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Order Of 14 February 1986 Which Regulates The Election Of The Territorial Councils And General Of The Organization National Blind Spaniards (Eleven).

Original Language Title: Orden de 14 de febrero de 1986 por la que se regula la elección de los Consejos Territoriales y General de la Organización Nacional de Ciegos Españoles (ONCE).

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TEXT

Ilmos. Mr Messrs: Under the provisions of the first transitional provision of Royal Decree No 1041/1981 of 22 May 1981, the Ministry of Labour, Health and Social Security adopted the Order of 29 September 1981 on the Initial election of the Territorial and General Councils of the Spanish National Blind Organization.

After the experience gained during the first term of office and on the basis of the final provisions of Royal Decree 1041/1981 of 22 May 1981 on the reordering of the ONCE and Article 7 (2) (b) of the same Treaty Royal Decree, according to the wording given by Royal Decree 2385/1985, of 27 December, on the modification of the organic structure of the ONCE, a new order regulating the electoral process within the National Organization Spanish Blind.

PRELIMINARY CHAPTER

General provisions

Article 1. 1. The elections to the Territorial and General Councils of the National Organization of the Blind will be governed by the provisions of this Order, with the application of the Organic Law 5/1985, of June 29, of the General Electoral Regime.

2. The General Council of the National Organization of the Blind Spanish shall call elections to the Territorial Councils at least three months in advance of the date of termination of their mandate, without prejudice to the provisions of the provision The only transitional period of this order, which regulates the initiation of the next electoral process.

The day when the convocation agreement is adopted will be the beginning of the electoral process, and the largest dissemination within the Organization will be given.

CHAPTER FIRST

From the Electoral Census

Art. 2. The electoral census shall be constituted by the members of the National Organization of the Blind Spanish with the right to vote, which shall be all those who are eighteen years of age on the date set for the celebration of the elections, and that they are in use of their civil rights.

Art. 3. No. 1. Each Territorial Delegation shall draw up a provisional electoral census in which all the members with the right to vote shall be included, grouped by each of the various Administrative Centres and Directorates, in alphabetical order and numbered correlatively.

2. The territorial delegates will publish the provisional lists in the bulletin board of each delegation, sending a copy to the Administrative Directorates, Agencies, Corresponsalias and the Centers and Dependencies of their demarcation, for their due to the dissemination of information among the parties concerned, in order to enable them to make appropriate complaints to the delegates, and to introduce the amendments.

3. After 20 days from the date of publication, and once the appropriate corrections have been made, the final relationship from which copies will be sent to the Electoral Board of the Constituency and to the Electoral Board shall be made public. Central.

4. Where an elector provides that on the date of the vote he shall not be in his electoral district, he may exercise his right to vote only in the demarcation in which the electoral roll is registered, by means of the procedure provided for in the Article 25.

CHAPTER II

Of The Electoral Boards

Art. 4. No. 1. The electoral organization will be responsible for the Electoral Boards that are regulated in this chapter.

2. The Central Electoral Board will be based in the General Council of the National Organization of the Blind, located on the street of José Ortega y Gasset, number 18, Madrid 28006, and its tasks are as follows:

a) Solve the consultations that raise you to the Territorial Electoral Boards and issue instructions to them regarding their competence.

b) Solve complaints, complaints and appeals in all matters relating to the formation, rectification and compuse of censuses, as well as all electoral acts.

c) The reception, examination, final approval and scrutiny of the data reflected in the minutes of the Territorial Electoral Boards.

d) The proclamation of the general results of the data reflected in the minutes resulting from the elections held by the Electoral Tables.

3. The Central Electoral Board shall be composed of five Vocals, all of whom are members of the Organization, selected by lot among the voters with residence in Madrid, who have requested to be part of the same and who are not candidates for the elections. Territorial Councils.

4. The selected Vowels shall decide who among them is to perform the duties of President and Secretary of that Board.

Art. 5. 1. A Territorial Electoral Board shall be established at the headquarters of each Territorial Delegation, with the following functions:

a) Resolve and manage all issues related to elections in their respective demarcations.

b) Velar for the purity of the elections.

c) Adopt the necessary measures for the constitution of the Electoral Tables, in the form that is determined in Article 11 of this legislation.

d) The reception of the minutes of the Electoral Tables of their demarcation, and the realization of the total scrutiny, in the light of the data contained in each act. The result of the vote will be taken in a new record that will be sent to the Central Electoral Board within the deadline set for this purpose.

e) The publication of the provisional results of the elections for the election of the Territorial Councils.

f) Raise the Central Electoral Board, duly informed, with any complaints about its actions, and transfer the minutes with the provisional results of the elections to the Territorial Council.

2. The Territorial Electoral Boards shall be constituted by five Vocals selected by lot among the members, with residence in the locality where they radiating the seat of the Board, who have requested to be part of the same, that appear in the respective electoral censuses and which are not candidates for the General Council or the Territorial Council.

3. The selected Vowels will decide who among them is to perform the functions of President and Secretary of these Boards.

Art. 6. 1. The act of the drawing for the selection of the Vocals of the Boards shall be public and shall be convened and chaired by the Director-General of the Organization, who shall take all appropriate measures to ensure the purity of the procedure.

2. Applications to be part of the Central Electoral Board shall be addressed to the Presidency of the General Council.

3. The requests to be part of the Territorial Boards and Electoral Tables shall be addressed to the corresponding territorial delegate of the Organization.

Art. 7. In order for the agreements of the Boards to be valid, the assistance of at least half, plus one of its members, will be required.

Art. 8. No. 1. If the number of candidates for Vocals of the Electoral Boards is equal to or less than the total number of Vocals required to be established, they shall be automatically proclaimed, with a draw to supplement the same, if any, among the candidates. remaining members on the respective electoral lists, up to a maximum of five times that of the vacant Vocalias.

With the names obtained in the draw and in the same order in which they appear, a relationship will be made, excluding the candidates to the Councils.

2. The acceptance of the Vocalias by the above procedure shall be voluntary, and the offer shall be made in accordance with the order referred to in the previous paragraph, to each of the members listed in the relationship, until the The Electoral Board is completed.

Art. 9. 1. Once the Central Electoral Board and the Territorial Territories have been established, its composition will be published in all the departments of the National Organization of the Spanish Blind, in terms of the first, and in its respective demarcation, that of the others.

2. The Central Electoral Board shall be constituted within 10 days of the date of the convocation of the elections, as referred to in Article 1. following the date of the establishment of the Central.

Art. 10. Both the Central Electoral Board and the Territorial Electoral Board will meet when they are convened by their Presidents or are requested by one half more than one of their Vocals.

CHAPTER III

From The Electoral Tables

Art. 11. 1. The Electoral Tables shall be composed of a President and two Vocals, affiliated and appointed by the procedure laid down in Article 5 (2), and in Article

.

2. Its seat shall be, in any case, the Delegation or Center which the Territorial Electoral Board determines, in accordance with the provisions of Article 12.

3. He will act as President of the oldest Vocal, and as Secretary, the youngest in the National Organization of the Spanish Blind, being replaced in case of absence by the Vocals that follow them in greater and lesser antiquity, respectively.

4. The drawing for the selection of the Vocals of the Messes will be public, and will be convened by the President of the respective Territorial Board, and its celebration will be held in the same act, place, and date as the Electoral Boards.

5. Requests to urinate part of the Electoral Table will be addressed to the Presidents of the corresponding Electoral Boards.

Art. 12. 1. For each Electoral Center whose census is not less than ten voters and no more than a thousand, an Electoral Table will be set up.

2. If the registered voters in the Census were more than a thousand, one Table shall be constituted for each thousand or fraction, distributing their number equally among the resulting Mesas.

3. The Electoral Tables will have, as specific missions among others, the following:

a) Chair the act of the vote.

b) Receive the vote, after identification of the voter and verification of their inclusion in the corresponding electoral list.

(c) The receipt of the votes received by mail, to be delivered by the respective Electoral Board, filling in the vote of the same, in accordance with the electoral regulations.

d) Move any complaints that may be made about their actions to the corresponding Electoral Board.

e) To verify the scrutiny and to raise the corresponding record that, once completed, will be submitted to the Electoral Board.

Art. 13. In the act of voting and verification of the scrutiny, each Vocal may be assisted by a person who is a seer of his free choice and, failing that, by which the National Organization of the Blind makes available to him.

CHAPTER IV

From candidates to Territorial Councils

Art. 14.1 For the election of territorial councillors, each Delegation of the National Organization of the Spanish Blind will constitute an electoral district, according to the territorial structure in force in the ONCE on the date of the convocation of the elections.

2. Each electoral district will have three territorial councilors, increasing that number with one more Counsellor for each 500 affiliated to a fraction of more than 200 that appear in the census, without being able to exceed the total number of 14 members.

Art. 15. The choice of territorial councillors, in each of the constituencies, shall be in accordance with the following rules:

1. The lists which run for the elections within each district shall contain a number of candidates, at least two to the number of territorial members assigned to the district, on whose census they must be registered, and, at most, the double, of those Vocalias to cover.

2. Applications must be accompanied by the acceptance, expressed in written form, of each of the candidate members, with the need for them to be endorsed by a number of non-candidate members included in the census. five times more than the number of candidates on the list. Each affiliate may only endorse a nomination.

3. The request for participation in the elections shall be made to the President of the Electoral Board corresponding to the candidate who is the head of the list, within the time limit specified in the electoral calendar and with the requirements laid down in the the previous paragraph.

4. Each of the constituents of a district may only give its vote to a single list, without making any changes, or alter the order of placement of the candidates.

5. The allocation of posts by territorial councillors shall be in accordance with the following rules:

a) A recount of the votes obtained for each list in the district shall be made.

(b) Those lists which have not obtained at least 10 per 100 of the valid votes cast in the district shall not be taken into account.

c) The total number of valid votes in a district shall be divided among the number of members to be elected in the district, thus obtaining the number of votes required to obtain a post. The number of votes in each list shall be divided by the precise quantity for obtaining a post, with the remaining posts being allocated to the largest remains, in a degressive manner.

6. Where in the ratio of fractions two corresponding to different lists, the post of territorial councillor shall be awarded to the list with the highest total number of votes. If there are two lists with the same total number of votes, the draw shall be settled by lot.

7. Given the number of territorial council members corresponding to each list, they shall be awarded to the candidates included in the list in the order of placement in which they appear.

8. In the event of the death, incapacity or resignation of an elected candidate, the post of territorial councillor shall be attributed to the candidate of the same list to which it corresponds, in accordance with the provisions of paragraph 5 of this article.

Art. 16. 1 The Vocals of the General and Territorial Councils are incompatible with each other and with the managerial positions of the ONCE, as referred to in Article 6 of Royal Decree 1041/1981, of 22 May, as amended by Article 5. Royal Decree 2385/1985 of 27 December 1985 on the modification of the organic structure of the ONCE.

2. In addition, once the General Council has been established, none of its members may be appointed for the performance of the management posts referred to in the previous paragraph, and this shall be done during the period of the term of office of the General Council. General.

Art. 17. 1 Each candidate may appoint an Interventor in each Electoral Bureau, which shall, after the vote, record in the minutes its conformity or disagreement if it has observed irregularities, specifying these.

2. The applicant wishing to appoint Interventor will extend to his favour a document, in duplicate, in which this end, which must be presented to the President of the Electoral Bureau, shall be presented 24 hours before, at least, on the day of the vote.

The President of the Bureau, together with the Secretary of the Bureau, will authorize with his signatures the expressed document, filing the copy and returning the original to the aforementioned Interventor, so that he can accredit his personality before the Bureau. The appointment of the Financial Controller may not, in any case, be made by a candidate.

3. The Presidents of the Electoral Tables shall provide to the Interventors of the candidacies of the corresponding electoral census.

CHAPTER V

Award of Vocals to the General Council

Art. 18. 1 The 15 positions of the General Council shall be attributed to the candidacies and coalitions submitted to the elections of the territorial councilors in the same proportion as the total number of territorial councilors obtained by each of those in state computation.

2. In order for a candidature or coalition to be able to access the proportional allocation of posts to the General Council, it must have applied for at least three electoral districts and obtain at least 1/15 of the total number of members. State-level territory.

3. Each candidate meeting the requirement referred to in the preceding paragraph shall issue which or which of its elected territorial members shall have access to the General Council, within the number of posts which it corresponds to in the light of the allocation. proportional.

4. The coalitions which, equally, satisfy the above requirement must first determine, and in the document of constitution of that coalition, the rules or criteria to designate from among its elected territorial councilors which or which shall have access to the General Council in the proportion to which it is assigned.

Art. 19. 1 In the event of the death, incapacity or resignation of an elected candidate, the vacancy shall be attributed to the candidate of the same list to whom it corresponds.

The same criterion shall apply to cover vacancies occurring during the term of office of the General Council.

2. In any case, the candidates who join the General Council and the Territorial Council, after the date of their constitution, will cease on the same day as the end of the term of the remaining members.

3. The constitution of the General Council and the appointment of its President and Vice-President shall be in accordance with the provisions of Article 33 of this Order.

CHAPTER VI

From the ballot papers

Art. 20. 1 The Presidents of the electoral tables shall take the necessary measures to ensure that a sufficient number of ballot papers for each candidate are available to all voters, which shall be in accordance with the official model. The names of the candidates in ink and Braille are listed.

2. Each ballot shall contain all the names of the list of candidates to which it relates without, under any circumstances, the number of the number of Vocalias to be covered.

Art. 21. Each voter shall give his or her vote to a single list, without any amendment, or alter the order of placement of the candidates.

CHAPTER VII

From the exercise of voting

Art. 22. The vote must be free, personal and secret. Voters to exercise the right to vote, in addition to meeting the requirements laid down in Article 2, must be identified by the presentation of the national identity card, passport or membership card to the ONCE.

Art. 23. 1 The vote of the staff with residence in the localicadad where the delegations and the centres in whose headquarters are constituted the electoral tables will be exercised directly, with the voters of the various centers of the locality in the Electoral bureau on whose census they appear.

2. The ballot entered in the envelope provided for this purpose by the Bureau shall be delivered to the President of the Bureau who shall enter the ballot box.

3. Each electoral bureau shall have at its disposal the final list of voters, and shall record in it, as the voters are voting, the indication that they have done so, by means of a "V", next to their name.

4. Finally, the members of the electoral bureau with the right to vote will vote, and the vote will be closed.

Art. 24. 1. Members belonging to the National Agency and the census of less than 10 voters will be assigned to the census, the nearest center and the best communication.

2. This membership will be provisionally decided by the Territorial Delegate and subsequently confirmed or rectified by the Territorial Electoral Board.

3. The ONCE shall provide the maximum facilities for the movement to the place of voting for the members referred to in this Article.

Art. 25. 1 Members who provide that on the date of the vote shall not be held in the locality in which they are entitled to exercise their right to vote, or who cannot be personable, may cast their vote on the basis of their request to the Territorial Delegation in whose census must be the voter, with the following requirements:

(a) The voter shall request the corresponding Territorial Delegation from the date of the call and up to the fifth day before the date of the vote, a certificate of registration in the census.

(b) The application must be made personally. The postal officer responsible for receiving them will require the person concerned to display his national identity card and check the agreement of the firm. In no case shall these photocopy effects of the national identity document be accepted.

c) In case of illness or incapacity that prevents the personal formulation of the application, it may be carried out on behalf of the voter, by duly authorized person, crediting his identity and representation with document authenticated by Notary or Consul. In each case, the corresponding electoral board may check the concurrency of the circumstance referred to in this paragraph.

2. Upon receipt of the request referred to in the preceding paragraph, the Territorial Delegation shall check the registration, make the corresponding entry in the census, so that the day of the elections shall not be carried out personally, and shall extend the certificate requested.

3. The Territorial Delegation shall then forward to the voter, to the address by the person indicated or, failing that, to the one on the census, the ballot papers and the envelopes, together with the certificate referred to in the preceding paragraph and an envelope in which the It will be the address of the Bureau where it is appropriate to vote. An explanatory sheet shall be attached to the above documents.

4. Once the voter has chosen or, if necessary, filled out the ballot paper, he/she will enter it in the voting envelope and will have dinner. It shall include the vote on the vote and the certificate in the envelope addressed to the Bureau and forward it by registered post. This one about doesn't need franking.

5. Until the day of the vote, the Post Office will keep all correspondence addressed to the Electoral Tables and move it to those Messes at nine in the morning. It will also continue to transfer the one that can be received on that day, up to twenty hours of the day.

CHAPTER VIII

Scrutiny

Art. 26. The elections will be carried out by the members of the Electoral Board, with the help of the people who attend them and in the presence of the Interventors, if any.

Art. 27. The ballots in which one of the following circumstances apply shall be declared null and void:

(a) Those that have been deposited with another or other in the same envelope.

b) Those in which they appear, in addition to the names of the candidates, any words or drawings.

c) Those that do not conform to the official model.

Art. 28. After the vote, each Bureau shall draw up the corresponding minutes, in which, among other information, the total number of registered voters, the number of votes cast, valid, blank and void, as well as the ratio of the of candidates with an expression of the number of votes obtained for each of them.

Art. 29. 1. The minutes, which shall be signed by all the members of the Bureau and by the Interventors present, shall be delivered on the day of the vote, when they radiate in the same locality, to the President of their respective Electoral Board, for the purposes of referred to in paragraph 1 (d) of Article 5 (1

.

2. When the Bureau corresponds to a locality other than that in which the Board of Elections is based, the minutes shall be forwarded to the Chair of the Board, by registered post, or by any other procedure, faster and more secure, following the vote, without prejudice to the fact that the Presidents of those tables have communicated by telephone the results of the vote to the President of the corresponding Electoral Board, at the end of the vote, so that they can be held in the provisional results of the district are published.

3. From the minutes raised by the Board, copies will be sent to each of the offices that make up the electoral census for their exhibition on the official bulletin board.

4. Of the minutes raised by the Bureau and Territorial Electoral Boards, a copy will be given to the Territorial Delegate for his file at the Center.

5. In conjunction with the minutes, the Presidents of the Messes shall send to the President of the Electoral Board the voting ballots, duly classified, in accordance with the results obtained, for the purposes specified in the Additional provision first.

Art. 30. 1. The results of the results of the tests reflected in the Acts of the Territorial Boards shall be provisional and may be appealed for within five days from the date of the date of the same.

2. During this period, it may be possible to make any complaints to the Territorial Electoral Boards.

3. Within three days of the end of the deadline indicated by the Territorial Boards, they must send, duly informed, the complaints to the Central Electoral Board, which will have five days to resolve the complaints. publication of the final general results of the elections and the proclamation of the Territorial Advisers. The resolution of the Central Electoral Board on the filed complaints will put an end to the administrative route.

4. The Central Electoral Board shall communicate the outcome of the elections to the Director General of Social Action and to the General Council of the ONCE.

Art. 31. The sessions of the Central and Territorial Electoral Boards, which have as their object the examination and computation of the data reflected in the minutes resulting from the elections, will be of a public nature, with the possibility of participating, with a voice and without a vote. Interventors of each candidature.

CHAPTER IX

From the constitution of the General Council

Art. 32. Within five days of the publication by the Central Electoral Board of the final results of the elections by electoral districts, the same Board shall be awarded the provisional award of the Council Vocalias. General, in accordance with the provisions of Article 18 of this Order. In the light of the claims which may be made by the financial controller within three days, the results shall be either final or rectified within three days.

Art. 33. 1. Within five days, starting from the final proclamation by the Central Electoral Board of the number of Vocals corresponding to each candidacy, the candidates must submit the nominal list of candidates to the General Council and the President. of the Central Electoral Board, who shall, within three days, transfer the same to the President of the General Council of the ONCE, so that the General Council shall be convened, within five days, to be composed of the General Council, for the act of incorporation of that Council.

2. The election of the President and two Vice-Presidents shall be held at the same sitting. The election will be held successively for each of these positions, by absolute majority and if not achieved is in the first three votes, will be proclaimed the ones with the highest number of votes in the fourth.

3. In the event of a tie, the Counsellor shall be proclaimed from the list with the highest number of votes and, if they are on the same list, the oldest.

CHAPTER X

From Election Propaganda

Art. 34. 1. The Directorate-General of the Organization shall submit to each candidate requesting it through his representative a number of copies in ink and Braille of his electoral propaganda, which in no case shall be greater than 70 and 30 per 100, respectively, of the total number of affiliates listed in their census with a maximum extension of 2,000 words.

2. From this propaganda, the Directorate General will send a copy in Braille and in ink to each of the dependencies of its demarcation for its exhibition in the bulletin board.

3. In addition, the Directorate-General shall send to each Head of Centres two copies of such electoral propaganda, recorded in cassettes, and may request any affiliate of the Service of the Book to speak the number of copies it wishes, prior to the sending of the cash amount of the amount of the cassettes.

4. The ONCE shall dispense with its assistance to the members of each candidate up to a maximum of one and a half days for each post of territorial councillor to be covered in a territorial demarcation. The above shall be understood as referring to the electoral period, to each of the candidates and shall be computed in working days.

These working days may be accumulated or distributed among the different components of each application.

5. The ONCE Delegations and Centres will facilitate the distribution in their own headquarters of the propaganda that is delivered to them by the various candidacies.

6. The Delegates and Heads of Centre shall authorise the holding of meetings and assemblies for electoral purposes at the premises of the ONCE, provided that they are requested by the candidates forty-eight hours in advance and the convenors are held responsible. of the same order during its development.

7. All activities related to electoral propaganda shall be carried out during the period established for this purpose, and shall end 24 hours before the beginning of the voting.

ADDITIONAL PROVISIONS

First.-The ballot papers, once the vote is finished, will be delivered through the Territorial Electoral Boards, in sealed, sealed and sealed envelopes, to the Territorial Delegates, whose custody they will have to remain until the final proclamation of the Territorial Councils.

Second.-The time limits referred to in this regulation must be counted for working days.

Third.-The Presidents, Vocals and Secretaries of the Boards and Electoral Tables of the Territorial Delegations, as well as those of the Administrative Directorates and the Centers with Census, greater than 100 members, will receive a compensation of 3,000 pesetas for their attendance and participation during the day the elections take place.

The same members of the Electoral Tables incorporated in the Administrative Agencies and Directorates whose census does not exceed 100 members will receive 1,500 pesetas for the same concept.

If you are a seller, you will also receive compensation in accordance with the regulations in force in the ONCE for the Enterprise Committees.

Fourth.-The Electoral Tables in the Territorial Delegations, as well as in the Centers with a census of more than 100 members, shall remain open for the reception of the vote without interruption, from nine to twenty hours. The Electoral Tables of Delegations and Centers with a census of no more than 100 affiliates will operate from nine to sixteen hours.

Fifth.-The General Council of the ONCE prior to the favorable report of the Protectorate will fix, within the fifteen days following the publication of this Order, the criteria and amounts of the grants to the candidates for each Vocal of the General Council and for each vote obtained.

TRANSIENT DISPOSITION

The General Council of the ONCE shall set the date of the initiation of the electoral process within thirty days of the publication of this Order in the "Official Gazette of the State", for the purposes of the Article 1. of the same.

FINAL DISPOSITION

The Directorate-General for Social Action is hereby authorised to issue the instructions for the application of this Order, which shall enter into force on the day following its publication in the Official Gazette of the State.

REPEAL PROVISION

The Order of 29 September 1981 for the establishment of the original constitution of the General and Territorial Councils of the National Organization of the Blind Spaniards is hereby repealed.

What I say to VV. II. for their knowledge and effects.

Madrid, 14 February 1986.

ALMUNIA AMANN

Ilmos. Mr Secretary-General for Social Security and Director-General for Social Action.