2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 2 - Additional Provisions (§§ 351 — 973q) › Chapter 60 - Puerto Rico Political Campaign Financing Oversight Act (§§ 621 — 634) › Subchapter II - Office of Election Comptroller (§§ 622 — 622p) › § 622b-1 - Powers, duties, and functions of the Board of Election Comptrollers

The Election Comptroller shall have the following powers, duties, and functions:
(a) To carry out, by consensus, the functions, duties, and responsibilities imposed by this chapter and by any other law, insofar as these are not inconsistent with the provisions of this chapter.
(b) To adopt the official seal of the Office of the Election Comptroller, of which judicial notice shall be taken to authenticate all the documents that the Board and its officials are authorized or required to issue under this chapter.
(c) To evaluate and determine, if it deems it necessary, to sue and require to the Legal Division the filing of any judicial writs or recourses deemed appropriate; authorize the issue of administrative orders and opinions to exercise this or any other power established in this chapter or the regulations adopted thereunder.
(d) To revise and approve, as provided in this chapter, organizational, physical, and technological structures, as well as classification and compensation plans as are necessary for the proper operation of the Office of the Election Comptroller, which include sharing administrative resources or components with the State Election Commission.
(e) To evaluate and approve any interagency collaboration agreement for the use of, but not limited to, any administrative resources, services, and facilities available in other public agencies and instrumentalities, such as information technologies, offices, accounting services, finance services, human resources, legal matters, equipment, supplies, and others.
(f) To negotiate and enter into any necessary and convenient arrangements or agreements, in order to achieve the objectives of the Office of the Election Comptroller, with Federal government bodies, state and municipal governments and other departments, agencies, public corporations, or instrumentalities, and private institutions.
(g) To evaluate and approve the operating expense budget to be submitted to the Governor through the Office of Management and Budget, and to the Legislative Houses; and oversee the sound administration of the funds allocated.
(h) To review and approve all the bylaws and regulations, rules and election audit systems needed to enforce the provisions of this chapter.
(i) To review and adopt specific auditing guidelines following generally accepted auditing standards, specifically adapted to election processes, which shall apply uniformly.
(j) To review, modify, or approve duly grounded written opinions prepared by the Office of the Election Comptroller for every audit in which apparent violations of the election law are found.
(k) To approve the acquisition, lease, sale, or other type of disposal as recommended by the Election Comptroller of any property, as necessary or appropriate, to achieve the purposes of this chapter.
(l) To establish an election audit system that shall be applied fairly and uniformly to natural and juridical persons, the broadcasting media, advertising agencies, independent producers, aspirants, candidates, political parties, groups, and committees, subject to the provisions of this chapter.
(m) To carry out audits in connection with contributions and expenditures, and address and investigate complaints duly sworn before a notary public related to violations of this chapter. Every complaint shall be processed as provided by regulations, and said processing, including disclosure thereof, shall be governed by the auditing guidelines.
(n) To draft the Regulations on General Auditing Guidelines adapted to the election processes, as well as any other regulations as are necessary to enforce the provisions of this chapter; these regulations shall be filed with the Department of State of the Government of Puerto Rico. Such regulations shall be adopted pursuant to the procedure established in this chapter and after holding a public hearing, for which a notice shall be published in at least two (2) newspapers of general circulation at least fifteen (15) days before the holding thereof. The regulation process shall be carried out as provided in this chapter, and the provisions of the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3, shall not apply thereto. Every audit carried out as of the date of approval of this act shall be governed by the regulations that are in effect on said date. Any Audit Regulations approved by virtue of this chapter shall apply prospectively to audits corresponding to the following election cycles.
(o) To investigate any apparent violations of the provisions of this chapter and the regulations thereunder and impose the applicable sanctions. Furthermore, the Board may make referrals to State and Federal agencies in the event a violation of this or any other act is found.
(p) To carry out audits in connection with contributions and expenditures, and address and investigate complaints duly sworn before a notary public related to violations of this chapter. Every complaint shall be processed as provided by regulations, and said processing, including disclosure thereof, shall be governed by the auditing guidelines.
(q) To issue orders to show cause and notices regarding violations of law.
History —Nov. 18, 2011, No. 222, added as § 3.003 on Dec. 19, 2014, No. 233, § 6.