Reformed Law Of Political Parties, Arts. 22, 37 And Adding New Items.

Original Language Title: REFÓRMASE LA LEY DE PARTIDOS POLÍTICOS, ARTS. 22, 37 E INCORPORANDO NUEVOS ARTÍCULOS.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-de-partidos-politicos-1/archivo_documento_legislativo



1 DECREE No. 159

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- by Legislative Decree No. 307, dated February 14, 2013, published in Official Journal No. 40, Volume No. 398, February 27 the same year,
issued the Law on Political Parties.
II.- That the Constitutional Chamber of the Supreme Court of Justice by
ruling issued on August 22, 2014, in the process with reference number 43-2013, was declared unconstitutional by omission reason that the Legislature deferred compliance with the constitutional mandate
contained in articles 2, subsection 1, 6, 72 ordinal 3 and 79 paragraph 3 of the Constitution, all related to Article 85, paragraph 2 of the Constitution, not having issued a law or not have done
relevant reforms through which it comply with the mandates arising from the right of access to information; the principles of transparency and internal democracy of political parties.
III It is necessary to standardize the criteria, procedures and other activities through which political parties practice internal election of their party officials and candidates for elected office, to ensure that
they are transparent and respectful of the will of its members.
THEREFORE,
in exercise of its constitutional powers and initiative of the deputies Norma Guevara of 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, Delmy Carolina Vásquez, Idalia Patricia Zepeda Azahar and Dina Yamileth Argueta Avelar.
DECREES the following:
AMENDMENTS TO THE LAW OF POLITICAL PARTIES
Art. 1. Refórmese the letter "f", replace the letter "k" and merge the letter "l" Article 22 thus:
"f) To keep formal accounting and have an internal audit in accordance management periods its statutes on the use of their own assets, and funds raised from the public and private financing;

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k) keep a register of members or affiliates, which must be updated periodically as their party statutes and regulations; and
l) The others determined by this Law. "
Art. 2. Replace Article 37, as follows:
"Internal Elections
Art. 37. For the election of party officials and the selection of candidates for elected office, political parties must conduct internal elections, free vote,
direct, equal and secret ballot of its members or members enrolled in corresponding to their territorial and in accordance with standards established by this Law, their supporters constituency standard statutes and regulations. "
Art. 3. Créase an article 37-A as follows:
"
Art Electoral Commission. 37-A.- For the realization, organization, management and supervision of internal elections, the governing body of the Political Party leadership will constitute a permanent Electoral Commission
whose members shall not belong or be candidates agencies party authority or elected office if any of the members of the Commission decides to run, it must be replaced.
The Electoral Commission shall be the maximum internal authority in this matter. "
Art. 4. Créase an article 37-B as follows:
"
Calls Elections Art. 37-B.- The Electoral Commission of Political Party, shall call internal elections to choose candidates for elected office at least six months before the convening of the Supreme Electoral Tribunal
.
For the election of party officials, the Electoral Commission will convene in advance of the date
period ends authorities to choose according to their statutes.
In making the call, the Electoral Commission shall indicate the period of registration of candidates
. "
Art. 5. Créase an article 37-C as follows:
"Constituencies
Art. 37-C.- For the elections of party officials and candidates for elected office

National, State & Municipal: 3 popular
, three types of constituencies shall be formed.
The candidates for elected office, be elected as follows:
a) In the national constituency, members or affiliates choose the candidacy

President and Vice President of the Republic and nominations Diputaciones the Central American Parliament;
B) In the departmental constituency, members or affiliates belonging to the Department Councils elect candidates to the Legislative Assembly and their respective alternates; and
c) In the municipal constituency, members or affiliates belonging to the municipality, will elect the candidates for Mayor or Mayoress, Síndic and Aldermen.
For party officials, the election shall be governed by the structure and naming of the charges provided for in the statutes of each political party. "
Art. 6. Créase an article 37-D as follows:
"Requirements to participate as candidates in primary elections
Art. 37-D.- Who is postulated to participate in internal elections, must meet the requirements set out in the Constitution, the Electoral Code and the statutes, depending on the type of application that
concerned.
For members or affiliates of the Party, to participate in internal elections as
candidates must apply to the Electoral Commission, the registration of his candidacy for the positions of party authority under statutes or an elected office popular.
The statutes of each political party, govern cases where there is no interest on the part of members or affiliates, in part to be elected to positions of party authority at any level in which it is organized. In these cases, the Electoral Commission shall notify the governing body
director of the Political Party.
The highest governing body of the Political Party within a maximum of five working days, notify
a new deadline to perform the corresponding election to the Electoral Commission. "
Art. 7. Créase an article 37-E as follows:
"Registration Application
Art. 37-E.- The application for registration as a candidate for elected office or positions of party authority, be submitted to the Electoral Commission by interested own original and copy, and shall contain at least:

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a) Indication of the position for which it is postulated;
B) extended Photocopy of valid identity document;
C) Proof of affiliation extended by the Party;
D) Affidavit of not being included in the inabilities established in the Constitution and the Electoral Code;
E) Affidavit be solvent in the payment of alimony, if that person was required;
F) Soundness of income tax and municipal solvency of the candidate address; and
g) Other established by the statutes of the Political Party.
The Political Party Election Commission stamp and return the copy to the person concerned and shall act accordingly. "
Art. 8. Créase an article 37-F as follows:
"Ballots
Art Design. 37-F.- Political parties use separate ballots and ballot boxes for each elective level.
The ballots also contain the indication of the type of election concerned, photography
and the name of the candidates, and a space for the voter to mark. "
Art. 9. Créase an article 37-G as follows:
"Vote
Forms of Art. 37-G.- At the time of voting, the voter must identify with their current single identity document.
The valid forms of vote, depend on the type of election in question, all of which must be set in the respective regulations of each political party. "
Art. 10. Créase an article 37-H as follows:
"Single Candidacy
Art. 37-H.- not formalized If more than one application, either payroll or individual, to a certain category of party positions or elected candidate, it must submit to election of members or members, requiring at least fifty percent more

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one of the votes cast. "
Art. 11. Créase an article 37-I as follows:
"Declaration of Elected
Art. 37-I.- The elections, the Electoral Commission shall declare elected candidates and candidates for elected office as follows:
a) The candidate for President or President and Vice-President, will be the result by a simple majority of votes;
B) Candidates for provincial councils to the Legislative Assembly and the Central American Parliament owners in each political party, will be integrated by adding the total of votes obtained

By each candidate and a candidate, following the order from highest to lowest, so that will hold the first who has obtained the most votes; the second, in descending order will follow on the votes obtained
and so on until the number of deputations appropriate for each constituency;
C) The candidate for Mayor or Mayoress, will be obtained by simple majority of votes of their respective municipality; and
d) Candidates for Síndic, Aldermen and Councillors, in accordance with the regulations. "
Art. 12. Créase an article 37-J as follows:
"
Art Resources. 37-J.- Once the election held elected office, the member or member
ran in the internal election and was not elected as a candidate, you will have twenty four hours to lodge an appeal for review or revocation before the Electoral Commission.
In the letter by which proceedings are brought, shall express all circumstances, facts or grounds on which the request for review or revocation is based, also offering present relevant evidence.
Within the following lodged the appeal and verified that it meets the eligibility requirements, twenty four hours will be admitted, and may show party members who participated in the
election and who have an interest in this process; part or not shown, will open for twenty four hours to test the respective proceedings.
Within twenty-four hours following the conclusion of the probationary term, the corresponding decision shall act, against which no other remedy is not admissible. "
Art. 13. Créase an article 37-K as follows:

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"Notification and Registration in the Supreme Electoral Tribunal
Art. Celebrated 37-K.- internal elections, either to elect party officials or candidates for elected office, the Electoral Commission declared elected citizens appropriate, and register with the highest governing body of the Political Party and It
notify it through its legal representative to the Supreme Electoral Tribunal, to proceed to registration. Once registered, the Political Party will make publicly available by appropriate means. "
Art. 14. Créase an article 37-L as follows:
"Substitutions
Art. 37-L.- Once practiced internal elections, will not be able to make changes in the payroll of candidates for elective office, except that elect not meet the requirements
established in the Constitution and the Electoral Code by resignation of the candidate in writing or by force majeure, in these cases will replace the candidate receiving the most votes in descending order.
Will automatically void any change that does not meet the above requirement. "
Art. 15. Replace the text of Article 38 by the following:
"gender quota
Art. 38. The Political Parties should integrate their forms for election to the Legislative Assembly Councils, Central American Parliament, and members of the Municipal Councils, at least thirty percent of participation of women.
It shall be applied to each national, departmental and municipal payroll, according to the inscription of candidates that each political party, or coalition, present in the
national, departmental and municipal districts. Each return will be considered holistically, ie, including candidates and alternates.
For the lists with candidates for municipal councils, thirty percent minimum participation of women, will be required both in the forms presented by political parties or coalitions should be winners, and lists that designate the order of precedence
if not get a simple majority, according to Article 165 second paragraph of the Electoral Code.
The Supreme Electoral Tribunal, through the Departmental Electoral Board, shall verify that the political parties or coalitions comply with the provisions of this article, when filing their returns.
In the case of internal elections for party officials and candidates for elected office, each political party shall provide in its regulations, mechanisms that ensure gender quota in their 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 ROOM OF THE LEGISLATIVE PALACE: San Salvador, this twenty-ninth day of October in the year two thousand and fifteen.
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.
PRESIDENTIAL HOUSE: San Salvador, on the twenty days of November, two thousand fifteen
.
PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.

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Ramon Aristides Valencia Arana, Minister of Interior and Territorial Development. OJ No 224

Volume No. 409 Date: December 4, 2015 SV
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Adar 11/01/2016 LEGISLATIVE INDEX