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The Fourth Amendment To Law No. 13/99 Of 22 March (Establishes The New Legal Regime Of The Voter Registration) And Establishes Measures For Simplification And Modernisation To Ensure The Permanent Updating Of The Census

Original Language Title: Procede à quarta alteração à Lei n.º 13/99, de 22 de Março (Estabelece o novo regime jurídico do recenseamento eleitoral) e consagra medidas de simplificação e modernização que asseguram a actualização permanente do recenseamento

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PROPOSED LAW NO. 212 /X

Exhibition of Motives

The proposed law that now presents itself aims to legally frame the introduction of

new technological means of supporting the electoral census, giving new impetus to the

line of reform initiated by the Act No. 130-A/97 of December 31, which in a manner

innovative, created the Election Census Data Base (BDRE) and continued by the

Law No. 13/99 of March 22, which enshrined new mechanisms for updating the

census, as well as provisions that have come to allow young voters to exercise

of the right to vote on the date on which they complete 18 years, resolving the controversial issue

constitutional relating to the effective voting exercise of all citizens. Both the

diplomas have collected a broad parliamentary consensus.

The present initiative falls into the same modernising philosophy, welcoming the experience

of the work developed, projecting and innovating new forms of interaction more

effective between information from BDRE and civil identification information systems

existing, in particular in the face of the recent reality that constitutes the Citizen Card, which if

finds in phase of expansion.

Simplification measures such as those now in advance-with emphasis on enrollment

automatic in the census of national citizens who complete 18 years and of the

citizens voters who change housing, through the platform of interoperability of the

Citizen card or automatic enrollment in the census of foreign citizens

residents, with electoral capacity, to make that declaration of will in the terms

legal with the Census Committees or the Foreign and Border Service-are

normal corollaries of the efforts already undertaken to provide Portugal with modern systems of

identification, the interaction of which is likely to generate synergies and quality accruals,

with strict delimitation of security mechanisms and strict respect for the principles and

applicable rules on data protection.

2

The presented proposal keeps untouched upon the general principles that enform the

electoral census, in the current structure (compulsory, officiating, permanence,

unicity), such as they result from Article 112 (2) of the Constitution of the Republic.

It is aimed, concretely:

To strengthen, through an Information System and Reccensus Management

Electoral (SIGRE), the mechanisms of permanent updating of the

census in such a way that this corresponds to the universe tendentially

electoral;

To innovate in the means and procedures of interaction between information systems

of civil identification and BDRE;

Ensuring the interoperability of SIGRE with the common services platform

of the Citizen Card, modernizing the essential aspects in the processing of the

information;

To promote the enrollment of the voters according to the constant abode of the

identification systems, perfecting the currently beholdant regime;

To ensure to the census committees a more modern way of access to

BDRE, via SIGREweb ;

To enshrine a transparent and secure process that allows to carry out, with plenas

guarantees for citizens, verification of double inscriptions, inaccurate data and

Regime of eliminations, in typified cases, ensuring that in the notebooks of

census constancy only constant citizens;

To modernize the production regime and issue of the census notebooks of

how to ensure that this occurs more quickly, with intensive recourse to

electronic means, for the benefit of citizens and without prejudice to the skills

of the Census Commissions;

Following the measures for simplification and modernisation introduced by the

SIGRE, make cessation of the issuance of the voter card, by remaining transiently

in the possession of the holders for the purposes of the electoral legislation or the referendums, the already

issued;

3

To update, punctually, organizational issues, according to the

restructuring occurring in the Ministry of Internal Affairs.

It was deliberately preserved the essential matrix of Law No. 13/99, fruit of a

consensus weighting and decision that matters to respect.

Therefore, the diploma in changes does not focus on the framing legal fabric of the

Database of the Electoral Census, in particular as to the type of data subject

of treatment, data communication regime, accesses, security, control paper of the

National Commission for Data Protection (CNPD), subjects in which the Assembly of

Republic hosted guidelines emanating from this independent Authority at the time of the

opinion issued on the Proposed Law of which resulted in the above-mentioned Act.

The proposals resulting from the Opinion of the CNPD, in particular, were fully embraced

as to the rules and the specification of the categories of data subject of interconnection, to the

consent to the processing and interconnection of personal data relating to electors whose

enrollment in the census is voluntary. They are strengthened, as proposed, the measures of

information security, through the use of dedicated and security-related lines,

conferring a high degree of protection in the processing of data, in the operations of

functioning of SIGRE and interoperability with other information systems.

The ban on the inclusion of data in the BDRE of citizens whose enrollment has been stated

been eliminated.

It has remained, however, the option as to the provisional enrollment of young voters, at 17

years, measure legally enshrined by Law No. 19/97, of June 19 and reiterated by the Law

n. 13/99, of March 22. In fact, this solution is the only one that acaucates and allows

guarantee technically the effective possibility of the exercise of the right to vote for citizens

that they attain the age of majority at the date of the electoral act. Without the prior registration in BDRE, it would be, in

practical terms, unenforceable the viabilization of the right to the suffrage of these young citizens,

by coping themselves in this way the exercise of a constitutional right. The prior inscription does-

if the provisional title, serving the inclusion of the relevant data, solely and in a manner

proportioned, for the necessary treatments so that, at the time of time, and under

condition of proof of majority, build of the electoral notebooks, with the

purpose of avoiding the default of the Constitution which enshrines the right of suffrage

universal, which should not frustrate itself by omission of the appropriate technical measures, not

being in the availability of the holder of the data eximing, by way of the non-consent, to the

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enrollment in the electoral census, being fully legitimate for the adoption of the measures

techniques in question, which is why the legislator repeatedly consecrated them.

The proposed law:

It regulates the Information System and Management of the Census (SIGRE),

technological platform that aims to merely allow for dialogue between systems-

without them interfering. Designed and designed only for the purpose of the

electoral census, interoperable, with a view to ensuring the update

permanent RE, must be endowed with special security measures of the

information, in the processing of data and in technological operations;

Ensures the automatic enrollment of citizen voters in the BDRE, based on the

criteria already set out in the legislation in force;

It respects the status of the Census Committees, which continue to have a role

fundamental in the entire RE process, having now access to a platform

digital access to BDRE that faithfully ensures the forms of interaction with the

data from voters in your electoral universe, but also the intervention

democratic and civic of citizens, political parties, local authorities and

of the census committees.

It combines technological modernization with the preservation of the rules that allow

to give continuity to good practices and the relevant contribution of thousands of

citizens and of the Juntas de Freguesia, for the publicity of the entire RE process,

in particular as to the exhibition of the electoral notebooks and the organisation of the

census posts;

It guarantees, at last, the gracious and contentious means that allow the appeal

jurisdictional to all actors in the electoral census process.

It is intended, by this route, to liaise with the necessary modernization and simplification, with security,

the reliability and certainty of the entire electoral census process.

The natural expansion of the citizen card will allow in the future other innovations,

in particular the apetrecting of the census system to behave, in certain

circumstances, the so-called "voting in mobility", which presupposes infrastructural conditions

5

and electoral law reforms whose preparation requires deepening and careful study.

Putting the new means of communication and information of the twenty-first century into the service of the real

rapprochement between the census and the electoral universe we will be, after all, giving full

fulfillment to a fair and always current option plasmoned many decades ago by the

Constituent Members in Article 49 of the Basic Law.

The National Association of Portuguese Municipalities, The National Association, was heard

of Freguesias and the National Data Protection Commission.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1º

Amendment of Law No 13/99 of March 22

Articles 3, 5, 9, 11, 13º, 15, 19, 20, 21, 25, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29

30, 33, 34, 36, 37, 39, 41, 42, 42, 42, 48, 50, 50, 50., 50, 50, 48, 50, 50, 50, 50.

51, 52, 53, 56, 57, 58, 59, 61, 62, 65, 65, and 103, 65, 65 and 103.

no 13/99 of March 22, as amended by Law No. 3/2002 of January 8, by the Organic Law

n. 4/2005 and by the Organic Law No. 5 /2005 of September 8, go on to the following

wording:

" Article 3.

[...]

1-All voters have the right to be enrolled and the duty to check their

enrollment in the census and, in the event of an error or omission, apply for

respective rectification.

2-All national citizens, residing in the national territory, greater than

17 years, are officious and automatically enrolled in the Database of the

Electoral Census, hereinafter referred to abbreviately by BDRE,

owing to the information for such necessary to be obtained on the basis of

6

common services platform of the citizen card.

Article 5.

[...]

1-[...].

2-The census is updated by means of computer or other means,

pursuant to this Law, in order to correspond with timeliness to the

election universe.

3-[...].

4-[...].

5-The provisions of this Article, specifically in relation to interconnection

of information systems, is applicable to national citizens residing in the

foreigner who voluntarily recensies, in the following terms:

a) The enrollment and processing of data depends on consent of the

holder that must be guaranteed at the time when exercising the right to

voluntary census provided for in Article 4;

b) After voluntary enrollment, updating and consolidation of data

make, in the general terms, by the interaction between the System of

Information and Management of the Electoral Census, hereinafter referred to

abbreviately by SIGRE, and the information systems

appropriate.

Article 9.

[...]

1-A constituency of voters cardholders of citizen card is the

corresponding to the abode referred to in point (s) b) of Article 8 (1) of the

Law No. 7/2007 of February 5.

2-Voters enrolled in the electoral census at the places of

function of census entity corresponding to the abode

indicated on the identity card keeps your enrolment on the same

constituency, save if, having obtained citizen's card, of this

7

the different morada.

3-The voters provided for in the paragraph a) of Article 4 shall be entered in the places of

operation of the census entity corresponding to the residence

indicated in the title of residence issued by the competent entity of the country

where they meet.

4-The foreign voters provided for in the 4 b ), c) and d) of Article 4 para.

carry out their voluntary enrolment with the Census Commissions or

of the Foreign and Border Service, hereinafter referred to abbreviately

by SEF, staying enrolled in the census circumscription

corresponding to the domicile indicated in the valid title of residence.

5-Brazilian citizens who, possessing the status of equal rights

politicians, have voluntarily obtained a citizen card are

automatically enrolled in BDRE, in the electoral circumscription

corresponding to the declared abode, using for the effect to the

common services platform of the citizen card.

Article 10.

[...]

1-A BDRE, constituted under the Act No 130-A/97 of December 31,

is for the purpose of organizing and maintaining permanent and current the information

relating to the citizens registered voters in the electoral census.

2-A BDRE is permanently updated on the basis of information

pertinent arising from the Civil Identification information system

relatively to national citizens and the integrated information system

of the SEF, as to the foreign citizens residing in Portugal.

3-Are still established between BDRE and the systems for identification of

military the interactions necessary to ensure full compliance

of the legal provisions governing the operations of enrolment and disposal

of records referring to those citizens.

8

4-It is up to BDRE the validation of all the information, pursuant to paragraphs 2 and 3,

ensuring the realization of the principle of the unique inscription enunciated in the

article 7 of this Law.

5-[ Previous n. º4 ].

Article 11.

[...]

1-A The organisation, maintenance and management of BDRE and the SIGRE, compete to

Directorate General of the Internal Administration, hereinafter referred to

abbreviated by DGAI.

2-[ Previous Article No 3 ].

Article 12.

Content and interconnection regime of BDRE

1-A BDRE consists of the following identifiable data of the voters,

communicated by the respective national identification systems or by the

census commissions:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) Freguesia and Concelho or country of residence as per the identification

civil or valid title of residence issued by the competent entity;

9

i) Morada;

j) Consular district;

l) Number and dates of issuance and validity of the valid title for

identification and valid title of residence, depending on the cases;

m) [ Previous Article para. )];

n) Date, origin and type of communication to BDRE;

o) Telephone number, mobile phone and e-mail address, provided that

obtained with the consent of the holder.

2-TO BDRE shall be communicated by the respective systems of

national identification or census commissions, depending on the cases, the

following fields of information:

a) [ Previous point b )];

b) [ Previous point c )];

c) [ Previous point d )];

d) The information on active electoral capacity;

e) Mention that it is a holder of the status of equal political rights;

f) [...].

3-For the purpose of verification of identification, deletion of inscriptions

undue, by change of abode, by death or by the detection of

irregular situations, the DGAI, in collaboration with public entities

competent, ensures the interconnection between BDRE and the other systems

of relevant information, to which it is carried out, solely, as to the

categories of data referred to in this article and by making agreement

with the rules and procedures provided for in this Law.

Article 13.

10

Information system and management of the electoral census

1-The system of information and management of the electoral census ensures

centrally, within the framework of BDRE, the updating and consolidation of the

information that in it appears and the automatic census of citizens,

upon appropriate interoperability with the service platform

common of the citizen card, with the civil identification systems and

military of national citizens and with the integrated information system

of the SEF.

2-The SIGRE:

a) Ensures the automatic management of the electoral census, based on the

respective enrolment number and in the constant housing of the systems

referred to in the preceding paragraph;

b) Proceeds to the allotment of each voter to the census constituency

corresponding to the physical postal address of the place of residence

registered in the systems referred to in the preceding paragraph;

c) Enroll the voter in the post corresponding to the seat of the circumscription of

respective census, when it is not possible to assign you a

circumscription of concrete census, for insufficiency of

information regarding the residence;

d) Makes it possible to issue by DGAI of the electoral notebooks in format

electronic and its printing at the local level by the committees

censuses and, surly, by the municipal chambers.

3-Through the SIGRE module web , the SIGRE assures the committees

censuses:

a) Access on line to BDRE, for the maintenance with topicality of the

information relevant to the definition of the geographical area of posts

of census, necessary for the automatic registration referred to in the

paragraph 2;

b) The possibility of promoting or updating the information in the

11

BDRE to the voters to whom voluntary enrolment is granted in the

electoral census proceeding to the interconnection, if necessary,

with the respective information systems, for confirmation and

certification of the data entered;

c) Permanent access to the up-to-date information of the census

corresponding to the respective geographical area, allowing its

supervision and confirmation as well as the printing of the notebooks

election.

4-SIGRE integrates complete and up-to-date information concerning the link

unyvoca between postal codes, localities and census posts, with

basis in the communication of the data held or collected by the Juntas of

Freguesia or Municipal Chambers, in relation to the respective geographical area.

5-Voters have access to their election information, with a view to ensuring the

verification of the data respecting them, and they must be able to do so through the

Internet.

6-With a view to ensuring a high degree of protection of data processing

and of the operations relating to the operation of the SIGRE and its

interoperability with other information systems:

a) The standards on information security are applicable

provided for in Article 18 of this Law;

b) The interconnection between the SIGRE and the information systems with the

what interoperability should be ensured is exclusively done

through dedicated and properly securitized lines;

c) Compliance is ensured, in the connection with the interaction with the SIGRE

of the rules, mechanisms and procedures which, in the terms of the Law n.

n. 7/2007 of February 5, guarantee the security of the platform of

common services of the citizen card.

Article 15º

[...]

1-[...]:

12

a) [...];

b) Certificate, photocopying, reproduction of authenticated informatic record,

as well as access via the Internet;

c) [...].

2-The census committees have still access to the constant information in the

BDRE relative to its electoral universe, through the SIGRE.

3-[...].

Article 18.

[...]

1-A BDRE, as well as the SIGRE, must comply with safety requirements

suitable that prevent consultation, modification, destruction or addition

of the data per person not authorized to do so and allow to detect access

undue to information, including when there is data communication.

2-[...].

3-The census commissions adopt the necessary arrangements to

security of information to which they have access by applying, with due

adaptations, the procedures provided for in the preceding paragraph.

4-[...].

Article 19.

[...]

1-The responsible for BDRE and the SIGRE, in the terms and for the effects of

Personal Data Protection Act, is the Director-General of DGAI.

2-[...].

Article 20.

[...]

The one who, in the performance of his duties, takes knowledge of data

personnel registered in BDRE and SIGRE are obliged to the professional secrecy,

pursuant to the provisions of the personal data protection legislation.

13

Article 21.

[...]

1-Compete to the census commissions:

a) Carry out the inscriptions which, under the law, are made

presentially;

b) To provide the voters ' access to their data, in the terms of the

provisions of Article 15;

c) Proceed to the printing and final issue of the census notebooks

and election, on the basis of the data communicated by BDRE;

d) Issue the voter certificates;

e) Define the geographical areas of the census posts, in the terms

of Article 25;

f) Receive and re-route to the competent entity, the complaints

relating to the electoral census;

g) Provide clarifications to the voters on the aspects to the

electoral census;

h) Advertise the information on the organisation of the census.

2-Foreign-hosted census commissions compete still to remit

to DGAI, through the SIGRE, the data relating to the census

election of citizens provided for in paragraph a) of Article 4 for insertion into the

BDRE.

Article 25.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-A creation of new census posts and the definition of their areas,

14

as well as the extinction of existing posts is done in articulation with the

DGAI and advertised:

a) [...];

b) [...].

6-[...].

Article 26.

[...]

1-[...].

2-[...]:

a) [...];

b) In the autonomous regions, for the Representative of the Republic;

c) [...].

3-[...].

4-[...].

Article 27.

[...]

1-Portuguese citizens and Brazilian citizens who own the statute

of equal political rights, greater than 17 years, residents in the

national territory, they are automatically enrolled in the census

electoral, in the freguesia corresponding to the constant abode of the card of

citizen or, when this does not possess, of the civil identification system.

2-The larger Portuguese citizens of 17 years, residing abroad,

promote their enrollment to the district's census committees

consular, from the country of residence, if in it there is only embassy, or of the

area of electoral jurisdiction of the career consular posts fixed in

regulatory decree of the census constituencies of the area of its

residence.

15

3-The larger foreign citizens of 17 years residing in territory

national promote their enrollment in the census entities

corresponding to the domicile indicated in the valid title of residence.

4-Diplomats and career diplomatic staff can sign up

in the census committee corresponding to the diplomatic post where

exercise duties, upon presentation of the title of identification

national and document proving the place of exercise of functions,

issued by the Ministry of Foreign Affairs.

Article 29.

[...]

1-[...]:

a) [...];

b) Right to ask for information and to submit in writing complaints,

protests and counter-tests, staying with the census committees and the

DGAI, depending on the cases, obliged to provide those and to receive

these;

c) [...].

2-[...].

3-[...].

Article 30.

[...]

DGAI has functions of organization, coordination and general support of the

election census operations.

Article 33.

[...]

1-The voluntary and presential census of resident national citizens

16

abroad and foreign residents in Portugal are carried out by the

census commissions during the normal period of operation of the

entities in whose headquarters they are installed.

2-[...].

Article 34.

[...]

1-A enrolment in the census is carried out in an automatic manner, according to

with Article 3 (2) of this Law.

2-[...].

3-Voters who promote their enrolment abroad identify themselves

upon presentation of the citizen card or the identity card and

certify your residence with that document or with the title of

residence, issued by the competent entity of the country where they are located.

Article 35.

Enrollment of voters aged 17 years

1-Citizens provided for in this section to be completed 17 years are

enrolled in the electoral census, going on to integrate BDRE to title

provisional, as long as it does not fall under any other impediment to the

your electoral capacity, and the information for such required to be

obtained through the common services platform of the citizen card and,

as to those who do from this do not have, through information provided by the

information system of civil identification.

2--The citizens referred to in the preceding paragraph who are completed 18 years to the

day of the election or referendum are listed in the respective electoral rolls.

Article 36.

Shipment of inscriptions

1-Compete to the census entities refer to the DGAI, through the SIGRE, the

17

information regarding the presential inscriptions.

2-A The enrolment of non-national citizens contains, before the number of

enrolment, the EU siglas, for those of the European Union, and ER, in the case of the

remaining foreign citizens.

3-abroad, it competes with the competent departments of the Ministry of

Foreign Affairs refer to DGAI, through the SIGRE, the information

on the presential inscriptions received.

Article 37.

[...]

1-When the inscription is not automatic is carried out, through the SIGRE,

upon filling in the following information fields:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [ Previous n )];

h) [ Previous g )];

i) Freguesia and Concelho or country of residence as per the identification

civil or valid title of residence issued by the competent entity;

j) Morada;

l) Consular district;

m) Number and dates of issuance and validity of the title for identification and

of the valid title of residence, depending on the cases;

n) Date, origin and type of communication to BDRE;

18

o) Telephone number, mobile phone and e-mail address, provided that

obtained the consent of the holder.

2-They must still be filled, depending on the cases, the following fields of

information:

a) [...];

b) [...];

c) [...];

d) [...].

3-[...].

4-[...].

5-[...].

6-[...].

Article 38.

Confirmation of enrollment

The information collected in the terms of the previous article is printed, through the

SIGRE, and delivered to the voter for confirmation and signature.

Article 39.

Acceptance of enrollment

The acceptance of enrolment only produces effects after its validation by BDRE.

Article 40.

[...]

In case of doubt, on Portuguese citizenship or on the title of

status of equal political rights the enrollment is conditional, being

confirmed when, through the SIGRE, they are carried out with the

Conservatory of Central Registries or SEF the necessary representations to

19

certification.

Article 41.

[...]

The enrollment of the elector citizen may still be promoted by the committee

census, through the SIGRE, being confirmed later by the

BDRE.

Article 42.

[...]

The entries made in a census committee based abroad, in the

conditions laid down in the electoral law of the President of the Republic, are noted

in the census notebooks and in the BDRE, with mention " voter of the

President of the Republic ".

Article 42-The

Information to DGAI

Where in the course of the census process of national citizens

abroad are detected situations in which the place of residence

constant of the citizen card or identity card not coinced with the

residence permit issued by the competent entity, the responsible of the

census posts abroad are required to give notice

of the same, through the SIGRE, to the DGAI.

Article 46.

[...]

1-Any modification of the identification elements of the voters is

communicated to BDRE, through the SIGRE.

2-[...].

Article 47.

20

[...]

The change of residence to another circumscription or census post

implies the transfer in the terms of the following article and the elimination of the

previous inscription.

Article 48.

[...]

1-Voters covered by the provisions of Article 4 promote the

transfer with the census entity of the circumscription of the new

residence, in accordance with the provisions of Article 37.

2-A DGAI, through the SIGRE, makes available to the census entities

where the voters were previously enrolled information about the

eliminations made pursuant to the previous article.

Article 49.

Information regarding eliminations

1-A DGAI, through the SIGRE, makes available to the census committees a

information of the following eliminations concerning your electoral universe:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...].

2-In the case of return for two consecutive times of the overclaimers

containing the ballot papers for voters census abroad, the

DGAI officiously cesses the sending of ballot papers until the voter

report of the new abode.

3-In the event of an elimination of enrolment in the census, by any of the

legally-anticipated grounds, the inclusion of citizen data is prohibited

21

at cause in the BDRE and its treatment by the SIGRE, specifically by

interaction with information systems that carry out the management or

updating of personal data.

Article 50.

[...]

1-In case of doubt about the active electoral capacity, DGAI requests the

Institute of the Registries and Notariat, I.P. the necessary information.

2-A Conservatory of Central Registries sends DGAI copy of seats

of loss of Portuguese citizenship of the larger citizens of 17 years.

3-A General Directorate of the Administration of Justice, Ministry of Justice,

sends to the DGAI information of citizens who are deprived of their

political rights by judicial decision carried forward on trial, as well as of the

citizens who, finding themselves in that situation, complete 17 years.

4-The Institute of Information Technologies in Justice, I.P. communicates à

DGAI the relationship of the deceased citizens, as well as the citizens who

complete 17 years.

5-[...].

6-In case the existence of enrolment in the BDRE of voters with

age equal to or more than 105 years DGAI will confirm the topicality of the

inscription.

7-A The evidence referred to in the preceding paragraph is requested to the census commission

respective and can be carried out through the display of the citizen card

or of the identity card, social security card or through

statement by two voters of the respective geographical unit, under

commitment of honor.

8-Seated the administrative representations for the fact-finding of the

timeliness of voter enrollment with 105 or more years, the DGAI

22

communicates to the voter the intention to eliminate the inscription and, should it occur

absence of reply within 30 days, carries out the respective deletion.

9-Psychiatric establishments send to DGAI information from the

citizens who in them are admitted to, notoriously recognized as

demented, as well as of the citizens who, finding themselves in that situation,

complete 17 years.

10-The entities referred to in paragraphs 2, 3, 4 and 5 also communicate to DGAI

any facts determinant of the repurchase of electoral capacity

active.

11-Compete à DGAI, through the SIGRE, make available to the committees

censuses the information regarding the changes that are due to the cases

provided for in paragraph 2, 3, 4, 8, 9 and 10 of this Article.

Article 51.

[...]

1-[...].

2-[...].

3-If there is no response, the DGAI, in a reasoned act, decides which one

enrollment that prevails.

4-[...].

5-A The information of the eliminations determined by BDRE will be

made available by the DGAI, through the SIGRE, to the census committees

respective.

Article 52.

[...]

1-The census notebooks are drawn up by the SIGRE on the basis of

information from the constant BDRE inscriptions.

2-There are so many census notebooks as many as necessary for that in

each of them figuate appreciably 1000 voters.

Article 53.

23

[...]

1-[...].

2-The notebooks are numbered and have an end term subscribed and

authenticated by the census commissions.

3-[...].

Article 54.

[...]

1-[...].

2-A DGAI, through the SIGRE, assures the census committees access to the

information on all the changes referred to in the preceding paragraph and

respective reasons.

Article 56.

[...]

1-In the month of February, the DGAI, through the SIGRE, proceeds to the issuance of the

census notebook in electronic format, so as to allow the

your impression by the census commissions, for consultation purposes and

complaint of those concerned during the month of March.

2-Seated the deadlines for claim and appeal, the census commissions,

through the SIGRE, communicate to BDRE the relevant rectifications.

Article 57.

[...]

1-Up to the 44 the day before the date of the election or referendum, the DGAI, through the

SIGRE, makes available to the census commissions listings of the amendments

occurred in the census notebooks.

2-The census commissions, through the SIGRE, aced to the listings

24

provided for in the preceding paragraph and shall adopt the necessary measures to

preparation of your exhibition.

3-[...].

4-[...].

5-A DGAI, in collaboration with the census committees, may

promote, in conditions of safety, the possibility of consultation, by

part of the holder, to the data set out in the electoral notebooks which

respect, by means of computerized means, in particular by the Internet .

Article 58.

[...]

1-[...].

2-A DGAI, through the SIGRE, makes available to the census committees the

electoral notebooks in electronic format, with a view to your printing and

use in the electoral act or referendum.

3-In the freguesies where the printing of electoral notebooks is not possible, the

respective census committees ask for their impression of DGAI until

to the 44 the day before that of the election or referendum.

Article 59-The

[...]

Should you treat yourself to a referendum called with less than 55 days in advance,

the deadlines referred to in the previous articles are amended as follows:

a) Until the 13 the day after the convocation for the extraction referred to in the

n Article 57 (1);

b) From 14. to 16. day after convocation for the exhibition referred to

in Article 57 (2);

25

c) Halving, rounded off by excess, of the deadlines above

one day, referred to in Article 57 (3);

d) [ Previous and )];

e) [ Previous f )];

f) [ Previous g )].

Article 60.

[...]

1-During periods of exposure, can any elector or party

politician submit complaint, in writing, before the committee

census of the omissions or undue inscriptions owing these

complaints to be forwarded to DGAI on the same day, by the via

expedited.

2-In the case of complaint of undue enrollment, the commission gives it immediate

knowledge to the voter to answer, wanting, within two days,

and should also such a reply be remitted, on the same day to the DGAI.

3-A DGAI decides the complaints in the following two to your presentation,

communicating immediately to their decision to the author of the complaint, with

knowledge to the census committee that affixed it, immediately, in its

seat or place of operation, as well as in the census posts,

if they exist.

4-Decide the claim and exhausted the time limit of appeal, DGAI operates,

where appropriate, the competent changes in the BDRE and communicates them

to the respective census committees.

Article 61.

26

[...]

1-From DGAI's decisions on complaints to them

it is up to appeal to the court of the comarch of the seat of the respective committee

census.

2-[...].

3-[...].

4-[...].

Article 62.

[...]

The appeal must be brought within five days of the affixing of the

decision of the DGAI or the decision of the court of comarch.

Article 64.

[...]

1-[...].

2-[...]:

a) The DGAI;

b) [...].

3-[...].

Article 65.

[...]

1-[...].

2-A decision is immediately notified to DGAI, the appellant and the rest

interested.

3-If the decision of the court involves amendment in the census notebook,

will be the same one communicated to the DGAI, within one day, which transmits it,

through the SIGRE to the census commission.

27

Article 103.

[...]

1-The models of electoral notebooks referred to, as well as other printed

complementary necessary to the management of the electoral census, are

approved by portaria of the member of the Government responsible for the area of

internal administration, published within 30 days after entry into force

of this Law.

2-The models and printouts referred to in the preceding paragraph are obtained through

from SIGRE. "

Article 2.

Regime of use

Voter cards valid at the date of entry into force of this Law shall remain in possession

of its holders, and may not be used or requested otherwise for the intended effects

in electoral legislation and referendums.

Article 3.

Update of the census

1-A DGAI, in collaboration with the other competent public entities, carries out the

operations required to, officiously, integrate into the BDRE the Portuguese citizens

residents in national territory possessing valid identity card holders who, until the

date of the entry into force of this Law, have not promoted their enrollment in the

electoral census, as well as to eliminate the records of those who have died deceased, or

lost the electoral capacity.

2-For the purposes of the provisions of the preceding paragraph, BDRE, after the entry into force of the

present law, updates the information regarding the identification of the voters that already

found by interconnection with the constant information of the systems of

28

civilian and military identification, in order to avoid, in particular, double inscriptions, well

as to check incorrect or incomplete data relating to elective citizens,

by proceeding to its rectification.

3-A The interconnection between BDRE and the civil and military identification systems takes place,

solely, as to the categories of data which, pursuant to this Act, shall

record of BDRE.

4-A interconnection to which the previous figures refer does not determine, in any

case, the alteration of the census constituency of the voters, except as to the

that have citizen card, which are automatically enrolled in the circumscription

corresponding to the abode referred to in point (s) b) of Article 8 (1) of the Law n.

7/2007, of February 8.

5-For the purposes of the provisions of this Article, the last consignment to DGAI by the

census commissions of information contained in the duplicates of the verbets of

enrolment, process until 30. the day after the date of entry into force of this law,

by proceeding to DGAI to the subsequent trashes aimed at the validation and integration of the

information in BDRE.

6-After the integration of the information provided for in the preceding paragraph, the commissions

censuses check, in the face of DGAI and through the SIGRE, the electoral universe

respective.

7-The bodies of the electoral administration promote appropriate information and advertication

of the transaction referred to in paragraph 1 with the voters, for the purpose of claim and appeal.

Article 4.

Abrogation standard

Articles 43, 100 and 101 are repealed.

Article 5.

Republication

1-It is republished in Annex to Law No 13/99 of March 22.

2-The references made to the Technical Secretariat of Affairs for the Process

29

Electoral-STAPE in Law No. 13/99, of March 22 on the standards not changed in the

present law consider to be made to the area of DGAI Electoral Administration, of the

Ministry of Internal Administration. "

Article 6.

Entry into force

1-A This Law shall come into force 30 days after its publication, without prejudice to the provisions of

in the following number.

2-A The standard of Article 1 which gives new wording to Article 13 of Law No. 13/99, 22 of

March, shall enter into force on the day following that of the publication of this Law.

Seen and approved in Council of Ministers of June 5, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

1

ANNEX

(referred to in Article 5)

ELECTION CENSUS LAW

Law No. 13/99 of March 22

Title I

Electoral census

CHAPTER I

General provisions

Article 1.

General rule

The electoral census is officious, compulsory, permanent and unique for all

elections by direct and universal suffrage and referendums, without prejudice to the provisions of the provisions of paragraph 4

And 5 of Article 15 and 2 of Article 121 of the Constitution of the Portuguese Republic.

Article 2.

Universality

1-The electoral census covers all those who enjoy active electoral capacity.

2-A The inscription on the census implies the presumption of active electoral capacity.

Article 3.

Officialness and compulsory

1-All voters have the right to be enrolled and the duty to check their enrollment in the

census and, in the event of an error or omission, require the respective rectification.

2-All national citizens, residing in the national territory, greater than 17 years, are

officious and automatically enrolled in the Election Census Data Base,

hereinafter referred to abbreviately by BDRE, and the information for such required shall be

obtained on the basis of the common services platform of the citizen card.

2

Article 4.

Voluntariness

The census is voluntary for:

a) National citizens residing abroad;

b) The citizens of the European Union, not nationals of the Portuguese State, residents in

Portugal;

c) The national citizens of Portuguese-speaking countries, residents in

Portugal;

d) Other foreign citizens residing in Portugal.

Article 5.

Permanence and timeliness

1-A enrollment in the census has permanent effects and can only be cancelled in the

cases and in the terms provided for in this Law.

2-The census is updated through computer or other means in the terms of

present law, in such a way as to correspond with timeliness to the electoral universe.

3-No 60 th day preceding each election or referendum, or on the day after the

referendum convocation, if it occurs in shorter time, and until its realization, is suspended

the updating of the electoral census, without prejudice to the provisions of the following number of the

this article, in Article 35 (2) and in Articles 57 and following of this Law.

4-Should the election or referendum be called with at least 55 days in advance,

can still register up to the 55. day before the day of voting the citizens who

complete 18 years to the day of the election or referendum.

5-The provisions of this Article, specifically in relation to interconnection of systems

of information, is applicable to national citizens residing abroad who are census

voluntarily, in the following terms:

a) Enrolment and processing of data depends on the consent of the holder who must

be guaranteed at the time when exercising the right of voluntary census

3

provided for in Article 4;

b) After voluntary enrollment, the updating and consolidation of data is done, in the

general terms, by the interaction between the Information System and Management of the

Census Election, hereinafter referred to abbreviately by SIGRE, and the

appropriate information systems.

Article 6.

Unicity

The census is unique for all elections by direct and universal suffrage and acts

referendums.

Article 7.

Single sign-up

No one may be enrolled more than once in the census.

Article 8.

Census constituencies

They are census constituencies:

a) In the national territory, the freguesia;

b) Abroad, depending on the cases, the consular district, the country of residence, if in it

only there is embassy, or the area of electoral jurisdiction of the consular posts of

career fixed in regulatory decree.

Article 9.

Place of enrolment in the census

1-A constituency of voters cardholders of citizen card is the correspondent

to the abode referred to in point (s) b) of Article 8 (1) of the Law No 7/2007 of 5 of

February.

2-Voters enrolled in the electoral census at the places of operation of

census entity corresponding to the abode indicated on the identity card maintains

their enrolment in the same constituency, save if, having obtained citizen card,

of this different abode morada.

4

3-The voters provided for in the paragraph a) of Article 4 shall be entered in the places of

operation of the census entity corresponding to the residence indicated in the title of

residence issued by the competent entity of the country where they are located.

4-The foreign voters provided for in the 4 b ), c) and d) of Article 4 carry out its

voluntary enrolment with the Census Committees or the Foreign Office and

Frontiers, hereinafter referred to abbreviately by SEF, by staying enrolled in the constituency

of census corresponding to the domicile indicated in the valid title of residence.

5-Brazilian citizens who, possessing the status of equal political rights,

have voluntarily obtained a citizen card are automatically enrolled in the

BDRE, in the electoral constituency corresponding to the declared abode, using for the

effect to the common services platform of the citizen card.

CHAPTER II

Organic structure of the electoral census

SECTION I

Database of the electoral census

Article 10.

Database of the electoral census

1-A BDRE, constituted under the Act No. 130-A/97 of December 31, has by

purpose to organize and maintain permanent and current information concerning citizens

voters enrolled in the electoral census.

2-A BDRE is permanently updated on the basis of the relevant information

coming from the Civil Identification information system regarding citizens

national and the integrated information system of the SEF, as to foreign citizens

residents in Portugal.

3-Are still established between BDRE and the identification systems of military personnel

interactions necessary to ensure full compliance with the legal provisions that

regulate the operations of enrolment and deletion of records regarding those citizens.

5

4-It is up to BDRE the validation of all the information, pursuant to paragraphs 2 and 3, ensuring the

realization of the principle of the single inscription enunciated in Article 7 of this Law.

5-A The use of computer media does not affect respect for fundamental rights

of the citizens laid down in Article 35 of the Constitution of the Portuguese Republic.

Article 11.

Organization, management, monitoring and surveillance of BDRE

1-A organisation, maintenance and management of the BDRE and the SIGRE, compete for the Directorate-

General of the Internal Administration, hereinafter referred to abbreviately by DGAI.

2-A The National Data Protection Commission, hereinafter referred to as the CNPD, accompanies and

scrutinizes the operations referred to in the preceding paragraphs.

Article 12.

Content and interconnection regime of BDRE

1-A BDRE consists of the following identifiable data of the voters, communicated

by their respective national identification systems or the census committees:

a) Number of enrolment;

b) Designation of the census commission and or the census post where it is

enrolled;

c) Full name;

d) Membership;

e) Date of birth;

f) Naturalness;

g) Sex;

h) Freguesia and Concelho or country of residence as per civil identification or title

valid residence issued by the competent entity;

i) Morada;

j) Consular district;

l) Number and dates of issue and validity of the valid title for identification and title

6

valid of residence, depending on the cases;

m) Nationality;

n) Date, origin and type of communication to BDRE;

o) Telephone number, mobile phone and e-mail address, as long as it obtained with the

consent of the holder.

2-TO BDRE must be communicated by the respective national identification systems or commissions

censuses, depending on the cases, the following fields of information:

a) For the voters referred to in points c ) and d ) of Article 4, valid title of residence

proof of the minimum residence time fixed in the Electoral law of the Organs

of the Local Authorities;

b) Mention of "Elector of the President of the Republic" in the cases of inscriptions made

in a census committee based abroad, as per the provisions of the article

42.

c) Mention of the option made by the voters of the non-national European Union of the State

Portuguese, in accordance with the provisions of Article 37 (5);

d) The information on active electoral capacity;

e) Mention that it is a holder of the status of equal political rights;

f) The option made by the Portuguese citizens census in countries of the Union

European, in accordance with the provisions of Article 44 (1).

3-For the purpose of verification of identification, deletion of undue inscriptions, by change of abode,

by death or by the detection of irregular situations, the DGAI, in collaboration with public entities

competent, ensures the interconnection between BDRE and the other relevant information systems, to which it is

carried out, solely, as to the categories of data referred to in this article and by doing so in accordance with

the rules and procedures provided for in this Law.

7

Article 13.

Information system and management of the electoral census

1-The system of information and management of the electoral census ensures centrally, in the

scope of the BDRE, the updating and consolidation of the information listed therein and the

automatic census of citizens, by appropriate interoperability with

Citizen card common services platform, with the civil identification systems

and military of national citizens and with the integrated information system of the SEF.

2-The SIGRE:

a) It ensures the automatic management of the electoral census, based on the respective

enrolment number and the constant abode of the systems referred to in the number

previous;

b) Proceeds to the allotment of each voter to the census constituency

corresponding to the physical postal address of the place of residence registered in the

systems referred to in the preceding paragraph;

c) Enroll the voter in the post corresponding to the seat of the circumscription of

respective census, when it is not possible to assign you a circumscription

of concrete census, for insufficiency of information concerning the residence;

d) Makes it possible to issue by DGAI of the electoral rolls in electronic form and the

your impression at the local level by the census committees and, in a supplement, by the

municipal chambers;

3-Through the SIGRE module web , the SIGRE assures the census commissions:

a) Access on line to BDRE, for the maintenance with timeliness of the information

relevant to the definition of the geographical area of census posts,

necessary for the automatic registration referred to in paragraph 2;

b) The possibility of promotion or updating of information in BDRE to voters

to whom voluntary enrolment is granted in the electoral census proceeding-

if the interconnection, if necessary, with the respective information systems, to

confirmation and certification of the data entered;

8

c) The permanent access to the updated information of the census corresponding to the

respective geographical area, allowing for its surveillance and confirmation as well as

the printing of the electoral notebooks.

4-SIGRE integrates complete and up-to-date information concerning the unoriginal link between

postal codes, localities and census posts, on the basis of the communication of the

data held or collected by the Juntas de Freguesia or Municipal Chambers, in

relation to the respective geographical area.

5-Voters have access to their election information, with a view to ensuring verification

of the data respecting them, and they should be able to do so via the Internet.

6-With a view to ensuring a high degree of protection of data processing and the

operations relating to the operation of the SIGRE and its interoperability with others

information systems:

a) The standards for the safety of information provided for in the article shall apply.

18. of this Law;

b) The interconnection between the SIGRE and the information systems with which it is to be

ensured interoperability is exclusively done through dedicated lines and

duly securitized;

c) Compliance is ensured, in the matter of the interaction with the SIGRE of the rules,

mechanisms and procedures that, in the terms of Law No. 7/2007, of February 5,

guarantee the security of the common services platform of the citizen card.

Article 14.

Right of information and access to data

To any person, as long as he has duly identified, the right of

know the contents of the record or records of the database that respect you, as well as

o to require the correction of the information contained therein and the filling of the total or

partially omission.

Article 15.

Forms of access to data

9

1-Knowledge of the information on the election census data may be

obtained by the following forms:

a) Written information;

b) Certificate, photocopying, reproduction of authenticated informatic record, as well as

access via the Internet;

c) Consultation of individual elements of electoral census.

2-The census committees have still access to the constant information in the relative BDRE

to your electoral universe, through the SIGRE.

3-The constraints necessary for the viabilization of access, provided for in paragraph 1, shall be

defined by the DGAI Electoral Administration, or by the census committees,

as per cases, upon prior opinion of the CNPD.

Article 16.

Communication of data

1-Without prejudice to the exchanges of information provided for in Article 45 of this Law, they may

be communicated constant data from BDRE to forces and services of security or services

and bodies of the Public Administration and the local administration, when properly

identified and to pursue the tasks of the requisite services, in the case of

cumulative verification of the following requirements:

a) There is an obligation or legal authorization or authorization of the CNPD;

b) Data is indispensable to the recipient for fulfillment of their

assignments, provided that the purpose of the treatment of the recipient is not

incompatible with the purpose that determined the collection.

2-It is the exclusive competence of the DGAI Electoral Administration the communication of the

data referred to in the previous number.

Article 17.

Information for statistical or research purposes

Disclosure of data for statistical and relevant research purposes is permitted

public interest, upon permission of the BDRE's responsible, as long as they cannot

be identified or identifiable the people to which the data respect.

10

Article 18.

Security

1-A BDRE, as well as the SIGRE, must comply with appropriate safety requirements that

prevent the consultation, modification, destruction or addition of the data per person not

authorized to do so and allow to detect undue access to information, including when

there is data communication.

2-In view of ensuring the security of the information of BDRE, the relevant departments

for the collection, updating and processing of data must comply, among others, at

following rules:

a) The entry into the premises used for the processing of personal data is the subject of

control, in order to prevent the access of any unauthorised person;

b) Data supports are subject to control in order to prevent them from being able to

read, copied, altered or withdrawn by any unauthorized person;

c) The insertion of data is the subject of control to prevent the introduction, consultation,

unauthorized alteration or disposal of personal data;

d) Computerized data processing systems are the subject of control for

prevent that they can be used by unauthorised persons by means of

data transmission equipment;

e) Access to the data is the subject of control so that the authorised persons alone

can have access to the relevant data for the exercise of their competences

legal;

f) The transmission of data is the subject of control to ensure that its use is

limited to authorized entities;

g) The introduction of personal data into computerized treatment systems is the subject

of control that allows to check the complete character of the information, date and authorship.

3-The census commissions adopt the necessary arrangements for the security of the

information to which they have access by applying, with due adaptations, the procedures

predicted in the previous number.

11

4-Security systems adopted in the terms of the previous figures will be the subject

of prior opinion of the CNPD.

Article 19.

Responsible for BDRE and for computerized files

1-The responsible for BDRE and the SIGRE, in the terms and for the purposes of the Law of

Protection of Personal Data, is the Director-General of DGAI.

2-The chair of the census committee is responsible for the computerized file of the

voters.

Article 20.

Professional secrecy

The one who, in the performance of his duties, takes knowledge of personal data

registered in the BDRE and the SIGRE is obliged to the professional secrecy, pursuant to the

provisions of personal data protection legislation.

SECTION II

Census commissions

Article 21.

Competence

1-Compete to the census commissions:

a) Carry out the inscriptions which, under the law, are made presentially;

b) To provide the voters ' access to their data, in the terms of the provisions of the

article 15;

c) Proceed to the printing and final issue of the census notebooks and

election, on the basis of the data communicated by BDRE;

d) Issue the voter certificates;

e) Define the geographical areas of the census posts, under the terms of the

article 25;

f) Receive and re-route to the competent entity, the relative complaints

12

to the electoral census;

g) Provide clarifications to the voters on the aspects to the

electoral census;

h) Advertise the information on the organisation of the census.

2-The census committees based abroad compete still to refer to the

DGAI, through the SIGRE, the data relating to the electoral census of the

citizens provided for in ( a) of Article 4 for insertion into BDRE.

Article 22.

Composition

1-The census commissions are composed:

a) On the national territory, by the members of the freguesia joints and integrating yet

a delegate designated by each political party with a seat in the Assembly of the

Republic, as well as other parties or groups of citizen voters

represented in the respective freesthesia assembly;

b) Abroad, by career consular officials or, when these do not

exist, by diplomatic staff, with the exception of the ambassador, and by a

delegate appointed by each political party with a seat in the Assembly of the

Republic.

2-For the purpose of the end stated in paragraph 1, political parties communicate to the Presidents of the

census commissions in the first 5 working days of the calendar year, or in the 30 days following the

official proclamation of the election results of the Assembly of the Republic or of the installation

of the freguish assembly, the names of its delegates, understanding that they will be given

of them if they do not indicate them on those deadlines.

3-The delegates of the groups of citizen voters, indicated in the deadlines referred to in the

previous number, are designated by and from among the elements elected to the assembly of

freguesia.

4-For the purposes of n. s 2 and 3 the freguish joints and diplomatic representations

notifies, as per cases, political parties, civic associations and groups of

citizens voters with a minimum advance of 15 days.

13

Article 23.

Members of the census committees

1-Can only be part of the census committees citizens with electoral capacity

active censuses in the respective census geographical unit.

2-No one can be part of more than one census commission nor be a delegate of

political party or group of citizens voters in the census committee that works

together with the entity of which it is an employee or agent.

3-The members of the census committees designated by the political parties and groups

of electorate citizens carry out their duties for one year, starting on January 10,

may be replaced at all time.

Article 24.

Presidency

Each census commission is chaired, depending on the cases, by the chairman of the joint

freguesia, by the in-charge of the career consular post, by the in-charge of the section

consular of the embassy or by the official of the framework of diplomatic personnel with greater

category to follow the ambassador.

Article 25.

Place of operation

1-The census commissions function, depending on the cases, on the sedes of the joints of

freguesia, from consulates, to embassies or consular posts.

2-Whenever the number of voters or their geographic dispersion justifies it, the committee

census opens census posts, tendentially coincident with

polling stations, defining the respective area, identifying them by letters and nominating

delegates of yours.

3-The effective operation of such posts depends on the decision of the census commission,

without prejudice to the allocation of the voters to the respective geographical areas.

4-A creation by the census commissions of new census posts in the

foreign and the definition of their area, as well as their livelihood, depend on the

14

possibility of its integration by representatives of all the parties represented in the

Assembly of the Republic, unless the non-representation of some of the parties results from the

lack of referral from the respective delegate.

5-A the creation of new census posts and the definition of their areas, as well as the

extinction of existing posts is done in articulation with DGAI and announced:

a) In the national territory, by edital to be affixed, at the places of style, until December 31

each year;

b) Abroad, by means of the list to be published by the Government in the Journal of the Republic up to

December 31 of each year.

6-The members of the census posts have, in the performance of their duties, the

same powers of the members of the census committees.

Article 26.

Resources for census posts

1-Of decisions regarding the creation or extinction of census posts may

to appeal, within 10 days, at minimum 25 voters, in the national territory, or 5 voters,

within 30 days, abroad.

2-The resources are interposed:

a) On the continent, for the representative of the Government in the district;

b) In the autonomous regions, for the Representative of the Republic;

c) Abroad, for the ambassador.

3-Resources are decided within five days and immediately notified to the

census commissions and the first of the applicants.

4-The census committees and the appellants may appeal, in the period of 5

days, to the Constitutional Court, which decides in the 10 immediate days.

Article 27.

Inscriptions of the voters

1-Portuguese citizens and Brazilian citizens who possess the status of

equality of political rights, greater than 17 years, residing in the national territory, are

15

automatically enrolled in the electoral census, in the freguesia corresponding to the

constant abode of the citizen card or, when this does not possess, of the system of

civil identification.

2-The larger Portuguese citizens of 17 years, residing abroad,

promote their enrollment to the census committees of the consular district of the country

of the residence, if in it only there is embassy, or of the area of electoral jurisdiction of the

career consular posts fixed in regulatory decree of the constituencies of

census of the area of your residence.

3-The larger foreign citizens of 17 years residing in national territory

promote their enrolment in the corresponding census entities at the domicile

indicated in the valid title of residence.

4-Diplomats and career diplomatic staff can sign up for the

census commission corresponding to the diplomatic post where they perform duties,

upon presentation of the title of national identification and supporting document

of the place of exercise of duties, issued by the Ministry of Foreign Affairs.

SECTION III

Collaboration with the census committees

Article 28.

Collaboration of the freguery assemblies

1-For the pursuit of census work the census commissions can

request the collaboration of the freguery assemblies.

2-The freguessness assemblies designate, from among its members, those who are

necessary to ensure the collaboration provided for in the preceding paragraph.

Article 29.

Rights of political parties and groups of citizen voters

1-The political parties and groups of citizens voters enjoy, relatively to the

electoral census, of the following rights:

16

a) Right of collaboration, without prejudice to the own functions of the committees

censuses;

b) Right to ask for information and to present in writing complaints, protests and

contraprotested, by staying with the census committees and the DGAI, depending on the

cases, obliged to provide those and to receive these;

c) Right to obtain computerized copy or photocopy of the census notebooks,

provided that they put at the disposal the appropriate human and technical means and

bear the respective burdens.

2-A The collaboration of political parties and groups of citizen voters is done through the

citizens who these indicate to the census commissions in the first five working days of the

calendar year.

3-The decisions of the census commissions relating to requests for information and the

complaints, protests and counter-tests are handed down within two days and of them

may the political parties and groups of citizens voters appeal in the terms of the

articles 61 and following.

SECTION IV

Bodies and services of organisation, coordination, management and support

Article 30.

Organisation, coordination and general support

DGAI has functions of organization, coordination and overall support of the operations of

electoral census.

Article 31.

Coordination and local support

1-Municipal chambers have functions of coordination and support of the operations of the

electoral census in the area of the respective municipality.

2-abroad, the functions of coordination and support compete with the ambassadors.

CHAPTER III

Census operations

17

SECTION I

Realization of operations

Article 32.

Continuous update

On the national and foreign territory, the enrolment operations as well as those of

change and deletion of inscriptions, for the effect of updating of the census,

arise at all time, without prejudice to the provisions of Article 5 (3) and (4).

Article 33.

Time and location

1-The voluntary and presential census of national citizens residing in the

foreign and foreign residents in Portugal are carried out by the committees

censuses during the normal period of operation of the entities in whose seats if

find installed.

2-The census commissions announce, through edials to be affixed in the places of style and,

where possible, through the social media of local or regional scope,

the locations and times of voter care.

SECTION II

Inscription

Article 34.

Promotion of enrollment

1-A The inscription on the census is carried out in an automatic manner in accordance with paragraph 2

of Article 3 of this Law.

2-Foreign voters identify themselves through the title of residence or, in the case of the

national of the European Union, by valid title of identification.

3-Voters who promote their enrolment abroad identify themselves by

presentation of the citizen card or identity card and certify your residence

18

with that document or with the title of residence, issued by the competent entity of the

country where they meet.

Article 35.

Enrollment of voters aged 17 years

1-Citizens provided for in this section who are completed 17 years are enrolled in the

electoral census, moving on to integrate BDRE on a provisional basis, as long as it does not

covered by any other impediment to their electoral capacity, owing to

information for such necessary to be obtained through the common services platform of the

Citizen card and, as to those who do not have it, through information provided

by the information system of civil identification.

2-The citizens referred to in the preceding paragraph who are completed 18 years to the day of the election

or referendum are listed in the respective electoral rolls.

Article 36.

Shipment of inscriptions

1-Compete to the census entities refer to the DGAI, through the SIGRE, the information

on the presential inscriptions.

2-A The enrolment of non-national citizens contains, before the enrolment number, the siglas

EU, for those of the European Union, and ER, in the case of the remaining foreign citizens.

3-abroad, it competes with the competent departments of the Ministry of Business

Foreigners refer to the DGAI, through the SIGRE, the information on the inscriptions

presentials received.

Article 37.

Content of the inscription

1-When the inscription is not automatic is carried out, through the SIGRE, by the

fulfillment of the following information fields:

a) Number of enrolment;

19

b) Designation of the census commission and or the census post where it is

enrolled;

c) Full name;

d) Membership;

e) Date of birth;

f) Naturalness;

g) Nationality;

h) Sex;

i) Freguesia and Concelho or country of residence as per civil identification or title

valid residence issued by the competent entity;

j) Morada;

l) Consular district;

m) Number and dates of issuance and validity of the title for identification and title

valid of residence, depending on the cases;

n) Date, origin and type of communication to BDRE;

o) Telephone number, mobile phone and e-mail address, as long as it obtained the

consent of the holder.

2-They must still be filled, depending on the cases, the following fields of information:

a) For the voters referred to in points c ) and d ) of Article 4, valid title of residence,

proof of the minimum residence time fixed in the Electoral law of the Organs

of the Local Authorities;

b) Mention of "Elector of the President of the Republic" in the cases of inscriptions made

in a census committee based abroad, as per the provisions of the article

42.

c) Mention of the option made by the voters of the non-national European Union of the State

Portuguese, in accordance with the provisions of paragraph 5 of this Article;

20

d) The option made by the Portuguese citizens census in countries of the Union

European, in accordance with the provisions of Article 44 (1).

3-A identification for the purpose of enrolment of voters referred to in points c ) and d ) from the

article 4 takes place exclusively through the valid residence permit issued by the Service

of Foreign and Borders, of the Ministry of Internal Affairs.

4-When enrollment respects the foreign citizen, the latter must still present

formal declaration, specifying:

a) The nationality and the address on the national territory, which must be confirmed

by the census commission;

b) Where appropriate, the electoral notebook of the circle or local municipality of the State of

origin in which it has been registered in last place;

c) Which does not find itself deprived of the right to vote in the State of origin,

excepting from that requirement the nationals of the European Union who only if

sign up as voters of the bodies of local authorities.

5-In the case that the voter of the non-national European Union of the Portuguese State manifits the

willingness to exercise the right to vote in the elections to the European Parliament, the declaration

formal will further specify that the voter will only exercise this right to vote in Portugal and

you do not find yourself deprived of the same in the member state of origin, with such an option

duly noted in the BDRE.

6-Voters who wish to change the option referred to in the preceding paragraph shall declare it

together with the respective census commission, which communicates it to BDRE.

Article 38.

Confirmation of enrollment

The information collected in the terms of the previous article is printed, through the SIGRE, and

delivered to the voter for confirmation and signature.

Article 39.

Acceptance of enrollment

The acceptance of enrolment only produces effects after its validation by BDRE.

21

Article 40.

Conditional acceptance

In case of doubt, on Portuguese citizenship or on the status of a statute of

equality of political rights the enrollment is conditional, being confirmed when, through

of the SIGRE, are held with the Conservatory of the Central Registries or the SEF as

required representations for certification.

Article 41.

Enrollment promoted by the census commission

The enrolment of the elector citizen can still be promoted by the census commission,

through the SIGRE, being confirmed later by BDRE.

Article 42.

Inscriptions abroad

The entries made in a foreign-based census commission, under the conditions

provided for in the electoral law of the President of the Republic, are noted in the notebooks of

census and on the BDRE, with a mention " voter of the President of the Republic.

Article 42-The

Information to DGAI

Where in the course of the census process of national citizens in the

foreign are detected situations in which the place of residence constant of the card of

citizen or non-coinced identity card with the residence permit issued by the

competent entity, the responsible of the census posts abroad stay

required to give notice of them, through the SIGRE, to DGAI.

Article 43.

[ Revoked ]

Article 44.

Census in countries of the European Union

22

1-Portuguese citizens who promote their enrolment in the census in

State-based census commission member of the European Union must, in the act of

enrollment, make formal statement on whether to opt out of voting in the country's deputies of

residence or in the Members of Portugal in the elections to the European Parliament, being such

duly annotated option in BDRE.

2-Voters who wish to change their option must declare it to the committee

respective census, which, immediately, communicates the communica to BDRE.

Article 45.

Exchange of information

1-Compete to the DGAI Electoral Administration, in contact with the bodies

competent of the remaining member states of the European Union, proceed to the exchange of

information that allows for the permanent correction and updating of the census of the

voters of the non-national European Union of the Portuguese state resident in Portugal and

of Portuguese voters resident in the remaining member states of the European Union,

in view of the unicity of the enrollment and the candidature in the elections to Parliament

European.

2-A The exchange of information referred to in the preceding paragraph shall be made in the form and in the period

suitable.

SECTION III

Alteration, transfer and deletion of enrollment

Article 46.

Change of identification

1-Any modification of the identification elements of the voters is communicated to the

BDRE, through the SIGRE.

2-In the case provided for in the previous number, the voter registration number is not changed.

Article 47.

Change of residence

The change of residence to another circumscription or census post implies the

transfer in the terms of the following article and the elimination of the previous inscription.

23

Article 48.

Transfer of enrollment

1-Voters covered by the provisions of Article 4 shall promote the transfer along the

census entity of the circumscription of the new residence, according to the provisions of the

article 37 para.

2-A DGAI, through the SIGRE, makes available to the census entities where the voters

were previously enrolled information on the eliminations made pursuant to the

previous article.

Article 49.

Information regarding eliminations

1-A DGAI, through the SIGRE, makes available to the census commissions the information

of the following eliminations concerning your electoral universe:

a) The Inscriptions of those who do not enjoy active electoral capacity stipulated in the

election laws;

b) The Inscriptions of the citizens who hajam lost Portuguese nationality in the

terms of the law;

c) The Inscriptions of voters who have died deceased;

d) The Inscriptions cancelled pursuant to Art. 51;

e) The Inscriptions of the citizens foreign voters who cease to reside in Portugal

or that, in writing, request it, by returning the voter card.

f) The inscriptions of national citizens abroad when doubly enrolled.

2-In the case of return for two consecutive times of the overclaimers containing the

ballot papers for voters census abroad, DGAI officiously cesses the

dispatch of ballot papers until the voter informs of the new abode.

3-In the event of an elimination of enrolment in the census, for any reason

legally provided for, the inclusion of the data of the citizen concerned in the BDRE and the

its treatment by SIGRE, specifically by interaction with information systems

which carry out the management or updating of personal data.

24

Article 50.

Information relating to active electoral capacity

1-In case of doubt about the active electoral capacity, the DGAI requests the Institute of the

Registrations and the Notariat, I. P. the necessary information.

2-A Conservatory of Central Records sends DGAI copy of the loss seats of

Portuguese citizenship of the larger citizens of 17 years.

3-A General Directorate of the Justice Administration, Ministry of Justice, sends to DGAI

information for citizens who are deprived of their political rights by judicial decision

transitioned on trial, as well as from the citizens who, finding themselves in that situation,

complete 17 years.

4-The Institute of Information Technology in Justice, I.P. communicates to DGAI the relationship

of the deceased citizens, as well as of the citizens who complete 17 years.

5-The census commissions may, on the basis of an idoneo document they possess,

that they obtain on their own initiative or be provided by any voter,

proceed to the elimination of enrollment by death, by communicating it immediately to BDRE.

6-In case the existence of enrolment in the BDRE of voters with equal age is found

or more than 105 years the DGAI will confirm the timeliness of the inscription.

7-A The evidence referred to in the preceding paragraph is requested to the respective census commission and

may be carried out through the display of the citizen card or identity card,

social security card or through declaration by two voters of the geographical unit

respective, under commitment of honor.

8-Seated the administrative representations aimed at the fact-finding of the current

enrollment of voters aged 105 or older, DGAI communicates to the voter the intention of

eliminate enrollment and, if no response is found within 30 days, proceeds to the

respective elimination.

9-Psychiatric establishments send to DGAI information of the citizens who in them

are admitted to, notoriously recognized as demented as well as citizens

that, finding themselves in that situation, are completed 17 years.

10-The entities referred to in paragraphs 2, 3, 4 and 5 also communicate to DGAI any

25

facts determinants of the repurchase of active electoral capacity.

11-Compete to DGAI, through the SIGRE, make available to the census committees a

information relating to the changes that are due to the cases provided for in paragraphs 2, 3, 4, 8, 9 and

10 of this article.

Article 51.

Multiple inscriptions

1-When they are detected, through BDRE, cases of multiple enrollment, the prevalent

most recent enrollment, cancelling the remaining ones.

2-If the inscriptions have the same date, the person concerned is notified to opt for a

of them, within 20 days.

3-If there is no response, the DGAI, in a reasoned act, decides which enrolment that

prevails

4-Not being possible to ascertain the most recent inscription, the last communication prevails

BDRE.

5-A The information of the eliminations determined by BDRE will be made available by the

DGAI, through the SIGRE, to the respective census committees.

SECTION IV

Census notebooks

Article 52.

Elaboration

1-The census notebooks are drawn up by the SIGRE on the basis of information

of the constant inscriptions of BDRE.

2-There are so many census notebooks as many as necessary for that in each

of them figurem appreciably 1000 voters.

Article 53.

Organization

26

1-The census notebooks are arranged by the order of the enrolment number.

2-The notebooks are numbered and have an end term subscribed and authenticated

by the census committees.

3-A The numbering of the leaves of the census notebooks is sequential and continuous of

notebook for notebook and unique by census commission or census post.

Article 54.

Update

1-A update of the notebooks are done, depending on the cases:

a) By insertion of the modification of the name of the voters;

b) By suppression of the inscriptions that have been removed;

c) By insertion of the modification of the postal address of the voters when residents in the

foreign;

d) By addition of the new inscriptions.

2-A DGAI, through the SIGRE, assures the census commissions access to information

on all the changes referred to in the preceding paragraph and their grounds.

Article 55.

Adaptation

The notebooks are adapted, upon full transcription of the elements relating to the

voters enrolled in the existing notebooks, when it is modified the geographical area of the

circumscription of census or the census post.

Article 56.

Consultation of census notebooks and copy extraction

1-In the month of February, the DGAI, through the SIGRE, proceeds to the issuance of the notebooks

census in electronic form, so as to allow your printing by the

census commissions, for the purpose of consultation and complaint of those interested during the

month of March.

27

2-Seek the deadlines for claim and appeal, the census commissions, through the

SIGRE, communicate to BDRE the relevant rectifications.

Article 57.

Exhibition in the election period

1-Until the 44 th day prior to the date of the election or referendum, the DGAI, through the SIGRE,

makes available to the census commissions listings of the changes that occurred in the notebooks

census.

2-The census commissions, through the SIGRE, aced to the listings provided for in the

previous number and adopt the necessary measures for the preparation of their exhibition.

3-Between the 39 and the 34. days prior to the election or referendum, they are exposed in the seats of the

census commissions the listings referred to in the preceding paragraph, for consultation effect and

complaint from those concerned.

4-The complaints and the resources concerning the exhibition of listings referred to in the number

previous carry out in the terms of Articles 60 and following.

5-A DGAI, in collaboration with the census committees, can promote, in

conditions of safety, the possibility of consultation, on the part of the holder, to the data

constants of the electoral notebooks that respect you, by means of computerized means,

particularly by the Internet .

Article 58.

Faithful copies of the notebooks in electoral period

1-Seek the deadlines for claim and appeal, the census commissions communicate

the rectifications resulting therefrom to BDRE within five days.

2-A DGAI, through the SIGRE, makes available to the census commissions the notebooks

election in electronic format, with a view to their impression and use in the electoral act

or referendum.

3-In the freguesies where the printing of electoral notebooks is not possible, the respective

census commissions ask for their impression of DGAI by the 44 th day before the

election or referendum.

28

Article 59.

Period of unalterability

Census notebooks may not be changed in the 15 days prior to any

electoral act or referendum.

Article 59-The

Special deadlines

Should you treat yourself to a referendum called with less than 55 days in advance, deadlines

referred to in the previous articles are amended as follows:

g) Until 13 the day after the convocation for the extraction referred to in paragraph 1 of the article

57.

h) From 14 to 16 the day after the convocation for the exhibition referred to in paragraph 2 of the

article 57;

i) Halving, rounded off by excess, of the deadlines in excess of one day, to which

is referred to in Article 57 (3);

j) Two days for the submission referred to in Article 58 (1);

k) Until the 13 the day after the convocation for the issuance of notebooks referred to in paragraph 3

of Article 58;

l) Five days for the period of inalterability referred to in Article 59.

SECTION V

Complaints and resources

Article 60.

Complaint

1-During periods of exposure, can any voter or political party present

complaint, in writing, before the census commission of the omissions or inscriptions

improper owing these claims to be forwarded to DGAI on the same day, by the

via more expedient.

2-In the case of complaint of undue enrollment, the commission gives it immediate

knowledge to the voter to answer, wanting, within two days, owing

29

equally such a response was remitted, on the same day to DGAI.

3-A DGAI decides the complaints in the following two to your presentation, communicating from

right away your decision to the author of the complaint, with knowledge to the committee

census that affixed it, immediately, at its head office or place of operation, well

as at the census posts, if they exist.

4-Decide the claim and exhausted the time limit of appeal, DGAI operates, when it is case

of this, the competent changes in the BDRE and communicates them to the respective committees

censuses.

Article 61.

Competent court

1-Of DGAI's decisions on complaints that are presented to them rests with

to the court of the comarch of the registered office of the respective census committee.

2-Addressing the interposed appeal of a census commission decision abroad,

is competent the Court of the Comarch of Lisbon.

3-In the courts where there is more than one judgement, the distribution is carried out on the very day of the

entry of the application under the terms of the common procedural law.

4-Of the decisions of the comarch court rests on appeal to the Constitutional Court.

Article 62.

Deadline

The appeal shall be brought within five days of the affixing of the decision of the

DGAI or the decision of the court of comarch.

Article 63.

Legitimacy

1-Have legitimacy to appeal to claimant voters, as well as parties

politicians.

2-The political parties and the groups of citizen voters with seat in the organs

30

autarquicos consider themselves to be legitimately represented by the respective delegates in the

census commission.

Article 64.

Interposition and tramway

1-The application for an interposition of appeal, of which its fundamentals are listed, is

delivered at the court office accompanied by all the evidence.

2-The court sends to notify immediately to respond, wanting, by joining all

the evidence, within two days:

a) The DGAI;

b) The voter whose enrollment is deemed undue, by the appellant, if that is the

case.

3-Any political party or group of citizen voters with seat in the organs

municipal may also respond, wanting, within the time limit set out in paragraph 2.

Article 65.

Decision

1-The court shall definitely decide within four days of the interposition of the

feature.

2-A The decision is immediately notified to the DGAI, the applicant and the others concerned.

3-If the court's decision involves alteration in the census notebook, it will be the same

communicated to the DGAI, within one day, which transmits it, through the SIGRE to the committee

census.

SECTION VI

Supplementary operations

Article 66.

Guard and conservation

It is incumbent on the DGAI Electoral Administration and the census committees to guard and

conservation of documents reaching census operations.

31

Article 67.

Number of registered voters

On the March 1 each year the Electoral Administration of the DGAI publishes, in the 2 th series of the

Journal of the Republic, the number of voters enrolled in the electoral census by

census circumscription, pursuant to the provisions of Article 8.

Article 68.

Certificates and data relating to the census

They are compulsorily passed by the census commissions, within three days, the

application by any person concerned, the certificates relating to the electoral census.

Article 69.

Exemptions

They are exempt from any fees, emoluments, stamp duty and tax of justice,

as the cases:

a) The certificates referred to in the previous article;

b) All documents intended to instruct any complaints or resources

provided for in this law;

c) Forensic searches to be used in claims and resources provided for in the present

law, they shall have to specify the processes to which they are intended.

32

CHAPTER IV

Finance of the census

SECTION I

Expenses of the census

Article 70.

Expenses of the census

They constitute expenditure of the electoral census the charges resulting from their preparation

and execution.

Article 71.

Scope of expenditure

1-The expenses of the census are local or central.

2-Constitutions local expendities as carried out at the level of the geographical unit of the

census by the municipal or consular bodies or by any entity because of

of the census.

3-Constitut central expenditure the charges that, not being those provided for in the number

previous, are, because of the census, assumed:

a) Directly by the Electoral Administration of DGAI;

b) By other recognizably central entities, specifically by the

Ministry of Foreign Affairs.

SECTION II

Payment of expenses

Article 72.

Payment of expenses

1-The local scope expenditure will be met:

33

a) Those carried out on the continent, in the Autonomous Regions of the Azores and Madeira,

by the monies entered in the budget of local authorities, by transfer of the

State budget, excepted those carried out by other entities in the financial year

of own competence or without prior assentiment of those, which will be by

these supported;

b) Those carried out abroad, by the respective census committees, through the

appropriations entered in the budget of the Ministry of Foreign Affairs.

2-Central-scope expenditure will be met through the Administration's budget

Election of the DGAI.

Article 73.

Extraordinary work

1-A implementation of tasks within the framework of census work by individuals

bound by any title to the Public Administration does not give right to remuneration

special.

2-When, by demand of the service, work on the preparation or execution of the

census should be performed in addition to the normal period of operation,

there may be room for remuneration for extraordinary work in accordance with the legislation

behold.

3-The appeal to the extraordinary work shall be limited to the strictly indispensable.

Article 74.

Assignment of tasks

1-In the case of being assigned tasks, within the framework of the census work, the

entities that are not part of the Public Administration, there may be remuneration

in the measure of the work provided.

2-The recourse to assignment of tasks under the preceding paragraph shall be limited to the

indispensable.

Title II

Illicit of the census

CHAPTER I

34

General principles

Article 75.

Competition with more serious crimes

The sanctions commenced in this law do not exclude the application of other more serious ones by the practice

of any crime provided for in criminal law.

Article 76.

Aggravating circumstances

They constitute aggravating circumstances of the illicit relating to the electoral census:

a) To influence the offence in the outcome of the vote;

b) Being the offence committed by agent of the electoral administration;

c) To be the offence committed by members of the census commission;

d) Be it the offence committed by candidates, delegates from political parties or elected

not covered in the paragraph c ).

Article 77.

Disciplinary responsibility

The offences provided for in this Act also constitute disciplinary outlines when committed

by officials or agents of the central, regional or local public administration subject to

disciplinary responsibility.

Article 78.

Incidental penalty of resignation

To the practice of crimes pertaining to the census by public servant in the

exercise of its functions may correspond, regardless of the measure of the penalty, to

incidental penalty of resignation, whenever the crime has been practiced with blatant and serious

abuse of the duties or with manifest and serious violation of the duties attached to them,

attentive to the concrete gravity of the fact.

CHAPTER II

Criminal illicit

35

SECTION I

General provisions

Article 79.

Punishment of the attempt

The attempt is punishable.

Article 80.

Penalty accessory for suspension of political rights

To the practice of crimes pertaining to the census may correspond, in addition to the penalties

specially provided for in this Act, suspension incidental penalty, from six months to five

years, of the rights laid down in Articles 49, 50, 52 (3), paragraph 1 and 207 of the

Constitution, attentive to the concrete gravity of the fact.

Article 81.

Prescription

The procedure for criminal offences relating to the electoral census prescribes in the

period of three years from the practice of the fact or one year from the knowledge of the

fact punishable.

Article 82.

Constitution of political parties as assistants

Any legally existing political party may constitute an assistant in the processes

by criminal offences relating to the census committed in the area of the constituency

in which there are candidates in the last elections to the Assembly of the Republic.

SECTION II

Crimes pertaining to the electoral census

Article 83.

Doleful promotion of enrollment

36

1-Who to promote your enrolment in the census without having electoral capacity is

punished with imprisonment for up to 6 months or with penalty of fine up to 60 days.

2-Who to promote their enrollment in diverse census constituencies of the

corresponding to the area of the constant residence on the identity card or in the title of

residence is punished with imprisonment for up to 1 year or with penalty of fine up to 120 days.

Article 84.

Obstruction of enrollment

Who, for violence, threat or fraudulent intent, induce a voter not to promote the

your enrolment in the electoral census or to promote your enrolment outside the

census circumscription of the area of your residence is punished with imprisonment until

2 years or with penalty of fine up to 240 days.

Article 85.

Obstruction to the detection or non-deletion of multiple inscriptions

Who obstruct the detection of multiple inscriptions or not to comply with the provisions of the

n Article 48 (3) and in Article 51 (5) is punished with imprisonment up to 2 years or

with penalty of fine up to 240 days.

Article 86.

Fake medical certificate

The doctor who improperly passed attestative certificate of physical disability, to the

effect of the provisions of Article 38 (2), is punishable by imprisonment up to 6 months or with

penalty of fine up to 60 days.

Article 87.

Violation of duties relating to enrolment in the census

1-Are punished with imprisonment for up to 1 year or with penalty of fine up to 120 days the

members of the census committees that:

a) If they refuse to enrol in the census a voter that there is promoted to his

37

inscription;

b) To proceed to the enrolment or undue transfer of a voter in the census;

c) They unduly eliminate the enrolment of a voter in the census.

2-The members of the electoral administration and the census committees that refuse to

carry out the officious eliminations to which they are obliged by this Law are punished with

prison sentence up to 1 year or penalty of fine up to 120 days.

3-A negligence is punished with fine up to 120 days.

Article 88.

Violation of duties relating to the files and census notebooks

The members of the electoral administration, as well as the members of the committees

censuses, which do not proceed in accordance with the stipulation in this Law, in relation to the

elaboration, organization, rectification and updating of the file of the electoral census and

drafting of the census notebooks, are punishable by imprisonment up to 6 months

or with penalty of fine up to 60 days.

Article 89.

Falsity of formal declaration

The foreign elector citizen who gives false statements in the document provided for us

n. paragraphs 4 and 5 of Article 37, with a view to obtaining its enrolment in the census, is punished with

prison sentence up to 6 months or penalty of fine up to 60 days.

Article 90.

Forgery of the voter card

Who, with a fraudulent intent, to modify or replace the voter card is punished with

prison sentence up to 6 months or penalty of fine up to 60 days.

38

Article 91.

Failure to comply with the duty of information for the purpose of the census

Those responsible for sending the relations of citizens provided for in Article 50 that do not

comply with their respective obligation will be punished with imprisonment for up to 6 months or penalty

of fine up to 60 days.

Article 92.

Falsification of census notebooks

Who by any mode to alter, addict, replace or suppress the notebooks

census is punishable with imprisonment up to 3 years or penalty of a fine of up to 360 days.

Article 93.

Impediment to the verification of enrolment in the census

The members of the census commission who do not expose the copies of the notebooks

census or which will get the citizen to consult them within the expected legal period are

punishable by imprisonment up to 6 months or with penalty of a fine of up to 60 days.

Article 94.

Refusal of passage or falsification of census certificates

The members of the census commissions who refuse the passage of certificates of

census on voters who in it find themselves enrolled or who pass false certificates

are punished with imprisonment for up to 6 months or penalty of a fine of up to 60 days.

CHAPTER III

Illicit of mere social ordering

SECTION I

General provisions

39

Article 95.

Competent bodies

It is incumbent upon the municipal chamber of the area where the counter-ordinance has been practiced to apply the

respective cofine, with appeal to the competent court.

SECTION II

Counter-ordering

Article 96.

Refusal to sign up

1-Who, in the aim of preventing their enrolment in the census, refuse the

padding or the signing of the verbete or the affixing on it of digital printing is punishful

with fine of 25000 to 100000 $.

2-The member of the census committee who does not officiously promote enrollment in the

census of citizens with electoral capacity is punished with fine of 50000 $a

100000 $.

Article 97.

Do not return the voter card

Anyone who does not return the voter card, in the cases provided for in the law, is punishable by fine

10000 to 20000 $.

Article 98.

Negligent failure of the duties of the members of the electoral administration and

of the census committees

The officials and agents of the electoral administration and the members of the committees

censuses which, by negligence, do not proceed, by the manner prescribed in this Law, to the

elaboration, organization, rectification or reformulation of the census notebooks are

punched with fine from 100000 to 200000 $.

Title III

Final and transitional provisions

40

Article 99.

Applicable computer legislation

The computer crimes provided for in this Law shall apply to the provisions of the Laws No 67/98,

of October 26 (Law on the Protection of Personal Data), and 109/91, of August 17 (Law of the

Computer Crime), and, secondarily, the provisions of the Criminal Code.

Article 100.

[ Revoked ]

Article 101.

[ Revoked ]

Article 102.

Census commissions

The members of the census committees designated by the political parties in exercise

of functions on the date of entry into force of this Law shall remain in office until they are

replaced in the terms of Article 22 (2).

Article 103.

Census models

1-The models of electoral notebooks referred to, as well as other printed

complementary necessary to the management of the electoral census, are approved by

would pore from the member of the Government responsible for the area of internal administration, published

within 30 days of the entry into force of this Law.

2-The models and printouts referred to in the preceding paragraph are obtained through the

SIGRE.

Article 104.

Repeal

Leis No 69/78 of November 3, 72/78, December 28, 4/79, 4/79, 4/79,

of January 10, 15/80, of June 30, 81/88, of July 20, 3/94, of February 28,

50/96, of September 4 and 19/97, of June 19.