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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449784d6931594c6d527659773d3d&fich=ppl212-X.doc&Inline=false

1 PROPOSAL of law No. 212/X explanatory memorandum to the draft law that now presents itself aims to frame the legal introduction of new technological means to support voter registration, giving new impetus to the reform initiated by the law No. 130/97, of December 31, which, in an innovative way, created the voter registration database (BDRE) and continued by the law No. 13/99 , March 22, which enshrined new census update mechanisms, as well as provisions that allow young voters came from the exercise of voting rights at the date on which complete 18 years, solving the controversial constitutional issue concerning the effective exercise of voting rights of all citizens. Both diplomas reaped a broad parliamentary consensus. This initiative is part of the same philosophy modernizadora, welcoming the work experience, projecting and innovating new ways for more effective interaction between the BDRE information and information systems from existing civil identification, particularly in view of the recent reality that constitutes the citizen's card, which is in the expansion phase. Simplification measures as the early – now with automatic registration in the register of citizens who complete 18 years and of the voters who change address, through the platform of interoperability of the citizen card or automatic registration in the register of foreign nationals resident electoral capacity, which make this Declaration of will in legal terms with the Recenseadoras or service Commissions of foreigners and borders-are corollaries of the efforts already made to normal provide identification systems of modern Portugal, whose interaction is likely to generate synergies and increased quality, with strict delimitation of security mechanisms and strict respect for the principles and rules on data protection.

2 the proposal now presented remains untouched to the General principles that characterise the electoral census, in the current structure (mandatory, oficiosidade, permanence, oneness), such as result of paragraph 2 of article 112 of the Constitution of the Republic. Visa, in particular:  strengthen, through an information system and management of the voter registration (SIGRE), mechanisms of permanent update of the census so that this matches tend to electoral universe;  innovate the means and procedures of interaction between the information systems of civil identification and the BDRE;  ensuring interoperability of the SIGRE with common Citizen Card Services, modernizing the essential aspects of information processing;  promote voter registration according to the address contained in identification systems, improving the current regime;  ensure recenseadoras commissions a more modern form of BDRE access, via SIGREweb;  establish a transparent and secure process that allows, with full guarantees for citizens, double checking entries, inaccurate data and eliminations, in cases typified, ensuring that in the notebooks of census listed only voters;  modernize the regime of production and issue of the notebooks of census in order to ensure that this occurs more quickly, with resource intensive to electronic media, for the benefit of the people and without prejudice to the powers of the commissions Recenseadoras;  following the modernisation and simplification measures introduced by the SIGRE, cessation of the issuance of the voter's card, transiently in possession of holders for the purposes of electoral legislation or referendum, the already issued;  3 update, organizational issues, in accordance with the restructuring that took place in the Ministry of internal affairs. Was deliberately preserved the essential matrix of law No. 13/99, the result of a consensual decision that matters and weighting. Therefore, the degree of changes does not affect the legal enquadradora of the mesh database of voter registration, in particular about the type of data processed, data communication scheme, access, security, monitoring role of the National Commission for data protection (CNPD), in which the Assembly of the Republic hosted guidelines issued by this independent authority in the opinion on the proposal for a law which resulted in the above-mentioned Law. Were fully embraced the proposals resulting from the opinion of the CNPD, in particular about the rules and the specification of the categories of data subject of interconnection, the consent to the treatment of personal data concerning interconnection and the voters whose registration in the census is voluntary. Reinforce, as proposed, the measures of information security, through the use of dedicated lines and securizadas, giving a high degree of protection in the processing of data, the operation of the SIGRE and interoperability with other information systems. Stipulated the prohibition of inclusion of data in BDRE citizens whose entry has been deleted. It remained, however, regarding the provisional registration of young electors, to 17 years, as legally enshrined by law No. 19/97 of 19 June and reiterated by the law No. 13/99 of 22 March. In fact, this is the only solution that preserves and guarantees technically the effective possibility of exercising the right to vote to citizens who reach the age of majority at the date of the election. Without the prior registration in BDRE, would, in practical terms, impossible to enable these young citizens suffrage law, coarctando-that way the exercise of a constitutional right. The prior inscription is made on a provisional basis, serving the inclusion of relevant data, and provided, for the treatments necessary to, in good time, and provided proof of age, included in the electoral roll, with the purpose of preventing the breach of the Constitution which enshrines the right of universal suffrage, which should not frustrate yourself by omission of the appropriate technical measures , not being in the availability of the data subject avoid, through not consent, 4 entry in the voter registration, being fully legitimate technical measures concerned, which is why the legislature repeatedly consecrated. The Bill:  regulates the system of information and management of census (SIGRE), technological platform which aims to merely allow the dialogue between systems – without them interfering. Conceived and designed solely for the purpose of voter registration, interoperable, in order to ensure the permanent updating of the RE, must be provided with special security measures, in data processing and technology operations;  ensures the automatic registration of voters on BDRE, on the basis of the criteria already laid down in existing legislation;  respects the status of the Recenseadoras Committees, which continue to have a fundamental role in the whole process of RE, now having access to a digital platform to access the BDRE that ensures faithfully the forms of interaction with the data of the electors of his electoral universe, but also the democratic and civic intervention of citizens, political parties, local authorities and of the Commission recenseadoras.

 combines the technological modernization with the preservation of rules that allow to continue the best practices and relevant contribution of thousands of citizens and of the Parish Councils, for the advertising of the entire process, in particular as regards the exposure of the electoral roll and the organisation of the Census;  guarantees, finally, graceful and contentious that allow the courts to all actors in the process of voter registration. It is intended, in this way, combining the necessary modernisation and simplification, with security, reliability and certainty of all the electoral registration process. The natural expansion of the citizen's card will allow in the future other innovations, notably the equipping of the Census system to act, under certain circumstances, the so-called "vote in mobility", which presupposes infrastructural conditions 5 and reforms of electoral law whose preparation requires in-depth and careful study. Putting the new means of communication and information of the 21st century in the service of real rapprochement between the Census and the electoral universe we are after all, full compliance with the fair and always current dimmed option for many decades by constituent members in article 49 of the basic law. Were heard the National Association of Portuguese municipalities, the National Association of Parishes and the National Commission for Data Protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill:


Article 1 amendment to the law No. 13/99 of 22 March articles 3, 5, 9, 10, 11, 12, 13, 15, 18, 19, 20, 21, 25, 26, 27, 29, 30, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 42A, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59-60, 61, 62, 64, , 65 and 103 of the law No. 13/99 of 22 March, as amended by law No. 3/2002, of 8 January, by organic law No. 4/2005 and the organic law n° 5, September 8/2005, are replaced by the following: ' article 3 [...] 1-all voters have the right to be registered and the duty to verify the entry in the register and in case of error or omission, require correction. 2-all nationals, resident in the national territory, over 17 years, are automatically entered in the unofficial and database of voter registration, hereinafter referred to as abbreviated by BDRE, and the information necessary for this purpose be obtained based on 6 common services platform of the citizen card. Article 5 [...] 1-[...]. 2-the census is updated through electronic means or otherwise, pursuant to this law, in order to correspond with present to the universe. 3 - […]. 4 - […]. 5-the provisions of this article, in particular with regard to the interconnectivity of information systems, is applicable to nationals living abroad that if recenseiem voluntarily, in accordance with the following: a) the registration and treatment of data depends on the consent of the owner who must be guaranteed at the time of exercising the right of voluntary registration provided for in article 4; b) after voluntary registration, updating and consolidation of data is made, in general terms, by the interaction between the information system and management of the voter registration, hereinafter referred to as abbreviated by SIGRE, and appropriate information systems. Article 9 [...] 1-the constituency of voters citizen card holders is the corresponding to the address referred to in point (b)) of paragraph 1 of article 8 of law No. 7/2007, of February 5. 2-the voters included in voter registration at the place of operation of entity recenseadora corresponding to the address indicated on the ID maintains its registration in the same constituency, unless having obtained citizen card, this 7 bear different address. 3-voters provided for in point (a)) article 4 shall be entered in operating sites of the entity recenseadora corresponding to the residence indicated on the residence permit issued by the competent authority of the country in which he is.

4-foreign voters provided for in paragraph 1 (b)), c) and (d)) of article 4 shall be carried out their voluntary enlistment with the Recenseadoras or service Commissions of foreigners and borders, hereinafter referred to as abbreviated by SEF, getting registered in Census Division corresponding to the domicile indicated in the valid title. 5-The Brazilian citizens who, possessing the status of equal political rights, have voluntarily obtained citizen card are automatically registered in the constituency, BDRE corresponding to the address declared, using for this purpose the common services platform of the citizen card. Article 10 [...] 1-the BDRE, constituted under law No. 130/97, of December 31, aims to organize and maintain permanent and current information concerning voters included in voter registration. 2-the BDRE is continually updated based on relevant information from the Civil Identification information system vis-à-vis citizens and integrated information system of the SEF, as foreign citizens resident in Portugal. 3-Are established between the BDRE and military identification systems the interactions necessary to ensure full compliance with the legal provisions governing registration operations and disposal of records pertaining to these citizens.

8 4-the BDRE validation of all information pursuant to paragraphs 2 and 3, ensuring the implementation of the principle of single registration set out in article 7 of this law. 5-[previous paragraph 4]. Article 11 [...] 1-the Organization, maintenance and management of BDRE and SIGRE, compete to the Directorate-General of internal administration, hereinafter referred to as abbreviated by DGAI. 2-[previous paragraph 3]. Article 12 content and BDRE interconnection scheme 1-the BDRE is constituted by the following personal identifying information of voters, reported by the respective national identification systems or by the committees: recenseadoras) [...]; b) [...]; c) [...]; d) [...]; e) [...]; f) [...]; g) [...];

h) Parish and municipality or country of residence as the civil identification or valid residence title issued by the competent authority; 9 i) Address; j) consular District; l) Number and date of issue and date of expiry of the valid title for identification and valid title of residence, as appropriate; m) [previous (n))]; n) date, origin and type of communication the BDRE; the) phone number, phone and email, since I obtained with the consent of the owner. 2-the BDRE must be communicated by the respective national identification systems or recenseadoras committees, as appropriate, the following information: (a) camps) [previous subparagraph (b))]; b) [previous subparagraph (c))]; c) [Former subparagraph (d))]; d) information on the active electoral capacity; e) statement that holds the status of equal political rights; f) […].

3-for the purposes of identification verification, elimination of improper registration, change of address, by death or by the detection of irregular situations, DGAI, in collaboration with competent public authorities, ensures the interconnection between the BDRE and other relevant information systems, which is carried out solely in terms of the categories of data referred to in this article and in accordance with the rules and procedures provided for in this Act. Article 13 10 information system and management of the voter registration 1-the information system and management of the voter registration ensures centrally within the BDRE, updating and consolidation of information that is contained in and the automatic registration of citizens, through proper interoperability with common services platform of the citizen's card, with the civilian and military identification systems of the citizens and with the integrated information system of the SEF. 2-the SIGRE:) Ensures the automatic management of the voter registration, based on its registration number and address constant of the systems referred to in the preceding paragraph; b) proceeds to the assignment of each elector in the constituency of census corresponding to the physical postal address of the place of residence registered in the systems referred to in the preceding paragraph;

c) enlists the elector at the station corresponding to the respective registration division headquarters, when it is not possible to assign a specific registration, insufficient information concerning the residence; d) Enables the issuance by the DGAI electoral register in electronic form and its impression on the local level by the committees recenseadoras and, by default, by the municipalities. 3-through the SIGREweb module, the SIGRE ensures recenseadoras commissions: the Online Access to BDRE), for maintenance with topicality of information relevant to the definition of the geographical area of the census, required for automatic registration referred to in paragraph 2; b) the possibility of promotion or information update on 11 BDRE voters to whom is granted the voluntary registration in the voter registration and the interconnection, if necessary, with their information systems, for confirmation and validation of data entered; c) permanent access to up-to-date information of the corresponding census to their geographic area, allowing for their supervision and verification, as well as the printing of the electoral roll. 4-the SIGRE integrates information complete and up to date on the unequivocal link between zip codes, municipalities and census, on the basis of the communication of the data held or collected by Parish Councils or town halls, in relation to its geographical area. 5-the voters have access to your information, in order to ensure verification of the data relating to them and should be able to do so via the Internet. 6-With a view to ensuring a high level of protection for the processing of data and operations relating to the operation of the SIGRE and its interoperability with other information systems: a) shall apply the rules concerning the security of information provided for in article 18 of this law; b) the interconnection between the SIGRE and information systems with which interoperability must be ensured is exclusively done via dedicated lines and properly securizadas; c) is ensured compliance with regard to interaction with the SIGRE of rules, mechanisms and procedures which, in accordance with the law n° n° 7/2007, of February 5, guarantee the safety of the common services platform of the citizen card. Article 15 [...] 1-[...]: 12

a) […]; b) certificate, photocopy, authenticated computer record playback, as well as access via the Internet; c) […]. 2-recenseadoras committees have access to the information contained in your electoral universe BDRE, through the SIGRE. 3 - […]. Article 18 [...] 1-the BDRE, as well as the SIGRE, must comply with appropriate safety requirements that prevent the query, modification, destruction or amendment of data by unauthorized person to do so and to detect the improper access to information, including when there is data communication. 2 - […]. 3-recenseadoras committees shall take the necessary measures for the security of the information to which they have access by applying, mutatis mutandis, the procedures provided for in the preceding paragraph. 4 - […]. Article 19 [...] 1-responsible for and the BDRE SIGRE, under the terms and for the purposes of the law of personal data protection, is the managing director of DGAI. 2 - […]. Article 20 [...] the one who, in the performance of his duties, becomes aware of personal data registered in BDRE and SIGRE is thanks to professional secrecy, in accordance with the provisions of the law of protection of personal data. 13 article 21 [...] 1-it is recenseadoras commissions: a) Make entries that, by law, are made in person; b) Provide voter access to your data, in accordance with article 15; c) proceed to printing and issuing end of notebooks and electoral registration, on the basis of the data communicated by BDRE; d) Issuing voter certificates; Define geographical areas) and the census, in accordance with article 25; f) receiving and forwarding to the competent authority, the complaints relating to voter registration; g) provide information to voters about aspects related to voter registration; h) Publicise information about the organisation of the census. 2-recenseadoras foreign-based commissions competes still refer to DGAI, through the SIGRE, data relating to voter registration of citizens provided for in article 4 (a)) for insertion in BDRE. Article 25 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-the creation of new jobs and census the definition of their areas, 14 as well as the extinction of existing jobs is made in conjunction with the DGAI and announced:) [...]; b) […]. 6 - […]. Article 26 [...] 1-[...]. 2 - […]: a) [...]; (b)) in the autonomous regions, to the representative of the Republic; c) […].

3 - […]. 4 - […]. Article 27 [...] 1-Portuguese citizens and the Brazilians who have the status of equal political rights, over 17 years, resident in the national territory, are automatically enrolled in the electoral census, in corresponding to the address contained in the citizen card or, when this is not available, the civil identification system. 2-The Portuguese citizens over the age of 17 years, living abroad, promote your registration with recenseadoras consular district committees, in the country of residence, if it just any Embassy or the jurisdiction of the electoral consular posts shall be implementing Decree of census districts of the area of their residence. 15 3-foreign citizens over 17 years residing in national territory promote your entry in the recenseadoras entities corresponding to the domicile indicated in the valid title. 4-diplomats and diplomatic career employees can enroll on recenseadora Commission corresponding to the diplomatic post where exercising, on presentation of the title of national identification and proof of the location of Office, issued by the Ministry of Foreign Affairs. Article 29 [...] 1-[...]:) [...]; b) right to request information and to submit written complaints, protests and contraprotestos, the recenseadoras and DGAI committees, as the case may be, required to provide those and to receive these; c) [...]. 2 - […]. 3 - […].

Article 30 [...] the DGAI has functions of organization, coordination and general support of the voter registration. Article 33 [...] 1-the voluntary registration and attendance of nationals residing abroad and 16 foreigners residing in Portugal is carried out by the committees recenseadoras during normal operation of the entities in whose seats are installed. 2 - […]. Article 34 [...] 1-the inscription on the register is carried out automatically in accordance with paragraph 2 of article 3 of this law. 2 - […]. 3-the voters that promote your registration abroad identify themselves upon presentation of the citizen card or ID and certify their residence with this document or with a residence permit, issued by the competent authority of the country in which he is.

Article 35 Registration of voters with 17 years 1-citizens referred to in this section to complete 17 years are included in voter registration, passing the BDRE provisionally, provided that they are not covered by any other impediment to its electoral capacity, the information required for this purpose be obtained through common services platform and citizen card , as for those who have it, through information provided by the system of civil identification information. 2--citizens referred to in paragraph 1 who complete 18 years to the day of the election or referendum in the respective electoral roll. Article 36 1 enrolment-Shipment Competes recenseadoras entities refer to DGAI, through the SIGRE, 17 information concerning registrations. 2-the registration of non-national citizens, before the registration number, the EU, for the European Union, and ER, in the case of other foreign nationals. 3-abroad, it is up to the competent services of the Ministry of Foreign Affairs refer to DGAI, through the SIGRE, information concerning on-site registrations received. Article 37 [...] 1-When registration is not automatic, through the SIGRE, by filling out the following information: (a) camps) [...]; b) […]; c) […]; d) […]; e) […]; f) […];

g) [previous n)]; h) [previous g)]; I) Parish and municipality or country of residence as the civil identification or valid residence title issued by the competent authority; j) Address; l) consular District; m) Number and date of issue and date of expiry of the title for identification and valid title of residence, as appropriate; n) date, origin and type of communication the BDRE; 18 the) phone number, phone and email, since I obtained the consent of the owner. 2-Must still be completed, as appropriate, the following information: (a) camps) [...]; b) […];

c) […]; d) […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. Article 38 confirmation of registration information collected in accordance with the previous article is printed, through the SIGRE, and delivered to the voter for confirmation and signature. Article 39 entry Acceptance the acceptance of registration shall take effect only after their validation by BDRE. Article 40 [...] In case of doubt about the Portuguese citizenship or status of ownership equal political rights registration is conditional, being confirmed when, through the SIGRE, are taken by the Government Office of central records or the SEF the necessary steps for certification 19.

Article 41 [...] the voter registration can also be promoted by the Commission recenseadora, through the SIGRE, being confirmed subsequently by BDRE. Article 42 [...] the inscriptions made in Committee recenseadora based abroad, under the conditions provided for in the electoral law of the President of the Republic, shall be recorded in the notebooks of Census and the BDRE, with mention "elector of the President of the Republic". Article 42-information DGAI whenever in the course of the procedure of registration of citizens abroad be detected situations in which the constant place of residence of the citizen card or identity card does not coincide with the residence permit issued by the competent authority, the persons responsible for the Census jobs abroad are required to give the same knowledge through the SIGRE, DGAI. Article 46 [...] 1-modification of the elements of identification of voters is reported to the BDRE, through the SIGRE. 2 - […]. Article 47 20

[….] The change of residence to another division or rank of census involves the transfer in accordance with article following and the Elimination of the previous registration. Article 48 [...] 1-voters covered by article 4 promote the transfer to the recenseadora entity of the circumscription of the new residence, in accordance with article 37 2-the DGAI, through the SIGRE recenseadoras entities, where voters were previously entered information about deletions made in accordance with the previous article. Article 49 information concerning eliminations 1-the DGAI, through the SIGRE offers commissions recenseadoras the information of the following exclusions concerning their electoral universe: a) [...]; b) […]; c) […]; d) […]; e) […]; f) […]. 2-in the case of return for two consecutive times the envelopes containing ballot papers to voters registered to vote abroad, DGAI ceases automatically sending ballot papers until the elector notify of the new address. 3-In case of elimination of entry in the register, by any of the legally stipulated reasons, it is prohibited the inclusion of citizen data in BDRE 9:00 pm and its treatment by the SIGRE, in particular by interaction with information systems that carry out the management or update personal data. Article 50 [...] 1-In case of doubt about the active electoral capacity, DGAI prompts the Institute and notary fees, I.P. the necessary information. 2-the Central Records Registry sends the DGAI copy of Portuguese citizenship loss seats of citizens over the age of 17 years. 3-the general direction of the administration of Justice, the Ministry of Justice, sends the DGAI informing citizens that are deprived of their political rights by judicial decision which has become final, as well as the citizens who, finding themselves in this situation, complete 17 years. 4-the Institute of information technology in the Justice, I.P. communicates to the relationship of deceased citizens DGAI, as well as the citizens who complete 17 years. 5 - […].

6-in case if BDRE sign-up to voters aged greater than or equal to 105 years DGAI will confirm the timeliness of registration. 7-the proof referred to in the preceding paragraph is requested to the Commission recenseadora and can be made by means of citizen card or identity card, social security card or by declaration of two voters of the geographical unit, under rules of engagement. 8-Exhausted administrative demarches aimed at the investigation of the actuality of voter registration with 105 or more years, the 22 DGAI informs the voter intended to eliminate the inscription and, if there is no reply within 30 days, proceed to their elimination. 9-psychiatric institutions send the DGAI informing citizens that are interned, notoriously recognized as mentally ill, as well as the citizens who, finding themselves in this situation, complete 17 years. 10-the entities referred to in paragraphs 2, 3, 4 and 5 also communicate the DGAI any fact re-purchase determinants of active electoral capacity. 11-the DGAI, through the SIGRE, provide recenseadoras information on commissions to changes arising from the cases provided for in paragraphs 2, 3, 4, 8, 9 and 10 of this article. Article 51 [...] 1-[...]. 2 - […]. 3-if there is no response, the DGAI, in reasoned Act, decides the inscription that prevails. 4 - […]. 5-the information of eliminations determined by BDRE will be made available by the DGAI, through their recenseadoras commissions, SIGRE. Article 52 [...] 1-the notebooks of inventory shall be drawn up by the SIGRE based on information of the inscriptions BDRE constants. 2-there are so many books of census as required for each of them appear roughly 1000 voters. Article 53 23 [...] 1-[...]. 2-the notebooks are numbered and have a term of termination signed and authenticated by the committees recenseadoras. 3 - […]. Article 54 [...] 1-[...].

2-the DGAI, through the SIGRE ensures recenseadoras committees access to information about all changes referred to in the preceding paragraph and reasons. Article 56 [...] 1-in the month of February, the DGAI, through the issuance of SIGRE, Census books in electronic form, in order to allow your impression by recenseadoras commissions, for the purpose of consultation and complaint from interested parties during the month of March. 2-Exhausted the periods of complaint and appeal, recenseadoras, through the committees, shall send the SIGRE BDRE corrections. Article 57 [...] 1-Up to 44 days prior to the date the election or referendum, through the SIGRE DGAI, offers commissions recenseadoras listings of changes in terms of census. 2-recenseadoras committees, through the SIGRE, access to 24 listings provided for in the preceding paragraph and shall take the measures necessary for the preparation of your exposure. 3 - […]. 4 - […].

5-the DGAI, in collaboration with the recenseadoras committees, can promote, in conditions of safety, the possibility to query, by the holder to the information contained in the electoral roll that you respect, through computerized means, particularly through the Internet. Article 58 [...] 1-[...]. 2-the DGAI, through the SIGRE offers recenseadoras commissions the electoral roll in electronic form, to print and use in the election or referendum. 3-in the parishes where it is not possible to print from the electoral roll, the respective committees recenseadoras request your print to DGAI until 44 days prior to the election or referendum. Article 59 [...] in the case of referendum convened with less than 55 days in advance, the periods referred to in the preceding articles shall be amended as follows: a) to the 13th day after the call for the removal referred to in paragraph 1 of article 57; (b)) Of 14 to 16 days after the summons to the exposure referred to in paragraph 2 of article 57; 25 c) reduction to half, rounded by excess, above a day time limits referred to in paragraph 3 of article 57; d) [previous e)]; e) [previous f)]; f) [previous g)]. Article 60 [...] 1-During the periods of exposure, can any voter or political party complain, in writing, before the recenseadora of omissions or undue inscriptions such complaints be forwarded to DGAI on the same day, via more expeditiously. 2-in the case of complaints of improper registration, the Commission gives her immediately to the elector to answer, whether, within two days, should such a reply be posted on the same day the DGAI. 3-the DGAI decides complaints in the two following his presentation, immediately communicating his decision to the author of the complaint, the Commission recenseadora the post, immediately, in its headquarters or place of operation as well as census positions, if they exist. 4-determined to claim and exhausted the period of appeal, DGAI operates, when appropriate, the competent BDRE changes and communicate them to their recenseadoras commissions.

Article 61 26 [...] 1-DGAI decisions on complaints submitted to them appeal to the Court of the judicial district in which the Committee recenseadora. 2 - […]. 3 - […]. 4 - […]. Article 62 [...] The appeal must be lodged within five days after the posting of the decision or the decision by the DGAI District Court. Article 64 [...] 1-[...]. 2-[...]: a) the DGAI; b) […]. 3 - […].

Article 65 [...] 1-[...]. 2-the decision is immediately notified to the DGAI, the applicant and other interested parties. 3-If the Court's decision involves change in the census, the same reported to the DGAI, within one day, that transmits, through the SIGRE recenseadora to the Commission. 27 Article 103 [...] 1-electoral roll models referred to as well as other additional forms required for the management of the voter registration, are approved by order of the Member of Government responsible for internal administration, published within 30 days after entry into force of this law. 2-models and forms referred to in the preceding paragraph are obtained through the SIGRE.» Article 2 use scheme valid voter cards to the date of entry into force of this law shall remain in the possession of their owners and may not be used or requested otherwise for the purposes of electoral and referendum legislation.



Article 3 1 census update-the DGAI, in collaboration with other competent public entities, performs the necessary operations to, unofficially, integrate in Portuguese citizens BDRE residing in national territory holders of valid identity card, up to the date of entry into force of this Act, have not upgraded their registration in the voter registration, as well as to eliminate the records of those who have died or lost the ability to vote. 2-For the purposes of the preceding paragraph, BDRE, after the entry into force of this law, shall update the information on the identification of voters who were already through the interconnection with the information contained in 28 systems

civilian and military identification, in order to avoid, in particular, double entries, as well as the incorrect or incomplete data check relating to voters, and to its rectification. 3-the interconnection between the BDRE and the civilian and military identification systems is only as to the categories of data that, in accordance with the provisions of this law, must bear the BDRE. 4-interconnection referred to in the preceding paragraphs does not determine, in any case, changing the constituency voter registration, except those who have citizen's card, you are automatically entered in the constituency corresponding to the address referred to in paragraph b) of paragraph 1 of article 8 of law No. 7/2007, of February 8.

5-for the purposes of this article, the last shipment to DGAI recenseadoras committees of information contained in the registration entries, duplicate processes until the 30th day after the date of entry into force of this law by the DGAI subsequent procedures for validation and integration of information on BDRE. 6-after the integration of the information referred to in the preceding paragraph, the commissions recenseadoras check, before the DGAI and through the respective electoral universe SIGRE. 7-the organs of electoral administration promote adequate information and publicity of the operation referred to in paragraph 1 with the voters, for the purposes of complaint and appeal. Article 4 Standard set Are deleted articles 43, 100 and 101 article 5 1-Republishing is republished in annex to law No. 13/99 of 22 March. 2-references to the technical secretariat of the business to the 29 Electoral Process – STAPE in law No. 13/99 of 22 March unchanged standards in this law shall be deemed to be made to the electoral administration the DGAI, Ministry of Home Affairs. ' Article 6 entry into force 1-this law shall enter into force 30 days after its publication, without prejudice to the next paragraph.

2-the standard of article 1 that gives new wording to article 13 of law No. 13/99 of 22 March, shall enter into force on the day following publication of this law.

Seen and approved by the Council of Ministers of 5 June 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 1 ANNEX (referred to in article 5) VOTER REGISTRATION LAW law No. 13/99 of March 22 title I voter registration CHAPTER I General provisions article 1 General Rule the voter registration is unofficial , required, and only for all elections by direct universal suffrage and referendums, without prejudice to the provisions of paragraphs 4 and 5 of article 15 and 2 of Rule 121 of the Constitution of the Portuguese Republic. Article 2 Universality 1-voter registration covers all those who enjoy active electoral capacity. 2-the inscription on the register entails the presumption of active electoral capacity. Article 3 Oficiosidade and compulsory 1-all voters have the right to be registered and the duty to verify the entry in the register and, in case of error or omission, require correction.

2-all nationals, resident in the national territory, over 17 years, are automatically entered in the unofficial and database of voter registration, hereinafter referred to as abbreviated by BDRE, and the information necessary for this to be achieved on the basis of the common services platform of the citizen card. 2 article 4 willingness to volunteer for census: a) nationals living abroad; b) the citizens of the European Union, nationals of Portuguese State, resident in Portugal; c) nationals of Portuguese-speaking countries, resident in Portugal; d) Other foreign citizens resident in Portugal. Article 5 permanence and actuality 1-registration in the census have permanent effects and can only be cancelled in cases and under the conditions laid down in this law. 2-the census is updated through electronic means or otherwise, pursuant to this law, in order to correspond with present to the universe. 3-on the 60th day before each election or referendum, or on the day following that of convening a referendum, if it occurs in shorter period, and until its completion, the updating of voter registration, without prejudice to the provisions of the following paragraph of this article, paragraph 2 of article 35 and articles 57 et seq. of this law.

4-If the election or referendum be convened with at least 55 days in advance, can I still subscribe to the 55 day before polling day the citizens who complete 18 years to the day of the election or referendum. 5-the provisions of this article, in particular with regard to the interconnectivity of information systems, is applicable to nationals living abroad that if recenseiem voluntarily, in accordance with the following: a) the registration and treatment of data depends on the consent of the owner who must be guaranteed at the time of exercising the right to voluntary census 3 referred to in article 4; b) after voluntary registration, updating and consolidation of data is made, in general terms, by the interaction between the information system and management of the voter registration, hereinafter referred to as abbreviated by SIGRE, and appropriate information systems. Article 6 Unity the census is unique for all elections by direct universal suffrage and law clerks. Article 7 single no one can be registered more than once in the census. Article 8 census Districts Are census districts: a) on the national territory, the parish; b) abroad, depending on the cases, the consular district, the country of residence if it there is only the Embassy, or the electoral jurisdiction area of consular posts shall be implementing decree. Article 9 place of inscription in the register 1-the constituency of voters citizen card holders is the corresponding to the address referred to in point (b)) of paragraph 1 of article 8 of law No. 7/2007, of February 5. 2-the voters included in voter registration at the place of operation of entity recenseadora corresponding to the address indicated on the ID maintains its registration in the same constituency, unless having obtained citizen card, this bear different address. 4 3-voters provided for in point (a)) article 4 shall be entered in operating sites of the entity recenseadora corresponding to the residence indicated on the residence permit issued by the competent authority of the country in which he is. 4-foreign voters provided for in paragraph 1 (b)), c) and (d)) of article 4 shall be carried out their voluntary enlistment with the Recenseadoras or service Commissions of foreigners and borders, hereinafter referred to as abbreviated by SEF, getting registered in Census Division corresponding to the domicile indicated in the valid title. 5-The Brazilian citizens who, possessing the status of equal political rights, have voluntarily obtained citizen card are automatically registered in the constituency, BDRE corresponding to the address declared, using for this purpose the common services platform of the citizen card.


CHAPTER II organizational structure of the voter registration section I electoral registration database article 10 voter registration database 1-BDRE, constituted under law No. 130/97, of December 31, aims to organize and maintain permanent and current information concerning voters included in voter registration. 2-the BDRE is continually updated based on relevant information from the Civil Identification information system vis-à-vis citizens and integrated information system of the SEF, as foreign citizens resident in Portugal. 3-Are established between the BDRE and military identification systems the interactions necessary to ensure full compliance with the legal provisions governing registration operations and disposal of records pertaining to these citizens. 5 4-the BDRE validation of all information pursuant to paragraphs 2 and 3, ensuring the implementation of the principle of single registration set out in article 7 of this law. 5-the use of computerized procedures does not affect the fundamental rights of citizens enshrined in article 35 of the Constitution of the Portuguese Republic. Article 11 organization, management, monitoring and supervision of 1-the Organization BDRE, maintenance and management of BDRE and SIGRE, compete to the Directorate-General of internal administration, hereinafter referred to as abbreviated by DGAI. 2-the National Commission for Data Protection, hereinafter referred to as the CNPD, monitors and supervises the operations referred to in the preceding paragraphs. Article 12 content and BDRE interconnection scheme 1-the BDRE is constituted by the following personal identifying information of voters, reported by the respective national identification systems or the recenseadoras committees: a) registration number; b) Designation of the Commission recenseadora and or where registration is registered; c) full name; d) membership; e) date of birth; f) place of birth; g) sex; h) Parish and municipality or country of residence as the civil identification or valid residence title issued by the competent authority; I) Address; j) consular District; l) Number and date of issue and date of expiry of the valid title 6 and title ID valid residence permit, as the case may be; m) nationality; n) date, origin and type of communication the BDRE;

the) phone number, phone and email, since I obtained with the consent of the owner. 2-the BDRE must be communicated by the respective national identification systems or recenseadoras committees, as appropriate, the following information: (a) camps) to voters referred to in (c)) and (d)) of article 4, proof of valid residence permit minimum time of residence laid down in the electoral law of the organs of local authorities; b) mention of ' voter of the President of the Republic ' in the case of registrations effected in recenseadora Commission based abroad, in accordance with article 42; c) mention of the option made by EU non-national voters of the Portuguese State, in accordance with the provisions of paragraph 5 of article 37; d) information on the active electoral capacity; e) statement that holds the status of equal political rights; f) the option is made by Portuguese citizens registered to vote in European Union countries, in accordance with the provisions of paragraph 1 of article 44. 3-for the purposes of identification verification, elimination of improper registration, change of address, by death or by the detection of irregular situations, DGAI, in collaboration with competent public authorities, ensures the interconnection between the BDRE and other relevant information systems, which is carried out solely in terms of the categories of data referred to in this article and in accordance with the rules and procedures provided for in this Act.

7 article 13 information and Management System of voter registration 1-the information system and management of the voter registration ensures centrally within the BDRE, updating and consolidation of information that is contained in and the automatic registration of citizens, through proper interoperability with common services platform of the citizen's card, with the civilian and military identification systems of the citizens and with the integrated information system of the SEF. 2-the SIGRE:) Ensures the automatic management of the voter registration, based on its registration number and address constant of the systems referred to in the preceding paragraph; b) proceeds to the assignment of each elector in the constituency of census corresponding to the physical postal address of the place of residence registered in the systems referred to in the preceding paragraph; c) enlists the elector at the station corresponding to the respective registration division headquarters, when it is not possible to assign a specific registration, insufficient information concerning the residence; d) Enables the issuance by the DGAI electoral register in electronic form and its impression on the local level by the committees recenseadoras and, by default, by the municipalities; 3-through the SIGREweb module, the SIGRE ensures recenseadoras commissions: the Online Access to BDRE), for maintenance with topicality of information relevant to the definition of the geographical area of the census, required for automatic registration referred to in paragraph 2;

b) the possibility of promotion or information update on BDRE voters to whom is granted the voluntary registration in the voter registration and the interconnection, if necessary, with their information systems, for confirmation and validation of data entered; 8 c) the permanent access to up-to-date information of the corresponding census to their geographic area, allowing for their supervision and verification, as well as the printing of the electoral roll. 4-the SIGRE integrates information complete and up to date on the unequivocal link between zip codes, municipalities and census, on the basis of the communication of the data held or collected by Parish Councils or town halls, in relation to its geographical area. 5-the voters have access to your information, in order to ensure verification of the data relating to them and should be able to do so via the Internet. 6-With a view to ensuring a high level of protection for the processing of data and operations relating to the operation of the SIGRE and its interoperability with other information systems: a) shall apply the rules concerning the security of information provided for in article 18 of this law; b) the interconnection between the SIGRE and information systems with which interoperability must be ensured is exclusively done via dedicated lines and properly securizadas; c) is ensured compliance with regard to interaction with the SIGRE of rules, mechanisms and procedures which, in accordance with the law No. 7/2007, of February 5, guarantee the safety of the common services platform of the citizen card.


Article 14 right to information and access to data to any person duly identified, recognized the right to know the contents of the record or records in the database that you respect as well as to require the correction of the information contained therein and the filling of totally or partially omitted. Article 15 access to data Forms 9 1-the knowledge of the information on the voter registration data can be obtained by the following forms: a) written information; b) certificate, photocopy, authenticated computer record playback, as well as access via the Internet; c) Consultation of individual elements of voter registration. 2-recenseadoras committees have access to the information contained in your electoral universe BDRE, through the SIGRE. 3-The necessary constraints to enable access, provided for in paragraph 1, shall be defined by the electoral administration the DGAI, or recenseadoras by the committees, as appropriate, through binding opinion of prior CNPD. Article 16 data Communication 1-without prejudice to the exchange of information provided for in article 45 of this law, can be disclosed information contained in the BDRE forces and security services or the services and bodies of Public Administration and local government, when properly identified and to continuation of the tasks of the requesting services, in the case of cumulative checkpointing the following requirements :) there is obligation or legal authorization or consent of the CNPD; b) data are indispensable to the recipient for performance of their duties, provided that the purpose of the processing of the recipient is not incompatible with the purpose which determined the collection. 2-is the exclusive competence of the electoral administration the DGAI communication of the data referred to in the preceding paragraph. Article 17 information for statistical or research purposes is permitted the disclosure of data for statistical and research purposes of relevant public interest, upon the authorization of the person in charge of the BDRE, since that cannot be identified or identifiable people that respect data. 10 article 18 1 Safety-the BDRE, as well as the SIGRE, must comply with appropriate safety requirements that prevent the query, modification, destruction or amendment of data by unauthorized person to do so and to detect the improper access to information, including when there is data communication. 2-in order to ensure information security of BDRE, the services responsible for the collection, updating and processing of data must comply, inter alia, to the following rules: a) the entrance to installations used for the processing of personal data is subject to verification in order to prevent access to any unauthorized person;

(b)) The media are subject to verification in order to prevent what can be read, copied, altered or removed by any unauthorized person; c) inserting data is monitored to prevent the introduction, consultation, modification or deletion of personal data; d) The computerized data processing systems are monitored to prevent use by unauthorised persons by means of data transmission equipment; and) access to the data is checked to ensure that only persons authorised to have access to data relevant to the exercise of their statutory powers; f) transmission of data is checked to ensure that their use is limited to authorized entities; g) the introduction of personal data in computerised processing systems is checked to verify the full nature of the information, date and authorship. 3-recenseadoras committees shall take the necessary measures for the security of the information to which they have access by applying, mutatis mutandis, the procedures provided for in the preceding paragraph. 11 4-security systems adopted in accordance with the preceding paragraphs shall be subject to a prior opinion of the CNPD. Article 19 responsible for computerised files 1 and BDRE-responsible for and the BDRE SIGRE, under the terms and for the purposes of the law of personal data protection, is the managing director of DGAI. 2-the President of the Commission is responsible for the recenseadora computerized file of voters. Article 20 professional secrecy That that, in the performance of his duties, becomes aware of personal data registered in BDRE and SIGRE is thanks to professional secrecy, in accordance with the provisions of the law of protection of personal data. SECTION II recenseadoras Committees article 21 1 Racing-Racing recenseadoras commissions: a) Make entries that, by law, are made in person; b) Provide voter access to your data, in accordance with article 15; c) proceed to printing and issuing end of notebooks and electoral registration, on the basis of the data communicated by BDRE; d) Issuing voter certificates; Define geographical areas) and the census, in accordance with article 25; f) receiving and forwarding to the competent authority, the complaints concerning the 12 voter registration; g) provide information to voters about aspects related to voter registration; h) Publicise information about the organisation of the census. 2-recenseadoras foreign-based commissions competes still refer to DGAI, through the SIGRE, data relating to voter registration of citizens provided for in article 4 (a)) for insertion in BDRE. Article 22 Composition 1-recenseadoras committees are composed: a) on the national territory, by members of Parish Councils and integrating still a delegate designated by each political party with seats in Parliament, as well as other parties or groups of voters represented in the House of the parish; b) abroad, by career consular officers or, where these do not exist, by diplomatic officials, with the exception of Ambassador, and by a delegate appointed by each political party with seats in Parliament. 2-To the order indicated in paragraph 1, the Parties shall forward to the Committee Chairmen in the first recenseadoras 5 business 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 Assembly of parish, the names of their delegates, it being understood that without them if the do not indicate those deadlines. 3-the delegates of the groups of voters, indicated the periods referred to in paragraph 1, shall be appointed by and from among the elected elements to the parish Assembly. 4-for the purposes of paragraphs 2 and 3 the Parish Councils and diplomatic representations shall notify, as appropriate, political parties, civic associations and groups of voters with a minimum notice of 15 days. 13 Article 23 members of the committees 1 recenseadoras-can only be part of the recenseadoras citizens commissions with active electoral capacity recorded in the respective geographical unit of census. 2-Nobody can be part of more than one Committee or delegate recenseadora of political party or group of voters on Commission recenseadora that works with the entity it's employee or agent. 3-members of the recenseadoras committees appointed by political parties and groups of voters shall carry out their duties for one year, beginning on January 10, and can be replaced at any time. Article 24 each Committee is chaired recenseadora Presidency, as appropriate, by the President of the Parish Council, by the person in charge of consular post of career, by the charge of the consular section of the Embassy or by the employee of the diplomatic staff with largest category after the Ambassador. Article 25 operating Location 1-commissions recenseadoras work, as appropriate, in the seats of the Parish Councils, of the consulates, embassies or consular posts. 2-whenever the number of constituents or their geographical dispersion warrants, the Commission recenseadora opens registration stations, tended to coincide with polling stations, defining its area, identifying them by letters and naming their delegates.


3-the effective operation of these stations depends on Commission decision recenseadora, without prejudice to the allocation of voters to their geographical areas. 4-creating the commissions recenseadoras new jobs abroad and census the definition of your area, as well as their livelihood, depend on the possibility of integrating 14 by representatives of all the parties represented in the Assembly of the Republic, unless the non-representation of some of the parties arise from the lack of indication of its delegate. 5-the creation of new jobs and census the definition of their areas, as well as the extinction of existing jobs is made in conjunction with the DGAI and announced: a) on the national territory, by public notice posting style sites, up to December 31 each year; b) abroad, through the list published by the Government in the Official Gazette until 31 December of each year. 6-members of census stations have, in fulfilling their functions, the same powers of members of the committees recenseadoras. Article 26 appeals ready 1-registration of decisions concerning the creation or termination of census jobs can appeal within 10 days, at least 25 voters, on the national territory, or 5 voters, within 30 days, abroad. 2-resources are brought: a) on the Mainland, to the representative of the Government in the district; (b)) in the autonomous regions, to the representative of the Republic; c) abroad, to the Ambassador. 3-the resources are decided within five days and immediately notified recenseadoras commissions and the first of the applicants. 4-recenseadoras commissions and the applicants may appeal within 5 days, to the Constitutional Court, which decides in 10 days. Article 27 Registration of voters 1-Portuguese citizens and the Brazilians who have the status of equal political rights, over 17 years, resident in the national territory, are automatically enrolled in 15 voter registration, in corresponding to the address contained in the citizen card or, when this is not available, the civil identification system. 2-The Portuguese citizens over the age of 17 years, living abroad, promote your registration with recenseadoras consular district committees, in the country of residence, if it just any Embassy or the jurisdiction of the electoral consular posts shall be implementing Decree of census districts of the area of their residence. 3-foreign citizens over 17 years residing in national territory promote your entry in the recenseadoras entities corresponding to the domicile indicated in the valid title. 4-diplomats and diplomatic career employees can enroll on recenseadora Commission corresponding to the diplomatic post where exercising, on presentation of the title of national identification and proof of the location of Office, issued by the Ministry of Foreign Affairs.

SECTION III Collaboration with commissions recenseadoras article 28 cooperation of parish meetings 1-to pursue the work of census commissions recenseadoras may request the collaboration of the parish assemblies. 2-The parish assemblies shall designate, from among its members, which are necessary to ensure the cooperation provided for in the preceding paragraph. Article 29 rights of political parties and groups of voters 1-political parties and groups of voters shall enjoy, in respect of the electoral census, the following rights: 16 a) Collaborative Law, without prejudice to the functions of the committees themselves recenseadoras; b) right to request information and to submit written complaints, protests and contraprotestos, the recenseadoras and DGAI committees, as the case may be, required to provide those and to receive these; c) right to obtain computerized copy or photocopy of census books, since I put at your disposal the human and technical means and support their charges. 2-the cooperation of political parties and groups of voters through the citizens that these indicate recenseadoras commissions in the first five working days of the calendar year.

3-recenseadoras committees decisions relating to requests for information and complaints, protests and contraprotestos are made within two days and can the political parties and groups of voters to have recourse under articles 61 et seq. SECTION IV organization services and Bodies, coordination, management and support article 30 organization, coordination and general support functions, organisation got DGAI coordination and general support of the voter registration. Article 31 1-local coordination and support The municipalities have coordination and support functions of the operations of the voter registration in the area of the respective municipality. 2-abroad, coordination and support functions compete the ambassadors. CHAPTER III section I 17 census operations carrying out operations article 32 continuous Update on the national territory and abroad, enrollment operations, as well as the amendment and deletion of entries, for the purpose of updating the register, arising at any time, without prejudice to the provisions of paragraphs 3 and 4 of article 5.

Article 33 time and place 1-the voluntary registration and attendance of nationals living abroad and foreigners residing in Portugal is carried out by the committees recenseadoras during normal operation of the entities in whose seats are installed. 2-recenseadoras committees announce, by posting notices in places of style and, whenever possible, through the media of local or regional scope, the locations and opening hours. SECTION II Registration article 34 Promotion 1 registration-the registration in the census is carried out automatically in accordance with paragraph 2 of article 3 of this law. 2-foreign voters identify themselves through residence or, in the case of nationals of the European Union, by valid title. 3-the voters that promote your registration abroad identify themselves upon presentation of the citizen card or identity card and make sure your 18 residence with this document or with a residence permit, issued by the competent authority of the country in which he is.

Article 35 Registration of voters with 17 years 1-citizens referred to in this section to complete 17 years are included in voter registration, passing the BDRE provisionally, provided that they are not covered by any other impediment to its electoral capacity, the information required for this purpose be obtained through common services platform and citizen card , as for those who have it, through information provided by the system of civil identification information. 2-citizens referred to in paragraph 1 who complete 18 years to the day of the election or referendum in the respective electoral roll. Article 36 1 enrolment-Shipment Competes recenseadoras entities refer to DGAI, through the SIGRE, information concerning registration. 2-the registration of non-national citizens, before the registration number, the EU, for the European Union, and ER, in the case of other foreign nationals. 3-abroad, it is up to the competent services of the Ministry of Foreign Affairs refer to DGAI, through the SIGRE, information concerning on-site registrations received. Article 37 1-Subscription Content When registration is not automatic, through the SIGRE, by filling out the following information: (a) camps) registration number; 19 b) Designation of the Commission recenseadora and or where registration is registered; c) full name; d) membership; e) date of birth; f) place of birth; g) nationality; h) sex; I) Parish and municipality or country of residence as the civil identification or valid residence title issued by the competent authority; j) Address; l) consular District; m) Number and date of issue and date of expiry of the title for identification and valid title of residence, as appropriate; n) date, origin and type of communication the BDRE; the) phone number, phone and email, since I obtained the consent of the owner. 2-Must still be completed, as appropriate, the following information: (a) camps) to voters referred to in (c)) and (d)) of article 4, a valid residence permit, proof of minimum time of residence laid down in the electoral law of the organs of local authorities; b) mention of ' voter of the President of the Republic ' in the case of registrations effected in recenseadora Commission based abroad, in accordance with article 42;


c) mention of the option made by EU non-national voters of the Portuguese State, in accordance with the provisions of paragraph 5 of this article; 20 d) the option is made by Portuguese citizens registered to vote in European Union countries, in accordance with the provisions of paragraph 1 of article 44. 3-for the purposes of voter registration referred to in (c)) and (d)) of article 4 is done exclusively through the valid residence permit issued by the service of foreigners and borders, the Ministry of internal affairs. 4-When the inscription respect the foreign national, this must still submit formal statement, specifying: the) his nationality and his address in the country, which must be confirmed by the Commission recenseadora; b) If applicable, the electoral roll of the circle or locality of the country of origin in which his name was last entered; c) who is not deprived of the right to vote in the State of origin, except if this requirement the European Union nationals to register as voters only the bodies of local authorities. 5-in the case of the European Union's national voter of the Portuguese State express desire to exercise the right to vote in elections to the European Parliament, the formal declaration specifies that the only voter shall exercise this right to vote in Portugal and is not deprived of the right in the home Member State, being such option duly noted on BDRE. 6-the voters who want to change the option referred to in the preceding paragraph must declare it to the Commission, recenseadora that communicates the BDRE.

Article 38 confirmation of registration information collected in accordance with the previous article is printed, through the SIGRE, and delivered to the voter for confirmation and signature. Article 39 entry Acceptance the acceptance of registration shall take effect only after their validation by BDRE. 21 article 40 conditional acceptance In case of doubt about the Portuguese citizenship or status of ownership equal political rights registration is conditional, being confirmed when, through the SIGRE, are taken by the Government Office of central records or the SEF the necessary steps for certification. Article 41 Registration promoted by the Commission recenseadora the voter registration can also be promoted by the Commission recenseadora, through the SIGRE, being confirmed subsequently by BDRE. Article 42 Entries abroad entries made in Committee recenseadora based abroad, under the conditions provided for in the electoral law of the President of the Republic, shall be recorded in the notebooks of Census and the BDRE, with mention "elector of the President of the Republic.


Article 42-information DGAI whenever in the course of the procedure of registration of citizens abroad be detected situations in which the constant place of residence of the citizen card or identity card does not coincide with the residence permit issued by the competent authority, the persons responsible for the Census jobs abroad are required to give the same knowledge through the SIGRE, DGAI. Article 43 [Repealed] article 44 Census in countries of the European Union 22 1-Portuguese citizens that promote entry in the census in recenseadora Commission based in Member State of the European Union shall, in the Act of registration, make formal declaration on whether they vote for the members in the country of residence or in members of Portugal in elections to the European Parliament , being such option duly noted on BDRE. 2-voters who wish to change their option must declare it to the Commission, recenseadora that immediately communicates the BDRE. Article 45 exchange of information 1-the electoral administration the DGAI, in contact with the competent bodies of the other Member States of the European Union, exchange of information that allows the permanent correction and updating of the inventory of EU non-national voters of the Portuguese State residents in Portugal and Portuguese voters living in other Member States of the European Union in order uniqueness and registration of candidacy in elections to the European Parliament. 2-the exchange of information referred to in the preceding paragraph shall be made in the form and within the time limit. SECTION III Amendment, transfer and disposal of registration article 46 Amendment 1-identification any modification of the elements of identification of voters is reported to the BDRE, through the SIGRE. 2-in the case referred to in the preceding paragraph, the voter registration number is not changed. Article 47 removal change of residence to another division or rank of census involves the transfer in accordance with article following and the Elimination of the previous registration. 23 article 48 Registration Transfer 1-voters covered by article 4 promote the transfer to the recenseadora entity of the circumscription of the new residence, in accordance with article 37 2-the DGAI, through the SIGRE recenseadoras entities, where voters were previously entered information about deletions made in accordance with the previous article. Article 49 information concerning eliminations 1-the DGAI, through the SIGRE offers commissions recenseadoras the information of the following exclusions concerning their electoral universe: a) the entries of those who enjoy active electoral capacity stipulated in the electoral law; b) Registrations of the citizens who have lost the Portuguese nationality in accordance with the law; c) Registration of voters who have died; d) Registrations cancelled in accordance with article 51; and) the inscriptions of the voters who no longer reside in Portugal or in writing request, returning the voter card. f) entries from nationals abroad when doubly subscribed. 2-in the case of return for two consecutive times the envelopes containing ballot papers to voters registered to vote abroad, DGAI ceases automatically sending ballot papers until the elector notify of the new address. 3-In case of elimination of entry in the register, by any of the legally stipulated reasons, it is prohibited the inclusion of citizen data in the BDRE and his treatment by the SIGRE, in particular by interaction with information systems that carry out the management or update personal data. 24 Article 50 information relating to active electoral capacity 1-In case of doubt about the active electoral capacity, DGAI prompts the Institute and notary fees, I. P. the necessary information. 2-the Central Records Registry sends the DGAI copy of Portuguese citizenship loss seats of citizens over the age of 17 years. 3-the general direction of the administration of Justice, the Ministry of Justice, sends the DGAI informing citizens that are deprived of their political rights by judicial decision which has become final, as well as the citizens who, finding themselves in this situation, complete 17 years. 4-the Institute of information technology in the Justice, I.P. communicates to the relationship of deceased citizens DGAI, as well as the citizens who complete 17 years. 5-may recenseadoras committees, on the basis of suitable document with which to obtain on its own initiative or to be provided by any elector, proceed to the Elimination of death registration, communicating the BDRE immediately. 6-in case if BDRE sign-up to voters aged greater than or equal to 105 years DGAI will confirm the timeliness of registration. 7-the proof referred to in the preceding paragraph is requested to the Commission recenseadora and can be made by means of citizen card or identity card, social security card or by declaration of two voters of the geographical unit, under rules of engagement. 8-Exhausted administrative demarches aimed at the investigation of the actuality of voter registration with 105 or more years, the DGAI informs the voter intended to eliminate the inscription and, if there is no reply within 30 days, proceed to their elimination. 9-psychiatric institutions send the DGAI informing citizens that are interned, notoriously recognized as mentally ill, as well as the citizens who, finding themselves in this situation, complete 17 years. 10-the entities referred to in paragraphs 2, 3, 4 and 5 also communicate the DGAI any 25 facts determinants of active electoral capacity reinstatements. 11-the DGAI, through the SIGRE, provide recenseadoras information on commissions to changes arising from the cases provided for in paragraphs 2, 3, 4, 8, 9 and 10 of this article. Article 51-1 When multiple Entries are detected by BDRE, cases of multiple registration, prevails the latest registration, canceling the remaining. 2-If the entries have the same date, notifies the interested for that opt for one of them, within 20 days. 3-if there is no response, the DGAI, in reasoned Act, decides the inscription that prevails 4-it is not possible to ascertain the latest subscription, prevails the last communication to BDRE. 5-the information of eliminations determined by BDRE will be made available by the DGAI, through their recenseadoras commissions, SIGRE. SECTION IV article 52 census Preparation books 1-the notebooks of inventory shall be drawn up by the SIGRE based on information of the inscriptions BDRE constants. 2-there are so many books of census as required for each of them appear roughly 1000 voters.

Article 53 26 1-Organization The Census books are arranged by the order of the registration number. 2-the notebooks are numbered and have a term of termination signed and authenticated by the committees recenseadoras. 3-the numbering of the sheets of the books is sequential and continuous registration of notebook to notebook and only by Commission recenseadora or census. Article 54 1-Update the updating of notebooks is made, as the case may be: a) By insertion of the modification of the name of the voters; b) For deletion of entries which have been eliminated; c) For insertion of the modification of the postal address of voters when living abroad; d) By addition of new entries. 2-the DGAI, through the SIGRE ensures recenseadoras committees access to information about all changes referred to in the preceding paragraph and reasons. Article 55 Adaptation the notebooks are adapted through full transcript of the elements relating to registered voters on the rolls in existence, when being modified the geographical area of the Census Division or the census.


Article 56 the Census Query and extraction of copies 1-in the month of February, the DGAI, through the issuance of SIGRE, Census books in electronic form, in order to allow your impression by recenseadoras commissions, for the purpose of consultation and complaint from interested parties during the month of March. 27 2-Exhausted the periods of complaint and appeal, recenseadoras, through the committees, shall send the SIGRE BDRE corrections. Article 57 exhibition at the election period 1-Up to 44 days prior to the date the election or referendum, through the SIGRE DGAI, offers commissions recenseadoras listings of changes in terms of census. 2-recenseadoras committees, through the SIGRE, access to listings provided for in the preceding paragraph and shall take the measures necessary for the preparation of your exposure. 3-between 39 and 34 days before the election or referendum, are exposed in the offices of the commissions recenseadoras the listings referred to in the preceding paragraph, for purposes of consultation and complaint of the persons concerned. 4-complaints and resources pertaining to the display of listings referred to in the preceding paragraph shall be carried out in accordance with articles 60 and following. 5-the DGAI, in collaboration with the recenseadoras committees, can promote, in conditions of safety, the possibility to query, by the holder to the information contained in the electoral roll that you respect, through computerized means, particularly through the Internet.

Article 58 faithful Copies of the notebooks in election period 1-Exhausted the periods of complaint and appeal, the recenseadoras committees communicate the resulting corrections to BDRE within five days. 2-the DGAI, through the SIGRE offers recenseadoras commissions the electoral roll in electronic form, to print and use in the election or referendum. 3-in the parishes where it is not possible to print from the electoral roll, the respective committees recenseadoras request your print to DGAI until 44 days prior to the election or referendum. 28 article 59 duration period The Census books cannot be changed in the 15 days prior to any election or referendum. Article 59-the time limits in the case of referendum convened with less than 55 days in advance, the periods referred to in the preceding articles shall be amended as follows: g) until the 13th day after the call for the removal referred to in paragraph 1 of article 57; h) From 14 to 16 days after the summons to the exposure referred to in paragraph 2 of article 57; I) reduction to half, rounded by excess, above a day time limits referred to in paragraph 3 of article 57; j) Two days for the submission referred to in paragraph 1 of article 58; k) until the 13th day after the summons to issue tender documents referred to in paragraph 3 of article 58; l) five days to the period of duration referred to in article 59. Section V and article 60 1-Complaint resources during periods of exposure, can any voter or political party complain, in writing, before the recenseadora of omissions or undue inscriptions such complaints be forwarded to DGAI on the same day, via more expeditiously. 2-in the case of complaints of improper registration, the Commission gives her immediately to the elector to answer, whether, within two days, and 29 also such a response be sent, on the same day the DGAI. 3-the DGAI decides complaints in the two following his presentation, immediately communicating his decision to the author of the complaint, the Commission recenseadora the post, immediately, in its headquarters or place of operation as well as census positions, if they exist. 4-determined to claim and exhausted the period of appeal, DGAI operates, when appropriate, the competent BDRE changes and communicate them to their recenseadoras commissions.

Article 61 the competent court 1-DGAI decisions on complaints submitted to them appeal to the Court of the judicial district in which the Committee recenseadora. 2-in the case of action brought against Commission decision recenseadora abroad, the Court of the District of Lisbon. 3-in the courts where there is more than one judgment, the distribution on the day of entry of the application in accordance with the common procedural law. 4-the decisions of the District Court appeal to the Constitutional Court. Article 62 Period the appeal must be lodged within five days after the posting of the decision or the decision by the DGAI District Court. Article 63 1 Legitimacy-Have legitimacy to appeal the voters claimants, as well as the political parties. 2-political parties and groups of voters with seat in 30 local agencies considered to be rightfully represented by their delegates on the Commission recenseadora. Article 64 Filing and processing 1-the application of appeal, in its essentials, is delivered to the clerk of the Court together with all the evidence. 2-the court orders to notify immediately to respond, wanting, joining all the evidence within two days: a) the DGAI; b) the elector whose entry is considered, by the applicant, if that is the case. 3-Any political party or group of voters with seat in local self-government bodies can also respond, willing, within the time limit set in paragraph 2. Article 65 1-Decision the Court definitely within four days of the filing of the appeal. 2-the decision is immediately notified to the DGAI, the applicant and other interested parties. 3-If the Court's decision involves change in the census, the same reported to the DGAI, within one day, that transmits, through the SIGRE recenseadora to the Commission. SECTION VI supplementary Operations article 66 and Guard electoral administration is responsible for conservation of the DGAI recenseadoras commissions and the guard and conservation of documents pertaining to census operations. 31 article 67 number of voters enrolled in day 1 March each year the electoral administration the DGAI publishes, in the second series of the Diário da República, the number of voters enrolled in the electoral census by Census Division, in accordance with the provisions of article 8 thereof. Article 68 certificates and census data must be passed by the committees recenseadoras, within three days, at the request of any interested party, the certificates relating to voter registration. Article 69 Exemptions are exempt from any taxes, fees, stamp duty and tax, as appropriate: a) the certificates referred to in the previous article; b) all documents intended to instruct any claims or resources provided for in this law; c) the proxies for use in forensic claims and resources provided for in this law, and the same specify processes for which they are intended.



32 CHAPTER IV section I registration finance costs of the Census census Costs article 70 expenditure of voter registration charges resulting from their preparation and implementation. Article 71 1-expenditure the expenditure of the census are local or Central. 2-the local expenditure carried out at the level of the geographical unit of census by local or consular organs or by any entity because of the census. 3-Central charges expenditure which are not provided for in the preceding paragraph, are because of the census, undertaken: a) directly by the DGAI electoral administration; b) By other entities recognized scope, in particular by the central Ministry of Foreign Affairs.


SECTION II payment of expenditure article 72 1 costs-the costs of locally will be met: 33 a) performed on the continent, in the autonomous regions of the Azores and Madeira, the appropriations entered in the budget of local authorities, by transfer from the State budget, with the exception of carried out by other entities in the exercise of competence or without previous assent of those , which will be supported by them; b) those carried out abroad, for their recenseadoras commissions, through the appropriations entered in the budget of the Ministry of Foreign Affairs. 2-The central scope costs will be met through the budget of the electoral administration the DGAI. Article 73 overtime 1-the execution of tasks in the scope of work of census by individuals linked by any title to the Public Administration does not give right to special remuneration. 2-When, by requirement of service, work on the preparation or implementation of the inventory must be run in addition to the normal operating period, there may be place the remuneration for overtime in accordance with current legislation. 3-recourse to overtime work should be limited to what is strictly necessary. Article 74 allocation of tasks 1-tasks are assigned, under the census work, the entities that are not part of the public administration, may be the remuneration to the extent of the work done. 2-the use of task assignment in accordance with the provisions of the preceding paragraph shall be limited to the essential. TITLE II chapter I 34 census Illicit general principles Article 75th competition with more serious crimes the penalties imposed in this Act does not exclude the application of other more serious for any crime provided for in criminal law. Article 76 aggravating circumstances Constitute aggravating circumstances of tort concerning voter registration: a) Influence the infringement on the outcome of the vote; b) Be the infringement committed by staff of the electoral administration; c) Be the offence committed by members of the Commission recenseadora; d) Be the infringement committed by candidates, political parties or elected delegates not covered in (c)). Article 77 disciplinary Responsibility the offences referred to in this law also constitute disciplinary fouls when committed by employees or agents of the public administration, central, regional or local subject to disciplinary liability. Article 78 accessory Penalty of dismissal to commit crimes relating to the census by a public official in the performance of their duties can match, regardless of the extent of the penalty, the penalty of dismissal accessory, where crime has been practiced with blatant and serious abuse of functions or with manifest and serious breach of the duties attached to them , the gravity of concrete fact. CHAPTER II penal Provisions section I 35 Illicit General Article 79 Punishment of trying to attempt is punishable. Article 80 accessory Penalty of suspension of political rights for crimes relating to the census can match, in addition to the penalties specifically provided for in this law, hanging accessory penalty of six months to five years, of the rights embodied in articles 49, 50, 52, paragraph 3, 124, paragraph 1 and 207 of the Constitution, aware of the fact that gravity concrete.

Article 81 procedure for Prescription of criminal offences relating to voter registration shall become statute-barred within three years after the practice of fact or one year of knowledge of the fact punishable. Article 82 of the Constitution political parties as any political party legally existing wizards can become Assistant in criminal offences relating to the census carried out in the area of the constituency in which there are presented candidates in the last elections for the Assembly of the Republic. SECTION II Crimes relating to voter registration Article 83 registration 36 1 intentional Promotion-Who promote their entry in the register without having electoral capacity is punished with imprisonment up to 6 months or with a fine penalty up to 60 days. 2-Who promote your registration in constituency diverse registration corresponding to the area of constant residence identity card or residence permit is punishable by imprisonment up to 1 year or with a fine penalty up to 120 days.

Article 84 obstruction of entry Who, by violence, threats or fraudulent intent to induce a voter to not promote their registration in the voter registration or to promote your entry off the Census Division of area of your residence is punished with imprisonment up to 2 years or with a fine penalty up to 240 days. Article 85 obstruction of detection or not eliminating multiple entries Who obstruct the detection of multiple registrations or doesn't comply with the provisions of paragraph 3 of article 48 and paragraph 5 of article 51 is punished with imprisonment up to 2 years or with a fine penalty up to 240 days. Article 86 fake medical certificate the doctor who wrongly, pass certificate of disability, to the effect of the provisions of paragraph 2 of article 38, is punished with imprisonment up to 6 months or with a fine penalty up to 60 days. Article 87 Violation of duties relating to the entry in the register 1-are punished with imprisonment up to 1 year or with a fine penalty up to 120 days the members of committees that: recenseadoras) refusing to sign up for a voter census there is promoted to his 37 registration; b) to entry or improper transfer an elector in the register; c) Eliminate improperly an elector in the census.

2-the members of the electoral commissions and administration recenseadoras that refuse to make deletions to which they are bound by unofficial this law are punished with imprisonment up to 1 year or a fine penalty up to 120 days. 3-negligence is punishable by fine up to 120 days. Article 88 Violation of duties relating to files and notebooks of census members of electoral administration, as well as the members of the commissions, which do not recenseadoras according to the stipulated in this law, in relation to the preparation, organization, correction and updating of the voter file and the preparation of contract documents, census, are punished with imprisonment up to 6 months or with a fine penalty up to 60 days. Article 89 falsity of formal declaration the citizen elector abroad to provide false statements in the document provided for in paragraphs 4 and 5 of article 37, for entry in the register, is punished with imprisonment up to 6 months or a fine penalty up to 60 days. Article 90 False voter card Who, with fraudulent intent, to modify or replace the voter card is punished with imprisonment up to 6 months or a fine penalty up to 60 days.

38 article 91 failure to comply with the duty to provide information to The Census effect responsible for sending the citizens provided for in article 50 that do not comply with its obligation shall be punished with imprisonment up to 6 months or a fine penalty up to 60 days. Article 92 Falsification of census books Who by any mode change, fix, replace or delete the notebooks of census is punished with imprisonment up to 3 years or fine penalty up to 360 days. Article 93 Impediment to verification of registration in the Census Commission members recenseadora that do not expose them copies of notebooks or impede the registration that the citizens see the legal deadline laid down are punished with imprisonment up to 6 months or with a fine penalty up to 60 days. Article 94 Refusal or falsification of birth certificates census commissions recenseadoras members who refuse the passage of the voters registration certificates that are enrolled or have fake certificates are punished with imprisonment up to 6 months or a fine penalty up to 60 days.

CHAPTER III illicit mere social ordering section I General provisions Article 39 95 bodies it is the Town Hall of the area where the alleged infringement has been committed to apply their fine, with appeal to the competent court. SECTION II administrative offences Article 96 1-Refusal of registration Who, in order to prevent their entry in the register, refuse the padding or the signature of the entry or the affixing him to fingerprint is punishable by a fine of 25 to 100 000 $000$. 2-the Member of the Commission recenseadora that does not promote its own entry in the register of citizens with electoral capacity is punished by fine of 50 000 to 100 000 $ $. Article 97 non-return of voter card who does not return the voter card, in cases provided for by law, is punishable by a fine of 10 000$ the $20,000.


Article 98 negligent Breach of duties of members of electoral administration and commissions recenseadoras The employees and agents of electoral administration and the members of the committees recenseadoras which negligently fails to proceed, in the manner prescribed in this Act, the preparation, organisation, rectification or recast the product inventory are punished with fines of $100 000 to 200 000 $. TITLE III transitional and final provisions Article 40 99 computer Legislation applicable to computer crimes provided for in this law applies the provisions in laws Nos 67/98 of 26 October (law of protection of personal data), and 109/91, of 17 August (computer crime law), and, in the alternative, the provisions of the Penal Code. Article 100 [Repealed] article 101 [Repealed] article 102 recenseadoras Commissions the members of commissions appointed by political parties recenseadoras in Office on the date of entry into force of this law shall remain in Office until they are replaced in accordance with paragraph 2 of article 22.

Article 103 1 census models-models of the electoral roll, as well as other additional forms required for the management of the voter registration, are approved by order of the Member of Government responsible for internal administration, published within 30 days after entry into force of this law. 2-models and forms referred to in the preceding paragraph are obtained through the SIGRE. Article 104 Revocation Are repealed the laws Nos 69/78, of 3 November, 72/78, of 28 December, 4/79, of 10 January, 15/80, of 30 June, 81/88, of 20 July, 3/94, of 28 February, 50/96 of 4 September and 19/97 of 19 June.