2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 401 - Preliminary Provisions (§§ 4001 — 4005) › § 4003 - Definitions

For purposes of this subtitle, the following terms or phrases shall have the meaning stated hereinbelow:
(1) Tally Sheet.— Document where the result of the canvass of votes shall be attested.
(2) Incident Log.— Document in which polling opening and closing acts, as well as other related incidents occurred therein, shall be recorded.
(3) Government agency.— Any department, bureau, office, instrumentality, public corporation or subsidiaries thereof, municipalities, or political subdivisions of the Commonwealth of Puerto Rico.
(4) Citizen group.— A group of people organized with the intent to participate in an election process. It shall also be known as a committee. It may be constituted and operated as a campaign committee, authorized committee, or political action committee. However, even if it is not constituted as a committee, it shall comply with the registration and reporting requirements, as well as the limitations of a committee, as the case may be.
(5) Election year.— Year in which a general election is held.
(6) Aspirant.— Any person who participates in the internal selection process of one or more duly registered political parties interested in or who carries out activities, fundraisers, or events with the intent to hold any internal office or seeking nomination for or election to public office.
(7) Political party balance.— The political equilibrium between major political parties that shall exist in the offices and divisions of the Commission as provided in this subtitle and the regulations adopted by the State Election Commission. It applies to technical and managerial or administrative positions, without it constituting a duplication in the assignment of duties or the creation of redundant or parallel positions. In the offices and divisions of the Commission where political party balance is required, the positions of director or head and deputy director or second-in-command shall be held by persons affiliated to the different major political parties. The provisions regarding political party balance may only be claimed by parties that meet the requirements established in this subtitle, according to the “major party” definition that appears hereinbelow.
(8) Candidate.— Any person certified as such by the State Election Commission.
(9) Independent candidate.— Any person who appears on the ballot as a candidate for elective public office without being formally nominated by a political party, pursuant to the provisions of this subtitle.
(10) Candidacy.— The individual aspiration to any elective public office.
(11) Housing facility.— A place where attention is provided to people with special needs who require a particular treatment or care, such as rest homes, retirement centers, assisted living communities, women shelters, witness protection centers, elderly homes, or similar institutions for pensioners, veterans, and persons with special needs.
(12) Vacation and leisure home.— House used occasionally for vacationing or resting by a person who has another residence constituting the hub of personal, family, and work-related activities.
(13) Voting booth.— A structure made of plastic, carton, fabric, paper, metal, or other material that encloses and protects a space where voters may exercise their right to vote secretly.
(14) Polling center.— Any public or private facility where polling places for a specific electoral unit are set up.
(15) Certificate of Election.— Document whereby the Commission recognizes the candidate’s election to public office, or the results of an election after a general canvass or recount.
(16) Preliminary Certificate of Election.— Document whereby the Commission reports the preliminary results of any election.
(17) Voter Registry or the General Voter Registry Closing.— The last working day prior to an election in which a voter may be included in the General Voter Registry.
(18) Election cycle.— Period from the date on which the filing of primary candidacies is formally open, in accordance with this subtitle, to December 31 st of the general election year.
(19) Polling place.— Place where the voting process of a determined electoral unit is carried out.
(20) Commission.— The State Election Commission of Puerto Rico (CEE, Spanish acronym).
(21) Federal Election Commission.— The Federal Election Commission of the United States of America (FEC), as created by the Federal Election Campaign Act of 1971.
(22) Local Commission.— Official instrumentality of the Commission at the election precinct level.
(23) Election Commissioner.— The person designated by the central governing body of a major party, party, or party by petition as its representative before the State Election Commission.
(24) Political Action Committee.— Committee or political group, independent group, or any other organization engaged in promoting, furthering, or supporting or opposing an aspirant, candidate, or political party, and collecting or allocating funds for such purposes, whether or not it identifies or affiliates with any party or candidacy. Furthermore, it includes such organizations engaged in promoting, furthering, or supporting or opposing any matter presented in a plebiscite or referendum.
(25) Campaign Committee.— Citizen group engaged in directing, promoting, fostering, aiding, or advising the campaign of any political party, aspirant, or candidate with the consent of said political party, aspirant, or candidate. It may receive contributions and incur expenditures. The contributions received shall be deemed to be made on behalf of the aspirant, candidate, or political party, and the activities planned, organized, or carried out, as well as the expenditures incurred, shall be deemed to be coordinated with them.
(26) Election Comptroller.— The Executive Officer and the Appointing Authority of the Office of the Election Comptroller of Puerto Rico, pursuant to the “Puerto Rico Political Campaign Financing Oversight Act”.
(27) Election-related crime.— Any action or omission made in violation of the provisions of this subtitle and which entails a penalty or security measure.
(28) Domicile.— Residence around which the personal and family activities of any person mainly take place, and where said person has, through positive acts, manifested his/her intention to remain.
(29) Election or Elections.— Includes a general election, primary, referendum, plebiscite, voter consultation, and special election.
(30) Special election.— Process whereby voters choose one or more officials within a certain geographic delimitation to fill one or more vacancies in an elective public office in the Commonwealth of Puerto Rico.
(31) General election.— Process whereby, every four (4) years, voters choose the officials who will hold elective public offices in the Government of Puerto Rico, including the offices of governor, resident commissioner, state legislators, mayors, and municipal legislators.
(32) Voter.— Any qualified person who has met the registration requirements.
(33) Electronic canvass.— Process whereby the canvass of the ballots and the record of the choices of the voter, or of a person authorized by him/her, is made with an electronic device that reads or recognizes marks.
(34) Party registration.— Authority granted under this subtitle to political parties to enjoy the rights and prerogatives conferred thereby according to their category. Those parties that poll three percent (3%) or more of the total number of valid votes cast shall remain registered.
(35) Elected official.— Any person who holds an elective public office.
(36) Election official.— A voter that is registered, trained, and who does not hold an incompatible office, according to the applicable local and federal laws and regulations, and who represents the Commission in election-related issues and matters, as provided by the Commission through a document which shall be duly completed and sworn by the designated voter.
(37) Government.— All the agencies that constitute the Legislative, Executive, and Judicial Branches of Puerto Rico.
(38) Political Party Balance Board.— A board designated by political parties represented in the Local or State Commission in order to address issues referred thereto. The Board shall be composed of at least two (2) representatives from different parties appointed by the Election Commissioner or the Local Commissioner of each political party.
(39) Absentee Vote and Advance Vote Administrative Board.— An electoral entity of the Commission created with the purpose of managing the application, voting, and adjudication process of absentee and advance voting.
(40) Polling Place Board.— Electoral entity constituted at the polling place that is in charge of managing the voting process in its assigned polling place.
(41) Permanent Registration Board.— Electoral entity in charge of carrying out election-related transactions.
(42) Electoral Unit Board.— Electoral entity constituted at the electoral unit that is in charge of directing and supervising the voting process in its assigned polling center.
(43) Official Voter List.— Printed or electronic document prepared by the Commission that includes the information required by law from qualified voters assigned to a polling place for a particular election.
(44) Propaganda distribution facility.— Any building, structure, establishment, venue, or mobile unit used to distribute political propaganda.
(45) Mark.— Any type of affirmative expression to be used for an election by the voter, expressed in any valid way, whether on paper or in any electronic media, as determined by the Commission.
(46) Media outlet.— Advertising agencies, radio, motion picture, television, cable television, satellite systems, newspapers, magazines, signs, electronic media, Internet, and other similar media businesses or ventures.
(47) Election material.— Miscellaneous material, printed or electronic document, equipment, or device used in any voting process managed by the State Election Commission.
(48) Mass media.— Books, radio, film, television, cable television, Internet, newspapers, magazines and publications, handouts, postcards, labels, satellite systems, telephone, telephone signs, posters, banners, plaques, bills, loudspeakers, streamers, registration, notices, objects, symbols, logos, and pictures, whether in tapes, disks, compact disks, electronic media, or other similar formats.
(49) Alternate method.— Alternate procedure to a primary which is approved by the central governing body of a political party to select candidates for elective public offices and which complies with the minimum guarantees provided in this subtitle.
(50) Member.— Any voter affiliated to a political party that undeniably manifests belonging to said political party, who participates in its activities, and complies with its regulations, its government program, and the decisions of its internal bodies.
(51) Mobilization.— Any mechanism or system designed to communicate with voters for the purpose of encouraging and transporting them in motor vehicles to vote in an election. It also includes all actions taken by the offices of the Election Commissioners and the headquarters of political parties by means of the telephone, Internet, social media, radio, press, television, banners, etc., and any other communication mechanism for the purpose of encouraging voters to go to their respective polling places.
(52) Voter identification number.— Unique and permanent identification number assigned to every duly registered person by the Commission.
(53) Central Governing Body.— Ruling entity at the Commonwealth level designated as such by each political party in its bylaws.
(54) Local Governing Body.— Local ruling entity of each political party constituted in election precincts, municipalities, or representative or senate districts.
(55) Ballot.— Document or electronic medium available, designed by the State Election Commission, on which the voter shall mark his/her vote.
(56) Adjudicated ballot.— Ballot on which the voter has cast his/her vote and is accepted as valid by the Polling Place or by the State Election Commission.
(57) Blank ballot.— Unmarked ballot that has been registered or deposited in the ballot box by a voter. It shall not be deemed to be a cast vote.
(58) Straight-ticket ballot.— Ballot on which the voter casts a vote for the entire slate of a single political party by voting for the insignia of said party.
(59) Spoiled ballot.— Ballot spoiled by a voter and in substitution of which a second ballot is given. It shall not be deemed to be a cast vote.
(60) Unused ballot.— Ballot that was not used during the voting process.
(61) Split-ticket ballot.— A ballot on which the voter marks the insignia of a political party and shows a valid vote for any candidate or combination of candidates up to the number of elective offices for which the voter has a right to vote, whether in the columns of other parties, or independent candidates, or by writing any name or names in the write-in column. In the event that a dispute arises regarding the validity of a vote marked under an insignia in the State ballot, it shall be understood that no mark has been made under the insignia and the vote shall be adjudicated to the candidates.
(62) Unadjudicated ballot.— A ballot cast by a voter on which the poll inspectors have been unable to agree as to its adjudication, thus the ballot is referred to the Commission, as established by this subtitle, to be adjudicated during the General Canvass.
(63) Void ballot.— Ballot on which the vote has been cast, but after the election, the State Election Commission determines to render invalid. It shall not be deemed to be a cast vote.
(64) Independent vote.— Ballot in which the voter marks, as each elective public office requires, any candidate or combination thereof, from the same political party or from different parties, or independent or write-in candidates, without making any mark under the insignia of a political party.
(65) Untallied ballot.— A cast ballot that the voting or electronic canvassing system did not count. Said ballot shall be reviewed and adjudicated during the General Canvass or Recount.
(66) Protest ballot.— A ballot cast by a voter from which the insignia of any party has been ripped off; on which a name has been written other than in the column for write-in candidates; on which a candidate’s name has been crossed out; or that bears initials, words, marks, or designs of any kind other than those permitted to cast a vote. It shall not be considered a cast vote.
(67) Challenged ballot.— A ballot cast by a voter which has been subject to the challenge process provided in this subtitle.
(68) Party.— A political party that participated in the previous general election and polled not less than three percent (3%) of the total number of votes for the candidacy for Governor and not more than twenty-five percent (25%) of valid votes cast for all candidates for Governor.
(69) Political party.— Major party, party, party by petition, local party, local party by petition.
(70) Local party.— Political party that participated in the previous general election with the purpose of nominating or electing candidates for offices in a specific municipality, senate district, or representative district, and that polled the necessary number of votes to fulfill the requirements of this subtitle to keep its party registered in the delimitation for which it had candidates in the previous general election.
(71) Local party by petition.— Political party that was registered as such in the Commission in order to participate in a general election for a specific municipality, representative district, or senate district.
(72) Party by petition.— Political party that was registered as such in the Commission [as required by this subtitle], in order to participate in a general election for a specific municipality, representative district or senate district, [with the intention of running at least a candidate for Governor].
(73) National party.— Every political party that nominates and participates in the election of candidates for the office of President of the United States of America as per §§ 1321 et seq. of this title, known as the “Presidential Primaries Act”.
(74) Major party.— A political party that participated in the previous general election and polled at least twenty-five percent (25%) of the number of votes cast for the candidacy for Governor by all voters who participated in said general election.
(75) Majority major party.— Party whose candidate for Governor was elected in the previous general election.
(76) Employer.— Any natural or juridical person, whether an executive, administrator, or the head or director of a department, agency, public corporation, municipality, municipal entity, or any entity that hires and employs personnel for profit or nonprofit purposes. Moreover, it includes any agent, representative, supervisor, manager, person-in-charge, executive director, Secretary, custodian, or any person upon whom powers have been entrusted by the employer to supervise, assign tasks, or both. It also includes the agent who acts directly or indirectly in the interest or to the benefit of an employer, and who performs executive tasks in the interest of said employer, be it an individual, partnership, or organization that intervenes therefor.
(77) Person.— Individual, whether natural or juridical, with rights and obligations.
(78) Chair.— The Chair of the State Election Commission.
(79) Primary.— The process whereby candidates running for elective public offices are chosen through direct vote, pursuant to the provisions of this subtitle and the rules adopted by the State Election Commission and the central governing body of each political party.
(80) Special projects.— Specific and particular projects to be carried out by the Commission within an established timeframe or due date. In these projects, there shall be representation of the main political parties and the third party that remains registered in a General Election or the first party by petition that registers immediately after the preceding General Election.
(81) Juridical person.— Corporation, limited liability company, partnership, cooperative, trust, group of persons organized as an association, and labor organization in accordance with the “Puerto Rico Political Campaign Financing Oversight Act”.
(82) Plebiscite.— Method employed to consult the voters of Puerto Rico as to their choice between various options on a same issue of political order, including, but not limited to the political relation between Puerto Rico and the United States of America.
(83) Election precinct.— A geographic delimitation in Puerto Rico for election-related purposes, which shall be composed of one municipality or part thereof.
(84) Election process.— Any election-related activity carried out by the State Election Commission.
(85) Challenge procedure.— Procedure whereby the status of a voter in the General Voter Registry, or the application for registration or transfer during the registration process thereof, is challenged. It shall also mean the procedure whereby the vote cast by a voter in an election is challenged due to well-grounded suspicions that the person is casting such vote illegally.
(86) Referendum.— Procedure whereby one or more specific proposals regarding public policies to be adopted, or legislation to take effect regarding matters of general interest, are submitted to the voters of Puerto Rico for their approval or rejection.
(87) Affiliated Voter Registry.— Registry prepared by each political party that, according to its rules and regulations, includes voters who are members of said political and who comply with the method established by the political party for such purposes.
(88) General Voter Registry.— Record prepared and kept by the State Election Commission that contains the information of all the persons in Puerto Rico who have registered for election-related purposes.
(89) Relocation.— Procedure whereby a voter requests that his/her registration be assigned to another electoral unit within the same precinct due to a change in domicile or an error in location.
(90) Electronic Canvassing System.— Any machine, software, or device used by the State Election Commission, and under the supervision thereof, to count votes cast during any election event held in Puerto Rico, as well as any of its components, including, but not limited to, cables, electrical connections, landline or wireless data connections, battery systems, ballot boxes, software, and any other hardware or software component needed for the machine to count votes and transmit voting tallies and results.
(91) Transfer.— Procedure whereby a voter requests the transfer of his/her registration from one precinct to another due to a change in domicile.
(92) Court.— Any of the parts or judges of the General Court of Justice of Puerto Rico designated by the Chief Justice of the Supreme Court of Puerto Rico to hear election-related cases in accordance with this subtitle and the “Puerto Rico Political Campaign Financing Oversight Act”.
(93) Electoral unit.— The smallest geographic delimitation into which the precincts have been divided for election-related purposes.
(94) Electronic voting.— Process whereby voters cast their votes using an electronic device or medium, including, but not limited to: the telephone, a direct-recording electronic system, the Internet, a special device for persons with severe physical disabilities, and others that do not require the use of a paper ballot.
(95) Early voting.— A process whereby the Commission allows certain voters who are in Puerto Rico on election day to cast their vote before the date set for said election.
(96) Absentee voting.— A process whereby the Commission allows certain voters who will be outside of Puerto Rico on election day to cast their vote.
History —June 1, 2011, No. 78, § 2.003; Nov. 21, 2011, No. 230, § 1; June 17, 2014, No. 67, § 3; Dec. 22, 2014, No. 239, § 2.