2023 Laws of Puerto Rico › TITLE SIXTEEN - Election and Registration (§§ 1 — 4255) › Subtitle 6 - Election Code (2011) › Chapter 404 - Other Electoral Bodies (§§ 4041 — 4051) › § 4045 - Agreements of the Local Commission; appeals

The local commission’s agreements shall be approved by the unanimous vote of the Local Commissioners present when the votes are cast. Any matter submitted to its consideration which does not receive a unanimous vote shall be decided by the Chair of the Commission, who shall vote in favor of or against it. This shall be the only occasion and circumstance under which the Chair may vote. His/her decision in these cases may be appealed to the Commission by any of the Local Commissioners, and the appealed decision or agreement shall be ineffective until it is resolved.
Any appeal of a decision of the Chair of a Local Commission, with the exception of cases regarding challenged votes on the grounds of domicile, shall be filed at the same session in which the appealed decision was made and before said session is adjourned. Notice of the appeal shall be given to the Chair of said Commission, who shall immediately transmit such notice to the Office of the Secretary of the Commission. The Chair shall call the Commission to a meeting as soon as possible to resolve such appeal as provided in this subtitle.
In the case of challenges on the grounds of domicile, the individual challenged, as well as the challenger, may appeal the determination of the Local Commission before the Court of First Instance designated pursuant to Chapter 403 of this subtitle, within a term of ten (10) days. If there is a conflict because the judge of the Court of First Instance is also the Chair of the Local Commission, the appeal shall be transferred to a judge of the Court of First Instance serving as Alternate Chair. The court shall handle these cases within the terms established in § 4031 of this title.
On election day, and in the five (5) days that precede it, any appeal to a decision issued by the Chair of a Local Commission shall be made by telephone, to the appellant’s expense, or through a writ signed by the appellant. In the case of an appeal made through a writ, the appellant, or a person authorized by him/her, shall file said writ personally with the Office of the Secretary of the Commission so that the Chair and the Election Commissioners thereof may be immediately notified.
(a) The Commission shall resolve appeals within thirty (30) days following their filing with the Secretary. Within thirty (30) days before an election, the term shall be five (5) days. Any appeal that arises within five (5) days prior to an election shall be resolved the day after its filing, during the four (4) days prior to the eve of the election. Those appeals submitted at any time on the eve of an election shall be resolved not later than six (6) hours following their filing and, if submitted on the same day of the election, the Commission shall resolve them within one (1) hour after filing.
(b) If the Commission has not resolved the appeal after the prescribed term has elapsed, the appellant party may resort directly to the Court of First Instance designated pursuant to Chapter 403 of this subtitle. The court shall then resolve an appeal proceeding from a Local Commission within the same terms prescribed in this subtitle for the Commission to issue its decision.
The appeal of the decision of the Chair of a Local Commission shall be deemed to be filed with the Secretary when said official receives such appeal from any of the members of the Local Commission or from an affected party, or when he/she receives notice from the Chair of the Local Commission whose decision is being appealed, as the case may be.
(c) In no case shall a decision of a Local Commission, or an appeal of a decision issued by its Chair, or the decision issued by the Commission on such appeal, have the effect of suspending, staying, impeding, or hindering in any way the voting or canvassing in an election, or the general canvass or any other procedure, action, or matter which, pursuant to this subtitle, shall begin or take place on a specific date or at a stated time.
History —June 1, 2011, No. 78, § 5.005.