It Facultase To The Supreme Electoral Tribunal, Implementation Of The Crossover Vote.

Original Language Title: FACULTASE AL TRIBUNAL SUPREMO ELECTORAL LA IMPLEMENTACIÓN DEL VOTO CRUZADO.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 884

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I-That by Judgment of the Constitutional Court of the Supreme Court of Justice in the process of Inconstitutionality 48-2014, of the twelve hours of the five of November of two thousand fourteen, was declared the unconstitutionality of the first part of the statement of Article 185 (3) and the first part of the letters "c" and "d" Article 207, both of the Electoral Code.

II.-That the said judgment also states that the Legislative Assembly, in order to be expelled from the legal order of the aforementioned articles, must update the normative content the free character of the vote and the effects it will have on the allocation of seats, guaranteeing the system of proportional representation. He also pointed out that if the relevant legislation on the content of the cross-vote was not in force at the time of the next two-thousand-15 elections, the Supreme Electoral Tribunal would have to take the necessary measures to guarantee the training of the electoral staff, especially on the form of allocation of seats and public information to the citizenry on how to exercise the cross vote.

III.-That the Electoral Reform Commission made multiple meetings to update the normative content, according to the parameters dictated by the statement and the legal order in force, and nevertheless, at the first moment, unanimity was reached among all the political parties with representation in the Legislative Assembly to legislate on the cross-vote, later the consensus was broken. reached, preventing the date from establishing the corresponding regulations.

IV.-That at the date of the eighteenth of November of this year, the Commission of Electoral and Constitutional Reforms, received a note signed by the Licentión José Manuel Rodriguez, Director Secretary of the Electoral Surveillance Board, in which they express that there is a delay in the execution of some activities as established in the electoral calendar.

V.-That the final paragraph of Article 208 of the Constitution states that the Supreme Electoral Tribunal shall be the ultimate authority in matters

VI.-That in order to provide legal certainty in the elections that will be held on one of March of two thousand fifteen, and in the absence of unanimity of the political parties with representation in the Legislative Assembly, considers it necessary to empower the Supreme Electoral Tribunal to comply with the above judgment, develop and apply cross-vote content.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________

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BY TANTO,

in use of its Constitutional powers and on the initiative of the Deputy Jackeline Noemy Rivera Avalos and Deputies Mario Alberto Tenorio Guerrero and Guadalupe Antonio Vásquez Martínez.

DECRETA the following:

TRANSITIONAL DECREE EMPOWERING THE ELECTORAL SUPREME COURT TO IMPLEMENT THE CROSS VOTE.

Art. 1.-In order to comply with the sentence issued by the Constitutional Court of the Supreme Court of Justice in the Process of Inconstitutionality 48-2014, the Supreme Electoral Tribunal is empowered to, as a matter of priority, unanimously the necessary provisions for the establishment of a new form of cross-vote voting are issued. If it is not possible to reach unanimity, the Court must resolve it in accordance with Article 64 (b) of the Electoral Code.

The above, without prejudice to the other four valid forms of voting, previously established in the letter "b" Article 185 of the Electoral Code.

Art. 2.-This Decree shall enter into force from the day of its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at four days of the month of December of the year two thousand fourteen.

OTHON SIGFRIDO REYES MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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FRANCISCO JOSÉ ZABLAH SAFIE, JOSÉ SERAFIN ORANTES RODRÍGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the eleven days of the month of December of the year two thousand fourteen.

PUBESQUIESE,

Oscar Samuel Ortiz Ascencio, Vice President of the Republic,

Charged with the Presidential Office.

Ramon Aristides Valencia Arana, Minister of Government and Territorial Development.

D. O. No 232 Took # 405 Date: December 11, 2014

FN/pch 16-01-2015

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