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

The Commission shall determine, through a resolution, the electronic voting or electronic canvassing system to be used in all polling places. The voter shall have possession and control of the electronic or paper ballot or ballots on which his votes were cast until, through his direct interaction with the electronic voting or canvassing device, his votes are duly registered and his ballot or ballots are saved in an electronic or conventional ballot box. The Commission shall notify the People, within at least twelve (12) months prior to the date of a General Election, all that pertains to the electronic voting or electronic canvassing system. The Office of Management and Budget shall earmark the necessary funds to establish the electronic voting system or electronic canvassing system, as the case may be. The Commission shall establish an electronic canvassing system education and practice program in public locations, shopping centers, elderly homes, schools, universities, assemblies, conventions, and any other location coordinated through the Commission.
For a special election, the determination of which voting system to use in polling places shall be made by the Commission or by the Special Commission, as the case may be, at least sixty (60) days prior to the date of said election. In the case of a referendum, consultation, or plebiscite, action shall be taken pursuant to its enabling act, and in case no provisions are set forth therein, action shall be taken as for a special election. Any election held pursuant to this subtitle shall be held in open polls. Once the resolution establishing the electronic voting or electronic canvassing system has been approved, the Commission shall proceed, without delay, to notify so to the political parties, independent candidates, or participating organizations through their representatives. It shall also post said resolution, both in Spanish and English, in every Permanent Registration Board, as well as in every City Hall and Internal Revenue Collection Office. Likewise, it shall publish the resolution, both in Spanish and English, in not less than two (2) newspapers of general circulation, at least two (2) times within a period of thirty (30) days after the approval thereof.
The electronic voting or canvassing system approved by the Commission shall provide for a secret ballot, and shall not unduly favor or hinder any political party or candidate, or produce onerous conditions for any voter or group of voters. Likewise, it shall guarantee that the voter may vote by making any mark in the space under the printed logo or insignia of the party, or the name or emblem of a candidate or citizen group certified by the Commission. The Commission shall give the utmost respect to the voter’s clear and evident intention so that his/her vote may be counted correctly. To such effect, the voting method and ballot format, both in Spanish and English, shall be designed so as to make it simple, obvious, and free of ambiguity for the voter to know where and how to make the mark in order to select his/her candidate or party of preference. The Commission shall adopt the necessary technological instruments or methods to guarantee the highest degree of trustworthiness, validity, and security, as well as the correct interpretation of the clear and evident intention of the voter.
The Commission shall evaluate voting and canvassing systems for adoption in Puerto Rico based on the most advanced electronic and technological developments available, and file its recommendations to this effect with the Office of the Secretary of each Legislative House not later than the year following each election. All voting or canvassing systems that are tested or implemented shall make evident to the voter that his/her vote has been registered, and that the measures to perform a manual recount, if necessary, have been adopted.
History —June 1, 2011, No. 78, § 3.015; Dec. 22, 2014, No. 239, § 12.