Items Reformed. 185, 197, 200, 201, 202, 205, 207, And Joins An Art. 214-A Electoral Code.

Original Language Title: REFÓRMASE LOS ARTÍCULOS. 185, 197, 200, 201, 202, 205, 207, Y SE INCORPORA UN ART. 214-A DEL CÓDIGO ELECTORAL.

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



1 DECREE No. 291

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- by a judgment of the Constitutional Chamber of the Supreme Court of Justice, issued in Process unconstitutional 48-2014, dated 5 November 2014
, the unconstitutionality of the first part of the sentence of paragraph 3 of Article 185 declared; and letter c and the first part of the letter d of Article 207, both articles of the Electoral Code;
referring to the ban on cross voting and declaration of nullity in cases where employ this method.
II.- that judgment also ruled that the Legislature, before the expulsion of the legal system of the aforementioned items, you must update the normative content of free character of the vote and the effects it will produce in
allocation of seats, guaranteeing proportional representation system.
III.- That Article 78 of the Constitution of the Republic establishes that voting is
free, direct, equal and secret; and that the second paragraph of Article 79 of the Constitution states that elections of deputies proportional representation system is adopted.
IV.- That in order to update the normative content of free character of the vote and compliance with the constitutional provisions cited, it is necessary
reforms to the Electoral Code.
THEREFORE,
in exercise of its constitutional powers and initiative of the Members of Parliament Norma Guevara Ramirios Fidelia, Alberto Armando Romero Rodriguez, Mario Antonio Lopez Ponce, Jackeline
Noemi Rivera Avalos, Jesus Nelson Quintanilla Gomez, Mario Alberto Tenorio Guerrero, Julio Cesar Fabian Perez Rene Portillo Alfredo Cuadra, Lorenzo Rivas Echeverria, Cristina López, Norma Cristina Cornejo Amaya, José Francisco Merino Lopez, and the deputies of the legislative period 2012-2015
Douglas Leonardo Mejia Aviles, Mario Eduardo Valiente Ortiz, Mariela Peña Pinto, Dennis Rinaldo Garzona Cordoba and Jose Villeda.
DECREES the following: ELECTORAL CODE REFORMS

Art. 1. Replace Article 185 as follows:

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"Ballots and voting forms
Art. 185. Citizens will vote through official ballots, the respective polling stations shall make available at the time of voting, and will do so as follows:
For the election of a President or President and Vice-President of the Republic, and Municipal Councils, marking on the flag
by party or coalition whose candidates cast votes; and b
For the election of Members of Parliament to the Legislative Assembly and the Central American Parliament
may well mark:
i. Marking on the flag of the party or coalition whose candidates issued
the vote;
Ii. Marking the flag of a party or coalition and the photograph of one, several or all
candidates or candidates nominated by a party or coalition contender;
Iii. Marking on the photograph of one, several or all candidates or
nominated by a party or coalition candidates contender;
Iv. Marking on the photograph of a candidate or a non-partisan candidate; and
v. Marking on the photograph of the candidates of different political parties, coalitions or nonpartisan candidates, up to
equivalent to the seats of the respective constituency preferences. "
Art. 2. Replace Article 197 as follows:
"
voting Art. 197. Each citizen or citizen corresponds only one vote.
As a citizen, being alone, it will be granted the necessary time to mark your ballot and deposit
into place.
In the presidential and municipal elections, the vote will be expressed by any brand
unequivocally indicate your preference on the flag of the political party or coalition.
In the legislative elections of Members of Parliament and the Central American Parliament,
all the votes in favor of a political party, coalition, or non-partisan candidates, whether whole or the result of the sum of fractions used to determine the number of seats due to them according to the ratio and corresponding higher residue.

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In the legislative elections departmental constituency will be used and in the case of the Central American Parliament, the national constituency will be used.

Marks contained in favor of certain candidates, preference will be recorded as the respective candidates, and will be added by the Supreme Electoral Tribunal
when allocating the seats won by a political party or coalition.
Immediately after you have voted, the first member of the Board shall verify that the firm
citizen or put their mark on the standard signature, as the case, which must necessarily be fulfilled, under penalty according to Article 232 of this Code; then you put a visible and indelible mark preferably in the thumb of his right hand, which indicates
already issued the vote. At that persons without both hands he will make a mark in a visible place in your body and returned their single identity document. "
Art. 3. Replace Article 200 as follows:
"Closing Act and Scrutiny
Art. 200. After the vote, in place of it, members of the polling stations in the presence of the watchers of political parties contending coalitions raise the minutes of closing and preliminary scrutiny, for which will come from as follows:
a. They count the remaining ballots and unused if any, and the number of each of these are recorded in the minutes in the spaces of the form,
after which we will proceed to put all the leftovers, package them and save them;
B. They then proceed to open the deposit of the vote, and then they will separate and count the votes for each contestant, of the challenged votes of invalid votes and abstentions; They must also take into account the provisions of Article 186
of this Code;
C. In the case of legislative elections and the Central American Parliament, will make the
separation and counting of votes as follows:
i. The whole valid votes for each political party, coalition or
nonpartisan candidate;
Ii. The total number of ballots with votes crusaders;
Iii. In the case of votes crusaders, must state the total marks on each ballot and the total marks obtained by each political party, coalition or
nonpartisan candidate; and iv
. Then they add preferences, both contained in whole votes and the votes split, in favor of each political party candidacy,

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nonpartisan coalition or nomination as appropriate.
D. Concluded the above will continue with the lifting of the minutes, which shall be recorded incidents of voting and challenges that may be made, which ultimately will sign and seal the Board members, and sign vigilantes acting
parties or coalitions if they want to, for what will take the appropriate form provided by the Court; and
e. The Tribunal will be responsible for adding the fractional votes contained in the minutes of closing and counting and their folios, for each political party, coalition or party candidacy in the respective constituency, as indicated in the
Article 214-A.
The Court may make available to the polling stations, technological systems that facilitate
preliminary scrutiny and transmission of the respective acts, ensuring the physical backing of the proceedings as set out in paragraph 1 of Article 209. "
Art. 4. Replace Article 201 as follows:
"Scrutiny and Order Act
Uprising Art. 201. The lifting of scrutiny and for each polling station minutes, will be held completely in the following order:
1 Election of Chairperson and Vice-President of the Republic;
2nd Election of Members of Parliament to the Legislative Assembly;
3rd Election of Deputies and Deputies to the Central American Parliament; and
4th Election of Municipal Councils.
Failure of the established order above shall be punished by the Court of
under Article 232 of this Code. "
Art. 5. Replace Article 202 as follows:
"Contents of the Act of Closing and Counting
Art. 202. In the closing minutes of preliminary scrutiny and lift the polling stations, it should be stated:
a. The total number of ballots they received, expressing numbering and correlative;
B. The total number of ballots issued to voters;

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c. The total valid votes cast for each political party or coalition contender;

D. In the case of legislative elections and the Central American Parliament, the report must also contain:
i. Space to record the whole valid votes for political parties or candidates contending coalitions and non-partisan;
Ii. Space to record crossed the total amount of votes cast in that polling station;
Iii. Space to record the total number of marks on each ballot, which is the number of fractions in which the citizen split their vote;
Iv. Space to record the amount of fractional votes received by each political, non-partisan coalition or candidate, crossed from votes on each ballot party; and
v. Space to record the preferences obtained by each candidate, provided that such preferences are established under Article 205.
e. The total number of invalid ballots;
F. The total number of abstentions;
G. The total votes challenged;
H. The total number of unused ballots;
I. The total remaining ballots;
J. The total number of missing ballots if any, indicating the reason;
K. The number of voters sealed or marked in the register of signatures to the final paragraph of Article 197 of this Code refers;
L. The incidents have been raised during the voting process and the counting of votes if any; and,
m. Other circumstances indicating this Code. "
Art. 6. Replace Article 205 as follows:
'Votes
Art. 205. shall be understood as valid for each political party or coalition votes

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contender, those that meet the requirements of law, and that the will of the voter is clearly determined by any mark on the flag.
To:
In the election of Members of Parliament to the Legislative Assembly and the Central American Parliament, the following will be counted as valid votes. If the mark was made solely on the flag of the political party or coalition contender, or non-partisan candidacy, it will be taken as a whole vote, which will
to define the number of seats won by the party or coalition candidate. In this case, no preference will be added to any of the candidates;
B. If the mark was made on the flag and the entire slate of candidates or candidates of the same political party or coalition, which constitute a full valid vote to define the number of seats won by the party or coalition candidate. In this case
preferences not be added to any of the candidates;
C. If the mark was made on the entire slate of candidates or candidates of the same political party or coalition
without marking the flag, which will be a full valid vote to define the number of seats won by the party or coalition candidate. In this case, no preference will be added to any of the candidates;
D. If the mark was made on one or more of the candidates or candidates of the same political party or coalition contender, which will be a full valid vote to define the number of seats won by the party or coalition candidate and also
or indicate the preferences for candidates and candidates proposed to determine the order in which seats won by each political party or coalition is allocated. This will not be changed if a citizen also marked
flag;
E. If the mark was made on one of the candidates or nonpartisan candidates; and
f. If crossover vote is cast, ie, if candidates from different political parties, coalitions or nonpartisan candidates are marked, provided that the marks are clearly defined
up to a maximum equivalent to the seats in the constituency corresponding marks. In this case, the value of the vote should always be one, that is, the sum of the fractions in which the vote is divided, can not
be in no case be less or greater than unity. Each brand also must be added as preference for each candidate as appropriate.
If the marks made or not possible to establish clearly the preference for candidates or candidates of the same form, will only be taken as a whole constitute valid vote and no preference. "
Art. 7. Replace Article 207 as follows:
"invalid votes

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Art. 207. The vote will be void in the following cases:
a. When it shall appear on the ballot clearly marked with the intention to vote in two or more flags of political parties or coalitions contenders;

B. When you have marked a banner of a political party or coalition candidate and non-partisan;
C. When you have marked a banner of a political party or coalition, and also a candidate of a political party or coalition different;
D. If the case of votes crusaders, the number of brands exceeds the number of seats for the constituency;
E. If the numbering order to appear on the ballot does not correspond to the numbering of the ballots received by the Receiving Board, where deposit of the vote;
F. When the ballot has not been delivered to the voter by the polling station that corresponds;
G. If the ballot is essentially crippled its contents; and
h. If the ballot contains obscene words or figures.
The typographical error in the preparation of the ballot will not be nullified the vote.
Not be null vote when the ballot have scored two or more of the flags of the parties between which there legally registered coalition; and in that case, the vote in favor
coalition is accounted for and be awarded for purposes of the election, the coalition party member who has less votes in the respective polling station committee votes. "
Art. 8. Create the Article 214-A as follows:
"Canvassing Cruzados
Art. 214-A.- The Court held the counting of votes crusaders, using computer systems under the following procedure:
a. It will take the Act of Closing and Counting of Votes of Receiving Board concerned, corresponding to the total cross-voting ballots that may have been issued
amount at such meeting;
B. It will verify that the total marks of political parties, coalition or nonpartisan candidates, reported for each cross-ballot vote, not to exceed the number of

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marks permitted in the constituency concerned, all of which will be made from the amounts of corresponding marks of each candidate parties, coalitions
or nonpartisan candidates, recorded in the minutes of closing and counting of the polling station concerned;
C. He split the unity of each vote between the number of trademarks in each ballot with crossover voting, reported in the minutes of closing and counting of the polling station. The result of this division is the numerical value of each brand of crossover voting.
This operation is performed by each of the ballots;
D. The numerical value of each brand, will be multiplied by the number of brands that each
political party, coalition or nonpartisan candidates on each ballot obtains cross-voting. The product of each multiplication, is the amount of votes that corresponds to each party, coalition or party, from the
crossover voting ballots with candidates;
E. The votes calculated in the manner described in the preceding paragraph, will be added to the votes
valid integers obtained by each party, coalition or candidates nonpartisan, reported by the same polling station concerned, thus obtaining the total of valid votes for each party, coalition or party candidates in this polling station to vote;
F. Valid votes set for each party, coalition or nonpartisan candidates, will be consolidated for the election of Members of Parliament to the Legislative Assembly,
departmental level; and for the election of Members of Parliament to the Central American Parliament, at the national level; and
g. With the foregoing, the Court will proceed to the allocation of seats, in accordance with the provisions of 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 ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty day of February 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,

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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.

PRESIDENTIAL HOUSE: San Salvador, on the seventeenth day of March in 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. 55 Volume No. 410 Date: 18 March 2016 FN
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geg 04/18/2016 LEGISLATIVE INDEX