2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 402 - State Election Commission (§§ 4011 — 4025) › § 4018 - Removal from and vacancy in the Offices of Chair, Alternate Chair, and Vice Chairs

The Chair, Alternate Chair, and Vice Chairs may be removed from office for any of the following reasons:
(1) Open bias against a political party, aspirant, candidate, committee, or citizen group.
(2) Conviction of a felony.
(3) Conviction of a misdemeanor involving election-related matters, or implying moral turpitude.
(4) Gross negligence in the discharge of their duties.
(5) Partial or total and permanent disability that impairs them from discharging their duties.
Complaints regarding the aforementioned grounds for removal shall be filed with the Office of the Secretary of the Commission, and shall be referred to and addressed by a panel of three (3) judges of the Court of First Instance designated by the Chief Justice of the Supreme Court of Puerto Rico, as provided by § 4035 of this title. Any final ruling pronounced by this panel of judges may be reviewed pursuant to the process established in Chapter 403 of this subtitle.
In the event of the Chair’s absence, the First Vice Chair shall temporarily assume all the functions of such office during said absence, but in no case may said situation exceed the term of fifteen (15) business days. If such term is exceeded, the Alternate Chair shall hold the office of Chair of the Commission until the Chair returns. In case that an Alternate Chair has not been duly appointed, the First Vice Chair shall continue discharging all the administrative functions of the Chair on a temporary basis, until the Chair or an Alternate Chair takes office.
If, for any reason, a vacancy arises in the office of Chair, the Alternate Chair or, in its default, the First Vice Chair shall hold said office until a successor is appointed and takes office for the remainder of the unexpired term of his predecessor. Election Commissioners shall have a thirty (30)-day term to select a new Chair. If said period elapses and the Election Commissioners have not appointed the person who shall fill the vacancy, the Alternate Chair or, in its default, the First Vice Chair shall continue discharging his duties as Acting Chair and the Governor shall have thirty (30) days to designate a new Chair upon advice and consent of the majority of the members that constitute each legislative house. The Alternate Chair or, in its default, the First Vice Chair shall continue discharging his duties as Acting Chair until the confirmed Chair takes office.
If, within one hundred eighty (180) days prior to the holding of a general election, a vacancy arises in the office of Chair, or if the Chair were absent for the aforementioned reasons, the Alternate Chair or, in its default, the First Vice Chair shall hold such office until the general election and canvass process have concluded, or until the Chair returns to his duties.
The Alternate Chair shall not be prevented from practicing his profession or trade, except as provided in this subtitle. Should his services be needed, he may not have or maintain any relationship with any other public or private entity.
If, for any reason, a vacancy arises in any of the offices of Vice Chair, the Vice Chair who is responsible for filling such vacancy, according to the ranking order established herein, shall assume such office temporarily during such vacancy until the successor is appointed and takes office for the remainder of his/her predecessor’s term.
History —June 1, 2011, No. 78, § 3.008; Nov. 21, 2011, No. 230, § 4; June 17, 2014, No. 67, § 4; Dec. 22, 2014, No. 239, § 8.