reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 3 - Primaries (§§ 1001 — 1353) › Chapter 115 - Compulsory Presidential Primaries (1979 Act) › § 1352a - Use of public funds

All affiliated political parties, as defined in § 1322(n) of this title, may avail themselves of the benefits of public funds administered by the Commonwealth Elections Commission for the holding of a presidential primary, or an assembly that substitutes for same with the authorization of the National Party, and which has as an essential requirement the maximum participation of the electors affiliated to the affiliated political party. If there has been an economic subsidy for the holding of the presidential primaries or assemblies, the affiliated political party so benefited shall be bound to render through its electoral representative and the President of the central committee of said party, the lists of electors who participated in said electoral event duly certified by sworn statement. The use of public funds for any internal reorganization process is hereby prohibited.
In all internal reorganization processes, all matters pertaining to the qualification of candidates, the terms for the filing of candidacies, and the process that culminates with the holding of same, shall be carried out according to the provisions set forth by the internal rules of the affiliated political party.
History —Sept. 24, 1979, No. 6, p. 997, added as § 30 on June 30, 1999, No. 137, § 2; July 17, 2003, No. 163, § 4.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 3 - Primaries (§§ 1001 — 1353) › Chapter 115 - Compulsory Presidential Primaries (1979 Act) › § 1353 - Jurisdiction

The jurisdiction over the registration of affiliated political parties, as well as all matters covered by this chapter and by prior §§ 1301 et seq. of this title, are hereby immediately vested exclusively upon the Chairperson of Commonwealth Election Commission, regardless of which stage the processing, if any, of said said matters or registration is in before the Commonwealth Election Commission. All records, documents or material related to any matters covered by this chapter and prior §§ 1301 et seq. of this title, are hereby transferred to the Commonwealth Election Commission.
History —Sept. 24, 1979, No. 6, p. 997, § 34; Oct. 3, 1983, No. 34 p. 5, § 14; renumbered as § 31 on Mar. 15, 1984, No. 2, p. 448, § 15; renumbered as § 30 on July 2, 1987, No. 89, p. 347, § 12; July 28, 1995, No. 91, § 1; renumbered as § 31 and amended on June 30, 1999, No. 137, § 3.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 401 - Preliminary Provisions (§§ 4001 — 4005) › § 4001 - Title

This subtitle shall be known as the “Commonwealth of Puerto Rico Election Act”.
History —June 1, 2011, No. 78, § 2.001; Dec. 22, 2014, No. 239, § 1.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 401 - Preliminary Provisions (§§ 4001 — 4005) › § 4002 - Declaration of purpose

The State, by the consent of the governed, constitutes the governing body of every democratic system. The greatness and strength of said body rests primarily on the will and participation of the citizens in the election processes wherefrom the operation and functioning thereof arise.
The right to vote stems from various sources: first, from the right of all human beings to elect their own governments; second, from the United States Constitution; and third, from the Constitution of Puerto Rico-which sets forth the right to universal, equal, secret, direct, and free suffrage, whereby every citizen may cast his vote as dictated by his conscience-and from the statutes that enforce constitutional provisions.
The guarantee of the right to vote is the most effective instrument of citizen expression and participation in a democratic government system. This electoral franchise may be organized through political parties to which a series of rights are recognized, though they are still subject to the rights of individual voters recognized under § 4061 of this title.
This subtitle acknowledges the people’s capability to express their will notwithstanding their political affiliation in order to protect those citizens who wish to do so.
For all of the foregoing, we hereby reassert that the underlying principle of an election law is to guarantee procedural purity whereby every vote is counted as it was cast. Thus, this subtitle is hereby adopted to fully ensure such purity, which is essential for the development of our democracy, while assuring the trust of Puerto Rican voters in election processes that are free from fraud and violence. Additionally, the sole underlying principle of this subtitle is to guarantee that every citizen shall have equal opportunity to participate in all stages of the election process. Furthermore, in recognizing the constitutional rights of all United States citizens residing in Puerto Rico and the fact that the official languages of the Island are both Spanish and English, we believe that an election system in which only the former is used discriminates against those citizens who only speak English, or understand it better, due to their national origin, ethnicity, or race, thus violating the Equal Protection Clause of the United States Constitution.
For such reason, both Spanish and English shall be used in every regular or special election process carried out pursuant to the provisions of this chapter, including any process preceding or following the election year and those related to voter registration, issuance of voter identification cards, information to voters, orientation campaigns, and regulation and printing of official and sample ballots, among others.
History —June 1, 2011, No. 78, § 2.002; Dec. 22, 2014, No. 239, § 1.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 401 - Preliminary Provisions (§§ 4001 — 4005) › § 4004 - Terms

In computing the terms stated in this subtitle, the Rules of Civil Procedure of Puerto Rico of 2009 shall apply, except for those fixed in §§ 4015 and 4045 of this title, which shall be restrictive.
History —June 1, 2011, No. 78, § 2.004.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 401 - Preliminary Provisions (§§ 4001 — 4005) › § 4005 - Uniformity

The rulemaking authority conferred by virtue of this subtitle onto the electoral entities created herein shall be exercised so as to standardize every election held, insofar as it is feasible and compatible.
History —June 1, 2011, No. 78, § 2.005.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4013 - Meetings

The Commission shall meet weekly in regular session on the date, at the time, and in the place previously agreed upon by the Commissioners, without having to issue a call therefor. It may also hold as many special sessions as it deems necessary to carry out its functions, either by agreement of the majority of the Election Commissioners or by determination of its Chair, after a call to such effect. During the six (6) months that precede any general election, and during the two (2) months prior to a special election, referendum, consultation, or plebiscite, the Commission shall meet in permanent session, being able to recess, from time to time, by agreement of its members.
(a) The Chair and two (2) Election Commissioners shall constitute a quorum.
(b) The meetings of the Commission shall be private, with the exception of the adjudication sessions in the general canvass of an election. However, it may be determined by the unanimous agreement of the Election Commissioners in attendance that the meetings shall be public. The only persons who can be present during private meetings are the Chair, the Election Commissioners, the Vice Chairs, the Alternate Commissioners, the Secretary, and the Deputy Secretaries. The Commission shall have the prerogative to invite any person to participate in the discussion of an issue. The Alternate Commissioners shall only participate in the discussion and voting when substituting for the regular commissioner concerned.
(c) Any hearings authorized herein shall be public.
(d) Minutes shall be taken at each meeting and presented at the next meeting for the approval of the Commission. A stenographic or electronic record shall be kept of the Commission’s work, debates, or deliberations. Any Election Commissioner may request a certified transcript of such record.
History —June 1, 2011, No. 78, § 3.003.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4014 - Decisions

(a) Every motion filed with the Commission by any of the Election Commissioners shall be immediately considered for discussion and vote without having to be seconded.
(b) Every election-related issue shall be required to be agreed upon by the Commission and be approved by unanimous vote of the Election Commissioners present at the time of voting. The Chair shall decide in favor or against any matter that did not receive a unanimous vote. In these cases, the decision of the Chair shall be deemed to be that of the Commission, and may be appealed in the manner provided in this subtitle.
(c) Any amendment to, or modification of, the general elections and general canvass regulations adopted within less than ninety (90) days before the general election shall require the participation and unanimous vote of all Election Commissioners. Provided, That any amendment regarding the additional inclusion of other absentee voting categories or arising during the ninety (90) days prior to a general election, or on the day of the general election, and until the canvass has been completed, shall be made by unanimous vote in the Commission, and if unanimity cannot be achieved in this last case, the proposed issue shall be defeated and may not be resolved by the Chair.
History —June 1, 2011, No. 78, § 3.004; Nov. 21, 2011, No. 230, § 3; Dec. 22, 2014, No. 239, § 5.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4015 - Jurisdiction and procedures

Unless otherwise provided in this subtitle, the Commission shall have original jurisdiction to consider, hear, and resolve any election-related matter or controversy, either motu proprio or by request of an interested party.
(a) The Commission shall have the power to investigate any sworn claim or complaint filed with the Office of the Secretary. It may also hold hearings on the matter under investigation. The Commission may delegate such powers to other officials of the Commission, such as Vice Chairs, Alternate Commissioners, or persons selected unanimously by the Commissioners. The Commission shall notify the parties of the holding of hearings within the terms prescribed by regulations.
(b) The Commission shall resolve those matters and controversies brought before its consideration within a term not to exceed thirty (30) days after its filing date with the Commission or with the Office of the Secretary. However, this term shall be of five (5) days if the matter or controversy was filed within thirty (30) to five (5) days prior to an election.
(c) Every matter or controversy that arises within five (5) days prior to an election shall be resolved the day after its filing, if it is submitted within the four (4) days prior to the eve of the election. However, any matter or controversy filed at any time on the eve of an election shall be resolved not later than six (6) hours following the filing thereof, and, when filed on election day, within one (1) hour after being filed.
None of the aforementioned provisions shall have the effect of staying or delaying any election process duly scheduled to be held at a specific hour and on a specific date.
History —June 1, 2011, No. 78, § 3.005.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4016 - Commission documents

Unless otherwise provided in this subtitle, all records, briefs, documents, files, and materials of the Commission shall be deemed to be public documents and may be examined by any Election Commissioner or interested party. Notwithstanding, the Commission shall not provide any person with copies of the General Voter Registry or voter identification cards, ballots, tally sheets, or official checklists that shall be used in an election, except as provided further on sample ballots. Registration documents shall be deemed to be private, and copies thereof shall only be available to registered voters, the Election Commissioners, the Commission and its official entities, or any competent court in the discharge of its functions, when so required by this subtitle.
Election Commissioners shall be entitled to request a copy of the documents of the Commission, and these shall be issued free of charge within ten (10) days following the request.
Neither the Registry of Affiliated Voters nor the primary voting lists of political parties shall be deemed to be public documents. Only the Election Commissioner of the political party in question shall have access to such documents.
History —June 1, 2011, No. 78, § 3.006; Dec. 22, 2014, No. 239, § 6.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4020 - Secretary and Deputy Secretaries

Election Commissioners shall appoint one (1) Secretary and up to two (2) Deputy Secretaries. The Commission shall appoint a Secretary upon the recommendation of the Election Commissioner of the majority major party, the participation of all the Election Commissioners, and their unanimous vote. If unanimity is not reached by the Election Commissioners within thirty (30) days following the recommendation of the Election Commissioner of the majority major party, the Chair may appoint the person recommended by the Election Commissioner of the majority major party as Secretary. Said Secretary shall hold office while he enjoys the trust of the Election Commissioner from the major party whose candidate for Governor polled the largest number of votes in the immediately preceding election. The First Deputy Secretary shall be appointed by the Election Commissioner of the major party whose candidate for Governor polled the second largest number of votes in the immediately preceding election; unless the Election Commissioner of the major party whose candidate for Governor polled the second largest number of votes in the immediately preceding election is the same party that originally appointed or recommended the Secretary, in which case the First Deputy Secretary shall be appointed by the Commissioner of the majority major party whose candidate for Governor polled the largest number of votes in the immediately preceding election. The Second Deputy Secretary shall be appointed by the party that polled the third largest number of votes and remained registered in the immediately preceding General Election or by the first party by petition that is registered immediately after the preceding General Election.
Deputy Secretary positions shall be trust positions of the political parties that recommend them and may be removed from office by the Election Commissioners of the parties they represent.
The Secretary and Deputy Secretaries shall be appointed not later than July 1 st of the year following the election and, every four (4) years thereafter or until their successors are appointed.
History —June 1, 2011, No. 78, § 3.010; Dec. 22, 2014, No. 239, § 10.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4021 - Functions and salaries of the Secretary and Deputy Secretaries

The Secretary and the Deputy Secretaries shall carry out the functions delegated unto them by this subtitle, as well as any other functions assigned to them by the Commission. The Secretary and Deputy Secretaries shall earn the salary fixed through regulations, which shall not be greater than or equal to that of the Secretary. These officials may avail themselves of the benefits of a Retirement System or Retirement System Investment Plan provided by the Government of Puerto Rico or any other in which they were enrolled or participating as of the date of their appointment.
The Commission through regulations shall establish the duties and functions of the Deputy Secretaries.
History —June 1, 2011, No. 78, § 3.011.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4022 - Vacancy in the Offices of Secretary and Deputy Secretaries

In the event that the Secretary is temporarily absent or disabled, the First Deputy Secretary shall become Acting Secretary for the length of said absence or disability. Likewise, if a vacancy arises in said office, the Deputy Secretary shall act as Acting Secretary for the length of such vacancy and until a successor has been appointed and takes office.
The Commission shall have thirty (30) days to make a new appointment to fill any vacancy arising in the position of Secretary or Deputy Secretary. If, upon the expiration of said term, the Commission has failed to make such appointment, the Chair shall then appoint the person who shall fill the vacancy temporarily until the Commission makes a new appointment.
Any new appointment shall be made for the remainder of the term of the predecessor, and the person thus designated shall meet the requirements established in § 4020 of this title.
History —June 1, 2011, No. 78, § 3.012.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4023 - Powers and duties of the Secretary

In addition to those set forth in this subtitle or its regulations, the Secretary shall have the following functions or duties:
(a) To take notes, draft, and prepare the minutes of the meetings of the Commission, as well as to certify them;
(b) to certify, compile, notify, and publish the resolutions, orders, opinions, and determinations of the Commission;
(c) to receive briefs, notices, and other documents that may be presented for consideration and resolution by the Commission;
(d) to notify the Commission of the documents, briefs, appeals, notices, and other papers presented to the Secretary no later than at the session immediately following their receipt;
(e) to notify the interested parties about the resolutions, orders, determinations, and actions of the Commission through the proper means;
(f) to issue certifications and authentications documents, opinions, and other determinations of the Commission;
(g) to assume custody of all election-related files and documents and keep them in appropriate order;
(h) to present and show election-related records and documents to any person, upon request, ensuring, at all times, that they are not altered, mutilated, destroyed, or removed from his/her office;
(i) to administer oaths regarding election-related matters;
(j) to perform any other acts and fulfill any other obligations necessary for performing his/her duties to the fullest, as well as those prescribed by law, regulations, or order of the Commission, and
(k) to delegate any functions and duties to the Deputy Secretaries with the consent of the majority of the Commissioners and the Chair of the Commission.
History —June 1, 2011, No. 78, § 3.013.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4024 - Election Commissioners

The Election Commissioners and Alternate Commissioners representing major parties, parties, and parties by petition shall be appointed by the Governor of Puerto Rico by petition of the central governing body of the party they represent. They must be persons of recognized moral probity, duly qualified voters and residents of Puerto Rico at the time of their appointment, and knowledgeable about election-related matters.
Alternate Commissioners shall perform the duties of Election Commissioners in case of absence, disability, resignation, death, removal, or when the office becomes vacant for any reason, and until the Election Commissioner in question returns to his duties or a new designation is made. The Election Commissioners and Alternate Commissioners shall not be aspirants or candidates for office, nor hold elective public offices.
The annual salary of Alternate Commissioners shall be established by the Commission through regulations to such effect, which may not be equal to or greater than that of Election Commissioners. Alternate Commissioners may avail themselves of the benefits of a Retirement System or Retirement System Investment Plan provided by the Government of Puerto Rico or any one in which they were enrolled or participating in as of the date of their appointment.
Election Commissioners shall have an office in the facilities of the Commission and be entitled to request the Chair to appoint two (2) executive assistants, two (2) secretaries, four (4) clerks or their equivalent, one (1) statistician, one (1) election planning analyst, and one (1) registration officials’ coordinator or their equivalents according to the job classification plan in effect. Political parties by petition shall be entitled to have an office in the facilities of the Commission and to request the Chair to appoint the same number of employees stated above, except for the registration officials’ coordinator. Only a political party by petition that constitutes the third member in the Registration Boards shall be entitled to appoint a registration officials’ coordinator. Such personnel may be assigned by the Election Commissioners to perform election-related functions in their Offices at the headquarters of their political parties. These persons shall be appointed as trust employees, render services under the supervision of the Election Commissioner concerned, perform those tasks entrusted to them by the Commissioner, and earn the salary and be entitled to the benefits fixed by law and regulations for Commission personnel. The Election Commissioners may request to the Chair that their employees be hired by contract, but the sum to be paid for said contract shall, in no case, exceed the maximum compensation fixed for the regular position.
History —June 1, 2011, No. 78, § 3.014; Nov. 21, 2011, No. 230, § 6; Dec. 22, 2014, No. 239, § 11.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 403 - Judicial Review (§§ 4031 — 4035) › § 4031 - Judicial review of the decisions of the Commission

Any party that is adversely affected by a resolution, ruling, or order of the Commission may, within ten (10) days following the notice thereof, resort to the Court of First Instance by filing a writ of review. The petitioner shall have the responsibility to notify the Commission by means of a copy of the writ of review filed with the Office of the Secretary of the Commission, and to notify any other adversely affected party as well within the term provided for appeal before the court. Such term shall be interrupted by filing a motion for reconsideration within the same term, provided that the Commission, through its Chair, as well as any other adversely affected party are notified within said term. A person shall be entitled to file only one motion for reconsideration, which shall be resolved by the Commission within a term of five (5) days. A party shall have ten (10) days from the issuance of the ruling regarding the reconsideration to file a writ of review with the Court of First Instance.
The Court of First Instance shall hold a hearing on its merits, receive evidence, and make the appropriate determinations of fact and conclusions of law. The court shall resolve said review within a term not to exceed twenty (20) days after the date said petition was filed.
Within thirty (30) days preceding an election, the term to file the writ of review shall be twenty-four (24) hours. The petitioner shall have the responsibility to notify the Commission and any other affected party within said term by means of a copy of the writ of review. The court shall resolve said review within a term not to exceed five (5) days after the date in which the case was filed.
Any issue or controversy that arises within five (5) days before the holding of an election shall be notified on the same day it is filed and resolved not later than the day after its filing.
Cases regarding the challenge of an election, as well as all writs of review filed against the Commission, shall be heard before the Court of First Instance, San Juan Part.
History —June 1, 2011, No. 78, § 4.001.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 403 - Judicial Review (§§ 4031 — 4035) › § 4032 - Review by the Court of Appeals and the Supreme Court

Any party affected by a decision of the Court of First Instance may file a writ of review on its grounds before the Court of Appeals within ten (10) days following the notice thereof. An affected party shall have the same term to resort to the Supreme Court in certiorari. The Supreme Court and the Court of Appeals shall have a term of ten (10) days to resolve the case before their consideration.
The petitioner may file a motion for reconsideration with the Court of Appeals, which shall interrupt the term to resort to the Supreme Court. In such case, the Court of Appeals shall have a term of three (3) days to resolve the case before its consideration.
History —June 1, 2011, No. 78, § 4.002.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 403 - Judicial Review (§§ 4031 — 4035) › § 4033 - Effects of a judicial ruling or review

In no case shall a decision of the Court of First Instance, or the review thereof by the Court of Appeals, of an order or resolution of the Commission have the effect of suspending, staying, impeding, or in any manner obstructing the voting or canvassing in an election, or the general canvass, or any other procedure, action, or matter that must be initiated or carried out on a specific date or at a stated time pursuant to this subtitle.
History —June 1, 2011, No. 78, § 4.003.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 403 - Judicial Review (§§ 4031 — 4035) › § 4034 - Court costs and fees

No fees whatsoever, pursuant to the Notarial Act of 1987, shall be charged on election-related matters transacted in courts of law. No legal aid stamps shall be canceled in the case of sworn statements given on election-related matters, and Court Clerks shall issue, free of any charge, the certifications of the entries in the books under their custody, as well as of the resolutions and judgments issued by said courts of law on election-related matters of any kind.
History —June 1, 2011, No. 78, § 4.004.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 403 - Judicial Review (§§ 4031 — 4035) › § 4035 - Appointment of judges in election-related cases

All judicial actions and proceedings, whether civil or criminal, provided in and regulated by this chapter shall be heard by the judges of the Court of First Instance as designated by the Chief Justice of the Supreme Court of Puerto Rico. The Chief Justice of the Supreme Court of Puerto Rico shall make such designation within three (3) months before the date of the election in question, and notify such designation in writing to the State Election Commission specifying the appropriate judicial district.
History —June 1, 2011, No. 78, § 4.005; Nov. 21, 2011, No. 230, § 7; June 17, 2014, No. 67, § 5; Dec. 22, 2014, No. 239, § 13.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4041 - Special Commission

A Special Commission is hereby created to address special elections in which a political party offers more than one candidate to fill a vacancy in an elective public office left by an official from that same party. Such Special Commission shall be composed of the Chair and the Election Commissioner of the political party in question.
The Special Commission shall direct and inspect the special election. Furthermore, it shall enforce the regulation adopted by the central governing body of the political party in question, insofar as said regulation does not violate the provisions of this subtitle and has been filed with the Commission with the certification of the President and the Secretary of the political party.
History —June 1, 2011, No. 78, § 5.001.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4042 - Local Election Commissions

A Local Commission shall be constituted in each election precinct. Local Commissions shall be permanent in nature and be composed of a Chair, who shall be a Judge of the Court of First Instance designated by the Chief Justice of the Supreme Court of Puerto Rico, as provided in § 4035 of this title at the request of the Commission.
The judges who shall serve as Chairs in each local commission shall be appointed simultaneously with an Alternate Chair for each one of such Commissions. Alternate Chairs shall carry out the functions of the Chair in case of absence, disability, death, removal, or when, for any reason, a vacancy arises in said office.
No judge may be appointed as the Alternate Chair of more than three (3) local commissions, or be, at the same time, the regular Chair of a local Commission.
The local election commissions shall meet the second week of each month. The Chair and the Local Commissioners of each local commission shall receive a per diem of seventy-five dollars ($75) for every meeting. The payment of per diems for more than two (2) meetings a month shall not be authorized, except for the one hundred twenty (120)-day term preceding an election, when up to four (4) meetings a month shall be authorized. Such per diems shall have the nature of reimbursement of expenses and, therefore, will not be taxable.
The presence of the Chair and two (2) Local Commissioners shall constitute a quorum for all the works of the local commission. If a quorum cannot be constituted, the Chair shall call all the Commissioners and their alternates to a second meeting, in writing, with acknowledgment of receipt. For this second meeting, a quorum shall be constituted by the local commissioners and alternate local commissioners in attendance.
History —June 1, 2011, No. 78, § 5.002; Nov. 21, 2011, No. 230, § 8; June 17, 2014, No. 67, § 6; Dec. 22, 2014, No. 239, § 14.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4043 - Political party representatives in local commissions

Local Commissioners and Alternate Local Commissioners shall be appointed by the Commission at the request of the Election Commissioners of the political party they represent. Political party representatives shall be persons of recognized moral probity, and duly qualified voters in the election precinct to which they are appointed, but if there were more than one election precinct in a municipality, this requirement shall be met through their residence in said municipality. Furthermore, they cannot be aspirants or candidates for elective public office, with the exception of the candidacy for Municipal Legislator, nor may they wear the uniform of any military or paramilitary armed force while discharging duties as local commissioners or alternate local commissioners.
Each political party shall be entitled to have the Local Commissioner of each precinct who is an employee of the Government of Puerto Rico, or its agencies, instrumentalities, public corporations, and municipalities, assigned by the Commission upon petition to carry out full-time duties in the appropriate local commissions or to perform additional functions assigned by the Commission, such as canvass or recounts of the year in which the General Elections are held, beginning on July 1 st of the election year until the general canvass or recount is completed. The Commission may extend, by means of resolution, the scope of this provision to the holding of other election events, such as a Special Election, Plebiscites, or Referendums.
Likewise, the agencies of the Government of the Commonwealth of Puerto Rico shall grant the time required by those employees who are Local Commissioners, without charging it to any kind of leave or docking their pay, to attend meetings called by the Local Commission that have been previously notified by such employees to their employers.
History —June 1, 2011, No. 78, § 5.003; Nov. 21, 2011, No. 230, § 9; Dec. 22, 2014, No. 239, § 15.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4044 - Functions and duties of Local Election Commissions

In addition to any other functions or duties provided in this subtitle or the regulations promulgated thereunder, the local commissions shall:
(1) Instruct and train polling place and electoral unit officials.
(2) Receive, watch over, and return election material.
(3) Select polling centers with the approval of the Commission.
(4) Coordinate security in polling centers.
(5) Certify the canvass in the precinct.
(6) Supervise the Permanent Registration Board.
(7) Take action on matters before their consideration and on cases involving election-related transactions in their precinct that have been processed during the preceding month. Consideration during said meeting of cases regarding election-related transactions shall be strictly observed.
(8) Point out and correct errors and omissions in the General Voter Registry.
(9) Constitute, direct, and supervise those local sub-commissions, composed of the Alternate Local Commissioners, that shall assist the local commission; these local sub-commissions shall be empowered to handle issues delegated to them by the local commission during the holding of an election, in accordance with the regulations approved by the Commission to such effect.
History —June 1, 2011, No. 78, § 5.004.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4046 - Permanent Registration Board

The Commission shall constitute Permanent Registration Boards per precinct or municipality. Such Boards shall be composed of not more than three (3) members of the major parties or such parties that remained registered according to the results of the immediately preceding general election. If not all three major parties remained registered, the seat of the third member shall be filled by the non-major party that remains registered with the highest percentage of votes or the first party by petition that registers immediately after the preceding general election. If more than three parties remain registered, the three parties that polled the highest percentage of votes shall be entitled to be represented in the Permanent Registration Board. These Boards shall be attached to the Local Commission. The Commission shall prescribe by regulations the operating rules of these Registration Boards.
In addition to any other functions or duties provided in this subtitle or its regulations, the Permanent Registration Boards shall:
(1) Carry out an ongoing process of voter registration, transfer, and relocation.
(2) Carry out an ongoing process of taking the picture of new voters, registered voters who have not had their pictures taken, and voters who, through a sworn statement, declare that they have lost their voter identification card. This statement may be sworn before the Permanent Registration Board, provided it is duly constituted, or by any person authorized by law to administer oaths. Likewise, Permanent Registration Boards, in those cases authorized by the State Election Commission through a resolution, may take sworn statements for all necessary election-related purposes.
(3) Assign registered voters to the appropriate electoral unit as provided by the Commission through regulations.
(4) Prepare a daily report of all election-related transactions.
(5) Submit, for the approval of the local commissions concerned, a monthly report of the operations performed during the preceding month, which shall include all processed election-related transactions and daily reports as provided in subsection (4) of this section. A copy of these reports shall be sent simultaneously to the State Election Commission.
History —June 1, 2011, No. 78, § 5.006; Dec. 22, 2014, No. 239, § 16.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4047 - Representation in the Permanent Registration Board

The Members of the Permanent Registration Board shall be appointed by the Commission at the request of the Election Commissioners of the political parties entitled thereto in accordance with § 4046 of this title. Members of the Permanent Registration Board shall enjoy the trust of the parties they represent and may be dismissed by the Election Commissioner of the political parties they represent. These members shall be persons of recognized moral probity, duly qualified voters of the precinct or municipality, and high school graduates. These members cannot be aspirants or candidates for any elective public office, other than Municipal Legislator, nor may they wear the uniform of any military or paramilitary armed force while discharging duties as members of this Board. Said members shall earn the salary and be entitled to the benefits determined by the Commission through laws or regulations. Likewise, they may be hired by contract but, in such cases, the compensation to be paid shall not exceed the maximum sum fixed for a regular position of an equal or similar category.
Any person who receives a pension for age or years of service from any of the Retirement Systems of the Government of Puerto Rico may be a member of the Permanent Registration Board and be entitled to earn compensation for his/her services without affecting his/her pension. These persons shall be hired by contract, and cannot be covered under any retirement system, nor shall they receive credit for the purposes of their pension for the services rendered.
Regular or Alternate Commissioners of the Local Election Commission may be members of the Permanent Registration Board.
History —June 1, 2011, No. 78, § 5.007; Nov. 21, 2011, No. 230, § 10; Dec. 22, 2014, No. 239, § 17.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4048 - Electoral Unit Board

For the general election or special elections, an Electoral Unit Board shall be constituted in each electoral unit, which shall be composed of a coordinator representing each one of the political parties or independent candidates participating in such election. In the case of a referendum, consultation, or plebiscite, each Electoral Unit Board shall be composed of a coordinator representing each one of the political parties or organizations participating in such election and certified to such effect by the Commission.
Furthermore, political parties, independent candidates, or organizations, as the case may be, may also appoint representatives to a sub-board of coordinators for the duties consigned hereinafter. The Electoral Unit Board shall be presided by the coordinator of the party that polled the most votes for the office of Governor in the general election preceding the election event to be carried out and, in his/her absence, he/she shall be substituted by the sub-coordinator, who shall then hold the position of coordinator. In the absence of both these persons, the coordinator of the party whose candidate for Governor came in second place in the preceding general election shall preside the Board.
These Boards shall be attached to the local election commissions. The State Election Commission shall provide the operating standards of the Electoral Unit Boards through regulations.
In addition to any other functions and duties provided in this subtitle or the regulations promulgated thereunder, said Electoral Unit Boards shall:
(1) Supervise and carry out the receipt, distribution, and return to the local commission of election material from the Electoral Unit Board and from such unit’s polling places.
(2) Prepare, inspect, and supervise the unit’s polling places.
(3) Set up an easy-access polling place in the electoral unit for people with disabilities.
(4) Establish an electoral unit sub-board, composed of sub-coordinators, to provide information to voters on election day.
(5) Designate and administer the oath of the substitute polling place officials designated by the parties on election day.
(6) Keep order in the electoral unit’s polling centers.
(7) Resolve complaints or controversies at the unit’s polling places or polling centers through unanimous agreement. If unanimous agreement cannot be reached, the Electoral Unit Board shall refer said complaints or controversies to the local commission for their resolution.
(8) Certify the electoral unit’s incidence log and the tally sheet.
History —June 1, 2011, No. 78, § 5.008.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4049 - Polling Place Board

In each polling place, there shall be a Polling Place Board composed of one officially appointed Inspector, one Substitute Inspector, and one Secretary in representation of each political party or independent candidate, as well as one observer for each of the aspirants and candidates for district representative and district senator. In the case of a referendum, consultation, or plebiscite, the members of each Polling Place Board shall be appointed by the central governing bodies of the parties or organizations participating in said election and certified to such effect by the Commission.
The Commission shall provide, through regulations, all that pertains to the forms and procedures to make such appointments effective.
In case of observers, the Chair of the Commission, together with the Election Commissioner of the corresponding political party, shall be in charge of and be responsible for their accreditation. Furthermore, their functions shall be established through regulations.
History —June 1, 2011, No. 78, § 5.009; Nov. 21, 2011, No. 230, § 11.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4050 - Delegation of authority to appoint polling place officials

The central governing bodies of the political parties, independent candidates, or organizations participating in an election may delegate their authority to appoint polling place officials to one or more municipal governing bodies of such parties, independent candidates, or organizations certified to such effect by the Commission. This delegation of authority shall become effective from the time it is received in writing at the Commission, and may be revoked at any time in writing, which shall also become effective upon its receipt. The Commission shall immediately notify the appropriate Local Election Commission of any delegation or revocation received.
History —June 1, 2011, No. 78, § 5.010.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4051 - Incompatibility

Any office in the Commission, as provided in this subtitle, is hereby declared incompatible with offices in the Puerto Rico Police and any other office that, pursuant to federal laws and regulations, cannot act in such capacity. It shall be stated in the oaths sworn by officials that there is no such incompatibility.
Every official of a polling place and electoral unit who works on election day shall be subject to the same prohibitions provided in this subtitle for members of the local commissions while in the performance of their duties.
History —June 1, 2011, No. 78, § 5.011.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 405 - Voters and Registration (§§ 4061 — 4081) › § 4062 - Voters

A voter is any qualified person who has complied with all the registration requirements of the General Voter Registry. Every voter who exercises his/her right to vote shall do so in the precinct where he/she is registered. If a voter votes in a precinct other than the one where he/she is registered, only the vote cast for the offices of Governor and Resident Commissioner shall be adjudicated during the general canvass.
—June 1, 2011, No. 78, § 6.002; Nov. 21, 2011, No. 230, § 12.
History
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 405 - Voters and Registration (§§ 4061 — 4081) › § 4063 - Voter qualifications

Any citizen of the United States of America and of Puerto Rico who is legally domiciled in the Island’s jurisdiction and who, by the date of a scheduled election event, has attained the age of eighteen (18) years, is duly qualified prior to said election event, and has not been declared mentally incompetent by a court of law shall be a voter in Puerto Rico.
History —June 1, 2011, No. 78, § 6.003.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 405 - Voters and Registration (§§ 4061 — 4081) › § 4064 - Voting residence

Every voter must vote in the precinct where his domicile is established. For election-related purposes, there can be but one domicile, constituted in the precinct where the voter has established a residence, or where the housing facility where he resides is located, around which his personal and family activities revolve, or where such voter has manifested his intention to remain.
A voter shall not lose his domicile due to the fact that he has one or more residences available which are used for work or study engagements or for personal and family activities. Nevertheless, the voter shall keep access to the residence he claims to be his domicile. A person who resides permanently in a housing facility may claim said residence to be his voting residence, if it meets the condition that his main personal activities revolve around it for health or disability reasons, if he has expressed his intention to remain there indefinitely, and if he keeps access and resides therein with reasonable frequency.
History —June 1, 2011, No. 78, § 6.004; Nov. 21, 2011, No. 230, § 13; Dec. 22, 2014, No. 239, § 18.
2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 405 - Voters and Registration (§§ 4061 — 4081) › § 4065 - Disqualification from voting

Any person who is declared mentally incompetent by a court of law shall not be entitled to exercise his/her right to vote, even if he/she is a qualified voter.
History —June 1, 2011, No. 78, § 6.005.