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SAN MARINO




We the Captains Regent of the Most Serene Republic of San Marino



In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005; We
promulgate and publish the following Qualified Law approved by the Great and General Council
its meeting on 4 August 2008 with 44 votes in favor, 7 against and 2 not voting
:



LAW QUALIFIED 5 August 2008 Ranked # 1



AMENDMENTS AND SUPPLEMENTS TO QUALIFIED LAW May 11 2007 Ranked # 1
"PROVISIONS FOR THE EXPLOITATION OF WILL 'THE CITIZENS AND FOR EQUALITY
' RELATING TO ELECTIONS AND ELECTORAL CAMPAIGNS




Art.1
Paragraph 4 of Article 6 of Qualified Law 11 May 2007 n. 1 is amended as follows:
"4. The declaration of submission of the list of candidates must also contain
indication of an actual and a delegate alternate delegate competent to receive notifications and
to provide replacements for in Article 16, to participate in operations
Central Office and to designate, no later than twelve noon of the third day prior to the voting
, the name of the actual representatives and alternate from the same list at each polling station
. Apply to the representatives of the list the incompatibilities provided for in paragraph 2 of Article 23.
".


Art. 2

The paragraph 5 of Article 6 of Qualified Law 11 May 2007 n. 1 is amended as follows:
"5. Along with the list it must be presented to this marking, printed or figuratively, that
presenters intend to take and, where that list does not participate in a coalition, the program of government
. ".
Paragraph 7 of Article 6 of Qualified Law 11 May 2007 n. 1 is replaced by:
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"7. If two or more political forces intend to form a coalition for electoral purposes, the
legal representatives or specifically designated the same sign, with notarized signature,
special declaration indicating the express commitment to form together a majority || | government for the entire legislature, and which contains, in its body or attached, the name and any
marking the coalition and the government program. ".
After paragraph 7 of Article 6 of Qualified Law 11 May 2007 n. 1
following paragraphs are added:
"8. In the act of presentation of the list that participates in the coalition, the statement referred to
preceding paragraph, including any attachments, it is expressly mentioned. Therefore
signing of the list by the presenters and the acceptance of the nomination by the candidates
constitute consent for the establishment of the coalition and the
government program.
9. The declaration referred to in paragraph 7, including any attachments, is deposited under
first paragraph. ".


Art. 3

Paragraph 2 of Article 7 of Qualified Law 11 May 2007 n. 1 is amended as follows:
"The third paragraph of Article 15 of Law 31 January 1996 n. 6 is amended as follows: 3
. Nominations are valid if accepted by the person with a signed declaration and
notarized by a public notary or by the Registrar Civil Status. The declaration must take
within the period prescribed by the first paragraph of Article 14 and it must be lodged
copy of the tax return of the candidates of the previous tax period to that of the consultations as well as their
statement about any additional income and participations in
society. ".


Art. 4

Article 11 of the Qualified Law 11 May 2007 n. 1 is amended as follows:

"Art. 11
(Provisions on the identification of the elect)

The second paragraph of Article 21 of Law 31 January 1996 n. 6 is amended as follows:
"2. In case of lack of candidates from the same list, they are declared elected
candidates with the highest individual electoral number as part of the same coalition.
If the list is not part of any coalition seats will be declared vacant. ".



Art.5
The article 17 of the Qualified Law 11 May 2007 n. 1 is replaced by the following:

"Art. 17
(Electoral Office Operations Section and the Office election intersectional)

Article 38 of Law 31 January 1996 No. 6 is amended as follows:
"1. The voting closed in accordance with the provisions of Article 37, the Electoral Office
section is to carry out which are public:
1) counts the cards of which has not been made use of and seal them in a special envelope ;
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2) has deteriorated cards and that, during the vote, have been replaced and the seals in
special envelope;
3) counts the coupons of the certificates of voters eligible to vote and seal them in a special envelope;
4) extracted from the urn to the count, the ballots closed;
5) enter the ballot cards counted: the voting urn is properly closed and sealed for
be re-opened the Office Electoral intersectional under paragraphs that follow.
2. The operations mentioned above are combined in the order shown and, without interruption, until
to their total accomplishment. Each of them must be recorded in the minutes. 3
. The minutes and any other document must be signed by the Electoral Office members.
4. Immediately after completion of the above transactions, the urn containing the ballots and
minutes of the section referred to in the third paragraph are delivered, by each President of the polling station, electoral Office
intersectional.
5. The Election Office intersectional consists of the presidents of the electoral offices of at least three individual
gathered sections and is chaired by one of them previously chosen by lot by the
Electoral Commission. Inside Electoral Office intersectional, in case of a tie, the vote of the President
. The youngest among the other Presidents acts as secretary, the senior
serves as vice president. The same minimal provisions even if the Election Office
intersectional consists of only two polling stations. They are also members of the Office election
intersectional all tellers of individual confluent polling. By delegated decree
will be established for each location, the number of electoral offices intersectional. In Castle with
single polling station it is not established the Election Office intersectional, in which case the Office election
section proceeds directly to the counting of ballots in the section.
6. The Election Office intersectional is constituted as soon as the transactions referred to in paragraphs
first to third of this Article have been completed and referred to in the fourth paragraph
material is ready for delivery. The Electoral Office operations intersectional are public and
right to assist a representative for each list.
7. Constituted the Electoral Office intersectional, the Chairman shall open the ballot boxes in sequence
of sectional electoral offices and divides the ballots of each section so that each
Sectional Election Office is assigned an equal number of cards
coming from electoral sections belonging intersectional electoral Office.
Each of the urns containing the cards are assigned by the President of the electoral intersectional to each of
Presidents of Section for the counting. In the minutes of the electoral section shall count
must indicate the number of cards assigned to it.
8. Completion of the transactions referred to in the preceding paragraph, each electoral office
section proceeds to the scrutiny of the assigned cards. The Office, firstly, extracts from the urn cards
one by one and proceeds to establish the valid votes and the null and blank ballots. Immediately after
counts the votes obtained by each list. Completed this transaction, the Chairman announced the results of
list and the coalition. Immediately after the Office re-examines the cards one by one and proceeds to
establish the preferential votes obtained by each candidate.
9. Completed the counting of votes, the Chairman of Electoral Office makes public
section the result of the poll.
10. The Electoral Office operations section are performed in the order shown
uninterruptedly until their total fulfillment. Each of them must be recorded in the minutes.
The minutes shall be signed by the members of the Office and, together with all the material, it must be enclosed in a separate sealed envelope
. On the package they are affixed the signatures of the polling office members.
11. Immediately after the end of these operations, the package is delivered, by the President of the Chamber
Electoral Office, the Chairman of the Electoral Commission. ".



Art.6
Article 18 of the Qualified Law 11 May 2007 n. 1 is repealed.

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Art.7
Article 19 of the Qualified Law 11 May 2007 n. 1 is replaced by the following:

"Art. 19
(Rules on the allocation of seats and the proclamation of the list or coalition lists
winner)

Article 40 of Law 31 January 1996 n. 6 is amended as follows:
"1. The Central Electoral Bureau, on the basis of the minutes of the sectional electoral offices, with

Assistance, where necessary, of one or more experts chosen by the President, is to carry
operations: add up the votes obtained by each list and each candidate as they result from the minutes
of all electoral offices .
2. The operation in the first subparagraph shall determine the electoral number for each list, the total number of votes and
individual digit of each candidate. 3
. The number of votes for each list is the sum of valid votes that list has
obtained in all polling stations. It serves as a basis to determine:
- admission of the distribution of seats in the list;
- The number of seats in the Great and General Council due each list.
4. Each list shall be admitted to the distribution of seats if you get a number of votes for
list of ≥ 0.4%, multiplied by the number of participants lists, and up to the maximum of
3.5%, of the total number of the valid votes.
5. The individual amount of each candidate is given by the electoral number of valid votes
added to the list of preference that candidate reported in all polling stations as scrutinized by
electoral offices. Individual digit determines the ranking of the candidates within the same list
. With the same individual digit preference is given, in order, by the following criteria
:
- nominated female gender;
- Most seniority in the Great and General Council presence;
- Majority age.
6. The Central Electoral Office shall determine the electoral number of coalition is given by the sum
:
a) the number of votes for each of the lists in the same coalition, including strips
not admitted to the distribution of seats to According to the fourth paragraph of this article;
B) of the votes cast only the coalition without expression of the list pursuant to the first paragraph of Article 36.

7 vote. The Central Electoral Bureau divides the total valid votes by 2 and increases by 1 the figure of
quotient rounded up where necessary. The result of this operation determines the minimum number of valid votes
required to attribute to a coalition or a single list the win election
. In the event that no list or coalition lists will achieve the minimum number of valid votes
required, victory is attributed to the list or coalition lists who, having obtained a
most votes, according to operations set forth in the ninth paragraph also follows
30 (thirty) of 60 (sixty) quotients valid.
8. In the event that no list or coalition achieves the minimum number of valid votes and even
30 (thirty) quotients referred to in the preceding paragraph, the Regency index for the second
following Sunday, the second ballot which brings together the two lists or coalitions of
lists that have achieved the highest electoral numbers.
9. The results of the first round determines the allocation of seats to each list and proceed
basis of the following provisions:
- Excluding those lists not used for the distribution of seats under the fourth paragraph of this
Article;
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- divides each electoral number of the list, among those admitted to the distribution of seats under
of the fourth paragraph of this article, then for 1, 2, 3, 4 and so on until
competition the number of 60 (sixty) of the Great and General Council members to be elected;
- They have the ratios obtained in descending order from highest to lowest.
10. The list or lists coalition proclaimed a winner for having achieved the minimum number of votes that
seventh paragraph, or subject, having achieved the greatest number of votes and
30 largest quotients, the seats are assigned to it payable in the Great and General Council
according to the transactions referred to in paragraph nine. If according to the transactions referred to in paragraph nine
the seats allotted to the list or coalition lists proclaimed
winning are less than 35, are assigned to it, by way of stability premium, many additional seats compared to
those held many are missing to reach the number of 35. the additional seats attributed
as a stable premium, they are those corresponding to the quotients lower earnings achieved from the bottom
to the transactions referred to ninth subparagraph; such vacancies are to be subtracted from those lists that do not have the list
winner or do not belong to the coalition of lists proclaimed winner, from the quotients
lower earnings. If a list is entitled to more seats than are its candidates, the exuberant
seats are allocated to the other lists of the same coalition in the order of descending ratios.

Those consular delegations that, due to the redistribution of seats due
allocation of the stability premium, were to fall below the minimum number of three
councilors, do not lose the benefits of funding provided by the Law on November 23 2005 no. 170.
11. In the event that there is no need to resort to the second ballot, exhausted
above operations, the Central Electoral Bureau proceeds to the official proclamation of the elected
and also proclaims the list or lists of the coalition proved successful , bringing the majority
of the seats and the eventual stability of prize.
12. In the event of a runoff vote, the Central Electoral Bureau receives from the electoral offices
section of the minutes containing the results count the votes cast. Check which of the two
lists or coalitions received more valid votes and proceeds allocation of seats in accordance with paragraphs earlier
, then proceeding to the official proclamation of the elect and the list or coalition lists
proved successful , thus bringing the most seats and the stability award.
13. With the issuance of reggenziale decree announcing the second ballot means
open the election campaign that will end at 24.00 on the second day prior to
to the elections, in accordance with the provisions of paragraph 1 of Article
1, Law 14 March 1997 n. 36. In the election campaign for the ballot may attend the lists
admitted to the first round of voting. The appointment of the Chairmen of the polling station and ballot counting
made by the Electoral Commission in accordance with Article 23 of this Law shall also apply to the possible
round of balloting. ".


Art. 8

Article 21 of the Qualified Law 11 May 2007 n. 1 is replaced by the following:

"Art.
21 (Deadline for the identification of areas for the boards intended for election posters)

The first part of the first paragraph of Article 3 of Law 14 March 1997 n. 36 is amended
:
"1. The Electoral Commission referred to in Article 6 of the Law January 31, 1996 6,
no later than the thirtieth day prior to the election, establishes, by means of size billboards uniform
to be placed in individual Castelli, the intended space all'affissione of which
Article 2 material, estimated using the following indications: ".



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Art.9
Article 22 of the Qualified Law 11 May 2007 n. 1 is amended as follows:


"Art. 22
(Regulations for expanding the public information on lists and coalitions in the elections)

Article 7 of Law 14 March 1997 n. 36 is amended as follows:
"1. The Secretariat of State for Internal Affairs and the State Secretariat for Information
ensure the comprehensive and unbiased communication to citizens to ensure - in
playing field between lists and among coalitions of lists - the most extensive information on programs and candidates. In particular they shall
:
a) to ensure the programming of radio and television programs even with the confrontation between
lists and coalitions with lists to be agreed how the delegates referred to in the fourth paragraph
Article 14 of Law 31 January 1996 n. 6 and with the Supervisory Committee referred to
Law 27 April 1989 n. 41;
B) to prepare and disseminate, to each family wherever resident, a publication containing the program
and candidate lists and coalitions in which the programs and lists of coalitions
precede those of the lists do not coalesced; within the above allocation order it is
according to which the competing lists appear on the card;
C) prepare for each election a specific website to house, in
self-managed form, the propaganda of all the lists and coalitions competing on the basis of equality
, and ensuring adequate information about its existence with particular reference to
citizens living abroad; civil and criminal liability for the contents of entrusted
pages each list and the coalition falls exclusively on the legal representatives of this and not on public officials
site administrators;
D) organize comparisons and debates open to the citizens of the Republic in the Castelli among all
lists and coalitions and, in the case of any ballot is held between the lists and / or coalitions
participant in the ballot ;
E) to organize, for the first round of voting, meetings in major consular between lists and
coalitions of lists at state expense, all as will be governed by special decree
Managing
issued on a proposal of the Election Committee. ".

Art.10


Article 26 of the Qualified Law 11 May 2007 n. 1 is replaced by the following:

"Art. 26
(Urgent measures for the streamlining of administration)

1. By delegated decree it shall be established a ballot plural or other
election document of a permanent nature, also in electronic format, in place of
ballot in force and with the same function of the latter.
Election to the document will be given additional duties to facilitate the conduct of administrative
.
2. With the delegate above Decree will be determined the features and functions of
document, the data relating to the holder as entered in the document, the provisions
updating and renewal of the certificate, as well as procedures for issuing by the Office of Electoral
State. ".


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Art.11
Article 27 of the Qualified Law 11 May 2007 n. 1 is replaced by the following:


"Art.
27 (Final Provisions)

1. The Congress of State, by delegated decree, will adopt a Coordinated Text of the provisions of applicable laws
in electoral matters, for the sole purpose of cognition.
2. They are repealed all provisions inconsistent with this Law.



Art.12 (polling mode for voters abroad)

1. The voter residing abroad can only express the voting list or coalition.
2. The board reserved for voters living abroad will have the characteristics of the model
described in Table attached to this law called "A1 bis".

Art.13


1. Article 7 of the Law 114 of 30 November 2000 is hereby repealed.

Art.14


The first paragraph of Article 4 of Law 14 March 1997 n. 36 is amended as follows:
"1. The Election Commission, after the admission of the lists of candidates in accordance with Article
16 of the Electoral Law and in any case no later than the thirtieth day before that of
elections, provides for the demarcation of the spaces referred to ' Article 3. Each allowed list entitled
to an area of ​​equal size whose measures will be determined by the Electoral Commission
. ".



Art.15 (Prohibition of the use of cameras and cell phones in the voting booths)


1. In elections and referendums it is forbidden to bring in cabins electoral
, on pain of nullity of the vote, cell phones or other devices able to photograph or record images
.
2. President Electoral Office of the Chamber, at the time of the performance of the
identification document and the ballot by the voter, invites the voter to deposit the same
equipment indicated in paragraph 1 of which has in its possession. 3
. Equipment filed and taken over by the President Electoral Office of section returned
voter after casting of votes.
4. Violating the prohibition referred to in paragraph 1 shall be punished with imprisonment of First Instance and the '
third-degree disqualification from political rights.



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Art.16
Article 15 of the law 28 November 1994 n. 101 is amended as follows:

"Art. 15
(Impediments to Referendum)


"Over the 12 months he can not keep most of a session dedicated to the performance of one or more referendums
.
In the same round are clustered further referendum whose applications are presented in
useful terms.
The referendum can not take place within the six months prior or subsequent to the policies
elections and elections for the appointment of at least 5 Castle of the Captains and their Councils and
but not earlier than six months from the performance of the aforementioned consultations.
The Regency fixes the Referendum in cases governed by the preceding paragraph
issuing the decree on the expiry of the period mentioned.
The early dissolution of the Great and General Council or the need to proceed to the election of at least 5
early Captains Castle and related Juntas
determine the suspension of the procedures of the referendum already held. The suspension is declared with
Regency Decree; also with Regency Decree will be willing to reopen the suspended
procedures under the terms laid down in the third paragraph of this Article. ".

Art.17


Paragraph 3 of Article 17 of the law 28 November 1994 n. 101 is amended as follows:
"The polling stations are made according to the rules of the electoral law in force at the time

The constitution of the seats themselves, except for the provisions governing the electoral office
intersectional, whose constitution is not provided for referendums.
Remains except the right to attend all the operations of the polling station as well as the representatives of the political forces
referred to in Article 16 also for the representatives of the Committee of the promoter
referendum itself and the Committee Opposed . ".



Art.18 (coordination rules)

1. In order to ensure the correct application of the rules and the functional
completion of the electoral process, by delegated decree, to be taken after receiving the opinion of the Bureau of the Council
Great and General broadened to all the Board's Representations, also in
derogation from Article 21 of the Qualified Law n.184 / 2005, will be introduced amendments
technical, coordination and implementation. E 'without prejudice to the power to enact by regulation standards
applications and models, proposed by the Electoral Commission.



Art.19 (Final Provisions)

1. All acts and documents produced and to be produced in application of the rules on election
are exempted from registration. The exact date of the documents to be produced is attested by their
filing in the relevant offices.

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Art.20 (Temporary provision)

1. The elections for the renewal of the Captains of the Castle and their Juntas
maturing in November 2008 and the Captain of the Castle and the Borgo Maggiore
council will be held in the year 2009, only date that It will be secured by Regency decree.



Art.21 (Entry into force)

1. This Law shall enter into force on the fifth day following that of its legal publication
.


Our Residence, this day of August 5 2008/1707 dFR




THE CAPTAINS REGENT
Pink crocuses - Federico Pedini Amati






THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta