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The Legal Framework For The Regional Referendum In The Autonomous Region Of The Azores

Original Language Title: Regime Jurídico do Referendo Regional na Região Autónoma dos Açores

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PORTUGUESE COMMUNIST PARTY

Parliamentary Group

Draft Law No 35 /XII-1.

ORGANIC LAW OF THE REGIONAL REFERENDUM REGIME

Preamble

The Constitution has provided for since 1997, in Article 232 (2), the possibility of the Legislative Assemblies of the Autonomous Regions to submit regional referendum proposals, through which the public voters census on the respective territory can, by decision of the President of the Republic, to be called upon to pronounce directly, on a binding basis, about issues of relevant regional specific interest, by applying, with the necessary adaptations, the provisions of Article 115, concerning the national-wide referendum. Thus, alongside the national referendum provided for in Article 115 and the local referendum provided for in Article 240, the Constitution also provides for the possibility of holding referendums within the framework of each Autonomous Region, by providing, in Article 164 (b), whereas the definition of the respective schemes is done by law of the sole jurisdiction of the Assembly of the Republic, which takes the form of organic law in accordance with Article 166 (2). However, contrary to what is already the case with the national referendum, regulated through the Organic Law No. 15 -A/98, of April 3, and with the local referendum, regulated through the Law Organic No 4/2000 of August 24, the necessary organic law was not yet drawn up so that regional referendums can be a reality. The objective of the CPP Parliamentary Group in taking the initiative to present the present draft law is precisely to bridge that legislative gap. The Constitution allocates in exclusive to the Legislative Assemblies of the Autonomous Regions the power to propose referendums of regional scope to the President of the Republic. Such an option radicals in the fact that it is the Legislative Assemblies the only self-governing bodies of the Autonomous Regions to hold legislative powers. Focusing on regional referenda on matters of relevant interest to the Region, it is hardly conceded that the concrete translation of a positive response from the electorate does not have to translate into a legislative act, so it is understood that the Referendum initiative belongs to the competent body to act in conformity with the will manifested by the electorate. It is proposed as soon as the regional referendum has for the purpose of issues that should be decided through the approval of regional legislative decree. In the constitutional terms, the proposed regulation for the regional referendum, closely follows the regime established for the national referendum. It is proposed that they should be excluded from their scope as integrated subjects in the sphere of legislative competence reserved for the organs of sovereignty as well as the issues and acts of budgetary, tax or financial content. The initiative with the Legislative Assembly could be taken up by the Regional Government, parliamentary groups or representations, or by groups of citizens voters in no less than 3,000.

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The regional referendum submits, such as the national and local referendum, to the mandatory preventive supervision of the constitutionality and legality by the Constitutional Court, to which the Representative of the Republic to the Region should be aroused Autonomous in question. Should the Constitutional Court consider the proposed referendum unconstitutional or illegal, this should be returned to the Legislative Assembly for possible redrafting. Should the Court rule out the constitutionality and legality of the proposed referendum, this must be immediately sent to the President of the Republic given that, in constitutional terms, it competes in the sole discretion of the final decision on the convocation of the referendum. Under the present initiative, the regional referendum process will follow the process envisioned for the national referendum, which in turn closely follows the regime applicable to electoral processes, and it is obvious that the necessary regime adaptations follow closely, as much as possible, the regime applicable to the elections to the Legislative Assemblies of the Autonomous Regions. In these terms, under the applicable constitutional and regimental provisions, the Deputies of the Parliamentary Group of the CFP present the following draft organic law:

Title I

Scope and subject of the regional referendum

Article 1. Scope

This Organic Law shall govern the cases and terms of the holding of the regional scope referendum provided for in Article 115 and in Article 232 (2) of the Constitution.

Article 2. The subject of the regional referendum

The referendum can only have on the subject matters of relevant regional specific interest that should be decided by the Legislative Assembly of Autonomous Region through the approval of regional legislative decree.

Article 3. Excluded subjects

They are excluded from the scope of the regional referendum:

a) the subjects integrated into the sphere of legislative competence reserved for the organs of sovereignty;

(b) the matters governed by legislative or regulatory act with a national scope binding on the Autonomous Regions;

(c) amendments to the politico-administrative statutes of the Autonomous Regions;

(d) the amendments to the laws relating to the election of Members to the Legislative Assemblies of the Autonomous Regions;

e) The issues and acts of budgetary, tax or financial content.

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Article 4. Acts in the process of appreciation

1-The issues raised by regional legislative acts in the process of appreciation, but not yet definitively approved, may constitute the subject of a referendum. 2-If the Legislative Assembly of the Autonomous Region submits a draft referendum on draft or proposed regional legislative decree, the respective process suspending itself until the decision of the President of the Republic on the convening of the referendum and, in the event of an actual convocation, up to the respective achievement.

Article 5. Delimitation on the grounds of matter

Each referendum falls on one matter.

Article 6. Formulation

1-No referendum can behave more than three questions. 2-Questions are formulated with objectivity, clarity and precision and for yes or no answers, without suggesting, directly or indirectly, the sense of the answers. 3-Questions may not be preceded by any recitals, preambles or explanatory notes.

Article 7. Temporal limits

No act of convening or held the referendum between the date of the convening and that of holding general elections for the organs of sovereignty, of self-rule of the Autonomous Regions and of the local power as well as of Members of Parliament European.

Article 8. Circumstantial limits

1-No act relating to the convening or holding of a referendum in the duration of a state of site or state of emergency, before it constituted or after dissolved the governing bodies of the Autonomous Regions. 2-The President of the interim Republic cannot decide the call for a referendum.

Title II Convocation of the referendum

CHAPTER I

Proposal

SECTION I Proposal of the Legislative Assembly of the Autonomous Region

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Article 9.

Power of initiative

The initiative of the proposed Legislative Assembly of the Autonomous Region's Legislative Assembly is incumbent upon the Members, the parliamentary groups and representations, the Regional Government or the groups of citizens census electives in the respective Autonomous Region.

Article 10. Limits of the initiative

The Deputies, parliamentary groups and groups of citizen voters may not submit referendum initiatives involving, in the current economic year, increased expenditure or decrease in revenue provided for in the State or Region Budget Autonomous.

Article 11. Discussion and voting

1-The Rules of the Legislative Assembly of the Autonomous Region regulates the process of discussion and voting of projects and motions for a referendum resolution. 2-A The resolution to vote in Plenary of the Legislative Assembly integrates the questions to be formulated. 3-A approval is made to the plurality of the votes, not counting the abstentions for the clearance of the majority.

Article 12. Form and publication

The projects and the approved proposals take the form of resolution, being published in the Official Journal of the respective Autonomous Region.

DIVISION I Parliamentary or government initiative

Article 13.

Form of the initiative When exercised by the Members or the parliamentary groups or representations, the initiative takes the form of a draft resolution, and, when exercised by the Government, that of the motion for a resolution, approved by the Regional Government Council.

Article 14.

Renewal of the initiative

1-Projects and motions for referendum resolutions not voted on in the legislative session in which they have been submitted do not lack renewal in the following legislative session, unless the term of the legislature is concerned. 2-The projects and the draft resolutions definitely rejected cannot be renewed in the same legislative session.

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DIVISION II

Popular initiative

Article 15. Title

The referendum may result from initiative addressed to the Legislative Assembly of the Autonomous Region by citizens census voters in the respective Autonomous Region, in number not less than 3000.

Article 16. Shape

1-A The popular initiative takes up the written form and is addressed to the Legislative Assembly of the Autonomous Region, containing, in relation to all the signatories, the following elements:

a) Full name; b) Number of civil identification.

2-A Legislative Assembly of the Autonomous Region may request the relevant departments of the Regional Public Administration, pursuant to the Rules, the administrative verification, by sampling, of the authenticity of the signatures and the identification of the underwriters of the initiative referred to in the preceding paragraph. 3-From the initiative appears the explanation of the question or questions to be submitted to the referendum, duly instructed by the identification of the acts in the process of appreciation in the Legislative Assembly. 4-When no pending act is found on which to focus referendum, should the popular initiative be accompanied by the submission of draft regional legislative decree on the matter to be referred to. 5-A The initiative of groups of citizens voters, verified that it is the observance of the applicable constitutional, legal and regimental provisions, takes the form of draft resolution for the purpose of discussion and voting in Plenary of the Assembly Legislative of the Autonomous Region.

Article 17. Publication

After admission, the popular initiative is published in the Journal of the Legislative Assembly of the Autonomous Region.

Article 18.

Representation

1-A The initiative is to mention, in the initial part, the identification of the mandants designated by the group of underwriters, in number not less than 20. 2-The mandators referred to in the preceding paragraph shall designate from each other an executive committee for the purposes of liability and representation provided for in the law.

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Article 19.

Tramway

1-Within two days the Speaker of the Legislative Assembly of the Autonomous Region asks the competent committee on the grounds of the matter to appear on the referendum initiative, within the period of time it will be cominar. 2-Received the opinion of the committee, the Speaker of the Legislative Assembly decides on the admission of the initiative or sends the mandate to notify the representative of the group of citizens for further improvement of the text, within a maximum of 15 days. 3-They are notified of the order of the President of the Legislative Assembly the parliamentary groups and the mandators of the group of bidders. 4-Once admitted, the initiative is sent to the relevant committee. 5 -- The committee listens to the representative of the group of citizen voters, for the adjudicated clarifications necessary to the understanding and formulation of the issues presented. 6-A The Commission elaborates, within 15 days, the draft resolution incorporating the text of the referendum initiative, sending it to the President of the Legislative Assembly for scheduling. 7-The Speaker of the Legislative Assembly shall schedule the draft resolution for one of the following 10 plenary sessions. 8-A The popular initiative is compulsorily appreciated and voted on in Plenary.

Article 20. Effects

From the appreciation and voting of the initiative in Plenary results in the approval or rejection of the draft resolution incorporating the popular initiative.

Article 21.

Renewal and expiry

1-On popular initiative the provisions of Article 14º. 2-A popular initiative pending voting shall not lapse with the term of the legislature, reinitiating new term of assessment pursuant to Rule 19º.

CHAPTER II Preventive surveillance of constitutionality and legality

SECTION I

Subjection to the Constitutional Court

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Article 22. Initiative

In the eight days subsequent to the publication of the resolution of the Legislative Assembly, the Representative of the Republic submits to the Constitutional Court the proposal for a referendum, for the purposes of preventive surveillance of constitutionality and legality.

Article 23. Deadline for supervision and assessment

The Constitutional Court carries out the supervision and assessment within 25 days.

Article 24. Effects of the decision

1-If the Constitutional Court verifying the unconstitutionality or illegality of the referendum proposal, the Representative of the Republic returns the proposal to the Legislative Assembly of the Autonomous Region. 2-A Legislative Assembly of the Autonomous Region may reappreciate and reshape its proposal, purged from unconstitutionality or lawlessness. 3-Within the period of eight days after the publication of the referendum proposal that has been recast, the Representative of the Republic submits it to the Constitutional Court for further preventive consideration of constitutionality and legality. 4-Within the period of eight days from the date of the knowledge of the Constitutional Court's decision, the President of the Legislative Assembly of the Autonomous Region shall communicate it to the representatives of the group of citizens underwriters of the popular initiative referendums.

SECTION II Procedure for preventive surveillance

Article 25.

Application for supervision and assessment

1-The application for the surveillance of the constitutionality and the legality of the regional referendum proposal is accompanied by the corresponding resolution of the Legislative Assembly of the Autonomous Region and the other elements of instruction that the Representative of the Republic have for convenient. 2-Autuated by the Registrar and registered in the corresponding book, the application is immediately conclusive to the President of the Constitutional Court. 3-It is from one day the deadline for the President of the Constitutional Court to admit the application, check any procedural irregularity and notify the Representative of the Republic to supply it within two days.

Article 26. Distribution

1-A The distribution is made within one day of the date of the application admission.

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2-The process is immediately conclusive to the rapporteur, in order to, within five days, draw up a memorandum containing the enunciation of the questions on which the Constitutional Court is to pronounce and the solution that for them proposes, with indication summary of the respective grounds. 3-Distributed the process, copies of the application are delivered to all judges, in the same manner if proceeding with the memorandum as soon as received by the Registrar.

Article 27. Formation of the decision

1-With the delivery to the President of the Constitutional Court of the copy of the memorandum it is to be conclusive the respective process to enact it on the agenda of the plenary session to be held within eight days from the date of receipt of the application. 2-A The decision should not be handed down before two days elapsed over the delivery of the copies of the memorandum to all judges. 3-Completed the discussion, and taken a decision by the Constitutional Court, is the conclusive process to the rapporteur or, in the case that this becomes won, to the judge who should replace it, for the drafting of the judgment within five days and its subsequent signature.

Article 28. Publicity of the decision

Handed down decision, the President of the Constitutional Court communicates it immediately to the Representative of the Republic and sends it for publication in the 1ª series of the Journal of the Republic , the next day.

Article 29. Submission to the President of the Republic

The Representative of the Republic shall immediately send to the President of the Republic the decision of the Constitutional Court to verify the constitutionality and legality of the proposal.

CHAPTER III

Decision

Article 30. Deadline for the decision

The President of the Republic decides on the convening of the referendum within 20 days of the receipt of the Constitutional Court's decision that checks the constitutionality and the lawfulness of the proposal.

Article 31. Convocation

1-A convocation of the referendum takes the form of decree.

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2-The decree integrates the questions formulated in the proposal and the date of the holding of the referendum, which takes place between the 40º and the 180º day from the publication of the decree. 3-Except in the cases provided for in Article 8º (1), or dissolution of the Legislative Assembly of the Autonomous Region the date of the holding of the referendum, once marked, it cannot be changed.

Article 32. Refusal of the referendum proposal

1-If the President of the Republic takes the decision not to convene the referendum, it communicates it to the Legislative Assembly of the Autonomous Region, in a reasoned message that it consents to the sense of refusal. 2-addressing a popular initiative referendum the Speaker of the Assembly of the Autonomous Region Legislature must communicate to the representative of the group of citizens voters the sense and the foundation of the presidential decision. 3-A The proposed referendum of the Legislative Assembly refused by the President of the Republic cannot be renewed in the same legislative session.

Title III Holding of the referendum

CHAPTER I

Right of participation

Article 33. General principles

They may be called upon to pronounce directly by means of regional referendum the citizens enrolled in the electoral census of the Autonomous Region.

CHAPTER II

Campaign for the referendum

SECTION I General provisions

Article 34.

Objectives and initiative

1-A The campaign for the referendum consists of the justification and the clarification of the issues submitted to the referendum and the promotion of the corresponding options, with respect for the rules of the democratic rule of law. 2-A The campaign is carried out by the legally constituted political parties and by groups of citizens constituted under this Act which declare to claim to take a position on the issues submitted to the electorate.

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Article 35. Parties and coalitions

Until the 30 the day before the referendum was held, the legally constituted parties make delivery to the National Election Commission of the declaration provided for in paragraph 2 of the previous article.

Article 36. Groups of citizen voters

1-Until the 30 day prior to the holding of the referendum, they may citizens voters, in number not less than 3000, constitute themselves in a group, with an end to participation in the clarification of the issues submitted to the referendum. 2-Each citizen cannot integrate more than one group. 3-A The form required for its constitution is identical to that of the popular initiative under Articles 16 and 18. 4-The control of the regularity of the proceedings and corresponding enrolment is the competence of the National Election Commission. 5-The groups of citizens voters will be able to represent, for all the purposes of this Act, in the terms provided for in Article 18º.

Article 37. Principle of freedom

1-The parties and groups of regularly constituted voter citizens freely develop the campaign, which is open to the free participation of all. 2-The campaign activities provided for in this Law shall not preclude any others arising from the exercise of the rights, freedoms and guarantees ensured by the Constitution and by the law.

Article 38. Civil liability

1-The parties are civilly responsible, under the law, for the damage directly resulting from campaign activities that hajam promoted. 2-The same principle shall govern, with the necessary adaptations, the groups of citizens, represented by the entities referred to in Article 18º.

Article 39. Principle of equality

The parties and groups of citizen voters actors are entitled to equality of opportunity and treatment in order to carry out freely and in the best conditions their campaign activities.

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Article 40. Neutrality and impartiality of public entities

1-The organs of the State, Autonomous Regions and local authorities, of the other legal persons of public law, public capital or mixed-economy corporations and public service dealerships, of goods of the field public or public works, as well as, in that capacity, the respective holders, may not intervene directly or indirectly in a campaign for referendum, nor do they practice acts which somehow favour or undermine a position to the detriment or advantage of another or other. 2-The officials and agents of the entities provided for in the preceding paragraph shall observe, in the performance of their duties, strict neutrality in the face of the various positions, as well as before the various parties and groups of electorate citizens. 3-It is vetted the display of symbols, siglas, stickers or other elements of propaganda by officials and agents of the entities referred to in paragraph 1 during the performance of their duties.

Article 41. Access to specific means

1-The free continuation of campaign activities implies access to specific means. 2-It is free for parties and for groups of citizen voters actors to use, in the terms set out in this Law, of informative publications, emissions from public and private radio and television stations, from scope regional, and of the public buildings or precincts. 3-The parties that do not have declared claim to participate in the clarification of the issues submitted to the referendum do not have the right of access to the specific means of campaigning.

Article 42. Start and term of the campaign

The campaign period for referendum starts at 12. the day before and finishes at 24 pm on the day's eve of the referendum.

SECTION II Advertisement

Article 43.

Freedom of the press

During the campaign period for the referendum, no procedure may be moved or enforced any penalty to journalists or companies exploiting media for acts reaching the same campaign, without prejudice to the liability in which they incur, which can only be carried out after the day of the holding of the referendum.

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Article 44. Freedom of assembly and demonstration

1-In the period of campaigning for referendum, and for the purposes of it reaching, freedom of assembly shall be governed by the provisions of the law, with the specialties set out in the following numbers. 2-The notice referred to in Article 2 (2) of the Decree-Law No. 406/74 of August 29 is made by the competent body of the party or political parties concerned when it comes to meetings, rallies, demonstrations or parades in public places or open to the public. 3-Cortejos and parades can perform on any day and hour, respecting only the limits imposed by freedom of work and transit and the maintenance of public order, as well as those arising from the resting period of the citizens. 4-The self to which he rents out Article 5 (2) of the Decree-Law No. 406/74 of August 29 is sent, by copy, to the chairman of the National Election Commission and, depending on the cases, to the competent bodies of the party or interested political parties. 5-A The order to change the paths or parades is given by the competent authority, in writing, to the competent body of the party or political parties concerned and communicated to the National Election Commission. 6-A the presence of agents of the authority in meetings organised by any political party can only be requested by their competent bodies, by staying the organising entity responsible for the maintenance of the order when it does not make such a solicitation. 7-The limit to which you rent Article 11 of the Decree-Law No. 406/74 of August 29 is extended until 2 pm. 8-The appeal provided for in Article 14 (1) of the Decree-Law No. 406/74 of August 29 is brought within a day for the Constitutional Court. 9-The principles contained in this Article shall apply, with due adaptations, to the groups of citizen voters.

Article 45. Sound propaganda

1-A The sound advertisement does not lack authorization or communication to the administrative authorities. 2-Without prejudice to the provisions of paragraph 7 of the preceding Article, it is not admitted to sound advertisement before 8 p.m. nor after 23 pm.

Article 46. Graphic advertising

1-A poster affixing does not lack authorization or communication to the administrative authorities. 2-It is not admitted to the affixing of posters, nor to the realization of inscriptions or mural paintings on national monuments, in temples and religious buildings, in buildings seat of the organs of the

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State, of the Autonomous Regions and local authorities or where they will operate polling stations, in traffic signs or on road signs and in the interior of repartitions or public buildings, save, as for these, on premises intended for the conviviation of the employees and agents. 3-It is prohibited to affix posters in the legally recognized historical centres. 4-It is also not admitted, under any circumstances, to the affixing of posters or inscriptions with persistent glues or paints.

Article 47. Additional fixed graphic advertising

1-The freguesia joints establish, up to three days before the start of campaigning for referendum, special spaces at right places intended for the affixing of posters, photographs, mural newspapers, manifestos and notices. 2-The minimum number of such sites is determined in the function of the registered voters, in the following terms:

a) Up to 250 voters-one; b) Between 250 and 1000 voters-two; c) Between 1000 and 2000 voters-three; d ) Above 2500 voters, for every fraction of 2500 voters-one.

3-The special spaces reserved in the places provided for in the previous figures are as many as the parties and groups of regularly constituted voter citizens.

Article 48. Commercial advertising

From the publication of the decree that bypass the referendum is prohibited political propaganda made, directly or indirectly, by means of any means of commercial advertising in media organs or outside them.

SECTION III Specific means of campaigning

DIVISION I

Periodical publications

Article 49. Public informative publications

Journalistic-informative publications belonging to public entities or dependent persons always matter concerning the campaign for regional referendum and ensure equal treatment of parties and groups of citizens registered voters.

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Article 50. Private informative publications and cooperatives

1-Information publications belonging to private entities or cooperatives wishing to insert matter concerning the campaign for regional referendum communicate that fact to the National Election Commission up to three days before the start of the campaign and are required to ensure fair journalistic treatment to the parties and groups of citizen voters actors. 2-Publications which do not proceed to such communication shall not be required to insert matter relating to the campaign, unless it is sent to them by the National Election Commission, and shall not also be entitled to the compensation provided for in Article 172º.

Article 51. Doctrinal publications

The precept in paragraph 1 of the preceding article shall not apply to doctrinal publications which are the property of political party, political association, or groups of citizen registered voters, provided that such a fact expressly consents to the respective header.

DIVISION II Radio and television

Article 52.

Radio and television stations

1-Radio and television stations are required to give equal treatment to parties and groups of citizen voters actors. 2-The parties and groups of citizen voters actors have an antenna right on regional radio and television, in the terms of the following articles.

Article 53.

Free antenna times

During the period of the campaign for referendum, radio and television stations reserve the parties and groups of citizens voters the following times of antenna: a) In the Autonomous Region of the Azores:

i) RTP Azores: From Monday to Friday-15, between 19 and 22 pm; On Saturdays and Sundays-30, between 19 and 22 pm; ii) The Antena 1 Azores, 60 daily, of which 20 between 7 and 12

hours, 20 between 12 and 19 hours and 20 between 19 and 24 pm; iii) Private broadcasting stations of regional scope, 60 daily, of the

which 20 between 7 and 12 hours and 40 between 19 and 24 pm. (b) In the Autonomous Region of Madeira:

i) RTP Wood: From Monday to Friday-15, between 19 and 22 pm; On Saturdays and Sundays-30, between 19 and 22 pm;

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ii) To Antena 1 Wood-60 daily, of which 20 between 7 and 12 pm, 20 between 12 and 19 hours and 20 between 19 and 24 pm;

iii) Private broadcasting stations of regional scope, 60 daily, of which 20 between 7 and 12 hours and 40 between 19 and 24 pm.

Article 54. Local private stations

1-The private stations for local scope broadcasting wishing to insert matter concerning the campaign for referendum communicate that fact to the National Election Commission up to 15 days before the start of the campaign. 2-The antenna times are 15 daily between 7 and 8 pm and between 19 and 21 pm. 3-The stations that do not make the communication provided for in paragraph 1 are not required to insert matter concerning the campaign for referendum, unless they are sent to them by the National Election Commission.

Article 55. Obligation on antenna time

1-Up to 10 days before the start of campaigning for referendum, radio and television stations indicate to the National Election Commission the scheduled time for emissions. 2-The radio and television stations register and file the record of the emissions corresponding to the exercise of the right of antenna.

Article 56. Criterion of distribution of antenna times

The antenna times are distributed equally by the intervening parties and the groups of citizens legally constituted for the purpose in accordance with Article 34 (2).

Article 57. Sorteio of the antenna times

1-A The distribution of the antenna times on radio and television is done, by drawing draw, up to three days before the start of the campaign, by the National Election Commission, which communicates, at the same time, the result of the distribution to the broadcasters. 2-For the purpose of the provisions of the preceding paragraph, the National Election Commission organises, in accordance with the provisions of Article 56, so many emission series as to the parties and groups of citizens voters that they are entitled to. 3-For the draw provided for in this article are convened the representatives of the parties and the groups of citizen voters. 4-The use in common or the exchange of antenna times is permitted.

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Article 58. Suspension of the right of antenna

1-The exercise of the right of antenna of the entity which:

a) Use expressions or images that may constitute a crime of defamation or injuring, offending to democratic institutions, call for disorder or insurrection or incitement to hatred, violence or war;

b ) Do commercial advertising; c ) Do abusively deviant propaganda from the end for which you have been conferred the

right of antenna. 2-A suspension is graduated between one day and the number of days the campaign still lases, depending on the severity of the lack and its degree of frequency, and covers the exercise of the right of antenna in all radio and television stations, even if the fact that determined if it verified only in one of them. 3-A suspension is independent of civil or criminal liability.

Article 59. Process of suspension of the exercise of the right of antenna

1-A The suspension of the exercise of the right of antenna is required to the Constitutional Court by the Public Prosecutor's Office, on the initiative of this or the solicitation of the National Election Commission or any other party or group of intervening citizens. 2-The competent body of the political party or the representative of the group of citizens whose right of antenna has been the subject of an application for suspension is hereby immediately notified by telegraph to contest, wanting, within 24 hours. 3-The Constitutional Court requested the radio or television stations for the records of the emissions that are shown to be necessary, which they are immediately provided with. 4-The Constitutional Court shall decide within one day and, in the case of ordering the suspension of the right of antenna, shall soon notify the decision to the respective radio and television stations for immediate compliance.

DIVISION III Other specific means of campaigning

Article 60.

Places and public buildings

1-A The use of the public places referred to in Article 9 of the Decree-Law No. 406/74 of August 29 is rematch, in accordance with the criteria set out in Article 56 of this Law, by the parties and groups of citizen voters actors. 2-Municipal chambers shall ensure the ceding of use, for purposes of campaigning for referendum, of public buildings and precincts belonging to other legal persons of public law, releaving, in accordance with the same criteria, their use by the parties and groups of citizen voters actors.

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Article 61. Rooms of spectacles

1-The owners of spectacle or other normal rooms of normal public access that meet conditions to be used in campaigning for referendum declare that fact to the municipal chamber of the respective area up to 10 days before the start of the campaign, indicating the dates and times in which rooms or the enclosures can be used for that purpose. 2-In the absence of a declaration, and in the event of a proven deficiency, the city hall may requisition the rooms and the enclosures it deems necessary for the campaign, without prejudice to its normal activity or already scheduled for them. 3-The time intended for advertisement, pursuant to paragraph 1 and 2, is broken down, in accordance with the criteria set out in Article 56 of this Law, by the parties and groups of citizens voter voters who declare, up to 15 days before the start of the campaign, be in this interested. 4-Until three days before the start of the campaign the city hall, listened to the representatives of the intervening political parties, indicates the days and the hours that have been assigned to it, with respect for the principle of equality.

Article 62.

Costs of the use of the show rooms

1-The owners of the show rooms, or those who exploit them, indicate the price to be charged for their use, which may not be higher than the net income corresponding to half of the lotation of the respective room in a normal show. 2-The price referred to in the preceding paragraph and the remaining conditions of use are uniform for all parties and groups of citizen voters actors.

Article 63. Breakdown of use

1-A The apportionment of the use of public places and buildings, of spectacle rooms and other rooms of normal public access is made by the city hall, upon draw, when there is competition and not possible agreement between the actors. 2-For the draw provided for in this article are convened the representatives of the political parties and the groups of citizen voters. 3-Interested parties may agree on the use in common or in the exchange of the places whose use has been assigned to them.

Article 64. Renting

1-A From the date of the publication of the decree calling for the referendum and up to 20 days after its realization, the tenants of urban buildings may, by any means, including subletting for value not surplus to that of the rent, target them to the preparation and achievement of the

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respective campaign, whatever the end of the lease and regardless of the provision to the contrary of the respective contract. 2-Tenants, political parties and groups of citizens voters are jointly and severally liable for the damage caused due to the use provided for in the preceding paragraph.

Article 65. Installation of phones

1-Political parties and groups of citizen voters are entitled to the free installation of a telephone by each municipality in which they carry out campaign activities. 2-A The installation of telephones may be required from the date of convocation of the referendum and shall be carried out within five days of the application.

SECTION IV

Financing of the campaign

Article 66. General principle

1-The financing of the campaigns subordinates, with the necessary adaptations, to the principles and rules applicable to the election campaigns for the Legislative Assemblies of the Autonomous Regions pursuant to the Law of the Financing of Political Parties and of the Election Campaigns. 2-The groups of citizen voters subject themselves to the regime equivalent to those of political parties with the necessary adaptations.

CHAPTER III Organization of the voting process

SECTION I Polling stations

DIVISION I Organization of polling stations

Article 67.

Scope of the polling stations

1-A each freguesia corresponds to a voting assembly. 2-The voting stations of the freesters with a number of voters appreciably higher than 1000 are divided into voting sections, so that the number of voters of each one does not exceed that number appreciably.

Article 68. Determination of polling stations

1-Until the 30 the day before that of the referendum, the mayor of the city hall determines the unfolding in voting sections, when necessary, of the voting assembly of each freguesia, immediately communicating it to the corresponding freguessness board.

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2-The decision of the mayor rests with the Representative of the Republic or for the member of the regional government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region. 3-The appeal is interposed within two days after the edital's affixing, by the president of the freguesia board or by 10 electors belonging to the voting assembly concerned, and is decided in the same term, and the decision is immediately notified to the appellant. 4-From the decision of the Representative of the Republic or of the member of the regional government with competence in electoral matters, it is up to appeal, to be appeded, to the interchange within one day, to the Constitutional Court, which decides in plenary in equal time.

Article 69.

Place of operation

1-The polling stations meet on the scheduled day for the regional refendo, at 8 a.m., throughout the regional territory, in public buildings, preferably schools or headquarters of municipal chambers or freighter joints that offer the indispensable conditions of access and safety. 2-In the absence of adequate public buildings, they are requisitioned for the purpose of private buildings.

Article 70. Determination of the places of operation

1-Compete to the mayor of the city hall determine the workplaces of the assemblies and the voting sections, communicating them to the corresponding freguery joints up to the 25 th day before the referendum. 2-Until the 23 the day before that of the referendum the freighter joints advertise, by edibles to be affixed to the places of style, the workplaces of the assemblies and the voting sections.

Article 71. Announcement of the day, time and place

1-Until the 15 the day before that of the referendum, the mayor announces, by edital affixed to the places of style, the day, the time and the places on which the polling stations meet. 2-Of the editals also appears the number of enrolment in the census of the voters corresponding to each voting assembly.

Article 72. Elements of work of the table

1-Until three days before the day of the regional referendum the census commission proceeds to the extraction of two duly authenticated copies of the census notebooks, entrusting them to the freguish board.

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2-Until two days before the referendum the mayor of the city hall sends to the president of the freguesia board the ballot papers, a notebook intended for the minutes of the electoral operations, with an opening term by him signed and with all the leaves by him initialed, as well as the printouts and other necessary working elements. 3-A freguesia board provides for delivery to the Chair of the desk of each voting assembly of the elements referred to in the preceding paragraphs up to one hour before the opening of the assembly.

DIVISION II Table of polling stations

Article 73.

Function and composition

1-In each assembly or voting section there is a table, which promotes and directs the operations of the regional referendum. 2-A The table is composed of a president, a vice president, a secretary and two scrutinators.

Article 74. Assignment

The members of the tables of the assemblies or voting sections shall be chosen by agreement between the representatives of the parties who have made the declaration provided for in Article 34 (2) and of the groups of registered citizens regularly constituted or, at the lack thereof of agreement, by draw.

Article 75. Requirements for designation of the members of the desks

1-Members of each table are appointed from among the electors of the respective voting assembly. 2-Cannot be designated members of the table the voters who do not know how to read and write Portuguese.

Article 76. Incompatibilities

They may not be designated members of assembly table or voting section:

a ) The President of the Republic, Deputies to the Assembly of the Republic and the Legislative Assemblies of the Autonomous Regions, the members of the Government and Regional Governments, the Representatives of the Republic, and the members of the executive bodies of the authorities places;

b ) The judges of any court and the magistrates of the Public Prosecutor's Office.

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Article 77. Process of assignment

1-No 18. day prior to the holding of the referendum, by the 21 pm, the representatives of the parties and groups of elective citizens, duly accredited, gather to make the choice of the members of the tables of the assemblies or voting sections of the freguesia, at the headquarters of the respective joint. 2-If at the meeting if it does not come to an agreement, the representative of each party or group of citizens intervening voters proposes to the mayor of the city hall, until the 15 the day before the referendum, two electors for each place still to be filled, so that from among them will make the choice through drawing to be held within 24 hours in the municipal chamber building and in the presence of the representatives that he wants to attend. 3-Not having been submitted as proposed in accordance with paragraph 1, the mayor proceeds to the designation by draw, from among the voters in the assembly or voting section, of the members of tables whose seats are yet to be filled.

Article 78. Complaint

1-The names of the members of the desks, designated by the representatives of the parties or groups of citizens voters or by lottery, are published by edital affixed within two days at the door of the headquarters of the freguessness board, and may any elector to complain against the designation before the judge of the comarch at the same time, on grounds of preterition of requirements set out in this Law. 2-The judge decides the complaint within one day and, if it meets it, immediately proceeds to the choice by communicating it to the mayor.

Article 79. Alvshall of appointment

Up to five days before the referendum, the mayor of the city hall lavra alters the members of the tables of the assemblies or voting sections and participates in nominations to the respective freguthesia joints and the Representative of the Republic or the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region.

Article 80. Mandatory exercise of the function

1-The exercise of the function of assembly member table or voting section is mandatory. 2-Are justifying causes of hindrance:

a ) Age of more than 65 years; b ) Disease or physical impossibility proven by the municipal health delegate; c ) Change of residence to the area of another municipality, evidenced by the joint of

freguesia of the new residence; d) Absence of the island in which it habitually resides, duly proven; and) Absence abroad, duly proven;

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(f) Exercise of professional activity of an indefable character, duly proven by superior hierarchical. 3-A The invocation of justifying cause is done, whenever the voter can do so, up to three days before the referendum, before the mayor of the city hall. 4-In the case provided for in the preceding paragraph the mayor immediately carries out the replacement, appointing another voter belonging to the assembly vote

Article 81.

Dispensation of professional activity

The members of the tables of the assemblies or voting sections shall enjoy the right to dispensation of professional activity on the day of holding the regional referendum and in the following, without prejudice to all their rights and perks, including the right to retribution, owing to the effect of the purpose of the exercise of the respective functions.

Article 82. Constitution of the table

1-A The table of the assemblies or voting sections may not constitute before the scheduled time for voting nor in a diverse place than there has been announced, under penalty of nullity of all acts that you practise. 2-Constituted the table, is affixed to the door of the building in which the assembly or voting section an edital is assembled, signed by the President, containing the names and numbers of enrolment in the census of the citizens who make up the table as well as the number of registered voters in that assembly or voting section.

Article 83. Substitutions

1-If one hour after the scheduled time for the opening of the assembly or voting section has not been possible to constitute the table by not being present the members indispensable to its functioning, the president of the freguish board, upon agreement of the a majority of the delegates present, designates the substitutes of the absent members from among electors belonging to that assembly or voting section. 2-If, despite the table, the lack of one of its members is found, the President replaced him with any voter belonging to the assembly or voting section, upon agreement of the majority of the remaining members of the table and the delegates of the parties and the groups of citizens who are present. 3-Substituted the flawed shall be without effect the respective nominations, and their names are communicated by the president of the bureau to the mayor.

Article 84. Stay of the table

1-A The table, once constituted, cannot be changed, unless of force majeforce.

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2-From the change of the table and its reasons is given advertising through edital affixed immediately to the door of the building where the assembly or voting section operates.

Article 85. Quorum

During voting operations it is mandatory for the presence of the majority of the members of the table, including that of the President or that of the Vice-President.

DIVISION III Delegates from the parties and groups of citizen voters

Article 86.

Right of designation of delegates

1-Each party that has made the declaration provided for in Article 34 (2) and each group of intervening citizens in the regional referendum shall have the right to designate an effective delegate and another deputy for each assembly or vote section. 2-Delegates may be assigned to an assembly or voting section other than that in which they are enrolled as voters. 3-A The lack of designation or comparisons of any delegate does not affect the regularity of operations.

Article 87. Process of assignment

1-Until the 5 the day before the referendum is held, the parties and groups of citizens voters indicate, in writing, to the mayor of the municipal chamber the delegates corresponding to the various polling stations or sections of vote and to present it, to signature and authentication, the respective credentials. 2-From the credential, of model annexed to this Law, are listed, the number of enrolment in the census, the number and date of the identity card of the delegate, the party or group representing and the assembly or voting section for which it is designated.

Article 88. Powers of the delegates

1-The delegates of the parties and groups of citizen voters have the following powers:

a ) Occupy the seats closest to the assembly desk or vote section so that they can scrutinise all voting operations; b ) Please consult at all times the copies of the electoral census notebooks used by the assembly desk or voting section;

c ) Be heard and clarified about all the issues raised during the operation of the assembly or voting section, either in the voting phase or in the clearance phase;

d ) Present, orally or in writing, complaints, protests or contraproters concerning the voting operations;

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and ) Sign the minutes and initialled, seal and seal all the documents relating to the voting operations;

f ) Get certificates from the voting and clearance operations. 2-Party delegates and groups of citizen voters cannot be assigned to replace members of the faltous desk.

Article 89. Immunities and rights

1-Delegates may not be held during the operation of the assembly or voting section except for a crime punishable with imprisonment of more than three years and in flagrant offence. 2-Delegates shall enjoy the right of consignment under Article 81º.

SECTION II Bulletins of vote

Article 90.

Key characteristics

1-Vote bulletins are printed on smooth and non-transparent paper. 2-The ballot papers are rectangular-shaped, with the appropriate dimension for them to fit, printed in easily legible letter, the questions submitted to the electorate.

Article 91.

Integral elements

1-In each ballot paper are laid down, one below the other, the questions submitted to the electorate. 2-In the line corresponding to the last sentence of each question feature two tables, one encimed by the inscription of the word "Yes" and another by the inscription of the word " No " , for the purpose of the voter to point out the answer he prefers.

Article 92. Color of voting bulletins

The voting bulletins are white-coloured.

Article 93. Composition and printing

The composition and printing of voting bulletins are charge of the Region, through the Representative of the Republic or the member of the Regional Government with competence in electoral matters, as per the provisions of the Election Act for the Legislative Assembly of the Region.

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Article 94. Sending the ballot papers to the municipal chambers

The Representative of the Republic or the member of the Regional Government with electoral competence, as per the provisions of the Electoral Act for the Legislative Assembly of the Region, referred to each municipal mayor the ballot papers so that this shall comply with the precepted in Article 72 (2).

Article 95. Distribution of voting bulletins

1-Compete to the Presidents to carry out the distribution of the ballot papers by the polling stations. 2-A each polling assembly is remitted, in closed and sealed envelope, ballot papers in number equal to that of the corresponding voters plus 10%. 3-The mayor provides bills to the Representative of the Republic or to the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region, of the ballot papers which have received it.

Article 96.

Return of unused or unutilized voting bulletins

The day after the referendum is held the president of each voting assembly returns to the mayor of the city chamber the unused ballot papers and the bulletins deteriorated or unutilized by the voters.

CHAPTER IV Voting

SECTION I Date of holding of the referendum

Article 97.

Day of the referendum's achievement

1-The referendum takes place on the same day throughout the territory of the Region, without prejudice to the provisions of Article 113º. 2-The referendum can only be held on a Sunday or national or autonomic holiday day.

SECTION II Exercise of the right of suffrage

Article 98.

Law and civic duty

1-The suffrage constitutes a right and a civic duty.

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2-Those responsible for the services and companies that have to stay in business on the day of holding the referendum facilitate their respective officials and employees dispensing for long enough so they can vote.

Article 99. Unicity

The voter only votes one time.

Article 100. Place of exercise of suffrage

The right of suffrage shall be exercised in the voting assembly corresponding to the place by where the voter is census.

Article 101. Requirements of the exercise of suffrage

1-In order for the voter to be admitted to voting has to be entered in the census notebook and his / her identity is recognized by the assembly desk or vote section. 2-A The inscription in the electoral census notebook implies the presumption of the right of participation.

Article 102. Personality

1-The right of suffrage is exercised personally by the voter. 2-It is not admitted to any form of representation or delegation.

Article 103º Presentiality

The right of suffrage shall be exercised presently in the voting assembly by the voter, save the willing as to the mode of exercise of the early vote.

Article 104. Secret of the vote

1-No one may, under any pretext, be obliged to reveal the meaning of their vote. 2-Within the voting assembly and outside of it, up to the distance of 500 metres, no one can reveal in what sense it voted or will vote.

Article 105.

Opening of public services

On the day of the holding of the referendum, during the period of operation of the polling stations, services shall remain open:

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a ) From the freighter joints, to the effect of information of the voters about their number of enrolment in the electoral census;

b ) Of the health centres or similar places, for the purpose of the provisions of Article 118º (2).

SECTION III Process of voting

DIVISION I Operation of polling stations

Article 106.

Opening of the assembly

1-A The assembly or voting section opens at 8 pm on the day scheduled for the holding of the referendum, after it constituted the table. 2-The President declares open the assembly or voting section, sends affix the editations referred to in Article 82 (2), proceeds, with the remaining members of the table and the delegates of the parties and groups of citizens voters, to the magazine of the chamber of voting and the working papers of the table and displays the urn before the voters so that everyone can make sure that it is empty.

Article 107. Impossibility of opening the assembly vote

The assembly or voting section may not be opened in the following cases:

a ) Impossibility of constitution of the table; b ) Occurrence, in the freguesia, of serious disturbance of public order on the marked day

for the holding of the referendum; c ) Occurrence, in the freguesia, of severe calamity on the day marked for the realization of the

referendum or the previous three days.

Article 108. Irregularities and their supply

1-Checking out superable irregularities, the table proceeds to its supply. 2-Not being possible for your supply within the two hours subsequent to the opening of the assembly or voting section, is this declared closed.

Article 109. Continuity of operations

The assembly or voting section works seamlessly until all the voting and clearance operations are completed, without prejudice to the provisions of the following article.

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Article 110. Interruption of operations

1-The operations are halted, under penalty of nullity of the vote, in the following cases:

a ) Occurrence, in the freguesia, of serious disturbance of the public order affecting the genuineness of the suffrage act;

b ) Occurrence, in the assembly or voting section, of any of the disturbances provided for in Article 127 (2) and (3);

c ) Occurrence, in the freguesia, of severe calamity. 2-The operations are only resumed after the president veris the existence of conditions so that they can proceed. 3-Determine the closing of the assembly or voting section and the nullity of the vote to be interrupted this for a period of more than three hours. 4-Determines also the nullity of voting for its interruption when the operations have not resumed until the time of their normal closure, unless they have already voted all the registered voters.

Article 111. Presence of non-voters

The presence in the assembly or voting section of non-voters and electors who are not able to vote, save from representatives of parties or groups of citizens electors participating in the referendum or of media professionals, is prohibited, duly identified and in the exercise of their duties.

Article 112. Closing of the vote

1-A admission of voters in the assembly or voting section is up until 19 pm. 2-After this hour they can only vote for the voters present. 3-The President declares the vote closed as soon as they have voted all the registered voters or, after 19 p.m., as soon as they have voted all the voters present in the assembly or voting section.

Article 113. Postponement of the vote

1-In the cases provided for in Article 107, in Article 108 (2) and in Article 110 (3) and (4), the following rules shall apply, by the respective order:

a ) Realisation of a new vote on the same day of the following week; b ) Realization of the final clearance without taking into account the missing vote, if

it has proved impossible to carry out the vote provided for in the preceding paragraph.

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2-The recognition of the ultimate impossibility of the holding of the vote or its adjournment shall compete with the Representative of the Republic or the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region.

DIVISION II

General mode of voting

Article 114. Voting of the elements of the table and delegates

There is no wrongdoing, they will immediately vote for the president and the vowels of the table, as well as the delegates of the parties and the groups of citizen voters, as long as they find themselves enrolled in the census notebook of the polling assembly.

Article 115. Early votes

1-After having voted the elements of the table, the President proceeds to the open and launch at the ballot box of early votes when they exist. 2-For the purpose of the provisions of the preceding paragraph, the table checks whether the voter is properly enrolled and proceeds to the corresponding discharge in the census notebook, by heading in the column to that intended and on the line corresponding to the name of the voter. 3-Feel the discharge, the President opens the overwrites referred to in Article 119 and withdraws from them the ballot paper, which he introduces at the ballot box.

Article 116. Order of the vote of the remaining voters

1-The remaining voters vote by the order of arrival at the polling assembly, availing themselves for the effect in queue. 2-The members of the desks and the delegates of the parties at other polling stations exercise their right of suffrage as soon as they present themselves, provided that they display the respective alvshall or credential.

Article 117.

How it votes each voter

1-Each voter, presenting himself before the table, indicates the number of enrolment in the census and the name and delivery to the President the identity card or the citizen card, if it has it. 2-In the lack of an identity card or citizen card, voter identification is done by means of any other official document containing up-to-date photography, through two elective citizens who attest, under commitment of honour, to his or her identity or still by unanimous recognition of the members of the table.

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3-Identified the voter, the president says in a loud voice his enrollment number in the census and his name and, after he verified the inscription, deliver him a ballot paper. 4-Then the voter addresses the voting chamber situated in the assembly or vote section and there, alone, points out in relation to each question submitted to the electorate the square enced by the word " Yes " or the square encimed by the word " No " , or don't sign any, and fold up the bulletin in four. 5-Going back to the table, the voter delivers the vote bulletin to the president, who deposits it at the ballot box, while the scrutinators unload the vote, initiating the census notebooks in the column to that intended and on the line corresponding to the name of the voter. 6-If, by inadvertion, the voter deteriorates the bulletin, asks another for the president, giving it back the first. 7-In the case provided for in the preceding paragraph, the president writes in the bulletin returned the 'unusable' note " , item-the and repair it for the purpose of Article 96. º.

DIVISION III

Special voting modes SUDIVISION I

Vote of the disabled

Article 118. Requirements and mode of exercise

1-The voter affected by sickness or notorious physical disability, that the table check that he / she cannot practice the acts described in the preceding article, vote accompanied by another voter per se chosen, which guarantees the trustworthness of expression of his vote and that thank you for absolute secrecy. 2-If the table deliberates that the notoriety of the disease or physical disability does not take place, it requires that it be presented to the act of the attestation vote attestation of the impossibility of the practice of the acts described in the previous article issued by the doctor which exercises powers of health authority in the area of the municipality and authenticated with the seal of the respective service.

SUBDIVISION II Early voting

Article 119.

To whom it is provided l-Can vote in advance:

a ) The military that on the day of holding the referendum is prevented from moving to the assembly of voting by an unrelatable imperative of exercise of its functions;

b ) The agents of forces and services carrying out internal security functions, under the law, as well as firefighters and civil protection officers, who find themselves in a situation analogous to that provided for in the preceding paragraph;

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c ) Maritime and aeronautical workers who, by virtue of their professional activity, find themselves presumably embarked or dislocated on the day of holding the regional referendum;

d) Voters who on the grounds of study or vocational training find themselves enrolled or enrolled in educational establishment located outside the island by where they find census;

e) Voters who by reason of illness find themselves admitted to or presumably admitted to hospital setting and unable to move to the assembly or voting section;

f) The voters who find themselves imprisoned; g) The members who officially represent national selections, organized by

sports federations endowed with sports public utility status and find themselves dislocated abroad, in sports competitions, on the day of the holding of the referendum;

h) All voters not covered by the previous points which, by virtue of the representation of any legal person from the public, private or cooperative sectors, of representative organizations of employees or representative organisations of economic activities, and, still, other voters who, as an imperative arising from their professional duties, find themselves barred from moving to the polling assembly on the day of holding the referendum. 2-Can still vote in advance for students of educational institutions enrolled in establishments located in Autonomous Region or island other than those by which they are enrolled in the electoral census. 3-Can also vote in advance for the following displaced voters abroad:

a) The military, militarized and civilian agents integrated into peacekeeping operations, technical-military cooperation or equiparters;

b) Medical practitioners, nurses and other citizens integrated into humanitarian missions, as such recognized by their respective regional government;

c) The researchers and fellows at university institutions or equips, as such recognized by the relevant ministry;

d) Students who are enrolled in educational institutions or who attend them under exchange programmes;

e) The members of official delegations of the State or of the Autonomous Region; f) The sick voters in treatment abroad, as well as their

chaperones.

4-Can still vote in advance for citizens registered or similar voters, relatives or related persons living with the electors mentioned in the preceding paragraph. 5-Only votes are considered to be received at the seat of the freguish board corresponding to the voting assembly in which the elector was to vote until the day before that of the holding of the regional referendum.

Article 120. Mode of exercise of the right to vote in advance

for professional reasons

1-Any elector who is under the conditions laid down in the paragraphs a) , b), c), g) and (h) of the para. 1 of the previous article may address the mayor of the municipality in whose area it is found

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census, between the 10 th and the 5 th day before the referendum, manifesting their willingness to exercise the right of suffrage in advance. 2-The voter identifies itself in the manner identical to that provided for in Article 117 (1) and (2) and makes evidence of the impediment invoked through document signed by its hierarchical superior, by the employer or another that proves sufficiently the existence of the impediment to the normal exercise of the right to vote. 3-The mayor of the city hall delivers to the voter a ballot paper and two overwriting. 4-One of the envelope, of white colour, is intended to receive the voting newsletter and the other, of blue colour, to contain the previous envelope and the supporting document referred to in paragraph 2. 5-The voter fills out the bulletin under conditions that guarantee the voting secret, bends it into four and introdu it into the white-coloured envelope, which closes properly. 6-Then the white colour envelope is introduced in the blue colour envelope together with the said document proving, being the blue envelope closed, lacquered and signed on the reverse, legibly, by the mayor of the city hall and by the voter. 7-The mayor delivers to the voter receipt voucher for the exercise of the right to vote, model annex to this law, of which they construct their name, residence, identity card number or citizen's card, and voting assembly which it belongs to, as well as the respective inscription number in the census, being the document signed by the mayor and authenticated with the white stamp or seal of the municipality. 8-The mayor draws up a record of the operations carried out, in it expressly mentioning the name, the enrolment number and the freguesia where the voter is registered, sending copy of it to the assembly of intermediate clearance. 9-The mayor sends, by the insurance of the mail, the blue envelope to the table of the assembly or voting section in which he / she should exercise the right of suffrage, to the care of the respective freighter board, up to the 4º day before that of the holding of the referendum. 10-A freguesia board refers the votes received to the chair of the voting assembly desk by the time provided for in Article 106º (1) 11-The parties and groups of citizens voters intervening in the campaign for the referendum may nominate, in the general terms, delegates to scrutinize the operations referred to in paragraph 1 a to 8.

Article 121.

Mode of exercise of the right to vote by students

1-Any voter who is under the conditions laid down in the paragraph d) of Article 119 (1) may apply, by electronic means or by postal means, to the mayor of the municipality in which to find census, until the 20 the day prior to the holding of the referendum, the documentation necessary for the exercise of the right to vote by sending copies of your citizen card or identity card and card or voter certificate, by putting together document proving the impediment invoked.

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2-The supporting document of the impediment of the voter consists of a statement issued by the direction of the educational establishment attesting to its admission or frequency. 3-The speaker of the chamber sends, by registered mail with notice of receipt, until the 17 th day prior to the holding of the referendum:

a) To the voter, the documentation necessary for the exercise of the right to vote, accompanied by the documents sent by the voter;

b) To the mayor of the municipality where they find voters under the conditions set out in paragraph 1, the nominal relationship of the said voters. 4-The parties and groups of citizen voters intervening in the referendum campaign may nominate, in the general terms until the 14 the day before the referendum was held, delegates to scrutinize the operations referred to in the previous figures. 5-A The students ' vote will be held in the Paths of the municipality of the municipality in which the respective educational establishment is located, on the 9 the day before the referendum was held, between 9 and 19 pm, under the responsibility of the President of the municipal chamber, or councillor by it designated, complying with the provisions of paragraph 3, 4, 5, 6 to 7 and 8 of the previous article. 6-The mayor sends, by the mail insurance, the blue envelope to the table of the voting assembly in which the voter should exercise the right of suffrage, to the care of the respective freighter board, up to the 7º day before that of the holding of the referendum. 7-A The recipient of the receiving balmy of the votes received refers them to the chairman of the voting assembly table by the time provided for in Article 106 (1).

Article 122.

Mode of exercise by patients and inmates

1-Any voter who is under the conditions laid down in points (e) ) and f ) of Article 119 (1) may require, by electronic means or by postal means, to the mayor of the municipality in which to find census, until the 20 the day before that of the referendum, the documentation necessary for the exercise of the right to vote, by sending copies of your citizen card or identity card and card or voter certificate, by joining document proving the impediment invoked, passed by the attending physician and confirmed by the direction of the hospital establishment or document issued by the director of the prison establishment, as per the cases. 2-The mayor referred to in the preceding paragraph send, by registered mail with notice of receipt, until the 17 the day before that of the referendum:

a) To the voter, the documentation necessary for the exercise of the right to vote, accompanied by the documents sent by the voter;

b) To the mayor of the municipality where they meet electors under the conditions set out in paragraph 1, the nominal relationship of the said voters and the indication of the hospital or prison facilities covered. 3-The mayor of the municipality where the hospital or prison establishment is located in which the voter finds himself admitted, until the 16 the day before that of the

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referendum, parties and groups of citizen voters actors in the campaign for the referendum, for fulfillment of the purposes set out in Article 120 (11), giving notice of which establishments where the early vote takes place. 4-A The appointment of delegates from the parties and representatives of the citizen groups of voters should be passed on to the speaker of the chamber until the 14 th day before the referendum. 5-Between the 10 and the 13 th day before the referendum the mayor of the city hall in whose area is situated the hospital or prison establishment with voters under the conditions of paragraph 1, on the day and time previously announced to the respective director and the delegates of justice, it shifts to the same establishment in order to be given compliance, with the necessary adaptations dictated by the constraints of the hospital or prison regimes, to the provisions of paragraph 4, 5, 6, 7, 8 and 9 of the article 120º. 6-The mayor may exceptionally make himself replaced, for the effect of the due diligence provided for in the preceding paragraph by any councillor in the municipality, duly accredited. 7-A The addressable freguery board of the votes received gives compliance with the provisions of Article 120 (10).

Article 123. Mode of exercise of the right to vote in advance by voters

displaced abroad

1-Any voter who is under the conditions laid down in Article 119 (3) and (4), may exercise the right of suffrage between 12 day and 10 day before the day of the holding of the referendum, together with diplomatic, consular or in-the- external delegations of Portuguese ministries and institutions previously defined by the Representative of the Republic or the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Act for the Assembly Legislative of the Region, in coordination with the Ministry of Foreign Affairs, in the terms provided for in Article 119, being the intervention of the chairman of the municipal chamber of the competence of the diplomatic official designated for the purpose, to whom it is up to refer to the electoral correspondence by the most expedient route to the respective freguish joint. 2-In the case of the voters mentioned in the ( a) and b) of Article 119 (2), the Ministry of Foreign Affairs, if it recognizes the impossibility of its displacement to the places referred to in the preceding paragraph, designates a diplomatic official, who proceeds to the collection of the correspondence concerning the act referendums, in the period mentioned above. 3-The operations referred to in the preceding paragraphs may be scrutinised by the delegates of the parties and of representatives of the groups of citizens voters intervening in the referendum campaign to nominate until the 16 the day before that of the referendum.

SECTION IV Guarantees of freedom of suffrage

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Article 124. Doubts, complaints, protests and countervaprotests

1-In addition to the delegates of the parties and groups of citizens voters intervening in the referendum campaign, any voter belonging to a polling assembly can raise doubts and present in writing complaints, protests and countervaprotives relating to the operations of the same assembly and to instruct them with the convenient documents. 2-A The table cannot refuse to receive the complaints, the protests and the counter-tests and should initiate them and apse them to the minutes. 3-The complaints, the protests and the contraproters have to be the subject of deliberation of the table, which can take it at the end if it is understood that this does not affect the normal progress of the vote. 4-All the deliberations of the table are taken by an absolute majority of the members present and grounded, having the President vote of quality.

Article 125. Police of the assembly vote

1-Compete to the president of the table, coadjured by the vowels, ensure the freedom of the voters, maintain order and in general regulate the police of the assembly, adopting to the effect the necessary arrangements. 2-Are not admitted to the voting assembly the voters who are manifestly present under the effect of alcohol or narcotic drugs, or who are carriers of any weapon or instrument capable of how this is used.

Article 126. Prohibition of propaganda

1-Any propaganda within the polling stations is prohibited, and out of them up to the distance of 500 metres. 2-Per propaganda is also understood to be the display of symbols, siglas, signs, badges or stickers of any parties, groups of citizens voters or representative of positions taken in the face of the referendum.

Article 127. Prohibition of presence of security forces and cases in which they may appear

1-In places where meeting the polling stations and within a radius of 100 metres is prohibited, the presence of security forces is prohibited, except in the cases provided for in the following numbers. 2-When it is necessary to end any rioting or obstinate any aggression or violence within the building of the polling assembly or in its proximity, and still in case of disobedience to its orders, may the chairman of the bureau, consult this, request the presence of security forces, mentioning in the minutes of the operations the reasons and the period of the respective presence.

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3-When the commander of the security forces verifies the existence of strong evidence that it is exerted on the members of the table coaction physical or psychic that prevents the president from making the requisition, he / she may present himself to this on his own initiative, but must withdraw as soon as by the president or by whom the replacement is determined to him. 4-When you understand it necessary, the commander of the security force may visit, disarmed and for a maximum period of ten minutes, the voting assembly, in order to establish contact with the chair of the bureau or with whom he replaces it.

Article 128. Duties of media professionals

The media professionals who in the exercise of their duties looses to the polling stations cannot:

a) Harvest images or approach the voting chambers in such a way that it can compromise the secrecy of voting;

b) Obtain, within the voting assembly or in its exterior, up to the distance of 500 metres, other reporting elements that may also compromise the secrecy of voting;

c) Disturb in any way the act of the vote.

Article 129.

Dissemination and publication of news and news reports

The news, images or other elements of reporting collected at the polling stations, including the results of the partial clearance, can only be disseminated or published after the closure of all polling stations.

CHAPTER V Clearance

SECTION I Partial clearance

Article 130.

Preliminary operation

Closed the vote, the Speaker of the voting assembly proceeds to the counting of the bulletins that have not been used, as well as from the unusable by the voters and closes them with the necessary specification in own envelope that closes and laces for the effect of Article 96.

Article 131. Counting of voting and voting bulletins

1-Completed the preliminary operation, the president sends the number of the voters by the discharges carried out in the census notebooks. 2-Then it sends to open the urn in order to confer the number of ballot papers entered and, at the end of the count, goes back to introduce them to it.

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3-In the event of a divergence between the number of the established voters and that of the counted ballot papers prevails, for the purpose of clearance, the second of these figures. 4-From the number of ballot papers counted is given immediate public knowledge through edital that the president reads aloud and sends affix to the door of the polling assembly.

Article 132. Counting of votes

1-One of the scrutinators unfolds the bulletins, one by one, and announces aloud what the answer to each of the questions submitted to the electorate. 2-The other scrutinizer records on a white sheet or, preferably, in a well-visible framework, and separately, the answer attributed to each question, the blank votes and the void votes. 3-Concurrently, the ballot papers are examined and displayed by the President, who, with help from one of the vowels, groups them in separate batches, corresponding to the votes validly cast, to the blank votes and to the void votes. 4-Terminated the operations provided for in the preceding paragraphs, the President proceeds to the contrapproving of the bulletins of each of the separate batches and by the verification of the requirements set out in paragraph 2.

Article 133.

Valid votes

Excepted the votes referred to in the following articles, the votes in which the voter is correctly marked the answers to one or more of the questions formulated shall be deemed valid.

Article 134. Vote in white

The corresponding vote shall be deemed to be the corresponding to a ballot paper which does not contain any sign.

Article 135. Vote null

1-null vote is considered, in the touching of any of the questions, the corresponding to the newsletter:

a ) In which it has been pointed out more than one square corresponding to the same question;

b ) In which there are doubts as to the squared mark; c ) In which any cut, drawing or rasura has been made; d ) In which any word has been written.

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2-It does not consider itself to be voting void that of the ballot paper in which the cross, although not perfectly drawn or exceeding the boundaries of the square, unequivocally marks the will of the voter. 3-It is also considered to be the vote to void the early vote when the envelope with the ballot paper does not arrive at its destination under the conditions laid down in Articles 120 to 123 or is received in overwriting that is not adequately closed.

Article 136. Rights of delegates from parties and groups of citizen voters

1-After the operations provided for in Articles 131 and 132, the delegates of the parties and groups of citizens voters have the right to examine the batches of the separate bulletins, as well as the corresponding registrations, without changing their composition and, in the if they have any doubts or objections to the count or qualification given to the vote of any newsletter, they have the right to request clarification or to file complaints or protests before the President. 2-If the complaint or protest is not served by the table, the voting bulletins claimed or protested are separate, noted in the verse with indication of the qualification given by the table and the object of the complaint or protest and initialed by the President from the table and by the delegate of the party or group of citizens. 3-A The complaint or unmet protest does not prevent the counting of the ballot paper for partial clearance effect.

Article 137. Edital of the partial clearance

The clearance is immediately published by edital affixed to the door of the voting-assembly building in which they discriminate against the number of affirmative or negative answers to each question, the number of blank votes and the void votes.

Article 138. Communication for the purpose of provisional ballot

1-Presidents of the desks of the polling stations shall immediately communicate to the freguery board or to the entity for this purpose designated by the Representative of the Republic or by the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Law for the Legislative Assembly of the Region, the elements set out in the edict set out in the preceding paragraph. 2-A the entity to whom the communication is made the results of the referendum in the freguesia and communicates them immediately to the Representative of the Republic or to the member of the regional government with competence in electoral matters, as per the electoral law of the respective Region. 3-The Representative of the Republic or the member of the regional government with competence in electoral matters, convees the results as per the provisions of the Electoral Act for the Legislative Assembly of the Region.

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Article 139. Fate of the bulletins of null votes or object of complaint or protest

The bulletins of void votes or on which there has been complaint or protest are, after initialed, referred to the general clearance assembly with the documents concerning them.

Article 140. Fate of the remaining bulletins

1-The remaining voting bulletins, properly packaged and sealed, are entrusted to the guard of the comarch's right judge. 2-Seen the deadline for interacting the contentious resources, or definitively decided these, the judge promotes the destruction of the bulletins.

Article 141.

Minutes of voting and clearance operations

1-Compete to the secretary of the table to make the minutes of the minutes of the voting and clearance operations. 2-Of the minutes shall appear:

a ) The enrolment numbers in the census and the names of the members of the table and of the delegates of the parties and groups of citizen voters actors;

b ) The place of the voting assembly and the time of opening and closing; c ) The deliberations taken by the table during the operations; d ) The total number of registered voters, that of voting voters and that of non-voting; and ) The enrolment numbers in the census of the voters who voted for

anticipation; f ) The number of affirmative or negative answers obtained by each question; g ) The number of blank answers to each question; h ) The number of fully blank votes and that of void votes; i ) The number of ballot papers on which there is an incidental complaint or protest; j) The differences of counting, if they have existed, referred to in Article 3 (3)

131. with accurate indication of the noted differences; l ) The number of complaints, protests and counterweight apensos to the minutes; m ) Any other occurrences that the table judges duty to mention.

Article 142.

Submission to the general clearance assembly

In the 24 hours following the vote, the chairpersons of the polling stations deliver personally against receipt, or refer to the insurance of the mail, the minutes, the notebooks and too many documents relating to the referendum to the president of the clearance assembly general.

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SECTION II General clearance

Article 143.

General clearance assembly

The general clearance of the results of the referendum shall compete for an assembly to be constituted in the Autonomous Region in which the regional referendum is held, in the building for the purpose designated by the Representative of the Republic or by the member of the regional government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region.

Article 144. Composition

They make up the general clearance assembly: a ) The presiding judge of the Angra judicial circle of Heroism or the judge of the 1º Cable Judgement of the Comarch of the Funchal, depending on the Region to which it concerns the referendum, which presides over, with a vote of quality; b ) Two jurists chosen by the president; c ) Two professors of mathematics who teach in the Autonomous Region, designated by the Representative of the Republic or by the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region; d ) Nine voting assembly chairpersons appointed by the Representative of the Republic or by the member of the Regional Government with competence in electoral matters, as per the provisions of the Electoral Act for the Legislative Assembly of the Region; and ) A judicial secretary, who would secretion without a vote, designated by the president.

Article 145. Rights of parties and groups of citizen voters

The representatives of the parties and groups of citizens voters intervening in the referendum campaign have the right to attend, without a vote, to the proceedings of the general clearance assemblies, as well as to lodge complaints, protests or contraprotested.

Article 146.

Constitution of the general clearance assembly

1-A The general clearance assembly shall consist of up to the forearm of the day of the holding of the referendum. 2-From the constitution of the assembly gives its immediate president public knowledge by means of edital to affix to the door of the court building where it should work.

Article 147. Status of members of the general clearance assemblies

1-It shall apply to citizens who are part of the general clearance assemblies the provisions of Article 89.

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2-Citizens who are part of the general clearance assemblies shall enjoy, during the period of the respective operation, the right provided for in Article 81, provided that they prove the exercise of functions through document signed by the President of the assembly.

Article 148. Contents of the general clearance

The general clearance consists:

a ) In the verification of the total number of registered voters; b ) On the verification of the total numbers of voting and non-voting in the area to which

respects the clearance, with the respective percentages in respect of the total number of enrolled;

c ) In the verification of the total numbers of blank votes, void ballots and validly cast ballots, with the respective percentages in respect of the total number of voting;

d ) In the verification of the total numbers of affirmative and negative answers to the questions submitted to the electorate, with the respective percentages in respect of the total number of votes validly cast;

and ) In the verification of the number of blank responses in relation to each question, with the corresponding percentages relative to the total number of the respective voters.

Article 149. Realization of operations

1-A The general clearance assembly starts operations at 9 pm on the 2. the day after the referendum is held. 2-In the event of a postponement or declaration of nullity of the vote in any voting assembly, the general clearance assembly meets on the 2 th day following that of the vote to complete the clearance operations.

Article 150. Elements of the general clearance

1-The general clearance is made on the basis of the minutes of the operations of the polling stations, the census notebooks and the remaining documents that accompany them. 2-If the elements of some voting assembly are lacking, the general clearance starts on the basis of the elements already received, and the President designates new meeting, within the following forty-eight hours, to conclude the proceedings, taking in the meantime the necessary arrangements for the lack to be repaired. 3-The general clearance may be based provisionally on electronic communication or by fax transmitted by the chairpersons of the municipal chambers.

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Article 151. Re-examination of the results of the partial clearance

1-At the beginning of their proceedings the general clearance assembly shall decide on the ballot papers in respect of which there has been a claim or protest and checks the ballot papers deemed void, reappreciating them second uniform criterion. 2-As a function of the outcome of the operations provided for in the preceding paragraph the assembly corrects, where appropriate, the clearance of the respective assembly of voting.

Article 152.

Proclamation and publication of the results 1-A The proclamation and publication of the results are done until the 12 th day after the vote. 2-The results of the general clearance are proclaimed by the President and then published by means of edital affixed to the door of the building where the assembly operates.

Article 153.

Minutes of general clearance

1-Of the general clearance it is immediately washed minutes that the results of the respective operations, the complaints, the protests and the counterweight presented in the terms of Articles 124 and 136, as well as the decisions on them have been relished. 2-In the two days after the general clearance is completed, the President sends, by the insurance of the mail, two copies of the minutes to the National Election Commission.

Article 154.

Destination of documentation

1-The census notebooks and too much documentation present to the general clearance assembly, as well as the minutes of this, are entrusted to the guard and liability of the court on whose registered office that has worked. 2-Terminated the term of contentious appeal or decided upon the appeals that have been filed, the court proceeds to the destruction of all documents, with the exception of the minutes of the polling stations and the minutes of the clearance assemblies.

Article 155. Certificates or photocopies of the act of general clearance

The parties and groups of citizen voters intervening in the campaign for the referendum are issued by the court's office, within three days, provided that they require it, certifing or photocopies of the general clearance minutes.

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Article 156. Map of the results of the referendum

1-A-The National Election Commission draws up an official map with the results of the regional referendum that they build:

a ) Total number of registered voters; b ) Total numbers of voting and non-voting, with the respective percentages

relative to the total number of enrolled; c ) Total numbers of validly cast ballots, of blank votes and votes

nulls, with the respective percentages in respect of the total number of voters; d ) Total number of affirmative and negative answers to each question submitted to the

electorate, with the respective percentages in respect of the total number of votes validly cast;

and ) Total number of blank responses in relation to each question, with the respective percentages relatively to the total number of voters. 2-A-The National Election Commission publishes the map in the 1 th series of the Journal of the Republic , in the eight days subsequent to the receipt of the general clearance minutes.

SECTION III Clearance in the case of postponement or nullity of the vote

Article 157.

Special rules of clearance

1-In the case of postponement of any vote pursuant to Rule 113, the general clearance is carried out not taking into consideration the missing assemblies. 2-In the hypothesis provided for in the preceding paragraph, the general clearance assembly convene on the day after the vote to complete the clearance. 3-A The proclamation and the publication pursuant to Rule 152 take place on the day of the last meeting of the general clearance assembly. 4-The provisions of the preceding paragraphs shall apply in the event of a declaration of nullity of any vote.

CAPITCHAPTER VI

Litigation of the vote and the clearance

Article 158. Assumptions of the contentious appeal

1-The irregularities that occurred in the course of voting and partial or general clearance operations may be assessed in appeal, provided that they have been the subject of a claim or protest submitted in writing in the act in which they have occurred. 2-Of the irregularities that occurred in the course of voting or partial clearance can only be brought into a contentious appeal if it was also in advance appeasable appeal, before the general clearance assembly, on the 2 th day after that of the holding of the referendum.

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Article 159. Legitimacy

From the decision on the complaint, protest or contraprotive may appeal, in addition to the respective presentable, the delegates or representatives of the parties and groups of citizen voters intervening in the referendum campaign.

Article 160.

Competent court and deadline

The contentious appeal is interposed, the day after that of the edital's affixing containing the results of the clearance, before the Constitutional Court.

Article 161.

Process

1-A The appeal petition specifies the respective grounds of fact and law and is accompanied by all the evidence. 2-A The interposition and rationale can be made by electronic means or fax, without prejudice to the further sending of all the evidence. 3-Representatives of the remaining parties and groups of citizen voters involved in the campaign for the referendum are immediately notified to respond, wanting, within one day. 4-The Constitutional Court decides definitively in plenary within two days of the expiry of the period set out in the preceding paragraph, immediately communicating the decision to the National Election Commission and the Representative of the Republic or to the member of the Regional Government with competence in electoral matters, as per the provisions of the Election Act for the Legislative Assembly of the Region. 5-It shall apply to the litigation of the voting and clearance the provisions of the Code of Civil Procedure as to the declarative process, with the necessary adaptations.

Article 162. Effects of the decision

1-A voting in any voting assembly is only judged null and void when it haves verified illegalities that could influence the overall result of the referendum. 2-Declared the nullity of voting in one or more polling stations, the corresponding operations are repeated on the 2. Sunday after the decision.

CAPITCHAPTER VII

Public expenditure relating to the referendum

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Article 163. Scope of expenditure

They constitute public expenditure relating to the referendum the public charges resulting from the acts of organizing and bringing about the voting process, as well as the disclosure of elements with these related.

Article 164. Regional and central expenditure

1-The expenditure is regional and central. 2-Constituate regional expendities, those carried out by the bodies of the Autonomous Regions or by any other entity at the regional level. 3-Constituent central expenditure, those carried out by the National Election Commission, by the Directorate General of the Internal Administration or other services of the central administration in the exercise of its tasks.

Article 165. Extraordinary work

Work on the effectivation of the referendum that should be performed by officials or agents of the Regional Public Administration beyond the respective normal period of work are remunerated, under the current law, as work extraordinary.

Article 166. Assignment of tasks

In the event that tasks are assigned to the entity not bound by the Public Administration, the respective remuneration takes place in the measure of the work provided, under the law.

Article 167. Payment of expenses

Regional and local expendities, within the framework of the municipalities ' competences, are met by monies subject to the enrollment in the budget of the respective Autonomous Regions.

Article 168. Expenses with displacements

1-The displacements carried out by individuals not bound by the Public Administration in the performance of duties so that they have been legally designated in the context of the efection of the referendum shall be subject to the applicable legal regime, in this matter, to the public servants. 2-The payment to be made, by way of cost aid, by the offsets referred to in the preceding paragraph shall be carried out on the basis of the established for the category of senior technical officer of the public administration.

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Article 169. Transfer of appropriations

1-The Regional Government participates in the expenditure to which it is to rent Article 167 by transferring appropriations from the Region budget to the municipalities. 2-The amounts to be transferred to each municipality are calculated according to the following formula: Montant to transfer = V + a x And + b x F in which V is the minimum amount, in euros, by municipality, And the number of voters per municipality, F the number of freguesias per municipality and a and b weighting coefficients expressed, respectively, in euros by elector and in euros by freguesia. 3-The values V , a and b are set by regional legislative decree. 4-A allocated to each municipality is consigned to the freguesies of the respective area second criterion identical to that set out in paragraph 2, replacing reference to the municipality by reference to the freguesia and this by assembly of vote, but the municipalities can book for you up to 30% of the respective amount. 5-A The sum provided for in the preceding paragraph is transferred to the municipalities up to 20 days before the start of the campaign for the referendum and these for the freguesters within 10 days of the date on which it was made available to the said municipality.

Article 170. Dispensation of legal formalisms

1-In the realization of expenditure relating to the effectivation of referendum is dispensed with the precedence of formalities which show themselves incompatible with the deadlines and the nature of the work to be carried out and which are not of a purely accounting character. 2-A dispensation referred to in the preceding paragraph effective-if by dispatch of the entity responsible for the management of the budget by which the expenditure is to be borne.

Article 171.

Duodecimal regime

The realization of expenditure on account of appropriations designed to bear public charges with the efective of referendum is not subject to the duodecimal scheme.

Article 172. Cost of use

The State compenses for, pursuant to the provisions of the Electoral Laws for Legislative Assemblies of the Autonomous Regions:

a) informative publications; (b) Public and private stations for radio and television by the use provided for in the article

41.

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Article 173. Exemptions

They are exempt from any fees or emoluments, or from any tax:

a ) Any applications, including judicial ones, relating to the efection of a referendum;

b) Notarial recognitions in documents for the purpose of referendum; c ) Forensic searches to be used in claims and resources provided for in the present

law, and shall specify the purpose for which they are intended; d) All documents intended to instructor any complaints, protests or

contraprotesting before the polling or intermediate or general clearance assemblies, as well as any claims or appeals provided for in the Act;

and ) The certificates relating to the clearance.

CAPITV VIII Illicit relative to the referendum

SECTION I General principles

Article 174.

Aggravating circumstances

They constitute aggravating circumstances of the illicit relative to the referendum:

a ) To influence the offence in the outcome of the vote; b ) Being the offence committed by agent with intervention in acts of referendum; c ) To be the offence committed by a member of the census commission; d ) Be the offence committed by a member of the voting assembly table; and ) Being the offence committed by a member of assembly of clearance; f) Be the offence committed by representative or delegate of political party or

group of citizens.

SECTION II Criminal illicit

DIVISION I General provisions

Article 175.

Punishment of the attempt

The attempt is always punishful.

Article 176. Penalty accessory for suspension of political rights

To the practice of crimes relating to the referendum may correspond, in addition to the penalties specially provided for in this Law, sentence incidental punishment, from six months to five years, of the rights laid down in Articles 49, 50, 52 (1), 124, para. 1, and 207 of the Constitution, attentive to the concrete gravity of the fact.

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Article 177. Incidental penalty of resignation

To the practice of crimes relating to the referendum by public servant in the performance of his duties may correspond, regardless of the measure of the penalty, the incidental penalty of resignation, where the crime has been practiced with flagrant and serious abuse of the duties or with manifest and serious violation of the duties attached to them, attentive to the concrete gravity of the fact.

Article 178. Right of constitution as an assistant

Any political party or group of citizens may constitute an assistant in criminal proceedings concerning the regional referendum.

DIVISION II Crimes pertaining to the campaign for referendum

Article 179.

Violation of the duties of neutrality and impartiality

Who, in the performance of their duties, infringe the duties of neutrality or impartiality, set out in Article 40, shall be punished with imprisonment for up to two years or penalty of a fine of up to 240 days.

Article 180. Improper use of denomination, acronym or symbol

Who, during the campaign for referendum, with the aim of damaging or injurious, use denomination, acronym or symbol of any party, coalition or group of citizens is punished with imprisonment for up to one year or penalty of a fine of up to 120 days.

Article 181. Violation of freedom of assembly and demonstration

1-Who, by means of violence or participation in rioting, disorder or vozearia, severely disrupt meeting, rally, rally, or propaganda parade is punished with imprisonment for up to one year or penalty of fine up to 120 days. 2-Who, in the same way, prevent the achievement or continuation of meeting, rally, demonstration or parade is punished with imprisonment for up to two years or penalty of a fine of up to 240 days.

Article 182.

Damage in advertisement material

1-Who to steal, theft, destroy, tear, disappear or by any way unutilise or render unreadable, in whole or in part, propaganda material or put on top of it any other material is punished with imprisonment for up to one year or penalty of fine up to 120 days.

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2-The facts provided for in the preceding paragraph shall not be punished if the material has been affixed at home or in the establishment of the agent, without consent of this, or when it contains manifestly outdated matter.

Article 183.

Deviation of correspondence

The employee of the post office who disrouses, retains or does not deliver to the circular recipient, posters or other means of advertisement is punished with imprisonment of six months to three years or penalty of a fine of 60 a to 360 days.

Article 184. Advertisement on the day of the referendum

1-Who on the day of the referendum makes propaganda by any means is punished with fine of € 50 a € 250. 2-Who on the day of the referendum makes propaganda in assembly vote or in your immediate vicinity up to 500 metres is punished with imprisonment for up to six months or penalty of a fine not less than 60 days.

DIVISION III Crimes relating to the organisation of the voting process

Article 185.

Deviation of voting bulletins

Who to subtract, retain or prevent the distribution of ballot papers or by any means to contribute so that these do not reach their destination in the legally established time is punished with imprisonment of six months to three years or penalty of fine not less than 60 days.

DIVISION IV Crimes relating to suffrage and clearance

Article 186.

Fraud in an act of referendums

Who, in the course of the referendum's efection:

a ) If you present fraudulently to vote by taking the identity of the registered voter; b) Voting for more than one polling assembly, or more than once in the same

assembly or in more than one ballot paper, or act in any way that leads to a false finding of scrutiny;

c ) Distort the clearance, publication or official minutes of the outcome of the vote; it is punished with imprisonment for up to two years or with penalty of a fine of up to 240 days.

Article 187.

Violation of the secrecy of voting

Who, in a voting assembly or in their immediate vicinity up to 500 metres:

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a) Use of coating or fraudulent artifice of any nature or if it will serve your

upward on voter to get the disclosure of the vote of this is punishable with imprisonment up to one year or with penalty of fine up to 120 days;

b) Revealing how you voted or will vote is punishable by fine from 50 a to € 250. c) Der to hear knowledge of the voting sense of a voter is punishable by cofine

from 50 a to € 250. Article 188.

Admission or abusive exclusion of the vote

Voting assembly desk members who contribute so that they are admitted to voting who is not entitled to suffrage or may not exercise it in that assembly, as well as those who contribute to the exclusion of whoever has it, are punished with penalty of imprisonment up to two years or with penalty of fine up to 240 days.

Article 189. Non-facilitation of the exercise of suffrage

Those responsible for the services or companies in business on the day of holding the referendum that refuse their respective officials or workers dispensing for long enough to be able to vote are punished with imprisonment for up to one year or with penalty of fine up to 120 days.

Article 190. Impediment to suffrage for abuse of authority

The agent of authority who abusively, on the day of the referendum, under any pretext, makes it out of his domicile or withholds outside of him any voter so that he cannot vote is punished with imprisonment for up to two years or with penalty of a fine of up to 240 days.

Article 191. Abuse of functions

The citizen vested with public power, the official or agent of the State or other public legal person and the minister of any worship who is abusively serving the duties or the office to embarrass or induce voters to vote or to leave from voting in a certain sense are punishable by imprisonment up to two years or with penalty of a fine of up to 240 days.

Article 192. Coaction of voter

Who, through violence, threatening violence or serious harm, embarrassing voter voting, preventing him from voting or forcing him to vote in a certain sense is punishable by imprisonment up to five years, if more serious penalty does not fit him by force of another legal provision.

Article 193. Coaction on employment

Who to apply or threaten to apply to a citizen any penalty in employment, notably dismissal, or to prevent or threaten to prevent from obtaining employment in order to vote or cease to vote or because they voted in a sense, or still because they participated or not

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has participated in campaigning for the referendum, is punished with imprisonment for up to two years or with penalty of a fine of up to 240 days, without prejudice to the nullity of the sanction and automatic readmission in employment if the dismissal has come to effect.

Article 194. Voter fraud and corruption

1-Whoever, upon fraudulent artifice, leads him to vote, prevent him from voting, leads him to vote in a certain sense or to buy or sell vote is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days. 2-In the same penalties it incurs the accepting voter of benefit arising from transaction of your vote.

Article 195. Non-assumption, non-exercise or abandonment of duties in assembly of voting or

clearance

Whoever is designated to be part of voting assembly desk or as a member of general clearance assembly and without cause justification not to assume, not exercise or abandon those duties, is punished with imprisonment for up to one year or with penalty of a fine up to 120 days.

Article 196. Non-display of the urn

The chair of voting assembly who does not display the ballot box before voters is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days.

Article 197. Unfaithful accompaniment

The one who would accompany the act of voting voter affected by illness or physical disability notorious and not to guarantee with allegiance the expression or secrecy of voting is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days.

Article 198. Fraudulent introduction of bulletin at the ballot box or deviation from the ballot box or ballot paper

Whoever fraudulently introduces ballot paper in the ballot box before or after the start of the vote, will seize the ballot box with the ballot papers on it collected but not yet ascertained or whether to seize one or more ballot papers at any time, since the opening of the voting assembly until the general clearance of the referendum, it is punished with imprisonment up to three years or with penalty of fine up to 360 days.

Article 199.

Frauds practiced by member of the polling assembly table

The member of the voting assembly desk who appoints or consents to note discharge note in voter who did not vote or other than the apuser in voter who has voted, who makes unfaithful reading of ballot paper or answer to any question, which decrease or add

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vote for a response in the clearance or that in any way to distort the truth of the referendum is punished with imprisonment up to two years or with penalty of a fine of up to 240 days.

Article 200.

Obstruction of supervision

Who to prevent the entry or exit at assembly of vote or clearance of any party delegate or group of intervening citizens in campaign for referendum, or by any means to try to oppose the powers conferred by the present law, is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days.

Article 201. Refusal to receive complaints, protests or contraprotested

The president of polling or clearance assembly desk who illegitimately refuses to receive complaint, protest or contraprot is punished with imprisonment for up to two years or with penalty of fine up to 240 days.

Article 202.

Disturbance or impediment of the assembly of vote or clearance

1-Who, by means of violence or participating in rioting, disorder or vozearing, impeding or severely disrupting the achievement, functioning or clearance of voting or clearance assembly results is punished with imprisonment up to three years or with penalty of fine. 2-Whoever enters armed voting or clearance assembly, not belonging to the duly authorized public force, is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days.

Article 203. Undue presence in assembly of vote or clearance

Who during voting or clearance operations to introduce themselves to the respective assembly without being entitled to do so and refusing to leave, after subpoenaed to do so by the president, is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days.

Article 204. Non-comparency of the security force

The security force commander who unjustifiably fails to carry out the duties arising from Article 127 is punished with imprisonment for up to one year or with penalty of a fine of up to 120 days.

Article 205. Falsification of bulletins, minutes or documents relating to referendum

Who dolly alter, conceal, replace, destroy or suppress, by any means, ballot paper, minutes of assembly vote or clearance or any document

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concerning referendum operations is punished with imprisonment for up to two years or with penalty of a fine of up to 240 days.

Article 206. Deviation from early voting

The mail employee who departs, retains or does not deliver to the early voting freguesia board, in the cases provided for in this law, is punished with imprisonment for up to two years or with penalty of a fine of up to 240 days.

Article 207.

False attestament of disease or physical disability

The doctor who attests falsely illness or physical disability is punished with imprisonment for up to two years or penalty of a fine of up to 240 days.

Article 208. Aggravation

The penalties provided for in the articles in this section are aggravated by one third in its minimum and maximum limits if the agent has intervened in acts of referendum, for a member of the census committee, of section or assembly of vote or assembly of clearance, for delegated political party or group of citizens to the committee, section or assembly or if the offence influences the outcome of the vote

SECTION III Illicit of mere social ordering

DIVISION I General provisions

Article 209. Competent bodies

It is incumbent on the National Election Commission, with recourse to the Criminal Section of the Supreme Court of Justice, to apply the fines to counter-ordinations related to the efective of referendum committed by political party or group of citizens, by company of media, advertising, surveys, or showroom owner-room.

Article 210. Allocation of the product of the fines

The product of the fines corresponding to counter-ordinations provided for by this Law shall be affected as follows:

(a) 40% for the State; (b) 60% for the Autonomous Region in which the regional referendum takes place.

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DIVISION II Counter-ordering relating to the campaign

Article 211.

Meetings, rallies or illegal parades

Who to promote meetings, rallies, demonstrations or parades in contravention of the provisions of this Law shall be punished with fine of € 498.80 a € 2 493.98.

Article 212º

Violation of rules on sound or graphic advertisement

Whoever makes sound or graphic advertisement with violation of the provisions of this Law shall be punished with fine of € 49.88 a € 498.80.

Article 213. Illicit commercial advertising

The company that makes commercial advertisement with violation of the provisions of this Law shall be punished with fine from € 2 493.98 a € 14 963.94.

Article 214.

Violation of duties by informative publication

The proprietary informative publishing company that does not carry out communications relating to the campaign for the referendum provided for in this Act or that does not give equal treatment to the various parties and groups of citizens voters is punished with a coima from 997.59 a to € 9 975.96.

DIVISION III Counter-ordering relating to the organisation of the voting process

Article 215.

Non-invocation of impediment

The one who does not take up duties as a voting assembly member by hindrance that does not invoke, and may do so, immediately after the occurrence or knowledge of the impeditive fact, is punished with fine of € 99.75 a € 498.80.

DIVISION IV Counter-ordinances regarding suffrage and clearance

Article 216.

Non-opening of public service

The member of the freguesia board and the person responsible for health centre or place equated that does not open the respective services on the day of holding the referendum is punished with fine of € 49.88 a € 997.59.

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Article 217. Non-presentation of member of voting assembly at the legally fixed hour

The voting assembly desk member who does not perform at the site of its operation up to one hour before the scheduled time for commencement of operations is punishable with fine of € 49.88 a € 249.39.

Article 218. Failure to comply with formalities by a member of the voting assembly or

clearance assembly

The voting or clearance assembly desk member who fails to comply or fails to comply, without fraudulent intent, formality legally provided for in this Law shall be punished with fine of € 49.88 a € 249.39.

Article 219.

Non-registration of issue corresponding to the exercise of antenna law

The radio or television station which does not record or fail to file the issue record corresponding to the exercise of the right of antenna is punishable with fine of € 997.59 a € 2 493.98.

Article 220. Failure to perform duties by radio station or television

1-A The proprietary radio or television station company that does not give equal treatment to the various parties and groups of citizens voters intervening in the referendum campaign is punished with fine from € 49 879.78 a € 74 819.68. 2-A The proprietary radio station or television company that fails to perform the duties imposed by Articles 53 (1) and 2 of Article 54, 55º and 56 is punished, for each offence, with fine of:

a) € 498.80 a € 12 469.94, in the case of radio station; (b) € 4 987.97 a € 24 939.89, in the case of television station.

Article 221.

Non-fulfilment of duties by the owner of the show room

The owner of a show room who fails to fulfil his duties relating to the campaign set out in Article 61 (61) and 3, and of Article 62, is punished with fine of € 997.59 a € 2 493.98.

Article 222. Advertisement on the eve of the referendum

The one who the day before the referendum makes propaganda by any means is punished with fine of € 49.88 a € 249.39.

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TITCHAPTER IV Effects of the referendum

Article 223.

Binding effectiveness

The referendum only has binding effect when the number of voters is more than half of the voters enrolled in the census.

Article 224. Duty to act of the Legislative Assembly of the Autonomous Region

If the vote results in an affirmative response of binding effectiveness to the question or questions submitted to the referendum, the Legislative Assembly of the Region shall, within no more than 90 days, approve the regional legislative decree of corresponding sense.

Article 225. Referendum proposals subject to negative response

The proposed referendum negative response of the electorate cannot be renewed in the same legislative session unless new election to the Legislative Assembly of the Autonomous Region.

TITV V

Final and transitional provisions

Article 226. National Board of Elections

The National Election Commission exercises its competences also in relation to the Acts relating to the Regional Referendum.

Article 227.

Supplement law

They shall apply to the Regional Referendum Scheme, as a supplement and with due adaptations, in everything that is not expressly set forth in this Law, the provisions of the Electoral Laws for Legislative Assemblies of the Autonomous Regions of the Azores or Madeira, depending on the geographical scope of the referendum.

Assembly of the Republic, August 4, 2011

The Deputies,

ANTÓNIO FILIPE; BERNARDINO SOARES; JOÃO OLIVEIRA; FRANCISCO LOPES; HONORIUS NEW; BRUNO DIAS; MIGUEL TIAGO; PAULA SANTOS; AUGUSTINE LOPES; RITA RATO;

PAULO SÁ

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Attachments

Credential (as referred to in Article 87 (2))

City Hall of ...

... inscribed in the electoral census of the freguesia of ..., with the n. ... with civil identification n. ..., it is delegated / supplent of ... (1), in the assembly of voting / voting section n. ... of the freguesia of ..., of this county, in the voting ..., which takes place on the day ... ______________, ______ of ________ of 2_ __ __ __ __ __ __ (2)

The Speaker of the House,

(signature authenticated with white seal) (1) Party or Group representing (2) to be completed by the issuing entity

Receipt (as referred to in Article 120 (7))

For the purposes of the article ... of the Law n. ..., it declares that ... (name of the citizen elector), resident in ..., with civil identification n. ..., entered in the assembly / section of vote with the n.., exercised its right to vote on the day ... of ...

______________, ______ of ________ of 2_ __ __ __ __ __ __ __

The Speaker of the House,

(signature authenticated with white seal)