2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4012 - Functions, duties, and powers

The Commission shall be responsible for planning, organizing, structuring, directing, and supervising the electoral entity and all election-related processes that govern any election to be held in Puerto Rico, pursuant to this subtitle and its regulations. In carrying out this function, the Commission shall have the following duties, in addition to any others provided in this subtitle:
(a) To study the election-related issues that affect the Puerto Rican community and design an integrated plan geared toward attaining greater efficiency, promptness, and resolution of every election-related issue, matter, and procedure.
(b) To ensure that a record of all procedures, acts, and rulings is kept as provided herein.
(c) To adopt, alter, and use an official seal, to be taken into judicial notice, which shall be stamped on all its documents, resolutions, and orders.
(d) To approve the work plans and adopt bylaws and internal operating standards to conduct matters under its jurisdiction, including those needed to review and correct voter lists.
(e) To address, investigate, and resolve matters or controversies submitted for its consideration by any interested party, except those regarding contributions and expenditures of political parties, aspirants, candidates, independent candidates, campaign committees, political action committees, corporations, unions, and elected officials, and to political campaign financing, which shall be under the exclusive jurisdiction of the Election Comptroller, as established under the “Puerto Rico Political Campaign Financing Oversight Act”; when circumstances so warrant, and when so provided by resolution, the Commission may designate examining officials, whose duties and procedures shall be established by resolution or regulation of the State Election Commission and who shall submit reports and recommendations to said Commission.
(f) To file any legal recourses it may deem necessary to carry out and enforce the purposes of this subtitle.
(g) To periodically gather and evaluate local election-related procedures in light of the technological, procedural, and legislative developments of other democratic jurisdictions. To such effect, the Commission shall establish an Election Research Center, and shall request the Chair to appoint the personnel and allocate the resources needed to establish said Center. Furthermore, the Center shall promote the physical and digital compilation of election-related materials, research on the different election procedures, as well as the history of the election processes in Puerto Rico and other countries.
(h) To require that all election-related files, records, and other documents in its custody be kept and protected, both in original and on digital format, pursuant to the provisions of §§ 1001—1013 of Title 3, known as the “Puerto Rico Public Documents Administration Act”.
(i) To render an annual report of its work, achievements, and recommendations to the Governor and the Legislative Assembly.
(j) To make a limited publication of a special revised edition of this subtitle, and the rules and regulations adopted thereunder, not less than six (6) months before an election.
(k) To determine, by regulations, the equitable distribution of election-related publications and materials that may be published and fix the sales price thereof, taking production and printing costs into consideration. None of the aforementioned provisions shall limit the discretion of the Commission to exempt from such payment any political party, independent candidate, citizen group, or nonprofit educational institution or civic organization that requests them. Likewise, in these cases, the quantity of the material to be distributed free of charge may also be agreed on; however, each political party, independent candidate, or citizen group certified by the Commission and participating in an election shall be entitled to a reasonable minimum number of publications free of charge.
(l) To approve and adopt rules and regulations as necessary to implement the provisions of this subtitle under its jurisdiction, which shall take effect, upon notice to the Governor and the Legislative Assembly of Puerto Rico, through a publication to such effect made two (2) times within a term of two (2) weeks in two (2) newspapers of general circulation, without having to comply with the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”. The Commission shall notify political parties, organizations, and independent candidates participating in a general election of any proposal on rules which it intends to consider for approval if it involves a change in the voting system to be used in said election. Furthermore, the Commission shall hold public hearings so that citizens in general may have an opportunity to express themselves on the matter. Such public hearings shall be called through notices to be published two (2) times within a term of two (2) weeks in two (2) newspapers of general circulation. This process shall be completed not less than one (1) week prior to the holding of such public hearing. Such notices shall inform the public that copies of the rules to be considered in the hearing shall be available to any person at the offices of the Commission. The Commission shall approve the regulations for the general election and general canvass at least one hundred and eighty (180) days before the holding of the general election.
(m) To develop a plan for affirmative action and approve the pertinent regulations to facilitate the exercise of the right to vote of people with disabilities.
(n) To call meetings of the Local Election Commissions when deemed necessary.
(o) To initiate and develop a plan for the implementation of an electronic voting or canvassing system, or both, in which the voter is able to control the ballot and interact with the electronic device, so that the vote cast is duly saved. Upon analysis, the Commission shall determine which electronic canvassing system shall be implemented; such system shall include, but not be limited to, a financial projection of the cost of staggered or immediate implementation so that the Commission may request a budget allocation, which shall be deposited in the fund created for this purpose;
(p) To enter into collaboration agreements with other departments, agencies, government entities, and public or private corporations, universities, and international election organizations to which it belongs upon the Commission’s approval.
(q) To promote the registration of new voters and re-registration of voters.
History —June 1, 2011, No. 78, § 3.002; Nov. 21, 2011, No. 230, § 2; Dec. 22, 2014, No. 239, § 4.