ON TRANSPARENCY, LIMIT AND CONTROL OF ELECTORAL EXPENDITURE Having present that the National Congress has given its approval to the following: Bill: " TITLE I Of Electoral Expenditure Paragraph 1 Of The Object of the Law and the Definition of Expenditure Article 1.-The financing, the limits, the |! |control and the measures of publicity of the expenses |! |electoral that make the political parties and |! |candidates, as a consequence of the election acts |! 18,700, Organic |! | Constitutional on Popular and Scrutiny Votes, |! |and in Law No. 18,695, Organic Constitutional |! | Municipalities, will be governed by the provisions of the |! |present law. Likewise, this law contains rules applicable to the |! |organs of the State Administration, understanding by |! |such those mentioned in article 1 of the Law No. |! | 18,575, Constitutional Organic of General Bases of the |! | Administration of the State, without prejudice to other |! |regulations affecting civil, criminal, |! |or administrative liability of public servants willing |! |in legislation. Article 2.-For the purposes of this law, it will be |! |will understand by electoral expense all disbursement in which it is |! |incurs for the financing of the teams, offices |! |and services of political parties and candidates, with |! |occasion and on purpose of election events. |! | Only election expenses are considered to be |! |made by the following concepts: a) Propaganda and advertising directed, directly or indirectly, to promote voting for a particular candidate or candidates, whichever is the place, the Form and means to be used. The above is without prejudice to the provisions of the rules of Paragraph 6 of Title I of Law No 18,700. b) Polls on electoral or social matters that candidates or political parties face during the electoral campaign. (c) Lease of movable and immovable property intended for the operation of the campaign teams or for the holding of electoral proselytism. (d) Payments made to persons providing services to applications. (e) Expenditure incurred for the movement of candidates, party leaders and persons providing services to candidates, as well as for the transport of propaganda implements and for the mobilisation of persons on the occasion of campaign events. (f) The cost of endorsements and interest, stamp duty and stamp duty, notarial expenses, and, in general, all expenses incurred by the obtaining of the credits received for the electoral campaign, accrued until the date on which the provisions of Article 41 (1) are complied with. (g) Erogations or donations made by candidates to organisations or natural or legal persons, through the sponsorship of cultural, sporting or other events to be held within the respective territorial scope. (h) minor and frequent campaign expenses, such as the feeding of persons, maintenance of vehicles or of seats or other similar ones. These may be rendered, without detailed justification, up to 10% of the total allowable limit for the candidate or political party. However, it shall be the responsibility of the electoral administrator to maintain the supporting documentation or to justify it in accordance with Article 31 (b) of this law. (i) Expenditure on campaign work, provided by persons on a voluntary basis, duly endorsed according to objective criteria. Article 3.-For the determination of the expenses |! |electoral, it will be understood by campaign period |! |election that understood between the day that expires the |! |deadline to declare candidacies and the day of the election |! |respective. To this effect, they will be considered expenses |! |electoral those made in that period, |! |regardless of the date of hiring or payment |! |cash of said expense, and even when they are found |! |pending payment. Candidates will not be able to make expenses |! |direct directed propaganda election or |! indirectly to promote the vote, before the deadline that |! |this law establishes and especially 30 days before your |! |expiration. If so, checked by the Service |! | Electoral after investigating substantiated claims, |! |such expenses will be computed within the set amount |! |as limit in article 4 of this law. Article 4 (2) of the limits to electoral expenditure.-No candidacy for President of the Republic, senator, deputy, mayor, regional councillor or councillor may exceed, by way of election expenses, the limits indicated in the The following points. In the case of candidates for a senator, the spending limit may not exceed the sum of three thousand units of promotion, plus the one that results from multiplying by four cents of unit of promotion the first two hundred thousand electors, by three The following two hundred thousand electors and two centresos of unity of promotion were promoted by the remaining voters in the respective constituency. The candidates for a Member shall not exceed the sum of one thousand five hundred units of promotion, plus one which is multiplied by three hundredths of unit of promotion the number of voters in the respective district. The limit of expenditure of the candidates for mayor shall not exceed the sum of one hundred and twenty units of promotion, plus that which results from multiplying by three hundredths of unit of promotion the number of electors in the respective commune. Each councillor candidate may spend a sum of no more than half of the one allowed to the corresponding mayoral candidate. The expenditure limit of the candidates for regional advisers may not exceed the sum of seven hundred units of promotion, plus that which results from multiplying by two hundred units of promotion the first two hundred thousand electors, by a The next two hundred thousand, for a hundredth of unity of promotion the remaining electors of the respective provincial constituency. In the case of nominations to President of the Republic, the spending limit shall be equal to the amount resulting from multiplying by three cents of unit of promotion the number of voters in the country. However, in the case of the situation referred to in Article 26 (2) of the Political Constitution, that limit shall be calculated as a factor of a hundredth of the promotion unit. For the purposes of this Article, the Director of the Electoral Service shall establish by resolution to be published in the Official Journal, one hundred and twenty days in advance of the respective election, the maximum of expenditure Permitted electoral. Likewise, for all the purposes of this law, the value of the promotion unit shall be that in force at the date of the decision referred to in the preceding paragraph. Article 5.-The limit of the electoral expenses that each political party may carry out shall be equal to one third of the total sum of the electoral expenses allowed to its candidates, including the independents who are in agreement or subpact with the, as set out in the previous article. In the event that two or more political parties conclude an electoral pact or subpact, the third of the expenditure referred to in the preceding paragraph shall be distributed on a pro rata basis to the respective candidates, including the independent candidates, among the parties that make up the pact or, where appropriate, the subpact. In any event, an electoral expenditure of a political party shall be presumed to be carried out within the period indicated in Article 3, in that part which exceeds the average of the expenses incurred by the respective party during the six months preceding that period. period, regardless of the date of the actual hiring or payment of such expenses, and even if they are pending payment. Article 5º bis.-The candidate or political party |! |that exceeds the limit of electoral expenses, calculated from |! |conformity with the provisions in the articles |! |precedents, will be sanctioned with fine to profit |! |tax, according to the following Scale: (a) Double the excess in the part that does not exceed |! |30%; (b) The triple of the excess in the part that exceeds the |! | 30% and is less than 50%, and c) The quintuple of the excess in which there is |! |incurred, in the part that exceeds 50%. That fine shall be expressed in promotion units. |! | The fine will be applied by the Service Director |! | Electoral. Article 6.-The political parties and the |! |independent candidates who have participated in the |! |respective election, who are in knowledge of facts |! |that may constitute infraction to the limit of expenses |! |electoral established in this law, may, within |! |the fifteen days following the presentation of the |! |account referred to in article 41, put the |! |background in knowledge of the Electoral Service for |! |that this, in exercise of its legal powers, |! |perform the investigations that are relevant. |! | If the complainant has an address in a Region |! |different from the office of the office of the Director of the |! | Electoral Service, the complaint will be deducted to the |! | Regional Director of the Electoral Service who |! |corresponds, who will send it to that within the fifth |! |day of received. |! | Similar procedure to the set in the |! |previous incisos will be verified for the complaint of |! |any other infraction to this law. |! | TITLE II From campaign finance Article 7.-The financing of the expenses that |! |authorizes this law during the election campaign, will be |! |subject to the provisions of this Title. Paragraph 1 of the private financing Article 8.-It constitutes private financing of |! ectoral any contribution in money, or |! |estimable in money, to be made to a candidate or |! |political party, be that it materializes under the form |! |of mutual, donation, comodato or any act or contract |! |a free title, destined to the spending funding |! |elections. Article 9.-No person may contribute to the same candidate, and in the same election, a sum that exceeds the equivalent in pesos of a thousand units of promotion in the case of candidates for mayor, regional councillor or councillor; of a thousand two hundred Fifty units of promotion are being promoted for candidates for deputy or senator and two thousand units of promotion in the case of presidential candidates. However, in the case of the situation provided for in Article 26, second indent, of the Political Constitution of the Republic, it will be understood as another election, with the possibility of providing up to seven hundred units of promotion in the same. In any case, the total of contributions that the same person may make to different candidates or to a political party in the same election may not exceed, of the equivalent in pesos, ten thousand units of promotion. For the purposes of this article, it shall be presumed that the payment of the electoral expenses referred to in Title I, carried out directly or indirectly through third parties, constitutes an electoral campaign subject to the same restrictions identified in the preceding points. Candidates may allocate to the financing of the electoral expenses incurred by their own assets, as well as the salaries, allowances or fees they receive in the exercise of any lawful activity, without exceeding as a limit of electoral expenditure for this law. Candidates and political parties will be able to reject any campaign contributions. Article 10.-The contributions of an electoral campaign made by legal persons for profit shall require the express decision of those who have the powers of administration, in accordance with the agreements which they have adopted on this subject the competent social body. If the administrative body resolves that the contributions must be made in the form of a reserve set out in Article 19, the administrators or representatives of the legal person shall be prohibited from disclosing the identity of the party or Donor candidate. Article 11. The donations made under this Paragraph shall be released from the process of insinuation and exempt from the payment of the inheritance tax and donations established by Law No. 16,271. The contributions that the candidates receive under the provisions of this law will not constitute income for all legal effects. Article 12.-The contributions received by the candidates of the parties who exceed the expenditure in which they have been incurred shall be returned to the contributors, if they may be identifiable, on the occasion referred to in Article 31 (c). Otherwise such excesses shall be handed over by the electoral administrators, at the same opportunity, to the respective electoral administrators, and shall be deemed to be made to the political parties, as soon as they do not exceed the the amount of the expenditure incurred by them. If once the rule laid down in the previous paragraph is applied, a remnant shall remain, the remainder shall be delivered by the respective general electoral administrators at the time of the presentation of the corresponding revenue and expenditure accounts. expenditure, to the Electoral Service, in favour of the Fisco. The same rules will apply, as appropriate, in the case of surpluses to be produced for the independent candidates. Article 13, paragraph 2.-During the election campaign, the |! | State will finance and reimburse the electoral expenses |! |in which the candidates and the parties incur, in the |! |amounts, proportions and forms they establish the |! |items below. |! | |! | Article 13a.-Treating from candidates to |! | President of the Republic, the Fisco will finance, in the |! |terms of article 15, the campaign expenses |! |electoral in which the candidates and the parties are engaged |! candidates. The refund will reach a sum that will not exceed |! |the equivalent, in pesos, to three cents of unit of |! |promotion by vote obtained by the respective candidate. In the case of the provisions of article 26, |! |second, of the Political Constitution of the |! | Republic, this refund will be a hundredth of |! |unity of encouragement by vote obtained by the candidate |! |respective. Article 14.-At the beginning of the electoral campaign period, each registered party that presents candidates to the respective election of senators, deputies, mayors, regional councilors, or councilors, will have the right to have the State pay a the amount of money equivalent to the number of votes obtained in the last election of the same type, including the independent persons who have been in agreement or subpact with it, multiplied by the equivalent in pesos to ten thousand units of unit promotion. Those parties which have not participated in the election of the same former nature shall be entitled to receive an amount equal to that corresponding to the political party which has obtained the lowest number of votes. In the case of independent candidates, a similar amount shall be apportioned among all of them, corresponding to the amount corresponding to the party that obtained the lowest number of votes in that election. An election of the same nature shall mean a choice of the same charges, and in the same constituencies, districts or communes. The amounts indicated in the first subparagraph shall be paid directly by the Fisco, within five days of the entry of the applications in the records referred to in Articles 19 of the Law No 18,700, and 115 of the decree with force of law No. 1-19,704, to parties and independent candidates outside the corresponding pact. The sums received must be documented by the General Electoral Managers or by the Electoral Administrators, in the case of independent candidates, in accordance with the rules provided for in Title III of this Law. Article 14a.-The endorsements will be governed under the |! |general rules applicable to these. The candidates will be able to give up their right to refund |! |their parties when they have taken over the payment |! |corresponding to the suppliers for goods and services |! |lent in the electoral campaign. The candidates and political parties that |! |hire credits with system institutions |! |financial, registered with the Superintendence of |! | Banks and Financial Institutions, will be able to grant to |! |these a mandate by which the Service Electoral |! |will authorize the payment of the credits with the refund that |! |be determined, cinding to the effect to the instructions |! |that the Director of the Electoral Service will dictate. To do this, |! |the Electoral Manager or the General Manager |! | respective Electoral, must credit the obtention of the |! |credit and the effectiveness of the use of this in the campaign |! |electoral. The provisions of the preceding two points must |! |be communicated to the Electoral Service for payment |! |preferential, in accordance with the procedure of the article |! |next. Article 15.-Finished the electoral process, and |! |rendered the accounts referred to in Title III of |! |this law, the Fisco will reimburse the candidates, the |! |independent candidates who are not included in |! |a pact or subpact and a matches, expenses |! |election in which you have incurred during the |! |campaign, in accordance with the rules indicated to |! |continuation. Within twenty days of the |! |resolution of the Electoral Service Director who has |! |by approved the revenue and expenditure account you present |! |the Electoral Manager or the candidate, if any, |! |the Electoral Service authorize the return of the |! |expenses incurred by the candidates for a |! |sum that will not exceed the equivalent, in pesos, a |! |three hundredths of unit of promotion, multiplied by |! |the number of suffrages obtained by them in the |! |respective choice. This return will be made |! |directly to the candidates or political parties, |! |by the reimbursement of the expenses that have not been |! |financed by other type of contributions, once approved |! |the account, which must be credited by the |! |invoices or pending payment ballots. If the total of the expenses rendered by the |! | Electoral Manager, or the candidate in your case, |! |be less than the sum resulting from the application of |! |the rule indicated in the previous paragraph, the return |! |of expenses will be adjusted to the (i) On the other hand, if the total of expenses rendered |! |be greater than the sum corresponding to it for the concept |! |of reimbursement, be that they fund totally or partially |! |said expense, the Electoral Service will proceed to authorize |! |the return until the amount resulting from the |! |application of the rule indicated in the second indent of |! |this article. Before proceeding to the return to which it is |! |refers to the first paragraph, the Electoral Service |! |will determine if the sum received by the parties |! |politicians, according to the established in the article |! | 14, exceeded the amount resulting from the multiply |! |by fifteen thousandths of unit of promotion the number of |! |suffrages obtained by them in the respective election. If the sum referred to in the previous paragraph |! |has been less than that which in the end |! |corresponere, the party will have the right to be |! |pay the difference that results in its favor, up to |! |reach the referred fifteen thousandth of unit of |! |encouragement for each vote effectivamen obtained. It will be essential condition for the sending of the |! |authorization of payments by the Electoral Service to |! |the General Treasury of the Republic, that the account is |! |found approved and that the results of the election |! |are qualified. Article 15a.-If by application of the |! |provided in the third indent of the previous article |! |will be a remnant of return that the candidate does not |! |could perceive for any cause, such remnants |! |will pass to the party that has declared to the candidate, |! |up to the sum corresponding to the expenses in which the |! |party actually incurred, and provided that |! |the respective general account of the party is found |! |approved. Paragraph 3 of the transparency of the financing Article 16.-The electoral campaign contributions |! |will be anonymous, reserved or public, in accordance |! |with what is stated in the following articles. Article 17.-All private contributions in money that do not exceed the equivalent in pesos to twenty promotion units may be anonymous. However, any contributors may ask for their identity and the amount of their contribution. In any case, during the electoral campaign period, no candidate or political party can receive, by means of anonymous contributions, more than twenty percent of the electoral expenses limit defined in this law. Article 18.-Any contribution that exceeds the amount indicated in the previous article and represents less than ten percent of the total expenses that the law authorizes to a candidate or political party, will have the character of reserved, as long as it does not exceed six hundred units of promotion for a candidate for mayor, regional councillor or councillor; of eight hundred units of promotion for a candidate for a deputy or senator; and of a thousand five hundred units of promotion for a presidential candidate or three thousand units of promotion for a political party or all of its candidates in the respective election . However, any contributors will have the right to request that their identity and the amount of their contribution be entered. Article 19.-The contributions referred to in the |! |previous article will be made directly into a |! single account that will have to keep the effect the Service |! | Electoral. The donor will receive from the Electoral Service, |! |once the funds have been accredited in the |! |current account, a certificate, that a |! |donor request must be electronic, of the |! |donation that will only credit the amount Total donated. The |! | Service will set up an electronic system by the |! |which donor can allocate its contribution to one or more |! |candidates or parties, within the limits |! |set forth in this law and up to the amount of your |! |donation. To direct your contribution, the donor who is |! |natural person and who is unable to attend |! |the Service, may do so by special mandate |! |authorized before notary. The destination of the contributions |! |made by legal persons can only be made by |! |special mandate. The electronic system you establish |! |the Service must additionally ensure both the reservation of |! |the identity of the donor, how to ensure that this does not |! |you will obtain any document that allows to identify your |! |donation to the donor or third party. The Service |! | Electoral must initiate the electronic transfer, |! |the first business day of each week, to the account |! |designated by the respective Electoral Manager, of |! |the sum of the contributions that have been destined to them in |! |the week previous. A random fraction of that |! |sum, which may not be greater than 30%, will not be |! |transferred immediately and will only be intended for |! |on that day, with the object of being transferred from |! |on the first working day of the following week. The Director |! |of the Service will define mathematical models for |! |determine the random fraction in order for the |! |transfer to the Electoral Administrators of the |! |amounts destined to occur as quickly as it is |! |compatible with your obligation to secure the reservation of |! |the identity of the donor. The rules on banking secrecy contained in the |! |article 154 of the General Law of Banks, will be |! |applicable to the officials of the Electoral Service. The bank accounts to which they will be transferred |! |the reserved contributions, must correspond to the |! |candidate that has the character of the owner of the |! |same. Article 20. Contributions that do not have the character of anonymous or reserved in accordance with the provisions of Articles 17 and 18 shall be public. For the purposes of determining whether donations made to candidates or parties or to all candidates of a party must be public, all donations made by the same donor to the same candidate or party must be added. set of candidates from the same party, in the same election. The Electoral Service will determine how the donations will be made public. Article 21.-They will have the character of public the |! |monthly contributions received by political parties |! |outside the period indicated in article 3, when |! |these are of an amount equal to or greater than one hundred |! |units of promotion for each (a) The monthly contributions the amount of which, per contributor, |! |is greater than twenty units of promotion and less than |! |one hundred units of promotion will have the character of |! |reserved, and will be applied in its respect the previewed in |! |the article 19, owing the Service, for these |! |effects, make transfers on accounts that |! |indicate the respective party treasurers |! |politicians. For the purposes of the collection of contributions, in |! |the period indicated in the previous paragraph, the matches |! |politicians will be able to form collecting entities, whose |! |only spin will be that of the collection of donations and |! |quotations, with the object of make them available |! |of the party that has formed them, for the payment of their |! |normal operating expenses. These entities will be constituted by the only fact |! |of enrolling in the Electoral Service by the party |! |corresponding, its validity will be indefinite, and in all |! |case will be extinguished in conjunction with the resolution that |! |arrange the cancellation of registration of the party in |! |the Register of Political Parties. In any case, the |! |respective party must make publish in the Journal |! | Official a certificate issued by the Director of the |! | Electoral Service on the record of the date of its |! |constitution. The treasurer of the respective party will have, by the |! |only law ministry, the representation of the |! |collecting entity, with the powers of |! |administration that agrees to the central directive of the |! |party. The collection of the contributions referred to this |! |article, and which do not have a reserved character, will be |! |will do directly to the party or the entity |! |collector, if any, giving receipt from them. The |! |receipts will be awarded on timbrated forms by the |! | Electoral Service, according to the format that is, |! |by resolution that will be published in the Official Journal, |! |determine. The political parties, or the collecting entity, |! |in your case, must report monthly to the Service |! | Electoral, about the donations that you would have received |! |received and that must be public. The infringement to the |! |set in this paragraph, will be sanctioned with fine to |! |tax benefit of triple the amounts not |! |informed. Article 21a.-The contributions received by the |! political training institutes registered by the |! |political parties before the Electoral Service, will be |! |public, provided they exceed one hundred units of |! |monthly promotion for each contributor. The monthly contributions the amount of which, per contributor, |! |is greater than twenty units of promotion and less than |! |one hundred units of promotion will have the character of |! |reserved, and will be applied in its respect the previewed in |! |the article 19, owing the Election Service, for |! |these effects, make transfers in accounts |! |that indicate the respective representatives |! |institute. The collection of the contributions referred to |! |this article, and which are not reserved, |! |will be made directly to the institute of political formation |! |that corresponds, giving receipt of them. Receipts are |! |will grant in the form set forth in the sixth indent of the |! |previous article. For the purposes of this article, each party |! |politician will be able to register only a training institute |! |politics. Article 22.-For the purposes of Articles 20 and 21, the contributions to be made public shall be recorded in writing, the identity of the contributor being entered. It is understood that there is a written record when the contribution is entered in a ballot, invoice, proof of deposit in current account, receipt of money or any other document of similar nature. Article 23.-At the request of the donor, the Director of the Electoral Service shall issue the certificates that account for any donations made in accordance with the rules of this law. Paragraph 4 of the prohibitions Article 24.-Prohibit campaign contributions |! |electoral from natural or legal persons |! |foreigners, except those made by |! |foreigners legally entitled to exercise in Chile |! |the right to vote. Article 25.-Without prejudice to the provisions in the |! | Paragraph 2 of this Title, candidates and parties |! |politicians will not be able to receive, directly or indirectly, |! |campaign contributions from the organs of the |! | State Administration, companies of the State, |! |or those in which it, its companies, societies or |! |institutions have participation. Campaign contributions are also prohibited |! |election coming from any legal person who |! |re ciba grants or state contributions, provided that |! |such grants or contributions represent more than fifteen |! |percent of their income in any of the two |! |last calendar years, as well as those that |! |hire with him or his -the provision of goods, |! |the provision of services or the performance of works, if |! |the amounts to which the respective contracts ascend |! |represent a percentage higher than forty per |!% of the total of its annual turnover in the |! |respective calendar year or in one of the two years |! |preceding calendars. |! | Such a ban will also affect people |! |legal who, during the election campaign, are |! |find running for public or private tenders |! |with some of the bodies referred to by the |! |incisos precedents, always and when the amount of the |! |tender represents a percentage higher than forty |! |percent of the total of your annual billing in |! |any of the two calendar years immediately |! |previous. Your default will mean your removal |! |of the tender process that is in progress or the |! |termination of the contract you are in |! |current, as applicable. |! | For the purposes of controlling these prohibitions, |! |legal persons must be registered in the |! | Register of Contractors provided in Article 16 of |! |law No. 19,886, of Bases on Contracts |! | Administrative of Supply and Provision of Services. |! | At the request of the Electoral Service, these persons |! |legal and public services shall provide |! |the Service all antecedents of what it requires to |! |estimate the percentage of annual or biannual billing |! |that this law considers. If such percentages force |! |exceeded, the Electoral Service will communicate this |! situation to the organs of the State Administration, |! |for which you will be able to use the information system to |! comply |! |with the command provided at the end of the paragraph |! |third of the specified item. |! | Article 26.-The legal persons governed by public law, or private non-profit, with the exception of political parties, may not make contributions to the electoral campaign. Article 27. Public officials may not engage in political activity within the time spent by the State Administration, nor use their authority, office or property for purposes other than their functions. Paragraph 5 of the sanctions Article 27 A.-Without prejudice to the sanctions |! |specific established for each case, the |! |violations to the rules of the 1st, 3rd and 4th paragraphs |! |of this Title, committed by individuals or |! |entities They will be punished with fine to profit |! |fiscal, according to the following scale: a) Double the excess in the part that does not exceed the |! | 30%; b) The triple of the excess in the part that exceeds the |! | 30% and is less than 50%, and c) The quintuple of the excess in which there is |! |incurred, in the part that exceeds 50%. That fine shall be expressed in promotion units. The fine will be applied by the Service Director |! | Electoral. Violations of the rules of paragraph 2 ° that |! |commit the candidates or political parties, will be |! |sanctioned with fine for tax benefit equivalent to the |! |triple of the sums unduly received, without |! correspond to them |! |or their representatives for crimes in which they have |! |incurred. Any infringement or non-compliance to the |! |provisions of this law that does not have a penalty |! |special, will be sanctioned with fine of five to fifty |! |monthly tax units. ". Article 28.-The administrative responsibility of officials of the State Administration, which may result from violations of the provisions of this Law, shall be made directly and exclusively by procedure disciplinary action that will take effect the Comptroller General of the Republic. Any person may deduct the corresponding complaint directly from the Comptroller General of the Republic, accompanying the background in which it is founded. Without prejudice to the foregoing, the higher authorities of the State Administration who know of facts that may be able to configure the infractions referred to in the first paragraph of this Article and which will affect their officials They shall make the records available to the Comptroller's Office within five working days after they have become aware of such facts. The investigations and administrative summaries that the Office of the Comptroller General of the Republic will be responsible for will be governed by Law No. 10,336 and its complementary rules. Without prejudice to the administrative resources or judicial actions to be attended by the offending officials, the disciplinary measure proposed by the Comptroller General of the Republic will be communicated to the affected, to the higher authority of the service and to the competent authority to apply the respective penalty. The authority may not modify the administrative penalty proposed by the Comptroller's Office, but through an established resolution subject to the procedure for the taking of reason. Article 29-The rules of this Title shall apply to the presidential, parliamentary, regional and municipal council elections. First paragraph of the Electoral Administrators and the |! | General Election Administrators Article 30.-Every candidate for President of the Republic, a senator or a deputy, must appoint an Electoral Administrator who will act as president. with respect to the functions of control of the income and electoral expenses assigned to it by this law. The same obligation will be imposed in the case of candidates for mayor, regional councillor or councillor. If the designation is not made, the functions of the Electoral Manager shall be the same as the candidate. The same person may exercise as the Electoral Manager for more than one candidate, provided that the respective candidates have been declared by the same political party or pact. The appointment of the latter shall be made before the Director of the Electoral Service, at the time of the declaration of the corresponding application or in the affidavit referred to in the second paragraph of Article 3 of Law No 18,700. The designation will be formalized in writing, indicating the name, identity card and address of the respective Administrator, who must also subscribe to this document in sign of acceptance of the position. This appointment may be left without effect at any time by communication of the candidate corresponding to the Director of the Electoral Service, without prejudice to the provisions of the first paragraph of Article 37. Article 31.-Corresponding especially to the |! | Electoral Manager the following obligations: (a) To carry out simplified accounting of the income and electoral expenses of the candidacy to his office, whatever the date of hiring or payment cash of such expenses, and even if they are pending payment, in accordance with the provisions of this law. (b) Keep the documentation relating to the electoral expenses of the candidacy for his office and the proof of the private contributions, where appropriate. (c) to issue to the General Electoral Manager of the respective political party the accounting information and the documentation relating to the income and electoral expenses of the candidacy for his office, within the ten-day period from the date of the corresponding choice. (d) to maintain the reserve of the antecedents which, in such a manner, receive in the exercise of his office. Failure to comply with the obligations set out in this article will be sanctioned with a tax benefit of 10 to 30 monthly tax units. This fine will be applied by the Electoral Service. e) Report to the Electoral Service or the General Electoral Manager, if any, the fact that the candidate does not have sufficient background to present the income and electoral expenses account. Such information should be delivered within the same time limit as the presentation of the accounts or their referral, as appropriate. Article 32.-Any militant of the respective political party in the elections of President of the Republic, of senators, of deputies and of mayors, regional councilors and councilors, will be able to exercise the position of General Electoral Administrator. The appointment of the latter shall be made by the political party before the Director of the Electoral Service in accordance with the fourth paragraph of Article 30, prior to the declarations of nominations. Article 33.-The following obligations shall be particularly applicable to the Electoral General Manager: (a) To keep simplified accounts of the income and electoral expenses of the respective political party, whichever is the date of the hiring or payment of such expenses, and even if they are pending payment, in accordance with the provisions of this law. (b) Keep, for a period of one year, the documentation relating to the electoral expenses of the political party and the proof of private contributions, where appropriate, and require the Electoral Administrators to provide information and documentation that corresponds to each application for his/her position. (c) to issue to the Director of the Electoral Service, in the form and time limit laid down in this law, the accounting information and the documentation relating to the income and electoral expenses of the respective political party, as well as the for all candidates registered on behalf of the party. (d) Maintain reservation of the antecs (a) he/she shall receive in the exercise of his/her office. Article 34. Only citizens with the right to vote may be Electoral Administrators and General Administrators. However, none of these posts may be held by candidates in the same election or in separate elections but conducted in the same election. Nor may the directors, managers, and senior executives of State-owned enterprises or those in which the State Administration has a majority, the authorities of the State Administration, the public officials, or the mayors. Article 35.-The Electoral Administrators and the General Electoral Administrators shall cease by the sole ministry of the law in their capacity as such to the ninetieth day after the date of the respective filing of the accounts of the election campaign. However, if the Director of the Electoral Service makes observations to the accounts submitted by the Electoral Manager or the General Electoral Manager, the qualities of such statements shall be deemed to be carried over as long as they are not approved. respective accounts. Article 36.-The payroll of the Electoral Administrators and the Electoral General Administrators shall be displayed to the public in the offices of the Electoral Service and in their regional addresses. The same publicity must be given to the replacements that occur on those charges. Article 37.-In case of death, resignation, |! |removal or rejection of the appointment by the |! | Electoral Service in the cases noted in the |! |article 34 of this law. of an Electoral Manager, |! |the candidate must appoint another in his/her replacement, in the |! |form established for the original appointment. The |! |replacements can only be verified until the third day |! |after the election. If the candidate will not formalize the replacement within |! |fifth day from the date you had knowledge of |! |your demise or resignation, or since you removed it from the |! |charge, the admin duties will fall on the |! |own candidate. The replacements or removals indicated, may be |! |communicated to the Electoral Service via Internet, of |! |agreement to the system that will timely inform said |! | Service. Paragraph 2 of the Electoral Accounting Article 38.-The Electoral Administrators and the |! | General Election Administrators shall carry, in |! |the form set forth in this Paragraph, accounting |! |of the income and electoral expenses, for each of |! |candidates and political parties respectively |! |represent. Every candidate, through his/her Administrator |! | Electoral, will be required to present an account |! |general of income and election campaign expenses, still |! |when you have not had income or incurred expenses, |! |giving relationship. Article 39.-The prohibitions laid down in Article 31 of the Code of Commerce shall apply to the Electoral Administrators and to the General Election Administrators, if any. Article 40.-The Electoral Administrators and the General Electoral Administrators, if any, shall record all contributions in money, species or services that are intended for an electoral campaign or are received for the financing of the electoral expenses, duly valued. Paragraph 3 of the presentation and control of the accounting |! |election Article 41.-Within thirty days of the following |! |a presidential, parliamentary or municipal election, |! |the General Election Administrators shall |! |present to the Director of the Electoral Service an account |! |general of income and electoral expenses |! |directly received and effected by the respective |! |political party. Also, and jointly, they will have to present a |! |general account of the income and election expenses of |! |all candidates enrolled in |! |representation of the corresponding political party, which |! |would have been sent by the Administrators |! | Election. The general account of income and electoral expenses |! |must also specify the origin of the total of |! |the income and the destination of all the expenses of the |! |political party and respective candidates, of |! |conformity with the annotations entered, any |! |be the date of hiring or effective payment of those |! |expenses, and even if they are pending payment. When it becomes unenforceable what is established in the |! |first paragraph as candidates are |! |independent, it will be up to their Administrators |! | Election to present the general income account and |! |election expenses. The presentation of accounts referred to in the above |! |incissos, may be done in a form |! |electronic, via the internet, for which the Service |! | Electoral in a timely manner will establish the system to |! |apply. Article 42.-The Director of the Electoral Service |! |must rule in respect of the revenue account and |! |expenses within the following thirty days of expired |! |the period referred to in the first paragraph of the article |! |above. If the Director of the Service deems it necessary |! |a more finished examination of the background presented, |! |may extend that period, once, and up to a |! |maximum of fifteen days. Due these deadlines, without the |! | Director of the Service has spoken about the |! |account, this will be understood approved. Dealing with the |! |acts regulated by law No. 18,695, |! | Constitutional Organic of Municipalities, the term |! |account analysis will be sixty days. |! | In cases where the existence of |! |undeclared electoral expenses is established, it will be up to the |! | Director of the Electoral Service to determine the amount of |! |the same. The above shall not prevent the application, if |! |proceeding, from the provisions of the following Articles |! |of this Paragraph. |! | Article 43.-If the Director of the Electoral Service |! |estimate of the case observe the account presented, |! |will require the Electoral Manager or Administrator |! | General Electoral, as appropriate, the clarifications, |! |background or corrections relevant, who must |! |evacuate their response within the time limit of fifteenth |! |day of being required. |! | |! | Article 44.-The Director of the Electoral Service |! |will reject the account that, notwithstanding the provisions in the |! |previous article, will not finally be adjusted to the |! |documents and vouchers accompanied or contained |! |errors or serious omissions. The resolution of the Director of the Electoral Service |! |that you reject an account of income and electoral expenses |! |will be notified, by registered letter, to the |! | corresponding General Electoral Manager or to the |! | Electoral Manager, according to the Case, and party |! |political and respective candidates. The rejection of the account will be sanctioned with fine |! |for tax benefit, equivalent to double the share of |! |election expenses that have been rejected or that |! |have not been justified. The Director of the Service |! | Electoral will apply this fine to the General Manager |! | Electoral or the Electoral Manager, as the case may be. |! | |! | Article 45.-Service resolutions |! | Elections rejecting an income and expenses account |! |elections will be claimed pursuant to the |! |procedure referred to in Article 51, owing |! |those resolutions conform as provided for in the numeral |! | 2 of that article, as far as relevant. Article 46.-If the Director of the Electoral Service notices evidence of any wrongdoing in the presentation of the income and electoral expenses accounts, he/she shall make the corresponding complaint or complaint to the courts of justice. Article 47.-The Director of the Electoral Service shall have the power to require, by trade, the information deemed necessary by the competent public bodies to clarify any antecedents of the accounts presented by the Administrator. Electoral and the Electoral General Manager. TITLE IV Of Advertising Article 48.-Income accounts and |! |election expenses filed with the Director of the |! | Electoral Service shall be public and any person |! |may obtain, at their expense, copy thereof. The Director |! |of the Electoral Service shall publish on the Internet |! |the accounts of the candidacies to the President of the |! | Republic, senator and deputy and of the political parties |! |within the deadline set in the article 6th. Election Service proceed to the review of |! |the same, you must update the information |! |spread on the Internet indicating if such accounts |! |are accepted, rejected or observed. During the examination of the accounts, the Director of the |! | Electoral Service will ensure that the exercise of the |! |law established in the previous paragraph is |! |compatibilice with its own tasks. Article 49.-Political parties that have |! |effected electoral expenses in elections |! |presidential, parliamentary or municipal shall |! |include in the balance sheet referred to in article 35 |! |of law No. 18,603, Organic Constitutional of the |! | Political Parties, the following background: (a) The total amount of the electoral expenses incurred directly by the political party; (b) The total amount of the income for the financing of electoral expenses received by the party, and (c) ELIMINATED The provisions of the incites It will also apply to independent candidates in the presidential elections. TITLE V General provisions Article 50.-In the case of the second vote |! |referred to in the second paragraph of Article 26 of the |! | Political Constitution, the provisions on deadlines and |! |procedures laid down in this law |! |apply, as appropriate, considering the |! |verification date of that second vote. For the purposes of article 3 of this law, it is |! |it will understand that the election campaign period, in the |! |case of this article, is initiated the next day of the |! |the publication in the Official Journal of the statement |! |of the Court Qualifier Elections indicating the |! |candidates who have obtained the two highest majorities |! |relative. Article 51.-The administrative procedures to |! |that the application of this law is |! |shall be subject to the following rules: 1. They may be initiated on their own initiative, by the Service |! | Electoral, or by complaint filed with him. The |! | Electoral Service, in both cases, will automatically boost |! |the procedure, making expedited the procedures that |! |must fulfill the file and removing any obstacle |! |that may affect its prompt and due accuracy. 2. The procedural instruction of the procedure is |! |will start with a precise formulation of the charges, which |! |will be notified to the alleged offender by letter |! |certified at the address you have registered with the |! |respective Electoral Service. The statement of charges will indicate a description of the |! |facts that are deemed to constitute infringement and the |! |date of their verification, the rule eventually |! |infringed and the provision establishing the infringement, |! |the assigned sanction and the Deadline for formulating discards. 3. The complaint initiating a procedure will be |! |will formulate in writing the Electoral Service, pointing |! |place and date of filing and the individualization |! |complete of the complainant, who will have to subscribe to it |! |personally or by his agent or representative |! |enabled. You must also contain a description of |! |the actual facts that are considered to be the constitutive of the |! |infringement, specifying the place and date of your commission and, |! |if possible, identifying the alleged infringer. However, the complaint will result in a procedure |! |sanctioning only if in the case of the Electoral Service |! |it is very serious and has enough merit. In |! |otherwise, you will be able to arrange the execution of |! |control actions on the alleged infringer and |! |if there is no merit for it, it will be ordered |! |the file of the same by resolution founded, |! |notifying the interested. Declared admissible, the complaint will be placed in |! |knowledge of the alleged infringer. 4. The notifications will be made in writing by |! |registered letter addressed to the registered office of the alleged |! offender registered in the Electoral Service. 5. The accused or the accused will have a deadline of |! |ten working days, counted from the notification, for |! |answer the charges or the complaint. 6. Received the download or after the deadline |! |granted for this, the Electoral Service will resolve |! |plane when you can found your decision in facts that |! |consten in the process or be of public notoriety. In |! |otherwise, it will open an eight |! |days test term. This period will be extended, in the case that |! |corresponds, according to Articles 258 and 259 of the |! | Code of Civil Procedure. The Service will give rise to the measures or measures |! |probatoria that the alleged infringer requests in his |! |download, provided they are relevant and |! |drivers. Otherwise, it will be rejected by |! |motivated resolution. 7. The facts investigated and the responsibilities |! |of the offenders will be able to be credited by any |! |permissible test means in law, those who are |! |will appreciate in conscience. 8. The resolution terminating the procedure |! |sanctioning will be founded and will resolve all the |! questions raised in the file, pronouncing |! |on each of the allegations and defenses of the |! |imputed, and will contain the statement of the sanction that |! |is imposed on the offender or his acquittal. The final resolution must be given within the |! |ten days following the one in which the |! |last diligence ordered in the file has been evacuated. 9. Of the resolution ending the procedure |! |can be deducted claim for before the Court |! | Qualifier of Elections, within the deadline of fifth |! |day counted since its notification. The file will be |! |will refer to the said Court by the Electoral Service, a |! no later than the third day of the interposed |! |claim. The Court will rule according to the |! |procedure that you establish according to the |! |powers provided by article 12 of the Law No. |! | 18,460. 10. Against the decisions of the Tribunal no |! |any appeal shall proceed, without prejudice to the |! |established in article 13 of Law No. 18,460. 11. The resolution applying the fine will have merit |! |executive. Article 52.-The deadlines of days set in |! |this law shall be of working days, being understood |! |by such those understood between the days monday and |! |friday. |! | Article 53.-During the electoral campaign period, the ministries, the tendencies, the governorships, the public bodies and services that make up the State Administration, the public enterprises and the municipalities, will not be able to in other expenditure by way of advertising and dissemination, which is necessary for the fulfilment of its tasks and for those which are intended to inform users of the way in which the benefits they provide are accessible. Article 54.-The faults or offences referred to in this law shall be prescribed within one year from the date of the election. FINAL TITLE Article 55.-Enter the following |! |amendments to Law No 18,700, Organic |! | Constitutional on Popular Voting and Votes: 1) Replace Article 6 by the following: " Article 6.-The declarations of candidacies to |! |senators and deputies can only be made up to the |! |twenty-four hours from the ninetieth day before the |! |date of the corresponding election. In the case of declarations of candidatures to |! | President of the Republic, these can only be made |! |up to twenty-four hours of the ninetieth day before |! |to the one in which the first or only one must be held |! |vote, or of the tenth day next to the |! | Senate agreement referred to in the second paragraph of the article |! | 28, or to the call of the Vice President in the case |! |of the fourth paragraph of Article 29, both of the |! | Political Constitution, that give rise to an election |! |extraordinary. "2) Incorporate in article 7, the following |! |second, new:" In addition, in the statements will be indicated |! |names, identity card and address of the |! | Electoral Manager and General Manager |! | Electoral, if any. " 3) Modify Article 32, of the following |! |manner: (a) Replace the first indent, by the following: " Article 32.-No propaganda may be carried out |! |electoral with paint, posters and posters attached to |! |the exterior walls and close, be these public or |! |private, except in the latter case, medie |! |owner's authorization, holder or mere fork; |! |as well as the urban components and equipment, |! |such as driveways, sidewalks, bridges, parks, poles, |! |sources, statues, gardeners, seats, traffic lights and |! |kiosks. Nor can propaganda be carried out by means of |! |elements that hang on the road or which are |! |adhere in any way to the electrical power, |! |telephone, television or similar ones |! |nature. " b) Incorporate the following paragraph second, new, |! |passing the current second paragraph to be third: " The municipalities shall, of trade or to |! |request of party, withdraw or order the withdrawal of all |! |the electoral propaganda that is carried out with infringement to |! |the provisions in this Article. The candidates and the |! |political parties will be obliged to reimburse the |! |expenses incurred by the municipalities in the withdrawal |! |of such propaganda. "c) Replace, in the second paragraph that has passed |! |to be third, the expressions" with hanging elements "|! |by" with moving elements ", and the verbal form |! |" being able "by the phrase" being empowered to ". d) Add the following final point, new: " Without prejudice to the provisions of the incisos |! |above, it will be up to the municipal council of each |! |to determine those public roads in which, |! exceptionally, the electoral propaganda by medium of |! |mobile elements or by luminous or projected notices, |! |cannot be developed under any concept, by |! |estimate that it may affect or interfere with the |! |normal development of the daily activities of the |! |commune. " 4) Replace the first paragraph of Article 126, |! |by the following: " Article 126.- (i) shall make electoral propaganda |! |with infringement of the provisions of the first paragraph of the |! |article 32, shall be sanctioned with fine for profit |! |municipal from one to twenty tax units |! |monthly. " 5) Add the following article 153 A, new: ' Art. 153 A. The limitation period for the |! |faults, infractions or offences set forth in this law, |! |including the offences connected to them, shall be one year |! |counted from the date of the corresponding election. " Article 56.-Amend the second paragraph of Article 107 of Law No. 18,695, Constitutional Organic of Municipalities, as follows: (a) Intercalase following the point (.) following guitarianism 74, the following new sentence: " Furthermore, such declaration shall state the name, identity card and address of the Electoral Administrator and the General Electoral Administrator, if any. "(b) Intercalanse in the final sentence, following the word" declaration ", the first time that appears, the words "or their omission." Article 57.-Replace Article 54 of Law No. 18,603, Constitutional Organic of Political Parties, by the following: " Article 54.-The limitation period for faults or established infractions s in this law, including the offences connected to them, shall be one year from the date of the election. " Article 58.-The increased expenditure represented by the implementation of this law for the Electoral Service shall be financed from the resources provided for in the budget of the respective year. If such resources are not sufficient, the Ministry of Finance may supplement them with item 50-01-03-25-33.104 of the Public Treasury Item of the public sector budget of the same year. Transitional provisions. Article 1.-The political parties shall have a period of six months, counted from the time of this law, to adapt their operation to the provisions on accounting, balance sheets, limits and publicity that it establishes. Within the same period of time, any entity which has complied with the functions referred to in that Article or dissolves, transferring its assets to the party, the collecting entity which is formed in accordance with the provisions of Article 21 shall comply with the rules laid down in Article 21. provided for in this law or a training institute registered with the Electoral Service. Transfers of goods that occur in accordance with this rule will be exempt from all taxes. The time limits referred to in Articles 54 of this Law and 54 and 153 to which this law introduces laws No. 18,603 and No. 18,700, respectively, shall apply to all elections verified prior to their entry into force. " Article 2.-Without prejudice to the provisions of this law, and only for the purposes of the parliamentary elections of 2017, 2021, 2025 and 2029, in the case of women candidates for women and women who have been proclaimed elected by the The Elections Qualifier Tribunal, the political parties to which they belong will be entitled to an amount of five hundred units of promotion for each one of them. Under these resources, political parties will be able to implement programs and develop activities to promote the inclusion and participation of women in politics. Article 3.-For the 2017, 2021, 2025, and 2029 parliamentary elections, female and female candidates shall be entitled to an additional reimbursement of their electoral expenses, of a tax charge, of 0,0100 units of promotion for each vote obtained, in accordance with the procedure laid down in Article 15 of this Law. Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 7 July 2003.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Miguel Insulza Salinas, Minister of the Interior.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Salute atte. Mr Jorge Correa Sutil, Deputy Secretary of the Interior. Constitutional Court Bill on transparency, limit and control |! |of electoral expenditure The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Senate sent the |! |bill enunciated in the rubric, approved by the |! | National Congress, in order for this Court to exercise |! |the control of constitutionality regarding the |! |articles 1st to 60th and only transitory of the same, and by |! |judgment of June 17, 2003, stated: 1. That the precepts included in the articles |! | 15, paragraph 4, and 25 of the project are |! |constitutional, in the understanding that is expressed in the |! |recitals 25 and 28, respectively. 2. That the other precepts included in the |! |articles 1 to 60 and only transient article of the |! |project are constitutional, with the exception of those |! |are indicated below. 3. That the precepts included in the articles |! | 3, third indent, final sentence, which expresses " No |! |prejudice to the foregoing, any infringement or lack of |! |compliance with the provisions of this law that does not |! |have a special penalty, be penalty with a fine of |! |five to fifty monthly tax units. "; 6; |! | 22, sixth indent, final sentence that disposes" The infringement |! |of this prohibition will be sanctioned with fine to |! |tax benefit of triple the amounts not |! |informed, applying in their regard as stated in the |! |article 48. "; 29; 30; 34, final paragraph; 47, The |! |final; 48, first paragraph, the sentence "and the |! |that apply the fines set forth in the article |! |precedent and in articles 6, 29 and 30" of the project |! |referred, are unconstitutional and must be removed from |! |their text. Santiago, June 18, 2003.-Rafael Larraín Cruz, |! | Secretary.