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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 159
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That by Legislative Decree No. 307, dated February 14, 2013, published in Official Journal No. 40, Volume No. 398 of February 27 of the same year, is
issued the Law of Political Parties.
II. The Constitutional Court of the Supreme Court of Justice, by way of
sentence issued on August 22 2014, in the process with reference number 43-2013, declared that there was an unconstitutionality by omission because the Legislative Assembly, differed the fulfillment of the constitutional mandate
contained in articles 2 (1), 6, 72 ordinal 3rd and 79th paragraph 3 of the Constitution, all related to article 85 (2) of the Constitution, having not issued an Act or not having made the reforms
relevant by which the mandates derived from the right of access to information; the principles of transparency and democracy
III.-That it is necessary to normalize the criteria, procedures and other activities, through which political parties, practice the internal election of their party authorities and candidates for office
to ensure that
are transparent and respectful of the will of their affiliates.BY TANTO,
in use of its Constitutional powers and on the initiative of the Deputies and the Deputy Fidelia
Guevara de Ramírios, Alberto Armando Romero Rodríguez, Mario Antonio Ponce López, 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 Lopez, Norma Cristina
Cornejo Amaya, Delmy Carolina Vásquez, Idalia Patricia Zepeda Azahar and Dina Yamileth Argueta Avelar.
DECRETA the following:
REFORMS TO THE LAW OF POLITICAL PARTIES
Art. 1.-Reform the letter "f", replace the letter "k" and incorporate the letter "l" to Article 22, as follows:
" f) Carry out formal accounting and have an internal audit in the management periods in accordance with its statutes, on the use of its equity, and from funds earned from public and private funding;
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k) Carry a member or affiliate record, which shall be updated periodically in accordance with their party statutes and regulations; and,
l) Other as determined by this Law. "
Art. 2.-Replace Article 37, as well:
" Internal Elections
Art. 37.-For the election of the party authorities and the selection of candidates and candidates for positions of popular choice, the Political Parties shall hold internal elections, with free vote,
direct, equal and secret of their members or affiliates registered in the register corresponding to their territorial constituency and in accordance with the rules laid down in this Law, their party statutes and regulations. "
Art. 3.-Create an article 37-A as follows:
" Electoral Commission
Art. 37-A.-For the realization, organization, direction and supervision of the internal elections, the highest governing body of the Political Party, will constitute a permanent Electoral Commission,
whose members must not belong, nor be candidates for the party's governing bodies or for popular election charges, if any of the members of the Commission decides to run, it must be replaced.
The Electoral Commission will be the ultimate internal authority in this matter. "
Art. 4.-Create an article 37-B as follows:
" Call for Elections
Art. 37-B.-The Political Party's Electoral Commission must call internal elections to elect candidates for office of popular choice at least six months before
Supreme Electoral Tribunal
called.For the election of party authorities, the Electoral Commission will convene in advance of
the date of the end of the period of the authorities to choose according to their statutes.
When the call is made, the Electoral Commission must indicate the enrollment period of
entries. "
Art. 5.-Create a 37-C article as follows:
" Circumscriptions
Art. 37-C.-For election of party authorities and candidates for election charges
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popular, three types of constituencies will be constituted: National, Departmental and Municipal.
Nominations for positions of popular choice, will be chosen as follows:
a) In the national constituency, the members or affiliates will choose the candidacy of the
Presidency and Vice-Presidency of the Republic and candidates to Deputations to the Central American Parliament;
b) In the constituency departmental, members or affiliates belonging to the Department, shall elect the candidates to the Legislative Assembly and their respective alternates; and,
c) In the municipal district, the members or affiliates
the case of the party authorities, the election will be governed by the structure and denomination of the charges provided for in the the statutes of each Party. "
Art. 6.-Create a 37-D article as follows:
" Requirements to Participate as Candidates in Internal Elections
Art. 37-D.-Who is running to participate in internal elections, must fill in the requirements set forth in the Constitution, the Electoral Code and the statutes, according to the type of candidacy that
is treated.
Party affiliates, can participate in internal elections as
candidates, will have to apply to the Electoral Commission, the registration of their candidacy to the positions of party authority provided for in their statutes or to a position of popular election.
The statutes of each Party will regulate cases where it does not exist interest, on the part of the members or members, to participate to be elected in positions of party authority in any of the levels in which it is organized. In these cases, the Electoral Commission will notify the
top management body of the Political Party.
The Political Party's top management body for a maximum of five working days,
will notify the Commission Election a new deadline to make the corresponding election. "
Art. 7.-Create an article 37-E as follows:
" Enrollment Request
Art. 37-E.-The application for registration as a candidate or candidate for positions of popular choice or for positions of party authority shall be filed with the Electoral Commission by the person concerned in original and copy, and shall contain at least:
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a) Indication of the charge for which you are running;
b) Extended photocopy of the Document Current Identity Only;
c) Party-extended affiliation Constancy;
d) Affidavit not to be understood in the inabilities set forth in the Constitution and the Electoral Code;
e) Affidavit of be solvent in the payment of the alimony, if it is obliged;
f) Solvency of income tax and municipal solvency of the candidate or candidate's domicile; and,
g) Other that establish the statutes of the Political Party.
The Political Party Electoral Commission will seal and return the copies the data subject and will resolve the matter. "
Art. 8.-Create an article 37-F as follows:
" Paper Design
Art. 37-F.-Political Parties will use separate ballots and ballot boxes for each elective level.
The ballots will contain in addition to the indication of the choice of choice, the photograph
and the name of the candidates and candidates, and a space for the elector to dial. "
Art. 9.-Create a 37-G article as follows:
" Vote Forms
Art. 37-G.-At the time of voting, the voter must identify with his or her current Identity Document.
The valid forms of voting will depend on the type of choice in question, all of which must be regulated in the respective regulations of the each Political Party. "
Art. 10.-Create an article 37-H as follows:
" Single Bid
Art. 37-H.-If more than one candidacy is not made official, either on a single or an individual basis, for a certain category of party posts or candidacy of popular choice, the same shall be subject to the election of the members or members, required at least fifty percent more
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one of the votes cast. "
Art. 11.-Create an article 37-I as follows:
" Declaratory of Elects
Art. 37-I.-The elections, the Electoral Commission, will declare candidates elected and candidates for popular election positions as follows:
a) The candidacy for President or President and Vice President or Vice President, will be the
b) Candidates to the Legislative Assembly and the Central American Parliament, owners, in each political party, will be integrated with the total number of votes obtained
candidate and candidate, following the order of the largest to the least, in such a way that it will hold the first place who has obtained the largest number of votes; the second place, which in descending form follows on the votes obtained and so on
until the number of Diputations corresponding to each constituency is completed;
c) Candidate for Mayor or Mayor, shall be the one that results by simple majority of votes of its respective Municipality; and,
d) The candidates to the Sendito or the Sindica, Regents and Regidoras, in accordance with the regulations. "
Art. 12.-Create an article 37-J as follows:
" Resources
Art. 37-J.-Once the choice of popular choice charges, the affiliate or member who
ran in the internal election and who was not elected as a candidate, will have twenty-four hours to interject the review or
writing by means of which the appeal is filed, all the circumstances, facts or grounds on which the request for review or recall is based should be expressed. present the relevant evidence.
Within twenty-four hours of the submission of the appeal and verified that it meets the eligibility requirements, will be supported, and members who participated in the
election and who have an interest in that process may be shown; they will be part or not, will be opened to the test by twenty-four (h) the respective proceedings.
Within 24 hours of the conclusion of the probative term, the corresponding judgment shall be delivered, against which no other appeal shall be admissible. '
Art. 13.-Create an article 37-K as follows:
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" Notification and Enrollment in the Supreme Electoral Tribunal
Art. 37-K.-The internal elections, whether to elect party authorities or candidates for positions of popular choice, the Electoral Commission, will declare elected citizens elected, and register them with the highest body of Political Party, and the Party will notify it
through its legal representative to the Supreme Electoral Tribunal, so that it may be registered. Once registered, the Political Party will make it public knowledge, through the appropriate means. "
Art. 14.-Create an article 37-L as follows:
" Subpositions
Art. 37-L.-Once the internal elections are conducted, no changes can be made in the payroll of candidates to positions of popular choice, except in cases that the elected does not fill the requirements
established in the Constitution and the Code Electoral, by resignation of the candidate in written form or by force majeure, in these cases will be replaced by the candidate who has obtained the most votes in descending form.
It will be null and void any change that does not comply with the above requirement. "
Art. 15.-Replace the text of article 38 with the following:
" Gender quota
Art. 38.-Political Parties must integrate their plans for the election of Diputaciones to the Legislative Assembly, Central American Parliament, and members of the Municipal Councils, at least with a thirty percent participation of women.
This percentage will apply to each national, departmental and municipal payroll, according to the registration of candidates and candidates that each Political Party, or coalition, present in the
national, departmental and municipal constituencies. Each planilla will be considered in a comprehensive way, that is, including bids from owners and alternates.
In the case of the plans with candidates for Municipal Councils, the thirty percent minimum participation of women will be " (i) demand so much in the plans presented by the Political Parties or coalitions in the event of being winners, as in the lists in which they designate the order of precedence
in case of not obtaining a simple majority, according to the provisions of the Article 165 (second) of the Electoral Code.
The Supreme Electoral Tribunal, through The Departmental Electoral Board must verify that the Political Parties or coalitions comply with the provisions of this article, at the time of filing their plans.
For the case of internal elections of party authorities and Candidates for positions of popular choice, each Political Party must provide in its regulations, the mechanisms that guarantee the gender quota in its internal elective processes. "
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Art. 16.-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-nine days of October of the year two thousand fifteen.
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.
CASA PRESIDENTIAL: San Salvador, at the twenty-five days of November of the year two thousand
fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
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Ramon Aristides Valencia Arana, Minister of Government and Territorial Development.
D. O. N ° 224
Took N ° 409 Date: December 4, 2015
SV/adar 11-01-2016
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