Chapter 5

Electoral Power Icon

Article 292

Electoral Power is exercised by the National Electoral Council as governing body, and by the latter’s subordinate organs, the National Board of Elections, the Civil Status and Voter Registration Commission and the Commission on Political Participation and Financing, with organization and functioning as established under the pertinent organic law.

Article 293

The following are functions of Electoral Power:

  1. To regulate election laws and resolve any doubts and unregulated areas raised by or contained in such laws.
  2. To prepare its budget, concerning which it shall handle directly with the National Assembly, and which it shall manage autonomously.
  3. To issue binding directives in the field of political and electoral advertising and financing, and impose penalties when such directives are not abided by.
  4. To declare elections null and void, either in whole or in part.
  5. Organization, administration, direction and vigilance of all acts relating to elections to fill public offices by popular vote, as well as referenda.
  6. To organize elections for labor unions, professional associations and organizations pursuing political purposes, in accordance with applicable provisions of law. Electoral Power shall also have the power to organize electoral processes for other organizations in civil society, either at their request or by order of the Electoral Division of the Supreme Tribunal of Justice. The entities, organs and organizations concerned shall cover the costs of their election processes.
  7. To maintain, organize, direct and supervise the Civil and Electoral Registry.
  8. To organize the registration and enrollment of organizations pursuing a political purposes, and see that such organizations comply with the provisions governing their status, as set forth in the Constitution and law. In particular, Electoral Power shall decide on applications for the founding, renewal and cancellation of organizations for political purposes, the determination of their lawful authorities and provisional names, colors and symbols.
  9. To control, regulate and investigate the funds raised to finance organizations for political purposes.
  10. Such other functions as may be determined by law.

Electoral Power organs shall guarantee the equality, reliability, impartiality, transparency and efficiency of electoral processes, as well as implementation of the personalization of suffrage and proportional representation.

Article 294

The organs comprising Electoral Power are governed by principles of organic independence, functional and budgetary autonomy, separation of the electoral organs from the political parties, impartiality and citizen participation, as well as decentralization of electoral administration, transparency and expeditiousness of the voting process and tallying of votes.

Article 295

The Election Nominations Committee for candidates for membership seats on the National Electoral Council shall be made up of representatives of the various different sectors of society, as provided for by law.

Article 296

The National Electoral Council shall consist of five members having no ties to organizations for political purposes; three of these shall be nominated by civil society, one by the schools of law and political science of the national universities, and one by the Citizen Power.

The 3 members nominated by civil society shall have six alternates in ordinal sequence, and each of the members designated by the universities and Citizen Power shall have respectively two alternates. The National Board of Elections, the Civil Status and Voter Registration Commission and the Commission on Political Participation and

Financing shall each be presided over by a member designated by civil society. The members of the National Electoral Council shall hold office for seven years and shall be elected separately: the three nominated by civil society at the beginning of each term of office of the National Assembly , and the other two halfway through such term of office.

The members of the National Electoral Council shall be designated by a two thirds vote of the members of the National Assembly. The members of the National Electoral Council will designate their President among them in accordance with the Law.

The members of the National Electoral Council shall be subject to removal by the National Assembly, following a ruling of the Supreme Tribunal of Justice.

Article 297

The contentious electoral jurisdiction shall be exercised by the Electoral Section of the Supreme Tribunal of Justice and any other Courts established by law.

Article 298

The law regulating electoral process shall not be in any form modified in the period between the elections day and the preceding six months.

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