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Order Fom / 492/2005, Of March 2, Laying Down Rules On The Collaboration Of The Post In Elections To The Basque Parliament Are Held.

Original Language Title: ORDEN FOM/492/2005, de 2 de marzo, por la que se dictan normas sobre la colaboración del Servicio de Correos en las elecciones al Parlamento Vasco.

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TEXT

By Decree 2/2005 of 21 February, published in the Official Gazette of the Basque Country No 36 of 22 February, elections to the Basque Parliament are called, which will be held on Sunday 17 April 2005. Article 22 of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalization of Postal Services, and Article 50 of the Regulation governing the Provision of Postal Services, in the development of the In the aforementioned Law, approved by Royal Decree 1829/1999 of 3 December, provides for the participation of the State Post and Telegraph Society, in its condition of operator to which the provision of the universal postal service is entrusted, in the normal development of electoral processes. In order to achieve due effectiveness in the performance of the State Post and Telegraph Society in these elections, I have:

I. Postal mailings of election propaganda to be sent by post

1. Election propaganda submissions

They have the consideration of electoral propaganda shipments of the postal objects deposited by the parties and federations registered in the corresponding Register, the coalitions constituted according to the provisions of the Núme-ro 2 of the Article 44 of the Organic Law 5/1985 of 19 June of the General Electoral Regime and the groups of voters, provided that they meet the requirements laid down by the special provisions of that Law.

2. Packaging of shipments

These shipments must be carried in the central upper part of the front, the inscription "Post of electoral propaganda" and may be presented open or closed, maintaining in any case the condition of printed and the faculty that the State-owned Post and Telegraph Company has to act in accordance with the provisions of Article 18 of the Regulation governing the Provision of Postal Services, approved by Royal Decree 1829/1999 of 3 December. The name and address of the sending political group, or the symbol or symbol identifying it, is not mandatory.

Such submissions may be submitted without address or with the address of the addressees.

3. Repository of shipments

Postal propaganda postal items will have the character of ordinary ones; they will be deposited in the post offices that the State Company determines, and will be accompanied by an invoice stating the number of posts. objects deposited, their destination and the sender's name and signature.

Since the distribution of propaganda must be carried out during the dates of the electoral campaign, fixed between 1 and 15 April 2005, both inclusive, the deposits must be made in good time, referring to these effects the period from 27 March to 4 April.

4. Applicable tariffs

In accordance with the provisions of Article 12.1 of Royal Decree 605/1999 of 16 April 1999 on the supplementary regulation of electoral processes, the provisions of the provisions of the electoral campaign will be applied to the electoral propaganda. specific rules on postal charges for electoral propaganda, in particular the Order of 3 May 1977, published in the Official Gazette of the number 106 of 4 May 1977, processed in euro in accordance with the provisions of the Law 46/1998 of 17 December 1998 on the introduction of the euro.

5. Course and delivery

5.1 In the treatment of ordinary correspondence, priority will be given to the electoral propaganda, articulating the mechanisms necessary for its distribution in time.

5.2 Where the number so requires, they shall be included in containers or containers, the label or cover of which shall contain their contents, the rules governing the course of consignments of ordinary correspondence and cards being applied. postal services. 5.3 The distribution of the electoral propaganda submissions shall be made only on the days of the electoral campaign, between 1 and 15 April, inclusive. 5.4 In accordance with the provisions of Article 53 of the Organic Law 5/1985 of 19 June of the General Electoral Regime, electoral propaganda cannot be distributed on the day of the vote or the immediate one. 5.5 The distribution of electoral propaganda may be carried out by post in the ordinary distribution of letters and postcards or by special reservations. 5.6 Shipments not delivered by any cause to the recipients at the end of the electoral campaign will be returned by the Post Office and the Post Office to its Provincial Headquarters within 15 days. These shipments, together with those of the Provincial Chief's Office, will be applied to the regulations in force for the expired correspondence.

II. Vote by correspondence

6. Procedure to be followed for the issue of voting

6.1 Voters who foresee not to be at the date of voting in the locality where they are entitled to exercise their right to vote, or who cannot be personified on that date at the appropriate electoral table, may issue their Vote by mail, upon request to the Provincial Delegation of the Electoral Census Bureau, with the following requirements: a) The voter will request from the Delegation of the Electoral Census Office, from the date of the call and until the 7th day of April 2005, the tenth day before the vote, a certificate of registration in the Electoral Census. Such a request shall be made at any Post Office.

b) The application in the established model must be formulated personally. The Post Office employee will require the person concerned to display his National Identity, Passport or Driving Permit Document and check the match of the signature. In no case shall any photocopy effect of any of the above documents be accepted. (c) In the event of illness or incapacity preventing the personal formulation of the application, the existence of which must be accredited by means of official medical certification, it may be carried out on behalf of the constituent by another authorized person. notarial or consumerally by document which will be extended individually in relation to each voter and without it being possible to include several electors, not one person representing more than one elector. The application, addressed to the Provincial Delegate of the Electoral Census Bureau, will be filed in any Spanish Post Office along with the public deed of power granted to Notary or Consul, in the terms set out in the article. eighth of Annex IV to the Notary Regulation, which shall incorporate the official medical certificate of the disease or incapacity to prevent the voter from the personal formulation of his application. The postal employee who receives it will check the agreement of the firm of the proxy or authorized with that of its National Identity Document. In each case, the Electoral Board shall verify the concurrence of the circumstances referred to in this paragraph. 6.2 The Post Offices must also comply with the following rules:

(a) In accordance with the provisions of Article 31 of the Postal Services Regulation, the consignment containing the application for registration extended on the official form shall be submitted in open with the receipt of proof of admission. The postal worker who admits the consignment stamps the date stamp, the hour and minute of the admission, both in the head of the main document-the application-, and in the proof of the acceptance of the certified shipment, making it with greater care, so that the name of the office, the place, the hour and minute of the admission and, above all, the date, appear clearly.

When requested by the sender, the employee shall record the same circumstances of the consignment in the copy, photocopy or other reproduction of the main document provided by the person concerned. If the measures indicated are taken, the person concerned shall close the envelope and the employee shall formalise and deliver the tax, the matrix of which shall be filed in the office. (b) The voter may make the request until 7 April 2005, ten days before the vote is taken. (c) The deposit of the consignments at the Post Office shall be made at the time of the schedules established in each of them for the service of admission of registered correspondence. (d) The Postal Services shall forward to the Provincial Delegation of the Office of the corresponding Electoral Census within three days all the documentation submitted to them.

6.3 The submissions that the Electoral Census Bureau sends to the voters containing the registration certificate and the other electoral documents will be sent by registered and urgent mail to the voters.

6.4 The official model, containing the certificate of registration in the Electoral Census and the voting, will be presented as certified and urgent mail in any Spanish Post Office, during the hours of service the same, until the 13th of April 2005 inclusive, being admitted free of charge. 6.5 Envelopes that, adjusted to the official model, appear deposited as ordinary correspondence, will be returned to the electors to carry out their remission by registered mail. In the front of the envelope it will be stated: " Return to the sender. It must send this same envelope by registered post ". 6.6 The post offices of destination shall keep the envelopes received with a certificate until 17 April, giving them on that date, at nine hours, at the tables Each of them shall be recorded individually in a duplicate notice sheet, in one of the copies of which shall be collected by the President or, in the absence thereof, of the Vocal to replace him. 6.7 During the whole of November 17, the envelopes received up to twenty hours of this day will be delivered to the polling stations, with the same formalities. Envelopes received after twenty hours of the day set for the vote will be referred to the Zone Electoral Board. 6.8 All submissions that the Provincial Delegations of the Electoral Census Bureau direct to the voters, in which they are contain the certification of the registration in the Electoral Census and the ballot papers, as well as those who understand the requests for such documents, shall be free of charge when they circulate for the internal service, and must be admitted and submitted as a certified and urgent correspondence. The admission, classification, processing, course, transport, distribution and delivery of such consignments shall be of a preferential nature to the other items of correspondence.

7. Sending of the certificate of registration in the electoral census to the resident voters absent abroad and referral of the vote

7.1 The Provincial Delegations of the Electoral Census Bureau affected by these elections, in compliance with the provisions of Article 75 of the Organic Law 5/1985 of 19 June, of the General Electoral Regime, will forward In the case of persons registered in the census of absent residents who live abroad, a certificate of registration in the census and the rest of the electoral documentation referred to in Article 75.1 of the said Organic Law.

The shipment will be made on a certified and urgent basis, until March 28, 2005, thirty-fourth day after the convocation when the proclamation of candidates has not been challenged and no later than the 40th second day, April 5, 2005, otherwise. The voter will enter the ballot in the voting envelope, which, along with the certificate of registration in the Census, will be included in the envelope addressed to the Provincial Electoral Board competent for its scrutiny, and will forward it by mail. certified and urgent no later than 16 April 2005, the date before the vote. The voter may also exercise his right of vote no later than the 10th day of April 2005, the seventh day before the election, personally delivering the envelope in the Consular Office of the Career or Consular Section of the Diplomatic Mission in which he/she is The Office shall, in the case of its referral, by means of electoral dispatch, to the Office which shall be the Ministry of Foreign Affairs. This Office shall proceed to the urgent dispatch of the envelopes it has received to the corresponding Electoral Board. It shall be necessary for the validity of such votes to be clearly stated in the above mentioned above, a postmark or other official registration of a Post Office of the State in question or, where appropriate, of the Consular Office of Carrera or Consular Section of the corresponding Diplomatic Mission, which certifies, in an induitable way, the fulfilment of the temporary requirement that has been referred to in each case. 7.2 Post Office Services shall deliver on the Provincial Electoral Boards, which corresponds to, on a daily basis and up to the 21st of April 2005, the voting envelopes received from the absent residents abroad, and at 8 hours on 22 May 2005. of April 2005, the date on which the general scrutiny will be carried out, those received before that time. The envelopes to be received at later dates shall be sent without delay by the Post Office to the Secretary of the Provincial Electoral Board. 7.3 The postage of the consignments, such as certificates and urgent ones, will be compulsory, which the Provincial Delegations of the Electoral Census Office will direct to the voters registered in the Census of Absent Residents abroad. In the event that the Provincial Delegations of the Electoral Census Office are in the form of "paid postage", the cover "Port-Paye" must be entered in the cover. In this case, the services carrying out the admission of the consignments shall take note of the number, weight and characteristics of the consignments, as well as the amount of the corresponding charges. Also, the postage of the mail-in ballots is mandatory, which the voters resident abroad will direct to the respective Provincial Electoral Boards, with the exception of the voters residing in countries with which The appropriate agreement is signed (Argentina, Belgium, Brazil, Colombia, Cuba, Chile, France, Mexico, Peru, Dominican Republic, Switzerland, Uruguay and Venezuela), which will be able to deposit the envelope containing the vote by mail in the Offices Postal services of the country of residence free of charge, without the need for postage. The reimbursement of expenses incurred to voters resident abroad who must satisfy the amount of postage of the consignment containing the vote by mail, shall be carried out in accordance with the procedure laid down in Article 11 of the Royal Decree 605/1999 of 16 April 1999 on supplementary regulation of electoral processes.

8. Delivery of any other correspondence sent other than the one containing the vote

The Post Office will keep, until April 17, 2005, any other correspondence sent to the electoral tables, giving them at nine hours of the day to the respective tables with the corresponding formalities, according to his class. It will also continue to be delivered up to the twenty hours of that day.

9. Documentation Log

9.1 The State Correos and Telegrafos will carry the corresponding records of all the documentation generated by their collaboration in the electoral processes, which will be available to the Electoral Boards.

9.2 Post Office Services will record the envelopes containing ballots received by mail in these records, including the following data: certificate number, tax date, sender, election table and, in comments, 'vote by mail'. Any other document addressed to the electoral tables, as well as the envelopes containing the vote by mail received on an ordinary basis, will be entered in this register, stating, in addition, the date on which it was returned to the voter.

10. Collection of the form for the refund of postage

The Postal Services will collect from the Secretariat of the Provincial Electoral Boards, once the general scrutiny has been carried out, the printed ones intended to enable the election to be returned to the voter of the expenses of the satisfied postage for the referral of your vote by mail.

11. Vote by mail from embarked staff

11.1 For the vote by mail of the embarked staff, the provisions of Article 9 of Royal Decree 605/1999, of 16 April 1999, of supplementary regulation of electoral processes will apply.

11.2 The boarded-up staff, referred to in this provision, may request from the corresponding Provincial Delegation of the Electoral Census Bureau a certificate of registration in the census, making such a request by radiotelegraphy. 11.3 The shipments deposited by the Provincial Delegations of the Electoral Census Bureau, containing the registration certificate and the ballots and the ballot envelopes, will be submitted free of charge, since they will be directed to a port of the national territory. 11.4 Shipments, containing the documentation referred to in the previous point, direct the voters, from any of the ports in which the vessel will attract, to the appropriate Electoral Table, they will be sent free of charge by mail certified and urgent before the 13th of April 2005.

12. Free character of submissions with electoral documentation

The envelopes containing electoral documents that will be sent by the Electoral Boards will be free of charge and will be compulsorily circulated by registered and urgent mail.

Also, the envelopes containing electoral documentation submitted by the Electoral Census Bureau or its Provincial Delegations shall be free of charge, with the exception of the shipments referred to in point 7.3 of this Order.

Final disposition first. Operational instructions.

By the State Post and Telegraph Society the necessary measures will be taken to make effective the collaboration of the Post Office in the development of electoral processes in the terms provided for in this Order.

Final disposition second. Entry into force.

This Order will enter into force on the day of its publication in the "Official State Gazette".

Madrid, 2 March 2005.

ALVAREZ ARZA