![](media/image1.png){width="5.416666666666667in"
height="2.1145833333333335in"}

COMPLAINT PROCEDURE TO THE ELECTION LAW

RULES AND REGULATIONS

Please note the Spanish version is the official version; the English
version is provided as a courtesy. If there are any discrepancies in
meaning between the two versions, the Spanish version will prevail.

Approved: October 13, 2004

**TABLE OF CONTENTS**

**TITLE I PRELIMINARY DISPOSITIONS**

**SECTION 1.1 AUTHORITY 1**

**SECTION 1.2 PURPOSES 1**

**SECTION 1.3 DEFINITIONS 1**

**SECTION 1.4 APPLICABILITY AND REACH 2**

**TITLE II EVALUATION COMMITTEE**

**SECTION 2.1 APPOINTMENTS 2**

**SECTION 2.2 ROLES 2**

**SECTION 2.3 EVALUATION COMMITTEE QUORUM**

**AND RESOLUTIONS 2**

**SECTION 2.4 TERM TO SUBMIT THE REPORT**

**TO THE ELECTIONS COMMISSION 2**

**SECTION 2.5 REACH OF RECOMMENDATIONS 3**

**SECTION 2.6 FOUNDATIONS FOR RECOMMENDING**

**THE ARCHIVING OF COMPLAINTS 3**

**SECTION 2.7 INTERVENTION BY THE ELECTIONS COMMISSION 3**

**SECTION 2.8 TERM TO TAKE ACTION 3**

**TITLE III COMPLAINTS**

**SECTION 3.1 FILING OF THE COMPLAINT AND NOTIFICATION 4**

**SECTION 3.2 COMPLAINT CONTENT 4**

**SECTION 3.3 COMPLAINTS THAT DO NOT MEET**

**THE REQUIREMENTS 4**

**TITLE IV APPEARANCE BEFORE EVALUATION COMMITTEE**

**SECTION 4.1 SUMMONS OF APPEARANCE 4**

**SECTION 4.2 HEARING ON THE RECORD 5**

**TITLE V GENERAL DISPOSITIONS**

**SECTION 5.1 COMPLAINTS FROM THE ELECTORAL**

**COMMISSIONERS 5**

**SECTION 5.2 CONFIDENTIALITY 5**

**SECTION 5.3 PENALTIES 5**

**SECTION 5.4 TERM VARIATIONS 5**

**SECTION 5.5 AMENDMENTS OF THE PROCEDURE 5**

**SECTION 5.6 INDEPENDENCE 5**

**SECTION 5.7 VALIDITY 6**

**ELECTIONS COMMISSION OF PUERTO RICO (CEE)**

**COMPLAINT PROCEDURE**

**RULES AND REGULATIONS**

**TITLE I PRELIMINARY DISPOSITIONS**

**SECTION 1.1 AUTHORITY**

This procedure is adopted and promulgated in accordance with the powers
conferred upon the Commonwealth of Puerto Rico Elections Commission
(Elections Commission) in articles 1005 sections (e) and (l), and 1007
of the law No.4 of December 20, 1977 as amended, also known as "Election
Law of Puerto Rico"

**SECTION 1.2 PURPOSES**

The purpose of this procedure is to establish the administrative
procedure to attend to, investigate and resolve all complaints submitted
to the Elections Commission by any interested party and could constitute
an infraction to the election law.

**SECTION 1.3 DEFINITIONS**

All definitions contained in article 1003 of the Election Law of Puerto
Rico that are applicable to this procedure are incorporated here.

For the purposes of this procedure the following terms will be
understood as expressed:

> **1.- EVALUATION COMMITTEE**: Group of evaluators appointed to
> represent the Elections Commission and the President to examine and
> investigate complaints.
>
> **2.-** **FILE**: All documents included in and related to the
> complaint.
>
> **3.-** **ELECTION LAW:** Includes Law No.4 of December 20, 1977 as
> amended, also known as Election Law of Puerto Rico, rules and
> regulations, approved resolutions by the Elections Commission,
> supplementary approved laws by the Legislative Assembly and the
> applicable federal laws.
>
> **4.- COMPLAINT**: Any allegation made in writing and under oath by a
> complainant denoting acts, conduct or omissions that could constitute
> an infraction of the applicable election law.
>
> **5.-COMPLAINANT:** Any voter, candidate, political party, natural or
> legal entity who alleges that an act, conduct or omission of acts that
> could constitute an infraction to the applicable election law is or
> has been committed.
>
> **6.- ACCUSED**: Any voter, candidate, political party, natural or
> legal entity who is denounced by means of a complaint in the
> commission of acts, conduct or omission of acts that could constitute
> an infraction of the applicable election law.

1

**SECTION 1.4 APPLICABILTY AND REACH**

All dispositions of this procedure are applicable to voters, candidates,
political parties and natural and legal entities.

**TITLE II EVALUATION COMMITTEE**

**SECTION 2.1 APPOINTMENTS**

In accordance with the dispositions of article 1005 section (e) of the
Election Law, an Evaluation Committee is created and composed of one
evaluator representing each Elections Commissioner and one representing
the President, who will serve as the head of the Evaluation Committee.

**SECTION 2.2 ROLES**

The Evaluation Committee will be entrusted to examine the complaints
presented, formulate assessments and submit the corresponding
recommendations to the Elections Commission.

**SECTION 2.3 EVALUATION COMMITTEE QUORUM AND RESOLUTIONS**

The participation of at least two (2) Election Commissioner
representatives and the representative of the President will constitute
quorum for all work.

The Evaluation Committee recommendations must be adopted by unanimous
vote of all representatives of the Election Commissioners present at the
time of evaluation.

In all matters considered by the Evaluation Committee if the Evaluation
Committee fails to reach a unanimous vote, the representative of the
President, will decide, this being the only time or circumstance in
which he/she may vote. This decision will be considered as the
Committee's ruling.

Any member of the Committee who opposes the ruling to be submitted in
the Recommendation Report can record a separate vote, which will be
included as part of the file to be presented to the Elections
Commission.

**SECTION 2.4 TERM TO SUBMIT THE REPORT TO THE ELECTIONS COMMISSION**

The Evaluation Committee after reviewing the complaint, and no later
than fifteen (15) days after the Elections Commission Secretary received
the file, must submit a report with all recommendations to the Elections
Commission Secretariat to be considered in the next ordinary session of
the Elections Commission. As Election Day nears, the maximum time for
review by the Evaluation Committee will be shortened as directed by
article 1007 section (b) of the Election Law of Puerto Rico.

2

**SECTION 2.5 REACH OF RECOMMENDATIONS**

The recommendations in the report to the Elections Commission may
include but are not limited to: (1) proceed to close the complaint
without further need for action; (2) submit to the Puerto Rico
Department of Justice or the appropriate Administrative body; (3)
proceed according to the law against the accused; (4) submit a
recommendation to the Elections Commission for remedy of a violation;
(5) recommend to the Elections Commission that they further investigate
the complaint. In the last case, the complaint will be pending
resolution until the end of the evaluation recommended by the Elections
Commission.

**SECTION 2.6 FOUNDATIONS FOR RECOMMENDING THE ARCHIVING OF COMPLAINTS**

At any stage of the procedure, the following will constitute valid
reasons to recommend the closing of a complaint without further need for
action:

> 1.- The complaint does not refer to facts that could constitute an
> infraction of law.
>
> 2.- Due to the nature of the alleged acts, omissions or conduct, the
> Elections Commission lacks jurisdiction in the matter.
>
> 3.- An anonymous complaint or a complaint filed using a pseudonym or
> when a complaint is filed under the name of a natural person without
> his/her knowledge and consent.
>
> 4.- When the written complaint includes foul language, insults, or
> obscenity.
>
> 5.- When the complainant refuses to appear before the Evaluation
> Committee or to cooperate by presenting necessary and/or required
> information.
>
> 6.-The complaint is considered finalized when it has been heard and
> resolved by the Elections Commission, or by the competent court or
> administrative body with legal right to resolve it.
>
> 7.- The substance of the complaint is in process before a competent
> court or administrative body with legal right to resolve it.

The Elections Commission's recommendations or determinations concerning
complaints of alleged violations will be published.

**SECTION 2.7 INTERVENTION BY THE ELECTIONS COMMISSION**

The Elections Commission, after evaluating the Evaluation Committee
report, may accept, modify, revoke, return for re-evaluation, propose or
require a remedy, or release a lawful decision. When circumstances
justify, the Elections Commission may ignore the investigation,
proceedings and/or recommendation of the Evaluation Committee, when they
decide a matter.

**SECTION 2.8 TERM TO TAKE ACTION**

Once the report is submitted to the Elections Commission, it must take
action within fifteen (15) days. If the Elections Commission does not
take any of the actions

3

mentioned in section 2.7, within the prescribed term, it will be assumed
that the Elections

Commission has reviewed the report and agrees with the recommended
decision. In this case, the decision will be considered as the Elections
Commission's decision and must be enforced within the following five (5)
days. As Election Day nears, the maximum time for review for Elections
Commission action will be shortened as directed by article 1007 section
(b) of the Election Law of Puerto Rico.

**TITLE III COMPLAINTS**

**SECTION 3.1 FILING OF THE COMPLAINT AND NOTIFICATION**

All complaints shall be presented to the Elections Commission's
Secretariat in original with five (5) additional copies. The Secretary
will open a file, assign it a number and notify both parties,
complainant and accused, providing them with a copy of the complaint.

The Secretary will present the file to the President of the Evaluation
Committee within twenty four (24) hours after receiving it. Once the
President has received it, he/she shall call on the Evaluation Committee
to meet within the following seventy two (72) hours, to initiate the
evaluation process.

**SECTION 3.2 COMPLAINT CONTENT**

All complaints must be presented in writing and must include:

1.- Accused's name and address.

2.- Complainant's name, address and signature.

> 3.- A concise statement of facts that supposedly could constitute a
> violation of election law. All supporting documents that sustain the
> basis of the complaint should be included.
>
> 4.- Notarized statement under oath indicating that all facts are true
> and of personal knowledge.

**SECTION 3.3 COMPLAINTS THAT DO NOT MEET THE REQUIREMENTS**

For those complaints that do not meet the previous requirements, the
Secretary will assign a file number and notify the complainant giving
him/her ten (10) days to comply with the requirements, advising him/her
that if he/she does not comply within the period, the complaint will be
rejected. The Secretary will keep the file until the requirements are
met or until the complaint is discarded for non-compliance.

**TITLE IV APPEARANCE BEFORE EVALUATION COMMITTEE**

**SECTION 4.1 SUMMONS OF APPEARANCE**

In order to investigate the complaint, the Evaluation Committee, through
the Elections Commission, may require the appearance before the
Evaluation Committee of any person, including the complainant. The
summons of appearance may include the obligation to provide reports or
related documents.

4

**SECTION 4.2 HEARING ON THE RECORD**

At the request of any complainant, there shall be a hearing on the
record.

**TITLE V GENERAL DISPOSITIONS**

**SECTION 5.1 COMPLAINTS FROM THE ELECTORAL COMMISSIONERS**

This procedure is not applicable to the members of the Elections
Commission; any complaints they have should be discussed and resolved
among the Elections Commission, as otherwise according to the law.

**SECTION 5.2 CONFIDENTIALITY**

Complaint files will be considered private documents from the time they
are filed until a decision by the Elections Commission.

**SECTION 5.3 PENALTIES**

Any person that is found to have knowingly and fraudulently acted in
violation of this procedure will be sanctioned according article 8005 of
the Election Law of Puerto Rico, which establishes a maximum of three
(3) months in jail or a maximum fine of three hundred US dollars
(US\$300.00), or both at the Tribunal's discretion.

**SECTION 5.4 TERM VARIATIONS**

The terms established in this procedure not prescribed in the Election
Law of Puerto Rico, could be modified by the Elections Commission in
special cases and with justified reason.

**SECTION 5.5 AMENDMENTS OF THE PROCEDURE**

This procedure may be amended by the Elections Commission at any
convenient time deemed beneficial for a better enforcement of the
Election Law of Puerto Rico.

**SECTION 5.6 INDEPENDENCE**

If any title, article, section, part, paragraph or clause of this
procedure were to be declared unconstitutional by a competent court, the
judgment in that effect will not affect or invalidate the rest of its
content.

> 5

**SECTION 5.7 VALIDITY**

This procedure will be in effect once the requisites stated in Article
1005 section (l) are met that require prior notification of the Governor
of Puerto Rico and the Legislative Assembly through publication to that
effect for two (2) times in a period of two (2) weeks in two (2)
newspapers of general circulation.

Signed in San Juan, Puerto Rico on October 13, 2004.

**AURELIO GRACIA MORALES**

President

**GERARDO A. CRUZ MALDONADO**

Electoral Commissioner PPD

**THOMAS RIVERA SCHATZ**

Electoral Commissioner PNP

**JUAN DALMAU RAMIREZ**

Alternate Electoral Commissioner PIP

**CERTIFICATE:**

This procedure was approved by the Commonwealth Elections Commission in
ordinary session held on the 13 of October, 2004. I herby certify in San
Juan, Puerto Rico on October 20, 2004.

**RAMON M. JIMENEZ FUENTES**

Secretary

6