Law

Original Language Title: Legge

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009237.html

ELECTORAL LAW 6 May 1909 (1) CHAPTER I. Conditions to be electors. Art. 1. - voters are all citizens of San Marino and older original and naturalized. Art. 2. - From the electoral function are excluded: a) women; b) interdict and disabled by mental infirmity; c) the condemned perpetual interdiction or temporary full legal capacity and criminal penalties for crimes and electoral corruption. Art. 3. - The voter can exercise his right only in the parish where the civil domicile, and if the transferred outside the territory of the Republic, must exercise its political rights in the parish where he had his last domicile or residence, leaving the choice of the parish in which voters vote only to those of whom you can not determine the last domicile or residence, provided they make the Civil Status Officer question not before the first of January, and not after February 15 of each year. CHAPTER II. Formation of electoral lists. Art. 4. - The electoral lists, one for each parish, formed the office, and you are entered in alphabetical order with the full name and paternity all those who are eligible to be voters. The compilation of them waiting for a Commission frmata by the Home Secretary, who chairs it, the Office of the Civil State and the Criminal Chancellor which must annually review and incorporate the lists and make them public on January 31 by the Office Storage Civil Status and posting in each constituency and ttorale. Art. 5. - In 15 days, every citizen, not even directly concerned, can do any justified complaint, oral or in writing, against the compilation of lists, forward to the Registrar of the State. Of these complaints it decides irrevocably by the end of February the Regency with the Congress of State and the Commission. After which the lists are declared final and can not be modified except by virtue of the following year review, and the election, at any time of the year to follow, become by voters registered in the lists definitively approved. Art. 6. - The lists can however be modified for the death of a voter and for the voter to some supervening lack of one of the conditions set out in Articles 1 and 2. (2) Art. 7. - The final electoral lists are ostensibil to everyone in the office of the Civil State, where he will have to be preserved. CHAPTER III. The Electoral constituencies. For the elections on the territory of the Republic is divided into as many constituencies are the parishes. Art. 9. - Each parish has the right to elect a number of its inhabitants, and that is: The parish of Pieve: Councillors N. 12 "of Borgo Maggiore" 10 "Serravalle" 12 "Faetano" 6 "Montegiardino" 4 "Chiesanuova" 4 "Acquaviva" 4 "Domagnano" 4 "Fiorentino" 2 "S. Giovanni" 2 Art. 10. - In every parish may be elected not just those who have domicile, but also those that they are domiciled in any other parish in the Republic. CHAPTER IV. The proceedings of the voting. Art. 11. - In every parish to conduct the proceedings of the vote was in charge of an office or Polling station three-member format. Art. 12. - The Great Council at a previous session and next to the convening of meetings, appoint the chairmen of the individual offices as follows: if the offices are in more than one will be elected by secret ballot, three persons for each office, the names of which will be deposited in an urn, as though in another urn will be placed the names of the various parishes where the offices will work. Afterwards be chosen by lot from the first urn three names of candidates, and just after the second urn the name of a parish where the candidates will take office as president and so on until the end. If the first raffled not accept the job, he shall be deemed elected the second; if that does not accept, he shall be deemed the third, will the Ecc.ma Regency. If the Office is only one, it will proceed equally to the appointment of three people among which will follow the draw, as in the previous case. Art. 13. - The other two members, one of whom will act as secretary, shall be elected in each parish, at the invitation of the President, by roll call and by a majority of votes among the literati that the vote will be in the room. At this appointment will take part in at least 15 persons. Art. 14. - If the 12-hour AM Siasi not yet been able to set up the office, why not found
fitted into the hall voters required by the preceding article for the establishment of the Office, the Chairman will declare deserted the vote, suspend all operations, and all will prepare the minutes to be delivered to Ecc.ma Regency. Art. 15. - All Officer members will always be present at the electoral operations. Art. 16. - E 'task of the offices of more and ascertain the identity of each voter, to observe the timetable set for the vote, note the claims made, the judge in the first instance on disputes arose around the regularity of the voting and the validity of the cards, to attribute the votes to candidat, to unite to the minutes of the blank ballots void, the disputed, as well as the written protests, and all their related document. Art. 17. - At least 10 days before the date set for ezioni, the Ecc.ma Regency, by the officer of the Civil State, will send the certificate of registration on the electoral roll for each elector. This certificate, which must be made by the Government to be delivered if possible in the hands of the voters, or be left to lorodomicilio, must indicate the place, the day the voting time and the number of directors to be elegg RSI. Art. 18. - The voters of San Marino residing abroad, when it is known and certainly the place of their residence, sending the certificate of registration will be by post. Art. 19. - If any voter, for committed error, had not received a certificate of enrollment, or had lost, he will have it release to the City and to the village by the Registrar Civil Chief; in other parishes by the President of the Seat or other person of his choice the day stretched out the vote. (3) Art. 20 - No one may enter the voting room and take part in the electoral process, if it is not accompanied by the certificate of registration. Art. 21. (4) - No voter may, for whatever reason, to delegate his mandate to another person, even his family, nor send his vote in writing. However, if one or more 'voters were appointed Chairmen of the Seat of a parish on the electoral roll of which were not registered, may, however, vote in the parish where they are registered, as follows. The morning of the day fixed for the vote all the Presidents of the seats must go to the Public Palace to receive the Ecc.ma Regency assisted by the officer of the Registrar, the delivery of all the necessary material for the vot zi it. Presidents of these ones in charge to carry out their duties in a parish that is not their own, everyone can get a card, fill it with the names of the directors to be elected, and then deliver it closed all'Ecc.ma Regency, who will attend to all q este operations . The Ecc.ma Regency will close tabs receipts ntro envelopes, affix over these signature and the seal and deliver, respectively, to those of the Presidents of the seats that will go to the Presiding Office in the Parish of the voters. Everything will be minuted to be delivered to the Board of Elections. In every parish then, he formed the Polling station, the presidents, the presence of the Public, and after evaluation by the other two members Dels ggio, will extract the above cards from closed, sealed envelopes, and will lay the urn, making of that recorded in the minutes of the electoral operations. Envelopes must be stored and added to the wrapping, which all'Art.29. Art. 22. - In the voting room during the course of operations, will be posted three lists; one voter, one of the directors of subrogation and that of the Directors who hold office. Art. 23. - Formed the seat in the manner specified in Articles 12 and 13, the Chairman opened the vote and gives each voter the sopr card, which will be written the name or the names of the directors to be elected. Each elector, received the card can not, to fill in the name or names of the candidates, leave the room, but must travel alone in a separate dedicated room, placed in the same room, where you will find the writing materials. For the illiterate will be provided by an office located in the room and also in a secluded place, where the work will pay them two boys or two young girls choices on election day by the President of the Seat. No one can write or make scrivere_sulla card the name of the director or directors to be elected in a manner different from that stated above. Art. 24. - so Filled the card, this is by any elector delivered unopened to rubber to the President that places it in an urn of clear glass, ata neck on the office table, visible to all.
The secretary noted in a register the name, first name, the authorship of each voter. Art. 25. - The order of the election meeting shall be referred to the President, who may in any case make use of the public force. Art. 26. - The voter can vote for as many names as the number of councilors to be elected in the parish to which he belongs, and add, ov believe, even the authorship, academic and noble titles of each candidate. If the card will contain a number of smaller names than that for which the voter was entitled to vote, it will be equally valid. Art. 27. - The card is void if it contains visible signs of rconoscimento the person of the voter, and other particulars in addition to those established by the preceding article. The last names of the candidates written on the board in excess of the number of directors to be elected in the voting parish are null as well as void are names that do not determine with certainty the person to whom you want to report. Art. 28. - The vote will be open from 9 am to 16 pm, but will be extended, however, if in that time are still present in the room that voters did not vote. CHAPTER V. The election occurs. Art. 29. - Declared by the President of the voting closed, the public offices shall check that the cards deposited in the urn correspond to the number of voters, if those white left (which now must be closed and sealed envelope) correspond to the number of voters members who did not vote, and afterwards proceed to the counting of votes and finally publish the result of the ballot, proclaiming the name or the names of the elect. Of each operation must be drawn up precise verbal. The minutes and any other document to be signed by the members of the Seat, and all sealed in a single package. On paper that wraps the package will put his signature members of the Seat and how many voters they wanted. All wrapping the evening it will be delivered in the same vote the Regency or his delegate, who will pass it to the Permanent Council of El tions which must report to the Council within 15 days. (5) This period may, in exceptional special cases, be extended with a reasoned request to be submitted by the Executive all'Ecc.ma Regency. Art. 30. - E 'task of the Council to examine the wrapper received, to hear possible appeals of advanced voters within the first 10 rounds from that of the vote, referring to eligibility issues and the electoral process, to provide for any radiation of ineligible and replace them with those that have suffered immediately after most votes, to propose, in short, validation or less of directors elected to the Great Council. (6) Since the elections without protest, that is, if the person elected has all the conditions required by law, and that the electoral operations are processed regularly, the Council simply take note of the conclusions of the Board of Elections. Instead proceed to vote on the conclusions of the Council, to accept or reject, in special cases of alleged dubious and non-regular elections. Art. 31. - The Standing Committee on Elections, composed of five members, is elected by the Council, and shall hold office for three years. Art. 32. (7) - Within a period of three days from after the elections will be published through the work of the Secretary of Internal Affairs of the outcome of the vote in each parish, and will be personally notified of the appointment to each elected. To this effect the individual Seats Constituencies will, by the next day after the vote, to notify in writing to the Secretary of Internal Affairs of the vote in each parish. Art. 33. - be understood to elect those who will riportat most votes; a tie vote, will have the preference the higher age and in cases of multiple elections the elected may opt for the parish of which they intend to exercise the representation. The option must be followed in writing and forward all'Ecc.ma Regency, elections within five days, otherwise the Council will draw the parish that will be elected later recognized as valid. And 'anything the election of those who at the time of the appointment are councilors. Art. 34. - The vote is valid with the intervention of at least a quarter of the voters regularly inscribed in the lists. No one may be elected, if not avràriportato least a number of votes equal to one third of the voters. Art. 35. If for any reason the election of color that bring more votes is declared invalid, the replacing those who had immediately after most votes,
as long as the same number of votes is not less than that prescribed in the previous article 34. Art. 36. - The Councillors must take an oath within two months from the day of validation of their election. Those who do not comply, without due cause, to this provision, the mandate will lapse. The oath should be paid in the Council, according to the usual form. CHAPTER VI. Conditions of membership. Art. 37. - In addition to the general conditions for electors c ntemplate in Articles 1 and 2, are prerequisites to be eligible; a) literacy; b) be at least 25 years of age; c) not hold ecclesiastical quality; d) it is domiciled in the Republic. Art. 38. - They can not be both father and son directors nor more 'brothers cohabiting together and who have not already joined the division of common property or the paternal inheritance. Occurring the case of simultaneous elections, it applies to those who had most votes. For subsequent elections, the Office of each is due to the ineligibility of others. CHAPTER VII. The renewal of the Council. Art. 39. - The Council is renewed for a third party every three years. In the first two terms of three years (after the general elections of June 10, 1906) the deadline is determined by draw, and then by seniority. Expired councilors can always be re-elected. Art. 40. - If in the space of three years of a vacancy for any reason a few seats, will not proceed at once to the new election, as long as the number of missed advisors reaches the twelfth part of the whole assembly. Since there is this case, in the first two terms of three years a third of the Directors to raffle will be less the number corresponding to the vacant posts. When the deadline is determined by seniority, the third to be renewed is instead increased the number corresponding to the vacancies, and the last elected, in excess to the third part of the whole assembly, subrogated those who left the Council before the ordinary deadline . The same subrogation takes place when you check the aso it necessary to proceed to the replacement of five or more 'advisers failed us in the space of three years. Art. 41. - There will be no new elections even when verif whom the case provided for in Art. above, if the directors are not borne out in the last few months when the three years. Art. 42. - When the council, due to resignation or other cause extraordinary, were to lose half more 'one of its members, will be renewed for into. In this case, all'Ecc.ma Regency to convene omizii, to regulate and lead to terms all electoral operations in accordance with this law. CHAPTER VIII. General rules. Art. 43. - The electoral meetings are convened with the Council's decree, and it shall be alert to the public at least one month before the meeting. Art. 44. - The voters move the domicile and residence in another parish, is entitled to be placed on the list of voters it with applications submitted to the Office of Civil State no earlier than January 1 and not after February 15 ach year. Art. 45. - If the Captains Regent of the three-year renewal or in a possible general renewal to expire by the office of councilors, however, will remain in office with the same powers and prerogatives throughout the semester. Art. 46. - Subject to the penalties referred all'art.478 479 and the existing Criminal Code, shall be deemed applicable to the pen of which the latter article for any other attack on the free exercise of political rights, also perpetrated by means other than those provided for in the same article. (1) This law replaces the one approved August 25, 1907 which is in this amended in several articles. (2) That article in the old law of 1907 sounded like this: "The lists may, however, be changed to the death of a voter, for the unexpected lack of a voter in some of the conditions laid down in art.102, or for the occurrence of If some citizens reached the age of majority in the current year ", (3) decree of 20 April 1911:" If any elector to incurred error, had not received a certificate of enrollment or had lost the will to have it release to the Cape Town by the officer of the Registrar; in other parishes by the President of the Seat or other person of his choice on the day of the vote. (4) Art.21 of the old law in 1907: "No one elector may, for any reason delegate his sent to another person, even his servants, nor send his vote in writing. "
(5) This paragraph in the old law in 1907 sounded like this: "However, the wrapping will be delivered the same evening of the vote to the Regency that will pass immediately to the permanent deputation of the election, which is due to report to the Council within 15 days" . (6) In the law of 1907 he was followed by the following fras "to which it will be to finalize the decisions" also lacked the two paragraphs contained in this Act. (7) Art.32. Law 1907: "Within a period of three days after the elections will be published by the outcome of the vote in each parish, and will be personally notified of the appointment to each elected."