We The Captains Regent

Original Language Title: Noi Capitani Reggenti

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009785.html

N. 31. Electoral Law. We the Captains Regent of the Republic of San Marino availing ourselves of the faculty concesseCi by the Great and General Council in His Returning models November 11, 1926; We decree, promulgate and send for publishing: CHAPTER I. Composition of the Council Great and General. Art. 1. The Great and General Council of the Republic emanates from Arringo of family heads. It 'consists of sixty members, of which two of law and fifty-eight electives. Art. 2. The Captains Regent, who are in charge when they flock to electoral meetings, are part of the new legislature entitled: observed the provision of Article. 14. Art. 3. The fifty-eight elected members are appointed dall'Arringo gathered at campaign rallies and in partial and exceptional basis, by the Great and General Council by co-option, with the ways and with the formalities set out in the following articles. CHAPTER II. Conditions to be an elector Art. 4. They are voters - in accordance with the Statute and the resolution of 25 March 1906 Arringo General - the heads originate San Marino and naturalized. It is head of the family who, although of age, lives "one fire", with inbred person more 'older who has the right to vote. They may be voters despite living together with the head of the family and older as long as: 1) graduates; 2) members of the militia; 3 °) members in their own name in the roll of payers of income tax for an amount not inferior to one hundred and fifty pounds per annum. Art. 5 From the election function are excluded: a) women; b) interdicted and incapacitated by mental infirmity; c) those sentenced to perpetual or temporary ban of full legal capacity, those sentenced to criminal punishment for misdeeds and penalties for electoral corruption offenses as well as those who have fallen in the judicial competition and have had no concordat with proprii creditors. The electoral law of the household head, except for one of the above reasons, switches to the other member more 'senior partner in the family and entitled to be an elector. Art. 6. The voter can exercise his right only in the section where she resides. If transfers his residence to another section is entitled to be registered in the list of voters it with applications submitted to the Office of Civil State no earlier than January 1, and not after February 15 of each year. If you transfer the domicile and residence outside the territory of the Republic must exercise its political rights in the section in which the last has his domicile or residence, and, if you can not determine the last domicile or residence, the voter can choose the section where you can subscribe as long as his request the registrar in the space of time indicated by the upper paragraph. Art. 7 The electoral lists, one for each section, are formed of the office and you are entered in alphabetical order, with the surname, name and authorship, all those who are eligible to be voters. The compilation of them waiting for a Commission frmata: the Secretary of the Interior, who chairs it, by the officer of the Registrar, the Registrar of the Court and three members appointed for the duration of its term by the Great and General Council. The Electoral Commission must annually review and incorporate the lists and publish them no more 'later than 31 January by the Office of the Registrar filing and posting in every polling station. Art. 8. In the period of 15 days every citizen, not even directly concerned, can make any oral or written complaint against the compilation of lists later the Officer of the Civil State. Complaint decide irrevocably, by the end of February, the Law Commissioner. After which the lists are declared final and can not be modified except by virtue of the following year review, and the elections, at any time of the year to follow, participating voters inscribed on the lists definitively approved. Art. 9. The lists may, however, be changed to the death of a voter or to the unexpected absence in some voter to one of the conditions set out in Articles 4 and 5. Art. 10. The final electoral lists are ostensible to all in ' office of Civil State, where he will have to be preserved. CHAPTER III. Electoral College - Replacement of vacancies during the Legislature - Convocation of Comizi. Art. 11. The Great and General Council appoints new elected every six years and when, due to resignation or other causes, is to lose half more 'one of its members. Art. 12. The election of the above directors - except as have Articles 13 and 38 - is made
under a single constituency list system with the majority system and with proportional representation for minority seats. Art. 13. The elective seats that during the Legislature will remain, for whatever reason, vacancies will be covered by the Great and General Council by co-option. The appointment will be made by means of Pallis et balluctis of candidates proposed by councilors drawn in twice the number of vacancies. You hear nominations each councilor can freely add another one so though they nominations in total do not exceed three times the job vacancy. The appointment will be made by means of cards with as many names as there are directors to be elected, as long as such a system is proposed by at least of us counselors and is accepted by the Regency. For the validity of the appointment it is required the majority of voters. Art. 14. The Arringo for the general election of the Council shall be convened by the Regency with a manifesto made public at least 15 days before the date of the summons. This in the months of March and September, can not be fixed that day back to that on which the designation of the new Captains Regent, to whom (and not to those who must leave power) it will be the appointment of law referred art. 2. Art. 15. At least ten days prior to the date set for the elections, the Electoral Commission will post to the public, in every parish, the list of electors of the section to which the parish depends; that affixing constitutes invitation to vote and replaces the certificate of registration. CHAPTER IV. Voting previous formalities. Art. 16. The lists of candidates must be submitted by at least thirty voters and filed no more 'later than twelve o'clock of the sixth day preceding the day of the vote, the Secretary of the Interior shall issue a receipt. The signatures of the voters, contained in one act or even separated, they must be authenticated by a notary public or by the Secretary of the Interior. Tothe illiterate voters holds place of signature paving statement by the official who affixes the authentication. No elector may sign more 'of a list of candidates; offenders are punished with a fine of up to one hundred pounds. The declaration of submission of the list of candidates must also contain the indication of a managing effective and one alternate authorized to participate in the Office's operations center and to designate, no more 'later than twelve o'clock of the day before the election, the name of representative effective and alternate from the same list to the Office of each polling station. Art. 17. Each list can include any number of candidates provided they are not larger than the number of councilors to be elected and shall indicate the surname, name and authorship of the individual candidates. The lists that contain less than forty candidates can not be admitted to the reserved seats to the majority, and this in accordance with the provisions of Art. 38. No candidate may appear in more 'of a list. Nominations must be received in a declaration signed and notarized by a notary public or by the Secretary of the Interior; this declaration must take within the prescribed period in the early part of the previous article. Art. 18. By the fourth day prior to the elections, the Election Commission under Article. 8 checks the list of candidates; takes note of the markings, it takes its name from the lists of candidates who lack the required acceptance; eliminates ch lists are not signed by the required number of voters or lack of legal forms required for submission; communicates with notice served personally by the cursor, the delegate who presented the list, the irregularities giving a deadline of forty-eight hours of notification to get in pass legal regulations rule. Art. 19. Within twenty-four hours after the presentation of the list in art. 16 Secretariat of the Interior delivered to the delegates of each Committee cards for voting. The cards should be consistent and white paper. The marking is done by the individual committees put in one of the faces of the card. Art. 20. Each committee, no more 'later than twelve o'clock of the day before the vote left the matter to the Secretary of the Interior type sheet in ten specimens that the Election Commission must then deliver to all the presidents of the polling stations. CHAPTER V. Conditions for eligibility. Art. 21. In addition to the general conditions for electors, covered by Articles 4 and 5, which are essential prerequisites to be eligible to adviser: 1) be literate; 2) not hold ecclesiastical quality;
3) be domiciled in the Republic. CHAPTER VI. Process of general elections. Art. 22. They are of the polling station locations and that polling stations: City - Borgo - Serravalle - Acquaviva - Chiesanuova - Domagnano - Faetano - Fiorentino - Montegiardino. The Electoral Commission may, moreover, change the polling stations with the consent of the Regency. Art. 23. The Commission set out in Article 7 shall be responsible for completing each year and make public, no more 'later on January 31, by filing in the Office of the Civil State and posting in each constituency, a list of citizens who They will act as president of the polling stations during the current year. The Commission has to choose the presidents from the following categories of citizens of San Marino voters and residents domiciled in the Republic; a) among graduates; b) among those who have obtained the technical license or gymnasium; c) among those who have already been covered in other time the office of President of a polling station in the previous election. They are excluded from this list: the Secretary of the Interior and Foreign Affairs, the Officer of Civil Status, the Registrar of the Court, the three elected members of the Election Commission and the election of the Board members. For possible complaints against the formation of this list for its decisions, to declare that the list is final, Reference is made to the provisions of Art. 8 on the formation of electoral lists. The Commission in a previous session and the convening of the next rallies proceed to appoint the presidents of individual polling stations; in case of rejection of the nomination will the Commission itself. Art. 24. On the morning of the day fixed for the vote, the Presidents of the seats must go to the Public Palace to receive from the election commission the delivery of all the material needed for voting, including the envelopes in which the type and the forms must be closed 'list of representatives appointed by each list. The envelopes will be delivered in a number corresponding to the registered voters increased by one third, and all of them will carry the stamp of the Electoral Commission. Art. 25. At 9 am, the President, after having called upon to assist the operations of the representatives appointed for each list, is the office or polling station by naming the electors present, provided that in no less than 10, to call names or ale majority vote, two members, one of which will act as secretary. Art. 26. If at 10 Siasi not yet been able to form the s ggio not because they are gathered in the hall voters of the prescribed number, the President is the addivenendo seat himself to the choice between these two States referred to in Article previous. Art. 27. The representatives of the individual lists are entitled to attend all the operations of the polling station. And 'it allowed them to deliver to voters before they retire in the voting booth, your glue card list; however, they should refrain from any act of propaganda and stress. The President of the polling station can dismiss the representative who puts pressure or disrupt the election process. Art. 28. The President of the polling station and the representatives of the list as well as voters who follow the President for Service (coachmen and soldiers) in the section where voters exercise their office. Art. 29. The President and the two members constituting the seat will always be present at the electoral operations. Art. 30. E 'task of the seat always check the identity of each voter, to observe the timetable set for the vote, note the leftovers complaints, to judge in the first instance on disputes arose around the regularity of the cards, assign the votes to the candidates, to unite to the minutes of the spoiled ballot papers, the white, the alleged well as the written protests and any other relevant document. Art. 31 No one can enter the voting room and pr ndere part in the electoral operations if it is not voter. Art. 32. In the voting room during the course of the op rations will remain posted two lists: one of the resident voters in the d section lla jurisdiction; that of voters residing abroad enrolled in the section. Art. 33. Formed the seat as indicated in Articles 25 and 26, the Chairman opened the vote and delivery to each voter, after id ntificato, an envelope from the Chairman previously signed. Each voter must go alone in a special separate place place in the same room, where introduced into the envelope the preferred card, then handed the envelope, sealed in rubber, to the President
which places it in a clear glass urn placed on the office table visible to all. The Secretary will write down in a special register the name, first name and the authorship of each voter. Art. 34. The order of the election meeting shall be referred to the President. Law enforcement can not attend the polling station operations. However, it will remain in the classroom adjacent to the disposal of the President elections. Art. 35. A valid card is introduced into the envelope u voting list. Art. 36. The vote will be open from 9 am to 16, but will extend beyond that time if you happen continuously voters to vote. However, at 17 the President - ascertained by calling the number of electors present in the classroom who have not voted and made this just run the vote - declare definitively closed the vote itself. CHAPTER VII. Verification of the election and proclamation of elected representatives. Art. 37. Declared by the President closed the vote publicly Office shall carry out the following steps: 1 °) counts and seals, in a separate envelope, the envelope not to be employed, which, during the vote, have been changed to be good ; 2. °) counts and seals, in a special envelope, impaired envelopes, during the vote, have been changed to be good; 3 °) shall count the cards by pulling them out one by one from the urn and ascertains the marks obtained by each list; 4. °) makes public the result of the poll. The above operations must be performed in the order given and without interruption until the inspection; of each of them will have to give way in the minutes. The minutes and any other document to be signed by the members of the polling station and the whole thing in a single sealed envelope, affix your signature members of the polling station and how many voters will choose it. The wrapping will be delivered the same evening of the vote to the Law Commissioner. Art. 38. In the day following the day of the rallies the presidents of individual polling stations congregate - intervention of the delegate neck of each list pursuant to art. 16 - in the audience chamber of the Tribunal, at 10 am, under the chairmanship of Commissioner of L gge, to form the Central Electoral Office, which shall also include the following: 1. °) sum of the votes received by individual lists throughout the Republic (electoral number); 2. °) occurs which is the list that achieved the greatest number of valid votes and attaches to it forty-six councilors. If the list which received more votes, contains fewer candidates to forty-six: you can only compete for the posts of minora za referred to the number that follows and all the majority seats will go to the list that contains forty six candidates. If there are more 'lists that contain that number of candidates it will be preferred one that has collected the highest number of votes. If the list, which has collected more votes, contains a number of top candidates to forty they will have elected the first forty-six seconds in the order shown in the list submitted to the Secretariat of the Interior as art. ° 16. The remaining candidates will be eligible to places minority of which the following number 3 °; 3. °) distributes the remaining fifth of directors (twelve) between the list of the majority and the minority. To that end it will proceed as follows: a) the electoral figure obtained from the list that gave the majority (as in the preceding paragraph) is then divided by 47, 48, 49 ... 50; electoral figures obtained from other lists will share for 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 b) between the ratios obtained choosing the most 'highest placing them in a decreasing order of twelve; c) to each list are attributed many places as there are minority quotients belonging thereto included in the ranking. With equal votes among the minority lists the place is up to the one that got the strongest political figure. Seats are allocated to individual candidates as indicated in the last paragraph of the previous number. If the list, which has conquered the majority of the directors, contains only forty-six candidates for the posts of the minority may be due to it's will conferred by the Great and General Council under Article. 14. If none of the candidates lists contains forty-six seats are distributed by dividing the number of votes for each of these lists subsequently for 1, 2, 3, 4, etc. up to the number of councilors to be elected; and then choose between the ratios obtained in the most 'high in equal number to that of the directors to be elected, arranging them in a decreasing order. each
list will have many representatives (to be chosen according to the order of registration in the list) as there are quotients belonging thereto included in the ranking. At the same quotients the position will be awarded to the list which obtained the highest electoral number. If these proceeding will be held by the Great and General Council under Article 13 thus they do not cover all the elective seats, as long as the directors reach the number of thirty. Where this does not happen the Regency shall hold another meeting of the electoral meetings. 4. °) will proceed to the proclamation of elected representatives and the declaration of the number of seats vacant for eventually become covered by the Great and General Council. Art. 39. And 'it prohibited the Central Office to decide and also to discuss the allocation of votes, on complaints, about the protests, and on the incidents elle sections, and deal with any other object than that determined by Article . previous. Art. 40. The Central Office, just perform the operation entrusted to it, passing all the wrappers to the Secretary of the Interior which, in turn, puts them to the Board of Elections. Art. 41. Within three days, the Secretary of the Interior publishes the results of votes and notify the appointment to each elected. Art. 42. The Permanent Election Committee is chaired by Regency and composed of five members, elected by the Council, they shall hold office for the entire duration of the legislature. Art. 43. E 'of the Board to examine the electoral wrappers: to hear possible appeals of advanced voters within the first ten days of the date of the vote relating to issues of eligibility and the electoral process: to provide for the possible radiation of replacing ineligible with others on the same list or declaring the vacancies according to the principles established by art. 38 .: to propose in the short validation or otherwise of directors declared elected. Since the elections without protest, that is, if he's elect have all the eligibility conditions desired by the present law and that the electoral op rations are processed regularly, the Council simply take note of the conclusions of the Board of Elections. Instead proceed to the vote, on the Council conclusions, to ascertain or to reject, in special cases of contested elections, dubious and not regular. Art. 44. If the minutes of the polling station of a section shows that the electoral operations have been hindered by violence or that the envelopes were viol ntemente dispersed so as to make it impossible for the counting of votes, the Regency shall convene the meetings of the section in question for the following Sunday. In this case the Central Office operations prescribed by art. 38 will be postponed to the day after the supplementary vote. Art. 45. The Board Members must take the oath within two months from the day of validation of their election. Those who do not comply, without due cause, this provision will lapse by the mandate. Art. 46. Without prejudice to the sanctions provided for in Articles 478 and 479 of the current Criminal Code, it will be applied either worth of which the latter article for any other ttentato the free exercise of politic rights, also perpetrated with means other than those provided in the same article. Art. 47. It is still the law 16 March 1925 n. 9 that regulates the term of office of the elected members of Congress and of Governmental Commissions. Their appointment could also take place in the manner indicated by the second paragraph of Article 2.. 13 and that is by means of tabs. Transitional provisions Art. 48. As a transitional measure those at the date of entry into force of this Act are registered to vote, voters and remain eligible. Art. 49. This Act shall take effect immediately after its legal publication. Given at Our Residence, this day of 11 November 1926. The CAPTAINS Giuliano Gozi - Roger Morri p. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Francesco Morri