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DRAFT law No. 562/X amendments to the ELECTORAL LAW of the ASSEMBLY of the REPUBLIC the explanatory memorandum 1. The Constitution of the Portuguese Republic states that the exercise of political power by the people play by "universal suffrage, equal, direct, secret and periodic" and the other forms contained therein. The suffrage, and the rules that the structure is an essential instrument of appointment of holders of political office and hence its decisive importance in the functioning of democracy. The draft law to present, with this initiative, aims to regulate the election of members of the Assembly of the Republic to ensure the presence of the Portuguese residents voting abroad.
However, the Organization of the electoral process abroad is regulated in autonomous degree since 1976, in particular with regard to the election for the Assembly of the Republic, mostly by the standards laid down in disciplined Decree-Law No. 95-C/76, of 30 January. We understand, however, that this empowerment is not justified, not only because the Census regulatory laws and elections to the Assembly of the Republic change most articles of this diploma, but above all, because we believe that the legislative elections outside the national territory shall take place by vote in person and not of voting by correspondence. The forecast of the Organization of the electoral process abroad in autonomous degree only was warranted, so far, by the duality of existing situations, which established the principle of personhood 2 vote in national territory and allowed voting by correspondence abroad. Thus, the draft law introduces himself, to extend the vote Portuguese voters face-to-face residing outside national territory, let entirely to justify the existence of a diploma for voters living abroad. To establish if the vote in person outside the national territory, ensure full form essential feature of the right to vote which is your personal exercise, reinforcing the protection of constitutional imperatives of personhood and secrecy of your workout. In fact, this solution meets the legal framework already stipulated in the electoral law of the President of the Republic, which introduced the vote in person in and out of the country in the presidential elections.
2. The Constitution of the Portuguese Republic determines in its article 49, paragraph 2, the principle of "personhood" of the vote, which translates to the fact that the exercise of the right of suffrage to be non-transferable and guaranteed not to representation or proxy to be exercised by the holder and result from the direct manifestation of the will of the voter, without any intervention of the will of others. In this way, is this constitutional principle that the rule should be that of the presencialidade, allowing only in exceptional situations his removal. This is because the only vote in person attests that the elector who makes the choice of the applicant, guarantees the non-intervention of will of others in the electoral process and ensures the secrecy of the vote.
Thus, and in order to ensure the exercise of this right, with the same reliability, transparency and rigor, inside and outside the national territory, it is anticipated that the vote is face-to-face and start on the second day prior to scheduled for election in national territory. Widens the possibility of early voting electors listed in the national territory and displaced abroad, such as military, militarized and civil agents integrated into peacekeeping operations, military-technical cooperation or equivalent; doctors, nurses and other integrated citizens on humanitarian missions, as such recognized by the Ministry of Foreign Affairs;
3 researchers and scholars in universities or equivalent, as such recognized by the competent Ministry; colleges, students under exchange programmes; as well as the voters spouses or assimilated, relatives or the like that live with voters mentioned in the preceding paragraph.
Under the constitutional provisions and regulations applicable, the undersigned, members of the parliamentary group of the Socialist Party, present the following draft law: article 1 amendments to law No. 14/79, May 16 articles 20, 25, 41, 43, 47, 48, 79, 79-95, 107 and 108 of law No. 14/79, of 16 may, with the amendments introduced by law No. 8/81 , June 15, by law No. 28/82 of 15 November, by law No. 14/85, of 10 July, by Decree-Law No. 55/88, of 26 February, by law No. 5/89, of 17 March, by law No. 18/90, of 24 July, by law No. 31/91, of July 20, by law No. 55/91 , August 10, by law No. 72/93, of 30 November, by law No. 10/95 of 7 April, by law No. 35/95, of 18 August, the Organic Act No. 1/99, of 22 June and by organic law No. 2/2001, of August 25, shall be replaced by the following:% quot% article 20 [...] 1. […] 2. Abroad, voting starts on the second day before the scheduled for election in national territory and closes that day.
4 3. Abroad, the vote takes place between 8 and 19 local time, competing in the polling station, with the collaboration of the delegates of candidates, ensuring the conditions for freedom of vote during the three days of voting and their interruptions, as well as the sanctity of the ballot boxes, which are sealed at the beginning of the electoral operations.
Article 25 [...]
1. candidates of each list shall designate from among themselves or from among registered voters within their circle representative to represent them in the operations pertaining to the trial of eligibility and subsequent operations, and may in the case of the circles of voters living abroad be indicated a voter registered in the national territory. 2. […]
Article 41 [...] 1. […] 2. Abroad, the polling stations together in accordance with paragraphs 2 and 3 of article 20.
Article 43 [...] 1. […]. 2. […]. 3. in the case of polling stations that operate abroad, the jurisdiction referred to in paragraph 1 is made by the President of the Commission recenseadora.
5 article 47 [...] 1. […]. 2. […]. 3. […]. 4. […]. 5. […]. 6. […]. 7. […]. 8. in the case of polling stations that operate abroad, the powers vested in the Mayor means assigned to the Chairman of the Commission recenseadora. 9. in the case of polling stations that operate abroad, the notice referred to in paragraph 4 is posted at the door of the place where the same meet on election day, being excused the participation referred to in paragraph 6.
Article 48 [...] 1. […]. 2. […]. 3. […]. 4. […]. 5. […]. 6. Abroad, identical right is assigned to the members of the Bureau serving in entities or national official services.
6 article 79 "personhood" and 1 vote presencialidade. The right to suffrage is exercised directly by the voter. 2. […] 3. […] 4. Abroad, will only be admitted to vote the voter registered in the electoral roll within the post or consular section of the locality where it resides.
Article 79-the [...]
1. […] 2. Can I still vote in advance the following electors listed in the national territory and displaced abroad: the Military, militarized and agents) civilians in peacekeeping operations, military-technical cooperation or equivalent; b) Doctors, nurses and other integrated citizens on humanitarian missions, as such recognized by the Ministry of Foreign Affairs; c) researchers and scholars in universities or equivalent, as such recognized by the competent Ministry; d) colleges, students under exchange programmes. 3. They can also vote in advance the voters or treated as spouses, relatives or the like that live with voters mentioned in the preceding paragraph. 4. [previous paragraph 2] 7 5. [previous paragraph 3]
Article 95 [...] 1. […]. 2. […]. 3. […]. 4. […]. 5. […]. 6. […]. 7. […]. 8. in the case of polling stations that gather outside national territory, the powers assigned to the Mayor in the preceding paragraph shall be construed recenseadora deferred to the President of the Commission.
Article 107 [...] 1. The establishment of the results of the election in each constituency and the proclamation of the elected candidates compete an Assembly general qualifying, which starts its work at 9:00 of the day after the election, for the purpose designated by the civil Governor or, in the autonomous regions, at the place designated for that purpose by the representative of the Republic. 2. In the case of the circles of voters living abroad the operations referred to in the preceding paragraph begin at 9:00 of the fifth day subsequent to that of the election meeting the General qualifying assemblies in place designated by the Ministry of internal affairs.
8 article 108 [...] 1. […] 2. qualifying meetings of voters residing abroad, the President of the Assembly is a judge of the Civil Courts of the District of Lisbon; the two math teachers should teach in the municipality of Lisbon and the Presidents are replaced by electors appointed by political parties with parliamentary seat. 3. [previous paragraph 2] 4. [previous paragraph 3]. 5. [previous paragraph 4]» article 2 Amendment to law No. 14/79, May 16
Are added to law No. 14/79, of 16 may, with the amendments introduced by law No. 8/81, of June 15, by law No. 28/82 of 15 November, by law No. 14/85, of 10 July, by Decree-Law No. 55/88, of 26 February, by law No. 5/89, of 17 March, by law No. 18/90 , of 24 July, by law No. 31/91, of July 20, by law No. 55/91, of 10 August, by law No. 72/93, of 30 November, by law No. 10/95 of 7 April, by law No. 35/95, of 18 August, the Organic Act No. 1/99, of 22 June and by organic law No. 2/2001 , 25 August, articles 40-, 42-, 54-, 79-D, 106A, 106b as follows: 9 ' article 40-the polling station abroad every section or consular post corresponds to a polling place, and its offshoot when there are more than 1000 voters.
Article 42-polling sites abroad are polling stations: a) in posts and consular sections in the external delegations of ministries and public institutions in Portugal; b) If necessary, in other places where it is possible to ensure the monitoring of electoral operations by delegates from at least two of the parties or coalitions.
Article 54-the promotion and realization of the electoral campaign abroad 1. The promotion and realization of the election campaign in constituencies abroad is made by post or electronic and other any means authorized by countries where it takes place, all competing political forces. 2. For the purposes of carrying out of the campaign for the post, the political parties and coalitions may obtain, from the Ministry of Internal Affairs, copy of the electoral roll in digital form.
10 article 79-D mode of exercise of the right to vote in advance by voters displaced abroad 1. Any voter who is subject to the conditions laid down in paragraph 2 of article 79-can exercise the right to vote between the 12th and the 10 days prior to the election, with the diplomatic or consular representations in the external delegations of the ministries and public institutions previously defined by the Portuguese Ministry of Foreign Affairs, in accordance with article 79-B, with the intervention of the Mayor of the diplomatic official assigned to the effect , which refer election by matching more strenuous to the Parish Council. 2. In the case of electors referred to in (a)) and (b)) of paragraph 2 of article 70-A, the Ministry of Foreign Affairs, recognizing the impossibility of visiting the places referred to in the preceding paragraph, means a diplomatic official, carrying out the electoral correspondence collection, in the period referred to above. 3. electoral operations provided for in the preceding paragraphs can be controlled by applications which appoint delegates to the 16th day before the election.
Article 106-the partial Clearance abroad 1. In the polling stations with more than 100 registered voters is the clearance under the general terms. 2. In the polling stations with less than 100 registered voters, the ballot papers are introduced in closed envelopes and sealed in the presence of the voters who remain in the House. 3. In the cases referred to in the preceding paragraph, the envelopes containing ballot papers, minutes of the operations and the electoral roll, are sent immediately via diplomatic 11, to the nearest polling station that has more than 100 voters, for the count by the respective table and with the presence of delegates from the candidates.
Article 106-B intermediate Qualifying 1. In each consular district is to the beginning of the vote a Jer Assembly of intermediate qualifying, composed by the Manager of the consular post or consular section Manager, who chairs, a lawyer and a President of polling station for every 10000 electors, nominated by the President, which exercise the functions conferred on the national territory the district qualifying meetings. 2. These meetings begin their work at 9 o'clock of the day following the last day of voting, in the building of the Embassy or Consulate, where is forwarded, through more expeditiously, the electoral material subject to assessment. 3. The results are counted until the 4th day after the last day of voting, being the respective minutes immediately referred to the House of discharge. 4. for the purposes of compliance with the provisions of the preceding paragraph, may be sent by fax, when necessary.»
Article 3 is Repealed repealed Decree-Law No. 95-C/76, of 30 January, with the changes introduced by law No. 10/95 of 7 April.
12 article 4 entry into force this law shall enter into force on the day following that of its publication.
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