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) › § 622c - Powers, duties, and functions of the Election Comptroller

The Election Comptroller shall have the following powers, duties, and functions:
(a) To carry out the functions, duties, and responsibilities imposed by this chapter and by any other law, insofar as these are not incompatible with the provisions of this chapter.
(b) To sue and file any judicial writs or recourses deemed appropriate by the Board of Election Comptrollers and to represent the Office of the Election Comptroller in the event that it is sued or included in any judicial writ or action.
(c) To be custodian of the official seal of the Office of the Election Comptroller as determined by the Board of Election Comptrollers, of which judicial notice shall be taken to authenticate all documents that are required or authorized to be issued under this chapter.
(d) To act as the administrator and chief executive officer of the Office of the Election Comptroller; establish the internal organization thereof; appoint assistant officials; and plan, administer, and supervise the operations of the Office, in accordance with the regulations adopted upon decision of the Board of Election Comptrollers, so as to achieve the purposes of this chapter.
(e) To issue administrative orders and opinions, upon decision of the Board of Election Comptrollers, to comply with this or any other power granted under this chapter or the regulations adopted thereunder.
(f) To issue and notify any determination and communication required and authorized under this chapter; appoint the officials and employees of the Office of the Election Comptroller in accordance with the regulations to be adopted by the Board of Election Comptrollers, who shall have the technical expertise and experience required to achieve the purposes of this chapter, as well as to appoint personnel as are necessary to carry out the functions thereof, as provided in this chapter. The Office of the Election Comptroller shall be an Individual Administrator, and its personnel shall be exempt from the provisions of §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, §§ 1451 et seq. of Title 3, better known as the “Puerto Rico Public Service Labor Relations Act”, and §§ 729a et seq. of Title 3, known as the “Public Employees Health Benefits Act”. The personnel of the Office of the Election Comptroller may avail themselves of the benefits provided by any Retirement or Investment for Retirement System provided by the Government of Puerto Rico or any other to which they are making contributions or participating on the date of their appointment or they may choose any other method of private retirement. The Office of the Election Comptroller shall be exempt from compliance with those laws, regulations and circular letters that do not apply to the State Election Commission.
(g) To establish and maintain, as provided in this chapter, organizational, physical, and technological structures 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.
(h) To fix and authorize the payment of per diems and reimburse the expenses incurred by the officials, employees, and agents thereof, according to the appropriate financial resources.
(i) To draft and adopt specific auditing guidelines following generally accepted auditing guidelines, but specifically adapted to election procedures, which shall apply in an uniform manner.
(j) To draft, when the Board of Election Comptrollers so authorizes, a duly grounded written opinion for every audit in which apparent violations of the Election Law are found.
(k) To adopt a job classification and compensation plan.
(l) To require services from personnel of other government agencies that may be transferred to work in the Office of the Election Comptroller.
(m) To use, by means of an agreement, and without it being understood as a limitation, 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 in accordance with the regulations adopted by the Board of Election Comptrollers.
(n) To contract services, in accordance with the regulations adopted by the Board of Election Comptrollers, of technical, professional, specialized, or other personnel as necessary or appropriate in order for the Office of the Election Comptroller to comply with the provisions of this chapter.
(o) To represent the Office of the Election Comptroller in any events or activities that so require or that, in his/her judgment, so warrant.
(p) To acquire, lease, sell, or otherwise dispose of any property, as necessary or appropriate, to meet the purposes of this chapter.
(q) To enter into and execute contracts or authorize any other necessary instrument to exercise the powers granted under this chapter.
(r) To negotiate and enter into any necessary and convenient arrangements or agreements, when the Board of Election Comptrollers so authorizes, in order to achieve the objectives of the Office of the Election Comptroller, with entities of the federal, state, and municipal governments and other departments, agencies, public corporations, or instrumentalities of the Government of Puerto Rico, as well as with private institutions.
(s) To accept and receive gifts or funds by means of appropriations, advances, or other kind of aid or benefit when these are made by government entities or nonprofit institutions, subject to the provisions of §§ 1801 et seq. of Title 3, known as the “Ethics in Government Act of the Government of Puerto Rico” the regulations adopted thereunder, and any other applicable law, according to the circumstances; to acquire by means of purchase, loan, gift, or development: software, infrastructure, communications network services, hardware, and any other devices, services, and supplies in connection with information systems.
(t) To correct, motu proprio or by request of any interested party, any typographic or grammatical error, or inadvertent or repairable errors or omissions in the final determinations and decisions issued in accordance with the requirements established by regulations.
(u) To prepare and keep in digital format the administrative records of the matters under consideration by the Office of the Election Comptroller, which shall be available for public inspection during business hours.
(v) To provide the agencies of the Executive, Judicial, and Legislative Branches with any information required by them.
(w) To request any agency or public corporation of the Executive Branch, the two (2) Houses of the Legislative Branch, or the Judicial Branch, any necessary or pertinent information to comply with the provisions of this chapter.
(x) To establish educational and orientation programs in connection with the obligations, duties, and responsibilities imposed by this chapter; attendance to such education and advisory programs shall be mandatory for every aspirant and candidate and the treasurer and deputy treasurer of the committees authorized under this chapter; not later than thirty (30) days as of the filing of a candidacy, and not later than fifteen (15) days as of the filling of a vacancy by means of replacement, the aspirant or candidate shall complete the training provided by the Office of the Election Comptroller; this Office shall be responsible for issuing the appropriate certificate and publish a list of certified aspirants and candidates; in the case of treasurers and deputy treasurers, these shall take the courses not later than thirty (30) days after their designation; the Election Comptroller or the person designated by him/her shall offer such courses outside regular business hours and on weekends when the aspirant, candidate, treasurer, or deputy treasurer so requests; Provided, however, That if any aspirant, candidate, treasurer, or deputy treasurer fails to comply with this obligation, he/she shall be subject to the administrative fines authorized under this chapter.
History —Nov. 18, 2011, No. 222, § 3.003; July 3, 2012, No. 135, § 4; renumbered as § 3.003A and amended on Dec. 19, 2014, No. 233, § 6.