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PROPOSED LAW NO. 164 /X

EXERCISE OF THE RIGHT TO VOTE FOR THE ELECTION OF THE ASSEMBLY

LEGISLATIVE OF THE AUTONOMOUS REGION OF WOOD BY THE

CENSUS ELECTORS IN THE AUTONOMOUS REGION OF WOOD,

SHIFTED FROM YOUR CENSUS AREA ON THE DAY OF THE ACT

ELECTION THROUGH EARLY VOTE AND VOTE BY MEANS

ELECTRONIC

Past more than 30 years of Democracy, limitations still remain to the

exercise of the right to vote by the public voters census in the Regions

Autonomous ones which, for varying reasons of a temporary nature, are prevented from voting

to the extent that, on the day of the electoral act, they are shifted in the territory of the Mainland

or in the other Autonomous Region. The huge injury arising out of political participation

of the citizens, which translates into these cases in an involuntary abstention, with the

consequent dismotivation and disinterest in political issues, requires the creation of

means that allow the exercise of the right to vote to all voters, under conditions of

equality, regardless of where they are on the day of the electoral act. With

Effect, the political participation of citizens constitutes a basilar principle in the

Democracy, representing the exercise of the right to vote, the manifestation of free

wishes of the citizens in the choice of their representatives, which cannot be put on

cause only by an obstacle of a geographical nature.

The constitutional consecration of political participation, as a condition and

fundamental instrument of consolidation of the democratic system, took on even more

force with the Constitutional Review 1997 that, in the new wording to Article 109º,

has established the constitutional obligation to promote equality in the exercise of the

civic and political rights.

The consecration of early voting in the Election Act for the Assembly

Legislative of the Autonomous Region of Madeira, through the Organic Law No. 2/2001, of 25

of August, it came to allow democratic participation, provided for in other electoral acts

but until then unenabled, to specific professional groups, military, agents of

internal security forces and services, maritime and aeronautical workers, and still

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electors in internment regime in hospital setting and impossibile

of shifting, as well as non-private inmates of political rights. The aforementioned law came

also establish the early voting for voters who officially represent the

national selections, organised by sports federations endowed with public utility

sports, which find themselves displaced abroad in sporting competitions.

In fact, the right of sporting participation cannot undermine the

exercise of a civic right, and at the same time, the right of suffrage cannot

harm the exercise of other rights. Subsequently, the Organic Law No. 3/2004 of 22

of July came to allow early voting for students of the census higher education

in the Region and to study in the Mainland or the Autonomous Region of the Azores, breaking,

so, an impediment in the participation of the democratic life of these voters, how about

how much others, on grounds of a temporary nature, are prevented from exercising the

your right to vote.

Early voting bylines the reinforcement of the mechanisms of

democratic participation, but an insufficient and ineffective solution has been revealed, such

as it was found in the last electoral act, with anomalies in the procedure arising

of delay situations in the mail, which resulted in the extemporaneous delivery to the

polling stations of the overs containing the votes of the students.

In the face of the results of law enforcement and by imperatives of nature

constitutional, it is necessary to create an alternative solution through the implementation of the

electronic voting, in full use in many countries and with results of success in the

presential electronic voting experiences, with non-binding character, carried out in

Portugal in the European elections in 2004 and in the legislative elections in 2005, where

was also held for the first time the non-presential electronic voting experience,

for Portuguese voters enrolled in the international circles of Europe and outside the

Europe.

In this follow-up, the Legislative Assembly of the Autonomous Region of the

Timber submitted a proposal for a law to the Assembly of the Republic (Proposal for a Law No.

29 /X), for the implementation of the electronic vote for citizens census electors

in the Region and displaced on the day of the election act on grounds of health, study, training,

stage and sport participation. However, recognizing that the motive cannot be

limiting, should be solely considered the situation of the voter to be found to be displaced,

and thus, means must be secured for the exercise of the right to vote in

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conditions of equality, to the universe of voters census in the Autonomous Region of the

Wood, which find themselves shifted on the day of the electoral act, either through the vote

anticipated, either through the electronic vote.

In fact, in the face of the technical difficulties still existing for the

institutionalization of the electronic vote and until its full implementation, it is indispensable

early voting, but simplifying its procedure, including the dispensation of

document delivery proving grounds justifying, being sufficient to

statement by the voter himself, who in addition to aiming to exercise his right, wants to comply

their civic duty. In this measure, in the early vote or in the electronic vote, it is not up to

to the State to scrutinise the reason for the displacement, but to guarantee the regularity of the

census notebooks and the regularity of the voting process of voters.

The electronic vote allows the elector citizen to exercise his or her right to

suffrage more effectively and concocted, and to that extent is also a contribution in the

combat the abstention. In addition, it confers greater speed on voting operations and

clearance, assuming a high degree of importance in the process of innovation and

simplification of electoral processes in the Age of the Electronic Government.

In these we have, the electronic vote should be a reality for the generality

of the voters, presenting themselves as an indispensable mechanism in the plan of the

mobility of citizens, not least in the case of Autonomous Regions, listening to the

geographical reality and the need to guarantee equality in the exercise of rights

civics and politicians among all voters.

Thus:

The Legislative Assembly of the Autonomous Region of Madeira, pursuant to the

(f) of Article 227º (1) of the Constitution and paragraph 1 (b) of Article 37º (1) of the

Political Status--Administrative Region of the Autonomous Region of Madeira, passed by the Law

paragraph 13/91 of June 5 with the amendments made by Law No 130/99 of 21 of

August and No 12/2000, of June 21, presents to the Assembly of the Republic as follows

proposed law:

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Article 1º

The Electoral Law for the Legislative Assembly of the Autonomous Region of the

Wood approved by the Organic Law No. 1/2006, of February 13, is amended in the

terms of the following articles.

Article 2º

Article 84º (2) of the Election Act for the Legislative Assembly of the

Autonomous Region of Madeira is replaced by the following:

" 2-Can still vote in advance for census voters in the

Autonomous Region of Madeira that are shifted on the day of the electoral act,

in the Continent or the Autonomous Region of the Azores. "

Article 3º

Article 87º of the Electoral Law for the Legislative Assembly of the Region

Autonomous of Madeira shall be replaced by the following:

" Article 87º

Mode of exercise of the right to vote by census electors in the Autonomous Region of the

Wood but shifted on the day of the election act

1-Any voter who finds himself in the situation provided for in paragraph 2 of the

article 84º is addressed to the mayor of the municipality in whose area if

finds census, up to the 20º day before that of the election, identifying itself

via identity card and indicating your enrolment number in the

census and manifests its willingness to exercise in advance the

right to vote.

2-The mayor of the municipality in which the voter finds himself

census, up to the 16º day before that of the election, via registered mail

with notice of receipt, proceeds as follows:

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a) Enroute to the president of the municipality where the voter finds himself

dislocated, the documentation necessary for the exercise of the right

of voting, as well as the nominal ratio of voters who

intend to vote in advance;

b) Informs the voter of the location of the voting assembly where

you will be able to exercise your right to vote, by any means

effective.

3-A voting takes place on the 10º day before that of the election, among the

8h00 and the 19h00, under the responsibility of the mayor of the

municipality or councillor by it designated, by complying with the following:

a) The chairman of the city hall or the designated councillor

delivery to the voter, duly identified, a bulletin of

vote and two envelope, one of white color, intended for

receive the ballot paper and another of blue color intended for

receive the previous;

b) The voter fills out the bulletin, under conditions that guarantee the

secret of voting, doubling it in four and introducing it in the

white-colored envelope that closes properly;

c) The white colour envelope is introduced in a other one of colour

blue, which is lacquered and signed on the reverse in a readable form

by the president of the city hall and the voter.

4-On the 9º day before the election day, the mayor

municipal sends the blue color envelopes to the freguesia joint where the

voter is census, by the insurance of the mail on express service.

5-A freguish joint delivers by own hand the votes to the president

from the table of the voting assembly until 8 a.m. of the day scheduled for

the elections.

6-Applies to the provisions of paragraphs 7 and 8 of Article 85º. "

Article 4º

A new Article 87º-A is added with the following wording:

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" Article 87º-A

Electronic voting

1-Any census voter in the Autonomous Region of Madeira that

find yourself dislocated on the day of the election act, on the territory of the Mainland or

in the Autonomous Region of the Azores, is addressed to the mayor of the

municipality in whose area it is census, up to the 15º day prior to the

election, manifesting its will to exercise the right to vote by means

electronic, identifying itself via identity card and indicating the

your enrolment number in the census.

2-The mayor of the municipality in which the voter finds himself

census, through registered mail with notice of receipt, up to the 10º

day prior to that of the election, proceeds as follows:

a) Enroute to the president of the municipality where the voter finds himself

shifted, the required documentation including the relation

nominal of voters who intend to vote by means

electronic;

b) Informs the voter as to the location of the Assembly of voting

where you will be able to exercise your right to vote, by any means

effective.

3-A voting takes place on the day of the electoral act, among the 8h00 to the

19h00, before the polling assembly stands out for the purpose, being

ensured at the very least a polling assembly in the district or island where the

voter finds itself shifted.

4-Applies the provisions of paragraph 8 of Article 85º. "

Article 5º

A new Article 164º-A is added with the following wording:

" Article 164º-A

Deviation from early voting

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The one who excerpates, retains or does not deliver the documentation for the

exercise of the early vote or the envelope containing the ballot paper,

in the cases provided for in the law, it is punish-punished up to 2 years or with

penalty of fine up to 240 days. "

Article 6º

1-The process inherent in the exercise of the right to vote by electronic means

is free of cost.

2-The electronic vote shall replace the early vote as soon as they are

created the technical conditions for this.

Article 7º

This diploma shall come into force on the day following that of its publication.

Approved in Plenary Session of the Legislative Assembly of Madeira, in 16

of October 2007.

THE PRESIDENT OF THE LEGISLATIVE ASSEMBLY OF WOOD,

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José Miguel Jardim d' Olival de Mendonça