185 as follows:
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 2
" Ballots and forms of voting
Art. 185.-Citizens will cast their ballots by means of official ballots, which the respective Votos Receiving Boards will make available to them at the time of voting, and will do so as follows:
a For the election of President or President and Vice President or Vice President of the Republic, and Municipal Councils, marking on the flag of the party or coalition
by whose candidates cast their vote; and,
b For the election of deputies and deputies to The Legislative Assembly and the Parliament
Central American, may mark this way:
i. Marking on the flag of the party or coalition by whose candidates it issues
the vote;
ii. Marking the flag of a party or coalition and about one, several
or all candidates or candidates proposed by a competing party or coalition;
iii. Marking on the photograph of one, several or all candidates or candidates
proposed by a challenger party or coalition;
iv. Marking on the photograph of a candidate or a non-partisan candidate; and,
v. Marking on the photograph of candidates and candidates from different political parties, coalitions or non-party candidates, up to a maximum of
preferences equivalent to the seats of the respective electoral constituency. "
Art. 2. -Replace Article 197 as follows:
" Vote Issue
Art. 197.-Each citizen or citizen corresponds to only one vote.
The citizen or citizen, being alone, will be granted the time necessary to mark their
ballot and deposit it at the appropriate place.
In the elections Presidential and Municipal, the vote will be expressed by making any mark that
unequivocally indicates their preference, over the banner of the political party or coalition.
In the legislative and parliamentary elections and Central American Parliament, all
votes in favor of a political party, coalition, or Non-party applications, whether whole or the result of the sum of fractions, shall be used to determine the amount of seats corresponding to them according to the ratio and corresponding higher residue.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 3
The departmental constituency and in the case of the Central American Parliament, the national constituency will be used.
The marks in favor of certain candidates will be registered as preferences to the respective candidates and candidates, and will be added by the Supreme Court. Election at the hour
of allocating seats won by a party political or coalition.
Immediately after you have voted, the first voice of the Board will verify that the
citizen signs or makes its mark on the signature register, as the case may be, which must be enforced, Under penalty of penalty according to Article 232 of this Code, you will then place a visible and indelible mark preferably on the thumb of your right hand, which
indicates that you have already cast your vote. The one who will be lacking both hands will be made a mark in a visible place of his body and will be returned to his Unique Document of Identity. "
Art. 3. -Replace Article 200 as follows:
" Closing and Scrutiny Act
Art. 200.-The voting and the place of the vote, the members of the Vote-receiving Boards with the presence of the political parties ' vigilantes or the contending coalitions, will lift the closing act and preliminary scrutiny. which will proceed as follows:
a. The remaining and unused ballots shall be counted if any, and the number of each of them shall be entered in the minutes in the corresponding spaces of the form,
after which all the leftovers shall be inused, package and save them;
b. They shall then proceed to open the vote, and shall then separate and count the votes in favour of each challenger, the contested votes, the null votes and the abstentions; they shall also take into account the set in
article 186 of this Code;
c. In the case of the legislative elections and the Central American Parliament, they will do the
separation and counting of votes as follows:
i. Valid whole votes in favor of each political party, coalition or candidacy
not party;
ii. The total ballots with cross votes;
iii. In the case of cross-votes, the total marks must be entered on each ballot and the total marks obtained by each political party, coalition or
non-partisan candidacy; and,
iv. Then, they will add the preferences, both the contained in the entire votes as in the split votes, in favor of each political party candidacy,
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 4
non-partisan coalition or candidacy as appropriate.
d. This will continue with the lifting of the minutes, in which it will be stated the incidents of the vote and the challenges that will be made, the one that will finally sign and seal the members of the Board, and will sign the vigilantes in
functions or coalitions if they want to, for which they will occupy the corresponding form provided by the Court; and,
e. The Tribunal shall be responsible for adding the voting fractions contained in the closing and counting minutes and their respective folios, in favor of each political party, coalition or non-partisan candidacy in the respective electoral constituency, as indicated in
article 214-A.
The Tribunal will be able to make available to the Votos Receiving Boards, technological systems
to facilitate the preliminary scrutiny and the transmission of the respective minutes, ensuring the physical support of the minutes according to the laid down in Article 209 (1). '
Art. 4. -Replace Article 201 as follows:
" Order of Scrutiny and the Uprising of Minutes
Art. 201.-The scrutiny and lifting of the minutes corresponding to each Board of Votes, shall be carried out in full, in the following order:
1 ° Election of President or President and Vice-President or Vice-President of the Republic;
2nd Election of Deputies and Deputies to the Legislative Assembly;
3rd Election of Deputies and Diputados to the Central American Parliament; and,
4 ° Election of Municipal Councils.
Failure to comply with the established order previously, will be sanctioned by the Court, of
compliance with article 232 of this Code. "
Art. 5. -Replace Article 202 as follows:
" Content of the Closing and Scrutiny Act
Art. 202.-In the minutes of closing and preliminary scrutiny to raise the Votes Receiving Boards, it must be stated:
a. The total number of ballots that they received, expressing their numbering and correlativity;
b. Total ballots given to voters;
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 5
c. The total valid votes cast in favor of each political party or coalition contender;
d. In the case of legislative elections and the Central American Parliament, the minutes shall also contain:
i. Space to register valid whole votes in favor of political parties or competing coalitions and non-partisan candidates;
ii. Space to record the total number of cross-votes cast on that Vote-Receiving Board;
iii. Space to record the total number of marks on each ballot, which constitutes the amount of fractions in which the citizen split their vote;
iv. Space to record the amount of voting fractions each political party received, coalition or non-partisan candidate, coming from cross-votes on each ballot; and,
v. Space to record preferences obtained by each candidate or candidate, provided those preferences are established in accordance with Article 205.
e. The total null votes;
f. The total abstentions;
g. Total contested votes;
h. Total unused ballots;
i. The total number of overcast ballots;
j. The total missing ballots if any, indicating the reason;
k. The number of voters sealed or marked on the signatures register, referred to in the final paragraph of Article 197 of this Code;
l. Incidents that have occurred during the voting process and the vote count if any; and,
m. The other circumstances indicated by this Code. "
Art. 6.-Replace Article 205 as follows:
" Valid Votes
Art. 205.-They will be understood as valid votes in favor of each political party or coalition
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 6
contender, those who meet the requirements of Law, and that the will of the voter is clearly determined by any mark on the flag.
In the election of Deputies and Members of the Legislative Assembly and the Central American Parliament, the following valid votes shall be counted as valid votes:
a. If the brand was conducted solely on the banner of the political party or coalition challenger, or non-partisan candidacy, it will be taken as an entire vote, which will serve
to define the number of seats won by the party or coalition. postulant. In this case preference will not be added to any of the candidates and candidates;
b. If the mark was made on the flag and all the ballot box of candidates or candidates of the same political party or coalition, it will constitute a valid whole vote to define the number of seats won by the party or coalition candidate. In this case
no preferences will be added to any of the candidates and candidates;
c. If the mark was made on the entire list of candidates or candidates of the same
political party or coalition, without marking the flag, which will constitute a valid whole vote to define the number of seats won by the party or Coalition candidate. In this case, no preferences will be added to any of the candidates and candidates;
d. If the mark was made on one or more of the candidates or candidates of the same political party or coalition, which will constitute a valid whole vote to define the number of seats won by the party or coalition candidate and, In addition,
will indicate the preference or preferences in favor of the candidates and candidates proposed, to determine the order in which the seats obtained by each political party or coalition will be assigned. The above will not be modified if the citizen or citizen will also mark
the flag;
e. If the mark was made on one of the non-partisan candidates or candidates; and,
f. If cross-voting is issued, that is, if nominations are made from different political parties, coalitions or non-party candidates, provided the marks are clearly defined
up to a maximum of marks equivalent to the seats of the the relevant electoral constituency. In this case, the value of the vote must always be one, that is, the sum of the fractions in which the vote is divided, cannot
be in any case lower or higher than the unit. Each brand must also be added as a preference for each candidacy as appropriate.
If the marks or marks are made, they will not allow the preference to be clearly established for candidates or candidates on the same payroll. shall only be taken as a valid whole vote and shall not constitute a preference. '
Art. 7.-Replace Article 207 as follows:
" Null Votes
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 7
Art. 207.-The vote will be null in the following cases:
a. When on the ballot paper clearly marked the intention of voting in two or more political party flags or competing coalitions;
b. When a flag of a political party or coalition and a non-partisan candidate or candidate has been flagged;
c. When a flag of a political party or coalition has been flagged, and in addition a candidate or candidate of a different political party or coalition;
d. In case of cross-votes, the number of marks exceeds the number of seats corresponding to the constituency;
e. If the order numbering appearing on the ballot does not correspond to the numbering of the ballots received by the Receiving Board, where the vote has been deposited;
f. When the ballot paper has not been delivered to the voter by the appropriate Vote Receiving Board;
g. If the ballot is maimed at the essentials of its content; and,
h. If the ballot contains obscene words or figures.
The typographical error in the drawing of the ballot paper will not be cause of voiding.
No vote will be void when two or more of the ballots have been marked on the ballot. flags of the parties between which there is a legally registered coalition; and in that case, the coalition vote will be counted in favor
, and will be awarded for the purposes of the vote, to the coalition party that has fewer votes. on the respective Board of Votes. "
Art. 8.-Create article 214-A as follows:
" Cross-Vote Scrutiny
Art. 214-A.-The Court will develop cross-vote scrutiny, using computer systems, under the following procedure:
a. It will take from the Closing and Scrutiny Act of the Board of Votes in question, the amount corresponding to the total cross-vote ballots that would have been
issued on that Board;
b. Verify that the total number of non-party political parties, coalition or non-party candidates reported for each ballot with cross-vote does not exceed the number of
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 8
marks allowed in the constituency concerned, all of which will make the number of marks of each candidature corresponding to the parties, coalitions
or non-party candidates entered in the closing and scrutiny act of the Voted Board of Directors;
c. It will divide the unit of each vote among the amount of marks contained in each ballot with cross-vote, reported in the closing and scrutiny minutes of the Votos Receiving Board. The result of this split will be the numeric value of each cross-vote mark.
This operation will be performed for each of the ballots;
d. The numerical value of each brand, will be multiplied by the number of marks that each
political party, coalition or non-party candidates obtain on each ballot with a cross vote. The product of each multiplication, will be the amount of the vote that corresponds to each party, coalition or non-party candidacies, coming from the
ballots with cross vote;
e. The votes calculated in the manner described in the preceding literal, shall be added to the votes
valid integers obtained by each party, coalition or non-party candidacies, reported by the same Board of Votes in question, thus obtaining the total valid votes corresponding to each party, coalition or non-party candidates on the said Board of Vote;
f. The valid votes established for each party, coalition or non-party candidates, will be consolidated for the election of deputies and deputies to the Legislative Assembly, to
departmental level; and for the election of deputies and deputies to the Central American Parliament, at national level; and,
g. With the foregoing, the Tribunal shall proceed to the allocation of seats, in accordance with Article 217 of this Code. "
Art. 9. 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 twenty-fifth day of February 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,
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
____________________________________________________________________ 9
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.
CASA PRESIDENTIAL: San Salvador, at seventeen days of the month of March of the year two thousand sixteen.
PUBESLOSE, Salvador Sánchez Cerén,
President of the Republic.
Ramón Aristides Valencia Arana, Minister of Government and Territorial Development.
D. O. N ° 55
Took N ° 410 Date: March 18, 2016
FN/geg 18-04-2016
___________________________________________________________________ LEGISLATIVE INDEX
