First Amendment To The Organic Law N° 1/2006, Of 13 February, Electoral Law For The Legislative Assembly Of The Autonomous Region Of Madeira

Original Language Title: Primeira alteração à Lei Orgânica n.º 1/2006, de 13 de Fevereiro, Lei Eleitoral para a Assembleia Legislativa da Região Autónoma da Madeira

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445324e4331594c6d527659773d3d&fich=ppl164-X.doc&Inline=false

1 PROPOSAL of law No. 164/X EXERCISE of VOTING RIGHTS for the election of the LEGISLATIVE COUNCIL of the AUTONOMOUS REGION of MADEIRA by REGISTERED VOTERS in the AUTONOMOUS REGION of MADEIRA, SHIFTED THEIR REGISTRATION AREA on the DAY of the ELECTION by VOTING early and VOTING by ELECTRONIC MEANS more than 30 years of democracy, there are still limitations on the exercise of the right to vote by registered voters in the autonomous regions that , for various reasons of temporary nature, are prevented from voting in that, on the day of the election, are displaced within the territory of the continent or another autonomous region. The enormous prejudice due to the political participation of the citizens, which translates in these cases in an involuntary abstention, with the consequent discouragement and disengagement by political issues, requires the creation of means of the exercise of the right to vote to all voters, on equal terms, regardless of the place where they meet on the day of the election. Indeed, the political participation of citizens constitutes a basic principle in democracy, representing the exercise of voting rights, the expression of the free will of citizens in choosing their representatives, which cannot be called into question by an obstacle only geographical in 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 amendment of 1997 which, in the new wording of article 109, established the constitutional obligation to promote equality in the exercise of civil and political rights. The consecration of the anticipated vote on the electoral law for the Legislative Assembly of the autonomous region of Madeira, through the organic law nº 2/2001, of 25 August, came to allow democratic participation, provided for in other elections but until then unable, to specific professional groups, military, agents of forces and internal security services, aeronautical and maritime workers, and 2 voters still in hospital stay in hospital and unable to move as well as no prisoners deprived of political rights. The Act also establish the early voters vote that officially represent national teams, organized by sports federations with sport utilities, which are moved abroad in sporting competitions. In fact, the right to sport participation cannot call into question the exercise of a civil right, and at the same time, the right to vote cannot affect the exercise of other rights. Subsequently, the organic law nº 3/2004 of July 22 came early voting to allow students listed in the region and to study on the Mainland or in the autonomous region of the Azores, thus breaking an impediment on participation of democratic life of these voters, who like many others, for temporary reasons, are unable to exercise your right to vote. The early voting represents the strengthening of the mechanisms of democratic participation, but has proved insufficient and ineffective solution, as noted in the last election, with anomalies in the procedure arising from situations of delay in the mail, which resulted in the extemporaneous delivery at polling stations of the envelopes containing the votes of students. In the light of the results of the application of the law and for constitutional imperatives, it is necessary to create an alternative solution through the implementation of electronic voting in full use in many countries and with successful results on the electronic voting experiences face-to-face, with non-binding nature, held in Portugal in the European elections in 2004 and the parliamentary elections in 2005, where it was also held for the first time electronic voting experience no attendance , to Portuguese voters enrolled in international circles in Europe and outside Europe. In this follow-up, the Legislative Assembly of the autonomous region of Madeira has submitted a Bill to Parliament (proposal of law No. 29/X), for the implementation of electronic voting for the registered voters in the region and displaced people on the day of the election for health reasons, study, training, internship and sports participation. However, recognizing that the reason cannot be limited, should be only considered the situation of voter meet shifted, and so, should be provided the means for the exercise of the right to vote on equal terms, 3 to the universe of voters recorded in the autonomous region of Madeira, which are displaced on the day of the election, or by early voting either by electronic vote. Indeed, in view of the technical difficulties that still exist for the institutionalization of the electronic vote until your full implementation, it is essential to the early voting, but simplifying your procedure, including the waiver of delivery of document proving the justification, being enough the voter's own statement, which you wish to exercise your right, wants to fulfill your civic duty. In this respect, in early voting or electronic voting, not for the State to inspect the cause of displacement, but rather ensure the regularity of the notebooks of Census and the regularity of the voting procedure. Electronic voting allows the voter to exercise your right to vote more effectively and comfortable, and to that extent is also a contribution in the fight against abstention. In addition gives greater speed voting and clearance operations, assuming a high degree of importance in the process of innovation and simplification of electoral processes in the Era of e-Government. In these, electronic voting should be a reality for the majority of voters, presenting itself as an indispensable mechanism in terms of citizens ' mobility, especially in the case of autonomous regions, taking into account the geographical realities and the need to ensure equality in the exercise of civil and political rights among all voters.

So: the Legislative Assembly of the autonomous region of Madeira under f) of paragraph 1 of article 227 of the Constitution and article b) of paragraph 1 of article 37 of the political and administrative Status of the autonomous region of Madeira, approved by law No. 13/91, of June 5, with the amendments introduced by law No. 130/99, of August 21 and no. 12/2000 , of 21 June, the Assembly of the Republic the following Bill: 4 Article 1 the electoral law for the Legislative Assembly of the autonomous region of Madeira approved the organic law nº 1/2006, of 13 February, is amended in accordance with the following articles.

Article 2 paragraph 2 of article 84 of the electoral law for the Legislative Assembly of the autonomous region of Madeira is replaced by the following: "2-can also vote in advance voters recorded in the autonomous region of Madeira are displaced on the day of the election on the Mainland or in the autonomous region of the Azores."

Article 3 the article 87 of the electoral law for the Legislative Assembly of the autonomous region of Madeira is replaced by the following: "article 87 mode of exercise of the right to vote by registered voters in the autonomous region of Madeira but displaced in election day 1-Any voter who is in the situation provided for in paragraph 2 of article 84 is addressed to the Mayor of the municipality in whose area is registered , until the 20th day before the election, identifying themselves by ID and indicating the registration number in your inventory and expresses your desire to exercise the right to vote in advance. 2-the Mayor of the municipality in which the voter is registered, until the 16th day before the election, through registered mail with acknowledgement of receipt, proceed as follows: 5


the) Sends to the President of the municipality where the elector is shifted, the documentation necessary for the exercise of the right to vote, as well as the nominal ratio of voters who wish to vote in advance; b) tells the elector of the location of the polling station where you can exercise your right to vote, by any effective means. 3-the vote takes place on the 10th day before the election, between the 8:00 and the 7:00 pm, under the responsibility of the Mayor of the municipality or Councillor designated by him, in compliance with the following: a) the mayor or Alderman designated delivery to the elector, properly identified, a ballot paper and two envelopes, a white, destined to receive the ballot and another blue destined to receive the previous; b) the voter fills in the bulletin, in conditions that ensure the secrecy of vote, folding it in four and into the white envelope that closes properly; c) the white envelope is introduced in another blue color, which is sealed and signed on the reverse side of form readable by the Mayor and by the voter. 4-on the ninth day before election day, the Mayor sends the blue-colored envelopes to Parish Council where the voter is registered, insured mail in express service. 5-the Parish Council delivery by hand the votes to the Chairman of the polling station until the morning of 8:00 set for the elections. 6-the provisions of paragraphs 7 and 8 of article 85. "

Article 4 Article 87 shall be added to read as follows: "Article 6 87-1-electronic voting Any voter registered in the autonomous region of Madeira which is shifted on the day of the election, in the territory of the continent or of the autonomous region of the Azores, heading to the Mayor of the municipality in whose area is registered, until the 15th day prior to the election expressing your desire to exercise the right to vote by electronic means, if identification by ID and indicating the registration number in your inventory. 2-the Mayor of the municipality in which the elector is registered to vote, by registered mail with acknowledgement of receipt, by the 10th day before the election, proceed as follows: a) Sends to the President of the municipality where the elector is shifted, the necessary documentation including the nominal ratio of voters who want to vote by electronic means; b) tells the elector as to the location of the polling station where you can exercise your right to vote, by any effective means. 3-the vote takes place on the day of the election, between the 8:00 at 7:00 pm, in front of the polling station assigned to the effect, being ensured at least one polling station in the district or island where the elector is shifted. 4-the provisions of paragraph 8 of article 85 "article 5 a new article shall be added 164-to read as follows:" Article 164-7 early voting That Deviation to mislay, retains or don't deliver the documentation to the Office of the early vote or the envelope containing the ballot paper, in the cases provided for by law, is punished with imprisonment up to 2 years or with a fine penalty up to 240 day. "

Article 6 1-the process inherent in the exercise of the right to vote by electronic means is free of costs. 2-the electronic vote must override the vote anticipated as soon as they're created the technical conditions for such.

Article 7 the present law shall enter into force on the day following your publication.

Adopted in Plenary Session of the Legislative Assembly of Madeira, on October 16 2007.

The PRESIDENT of the LEGISLATIVE ASSEMBLY of MADEIRA, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jose Miguel Garden of olive trees of Marin