Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/codigo-electoral-1/archivo_documento_legislativo
1 Decree N ° 413 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by Legislative Decree N ° 417, dated December 14, 1992, published in the official journal N ° 16, volume 318 of January 25, 1993, the Electoral Code was issued.
II. Since 1992, year of issue, the referred legal body has been modified many times, either by addition of new provisions, by removing some, or several authentic performances.
III. that activity legislative reform to the Electoral Code, before concerned, at every moment has been justified on the need to adapt their electoral provisions to new legal situations, to the extent that the political players and the administration of electoral processes have identified changes to improve and consolidate electoral processes as the only means of expression of the will of the voters.
IV.-that the multiplicity of changes, as well as the entry into force of progressive, of other regulations as the residential vote, the adoption of the single document of identity, the way of voting in legislative elections, the integration of the municipal councils of plural, among others, the consolidation of a text updated and harmonious, in the interests of having a sort of electoral clear and precise rules that ensure the consolidation of electoral political system. Therefore, use of his constitutional powers and at the initiative of the deputies and members Norma Guevara, Jackeline Rivera, Yeymi Muñoz and Rolando Mata.
DECREES the following: code ELECTORAL title I provisions fundamental chapter I object 2 object of the law article 1.-the present code is to regulate the activities of the electoral body, voter registration, electoral management bodies, as well as the activity of the State in regard to the election process.
Election of officials article 2.-the election process referred to in this code is related to the election of the following officers: a. President and Vice President and Vice-President of the Republic;
b. members and deputies to the Central American Parliament;
c. members and deputies to the Legislative Assembly; and, d. members or members of the municipal councils.
Chapter II of the SUFFRAGE right and duty article 3.-the suffrage is a right and a duty of citizens and citizens, its exercise is non-delegable and inalienable. The vote is free, direct, equal and secret.
Warranty article 4.-no one may prevent, hinder or disturb the exercise of suffrage. The competent authorities are obliged to guarantee freedom and purity of the suffrage and facilitate its exercise. Offenders and law-breakers will be punished according to the law.
Registration in the register article 5.-for the exercise of the suffrage is indispensable condition be enrolled or registered in the electoral register, prepared by the Supreme Electoral Tribunal.
In the text of this code, the Supreme Electoral Tribunal may be called "The Court".
Document to vote article 6.-it is duty of every citizen and citizen get the single identity document which identifies it to exercise the suffrage in accordance with the law.
3 disabilities article 7.-cannot exercise the suffrage: a. those or those against whom issued auto de formal prisión;
b. the mental alienated;
and c. declared in judicial ban;
d. them and those who refuse to perform without just cause, a charge of popular election.
The suspension referred to in this paragraph, will last all the time that should play the post refused;
e the notoriously flawed conduct;
f women and men convicted of offence;
(g). The and those who buy or sell votes in elections;
the h. who sign certificates, proclamations or accessions to promote or support the reelection or the continuation of the Chairman or President of the Republic, or use direct means to that end;
i. the officials, authorities and agents of these which restrict the freedom of suffrage; and j. The and which proves have carried out or promoted electoral fraud.
The competent authority is obliged to make the knowledge of the Court, any order or causal suspension or loss or rehabilitation of the political rights of citizens, for the purposes of voter registration; otherwise, shall incur the penalty that includes this code.
Title II of the ELECTORAL body of the constituencies territorial electoral and of integration of the authorities A chosen chapter I of the ELECTORAL body Electoral Body article 8.-the electorate consists of all citizens and citizens able to cast the vote.
4 requirements article 9.-to exercise the suffrage is required: a. be a citizen or citizen of El Salvador;
b. be enrolled or registered in the electoral register;
c. be in full enjoyment of civil and political rights; and, d. identify with their respective single valid identity document and also appear in the corresponding register issued by the Court, according to the electoral register.
Chapter II of the constituencies territorial electoral constituencies article 10.-for the purposes of this code the electoral constituencies will be municipal, departmental and national, that respectively match the municipalities, departments and the territory of the Republic.
The national constituency, will be used for the election of President and Vice President, President or Vice-President of the Republic, as well as for the election of Deputies and deputies to the Central American Parliament.
The municipal districts comprise the territorial area of each one of the municipalities in which the country is divided which at the same time, for the purposes of voting, will be subdivided into sectors of voting.
Be considered voting sector that geographic area within a municipality, bounded by one or several cantons, total or partial form, in the rural area; or by one or several housing developments, neighborhoods, or colonies, in whole or in part way in the urban area, to a polling place in order to facilitate the exercise of the suffrage in an accessible way to the place of residence of the citizen.
A POLLING PLACE MAY BE FORMED BY ONE OR TWO FACILITIES OR INFRASTRUCTURE, WHEN THEIR CAPACITY IS INSUFFICIENT, AND FOUND ANOTHER NEARBY; IN THIS CASE, VOTERS ASSIGNED TO THAT POLLING PLACE WILL BE ALLOCATED ALPHABETICALLY ACCORDING TO THEIR SURNAMES. (1) the Supreme Electoral Tribunal will prepare the necessary electoral cartography, according to the criteria set out in the two preceding subparagraphs, to create the respective sectors of vote within each municipality, that guarantee the exercise of the suffrage under the residential vote system.
5 chapter III of the integration of the authorities to choose representation to the Central American Parliament article 11.-the representation of the State of El Salvador at the Central American Parliament will be composed of 20 members and owners members and their respective alternates, who will last in their duties for five years, in accordance with the constitutive treaty of the Central American Parliament and other political bodies.
Integration of municipal councils article 12.-in each municipality will elect a City Council consisting of a mayor or mayor, a syndic or Ombudswoman, two aldermen or councillors owners and four alternates, to preferably replace the or the owners of the same party, in case of absences.
MOREOVER, IN THE POPULATIONS OF MORE THAN FIVE THOUSAND INHABITANTS, IT WILL ELECT MEMBERS IN THE FOLLOWING PROPORTIONS: (1) TWO COUNCILLORS OR ALDERMEN, COUNCILLORS OR COUNCILLORS IN MUNICIPALITIES WITH UP TO TEN THOUSAND INHABITANTS; (1) FOUR COUNCILLORS OR ALDERMEN, COUNCILLORS OR COUNCILLORS IN MUNICIPALITIES HAVING MORE THAN TEN THOUSAND TO TWENTY THOUSAND INHABITANTS; (1) SIX COUNCILLORS OR ALDERMEN, COUNCILLORS OR COUNCILLORS IN MUNICIPALITIES HAVING MORE THAN TWENTY THOUSAND FIFTY THOUSAND INHABITANTS; (1) EIGHT COUNCILLORS OR ALDERMEN, COUNCILLORS OR COUNCILLORS IN MUNICIPALITIES HAVING MORE THAN FIFTY THOUSAND TO ONE HUNDRED THOUSAND INHABITANTS; and, (1) ten Councillors or ALDERMEN, or Councillors or councillors in the municipalities that have more than one hundred thousand inhabitants. (1) the Court shall establish the number of Councillors or aldermen, Councillors or councillors in each municipality, based on the latest national population census, and shall notify the parties and coalitions registered, with forty-five days prior to the announcement of elections; all of which must be given in the decree which mentions article 170 of this code.
Integration of the legislative article 13.-the Assembly Legislative Assembly shall consist of eighty-four members or deputies owners and an equal number of alternates.
There will be so many constituencies, such as departments, that divides the territory of the Republic for the political administration.
6. each constituency will be integrated with at least three members or proprietary members and equal number of alternates.
A ratio of population, resulting from dividing the number of inhabitants, according to the last national census of population, the number of members or members that make up the Legislative Assembly will be established.
To set the number of members or members by constituency, the number of inhabitants of each constituency, will be divided between the national ratio of population.
If it lacks one or more Councils which allocate the total number of members of the Legislative Assembly, these will be assigned to the constituencies of greater residue of population, until the number of eighty-four members or deputies.
According to this method and on the basis of the last national census of population, the constituencies will be formed in the following way: a. San Salvador, twenty-four members, or members;
b. Santa Ana, seven members or members;
c. San Miguel, six members or members;
d. freedom, ten members or members;
e Sonsonate, six members or members;
f Usulután, five members or members;
g Ahuachapán, four deputies or members;
h. La Paz, four deputies or members;
i. the Union, three deputies or members;
j Cuscatlán, three deputies or members;
k Chalatenango, three deputies or members;
l Morazán, three deputies or members;
m. San Vicente, three deputies or members; and n. cabins, three members or deputies.
7 title III of the ELECTORAL registry chapter I training Constitution article 14.-the voter registration, drawn up by the Court, shall consist of all citizens and Salvadoran citizens and Salvadoran who in accordance with the Constitution and the laws of the Republic are in ability to exercise suffrage.
The register is public and permanent. Political parties legally registered, shall have the right of surveillance on the elaboration, organization, publication and updating of the voter registration.
Article 15.-the base to draw up the electoral register, the information of the single identity document that the national registry of natural persons is obliged to provide to the Court, in the way established in article 17.
Registration article 16.-the Court, upon receipt of the information referred to in the previous article, take place on this basis, the registration of the citizen or citizen in the electoral register, prior validation that makes of it, in accordance with the provisions of article 31 of this code.
Article 17.-the registration national of the persons natural data, shall provide to the Court, in the manner that this request to the next day of the issuance of a single identity document, the following data from the citizen: to. names and surnames;
b. Department, municipality, year, month and day of your birth;
c. name and surname of the mother;
d. name and surname of the father;
e profession or trade and level of studies;
f. family status;
g name and surname of the spouse if married;
8 h. Department, municipality, and place of residence. Residence means the place where the citizen or citizen has his dwelling;
j signature and footprint;
k scanned photograph of the citizen or citizen; and, l. unique document number of identity and date of issue and expiration.
Residence article 18.-for electoral purposes, the single identity document shall contain in addition to the designated in the regulations of the law organic of the record national people natural, the residence of the citizen or citizen.
System of consultation article 19.-any citizen or citizen, legally registered political party or coalition, may request in writing to the Court which provide some registration information to the voter registration, provided that the interest is on election agenda, and will establish a permanent system of voter registration, by any appropriate means.
Chapter II of the update and debugging Suspension of registrations article 20.-the voter registration be suspended the process of registration of citizens 180 days prior to the date for the elections; and the modification of residence of citizens a year earlier, and should be close down hundred and twenty days before the date of the elections.
Voter registration will not experience within the period of suspension and definitive closure, other changes which may be necessary to correct obvious errors in the registers or to give effect to the cancellations of deceased persons or of fraudulent registrations, as well as to register those who acquire the adult age in the period between the close of registration to voter registration until one day prior to the election , provided that such persons have requested their respective single document of identity, prior to the aforementioned suspension of registration.
They are considered as obvious mistakes: 9 a. Not matching any of the data of the citizen or citizen which appear in the single identity document with those that appear on the register of consultation; and, b. When taking the citizen or citizen your unique identity document does not appear in the register of inquiry and has not been excluded from the electoral register.
For the purposes of this article, the Court shall issue the total national register with separation of total municipal and sectoral standards, which shall forward to take one hundred and sixty-five days before the day of the election concerned political parties and coalitions; within that same period the Court will have to put at the disposal of the citizens these standards, may be consulted by these and request corrections to the law applicable, at the latest 15 days before the definitive closure of voter registration.
Exclusion of registration article 21-will be excluded from voter registration, registration for citizens and citizens dead and the declared presumed dead by court judgement; that in accordance with article 7 of this code have been declared disabled, repeated registrations and entries made in fraud of this code.
Exception of Exclusion article 22.-in case of doubt on the identification of the citizen or citizen, the Court not may exclude it from voter registration, and this exhausted all procedures to reliably establish the identity of the citizen or citizen.
Inscriptions repeated article 23.-when an exclusion for being repeated the inscription of a citizen or citizen, shall be as valid the last.
Publication of registrations and cancellations article 24.-the Court shall take a list of registrations and cancellations to the electoral register, which will be published every three months without expression of cause by electronic means, and must send a copy of this to registered political parties.
Change of residence article 25.-any citizen or citizens registered in the electoral register, changing his residence is obliged to submit to the national registration of the natural persons, to inform about the change, by affidavit, which will involve the issuance of a single identity document; and the national registry of natural persons, give notice to the Court immediately on this amendment, to change the place of voting of the citizen or citizen.
10. without prejudice to the foregoing, the national registration of the natural persons, is obliged to provide to the Court the information you required in relation to the change of residence.
Citizen or citizen will incur criminal responsibility, if the procedure referred to in the previous paragraph, takes place it providing fraudulent or false data with the aim of exercising suffrage in a municipality other than their place of residence.
Exclusion according to law article 26.-no citizen or citizen may be excluded from the electoral register, without prior ruling under law.
Citizen or citizen may be excluded without fulfilling legal requirements, shall have the right to ask for its inclusion re and will be resolved on your request in one period not more than fifteen days.
The resolutions referred to in this article, will come the resources referred to in this code.
Notice of resolutions article 27.-the resolutions referred to in the previous article, which received the Court, shall be notified to the person concerned in the place of residence which appears in the record or in the place designated to hear notifications.
Obligation to report deaths Art. 28. those officials or civil servants who are by law obliged to settle death certificates, are obliged to send to the Court certification thereof, within fifteen working days of your seat. Non-compliance with the provisions of this article by the official or responsible officer, will make you subject after hearing, to a penalty according to article 253 of the code.
Obligation to inform judgments ordered article 29.-of any enforceable decision that decide the common courts and which could affect the political rights of the citizen or citizen, will be certification to the Court, at the latest within ten working days and the officer or official wrongdoing, it will be subject to the penalties set out in article 253 of this code.
Update the registration Electoral article 30.-immediately after received the certificates referred to in articles
earlier, the Court will proceed to update the electoral register.
11 Chapter III of the single document of identity accreditation and verification of the information article 31.-the document only valid identity, issued by the national registry of natural persons, it is the only certifying to the citizen or citizen to cast the vote.
Received to be by the Court on the part of the national registration of the natural persons, the information referred to in article 17 of this code, the collegiate body shall issue agreement ordering the inscription in the electoral register of citizens or citizens to which it relates this information, prior process of validation of the data, using criteria of integrity and reconciliation of the same.
If the information that is received, could not be validated in accordance with the above criteria, there inconsistencies therein, the Tribunal will deliver trade to the national registration of the natural persons, to be remedied, at the latest within forty-eight hours of received this letter. Corrected to that they are the same, the Court shall order the registration of citizens or citizen in the electoral register.
Document unique identity altered or destroyed article 32.-the document only of identity, which is altered or destroyed partially in the essential data required by the regulations of the law organic of the record national people natural, may not be used for the vote, and the Board vote recipient shall proceed in accordance with article 196 of the code.
Claims for errors or Exclusion article 33.-If a citizen or citizen has spread it your unique identity document and does not appear promptly in the electoral roll or appears in this error, should inform and claim immediately before the Tribunal, presenting their respective single identity document. The Court will respond in writing to the claimant, in the direction of this notification, within fifteen days of the filing of the claim.
Obligation of identification article 34.-persons registered in the electoral register will be required to present its only valid identity document, to cast their ballot.
The single identity document can not be seized by any authority, but in the cases expressly specified by laws.
12 chapter IV of the electoral rolls printing of electoral rolls article 35.-the Court will print the registers or partial voters, which will be printed in the part SUPERIOR of their FOREHEADS, the coat of arms of the Republic, the seal of the Court and the indication of the elections in which is used.
OF THE MUNICIPAL TOTAL REGISTERS WILL PREPARE PARTIAL AND SECTORAL STANDARDS UP TO SIX HUNDRED VOTERS EACH, AND WILL ISSUE AN ORIGINAL BY EACH BOARD RECIPIENT OF VOTES, TO BE DISTRIBUTED IN THE FORM POINTING ARTICLE 36 OF THIS CODE. (5) remission of rolls election article 36.-later than thirty days before the date of the election, the Court shall forward to the municipal electoral boards, required copies of each of the municipal total registers, as well as the partial rolls of their respective constituencies, which should be placed in public places for the purpose of reporting to each citizen or citizen their respective polling place.
These registers should match the voter registration.
The Court also sent on the same date to contender, a copy of the referral registers referred above, each political party or coalition.
The Court will keep in their file, copies enough of each of the registers of electors prepared in accordance with the previous article, the standards that will be used if necessary, to replace those who have been destroyed or disappeared, or for other legal purposes.
Printing of electoral rolls for the vote article 37.-the printing of LOS standards the ELECTORAL registration for the effects of vote, they will do in registers total municipal and sectoral, which to your time is SUBDIVIDIRAN in rolls of up to six hundred electors for each Board recipient of votes and in order alphabetical order, beginning with the first name, followed by the second name , AND WHERE APPLICABLE, MARRIED NAME, NAMES AND NUMBER OF THE SINGLE DOCUMENT OF IDENTITY THAT YOU APPROPRIATE, AS WELL AS THE DIGITIZED PHOTOGRAPH OF THE CITIZEN OR CITIZEN. (5) 13 title IV of the organisms electoral chapter I Court Supreme ELECTORAL agencies electoral article 38.-are electoral management bodies: a. the Court Supreme Electoral, as a collegiate body;
b. the departmental electoral boards;
c. the municipal electoral boards; and, d. Vote receiver boards.
Maximum Electoral article 39.-the Court Supreme election authority is the highest authority in electoral matters, without prejudice to the resources established in the Constitution for violation of the same. It will be headquartered in the capital of the Republic, with jurisdiction throughout the national territory.
Article 40.-the Court Supreme Electoral autonomy is a body with full judicial, administrative and financial autonomy in electoral matters and thus not subject to any agency of the State.
Article 41.-the resolutions resolutions that the Electoral Supreme Court decision in the exercise of its powers, will be forced compliance to civilians, military authorities, political parties and citizens or citizens who are addressed; non-compliance will be incurring liability.
Allocation budget article 42.-corresponds to the Supreme Electoral Tribunal, a budget allocation of annual general budget of the State, covering the needs determined by the Court, both for its regular budget as the extraordinary, that must be covered for pre election and election years, as well as to ensure spending on special projects, as needed to meet its goals in the judgement of the Court whichever year that are carried out.
14. section I of the formation of collegiate integration the Agency agency chartered article 43.-the Court Supreme Electoral, will consist of five judges or magistrates, who will last five years and shall be elected by the Legislative Assembly. Three of them each of the shortlists proposed by the three political parties or legal coalitions that have obtained the largest number of votes in the last presidential election. Two judges or magistrates remaining, will be elected with the vote of at least two-thirds of the members or deputies elected, the shortlists proposed by the Supreme Court of Justice.
There will be five judges or women alternate judges elected in the same way that the owners.
If for any reason not intends any terna, the legislature will make the respective election without the three that were.
The magistrate or judge President will correspond to the party or legal coalition which obtained the largest number of votes in the last presidential election.
Requirements article 44.-are requirements to be a judge or magistrate of the Supreme Electoral Tribunal: a. for the three judges or magistrates proposed by political parties or coalitions who obtained the largest number of votes in the last presidential election, is required to be Salvadoran or El Salvador, more than thirty years of age, the secular State, notorious instruction and honesty at the exercise of the rights of citizen or citizen as having been in the five years preceding his election; and, b. The two judges or magistrates remaining proposed by the Supreme Court of justice must meet the requirements to be judge or judge of the Chambers of second instance and not have any party affiliation.
Article 45.-No impediments may be judges or magistrates of the Supreme Electoral Tribunal: a. the President President and Vice President or Vice-President of the Republic, and appointed to the Presidency of the Republic, the Ministers and Vice-Ministers of State, President or President of the Legislative Assembly, the President or President and judges or magistrates of the Supreme Court of Justice the President or Chairperson and judges or magistrates of the Court of accounts of the Republic, the Attorney General of the Republic, Attorney or Attorney General of the Republic and the Attorney or solicitor for the defence of human rights;
15 b. The military's high or that they have been in the three years prior to the beginning of the period of your choice;
c. civil servants or officials who exercise judicial jurisdiction;
(d. the spouse or relatives by adoption, or within the fourth degree of consanguinity or second of affinity of some of the judges or magistrates of the Court or of the officials referred to in subparagraph a) of this article;
e. the persons referred to in article 7 of this code;
f which had administered or managed public funds, while they do not obtain the settlement of their accounts;
(g). Contractors and subcontractors of works or public companies that pay with funds from the State or municipality, its caucioneros and of results of such works or undertakings, have pending claims of self-interest; and,
h. debtors of public or Municipal finances that are in arrears.
Swearing article 46.-the judges or magistrates of the Court shall take possession of his charge, previous constitutional protest and her period will begin August first in the appropriate year.
Judges and magistrates alternates article 47.-the magistrates or respective alternate magistrates, will temporarily replace the owners or owners, when these by any cause or impediment, might not play the position, which shall be the Court or through the Secretary-General, where appropriate, for the substitution effects.
Exemption from charge article 48.-the judges and magistrates owners and alternate may exonerate the Legislative Assembly, when accepting the nomination to a popularly elected position, name them in another post that is considered incompatible or by duly justified cause.
If the vacancy of any judge or magistrate is definitive, the political party or coalition who proposed it or the Supreme Court of Justice in its case, will propose to the Legislative Assembly a shortlisting for the purposes of article 208 of the Constitution. In this case the substitute or replacement will conclude the period of the substituted or replaced.
16 section II sessions of the body chartered sessions article 49.-the sessions that made the Court will be ordinary or extraordinary. The ordinary will be held in accordance with article 50 of this code; the extraordinary when necessary to resolve any matter of concern requiring immediate knowledge. Each magistrate or judge may request the magistrate or judge Chairman or President that should be called to extraordinary session, where they consider that a matter is necessary to know it with the proper urgency and the magistrate or judge President is obliged to convene more take within twenty-four hours of receipt of the application.
If it does not do so within such term, judges or magistrates may operate validly, if you set the quorum for its installation.
Obligation of assistance article 50.-to the ordinary or extraordinary sessions of the Tribunal, are required to attend the magistrates or judge owners and alternates, these last are entitled only to voice and must integrate the commissions that the court assigns to them. With the same right may attend these sessions, prior agreement and call for the Court, the representatives accredited to the Tribunal by political parties or legally registered coalitions, as well as officials or civil servants and other persons who in the opinion of the Court must do so.
Article 51.-the call ordinary sessions shall be held on the premises of the Court, at least once per week, prior summons with forty-eight hours in advance.
In case of extraordinary sessions, the calls must practise twelve hours in advance and shall contain the place, day, hour and agenda points to develop.
In any case the Court may agree to meet to operate anywhere else.
Quorum article 52.-convened properly, court may operate validly with the presence of at least three of its judges or magistrates proprietary or alternate, when they replace their respective owner. In this case the resolutions shall be taken by unanimity.
Home and article 53.-initiated session closing a session must conclude resolving points of agenda approved, within the same terms or terms that sets this code.
17. section III of the order of LAS sessions and of the AGENDA of the session article 54.-Las session which concludes the Court will begin and will be developed in the following manner: a. establishment of quorum;
b. declare integrated and logged;
c. reading and approval of the agenda;
d. reading, approval and signing of the former Act; and e. development of the agenda.
Agenda article 55.-the agenda of the session will be prepared by the magistrate or judge President of the Court, but each judge or judge owner or which serve as such, has the right to request to include the points that believeth suitable, provided that they are proposed to the Presidency, at least one hour before the session. Same right will have the representatives accredited to the Tribunal by the legally registered political parties.
SECTION IV of LAS proceedings book of records article 56.-the Court will take a book exclusively for lifting the records of meetings held, which will be sealed, numbered and duly registry. It will form the successive volumes as needed.
Content of the proceedings article 57.-the records must contain: a. order number;
b. date and place of celebration;
c. indication of judges or magistrates that integrate the session and representatives 18 accredited to the Tribunal by the political parties that staff;
d. agenda to discuss
e extracted incorporation of deliberations;
f resolutions and agreements adopted; and, g. signing of judges or magistrates who were present and the Secretary general.
Resolutions and agreements adopted shall bear a correlative of each number.
Passage of the Act article 58.-the text of the minutes of each sitting shall be read, approved and signed at its next session.
SECTION V of LA takes of decisions and of the responsibility of the judges or magistrates of the Court resolutions article 59.-all resolution or agreement emanating from the Court, will be adopted by most judges or magistrates owners or those who act as such, except as contemplated in this law.
When a magistrate or judge does not agree to the decision or provision adopted, you can reason their dissatisfaction. Such reasoning may do so in the Act in verbal form, which shall be recorded in the corresponding act; or in writing, within twenty-four hours of working, which will be incorporated into the document that motivated him, but will have to sign the same as magistrates or judge remaining minutes.
Adoption of resolutions article 60.-resolutions will be approved from the moment in which issued the necessary votes to make decision and will not require ratification at a later date. Any magistrate or judge may request reconsideration of the agreement or request modifications in the wording of the Act before being signed.
Fulfillment of agreements article 61.-any agreement issued by the Court is binding, so the Secretary or Secretary general shall communicate it immediately by the most appropriate means and must send subsequent to the signature of the corresponding Act, the respective certification of the agreement or resolution.
19 responsibility article 62.-the judges or magistrates, will respond before the legislative body by official and common crimes that they commit, in accordance with the provisions of articles 236 and 237 of the Constitution.
SECTION VI of the obligations the Court Supreme ELECTORAL as agency chartered obligations Article 63.-are obligations of the Tribunal as a collegiate body, the following: a. ensure faithful compliance with the Constitution and laws guaranteeing the right of organization and political participation of the citizens and citizens and political parties;
b. convening, organizing, directing and monitoring electoral processes related to the election of the following officers: i. President and Vice President and Vice-President of the Republic;
II. members or deputies to the Central American Parliament;
III. members or deputies to the Legislative Assembly; and, iv. Members or members of the municipal councils.
c. practice the preliminary and definitive scrutiny of presidential elections, MPs or deputies to the Central American Parliament and the Legislative Assembly and municipal councils;
d. sign the credentials of officials of popular choice within the period of eight days, from the date when declared firm the election results; If after the period is not firmaren credentials, simply declaring sign definitive counting results so that they can take possession of their posts, prior constitutional objection;
e report by the official media and social communication private aims, procedures and forms of the entire electoral process;
f give the instructions necessary for the normal operation of all electoral bodies;
g take duly updated voter registration;
20 h. prepare the budget, manage the funds that are allocated and any other resources to its normal operation. Prepare the budgets of expenses for ordinary, pre-electoral and electoral, years later in the month of September of the previous year, in each case, in order to comply with the provisions of articles 42 and 274 of this code;
i. carry the registration of registered political parties, coalitions and candidates for President and Vice President or President and Vice-President of the Republic, deputies and deputies to the Central American Parliament and a Legislative Assembly, municipal councils and other records that established in this code;
j denounce before the common courts the constituent acts of crime or failure that might have knowledge within its competence;
k develop and publish the annual report of activities, as well as a special memory of each electoral event;
l ensure that meet the agreements and provisions emanating from the Court;
m. Design due in advance and implement coordination with the National Civil Police the electoral security plan;
n. sign to political parties or coalitions, previous procedures, legal requirements and monitor its operation;
or register to postulated by political parties or coalitions, popular elected prior to the citizens the procedure and requirements of law;
p meet and resolve about suspensions, cancellations and penalties to the political parties and coalitions, as well as of its authorities;
q comply with the rulings and court rulings that notified in relation to acts of electoral nature of its jurisdiction and which modify the familial status of individuals or their electoral capacities;
r. provide directly or through the officers in charge, accurate and necessary instructions to the data processing unit, in relation to the voter registration and electoral rolls; and s. all other assigned by this code.
21 section VII of the powers of the ORGANISM collegiate powers article 64.-corresponds to the Supreme Electoral Tribunal: to) by qualified judges or magistrates majority agreement: i. name and organize the members of the departmental electoral boards, municipal and other agencies that intervene in the electoral process in accordance with the provisions of this code and appoint and oversee the formation of the joint recipients of votes;
II. adopt models and forms that require the practice of elections, order your printing in sufficient quantities and oversee the timely distribution of them;
III. name in balanced officials and staff;
IV. to suspend fully or partially the elections for the time deemed necessary when any serious disturbances of public order, any municipality or Department, and point out where the date on which those must be made or continue totally or partially;
v. meet and resolve all kinds of action, exception, request, resources and incidents that might be filed in accordance with this code;
VI. declare firm results from the definitive scrutiny of presidential elections, MPs or deputies to the Central American Parliament and Legislative Assembly and the municipal councils;
VII. approve the annual budget of revenues and expenditures;
VIII. approve, giving it previously known to the Board of election monitoring, the electoral security plan;
IX. approve projects of reform of electoral legislation, to be presented to the Legislative Assembly and approve internal regulations and others that may be necessary for the implementation of this code;
x adopt and conclude contracts for supplies or services that may be needed for its best performance; and can delegate the magistrate or judge President or one of the judges or magistrates the granting of respective instruments;
22 xi. Meet and resolve appeals against resolutions of the departmental electoral boards;
XII. meet and resolve requests for annulment of elections and requests for annulment of final ballots; and xiii. Move, remove and punish officials and staff.
((b) by a simple majority of the judges or magistrates: i. authorise a magistrate or judge of the Court to exercise the powers referred to in letter c) of this article;
II. authorizing the license of its judges or magistrates;
III. solve the consultations that formulate him electoral management bodies, representatives of political parties or coalitions or any competent authority;
IV. fines to offenders who do not satisfy this code, without prejudice to the liability for offences or misdemeanours which committed; and v. requiring of the executive body the adoption of measures and the necessary services for the better performance of its functions.
(c) as attribution of a single judge or judge of the Court, prior authorization: i. receive constitutional protest members and members of the departmental electoral boards and give them possession of their posts; and, ii. Represent the Court in specific acts.
SECTION VIII of the ATTRIBUTIONS of the magistrate or judge President or President powers article 65.-the magistrate or judge President or President of the Court shall have the following powers: a. summon to the Court for ordinary and extraordinary sessions in the manner prescribed by this code;
23 b. preside over sessions that hold court and direct the debates;
c. direct administrative activities that are not specifically reserved to the Court;
d. ensure that stays the order and discipline of the staff;
e require the National Civil Police to maintain public order, during the development of the electoral process;
f exercise legal representation of the Court in accordance with the provisions of its own rules of procedure; This representation may delegate it to any other judges or magistrates owners, can also, upon approval of the Court, granting the powers it deems necessary;
g supervising the operation of the premises of the Tribunal for the effective fulfilment of its purposes; and, h. The other powers conferred on him by this code.
SECTION IX LAS obligations of the judges or magistrates obligations Article 66.-are obligations of judges or magistrates, the following: a. attend the sessions of the Tribunal whether ordinary or extraordinary;
b. dispatch issues which are assigned to them;
c. sign along with the magistrate or judge President or President decrees, minutes, resolutions, requests, agreements and any actions that have been approved in the session; and, d. Others assigned by the code and its regulations.
Chapter II of the internal organization of Court Supreme election organization internal article 67.-the Court in its internal organization will have the following dependencies: 24 a. General Secretariat;
b. administrative direction;
c. institutional financial management;
d. data processing unit;
e Comptroller General;
f legal unit;
g planning unit;
h. management of training and civic education;
i. the Electoral project unit; and, j. address of the Electoral Register.
The Court can create permanent or temporary agencies that deems necessary, according to their needs and within the nature and functions established by law.
The rules of procedure of the Court shall regulate the duties and powers of these agencies and their officials.
The departments and sections of each organizational unit, shall be established according to the needs and the functions assigned by the Court.
Officials or civil servants responsible for the units referred to in this article, the same disabilities of the Secretary general of the Court shall apply.
SECTION I of the GENERAL requirements article 68.-the Secretary General Clerk's, shall be exercised by the Secretary or Secretary general, who will be El Salvador or Salvadoran, in the full exercise of political rights, lawyer and notary of the Republic, not be a spouse or relative within the fourth degree of consanguinity or second of affinity, with none of the judges or magistrates of the Court or adoption Chairman or President and Vice President or Vice-President of the Republic, President or President of the Legislative Assembly, President or President and judges or magistrates of the Supreme Court of Justice, President or President and judges or magistrates the Court of accounts of the Republic, Attorney or solicitor for the defence of human rights, Attorney General of the Republic and 25 attorney or Attorney General of the Republic. It will take office upon protest of law before the Court.
All the proceedings of the Tribunal shall be authorized by the Secretary or Secretary, under penalty of nullity.
There will be a Secretary or Deputy Secretary general or Deputy who should fill the same requirements of the Secretary or Secretary general; its functions shall be determined by the regulation and in the event of absence or license of the Secretary or Secretary general, shall have the same powers and duties.
Powers and duties Article 69.-the Secretary or Secretary general of the Court shall have the powers and duties following: a. have under their responsibility and self-care books of acts, agreements, resolutions and records designated as responsibility of the collegiate body;
b. answer queries and reports you requested the Court because of their functions.
c. write the minutes of the sessions of the Court and authorize them with his signature once approved and be present at all sessions of the Tribunal, having only right to speak;
d. realize regularly judges or magistrates, of the proceedings they are in State of resolution and of the other matters that must be their immediate knowledge;
e legalize with his signature all resolutions and other legal proceedings of the Tribunal under penalty of nullity;
f extend the attestations and certifications requested in accordance with the law;
g perform notifications and respective citations;
h. display to accredited persons, records and documents that are filed or pending, without allowing that they are broken down or removed from the Secretariat;
i. receive requests and writings, putting to them the reason for presented;
j inform electoral bodies and to whom it may concern decisions emanating from the Court;
k certifying officials or civil servants responsible for designated units in article 67 of this code, resolutions whose implementation may be responsible;
l carry credentials log book; and 26 m. The others who point him to this code.
SECTION II of the address administrative requirements article 70.-the address administrative shall be exercised by the director or administrative director who will be El Salvador or Salvadoran, in full exercise of their political rights, more than twenty-five years of age, graduated in suitable profession and experienced for the charge and not have the relationship referred to in article 68 of this code.
Powers and duties Article 71.-the address administrative will depend on the Court and shall have the powers and duties following: a. be responsible for the administration of the Tribunal, all of its dependencies and other agencies;
b. run the institutional operational annual plan together with the other units;
c. prepare and propose to the Court by the judge President, consolidated annual budget thereof;
d. ensure strict compliance with the established administrative standards;
e submit periodic reports to the Court on the carried out work, for the purpose of assessing results serve as a basis for decision making;
f receive and conduct prompt and timely administrative consultations that formulate you dependencies in charge;
g channel promptly and appropriately to whom it may concern the queries that are not within its competence; and, h. Any other assigned laws, regulations, and the Tribunal.
SECTION III the address financial institutional dependence on organic and requirements article 72.-the address financial institutional organically depends on the Court, will be exerted 27 by the director or financial Director, who must be Salvadoran or El Salvador, more than twenty-five years of age, graduated in profession ideal experience for the position, and not having the relationship of kinship to that referred to in article 68 of this code.
Powers and duties Article 73.-the address financial institutional, shall have the powers and following duties: a. plan, organize, direct, coordinate and supervise the development of financial activities;
b. manage, monitor, and record in a timely and legal financial operations of the institution, according to the guidelines and standards established by the Court;
c. perform the financial management of the activities of the Court, ensuring the timely provision of funds, control of its heritage, showing documents of expenses and the settlement of funds, the Court and the competent bodies;
d. prepare the ordinary and extraordinary operating budgets and propose reprogramming of funds when the needs of the court; warrant it prepare reports and reports from the financial area that requested you;
e collaborate with the various units components of the Court and counsel them on financial aspects that request or on its own initiative; and, f. Others assigned by the Act, the regulations and the Court.
SECTION IV of the unit of data requirements article 74.-La unit of processing data processing directly depends on the Court. The Chief or head of this unit must be Salvadoran or Salvadoran, in full exercise of their political rights, more than twenty-five years of age, graduated in suitable profession and experience for the position and not have relations of kinship, referred to in article 68 of this code.
Powers and duties Article 75.-the unit of data processing, shall have the powers and duties following: a. manage and optimize the use of data processing system by restricting the access of the users according to the rules laid down by the Court;
b. submit to the Court the 28 data processing center activities planning and develop them according to the guidelines given by him;
c. ensure that the activities carried out are according to what was approved by the Court;
d. provide information of mechanized systems that are running in the unit, both the Court and units requiring, because of his work as well as develop processes and jobs that assigned units authorized according to precise instructions
e ensure the effective maintenance of all programs approved by the Court;
f supervise external maintenance of equipment and installations for data processing system;
g collaborate on data processing with all organisational units of the Tribunal;
h. develop procedures and applications related to data processing training, updating and Depuration of voter registration, in coordination with the Directorate of the Electoral Register;
i. develop partial listings by municipality and General around the country of the voter registry, according to the precise instructions of the Directorate of the Electoral Register;
j collaborate in the preliminary and final counts of electoral events;
k keep classified, sorted, and updated files, logs, backups of information and documentation of programs;
l receive and deliver through inventory all the material that the Director of the Electoral registry will provide and return it;
m. prepare its ordinary and extraordinary annual budget, in coordination with the institutional financial management and administrative; and, n. Others assigned by the Act, the regulations and the Court.
SECTION V of the COMPTROLLER GENERAL requirements article 76.-the Comptroller General will depend on the Court and shall be exercised by the auditor or auditor general, who must be Salvadoran or El Salvador, more than twenty-five years of age, in full enjoyment of their rights of citizen or citizen and have been in the five years prior to his election, be certified public accountant or accounting degree 29 , with five years at least in practice and not have kinship relations referred to in article 68 of this code.
Powers article 77.-the Comptroller General shall have the following functions: a. overseeing administrative, financially and technically activities, use of material elements, operations, processes and premises of the Court, in order to ensure the proper functioning, the legality, the purity of the activities, as well as the correct use of resources, about what will inform the Court;
b. check the stationery and other material elements for the elections, to meet the requirements of law;
c. lift in accordance to the law, the records corresponding to when destruction of materials and carry the book of such records;
d. inform the Court by the quickest of any anomalies observed in the development of electoral processes or officials in the exercise of their functions;
e overseeing the accounting and financial operations of the Court and its dependencies, as well as regular and special audits in relation to the expenses incurred by programs from the budget allocated to the Court;
f prepare quarterly reports of the audit activities for submission to the Court or when they are requested; and, g. Others assigned by the Act, the regulations and the Court.
SECTION VI of the unit consulting legal requirements article 78.-Unit legal will depend directly on the Court, and will be headed by a consultant or adviser to legal, who must be Salvadoran or Salvadoran, in exercise of their political rights, more than twenty-five years of age, lawyer and notary, lawyer or notary public of the Republic and not have relations of kinship to that referred to in article 68 of this code.
Powers and duties Article 79-unit counsel will have the powers and duties following: 30 a. give legal advice to the Court and issue opinions of legal and legal nature which requested you;
b. draft rules of procedure of the Court;
c. conduct studies on electoral matters, for the elaboration of projects of law and regulations inherent in the work of the institution;
d. maintain an up-to-date file of all constitutional, legal and regulatory provisions and other instruments relating to electoral matters;
e to the various units of the court give advice upon request by reason of their functions; and, f. Others assigned by the Court.
SECTION VII of the planning requirements unit
Article 80.-the unit of planning will directly depend on the Court. The Chief or head of the unit must be Salvadoran or Salvadoran, in full exercise of their political rights, more than twenty-five years old, graduate of ideal profession and experience for the position, as well as not having the kinship relations referred to in article 68 of this code.
Powers and duties Article 81.-the unit of planning shall have the powers and following duties: a. plan and carry out investigations and studies which may be necessary to present alternatives on action plans;
b. prepare the annual operating plan of the Court;
c. prepare annual work report and upon approval of the Court;
d. evaluate and constantly analyze the progress of the projects, according to procedures and results, in order to detect any deviation or discrepancy in their execution, formulating the recommendations of the case;
e prepare the drafts of the electoral processes, programming and describing each of the activities;
f make the study of the necessary materials and quantities required for electoral 31 events;
g advise the Electoral project unit logistics;
h. providing technical advice to units that request;
i. designing action plans necessary for the conduct of all projects;
j design systems of evaluation and control of the activities and projects;
k to technically advise the agency chartered to the decision-making on the projects within their competence;
l collaborate in the preparation of regular and special budgets of functioning of the Tribunal;
m. develop and keep updated the manuals of organization, functions and procedures of the Tribunal;
n. pay regular reports on the work carried out so that they serve as a basis in decision-making; and, or. Others assigned by the Act, the regulations and the Court.
SECTION VIII of the address training and education civic requirements article 82.-direction training and civic education will directly depend on the Court. Director or Director must be Salvadoran or Salvadoran, in full exercise of their political rights, more than twenty-five years of age, graduate or graduate profession suitable for the office and not having the kinship relations referred to in article 68 of this code.
Functions article 83.-the management of training and civic education will have the following functions: a. Design, plan and develop events and activities aimed at strengthening the knowledge and practice on the matter and electoral processes, in the different sectors of society with special attention to the persons designated to be part of the electoral bodies, as well as for the Administration and control of these processes;
b. permanently to train staff of the Tribunal;
32 c. develop programs civic politicians aimed at all citizens to encourage them in their participation in electoral and democratic;
d. collaborate with other institutions of the State and private, in the task of raising the level of electoral and democratic civic education in the country, mainly in private at all levels and public education centres; and, e. Others assigned by the Act, the regulations and the Court.
Authorization of activities article 84.-plans work, didactic material and the programmatic content of all events that develop the unit, must be previously approved by the Court, with the knowledge of the Board of election monitoring.
SECTION IX unit project ELECTORAL character permanent article 85.-the unit of the election, is a unit directly dependent of the Court, created exclusively to run the administration of the electoral process, is permanent. Its duties and obligations shall be determined by this code and its regulations.
SECCION X DIRECCION registry ELECTORAL unit Art. 86.-the address of the Electoral is a dependency of the Supreme Electoral Tribunal.
Article 87.-the address of the record Electoral functions shall have the following functions: a. develop under reliable and technical methods voter registration which will form the basis for the preparation of the electoral roll;
b. draw up the electoral register as refined and updated every six months, as well as thirty days before any electoral event and in extraordinary form when the Court so dispose; and c. all other assigned by the Act, the regulations and the Court.
33. section XI of the Registrar or cash register ELECTORAL requirements article 88.-the Registrar or electoral register must be Salvadoran or Salvadoran, in full exercise of their political rights, more than thirty years of age, with a university degree and not have the kinship relations referred to in article 68 of this code. The removal of this official or officer must be previously communicated to the Electoral supervision Board.
Powers and duties Article 89.-the recorder or register election shall have the powers and duties following: a. solved within its competence, all requests that formulated him;
b. raise the Tribunal consultations it deems relevant, as well as to evacuate that the Tribunal formulated him;
c. cooperate with the Tribunal in the collection and elaboration of listings for the integration of the joint recipients of votes;
d. coordinate with the Chief or head of the data processing unit, measures to provide in relation to voter registration and electoral rolls, as well as the corresponding tasks, in order to achieve efficient and timely;
e make the preparation of the necessary documentation for the registration of the citizen or citizen in the electoral register and to prepare the electoral rolls;
f supervising the timely and accurate preparation of documents relating to voter registration, as well as with regard to registration, updating and Depuration of the same;
g monitor the accurate and timely preparation of the electoral rolls, coordinating effectively with the data processing center;
h. a thorough inventory of the material that is delivered and received data processing center;
i. put the Court with a copy to the electoral Prosecutor, of any abnormality that occurs in the sphere of its competence; and j. The other powers that designate you the Act, the regulations and the Court.
34 replacement Article 90.-in case of temporary absence of the Registrar or Registrar, replace it temporarily the person designated by the Court, filling the same requirements of the holder.
Chapter III of LAS JUNTAS electoral departmental integration and headquarters article 91.-Las Juntas electoral departmental will have its headquarters at the departmental head with jurisdiction in their respective departments, will be integrated with a maximum number of five members or proprietary members and their respective alternates; four of them or they will participate with its own right a proposal from those political parties contending that have obtained the largest number of votes in the last election of the same type that have participated. * The fifth or fifth will be elected or chosen by lot from among the rest of parties or coalitions who, having participated in that same election, obtained legislative representation and will be nominated or appointed by the Court. For the operation and decision-making thereof, it will be necessary to count with the majority of members, or members. The departmental electoral boards may act with a minimum of three members or proprietary members and their respective alternates. * DECLARED unconstitutional when not had completed four members or members that designates the previous point, since in the last elections of the same type have only involved two or three political parties or coalitions of parties, vacant spaces, will be completed by the political parties disputing who have obtained greater legislative representation in this last election.
The Court should be equitably distributed among the proposals, the positions of President, Secretary, first vocal, Second Committee and third vowel, with a percentage allocation equivalent to twenty percent of each charge for each instance of the proponent.
The proposals referred to in the preceding paragraph, shall be at the latest ten days after the call to election and his appointment, protest and installation will be made pursuant to article 115 of this code. Where there is no proposals of candidates or candidates to join the Board, the Court shall appoint persons deemed suitable for this purpose.
The departmental electoral boards, shall comply in its integration according to the legal registration of coalitions, likewise should be limited to owners and alternate representatives of political parties or coalitions resulting contenders after the close of registration of candidates.
When case of elections for President and Vice President, President or Vice-President of the Republic and may be necessary to make a second choice, the departmental Electoral Board will be integrated by the same members or owners and alternate members who were in the first 35
choice and that they are contenders in the second round, and by a third member or owner member and alternate on a proposal from the Court, in which case you can not fall such appointment on any member or members who performed at the original departmental Board; for its working and decision-making, is governed by provisions of subsection first this article.
Proposals and appointments of members or members that will complete the departmental Electoral Board, by the Court, must be more no later than fifteen days before the date of the second election and political parties or coalitions contenders may replace owners and alternate representatives.
Requirements article 92.-to be a member or a member of the departmental electoral boards is required be Salvadoran or Salvadoran, older than twenty-one years of age, notorious instruction and honesty, and not have any disabilities mentioned in article 74 and 75 of the Constitution of the Republic.
Protest constitutional article 93.-the Member or members of the departmental electoral boards, before taking office, shall render the constitutional protest to the Court and its functions will give beginning immediately.
In terms of completion of their duties it will be to have the Court.
Powers article 94. are responsibilities of the departmental electoral boards: a. receive the protest of Act members and members of the municipal electoral boards and give them possession of their posts;
b. monitor the fulfilment of the obligations of the municipal electoral boards and joint recipients of votes and give immediately to the Court with a copy to the electoral Prosecutor of anomalies that constataren;
c. learn in grade of the resolutions of the municipal electoral boards, in accordance with this code;
d. decide on incidents that arise in the vote, when they have not been properly resolved by the municipal electoral boards;
e give notice immediately to the Court by any means, of public order alterations that occur during the development of electoral activities and the lack of guarantees for the proper conduct of the electoral process;
f receive the records and documents referred to them by the municipal electoral boards; and 36 hand to turn all this documentation to the Court immediately, keeping copies referred to him by this code;
g monitor the correct operation of the municipal electoral boards, their delegate or delegates and joint recipients of votes;
h. take all measures necessary, aimed at the proper conduct of the election process in their jurisdiction;
i. reporting to the competent authorities when appropriate, breaches that electoral laws the authorities or private individuals, realizing that the Court and the electoral tax, mentioning the proof or documentation;
j require the help and assistance of the competent authorities, to ensure order and the purity of the electoral process;
k give responsibility to the municipal electoral boards, ballots for voting, all objects and other stationery required for the electoral process;
l keep the register of registration of candidates or candidates for municipal councils, certified registrants payroll and return the books of registration of candidates or candidates for the Court, at the latest 45 days before the elections; and m. repealed. (1) is function of the clerk or Secretary of the departmental Electoral Board, in addition to those indicated by law, receive all presented written and immediately inform the other Member or members and the Court; If that will not find the Secretary or Secretary, any member or member of the departmental Electoral Board is obliged to receive the letter and report thereon. Failure to comply with the above shall be punished pursuant to article 235 of the code.
Chapter IV the boards electoral municipal integration and headquarters article 95.-Las Juntas electoral municipal will have its headquarters and jurisdiction in the relevant municipality, will be integrated with a maximum of five members or proprietary members and their respective alternates; four of them or them a proposal from those political parties disputing who obtained the largest number of votes in the last election of the same type that have participated. * The fifth or fifth will be elected or chosen by lot from among the rest of parties or coalitions who, having participated in that same election obtained legislative representation, and will be nominated or appointed by the Court. For the operation and decision-making thereof, it will be necessary to count with the majority of members or members; also its Constitution will require a minimum of three members or proprietary members and their respective 37 alternate; where there is no proposals of candidates or candidates to join the Board, the Court shall appoint persons deemed suitable for this purpose. * DECLARED unconstitutional when not had completed four members or members that designates the previous point, since in the last elections of the same type have only involved two or three political parties or coalitions of parties, vacant spaces will be completed by the political parties disputing who have obtained greater legislative representation in this last election.
The Court should be equitably distributed among the proposals, the charges of President, Secretary, first Vocal, Second Committee and third vowel, with a percentage allocation equivalent to twenty percent of each charge for each instance of the proponent.
The proposals referred to in the preceding paragraph, shall be later than 80 days prior to the date of the election and his appointment, protest and installation will be made pursuant to article 115 of this code.
The municipal electoral boards, shall be limited in its integration to representatives, owners and surrogates, political parties or coalitions resulting contenders after the close of registration of candidates.
When case of elections for President and Vice President, President or Vice-President of the Republic and may be necessary to make a second choice, the Municipal Electoral Board will be integrated by members or proprietary members and alternate members who were in the first choice and that they are contenders in the second election, and by a third member or owner member and alternate to proposal by the Court in which case you can not fall such appointment on any member or members who acted in the original Municipal Electoral Board; for its working and decision-making, will they be governed by provisions of subsection first of this article.
Proposals and appointments of members or members that will complete the Municipal Electoral Board, by the Court, must be more not later than fifteen days before the date of the second election, and political parties or coalitions contenders may be replaced to their owners and alternate representatives.
The municipal electoral boards may appoint delegates or delegate as needed, for each of the voting centers established in municipalities having more than three polling places; These appointments will be done of the proposals made by the political parties that make up the Municipal Electoral Board. The performance of delegates will take place at the polling place at which are assigned duties are support to the Municipal Election Commission as a collegiate body, and will only have the functions expressly established in law, begin a day before the election, and ending the day after and they shall exercise the voting in the place that corresponds to them, according to the electoral register.
The delegate or delegates will be previously trained by the Court for the proper performance of its functions.
38 protest constitutional article 96-members or members of the municipal electoral boards, shall assume office upon constitutional protest that surrender to the respective departmental Electoral Board and its functions will begin immediately. In terms of completion of their duties it will be to have the Court.
Requirements article 97.-to be a member or a member of a Municipal Electoral Board is required to be Salvadoran or Salvadoran, the instruction required, of recognized honesty, older than twenty-one years of age, and do not have any disabilities referred to in articles 74 and 75 of the Constitution of the Republic.
Powers article 98. are responsibilities of the municipal electoral boards: a. receive the protest of law to members or members of the joint recipients of votes and give them possession of their posts at least twenty days before the election in question;
b. deliver in a timely manner under its responsibility to the joint recipients of votes, by itself or through its delegates or delegates, all objects and stationery required for the electoral process;
c. monitor by itself or through its delegates or delegate the integration of the recipients together of votes at the time start the vote and take the appropriate measures to ensure their legal integration, taking into account provisions in articles 190 and 191 of this code;
d. know and resolve any situation that interfere in the normal development of the voting and reporting complaints that, in relation to the election process, the departmental electoral boards and the Court was filed against members or members of the joint recipients of votes;
e receive the records and documentation to give your delegate or delegates, or joint recipients of votes and based on these, draw up a municipal general act preliminary scrutiny, in accordance with this code and immediately deliver to the Court the original with a copy to the departmental Electoral Board that corresponds and one to each of the political parties or coalitions contenders later eighteen hours after after the vote and retain in his possession one of the original of the certificate referred to in article 209 of this code, to the effects that the same points; the non-delivery of the copy of the mentioned Act to political parties or coalitions contenders, will be punished according to the provisions of article 235 of the code;
39 f. give immediately to the departmental Electoral Board, the Court, Electoral Prosecutor and to the Board of election monitoring, alterations to public order which occur, on the occasion of the vote, as well as of any other violation of the law and of the inadequacy of the guarantees for the proper conduct of the elections;
g strictly monitor the operation of the joint recipients of votes; also either by itself or through their delegates, ensure the safety of the transfer of the electoral packages.
h. require the assistance of the competent authorities to ensure the purity of the electoral process;
i. refer to the respective departmental Electoral Board and the Court, when emerging doubts in the implementation of this code;
j report to the competent authorities, laws and violations of this code, which committed the authorities or private individuals against the electoral process, realizing that the respective departmental Electoral Board, the Court, the Attorney General and the Electoral supervision Board, including testing and documentation;
k take measures aimed at the proper conduct of the election process in their jurisdiction;
l repealed. (1) m. Others assigned by the present code and the Court.
Chapter V of LAS JUNTAS recipients of votes appointment article 99.-thirty days before any electoral event, the Court shall appoint the joint recipients of votes, which will be integrated by a maximum number of five members or proprietary members and their respective alternates, four of them or they will participate with its own right a proposal from those political parties contending that have obtained the largest number of votes in the last election of the same type that have participated. * The fifth or fifth will be elected or chosen by lot from among the proposals from other parties or coalitions who, having participated in that same election, obtained legislative representation. The Court should be equitably distributed among the proposals, the charges of President, Secretary, first Vocal, Second Committee and third vowel, with a percentage allocation equivalent to twenty percent of each charge for each instance of the proponent. The vote reception boards may act with a minimum of three members or proprietary members and their respective alternates. * DECLARED unconstitutional 40 when not had completed four members or members that points the previous point, since in the last elections of the same type, they have only involved two or three political parties or coalitions of parties, vacant spaces will be completed by the political parties disputing who have obtained greater legislative representation in this last election.
The boards vote recipients will work for the time necessary for the fulfilment of its functions.
Proposals and integration article 100.-forty five days before an electoral event, political parties or coalitions contenders, shall send to the Court the proposal of its members or members to integrate the Board vote recipient with separation of municipalities, which must be taken as a priority by the Court for the integration of these electoral bodies.
If expiry the period mentioned in the preceding paragraph, political parties or coalitions contenders, they do not remitieren such listings or they done it in partial form, the Tribunal will integrate the recipient Board of votes complementarily with the lists referred to in article 102 of the code.
In any case the joint recipients of votes, can be integrated with two or more representatives of a political party or coalition contender.
Requirements article 101.-to become a member or member of the Board recipient of votes is required to be Salvadoran or Salvadoran, eighteen years, of recognized honesty, know to read and write properly and do not have any disabilities referred to in articles 74 and 75 of the Constitution.
Complementing article 102.-for the purposes of the second paragraph of article 100 of this code, the Court will take, effect of complementing the joint recipients of votes for each municipality the following: a. the lists of students of high school and University, over the age of eighteen years of age; such lists shall be provided by the management of the respective public and private educational centres;
b. listings of members and members of the national teachers who will need to provide the Ministry of education and the centers of education in the country;
c. the public listings of employees that must provide you primary units of the Executive Branch and autonomous entities, with the exception of the Ministry of defence and the National Civil Police;
d. the listings of members and members of associations and unions of professionals and technicians 41, which should be provided by their address maximum agencies;
e listings of members and members of organizations of workers with legal status, by means of its address maximum agencies;
f listings of male and female employees of companies and private institutions, by their owners or address maximum agencies;
(g). The listings of members and members of clubs or institutions with legal personality, by means of its address maximum agencies;
h. citizens and citizens registered in the electoral register, prior information to the Court, his domicile, capacity and requirements indicated in the preceding article;
e, i. The lists of citizens who voluntarily enroll in the Court, to be members and members of the joint recipients of votes, as long as they meet requirements.
Listings that sectors provide to the Court, must be with separation by municipality, according to the place of residence of the citizen or citizen, without missing the exact address.
In any case the Court you can integrate a Board vote recipient with two or more members from the same source listings. If not have listed or not in sufficient quantity, it will make the source indicated in the literal h of this article.
Enforcement article 103.-the institutions and establishments referred to in the foregoing article shall be obliged to provide their respective listings in November of the previous year of the election concerned, non-compliance penalties will be.
Research and collection Art. 104.-the Court will carry out research and gathering of the lists referred to in article 102 of this code; also the direction of the Electoral Registration, according to the instructions of the Court, settle and will archive these listings with separation by municipalities.
Design of forms Art. 105.-the Court will design forms and processes for the collection of information, its concentration, and the formulation of the listings.
Political parties and coalitions, through the Board of election monitoring, monitor compliance as provided in the preceding articles in a special way.
42 integration for the second election Presidential article 106.-when case of elections for President and Vice President, President or Vice-President of the Republic, and is necessary to make a second choice, the recipient Board of votes will be integrated by members or owners and alternate members of the political parties or coalitions that were in the first choice and that they are contenders in the second election and by a third member or owner member and alternate appointed by the Court, from the lists referred to in article 102 of this code, in which case you can not fall such appointment on any member or members who acted in the Board receiving vote original, on behalf of political parties or coalitions that are not contenders in the second election.
Number of boards per municipality and centers of vote article 107.-the Court will determine more take hundred and twenty days prior to each election, the number of the recipients together of votes which must be established in each municipality.
All governmental, autonomous and municipal institutions, and especially the educational,
During electoral processes, they are forced to put at the disposal of the Supreme Electoral Tribunal, free of charge, facilities or infrastructure required him, responsible for returning them in the State that are received.
For any reason may locate the joint recipients of votes on military or police installations.
Powers art. 108. are responsibilities of the joint recipients of votes: a. receive under their responsibility, the Municipal Electoral Board or its delegate or delegates, packages containing election documents and materials to be used during voting, in accordance with the dictates special instructions by the Court;
b. perform the preliminary ballot, vote by vote, at the end of the voting process and enter the result in the corresponding Act, and must be signed, no excuse for all members or members of the same, for the purposes of law;
c. return to the municipal electoral boards or their delegates, media and electoral documents;
d. ensuring compliance with the Act and all provisions relating to the electoral process; and, e. Other functions that give this code, the regulations and the Court.
43 appointment exceptional Art. 109.-If by any cause or reason at the time of the installation of a receiver Board of votes, absent any of the members or members of the same, the departmental, or Municipal Electoral Board charge of voting Centre, shall appoint to any citizen or citizen which fulfills the requirements established in this code and be notified to whom it may concern.
Force extraordinary Art. 110-where for legal reasons they have to perform subsequent elections within the electoral process, the joint recipients of votes will be in force until this is performed.
Remuneration Art. 111.-the Court prior to any electoral event, shall fix the remuneration of each Member or member of the joint recipients of votes and members or vigilant members of political parties or coalitions against them; the remuneration of the Member or members of the joint recipients of votes, will be paid in accordance with a procedure established by law, which will begin immediately after the delivery of the close and preliminary scrutiny to the Board Act.
The remuneration of the accredited security guards before each recipient Board of votes, will be given by the Court to political parties or coalitions, more no later than ten days before the date specified for the election concerned and according to the districts where such parties or coalitions are contenders.
Political parties, according to the minutes of each Board recipient of vote counting which corresponds to the Court and closing, should settle this over take forty-five days after the date of the elections, the payments made according to the preceding paragraph.
Advance payment to political parties or coalitions contenders, are entitled shall be guaranteed, through one sufficient bond allow return to the Court difference I found between the received advance and practiced liquidation.
Inability to install JRV Art. 112.-when, for reasons of force majeure or unforeseen circumstances in the opinion of the Court, in one or more municipalities not possible install joint recipients of votes, the Court will determine the closest municipalities where it will be installed the joints recipients of votes corresponding to the affected municipalities, prior knowledge of the Electoral supervision Board.
44 chapter VI provisions common to the three chapters earlier license to perform electoral functions art. 113.-all person or legal entity to be under their authority or dependency to citizens or citizens who are has conferred a post or appointment in some electoral body, is obliged to grant him permission with pay by the time required for the performance of their electoral duties.
Mandatory signature of proceedings article 114-the members or members of the electoral bodies, are required to sign all his performances without excuse. In case of disagreement with what was agreed by a majority of its members, or members, they must record their vote negative and in any case, sign the performance.
Deadline for the nomination of members or members of electoral bodies Art. 115.-the Member or members of the electoral bodies, with the exception of the joint recipients of votes, will be appointed or appointed within eight days following the date of their proposals. Political parties contending that have submitted proposals for integration, will have the faculty to introduce changes and modifications therein. The Court and other electoral agencies, shall ensure that designated persons eligible and do not have any disabilities which designates the law.
If the proposals of the contending political parties not they attain to integrate the electoral management bodies referred to in this code except for the reception of votes together, the Court or the agencies, appoint freely members or members that lacks; Similarly it will be if they do not present any proposal.
The designated payroll or designated in all electoral management bodies, will be announced contenders, who will be notified in writing to the political parties and coalitions.
Protest of electoral management bodies act, must be filed within eight days subsequent to the date of his appointment.
Ban more than one member in Art. 116 electoral management bodies.-the integration of the departmental electoral boards and municipal electoral boards, when one or more members of a coalition political parties participate simultaneously in independently in any other election, shall be entitled to appoint an owner representative and his/her respective substitute and in such a case the Coalition is not entitled to representation.
45 authentic interpretation Decree N ° 870 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that through Legislative Decree N ° 413, dated 3 July 2013, published in the official journal N ° 138, Tome N ° 400, July 26, 2013, was issued the Electoral Code.
II.-that the article 131 article 5 of the Constitution, established the Faculty of this Legislative Assembly of authentically interpreting the law.
III.-that the article 209 of the Constitution of the Republic, says that the law shall establish the necessary organizations for reception, count and control of votes and other activities relating to suffrage and shall ensure that they are integrated so that does not prevail in them no party or coalition of parties.
IV. that article 116 of the Electoral Code establishes the prohibition of more than one member in electoral management bodies of a party or coalition of parties.
V that the current drafting of article 116 of the Electoral Code, you can generate confusion at the time of establishing the integration of departmental and municipal electoral boards, generating predominance of a party or coalition of parties, in any of these bodies, which would be contrary to the provisions of article 209 of the Constitution.
VI.-that to effect of ensuring compliance with article 209 of the Constitution, it is necessary to authentically interpret article 116 of the Electoral Code to facilitate and to delimit their application.
Therefore, use of his constitutional powers and at the initiative of the Deputy Jackeline Noemi Rivera Avalos and Deputy Carlos Walter Guzman Coto.
Decree: Article 1.-be authentically interpreted article 116 of the Electoral Code, issued by Legislative Decree N ° 413, date of July 3, 2013, published in the official journal N ° 138, 46 N ° 400, July 26, 2013, in the sense that political parties members of coalitions, may only appoint an owner representative and respective alternate take , Coalition, in the integration of the departmental electoral boards, regardless that this only applies to an election, either it is presidential election of Deputies and deputies to the Central American Parliament, and deputies and deputies to the Legislative Assembly; and, in the municipal electoral boards, regardless that it only applied to a choice, either is presidential and municipal councils.
Article 2.-the authentic interpretation related is incorporated into the text of the Electoral Code.
Article 3.-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 twentieth day of the month of November in the year two thousand fourteen.
D.O. No. 222, volume no. 405, date: 27 of November 2014.
Residence compulsory in the municipality article 117-all members and member owners and alternates of the departmental electoral boards, municipal electoral boards and joint recipients of votes, must reside in the Department and respective municipality where to perform their duties as such, thus be credited with their respective single identity document.
Once rendered the protest of law by the departmental electoral boards, municipal electoral boards and joint recipients of votes, these bodies will be obliged to receive appropriate training for the performance of its functions, which will be given by the delegates of the training unit, under the supervision of the Board of election monitoring.
Office in electoral management bodies art. 118.-the mandatory charge of Member or owner or alternate member of an electoral body is compulsory and indispensable.
Only be permitted as grounds for not doing so, the following: a. serious proven physical impediment;
b. need to leave the Republic for weather that should play in the post;
c. have over sixty years of age; and, 47 d. found in any of the cases referred to in the following article.
Article 119.-No impediments may be members or members of any electoral management body: a. relatives among themselves, within the fourth degree of consanguinity or second of affinity, and spouses or relatives by adoption, in a same Board;
b. relatives within a given grade, with any member of an electoral body immediately above the Board concerned;
c. people who are not in the exercise of citizenship rights;
d. civil servants and officials who exercise jurisdiction and their Secretaries;
e officials and elected officials and candidates for such positions; and, f. People high in the armed forces, the municipal members of the National Civil Police and security forces.
Excuses article 120.-the excuses not to accept the position of members or proprietary or alternate members of an electoral body, shall be filed in writing before the Court within seventy-two hours of receipt of the respective official communication.
Proven that they are, shall be excused to the applicant and at the same resolution will be appointed substitute. However, when the cause is impending, you will know the electoral management body to which belong the applicant, in the same resolution that supports the excuse, be ordered to call the alternate and will give account to the Court to appoint the substitute.
The excuses for not accepting the post of Member or owner or alternate member of the Board receiving of vows, will be filed in writing to the respective Municipal Electoral Board, by the person named within three days of the appointments have been notified.
Submitting the application you will excuse to such member or members and in the same resolution, the Municipal Electoral Board will appoint the substitute or replacement and will give account to the Court.
48 title V of the control of the parties political chapter I the right surveillance temporary right of surveillance art. 121.-all party political or coalition legally registered, shall be entitled to temporarily monitor the election process from the call for election until the closing date of the period of registration of candidates or candidates. From this date onwards, only political parties or coalitions contenders will have the right to surveillance; understanding by monitoring the faculty with political parties or coalitions to ensure that compliance with all provisions laying down the laws in the election process and report to the Court and its agencies any anomalies observed.
Conditioning article 122.-the political parties or coalitions will be contenders only in the constituency where they registered candidates or candidates.
Representatives and guards Art. 123.-each political party or coalition contender, have the right to accredit to the departmental and municipal election boards, a representative of owner or owner and a substitute; and before each receiving Board votes, a vigilant owner or owner and an alternate, so exercise control during the period in which these bodies work.
VIGILANT HOMEOWNERS AND ALTERNATES MUST BE OLDER THAN EIGHTEEN YEARS OF AGE, BE EL SALVADOR OR SALVADORAN, OF NOTORIOUS INSTRUCTION AND HONESTY, AND NOT HAVE ANY DISABILITIES THAT ARE MENTIONED IN ARTICLES 74 AND 75 OF THE CONSTITUTION OF THE REPUBLIC; THEY MUST BE REGISTERED IN THE ELECTORAL ROLL OF THE RESPECTIVE MUNICIPALITY WHERE EXERCISING THEIR FUNCTIONS AS SUCH, WHICH CHECKED WITH YOUR SINGLE DOCUMENT OF IDENTITY. THEIR QUALITY IS CREDITED TO THE BOARD RECIPIENT OF VOTES WITH THE CREDENTIAL ISSUED BY THE LEGAL REPRESENTATIVE OF HIS PARTY POLITICIAN OR RESPECTIVE COALITION; OR BY THE REPRESENTATIVE ACCREDITED BY THEM TO THE SUPREME ELECTORAL TRIBUNAL. THE CREDENTIALS MUST BE PROPERLY SEALED AND MAY BE SIGNED OR DRIVEWAYS WITH FACSIMILE. NON-COMPLIANCE TO REGULATED BY THIS PROVISION, SHALL BE CONSIDERED AND PUNISHED IN ACCORDANCE WITH THE CRIME OF ELECTION FRAUD. (5) alternate Art. 124.-each EMB will only admit an owner or owner or caretaker representative where appropriate, by each political party or coalition contender. In the absence of this, the respective alternate may act 49 at any time. To facilitate the implementation of this substitution, the owner and alternate must remain at the polling place.
Chiefs or heads of Centre and supervisors Art. 125.-each party politician or contender Coalition, also shall have the right to accredit to the Municipal Electoral Board, a Chief or Chief by each centre of voting and a supervisor or supervisor for every twenty recipients together of votes or fraction in the Center, with their respective substitutes, in order to give counsel to the guards that referred to in article 123 of this code and must meet the same requirements of those.
Article 126.-the special prohibition candidates to deputies and members owners and alternates, in no case may be appointed or accredited how vigilant, supervisors or heads of Centre in legislative and municipal elections.
Facilities Art. 127-chiefs and heads of Centre vote, representatives, supervisors and guards of the political parties or coalitions contenders, will be given all the necessary facilities for the performance of their functions to the electoral body in question; and for the proper functioning and purity of the respective electoral process, may participate in the deliberations only have the right to voice. For this purpose, that body will convene them with due anticipation when necessary.
Powers art. 128.-are powers of the representatives of the political parties or coalitions: a. consult records, documents, and anything else related to the election process in the respective offices and apply for certification, when any right;
b. present in writing for consideration by departmental and municipal electoral boards, before which are accredited, suggestions for the implementation of the law;
c. monitor the receipt of voting materials, the installation of the joint recipients of votes, votes and the scrutinies carried out in the respective boards, and must sign the corresponding minutes;
d. submit written with electoral authorities, requests it considers relevant; the electoral management body shall acknowledge receipt in writing immediately to the representative;
e filing on behalf of the political party or coalition that represents, the demands and 50 resources to any place; and, f. request the incorporation of members and members duly accredited in the joint recipients of votes, in accordance in article 191 of the code.
These same powers will, on applicable, accredited watchers before the joint recipients of votes.
The lack of concurrence of any representative or caretaker of a political party or coalition, or the lack of his signature on the corresponding Act, in the case of clause (c), shall not be cause for annulment, but will be recorded in the minutes the reason why it was not signed. Also, in the case of sign and not agree with its content, you must manifest their dissatisfaction in the same Act.
Deprivation of functions art. 129. representatives or watchers of political parties or coalitions, that severely interrupt in Word or deed, functions of electoral management bodies or interfere in the development of the electoral process, will be deprived of its function without any formality and immediately replaced by the alternate, for whom the effect should be kept in the respective place without right to intervene up to as the owner's representative has not been removed. Everything that happened will be recorded in minutes, immediately you'll notice to the Court and the electoral Prosecutor to his knowledge.
Chapter II of the law of surveillance permanent section I of the representative of the parties political before the Court Supreme ELECTORAL accreditation before the Court article 130.-each party political will have right to certify to the Court, an owner representative and an alternate for the purposes of permanent surveillance established in this code.
SECTION II of the Board in monitoring ELECTORAL character and functions
Article 131.-the Board of election monitoring, is a permanent, responsible for overseeing the activities and performances of the premises of the Court, the temporary electoral management bodies, and the national registry of natural persons, under the terms set out in 51 this code.
Integration article 132.-the Board of election monitoring, will be integrated with a director or principal owner and an alternate appointed by each of the legally registered political parties.
Directors or managers who integrate the Electoral supervision Board, may remain the time deemed necessary, in the offices and facilities of the Supreme Electoral Tribunal, and of the national registration of the natural persons, when they are working; both institutions will be obliged to provide them with the facilities of operation for the performance of its functions in an effective and timely way.
Character Advisory article 133.-the Court, for the realization of projects of importance in electoral matters, shall convene the Board election monitoring with consultative status or check.
Organization and operation article 134.-the Board of election monitoring will be organized according to their own regulations, shall draw up its rules of procedure and its budget, be held validly with the majority of members and members that compose it and take decisions with a simple majority of its members, except for the preparation of its rules of procedure and its budget which must be adopted with the votes of two-thirds of the members or the members that compose it.
Article 135.-the Board of surveillance powers shall have the following powers: a. monitor the Organization, updating, debugging and publication of voter registration, as well as the issue of the electoral rolls prepared by the Court Supreme Electoral;
b. monitor the issuance and delivery of the single document of identity, both in country and abroad, through its directors, managers or delegates or delegates; also, monitor and audit systems of the national registry of natural persons and the register of the single document of identity, and with regard to the elaboration of the same;
c. access to information and documents that the Tribunal, when necessary, for the fulfillment of the powers conferred on him by this code;
d. propose to the Court the necessary measures to improve, streamline and ensure the purity of the system and the electoral process;
e to attend the session to be convened by the Court, only entitled to 52 voice. Any abnormal situation established, should put it in knowledge in writing to the Court and the electoral Prosecutor;
f request to the Court, or to the national registry of natural persons as the case, when they have thus decided it mostly, so meeting and learn about what it deems fit to undergo his knowledge. The Court or the registry as the case may be, shall convene in one period not more than three days after receiving the application;
g monitor compliance with the terms established in this code;
h. enforcing estr conflict of legal provisions during the entire electoral process;
i. monitor the Organization, installation and training of temporary electoral management bodies;
j know models and forms that are required for the practice of elections, before being approved by the Court;
k monitor and observe the entire process of scrutiny, from the phase of preliminary results, until the Declaration confirmed the results;
l opinion before the Court Supreme Electoral, on the quality of the indelible ink or other mechanisms that guarantee the issuance of voting security;
m. monitoring compliance with the electoral calendar;
n. know the regulations relating to the electoral process;
or supervise the printing of the ballot process;
p know the plans and monitor the functioning of the electoral project;
q oversee the legal closure of voter registration; and, r. Others pointing to this code and the regulations.
Budget article 136.-the Court shall include in its annual budget, the budget presented by the Electoral supervision Board, as well as the emoluments and benefits of law of their directors or directors which will be recognized in the form of diets.
Forming a new political party, the Court shall request the corresponding budgetary reinforcement to cover the emoluments and benefits of new members or members of 53 Electoral supervision Board.
SECTION III monitoring of the processes of the Centre of processing of data surveillance system computer Art. 137.-the computer system of voter registration, will be monitored and controlled permanently by the Electoral supervision Board; by means of techniques or technicians appointed by each political party legally registered, proposed to the Court by the Electoral supervision Board and accredited by the corresponding unit.
Facilities for the Art. 138-A surveillance technicians or techniques outlined in the previous article, will be given access to the computer system that stores and processes the voter registration, giving each one a computer terminal so they can verify the processes, technical testing and checks of your interest.
The data processing center will be obliged to provide the information and facilities that request you the technical.
Notification of start of the scrutiny Art. 139.-the Court will notify contending political parties, the time and date of the entire preliminary scrutiny and end for their respective verification, monitoring and inspection, which will be monitored in the data processing center, until its closure by the technical representatives referred to in this section.
Depending on the technical article 140.-the technical and techniques appointed by political parties, not depend on activities of the Court or its dependencies, will only respond to the party that proposed them.
Pay article 141.-the wage of technicians and techniques outlined in the present section, will be cancelled by the Court as well as all employee benefits to which they are entitled. The amount of wages shall be fixed by the Court and shall take it into account in the elaboration of its general budget.
54 title VI the candidates or candidates chapter I of the procedure of registration opening and closing Art. 142.-the registration period of candidates for President and Vice President, President or Vice-President of the Republic, deputies and deputies to the Central American Parliament and Legislative Assembly, will open the day after the date of call for elections;
for the lists of candidates or candidates for municipal councils, one day after the protest and installation of the departmental electoral boards.
THE ENROLLMENT PERIOD IS CLOSED FOR NOMINATIONS FOR CHAIRMAN OR PRESIDENT AND VICE-PRESIDENT O VICE PRESIDENT, NINETY DAYS BEFORE THE DATE DESIGNATED FOR THE ELECTIONS, CANDIDATES OF DEPUTIES AND DEPUTIES TO THE CENTRAL AMERICAN PARLIAMENT AND SEVENTY-FIVE DAYS BEFORE THE DATE FOR THE ELECTIONS, AND THE CANDIDACIES OF DEPUTIES AND DEPUTIES TO THE LEGISLATIVE ASSEMBLY AND MUNICIPAL COUNCILS , FIFTY DAYS BEFORE THE DATE DESIGNATED FOR THE ELECTIONS. IN BOTH CASES, YOU WILL HAVE UNTIL MIDNIGHT ON THE LAST DAY, BUT IF THIS IS NOT A BUSINESS DAY, IS COUNT TO THE LAST HOUR OF THE FOLLOWING WORKING DAY. (2) applications for registration art. 143.-the application for registration of lists of candidates to the President or President and Vice President or Vice-President of the Republic, members or deputies to the Central American Parliament and MPs or deputies to the Legislative Assembly, must be submitted to the Secretariat of the Tribunal.
The application for registration of lists of candidates or candidates postulated to municipal councils must be submitted to the respective departmental Electoral Board.
In the case of candidates to President and Vice President, President or Vice-President of the Republic, applications must be submitted personally; in the case of candidates or candidates postulated to members or deputies and municipal councils, applications may be personally or through representatives accredited by the respective parties or coalitions registered, in which case the postulated candidate firms should be legalized.
Candidates and candidates for any elected office and that they have been registered by the Court to participate in any election after legislative and municipal election of 1997, is not obliged to present the birth certificate of their parents when they trataren elections in the same class.
55 requirements of the applications of registration article 144.-the application for registration of candidates running for President and Vice President, President or Vice-President of the Republic and to municipal councils, will be presented by complete forms by political parties or coalitions contenders; If the form is incomplete it will be inadmissible.
For the application for registration of candidates to deputies to the Legislative Assembly and the Central American Parliament by political parties and coalitions, the presentation of the complete form according to charges will be required to choose in each constituency.
The application for registration of candidacy for Congressman or Congresswoman by non-party people, will be personally and will be individual, regardless the number that corresponds to choose in the corresponding electoral district.
Nominations shall be recorded provided that they comply with the requirements of this code, the political parties act and other applicable laws.
Deadline for resolving Art. 145.-the applications will be immediately considered by the Tribunal or the departmental Electoral Board in his case, who resolved the task within three days of its presentation.
If the application meet the requirements of the Act, the application must register. If it is not met the legal requirements within the period referred to in the first paragraph, the Court or the departmental Electoral Board must resolve specifically indicating the reason that is based and where remedied prevented compliance with these requirements within three business days following the notification of. Remedied whatever must register the form.
In case of failure to comply with the requirements of law will be definitely denied the registration within twenty-four hours.
All registration of candidates or candidates for popularly elected positions, must be notified to the interested party, and published by the Board in the case of the departmental electoral boards, and in the case of registrations before the Court, on its web site.
Replacement of candidates article 146.-within the registration period, political parties or coalitions registered may do, in case of refusal of the respective application, how many requests they deem suitable, can make changes in candidates or candidates postulated, replace or complete documents in the initial request.
When the change is motivated by the refusal of registration, new application within the five days following the notification may be made that denied it, although 56 registration is completed. In this application you can make changes in candidates or candidates nominated in the respective forms either replace or complete documents in the initial request.
Completed registration application can be done only once. New requests should be made with the same formalities as the first.
Period end for the substitution of candidates article 147.-the political parties or coalitions contenders, also may be replaced for tenets to those already enrolled, up to the day prior to the date of the election, new candidates or candidates whenever replacement has cause the death or any legal or physical disability that rendered to the candidate already registered.
Requests for replacement of candidates or candidates registered, shall be submitted with the legal formalities before the Court or the departmental Electoral Board, and the marginal notes of the case will be.
Grounds for refusal of registration article 148-will be definitively rejected the application for registration of returns in the following cases: a. when postulates the candidates or candidates do not meet the legal requirements; and, b. When be presented evidencing.
Resolution separately article 149.-when in a same application for registration include forms postulates a President and Vice President or Vice-President of the Republic and lists of candidates or candidates postulated candidate or candidates to deputies or members, in their denial, if any, will be resolved separately as appropriate to each of them.
Registration of candidates article 150.-all registration registration of candidates by the registry of the Tribunal or the respective departmental Electoral Board shall contain: a. number of order, place, time and date;
b. name and surname of the candidate or registered candidate, age, profession or occupation, place of birth, nationality and address, indicating the number of the single identity document;
c. designation of the party or coalition of parties applicant, or in his case, the mention of a non-partisan candidacy; and 57 d. specific indication of the position for which the application is made.
The set of candidates registered by the Court or the respective departmental electoral boards, will form the registration of candidacies.
Chapter II the candidates and candidates to President or President and Vice President or Vice-President of the Republic requirements Art. 151.-to apply for the post of President and Vice President, President or Vice-President of the Republic, is necessary to meet requirements established by the Constitution of the Republic and also, be registered in the register of applicants.
They may not be candidates or candidates for President and Vice President, President or Vice-President of the Republic, those who are registered as candidates or candidates to deputies or members to the Legislative Assembly or member or members of the municipal councils, when the elections take place in the same year.
Article 152.-the registration application form of returns and all the documents referred to in this article, shall be submitted to the Court within the registration period. Necessary documents for registration are: a. certification of birth of the candidate postulated;
b. enlarged photocopy of the single document valid identity, or a certificate of registration in the national register of natural persons;
c. certification of the point of certificate evidencing the appointment of the candidate or postulated candidate, made by the political party or coalition candidate, in accordance with their statutes or coalition Pact;
d. solvency of the income tax and settlement, certification or a certificate issued by the President of the Court of accounts of the Republic, does not have pending at the time of the request, enforceable sentence, which should be extended over the latest within fifteen days of filing of the application;
e certification of heading no birth or death in its case, the father or mother of the candidate or postulated candidate, or resolution that is granted or the quality of El Salvador or Salvadoran is set to any of them;
58 f. Proof of affiliation to the party to which he belongs;
g affidavit of candidate or candidate, not to be understood in the disabilities laid down in article 152 of the Constitution; and h. affidavit be solvent in the payment of alimony, if that is required.
In the case of election of President and Vice President, President or Vice-President of the Republic and that there is also a second election, the registration of candidates or candidates made for the first election shall be valid for the second election if any, and they may only be replaced in the cases referred to in article 147 of this code.
Voting in favor of candidates and candidates for President and Vice President, President or Vice-President Art. 153.-the candidates registered for President and Vice President, President or Vice-President of the Republic, are the return of the political party or coalition contender in favour of which vote is issued.
Chapter III of the candidate or candidates to the Central American Parliament of the article 154.-the argo registered members and deputies to the Central American Parliament candidates and candidates will be elected or elected for a period of five years, by suffrage universal, equal, free, direct and secret, and can be reelected or reelectas in their functions.
Requirements article 155.-to qualify for the position of members or deputies to the Central American Parliament must comply with the same requirements of members and deputies to the Legislative Assembly.
Request for registration and return Art. 156.-the application form and all required documents, shall be submitted to the Court, within the registration period.
The set of candidates registered for deputies and deputies to the Central American Parliament are the respective form for which the vote is issued.
Political parties or coalitions contenders should submit the total return, 59 candidates postulated to deputies and members owners and alternates, as indicated in article 144, second paragraph of the same code.
IN THE ELECTIONS OF DEPUTIES AND DEPUTIES TO THE CENTRAL AMERICAN PARLIAMENT, FOR THE DESIGN OF BALLOTS, FORM OF VOTING, COUNTING AND DESIGNATION OF SEATS, SHALL APPLY ARTICLES THAT REGULATE THOSE ASPECTS OF THE ELECTIONS OF DEPUTIES AND MEMBERS OF THE LEGISLATIVE ASSEMBLY. (1) registration of candidates article 157.-in the application for registration of total returns for candidates to deputies and deputies to the Central American Parliament, will be express mention of the party or coalition contenders for which is postulated, in order to be registered in the book duly legalized, leading the Court to do so.
Article 158.-duration of their mandate, MEPs and members of the Central American Parliament will be disabled to simultaneously take positions of officials of international organizations and also will you apply the incompatibilities of members and deputies to the Legislative Assembly, referred to in article 127 of the Constitution of the Republic.
Chapter IV of the candidates and candidates for DEPUTIES and DEPUTIES to the Legislative Assembly requirements Art. 159.-to qualify for the position of Deputy or member of the Legislative Assembly, is necessary to meet requirements established by the Constitution and the laws of the Republic and also, be registered in the register of applications.
They may not be candidates or candidates for deputies to the Legislative Assembly, those who have registered as candidates for President or IPEs and Vice President or Vice-President of the Republic, or member or members of the municipal councils, when the elections take place in the same year.
Application for registration article 160.-the application form of Returns or applications not supporters and all necessary documents shall be submitted to the Court, within the registration period.
Necessary documents for registration are: 60. certification of the birth certificate of the candidate or postulated candidate;
b. enlarged photocopy of the single document valid identity, or a certificate of registration in the national register of natural persons;
c. certification of the point of Act in which consists the postulated candidate designation made by the political party or coalition candidate, in accordance with their statutes or coalition Pact;
d. certification of birth of the father or mother of the candidate or postulated candidate or resolution that grants the quality of Salvadoran to any of them;
e certificate issued by the Court that is enabled to register as candidate or candidate, in the case of the non-partisan candidates;
f solvency of the income tax, solvency Municipal address of the candidate, and if necessary, discharge, certification or certificate issued by the President of the Court of accounts of the Republic, does not have pending at the time of the request, enforceable sentence, which should be extended over the latest within fifteen days of filing of the application;
g affidavit of candidate or candidate, not to be understood in the disabilities laid down in article 127 of the Constitution; and h. affidavit be solvent in the payment of alimony, if that is required.
Return of candidates or candidates Art. 161.-the set of candidates registered for deputies and deputies for the different constituencies, are the respective total returns of political parties or coalitions and candidates do not favor contenders, in favour of which is emitted in each departmental constituency vote.
Candidates by constituencies Art. 162.-for the election of Deputies and deputies, political parties or coalitions registered may submit nominations by the constituencies who want, as indicated in article 13 of this code.
Candidates and candidates not supporters enabled to sign up, will do so for the electoral district for which have applied to be recognized as such, pursuant to the provisions for the nomination of candidates not supporters.
61. type of application article 163.-in the application for registration of lists of candidates and candidates postulated or non-partisan candidates, will be made of the type of application and in its case, of the party or coalition of parties which is postulated.
The candidacy of one person for the post of Deputy, may not register more that a single constituency.
Chapter V of the candidates and candidates to councils municipal requirements article 164.-to qualify for the office of Member or member of the Councils municipal is necessary: a. be Salvadoran or Salvadoran;
b. be secular State;
c. be in the exercise of the rights of citizen or citizen and having not lost in the three years prior to the date of the election;
d. have completed twenty-one years of age;
e learn to read and write;
f be morality and notorious instruction; and g. be originating or domiciled in the municipality for at least one year prior to the election in question, which will be tested with the only valid identity document. Failing in the referred document, or where the candidate note his unique identity document, address of another municipality, which is domiciled, and had not made the respective modification and only for electoral purposes, home is you can check with two witnesses before the corresponding Municipal Mayor or through affidavit. The witnesses must be domiciled postulated the candidate municipality.
To be candidate or candidate Member or member of City Council, officials or civil servants who exercise judicial jurisdiction, must resign their office, within the three months prior to the date of the respective election.
Application for registration article 165.-the application for registration of forms of municipal councils must be presented 62 to the departmental Electoral Board. Bills shall be submitted in complete form, including Mayor, trustee, corresponding members in order of precedence, alternate members in the order of precedence and together with the following documents: certification of the birth certificate of the candidate or postulated candidate, or resolution that is granted the quality of El Salvador or Salvadoran;
b. enlarged photocopy of the single document valid identity, or a certificate of registration in the national register of natural persons;
c. certification of the point of Act in which consists the designation of the candidate or postulated candidate, made by the political party or coalition candidate, in accordance with the statutes or coalition Pact;
d. certificate of membership issued by the legal representative of the political party proponent;
e affidavit of candidate or candidate, not to be understood in the disabilities laid down in article 167 of this code;
f affidavit be solvent in the payment of alimony, if that is required; and, g. solvency of tax income and Municipal solvency of the domicile of the candidate.
WHEN SIGN UP FORM, THE PARTY OR COALITION SHALL DESIGNATE THE ORDER OF PRECEDENCE IN WHICH ITS CANDIDATES WILL BE TO INTEGRATE THE CITY COUNCIL WHERE YOUR FORM NOT SECURE SIMPLE MAJORITY. THE DESIGNATION OF THE ORDER OF PRECEDENCE OF THE CANDIDATES IN THE LATTER CASE, IS WILL BE UP TO A MAXIMUM OF HALF OF THE MEMBERS AND MEMBERS OF THE CITY COUNCIL TO CHOOSE, AND CAN PARTICIPATE AND CANDIDATES TO MAYOR, MAYOR, TRUSTEE OR OMBUDSWOMAN. (1) record of the Court of accounts article 166.-for the registration of a candidate for mayor or Municipal Mayor, must present evidence or certification of the Court of accounts of the Republic, that candidate or postulated candidate has no responsibilities established by judgment enforceable pending payment, as a result of the handling of funds or other assets public, fiscal or municipal.
The records must be requested by the political parties or coalitions registered and the Court of Auditors is obliged to issue them at the latest within eight days from the date of filing of the corresponding application.
Mayors and municipal mayors who were convicted by judgment rendered during the period of your choice, as a result of the handling of funds or other assets public, fiscal or municipal 63, in a previous administration, should be settled within the term of one month, counted from the date of prevention which, accordingly, must ask the Court of accounts of the Republic.
The aldermen and members and members Deputy of the municipal councils which exited to exercise the functions of Mayor and having responsibilities established by judgment enforceable pending payment, or that they are condemned by judgment rendered during the period of your choice as a result of the handling of funds or other public goods, fiscal or municipal, have been in charge in a previous administration they should be settled within the term of one month, counted from the date of prevention which, accordingly, must ask the Court of accounts of the Republic.
After the time limits referred to in the two preceding subparagraphs, while the mayor or Municipal Mayor in functions is solvent, it shall cease in their exercise and the Court of accounts of the Republic shall inform the City Council to make their separation, all without prejudice to criminal liability which may correspond to the guilty officials and that the acts of the mayor or mayor shall be valid legal conditions effective with respect to the municipality and third parties, but shall not be entitled to any remuneration subsequent to the expiration of the respective time.
Disabilities Art. 167.-No may run as candidates or candidates for municipal councils:
to them and that are on hold or have lost their rights of citizens;
b. and the contractors or subcontractors, licensers or suministrantes of public services on behalf of the municipality;
and c. that have pending administrative contentious trial or judicial dispute with the municipality or the shop that depend on or manage;
d. the mental alienated;
e the works or municipal services entrepreneurs or those who have outstanding claims with the same Corporation;
f and high military, members and members of the National Civil Police and municipal security forces; officials and civil servants who exercise judicial jurisdiction; spouses or cohabitants and relatives among themselves within the second degree of affinity and fourth degree of consanguinity that form a same form;
(g). The distillers and patented for the retail sale of liquor and its administrators and dependent;
h. Ministers, pastors, leaders or drivers of any religious worship; e, i. The and which are registered as candidates and candidates for President or President 64 and Vice President or Vice-President of the Republic, deputies and deputies to the Legislative Assembly or deputies and deputies to the Central American Parliament, when the elections take place in the same year.
Period of management article 168.-members and members of the municipal councils in accordance with the provisions of the Constitution of the Republic, will last three years in their management, and will take possession on first may of the year of your choice.
The heads of State or municipal, dependencies that need to supply documents of any type for the registration of candidates, by virtue of this code should do so within fatal within seventy-two hours of the request.
Title VII of the process election chapter I of the call to elections call art. 169.-the Court will convene the electoral body to elections: a. President and Vice President, President or Vice-President of the Republic;
b. members and deputies to the Central American Parliament;
c. members and deputies to the Legislative Assembly; and, d. municipal councils.
The call for the election of the officials referred to in the preceding paragraph shall be at least four months precede the date of the election concerned.
Coinciding elections officials cited in the above literals, these may be held jointly or separately, to which the Court will have the convenient.
Publication of the Decree article 170.-the Court shall issue a decree calling elections that fishing, which must be published once in the Gazette and in the major news media in the country.
65 call in case of replacement or second choice Art. 171-also corresponds to the Court summon the electoral body to the elections referred to in the preceding article, when you try to replace them or in the case of article 80, second paragraph of the Constitution of the Republic.
The Decree of Convocation shall contain the date on which the election, must be must emit, at least fifteen days prior to the holding of the same.
Chapter II of the PROPAGANDA ELECTORAL law of Propaganda article 172.-the electoral propaganda only will be allowed, even without prior summons, four months before the date established by law for the election of President and Vice President, President or Vice-President of the Republic; two months earlier, in the case of members and deputies, and a month earlier in the case of the municipal councils.
Electoral propaganda is a right of registered political parties or coalitions. Closed the period of registration of candidates, the right to make propaganda will correspond only to political parties or coalitions contenders, can do by all lawful means of broadcasting without more limitations than that established the laws of matter, morality and good manners.
Prohibitions Article 173-that on the occasion to the electoral propaganda, insult, defame or slander, direct, promote or participate in public disorders or cause damage to property, shall be punished in accordance with the common law.
Who are detained on occasion to the Commission of the acts mentioned in the foregoing paragraph, will be immediately made the order of the common courts for prosecution.
Prohibited through the electoral propaganda injure the morals, honour or the private lives of candidates and candidates or leaders and leaders dead or alive.
The violation of the provisions of the preceding paragraph shall be punished according to the common laws and this code.
It is prohibited to perform any kind of electoral propaganda spots in all public places in the country. In the urban areas of the municipalities, the downside of posters closes at twelve o'clock of the last business day of propaganda.
66 information of rates article 174.-for the purposes of the provisions of article 6 of the Constitution of the Republic, the different social media shall be obliged to inform the Court about the rates charged for its services. The above rates will be which will apply in the propaganda of the electoral process.
In what refers to equity in the rates for services to political parties or coalitions, it will be as provided in article 6, fourth paragraph of the Constitution of the Republic.
The private company whose ordinary twist is the communication and constitutes a means of social communication, obliged with political parties or coalitions of parties, to provide its services in an equitable manner to all these and may not put forward as reasons for hiring or advance payment an excuse to renege on that equity.
State media provide space to all political parties or coalitions, in the conditions laid down in the law on political parties.
Prohibition of Propaganda early art. 175.-it is prohibited to political parties or coalitions and all means of communication, natural or legal persons, propaganda through the press, radio, television, rallies, demonstrations, concentrations, flyers, fences, talking appliances, public places, before the commencement of the period of propaganda which regulates article 81 of the Constitution of the Republic , during the three days prior to the election and on the same day. Partisan propaganda at the polls will not be allowed.
Prohibition of dissemination of surveys Art. 176.-fifteen days before the date of the election and until declared the results of the same firm, will not be allowed to political parties or coalitions, natural or legal persons, associations or organizations of any kind, publish or disseminate through any social media results from surveys or projections about candidates political parties or coalitions contenders, indicating the trend on possible outcomes of the election concerned. Failure to comply with the above shall be punished according to article 245 of the code.
Prohibition of symbols supporters Art. 177.-it prohibits members and owners and alternates, members of the joint recipients of votes carry any kind of symbol or distinctive alluding to any political party or coalition, in polling stations on the day of the election; This prohibition is applicable exclusively to members and owners and alternate members of the receiving votes together, which comprises the President, Secretary and members and does not include representatives, guards, centre managers and supervisors responsible for control on the election day.
67. Prohibition of advertising Government Art. 178.-during the 30 days prior to the date for the elections, neither the Government, nor the municipal councils and other autonomous entities, may be posted in any private or State media engagements, openings of works of national infrastructure or any other carried out, carrying out or who intend to make to comply with the provision or assistance services it is forced the State.
Legally it is presumed that the responsible will be official or chief officer or head of the administrative unit to which belong the work whose advertising question.
Other prohibitions Article 179-may not be placed or paint political propaganda in buildings, public monuments, trees, works of art or signs of streets or roads, or on the walls of the homes without the authorization of the owner or owner. The Court will order that remove or delete any advertising that contravenes the provisions above, for which will require first contest in political parties or coalitions and in absence thereof, of the relevant authorities.
Political parties or coalitions not be never used for their electoral propaganda symbols, colors, slogans, marches, and the images or photographs of candidates from other political parties or coalitions.
The prohibitions set forth in the preceding paragraph shall apply also to institutions, associations, organisations or any other kind of group.
The Court will order the suspension of the propaganda that contravenes the provisions of this article.
Imposition of sanctions art. 180.-when the propaganda of a political party or a coalition contravenes the precepts which designates article 179 of the code, the Court responsible for the violation to the appropriate governing body of the political party that has been or is in office on the date on which the offence was committed, or the political parties that make up the Coalition and must impose economic sanctions or order repairs in favor of the handicapped, without prejudice to criminal proceedings to which any place.
Authorization Municipal Art. 181.-to hold meetings, demonstrations and rallies, in public places for purposes of electoral propaganda, will be necessary to obtain prior authorization from the municipal mayors.
The authorizations granted, mayors or municipal mayors will make them the knowledge of the National Civil Police and political parties or coalitions contenders, so take note or reason for it in order to dictate the safety measures and arrangements.
68. the mayors and municipal mayors shall be granted the authorization referred to in the subsection above, to a political party or coalition, to hold meetings or demonstrations in the same population, when such authorization proves to the detriment of the equality of opportunity that other political parties or coalitions contenders are entitled.
Application article 182.-the request to hold such meetings, demonstrations and rallies, shall be made in writing before the mayor or the City Clerk, by the representative of the political party or coalition concerned, at least one day prior to the date you want to make each event, indicating the time, day, place and duration of the event which aims to celebrate and where appropriate the itinerary or travel is going to continue.
The mayor or Municipal Mayor before whom the application is submitted shall grant the authorisation within a period not exceeding 24 hours, counting from the date of filing of the application, without further formality or diligence, and may not refuse or revoke it, but very serious because that was capable of disturbing public order.
In cities with twenty-five thousand inhabitants or less authorization to hold meetings, demonstrations and concentrations in a same or different site, must be requested each time, and only after the appointed day may request authorization for another similar event.
In cities of more than twenty-five thousand inhabitants, shall apply the provisions of the preceding subparagraph only in the case of meetings, demonstrations and rallies to be held in the same place.
Conflict of petitions Art. 183.-the requested authorization may be refused by the competent authority only in the case that previously has been requested a similar one by another political party or coalition for the same day. In this case the respective authority shall be obliged to display the applicant petition earlier.
In such a case, the authorisation shall be granted for another day to be fixed in accordance with the political party or coalition concerned.
In order to avoid disturbances to public order, prohibit meetings, demonstrations or public gatherings within the same population, and on the same day, time and place, to different political parties or coalitions contenders.
The provisions in the previous paragraph will not take place whenever in the prudential judgment of the competent authority there is no reason for fear any disorder, either by the time the place that will make the event or for any other reason equally understandable, and must in any case take such steps as it deems appropriate for the preservation of public order.
69 inabilities and prohibitions Article 184-the military in active duty, members of the National Civil Police, and municipal security forces may not make partisan electoral propaganda.
No official or civil servant, employed or used public may invoke his position to make partisan politics.
He is prohibited to Ministers and pastors, of any religious cult, the category that is, belonging to political parties and opt for posts of popular election.
They may not make political propaganda in any form.
It prohibits the use of municipal national and official vehicles for partisan activities.
Chapter III of ballots and forms of voting ballots (4) article 185.- citizens emit their vote through ballot officers, that the respective boards recipients of votes shall make available at the time of voting, and will do in the following way: for the choice of Chairman or President and Vice-President O Vice-President of the Republic , AND MUNICIPAL COUNCILS, MARKING ON THE FLAG OF THE PARTY OR COALITION WHOSE CANDIDATES CAST THEIR VOTE; And, for the election of DEPUTIES and DEPUTIES to the Assembly Legislative b and the Central American Parliament, PODRAN mark thus: i. marking on the flag of the party or coalition by whose candidates EMITS the vote;
II. marking the flag of a party or coalition and on the photography of one, several or all the candidates or candidates proposed by a party or coalition CONTENDER;
III. marking on the photography of one, several or all the candidates or candidates proposed by a party or coalition CONTENDER;
IV. marking on the photograph of a candidate or a candidate 70 not partisan; And, v. marking on the picture of the candidates and candidates of different political parties, COALITIONS or non-partisan candidates, up to a maximum of preferences equivalent to the seats of the respective CONSTITUENCY ELECTORAL. (4) features article 186.-regardless of the type of election in question, on the BACKSIDE, the official ballots will print the seal of the Court, the coat of arms of the Republic, a CORRELATIVE number of order by ballot and a number that matches the Board recipient of votes to that match, a space for the signature of the clerk and the seal of the Board corresponding recipient of votes.
ON THE FRONT OF THE BALLOT SHALL SPECIFY THE TYPE OF ELECTION THAT IS CONCERNED, AND THE SPACES WILL BE ALLOCATED ON WHICH SHALL BE PRINTED THE NAME, FLAG AND OTHER ELEMENTS DISTINCTIVE TO EACH POLITICAL PARTY OR COALITION, ACCORDING TO THE NUMBER OF CONTENDERS WITH CANDIDATES REGISTERED.
THE LAST THREE DIGITS OF THE CORRELATIVE NUMBER CORRESPONDING TO THE NUMBER OF BALLOTS PRINTED ON THE BACK OF THESE, MUST BE REMOVED TO BE DELIVERED TO THE VOTER. FOR THIS PURPOSE BE DRILLED THE CORNER THAT WILL BE PRINTED THE LAST THREE DIGITS OF THE NUMBER. THE SECRETARY OR SECRETARY OF THE BOARD RECIPIENT OF VOTES WILL BE WHO PEEL OFF THE CORNER PUNCHED IN TO APPEAR CONCERNED THE CORRELATIVE NUMBER DIGITS, AND PLACED IN A TANK SPECIALLY DESIGNED FOR THIS PURPOSE.
BALLOTS FOR DIFFERENT TYPES OF ELECTION, MUST BE PRINTED LATER TWENTY DAYS PRIOR TO THE HOLDING OF ELECTIONS AND TO THE EXTENT THAT YOU ARE PRINTING, IS MADE AVAILABLE TO PARTIES AND COALITIONS CONTENDERS, AS WELL AS OF THE BOARD OF ELECTION MONITORING, A MODEL OF EACH OF THEM, ACCORDING TO THE CHOICE OF WHICH IS CONCERNED , SO THESE FOUND THAT SUCH BALLOTS BE SYMBOLS AND BADGES OF THE PARTIES OR COALITIONS CONTENDERS AND THAT DO NOT HAVE OR ARE MISSING SOME ON THE BALLOT.
FOR the election of DEPUTIES and DEPUTIES to the Assembly legislative and the Central American Parliament, in the preparation of the ballots is observed, further, the following rules: a. in the front and in LA part SUPERIOR of LA ballot is indicate the number maximum of brands that can be perform voter, according to correspond to the CONSTITUENCY ELECTORAL respective;
b. below, IRAN printed LOS names and LAS flags of every party POLITICIAN or coalition CONTENDER in the order which is of a draw 71 previously made with presence of the representatives of parties or COALITIONS, with the Court, the date that this indicated. EACH FLAG IS PRINTED ALSO ON PAR WITH THE PHOTOGRAPHS AND NAMES OF THEIR RESPECTIVE CANDIDATES OR CANDIDATES A DEPUTY OR DEPUTY OWNER, AND THE NAME OF THEIR RESPECTIVE ALTERNATES IN THE ORDER IN WHICH THEY WERE PRESENTED BY THEIR RESPECTIVE PARTIES OR COALITIONS, IN ACCORDANCE WITH THE OUTCOME OF THEIR ELECTIONS INTERNAL;
c. each candidature owner with his respective substitute, will be numbered CORRELATIVELY, by political party;
d. the spaces according to the draw, were assigned to the parties POLITICIANS or COALITIONS that not registering candidates, will be eliminated and is REDISTRIBUIRAN with the objective of maintain the PROPORTIONALITY of LAS columns of LOS parties POLITICIANS or COALITIONS CONTENDERS in LA ballot;
e in the bottom of the ballot, is IMPRIMIRAN LAS photographs and LOS names of the candidates or candidates to Deputy or Deputy owner not supporter and the name of your respective alternate, part in the order resulting in a draw;
f colors, INITIALS, BADGES or emblems, colours and designs used by the parties POLITICIANS and COALITIONS CONTENDERS as well as the indication of the way in which must be printed in the ballot the name of each one of the candidates and candidates, will be previously sent to the Court, later than forty-five days before the celebration of LAS elections and verified by the same before your print. IN NO EVENT WILL USED NICKNAMES OR NAMES THAT DO NOT MATCH THE LEGALLY REGISTERED;
g political party, coalition or candidate or candidate not partisan, delivered to the Court a picture recently of size four by four CENTIMETERS, colors and with a white background, of every one of the candidates or candidates to Deputy or Deputy owner, which will be used for the preparation of the ballot, being able to make in DIGITAL form. IF THIS PHOTOGRAPH IS NOT FILED WITHIN THE PERIOD ESTABLISHED BY THE COURT, WILL BE USED IN THE SINGLE DOCUMENT OF IDENTITY, IN ORDER NOT TO DELAY THE ELECTION CALENDAR; And, h. in the case of COALITIONS, is placed the flag of LA coalition or the flags of the parties COALIGADOS, and under LA photography and name of each one of the candidates or candidates to Deputy or Deputy owner and the name of your respective substitutes, in the order they were presented by the Coalition, in the space that corresponds to the party POLITICIAN who had obtained the FEWEST , According to the 72 draw made in accordance with the LITERAL "b" of this article. ALSO, MUST HAVE A SPACE SO THAT THE CITIZEN CAN MARK, IF SO DESIRED, THE CANDIDATE OR CANDIDATE A WHO YOU GIVEN PREFERENCE. IN NO EVENT MORE THAN ONCE CAN PRINT ON A SAME BALLOT THE NAMES, PHOTOGRAPHS AND FLAGS. (3) (print the number of ballots according to total of citizens appearing on the electoral register, over one per cent of them for replacement, which will be distributed among the departmental electoral boards, forming part of the electoral package, at the latest five days before the election 6) printing and quantity of ballots Art. 187-Court , and to the municipal electoral boards over the latest three days before these elections.
Chapter IV of the voters by receiving boards vote votes (5) Article 188.-joints recipients of votes is installed in the municipalities of the Republic in proportion of one, for a maximum of six hundred electors. (5) provision of electoral packages Art. 189-later than the five hours of the day for the election, the municipal electoral boards or the Court must be available to the recipients of votes together, at the polls, packets electoral and other materials needed to make the vote.
Each electoral package must contain the indication of the parties or coalitions contenders in the municipality.
Installation and integration art. 190.-Las Juntas recipients of votes will be installed in the place designated by the Court, to six hours of the designated day for the election, so the vote begins at seven o'clock. If absence of members owners or otherwise is not peaceably integrate the recipient Board of votes at the time in which the voting should begin, any member or present member named alternates who will be also present at the appointed time, under the same punishment to which are subject the owners; If they don't, and if they are not yet integrate immediately to the respective Municipal Electoral Board notice shall be given to make the designation of the person or persons that are required for the integration of the receiver Board of votes, all of which shall be recorded in the corresponding Act. This designation will be communicated both to the departmental Electoral Board and the Tribunal.
The integration of a recipient Board of votes will respond to an orderly succession of charges, as well: President, Secretary, first vowel, Second Committee and third vowel. In the absence of any of 73 members or members that occupy a particular position, and will not find alternate, will be replaced by who occupy the lower immediate position within the aforementioned succession.
Initiated the vote may not be interrupted or close it before the time set in this code, except for the cases of exception set forth in the same.
Accreditation Art. 191.-anyone can become part of a recipient Board of votes if it has not been duly appointed by the Court or integrated in accordance with the preceding article.
The violation of this article shall be punished according to the provisions of this code.
When checked, by the presentation of the corresponding credential, which one or more members of the Board vote recipient do not form part of the respective Board, or the duly appointed shall be entitled to be incorporated into the Board, through the mandatory authorization from the Municipal Electoral Board, stating in the corresponding act of the State of the Board before and after its incorporation the number of ballots delivered, not used and how many people have voted so far; such incident will communicate to the Court, the departmental Electoral Board, election Attorney and Board of election monitoring, for their knowledge and effects.
The application for incorporation of the duly appointed in the Board receiving of vows, can come from these accredited political parties or coalitions contenders themselves, he or another duly accredited or part of chiefs or heads of Centre vote, representatives, supervisors and security guards. The Municipal Electoral Board will be forced to do it under penalty of punishment in the same way as provided in this code.
For the purposes of materializing the provisions of this article, the Municipal Electoral Board may have recourse to the authority if necessary.
Minutes of installation art. 192.-integrated joints receiving votes, with the collaboration of the chiefs or heads of Centre vote, representatives, supervisors or supervisory and watchers of political parties or coalitions contenders accredited to it, whose presence is the obligation of the Board accepted, the necessary arrangements to facilitate the vote will be taken and checked that the reservoir of votes is empty. Ballots will be counted, reviewed, signed and sealed by the clerk or Secretary of the Board receiving of vows, who must ensure that they meet the requirements and formalities which this code points and other necessary equipment will be prepared for the vote. Such preliminary operations will rise a certificate stating the details of the installation, certificate which shall be signed by the Member or members who are acting and watchers of political parties or coalitions contenders; in case they refuse to sign the guards, shall be recorded in the minutes the reason for its refusal.
74. placement of the voter registry Art. 193.-after integrated the joint recipients of votes, on the site designated for the vote, be placed in a visible place, under strict surveillance and political parties or coalitions contenders, one of the received electoral rolls, so that citizens may consult them and other partial voter will have them on your desk for the effects of this code States.
Deposits and shelves Art. 194.-the deposit to receive ballot papers will not be transparent, but will be made in such way will be allowed to check at the beginning of the vote which are empty and will be located next to the receiving Board of votes work table. The shelves of vote must be placed in places that ensure a secret ballot, and must keep a safe distance the recipient Board of votes, but always at the sight of this.
Home of voting article 195. At seven o'clock, President or President of the Board receiving of vows, you must call its members and security guards so that they emit their vote, and will retain their respective single identity document which will return them to the close of the voting; subsequently announced aloud which will begin the vote, allowing the access of the citizens, one by one, and keeping due restraint, at the place intended for this purpose.
The chiefs or heads of Centre vote, supervisors and supervisors of the political parties or coalitions, referred to in article 125 of this code and the delegate of the electoral Prosecutor accredited to the respective Municipal Electoral Board, will vote in the same manner indicated in the preceding paragraph, but will do so in the first Board receiving votes in the polling place where they are accredited and also your unique identity document will retain them returned them to the close of voting.
Members and vigilantes of the vote reception boards, chiefs or heads of Center vote and overseers or supervisors, as well as their respective substitutes only may vote in the manner provided in the two preceding subparagraphs, when they do so immediately after installed the
Receiving Board votes and starts the vote of citizens; Once started it, they should vote in the ballot box that corresponds to them according to the electoral rolls; in any case, they must be identified with their respective credential and its corresponding single document of identity.
The vote article 196.-La Board recipient of votes procedure shall require every citizen and citizen which are present to vote, to identify himself before the Board and representatives of political parties or coalitions contenders who so require, through their respective unique valid identity document. The President or Chair of the Board must note that citizen or citizen appears on the electoral roll of search and that does not have markings that show that he has voted; verified this, will seal the name of the voter on the registry, unless such seal encompasses one or more other numbers and names.
75 met previous requirements, the Secretary or Secretary shall sign and seal the ballot. Made this, it will show the reverse to the other members of the Board, watchers of political parties or coalitions and citizen or citizen who will be given, in order to verify that it has been duly signed and dated; then proceed to remove the removable corner and deliver the ballot to the citizen or citizen, all of which the other members must make sure and security guards to attend. While they are not satisfied with the formalities laid down in this paragraph, the exercise of the vote will not be coming.
The Board will ensure that the citizen and citizen to cast the vote secretly in the place designated for this purpose.
The Board may deny you the right to vote to citizens and citizen in the following cases: a. when the single identity document does not match the voter registry; due note will be taken and will be informed;
b. When is the single identity document clearly false; It will also forfeit and will inform the Municipal Electoral Board and the Attorney General of the Republic;
c. When is the single identity document manifestly altered; It will also forfeit and will inform the Municipal Electoral Board and the Attorney General of the Republic;
d. When you have any of your fingers or other parts of their hands or body stained with the brand name used in the electoral process; In addition shall be informed to the Municipal Electoral Board and the Attorney General of the Republic; and, e. When is not the name on the voter registration list, which shall be recorded in the minutes and will be reported to the Municipal Electoral Board.
In case that the ballot, at the time of be delivered, flavored with different damage or that is inutilizare in the process, this must be replaced immediately.
Prior to the delivery of the ballot paper, the voter shall deliver to the Board receiving of vows, your unique identity document and returned to you once cast the vote.
Issuance of voting Article 197-to each citizen or citizen CORRESPONDE only one vote.
CITIZEN OR CITIZEN, ALONE, WILL YOU BE GRANTED TIME TO MARK YOUR BALLOT AND DEPOSIT IT IN THE APPROPRIATE PLACE.
IN PRESIDENTIAL AND MUNICIPAL ELECTIONS VOTE WILL BE EXPRESSED BY 76 ANY MARK THAT CLEARLY SPECIFY YOUR PREFERENCE, ON THE FLAG OF THE POLITICAL PARTY OR COALITION.
IN THE LEGISLATIVE ELECTIONS AND MEMBERS AND DEPUTIES TO THE CENTRAL AMERICAN PARLIAMENT, ALL THE VOTES IN FAVOR OF A POLITICAL PARTY, COALITION, OR APPLICATIONS ARE NOT SUPPORTERS, ARE INTEGERS OR THE RESULT OF THE SUM OF FRACTIONS, THEY WILL SERVE TO DETERMINE THE AMOUNT OF SEATS THAN THEM CORRESPOND ACCORDING TO THE RATIO AND CORRESPONDING GREATER RESIDUE.
IN THE LEGISLATIVE ELECTIONS WILL BE USED THE DEPARTMENTAL CONSTITUENCY AND IN THE CASE OF THE CENTRAL AMERICAN PARLIAMENT, USED THE NATIONAL CONSTITUENCY.
MARKS CONTAINED IN FAVOUR OF CERTAIN CANDIDATES, WILL BE REGISTERED AS PREFERENCES IN THE RESPECTIVE CANDIDATES AND CANDIDATES, AND WILL BE COUPLED BY THE SUPREME ELECTORAL TRIBUNAL IN ASSIGNING THE SEATS WON BY A POLITICAL PARTY OR COALITION.
IMMEDIATELY AFTER THE VOTING, THE FIRST MEMBER OF THE BOARD WILL VERIFY THAT CITIZEN FIRM O PUT THEIR MARK IN THE REGISTER OF SIGNATURE, AS THE CASE MAY BE, WHICH SHALL BE OBLIGATORILY FULFILLED, UNDER PENALTY OF PUNISHMENT ACCORDING TO ARTICLE 232 OF THIS CODE; THEN WILL PUT YOU A VISIBLE AND INDELIBLE MARK PREFERABLY IN THE THUMB OF HIS RIGHT HAND, TO INDICATE THAT IT ALREADY ISSUED A VOTE. HE LACKED BOTH HANDS WILL MAKE A MARK IN A VISIBLE PLACE OF YOUR BODY AND YOUR SINGLE DOCUMENT WILL BE RETURNED TO YOU IDENTITY. (4) closure of the vote article 198.-the vote shall be continuous and will end at the seventeen hours.
Replenishment of the deposit of voting article 199.-If in the course of the vote inutilizare or a deposit is rompiere to receive ballots, will reset immediately by placing the votes as cast in the new presence of representatives of political parties or coalitions contenders, doing so on record.
Chapter V of the close of voting and counting closing and counting Act Art. 200.-after the vote and instead of it, the members of the boards recipients of votes in the presence of the guards of POLITICIANS or coalition parties CONTENDERS, will lift the closing Act and preliminary scrutiny, for which proceed as follows : 77 a. count the ballots LEFTOVERS and LAS unused if the any, and the number of each one of these is appropriate in the Act in LOS spaces corresponding form, after which is PROCEDERA to disable all the LEFTOVERS, pack them and save them;
b. then proceed to open the tank of the votes, and to then HARÁN LA separation and the counting of the votes to please of each CONTENDER, contested votes, of the votes invalid and the ABSTENTIONS; THEY MUST ALSO TAKE INTO ACCOUNT PROVISIONS OF ARTICLE 186 OF THE CODE;
c. in the case of the legislative elections and the Central American Parliament, HARÁN LA separation and the counting of the votes of the follows: i. the votes valid integers to FAVOR of each political party, coalition or CANDIDACY NONPARTISAN;
II. the TOTAL of ballots with votes Crusaders;
III. in the case of votes Crusaders, is you must CONSIGN the TOTAL of marks in each ballot and the TOTAL of marks obtained by each political party, coalition or CANDIDACY NONPARTISAN; And, iv. THEN, ADD THE PREFERENCES, BOTH THOSE CONTAINED IN WHOLE AS IN THE FRACTIONAL VOTES VOTES, IN FAVOUR OF EACH POLITICAL PARTY, COALITION OR CANDIDACY NOMINATION NON-PARTISAN AS APPROPRIATE.
d. completed this will continue with the lifting of the Act, in which is will do recorded LAS incidents of LA vote and the challenges that this is done, which finally signed and sealed the members of the Board, and sign the VIGILANTES in functions of the parties or COALITIONS if LO wished, for which occupy the form corresponding provided by the TRIBUNAL; And, e. the Court will be the responsible of add LAS fractions of vote contained in LAS proceedings of closing and scrutiny and their respective FOLIOS, for every party POLITICIAN, or CANDIDACY does not favour in the respective CONSTITUENCY ELECTORAL Coalition, as is indicated in the article 214-A.
THE COURT MAY MAKE AVAILABLE JOINTS RECIPIENTS OF VOTES, TECHNOLOGICAL SYSTEMS THAT FACILITATE THE PRELIMINARY SCRUTINY AND THE TRANSMISSION OF THE RESPECTIVE PROCEEDINGS, ENSURING PHYSICAL SUPPORT OF THE PROCEEDINGS AS SET OUT IN THE 1ST PARAGRAPH OF ARTICLE 209. (4) 78 order scrutiny and rising of Act Art. 201-the scrutiny and rising of the Act corresponding to each Board recipient of votes, is made of form complete, in the following order: 1 ° choice of Chairman or President and Vice President or Vice-President of the Republic;
2ND ELECTION OF DEPUTIES AND DEPUTIES TO THE LEGISLATIVE ASSEMBLY;
3 ELECTION OF DEPUTIES AND DEPUTIES TO THE CENTRAL AMERICAN PARLIAMENT; AND 4TH ELECTION OF MUNICIPAL COUNCILS.
FAILURE TO COMPLY WITH THE ESTABLISHED ORDER ABOVE, SHALL BE PUNISHED BY THE COURT, IN ACCORDANCE WITH ARTICLE 232 OF THIS CODE. (4) content of the Act of closing and scrutiny Art. 202.-in the Act of closing and scrutiny preliminary that LEVANTEN LAS together recipients of votes, should be noted: a. the TOTAL ballots that were received, expressing your numbering and CORRELATIVITY;
b. the TOTAL of ballots HANDED to voters;
c. the TOTAL of votes valid emitted to FAVOR of every party POLITICIAN or coalition CONTENDER;
d. When is concerned of election legislation and the Central American Parliament, the Act must be contain in addition: i. space to register the votes valid integers to please of the parties POLITICIANS or COALITIONS CONTENDERS and candidates not supporters;
II. space to register the quantity TOTAL votes Crusaders issued in ESA Board recipient of vote;
III. space to register the quantity TOTAL of marks in each ballot, what constitutes the amount fractions in which the citizen DIVIDIO your voting;
IV. space to record the amount of fractions of vote which received each political party, coalition or not 79 partisan candidate, coming of votes crossed in each ballot; And,
v. space to record the preferences obtained by each candidate or candidate, provided that these preferences are established in accordance with article 205.
e. TOTAL of null votes;
f TOTAL ABSTENTIONS;
g TOTAL contested votes;
h. the TOTAL of ballots unused;
i. the TOTAL of ballots LEFTOVERS;
j. the TOTAL of ballots missing if the any, indicating the reason;
k the number of voters sealed or marked on the register of firms, which is concerned the SUBSECTION end of article 197 of this code;
l incidents that have raised during the process of voting and the counting of votes if the any; And m. the other circumstances that indicates this code. (4) abstentions art. 203.-shall be understood as abstentions deposited ballots that do not have any brand; any leftover ballots will be taken as abstentions.
Ballot papers unused Art. 204.-it be understood as unused ballots those not delivered to the voter to be with different damage.
Valid votes Art. 205.-will be understood as valid votes for every POLITICIAN or coalition party CONTENDER, who meet the requirements of law, and that the will of the voter this clearly determined by any brand on the flag.
IN the election of DEPUTIES and DEPUTIES to the Assembly legislative and the Central American Parliament, is counted as votes valid the following: a. If the brand was performed only on the flag party 80 POLITICIAN or coalition CONTENDER, or CANDIDACY non-partisan, is taken as a vote integer, which serve to define the number of seats won by the party or coalition applicant. IN THIS CASE NOT JOINS PREFERENCES TO ANY OF THE CANDIDATES AND CANDIDATES;
b. If the brand was made on the flag and all form of candidates or candidates of a same party POLITICIAN or coalition, what CONSTITUIRA a vote valid integer for define the number of seats won by the party or coalition applicant. IN THIS CASE NOT JOINS PREFERENCES TO ANY OF THE CANDIDATES AND CANDIDATES;
c. If the brand was carried out on all form of candidates or candidates of a same party POLITICIAN or coalition, UNMARKED flag, what CONSTITUIRA a vote valid integer for define the number of seats won by the party or coalition applicant. IN THIS CASE NOT JOINS PREFERENCES TO ANY OF THE CANDIDATES AND CANDIDATES;
d. If the brand was carried out on one or several of the candidates or candidates of a same party POLITICIAN or coalition CONTENDER, what CONSTITUIRA a vote valid integer for define the number of seats won by the party or coalition applicant and, in addition, indicate LA or LAS preferences to FAVOR of the candidates and candidates proposed, to determine the order in which is allocated the seats obtained by each party POLITICIAN or coalition. THE ABOVE NOT BE AMENDED IF THE CITIZEN OR CITIZEN ALSO WILL MARK THE FLAG;
e. If the brand was performed on one of the candidates or candidates not PARTISANS; And, f. If is EMITS vote crossed, I.E. If is marked candidates from different political parties, COALITIONS or candidates do not favour, provided that the markings are clearly defined, up to a maximum of marks equivalent to the seats of the CONSTITUENCY ELECTORAL corresponding. IN THIS CASE, THE VALUE OF THE VOTE MUST ALWAYS BE ONE, I.E., THE SUM OF THE FRACTIONS THAT SPLITS THE VOTE, CANNOT BE IN ANY CASE INFERIOR NOR SUPERIOR TO THE UNIT. EACH BRAND SHOULD ALSO ADD AS A PREFERENCE IN FAVOUR OF EACH CANDIDATE AS APPROPRIATE.
IN THE EVENT THAT THE MARKS MADE, NOT TO ESTABLISH CLEARLY THE PREFERENCE FOR CANDIDATES OR CANDIDATES FROM A SAME FORM, ONLY BE TAKEN AS THE ENTIRE VALID VOTE AND SHALL NOT CONSTITUTE A PREFERENCE. (4) votes challenged Art. 206-means as vote contested one on which claims its validity or invalidity, 81, and that it has not been declared null or abstention, and not may determine clearly what was the intention of the voter.
Null votes Art. 207.-the vote will be void in the following cases: a. when on the ballot appear clearly marked voting in two or more flags of POLITICIANS or party COALITIONS CONTENDERS;
b. When is has marked a flag of a party POLITICIAN or coalition and a candidate or candidate not partisan;
c. When is has marked a flag of a party POLITICIAN or coalition, and also a candidate or candidate of a party POLITICIAN or coalition different;
d. If in the case of votes Crusaders, the number of brands exceeds the number of seats corresponding to the CONSTITUENCY ELECTORAL;
e. If the numbering of order that appears in LA ballot not corresponds to the numbering of LAS ballots received by LA Board recipient, in where it has deposited the vote;
f. when have the ballot not been delivered to the voter by the Board receiving votes that you correspond;
g if the ballot is MUTILATED in the gist of its content; And, if the ballot contains words or figures obscene h..
THE TYPOGRAPHICAL ERROR IN THE PREPARATION OF THE BALLOT WILL NOT BE CAUSE FOR ANNULMENT OF THE VOTE.
WILL NOT BE VOID THE VOTE WHEN THE BALLOT IS MARKED TWO OR MORE OF THE FLAGS OF MATCHES AMONG THEM EXIST LEGALLY REGISTERED COALITION; AND IN THAT CASE, THE VOTE IN FAVOUR OF THE COALITION, WILL BE POSTED AND IS AWARDED FOR THE PURPOSE OF SCRUTINY, PARTY MEMBER OF THE COALITION THAT HAS FEWER VOTES IN THE BOARD OF RESPECTIVE RECIPIENT OF VOTES. (4) verification of authenticity of ballots Art. 208-when on the ballot does not appear the seal of the Board receiving of vows or the signature of the Secretary, the members of the Board attended by watchers from political parties or coalitions 82 contenders, in the stage of scrutiny, shall verify on the ballot: a. the type of election in question;
b. that carry printed the seal of the Court and the coat of arms of the Republic on the reverse;
c. that sequential order for ballot number, matches the record of ballot papers delivered; and, d. That the number of ballot coincides, with the the Board recipient of vote to which it corresponds.
Proven the authenticity of the ballot, by checking compliance with all the requirements mentioned above, this will be taken as a valid vote, otherwise will be cancelled.
Forms of proceedings article 209.-closing proceedings and scrutiny of Board recipient of votes, for each type of election, will be LIFTED on forms provided by the Court in a game consisting of a sheet ORIGINAL and their respective LEGIBLE copies, whose number depends on the amount of POLITICIANS, COALITIONS or NONPARTISAN candidates parties contending that participating in the election that is concerned , THESE BEING DISTRIBUTED SHEETS THUS: THE ORIGINAL TO THE SUPREME ELECTORAL TRIBUNAL, THE FIRST COPY TO THE DEPARTMENTAL ELECTORAL BOARD, THE SECOND COPY TO THE PROSECUTOR GENERAL OF THE REPUBLIC AND THE SUBSEQUENT TO EACH POLITICAL PARTY OR COALITION CONTENDERS, FOR THE MUNICIPAL ELECTORAL BOARD AND THE ELECTORAL SUPERVISION BOARD. EACH GAME WILL HAVE ITS LEAVES IN FIVE COLORS TO DIFFERENTIATE BETWEEN IF.
COPIES INTENDED FOR POLITICIANS OR COALITION PARTIES CONTENDERS, IS DISTRIBUTED ON ACCORDING TO THE ORDER IN WHICH THEY HAVE OBTAINED THE LARGEST NUMBER OF VOTES IN THE PREVIOUS ELECTION, AND THE FOLLOWING WILL BE DISTRIBUTED AMONG THE OTHER PARTIES OR COALITIONS CONTENDERS AND NONPARTISAN CANDIDATES.
IF BY REASON OF THE NUMBER OF COPIES THAT MUST BE GENERATED, ARE REQUIRED TO DEVELOP MORE THAN ONE SET OF RECORDS BY TYPE OF ELECTION, THE COURT SHALL REGULATE SUCH SITUATION AND DECIDE ON THE MECHANISM OF DISTRIBUTION OF ORIGINALS AND COPIES, BASED ON THE PRIORITIES MENTIONED IN THE PRECEDING PARAGRAPH.
SEALS AND SIGNATURES MUST BE ORIGINALS; IF ANY GUARD IS WITHDRAW BEFORE THE ELECTION, IS SHALL BE RECORDED IN THE SAME ACT.
ORIGINAL CERTIFICATE MUST BE TURNED IMMEDIATELY, WITHOUT OBJECTION, BY THE CHAIRMAN OF THE BOARD RECIPIENT OF VOTES THE PERSON APPOINTED BY THE COURT, WHO THE BROADCAST BY SUITABLE MEANS THAT THE COURT SET, WHICH MUST BE PHYSICALLY MOVED TO THE NATIONAL CENTER PROCESSING OF ELECTION RESULTS ACCORDING TO THE PARTICULAR LOGISTICS SO. FAILURE TO COMPLY WITH THE FOREGOING, 83 ALWAYS TO NOT BE CASE FORTUITOUS OR FORCE MAJEURE, SHALL BE PUNISHED IN ACCORDANCE WITH THE LAW.
TRANSMISSION PROCESS CAN BE WITNESSED BY THE HEAD OF CENTRE OWNER OR ALTERNATE FOR EACH POLITICAL PARTY OR COALITION, AND A DELEGATE OF EACH CANDIDATE OR CANDIDATE NOT PARTISAN, AS WELL AS BY THE PROSECUTOR GENERAL OF THE REPUBLIC AND THE ELECTORAL SUPERVISION BOARD.
THE COURT, UPON RECEIPT OF THE INFORMATION OF THE CORRESPONDING MINUTES OF CLOSING AND SCRUTINY OF EACH OF THE BOARDS RECIPIENTS OF VOTES, SHALL IMMEDIATELY PROCESSING COMPUTER OF VALID VOTES DULY ALLOCATED TO EACH POLITICAL PARTY, COALITION AND NONPARTISAN CANDIDATES CONTENDERS, IN ORDER TO DO A PROVISIONAL RAPID COUNT ELECTION. (6) packaging and delivery of ballots Art. 210-verified all of the above, the ballots properly sorted, separate agreement
the choice corresponding, they pack and will be delivered personally by the receiving Board of votes to the Municipal Electoral Board, together with all the records. This delivery shall be in duplicate declaration signed by both boards from which each of them shall retain a copy.
Delivery of the copies of the Act of closing and counting Art. 211.-of the Act of counting, the recipient Board of votes, will necessarily give copy to each of the guards of the political parties or coalitions that have attended the event, signed by its members and duly sealed. The Act raised by the Board votes recipient relating to scrutiny, will be the only intended to have full effect to establish the outcome of the vote except for the cases referred to in article 215 of this code.
Preliminary by Act Art. 212.-La Junta Electoral Municipal, upon receipt of the documentation of all the joint recipients of votes within their jurisdiction, canvassed immediately the preliminary count for records. The total result of the vote of the municipality, it will raise a municipal general act. Under your personal care and responsibility, will lead the documentation and give it to the corresponding, more departmental Electoral Board no later than sixteen hours of made the closure of the vote.
Driving and delivery will be to the accompaniment of watchers of political parties or coalitions contenders who so wish, to those who will be the means for transportation and surveillance.
Of all acted shall be a certificate which shall be signed by both together and the guards mentioned.
The total result of the vote of the municipality, the Municipal Electoral Board, immediately informed the Court, by any means of communication, authorized by the Court and that such effect set previously for 84.
The compliance with this provision will not incur the Municipal Electoral Board members in the corresponding penalty according to article 235 of the code.
The Municipal Election Commission shall retain one of the original records of the canvass of votes raised by the receiving Board of votes.
Transfer of proceedings article 213-La Junta Electoral departmental, accompanied by the guards of the political parties or coalitions contenders who want it and to those who will be the means to do so, moved to the court proceedings and documentation, according to the procedure and term indicated in this code.
Chapter VI of the scrutiny end and Declaration of election procedure Art. 214.-to the extent that the Court receives the records and the documents referred to in the preceding article, shall scrutinize final, in the manner that it deems appropriate, taking as only base the originals of the closing and counting of each of the recipients of votes together Act. And to establish an order allowing a better control in such an event, it will do so by municipality or Department received, prior signaling day and time that political parties or coalitions contenders will notify.
Shall also be notified to the Prosecutor General of the Republic, who shall attend to the counting Act personally or by their duly accredited delegates and to ensure compliance with this code and other laws of the Republic.
Members of the departmental electoral boards will be required to stand for final scrutiny to the place designated by the Court, with the documentation and records referred to in article 213 of this code, within eight hours.
The Court is obliged to initiate final scrutineering at the latest within forty-eight hours have been closed the vote, and end promptly as possible. In any case the Tribunal to inform by all possible means the election results, on the basis of the original records of the recipients of votes together, insofar as they are received by any of the ways laid down by this code, before the start of the final poll.
85 cross ballot (4) article 214-A.-the Court will develop the counting of votes crossed, using systems, under the following procedure: a. take the Act of closing and scrutiny of the Board receiving votes in question, the amount corresponding to the TOTAL number of ballots with CROSSOVER voting that have been issued in such a Board;
b. Verify that the TOTAL of marks of the political parties, coalition or nominations not supporters, reported by each ballot with voting cross, exceeds the number of marks allowed in the CONSTITUENCY of which is not, all which will make to from of LAS amounts of marks of each CANDIDACY corresponding to the parties, COALITIONS or candidates do not favour, CONSIGNED in the Act of closing and scrutiny of the Board receiving votes of that concerned;
c. DIVIDIRA LA unit of each vote between the amount of marks contained in each ballot with vote CRUSADER, reported in the Act of closing and scrutiny of the Board recipient of votes. THE RESULT OF THIS DIVISION IS THE NUMERICAL VALUE OF EACH BRAND OF CROSSOVER VOTING. THIS OPERATION WILL BE CARRIED OUT BY EACH OF THE BALLOTS;
d. the value number of each brand, will be MULTIPLIED by the amount of brands that each party POLITICIAN, coalition or candidates supporters obtained in each ballot with voting UNCROSSED. EACH MULTIPLICATION PRODUCT, WILL BE THE AMOUNT OF THE VOTE THAT IT CORRESPONDS TO EACH PARTY, COALITION OR PARTY, NOT FROM NOMINATIONS FROM BALLOTS WITH VOTING CROSSED;
e. LOS votes calculated in the way described in the LITERAL previous, will be added to the votes valid integer obtained by each party, coalition or nominations not supporters, reported by the same Board receiving votes of that question, getting so the TOTAL of votes valid corresponding to each party, coalition or nominations NO supporters in this Board recipient of vote;
f valid votes established for each party, coalition or nominations not supporters, is CONSOLIDATING for the choice of DEPUTIES and members to the Assembly legislative, at departmental level; AND FOR THE ELECTION OF DEPUTIES AND DEPUTIES TO THE CENTRAL AMERICAN PARLIAMENT, AT THE NATIONAL LEVEL; And, g. with the former, the Court PROCEDERA to the allocation of seats, of conformity to LO established in article 217 of this code. (4) 86 resolution on contested votes article 215.-in the final count by the Court, will resolve on the validity of votes contested before the boards vote recipients in cases specifically mentioned in this code.
The Court may only order the review of ballot papers of one or more joints recipients of votes provided that the sum of the contested votes, the final result of the vote of the municipality or Department, can change to the political party or coalition winning.
When they found differences or alterations to the original of the minutes of closing and count the votes together recipients delivered to the Court, and requests for invalidity on them have become, the Court will confront them with the copies you may have in its possession the departmental Electoral Board or the Municipal Electoral Board, and in the absence of these, with the of the Prosecutor General of the Republic when they coincide with those of any political party or coalition , or when it did not coincide, be declared valid copies that have held political parties or coalitions contenders, matching.
The same procedure shall be followed where you straying or they inutilizasen the original of the minutes that are the basis for the realization of the final ballot according to the preceding paragraph.
Call for second choice Art. 216.-the Court, in the Act of final scrutiny will declare elected the candidates for President and Vice-President of the Republic, who have been nominated by the political party or coalition contender who obtained absolute majority of votes, understanding by this, half more one of valid votes cast.
If verifying the final counting, none of the political parties or coalitions contenders has obtained absolute majority of votes, the Court will nominate the two political parties or coalitions contenders who have obtained the highest number of valid votes cast; and within forty-eight hours after being declared firm the first election results, will be called a second election, setting the date that this will take place.
In the second election referred to in the preceding paragraph, only contenders who have obtained the highest number of valid votes will participate both political parties or coalitions.
The second election shall be made within a period which shall not exceed thirty days after the date that firm has declared the result of the first election.
When the second choice must be made, provisions in this code, the following rules shall apply: a. the departmental electoral boards, the municipal electoral boards and the boards, receiving votes, shall conform in accordance with articles 91, 95 and 99 of this code, unless political parties or coalitions that integrate them intend to replace any members representing them;
b. continue to integrated the returns of candidates and candidates of the respective political parties or coalitions in the first election contenders, who may be replaced only in the cases referred to in article 147 of this code;
c. coalition that must be contender, by that only made will continue to validly without new Covenant and registration, unless they can form new coalitions;
d. electoral propaganda dispute; shall be the only parties or coalitions These will integrate surveillance and other aspects of this second election supervision. Only political parties or coalitions that were contenders in the first election and are not in the second, may only intervene in acts of accession for contenders in the second election candidates; and, e. For the purposes of the vote, the Court shall issue ballots in which flags or symbols of political parties or coalitions contenders only appear.
The winner of the second election is the political party or coalition who has obtained the largest number of votes, according to the practiced scrutiny.
Allocation of seats article 217.-the deputies and members referred to in article 13 of this code, be chosen as follows: a. the total of valid votes for deputies and Deputies obtained in each constituency, will be divided between the number of members and deputies owners that corresponds to the same constituency, thus obtaining the electoral quotient;
b. determined ratio, political parties or coalitions have so many seats, as often is the electoral quotient in the number of votes that have been granted in the electoral district concerned and in the case of candidates and candidates do not favor, contained will be elected who or who reach the electoral quotient determined for his constituency;
c. If one or more political parties, coalitions or candidates and candidates not partisans attain not the electoral quotient, as waste vows are taken. If Miss a seat map, will win it the political party, coalition or candidate or non-partisan candidate, which has obtained the higher residue; If two lacks, the second will win it the political party, coalition or candidate or non-partisan candidate who follow more residue and so on until the number of seats that corresponds to the district;
d. If any political party, coalition or candidate or non-partisan candidate, reached the electoral quotient, will be awarded a seat to each political party, coalition or candidate or candidate non-partisan by the order of majority of votes;
88 e. When any tie in the literal two previous cases, it will be resolved by the Electoral Supreme Court by lot, in the presence of stakeholders;
f. when any tie between candidates or candidates of a party POLITICIAN or coalition for equal number of brands of preference, will respect the order presented by the party or coalition, in accordance with the outcome of the internal elections; And, (6) g. after having determined the number of seats that correspond to each party POLITICIAN or coalition in each Department, the Court PROCEDERA to determine the priority of the DEPUTIES and members elected of LA way following: (6) i. the Court PROCEDERA to assign the seats, attending LOS results of higher to lower amount of marks to please of the candidates and candidates TAKING INTO ACCOUNT THE ENTIRE LIST; And, (6) ii. EXHAUSTED THE PROCEDURES TO DEFINE CLEARLY THE ALLOCATION OF MEMBERS AND DEPUTIES ELECTED BASED ON THE MARKS OF THE PREFERENCE EXPRESSED BY VOTERS, AND IF STILL REMAIN SEATS TO ASSIGN, WILL APPLY EXTRA FORM, THE ORDER IN WHICH WERE REGISTERED CANDIDATES BY THE PARTY OR COALITION CANDIDATE. (6) by each Member or owner Congresswoman who gains a political party, coalition or candidate or non-partisan candidate, will be entitled to the respective Deputy with which it was inscribed to assign is.
Of the proceedings the Court lifted a record, which shall set forth all conditions pertaining to the election.
Deputies and deputies elected Art. 218.-the Court, in the minutes of the final poll, will declare elected the candidates to members and owners and alternate members who have been in accordance with the provisions of this code.
Elected municipal councils article 219.-in relation to the municipal councils, the Electoral Supreme Tribunal declared elected and the Council integrated practiced once the scrutiny, in accordance with the following rules: a. to the political party or coalition who obtains the simple majority of valid votes, corresponds the positions of Mayor, Mayoress and syndic or Ombudswoman;
b. If the percentage of votes obtained by the political party or coalition, were increased to fifty percent of the valid votes in the municipality, will be assigned the number of regidores or councillors owners of the same party or coalition, in proportion to the 89 number of votes obtained;
c. If the percentage of votes obtained is less than fifty percent, the party or coalition will be assigned the number of regidores or councillors owners of the same party or coalition which, along with the Mayor, Mayor and trustee or trustee, constitute simple majority in the Council;
d. other aldermen or councillors owners will be proportionally distributed among parties or coalitions contenders, which settles the municipal electoral quotient, which is the one that results from dividing the total number of valid votes in the municipality, the number of Aldermen or councillors owners choose. Obtained this, each political party or coalition will achieve so many aldermen or Councillors as times contained is the electoral quotient municipal, in the number of votes in the municipality. In this distribution, it will not participate the political party or coalition according to the above literals, already assigned to that, most of the Council;
e. If a party or coalition does not attain the municipal electoral quotient, their votes will be taken as waste, claiming responsibility for the office of mayor or Councillor to the party or coalition in the order of most votes. So, if Miss an alderman or Councillor to allocate, wins the party or coalition which has obtained the higher residue; If two lacks, the second will win it the party or coalition which follow more residue and so on until the number of regidores or Councillors that corresponds to the municipality;
((f to assign the four regidores or alternate Councillors, the total number of valid votes cast in the municipality will be divided between four, and political parties or coalitions will get so many aldermen or alternate Councillors as times contained is the electoral quotient in the number of votes obtained, to apply the rules contained in the literal d) and e) of this article, if necessary. This allocation of substitutes, contenders will include all political parties or coalitions in the municipality.
g. in case of tie between two or more parties or COALITIONS are will by sweepstakes; and, (1) h. If inside of the returns of two or more parties or COALITIONS is IDENTIFICARE between your candidates or candidates RELATIVES between if within the second degree of affinity and quarter of CONSANGUINITY, was appointed as ALDERMAN or Councillor, to the bid proposal by the party or coalition that obtains more votes, while his relative who FIGURE in another form , YOU MUST YIELD TO WHO FOLLOWS IN THE ORDER OF PRECEDENCE. (1) THE ORDER OF ASSIGNMENT OF ALDERMEN OR COUNCILLORS IT SHALL BE IN DESCENDING ORDER FOR EACH PARTY OR COALITION, ACCORDING TO THE NUMBER OF VALID VOTES OBTAINED, SO THAT THE PARTY OR COALITION OBTAINED MORE VOTES WILL BE THE FIRST ALDERMEN OR COUNCILLORS AND SO ON. (1) 90 declaratory firm of the election article 220.-when final scrutiny whose record contains the Declaration of choice, is not contested within the time limit set in article 272 of the code, the Declaration of election will be full-fledged firm and shall so declare it the Court by Decree.
Final scrutiny and publication article 221.-the Act Act of final scrutiny will serve to proclaim the candidates of political parties or coalitions contenders, elected to the charges for which they were nominated, and must publish only once such act in the official journal and newspaper of national circulation with the decree that declared firm the outcome of the election , which should be within the three days following the date of the Decree.
Chapter VII of the credentials and your delivery term Art. 222-the credentials of persons elected for the posts of President and Vice President, President or Vice-President of the Republic, deputies and deputies to the Central American Parliament and the Legislative Assembly will be extended by the Court and handed over to elected officials at a public hearing which will be held within six days following the date of the decree that declared firm the results of the election.
Protest Bill of members of PARLACEN Art. 223.-once delivered the credentials of elected persons to the positions of members and deputies to the Central American Parliament, the Court shall proceed to receive the protest of law and will
possession to their posts in a public session which will be held within six days following the date of the decree that declared firm the results of the election.
Credentials of municipal councils Art. 224-the credence of candidates elected to municipal councils, will be extended by the Electoral Supreme Court and will be delivered by the respective departmental electoral boards, within six days of the date of the decree that declared firm the results of the election.
91 title VIII violations and sanctions chapter I the definitions definitions article 225-to effects of this code are considered: a. officers and public servants: all persons who render services, paid or free, permanent or temporary, civil or military in the civil service of the State, municipality or any official or autonomous institution who are vested with the legal power to consider and decide all matters relating to the Organization and conduct of public services;
b. employees and public employees: all servers and servants of the State or its decentralized agencies and municipality who lack decision-making power and act by order or delegation of the officer or official or hierarchical superior, regardless of the means by which their salary; they have effective
c. agent of authority: the agents of the National Civil Police and municipal security forces; and, d. public authority: civil servants and State officials carrying out on its own or by virtue of their role or position or as members or members of a court, own jurisdiction.
Chapter II sanctions to officials and employees public civil or military sanctions by making Propaganda article 226.-the contravention of provisions of article 184 of the code, by officials or civil servants or employees or public or municipal employees, military in active duty, members or members of the National Civil Police and those of any other nature, once proven infringement and depending on the seriousness of this and to prudential court trial , and by a qualified majority, shall be subject to suspension or removal from office. This resolution shall be communicated to the person concerned to it make it effective within seventy-two hours of the notification.
For officials and elected officials and protected by the law on the Civil Service, will follow the procedures outlined in the corresponding laws for the implementation of sanctions.
92 impossibility of dismissal or deterioration Art. 227-any officer or employee, official or employee of the public administration, may be fired or dismissed or deteriorated or impaired in their working conditions by his involvement in partisan politics. Who violated the above shall be punished by a fine of one thousand to ten thousand colones or its equivalent in dollars and the immediate restitution in office the official or work or employed or employed wronged.
The dismissal is presumed for political reasons provided that the concerned or affected demonstrate political militancy, unlike that of any of their superiors and that upon weighing not previous offences that warrant such punishment.
The dismissal or deterioration will not cause any effect, and the person responsible for the infringement referred to in this article shall be the hierarchical superior of the unit concerned.
Sanction to the use of official vehicles Art. 228.-the contravention of the provisions of article 184 paragraph, shall be punishable by the immediate removal from office.
Responsible for the infringement referred to in this article shall be the hierarchical superior of the unit concerned.
Violation of equality in State-run Media Art. 229.-the infringement to regulated in paragraph 4 ° Article 174 of this code, committed by State media to failure to comply with the obligation it imposed upon them, shall be punished to be checked the ticket, with the suspension or removal from office according to the seriousness of the case. The Manager will be official or hierarchical superior officer of the unit in question.
Undue Government advertising Art. 230.-the contravention to as regulated in article 178 of the code, shall be punished with the immediate removal from office, which shall become effective within seventy-two hours notice; in case of being official or elected official will be punished with a fine of one thousand to ten thousand colons or the equivalent in dollars.
Propaganda in public offices article 231.-the breach of provisions of article 184 items 1 ° and 2° of this code, shall be subject to immediate removal of the offending authority, which must be carried out within seventy-two hours of the notification of the same or lower.
Fine boards receiving votes article 232.-La members contrary to article 190 and following of the present Code shall be punished with 93 a fine of one hundred to one thousand colones or its equivalent in dollars, according to the seriousness of the case, which will be imposed to each of the members and members of the Board receiving of vows.
The maximum of the penalty referred to in the preceding paragraph, the Secretary or Secretary of Board recipient of votes that do not sign and seal the ballot shall be imposed.
Obstacle to the freedom of Assembly and Propaganda article 233.-any impediment to deliberate or unmotivated to freedom of Assembly or political propaganda referred to in chapter II of title VII of the code, must be immediately reported to the Court, and to be established fully and on summarily the veracity of the complaint, shall be imposed on the offender a fine of a five to fifteen thousand colones or its equivalent in dollars and the immediate removal the official or public employee guilty, which shall be communicated to the Attorney General of the Republic.
Omission of information article 234.-competent authorities which do not satisfy the obligation established in subsection of article 7 of this code, shall be punished with a fine of a thousand to five thousand colons or the equivalent in dollars. Resolution that imposes the fine certification will be forwarded to the Judicial authority or appropriate body.
Sanction to JED and JEM by non-delivery of proceedings Article 235.-the members and members of the departmental and municipal electoral commissions shall be punished by a fine of one hundred to one thousand colones or its equivalent in dollars, for non-compliance with or contravention of the provisions of articles 94 b literal, literal 98 e, 212, 213, 214 subsection 3 and subsection 191 4 °.
Responsibility staff Art. 236.-all the fines imposed by this code for officials or public officials or employees, or employees will be at the personal expense of the infringer.
The official or hierarchical responsible or superior officer who does not comply with the mandate from the imposition of fines, suspensions, dismissals and other penalties issued by a decision of the Court, in due time, shall be punished with immediate dismissal without prejudice to the corresponding criminal proceedings.
In case of recidivism, the penalty will be the maximum for each violation designated by this code and if the sanction of suspension will be punished with the immediate removal from office.
Fraudulent credentials Art. 237.-the extension officer or an election official which without express authorization, extend credentials to unauthorized people to act on election events, will be immediately dismissed 94 office, arrested and the order of the common courts for prosecution under the criminal code.
Credentials that are extended in the circumstances referred to in the preceding paragraph shall treat as full-fledged false.
Those who made use of documents forged before indicated, will be detained by the competent authority at the request of any election official or any individual and it will be put to the order of the common courts for prosecution under the criminal code.
Omission of delivery listed Art. 238.-who commits violation referred to in article 103 of this code if it were official, officer or employee or public employee, shall be punished with a fine of a thousand to five thousand colons or the equivalent in dollars.
Chapter III sanctions to specific punishment for activities of parties political article 239.-it prohibits managers and policy and the organizers of associations, groupings or entities that politicians, are not parties the activities regulated by this code. The violation of this rule will result in the imposition each managers and organizers, a fine of colones forty and three thousand seven hundred fifty to two hundred eighteen thousand seven hundred fifty or its equivalent in dollars. The Court, through the electoral tax, information about what happened for legal purposes relevant to the authority where control of such associations, groupings or entities, who will proceed to the cancellation of the legal personality, in accordance with established procedures according to the seriousness of the infringement.
When the previous infractions were committed through an advertising entity or means
communication, the sanction will be imposed to the person or persons responsible, and not appear any, responsible for will be the owners of the middle. In case of recidivism, the fine to be imposed shall be equal to the double of the previous.
Provisions of this article shall be without prejudice to criminal proceedings to which any.
Lack of equity advertising article 240.-the companies referred to in article 174 of the code which do not comply with the obligation shall be punished with a fine of ten to fifty thousand colones or its equivalent in dollars, for each violation. In case of recidivism shall be the temporary suspension of the use of frequencies or the final cancellation of the license depending on the seriousness of the infringement.
95 fine to leading religious Art. 241.-to which contravenes the requirements of article 184 paragraph 3 ° of this code will be imposed you a fine of five to fifty thousand colons or the equivalent in dollars.
Refusal to take positions article 242.-who refuses without just cause to accept or carry out Member or member of any of the embs charges will be punished with a fine of one hundred to one thousand colons or the equivalent in dollars.
Fines will be imposed by the Court, taking into account the category of the post refused or not played and the economic capacity of the offender.
Imposition of fines by part of the together electoral municipal Art. 243.-Las Juntas electoral municipal will prudently sanctioned by a fine of one hundred to five hundred colones or its equivalent in dollars, provided that the fact its gravity not transgress crime in the following cases: a. those who come drunk to the polling place when this occurs;
b. to voters who slow down the vote. and, c. Desobedecieren that orders or orders of the joint recipients of votes.
Fine leaders supporters by illegal Propaganda article 244.-the use of electoral propaganda, symbols, colors, slogans, marches and the images or photographs of candidates nominated or inscribed from other political parties or coalitions contenders, will be incurred by the members of the leadership of the political party or coalition representative agency, they ordered the broadcast, to a fine of ten to fifty thousand colons or the equivalent in dollars.
Fine by early Propaganda, diffusion of surveys and porting of party symbols.
Article 245.-the contravention of the provisions of article 175, 176 and 177 of this code will make those responsible for incurring a fine from ten thousand to fifty thousand colons or the equivalent in dollars.
Disturbance of the Electoral process Art. 246 - the political parties or coalitions contenders, natural or legal persons, associations or organizations of any kind, may not use devices, speakers, sound or any other that might disturb the electoral process, perform concentrations and functions of orientation to the citizen or citizen unless one hundred meters away from polling stations or inside of them; the violation shall be punished with a fine of twenty-five to fifty thousand colones 96 or its equivalent in dollars.
Expulsion of foreigners Art. 247.-Las and foreigners who participate directly or indirectly in political activities, will be immediately expelled from the national territory, for which purpose the Tribunal through the Electoral Prosecutor will make the knowledge of the competent Ministry.
Residence false Art. 248-citizen or citizen who to declare the data required for the extension of the single identity document, find a residence that is not, shall be punished by a fine of one hundred dollars to one thousand dollars, regardless of the corresponding criminal responsibility.
Propaganda insulting, degrading or libelous article 249.-who incurred in the infringement established in article 173 paragraph first of this code shall be punished in the following manner: a. S i the offender or infringer is a natural person, a fine of forty and three thousand seven hundred and fifty, at eighty-seven thousand and five hundred colones or its equivalent in dollars for each violation; and, b. If the offender is a legal person, a fine of eighty-seven thousand five hundred, one hundred seventy-five thousand colons or the equivalent in dollars, for each violation and or legal representatives will be punished by fine of 10,000 colones or its equivalent in dollars, each for each violation.
If the offence was committed through an advertising medium, this shall be punishable by a fine equivalent to ten times the value gained by it, for each violation.
The sanctions referred to in this article do not exclude legal proceedings to which any place in accordance to the laws.
Usurpation of Office in receiving votes Art. 250 Board-which without being authorized or approved in accordance with article 191 of this code usurpare a seat on any Board recipient of votes, will be detained or arrested immediately by the competent authority at the request of any officer or an election official and will be put to the order of the common courts for prosecution under the criminal code.
Provisions of this article shall apply to those who individually or in competition with one or more persons are abrogaren powers of election officials.
97 penalty for not reporting rates and discriminatory fees Art. 251.-the violation of provisions of article 174 of this code, shall be punished in the following manner: a. not to report the rates in due time shall be punished with a fine of five to twenty thousand colons or the equivalent in dollars; and, b. The collection of rates other than the registered shall be punished with a fine equivalent to ten times the value gained in each violation.
Chapter IV of the crimes against the SUFFRAGE denunciation article 252.-the people that they are caught in flagrante delicto committing any of the electoral crimes, they must be denounced in the Act, to the competent authority or national Civil Police, who will proceed to his capture and referral to the common courts, also sending to the Court and the Electoral tax, copy nursing referral. In the same way be against of those who have committed such crimes, when you discover later.
Individuality of infringements article 253-the infringements sanctioned by this code shall be independent and without prejudice to any liability that provide for other laws.
Violations of this code that are not especially punished, shall be punished with a fine of one thousand to ten thousand colones or its equivalent in dollars, according to the seriousness of the case and the economic capacity of the offender.
Chapter V of the procedures process punitive Art. 254.-the procedure for sanctioning violations of this code, will begin officially by the Electoral Supreme Tribunal, by denunciation of the electoral Prosecutor, temporary embs, a party or coalition legally registered, or of the Board of election monitoring.
Entire punitive process will form a record containing the resolutions that are spoken and the documents linked to the case. The parties and their attorneys have access to 98 record.
Issued the resolution to proceed of its own motion, or filed the complaint, if it be the case, the Court must be in a maximum period of three days admit or declare the inadmissibility of the complaint or make objections to the complainant. In the latter case, it shall be a maximum period of three days to evacuate them.
You should be admitted, may order the immediate suspension of the reported fact, or the measure precautionary measures that it may be coming.
If the Court considers it appropriate, in the same resolution it may require the collection of documents or other evidence, and their incorporation into the process. Admitted the complaint, the Tribunal at the same resolution designated day and time for the completion of a hearing, within eight working days, which will resolve the relevant.
The Court will begin hearing stating the object of it, the relationship of the facts put forward by the complainant, it will give the word to this is, and then to the person, party or entity designated as the infringer. In this hearing concerned produce and will provide the evidence that they deem suitable.
The Court shall reason the reasons of fact and law on which it based the decision, indicating the value that is given to the evidence provided and the criteria adopted to determine the sanction.
When the sanction to impose the dismissal of an official or civil servant, this must be adopted by qualified majority.
The resolution issued by the Court, may only bring judicial review, within the three days following the respective notification. Judicial review should be corrected by the Court within one period not exceeding 10 working days.
Deadline for payment of fines Article 255.-the fines imposed as this code in case be not paid within eight days of its notification will be pursued civilly in the common courts by the Attorney General and credited to the General Fund of the nation.
Intervention of the Electoral Prosecutor
Article 256.-for the application of the penalties referred to in this title, electoral Prosecutor proceed ex officio or upon request of a party to the Court or election Registrar in your case. The resolution imposed the resources established in this code will be accepted.
When any of the offence committed or give place to responsibilities in accordance with other laws, electoral Prosecutor ex officio or upon request of a party, shall enter into appropriate action for their prosecution and punishment.
99. under no circumstances the electoral Prosecutor may refrain from acting according to the instructed by this code, its proceedings shall be independent of any organ of the State and subject only to the Constitution of the Republic, and this code.
Common law Art. 257.-any procedure not laid down in this code, shall be sent to the provisions of the common law.
Title IX of the resources means of challenge article 258.-against the decisions of electoral bodies may be brought the following resources: a. Revocatoria;
c. appeal; and, d. invalidity.
Resources may be brought where appropriate, by legal representatives of political parties and coalitions contenders, or through their respective legal representatives, the electoral Prosecutor, the Prosecutor General of the Republic, the Procurator for the defence of human rights and the duly accredited departmental representatives from each political party or coalition to electoral management bodies.
Also may appeal the concerned citizens or citizens contenders as candidates or candidates do not favor or through their legal representatives, only in relation to the election of Deputies and deputies and to the Court.
Also citizen or citizen when you see affected in their rights by resolutions or rulings of the electoral register, may bring resources personally or by proxy.
100. Chapter I of the revocation procedure Art. 259.-any ruling by electoral management bodies, with the exception of which resolved in short, may be revoked by these though they were unfair in their parts, but without going against the law, ex officio, or at the request of a party, to any State in the respective proceedings before the final resolution.
The appeal against must be filed by the parties, within twenty-four hours of the corresponding notification, and shall be resolved within three days after the date of filing of the application.
Without prejudice to the provisions of the two preceding subparagraphs, when resolution pronounced in proceedings concerning the election process, the appeal against must be resolved within twenty-four hours of interposed, and when it opens officially, within twenty-four hours following the date of notification of the decision which concerned revoke.
The resolution declaring inadmissible the revocation requested, not accept any resource.
Chapter II of the review procedure article 260.-the final rulings pronounced by the electoral bodies, admitted the appeal for review and must be brought in writing before the same body that gave it, within twenty-four hours of the respective notification.
Received by this request, without further formality or diligence to the same view, confirmed, reform or shall revoke the decision appealed against pronouncing the corresponding within forty-eight hours, counted from the date on which the proceedings were received.
Absence of other resources article 261-against decisions pronounced in review, there will be no recourse.
Exception Art. 262.-where the Court is which rejected the final resolution of the judicial review will meet the same court, and must issue its decision in the form and conditions referred to in subparagraph of article 260 of this code.
101 chapter III of the appeal filing Art. 263.-the appeal must be brought before the agency that gave the decision that is appealed, within twenty-four hours of the respective notification, in writing and will be accepted by the Agency.
Submitted in time and being admissible, must refer the proceedings to the upper body within twenty-four hours.
Pending article 264-received the proceedings by the upper body, this will open to test the corresponding appeal incident for three days, term in which the parties may submit evidence and relevant allegations. Concluded that term, the Organization will fail within a period of three days.
The same body may request ex officio evidence as it deems appropriate.
Case of Denegatoria Art. 265-denied the appeal by the body that made the decision, and must have been granted, the appellant can resort to the upper body within forty-eight hours counted starting from the notification of the refusal, asking to be admitted you resource. In this case, the upper body will ask the lower, more body no later than twenty-four hours presented the appellant, which forward the respective proceedings, unless the simple reading of the application appeared the illegality of the appeal.
The proceedings must be sent immediately by the body less if the refusal of the appeal had been true; If it is a false negative enough to report it as well.
Introduced proceedings in the upper body, within 24 hours of received and the appeal being illegal, will resolve these proceedings to return to the lower body so that the processing of the same is carried forward.
If the upper body found appeal was improperly denied, the appeal shall be allowed and shall be dealt with in accordance with the provisions of article 264 of this code.
Article 266.-the definitive judgment decisions pronounced on appeal may not used any resources.
102 Chapter IV of annulment annulment Art. 267.-the grounds for the annulment of the Act claimed to be declared as such must be expressly determined by the law.
No nullity proceedings may be declared, but at the request of part.
Any decision pronounced by the electoral bodies that is not authorized in the legal form, is null and void.
Any registration of a candidate that is made in violation to the law is null and void.
Annulments Alegadas not Art. 268.-the annulment which have not been raised prior to the final resolution, must allege when judicial review stands. If they are not reclamaren at that time, they may not declare ex officio or claimed then to no effect; except that the nullity consist in having pronounced the judgment against express law or that the ruling had not been authorized legally, the nullity must be declared ex officio known resource, if the parties have not asked for it.
Request for invalidity of registration Art. 269.-all party political or coalition contender or candidate or candidate supporter in his case, cannot by themselves or through their legal representatives or guardians judicial, request in writing to the electoral management body while knowing, the Declaration of invalidity of the registration of a candidate. The writing evidencing such a request, shall contain the grounds on which the application is based, and shall be submitted within a period of three days from the day following the publication of registrations of schedules that will make the departmental electoral boards and the Court.
Receipt of the application for annulment, you must admit within forty-eight hours after its submission; It is will be sent to hear within the third day to the political party or coalition applicant or candidate or candidate non-partisan, through their legal representatives or by itself and answer or not, the proceedings will open to test for a period of four days. Completed the probationary term will decide resolution within three days and it shall be notified to the parties.
In the case of the returns of members and single members shall be null and void, when more than one third of the respective form adoleciere of invalidity and they were not replaced. The party will make the corresponding replacement within 48 hours of the decision of invalidity. If that it not do so, the Court of its own motion will be the candidate in their order of precedence and so on.
Appeal for review, which should be processed as prescribed in 103 this code shall be admissible against this ruling.
The Agency who knows, be sought ex officio evidence as it deems appropriate.
Article 270.-the procedure for annulment of an election only may be brought before the Court by the legal representatives or the legal representatives of political parties, coalitions or candidates or candidates not party contenders, or themselves in the case of the latter, within forty-eight hours have been carried out the election.
In the letter which stands the resource, must express all circumstances, facts or reasons therefor the annulment request, offering in addition to present relevant evidence. Of that letter will accompany as many copies as political parties, coalitions or candidates or candidates do not favor contenders had, plus one. The appeal is lodged, it shall be immediately and it will be sent to hear within twenty-four hours to every one of the legal representatives of political parties, coalitions or candidates or candidates do not favor contenders, except he has resorted, as well as the electoral Prosecutor, Prosecutor General of the Republic, and answer or not, within twenty-four hours of the respective proceedings will open to test for a period of three days.
Within twenty-four hours following to the conclusion of the probationary term, shall take a decision corresponding ruling, against which no appeal shall not be allowed.
The political party, coalition or candidate or candidate not supporter who referred, can provide as well as others, test deemed relevant. In the case of the testimonial evidence, they may submit up to a maximum of three witnesses, the testimonial evidence alone, it will not be enough to declare the requested annulment.
The Agency may request ex officio test which it deems appropriate.
New choice Art. 271.-to be rendered the resolution declaring the nullity of a choice, will be published in the official journal and the Tribunal will convene, where appropriate, new election, which shall be held within thirty days after the date is declared enforceable such resolution.
Final scrutiny Art. 272.-the nullity of annulment of final scrutiny, only may be brought before the Court by political parties or coalitions parties or candidates and candidates not partisans in his case, for the following reasons: a. for lack of notification to the contenders of the place, day and hour of the recount;
b. for not having complied with the procedure previously established in this code;
104, and c. For misrepresentation of data or results entered in the records and documents which served as the basis for final scrutiny and that changed the outcome of the election.
The appeal will be lodged through their legal representatives or personally in the case of candidates and candidates not supporters, within three days to the have been notified and will apply the procedure, terms and other conditions laid down in article 270 of the code.
Where he is declared inadmissible the appeal of nullity, shall apply the provisions of articles 220 and 221 of the code.
Title X of the NULLITIES of URN and elections causal Art. 273.-the elections referred to in this code will be declared null and void by the Court in the following cases: a. If the elections have made in hours other than those set forth by this code, unless unforeseen circumstances or force majeure or on a day other than the designated in the special announcement in his case;
b. when fraud, coercion or violence of the authorities or of the members of the electoral bodies of political parties or coalitions contenders or representatives authorized by them, or by any other person or group has any made to vary the outcome of the election.
c. when by errors in the ballot no contender had included flag and badge of a political party or coalition or Miss banner and badge of a political party or coalition contender; and, d. When the null votes and abstentions, qualified as such in article 200 of this code, exceed all of the valid votes in the election in question.
Also, it will be declared void by the Court, the vote made in a recipient Board of votes where ballots used and reported as valid votes to overcome blatant to the number of citizens that have been submitted to vote, according to the registered in the electoral roll used in this Board-shaped.
105 title XI of his regime economic special and your heritage budget Art. 274.-the Court Supreme polling, will produce annually its budget expenditures, including those related to election events, in consultation with the Ministry of finance, which shall include it in the draft general budget of the State presented for approval to the Legislative Assembly.
In the case of special expenses that require extraordinary budgets, these shall be prepared by the Court and make them the knowledge of the Ministry of finance who without modification, will the relevant formalities for approval by the Legislative Assembly.
In the implementation of the budget law of State financial administration and procurement and contracting of the public administration Act shall apply.
Allocation of staff article 275.-the Court is empowered to assign staff that will provide temporary services, as a result of any activities agreed to perform for the fulfilment of the purposes of this code.
The payment of wages shall be prior agreement of appointment of the Tribunal and will be effective through checks and forms in which the computer, the external auditor and the Chief Clerk of checks, will be the same people who act as such.
Employees and employees who provided extraordinary service, shall be entitled to appropriate remuneration in accordance with the provisions of the labour code.
Compensation will not be recognized by works that have been carried out in overtime to employees and female employees travelling on official duty, who can only make use of his right to the payment of travel expenses in accordance to the General rules of travel expenses.
Exemptions and franchises article 276.-the Court will enjoy: a. exemption from all kinds of taxes, rates and contributions tax, established or that are established on movable or immovable property, or revenues of any kind, or legal acts or contracts concluded;
b. Customs franchises for the import of machinery, equipment and construction material, useful and other elements necessary for the installation, maintenance and operation of their offices, equipment and premises. Import of effects covered by this franchise, will be subject to the laws on franchising 106 customs and with total release of claims, rate, tax or tax surcharge that may cause the import of merchandise or be charged because of her, the same as the rights because of consular visa of the enforceable documents for voter registration;
c. exemption from all kinds of taxes or contributions on donations made in favor of the Court; and, d. postal franchise.
All goods imported in accordance with the foregoing will be part of its heritage.
Heritage of the Court article 277.-form part of the heritage of the Court: a. movable and immovable property that was owner or possessor;
b. allowances in accordance applicable to the General budget of the nation;
and, c. Subsidies, budgetary reinforcements, loans and grants that may be assigned to it by any cause.
Title XII General provisions tax election article 278.-There will be an electoral Prosecutor who will depend on the Attorney-General's Office, his appointment, functions and reasons for dismissal shall be established by the organic law of the General Prosecutor of the Republic.
Promoting knowledge of the electoral legislation article 279.-the Court Supreme Electoral, shall submit to the Executive Body a study program that fosters the knowledge of existing electoral legislation and education for democracy; the Ministry of education will include this program in curricula at the different levels of basic education and media.
Article 280 records-records that by this code are established, except books or listed record of membership are public; any citizen can consult them on the premises of the respective offices and request in writing, that extends certification of any seat, and must justify the reason for your request 107, and based the law on access to public information.
Advertising campaigns Art. 281-suffrage being a public interest function, the social mass media, will be required to make known to the public free of charge, releases of general interest issued by the Court.
In the case of advertising campaigns of the Court, designed to motivate our citizens for the exercise of the suffrage, companies listed above, must apply commercial rate.
Documents certified Art. 282.-with the exception of the clearance certificates of tax on income, municipal, settlements, clearance certificates, or certificates issued by the Court of account of the Republic, for electoral purposes, all documentation is submitted to the Court may be made under the system of photocopies certified by notary; These documents will have equal value as the original documents.
Settlement and term for your Extension
Article 283.-for purposes of his registration as a candidate or candidate to a position of popular election, and that has handled public funds, citizen and citizen is entitled to the Court of accounts of the Republic extending you the settlement, solvency or a corresponding certificate, insofar as not despite on the judgment rendered at trial of accounts.
Presented the application for settlement, solvency or record to the Court of accounts of the Republic, this should extend no excuse, if appropriate, evidence of settlement within the eight days following the filing of the application.
Not proceed the extension of the settlement, solvency or record, the Court of accounts of the Republic shall forward to the Court, certification of the judgment rendered with a copy to the applicant.
If the Court of accounts of the Republic not give written response or extend the settlement, solvency, or record in the time established in the first paragraph of this article, shall be considered void that no citizen or citizen applicant beads earrings with the State by the management of public funds and the electoral authority known inscription proceed to sign it without the referred document, stating the reason.
Prohibition of sale and consumption of drinks intoxicants Art. 284.-the day before the election, the vote and the next, is prohibited the sale, distribution and consumption of intoxicants of any kind. Offenders shall be punished in accordance with article 253 of this code.
108 notifications article 285.-all notifications will be made through notes transcriptional of resolution, signed and stamped by the Secretary of the respective electoral body, which will be delivered at the address indicated by the person concerned. In any case, you must note once note transcriptional Board of the electoral management body with expression of day and time, which will begin running time pointing this code.
Certifications Art. 286-certifications of documents that are held by the Court, may be issued by photocopies systems, mechanical or handwritten. In any case, these certifications will be one reason signed by the clerk of the court stating that they have been taken from their original and are compliant with them, by having been confronted.
In the same way you can make the reasoning of that to him it is submitted and documents to be returned to those interested.
Transport collective Art. 287.-the Government of the Republic shall ensure that on the day of elections operate normally the collective, urban and departmental transport system, to facilitate the exercise of the right of suffrage to citizens.
The Court, to the extent of their economic possibilities, can contract the provision of free public transport service, previously established electoral circuits to cover in order to facilitate citizen participation in the respective electoral event.
National chain of Radio and Television article 288.-during the process election and especially the day of the elections, only the Court will give instructions at national level, through national radio and television network, which for the dissemination of their messages must be mandatory, integrated by the means that the Court determines. The chain of broadcasting should be fully available to the Court.
Force Navy Art. 289.-in all the provisions of this code in which reference is made to the armed forces, the army, the Navy and the air force are understood to be included.
Prohibition of carriage of weapons Art. 290.-in the places where the vote, must be issued will not be allowed possession of weapon of any kind, with the exception of members and members of the National Civil Police, enforcement of order and public security in the voting process, which will be attended in the case of being required by the electoral bodies.
109. common legislation.
Article 291.-in cases not covered by this code, shall apply the common laws.
PROHIBITION of election rules prior to A ELECCIONES elections (6) article 291 - a.-a year earlier held any kind of choice, will not accept any amendment to the rules governing the ELECTORAL process, except those that are strictly necessary to run any aspect of the election. (6) Title XIII provisions late repeal article 292.-repeal of the Electoral Code issued by Legislative Decree N ° 417, of December 14, 1992, published in the official journal N ° 16, take N ° 318, of January 25, 1993.
Article 293.-repeal of Legislative Decree N ° 133 dated September 18, 2003, published in the official journal N ° 180, 360 volume 30 of the same month and year, which contains special provisions for the issuance of the residential vote.
Entry into force article 294.-the present 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, to the three days of the month of July in the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
110 SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, twenty-five days of the month of July in the year two thousand thirteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Gregory Ernesto Zelayandia Cisneros, Minister of the Interior.
D. o. No. 138 volume no. 400 date: July 26, 2013 JQ/jch 10-09-2013 reform: (1) D.L. No. 737, on July 10, 2014; D.O. No. 138, T. 404, on July 25, 2014.
(2) D.L. No. 840, on October 31, 2014; D.O. No. 209, T. 405, 10 November 2014.
(3) D.L. No. 885, December 4, 2014; D.O. No. 232, T. 405, 11 December 2014.
(4) D.L. No. 291, February 25, 2016;
D.O. No. 55, T 410, 18 March 2016.
(5) D.L. No. 390, 26 May 2016;
D.O. No. 115, T. 411, 22 June 2016.
(6) D.L. No. 391, 26 May 2016;
111 D.O. No. 115, T. 411, 22 June 2016.
(7) D.L. No. 421, 7 July 2016; D.O. No., T., of 2016.
TRANSIENT reform: D.L. No. 869, on November 20, 2014; D.O. No. 222, T. 405, on November 27, 2014.
AUTHENTIC interpretations: D.L. No. 870, on November 20, 2014; D.O. No. 222, T. 405, on November 27, 2014.
D.L. No. 978, 9 April 2015; (VETOED)
UNCONSTITUTIONAL: * the Constitutional Division of the Supreme Court of Justice, through ruling No. 48-2014, published in the D. O. No. 210, T. 405, 11 November 2014, declares unconstitutional the ARTS. 185, ON THE WORDING OF THE FIRST PART OF PARAGRAPH 3, WHICH STATES THAT "IN NO CASE WILL BE ALLOWED CROSS VOTING", GIVEN TO BANNING THE VOTER MARKED CANDIDATES FROM DIFFERENT POLITICAL PARTIES DIFFERENT CANDIDATES NOT SUPPORTERS OR CANDIDATES OF POLITICAL PARTIES AND AT THE SAME TIME CANDIDATES NOT PARTISANS, THE CHARACTER VIOLA FREE VOTING, CONTAINED IN ARTICLE 78 CN.; AND ARTICLE 207 LETTER C. GIVEN THAT INCLUDES SITUATIONS IN WHICH VOTER EXPRESSES FREELY VOTE CHOOSING, AMONG SEVERAL POSSIBLE OPTIONS, THE CANDIDATES OF YOUR CHOICE; WHICH, FAR FROM REPRESENTING A NULL ACT, REFLECTS THE FREEDOM INHERENT IN THE RIGHT TO VOTE; AND LETTER D. BECAUSE SUCH SO-CALLED NOT MAY SUFFER FROM NULLITY SINCE IT CONSTITUTES THE FREE EXERCISE OF THE VOTE BY THE VOTER. (JQ/22/12/14) * the A rts. 185 and 207 were subsequently reformed by D.L. No. 291/2016 * LA SALA DE LO constitutional of the Supreme Court, by means of decision No. 139 - 2013, published in the D. O. No. 144, T. 408, of August 12, 2015, declares unconstitutional the following text of each one of the ARTS. 91 INC. 1°, 95 INC. 1 ° AND 99 INC. 1°: “… THE FIFTH OR FIFTH SHALL BE ELECTED OR CHOSEN BY LOT FROM AMONG THE REST OF POLITICIANS OR COALITIONS THAT HAVING PARTICIPATED IN THAT SAME ELECTION PARTIES, HAVING OBTAINED LEGISLATIVE REPRESENTATION... "." THIS DECLARATION IS BASED ON THAT THIS RULE ESTABLISHES AN IMPLICIT NEGATIVE UNEQUAL TREATMENT DIRECTED TOWARD PARTIES POLITICIANS WITHOUT LEGISLATIVE REPRESENTATION FOR MEMBERS OF ELECTORAL BODIES TEMPORARY, IN RELATION TO PARTIES POLITICIANS THAT IF YOU HAVE SUCH A CONDITION. (JQ/07/09/15)
TRANSITIONAL PROVISIONS FOR ELECTORAL EVENTS: SPECIAL PROVISION TO FACILITATE THE EXERCISE OF THE RIGHT OF SUFFRAGE OF THE CITIZENS MEMBERS OF THE NATIONAL CIVIL POLICE AND 112 STUDENTS AND STUDENTS FROM THE NATIONAL ACADEMY OF PUBLIC SECURITY IN PRESIDENTIAL ELECTIONS OF 2014. D. L. No. 614, January 23, 2014; D. O. No. 18, T. 402, 29 January 2014.
TRANSITIONAL PROVISION WHICH AUTHORIZES THE SUPREME ELECTORAL TRIBUNAL, IN DEADLINE, CHANGE RESIDENCE OF CITIZENS IN THE REGISTRY
ELECTION, FOR THE LEGISLATIVE AND MUNICIPAL ELECTIONS OF 2015. D.L. NO. 628, ON FEBRUARY 20, 2014; D.O. NO. 41, T. 402, ON MARCH 3, 2014.
SPECIAL BUDGET EXTRAORDINARY FOR THE 2015 ELECTION EVENT. D.L. No. 803, September 18, 2014;
D.O. No. 175, T. 404, September 23, 2014.
TRANSITIONAL DECREE WHICH EMPOWERS THE SUPREME ELECTORAL TRIBUNAL FOR THE IMPLEMENTATION OF THE CROSSOVER VOTE. D.L. No. 884, 4 December 2014; D.O. No. 232, T. 405, 11 December 2014.
TRANSITIONAL ARRANGEMENTS FOR THE REGISTRATION OF CANDIDATES AND CANDIDATES TO MUNICIPAL COUNCILS AND LEGISLATIVE ASSEMBLY ELECTIONS OF ONE MARCH 2015.
D.L. No. 914, 18 December 2014; D.O. No. 240, T. 405, 23 December 2014.
TRANSITIONAL PROVISIONS FOR THE ELECTORAL EVENT OF THE 1 MARCH 2015, GRANT LEAVE WITH PAY TO PUBLIC, PRIVATE AND MUNICIPAL EMPLOYEES MARCH 2, 2015, THAT IS PLAY AS MEMBERS OF JED, JEM DELEGATES, JRV, HEADS OF CENTRES, SUPERVISORS, SECURITY GUARDS AND LEGAL REPRESENTATIVES OF COALITIONS OR POLITICAL PARTIES.
D.L. No. 929, 21 January 2015; D.O. No. 22, T. 406, 3 February 2015.
ARRANGEMENTS: TRANSITIONAL PROVISION TO ACCOMMODATE THE ISSUANCE OF SINGLE DOCUMENTS OF IDENTITY TO THE D.L. N ° 302/10, BY MEANS OF WHICH WAS REFORMED THE SPECIAL LAW REGULATING THE ISSUANCE OF THE SINGLE DOCUMENT OF IDENTITY (DUI).
D.L. No. 894, 12 December 2014; D.O. No. 238, T. 405, 19 December 2014.
PROVISIONS GOVERNING THE OPERATION OF PLURAL CITY COUNCILS.
113 D.L. No. 935, 28 January 2015;
D.O. No. 30, T. 406, 13 February 2015.
FN 28/02/14 21/03/14 SV 08/09/14 JQ JQ 28/10/14 11/12/14 FN JQ 22/12/14 FN 22/12/14 JQ 22/12/14 15/01/15 SV FN 19/01/15 SV 11/02/15 SP 12/02/15 FN 27/02/15 SP 05/03/15 07/09/15 JQ FN 21/04/16 SV 14/07/16 15/07/16 SP INDEX LEGISLATIVE
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