Chile 1980 Constitution (reviewed 2021)

TRANSITORY PROVISIONS

FIRST

While the provisions that give effect to what is established in paragraph three of number 1 of article 19 of this Constitution, are enacted, the legal provisions currently in force shall continue to govern.

SECOND

While the new Mining Code is enacted, which shall regulate, among other things, the form, conditions and effects of the mining concessions to which paragraphs seven to ten of number 24 of article 19 of this Political Constitution refer, the holders of mining rights shall continue to be governed by the legislation that is in vigor at the moment in which this Constitution is enacted, acting as concessionaires.

The mining rights to which the preceding paragraph refers to, shall subsist under the new Code, but concerning their enjoyment and burdens and in what regards their extinction, the provisions of the said new Mining Code shall prevail. This new Code shall grant a term for concessionaires to comply the new requirements that are established to deserve legal protection.

In the space that mediates between the time that the new Constitutions is put into effect and that in which the new Mining Code comes into effect, the establishment of mining rights with the nature of a concession established in paragraphs seven to ten of number 24 of article 19 of this constitution, shall continue to be governed by the current legislation, as well as the concessions that are granted.

THIRD

The copper mining industry and the companies considered as such, nationalized under the requirements of what is established in the 17th transitory provision of the Political Constitution of 1925, shall continue to be governed by the constitutional norms in force at the date of the promulgation of this Constitution.

FOURTH

It will be understood that the laws currently in force on matters that under this Constitution shall be subject to constitutional organic laws or approved with qualified quorum, meet these requirements and shall continue to be applied in what they are not contrary to the Constitution, as long as the corresponding legal bodies are not enacted.

FIFTH

Notwithstanding the provisions of number 6 of article 32, the legal provisions that at the date of the promulgation of this Constitution have regulated matters not comprehended in article 63, shall remain in force, as long as they are not expressly derogated by law.

SIXTH

Notwithstanding of what is established in paragraph three of number 20 of article 19, the legal provisions that have established taxes appropriated to a particular destination, shall remain in force, as long as they are not expressly derogated.

SEVENTH

The individual pardon will always proceed in relation to the crimes to which article 9 refer, committed before the 11 of March of 1990. A copy of the respective decree shall be remitted, in confidential character, to the Senate.

EIGHTH

The norms of chapter VII “Public Ministry”, will govern at the time that the constitutional organic law of the Public Ministry comes into force. This law may establish the different dates for the entry into force of its provisions, as well as determine its gradual implementation in the diverse matters and regions of the country.

The Chapter VII “Public Ministry,” the constitutional organic law of the Public Ministry and the laws that, complementing the said norms, modify the Organic Code of Courts and the Code of Criminal Procedure, will exclusively apply to events that occur after the entry into force of such provisions.

NINTH

Notwithstanding the provisions of article 87, in the list of five and each of the lists of three that are formed to fill in for the first time the offices of National Prosecutor and regional prosecutors, the Supreme Court and the Courts of Appeals may include, respectively, one active member of the Judiciary.

TENTH

The powers granted to municipalities in article 121, relating to the modification of the organizational structure, staff and remunerations, shall be applicable when the modalities, requirements and limitations for the exercise of these new powers are regulated in the respective law.

ELEVENTH

In the year following the date of publication of the present law of constitutional amendment, those who have held the positions of President of the Republic, representative, Senator, Minister of State, intendant, governor or mayor, may not figure on the lists to integrate the Supreme Court.

TWELFTH

The term of the President of the Republic in exercise shall be of six years, and may not be re-elected for the next period.

THIRTEENTH

The Senate shall be composed uniquely of elected senators in accordance with article 49 of the Political Constitution of the Republic and the Constitutional Organic Law of Popular Elections and Ballots currently in force.

The modifications of the Constitutional Organic Law of Popular Elections and Ballots that are related to the number of senators and representatives, the existing circumscriptions and districts, and the electoral system in force, will require the affirmative vote of three-fifths of the representatives and senators in exercise.

FOURTEENTH

The replacement of the current Justices and the appointment of the new members of the Constitutional Court shall be made in accordance with the following rules:

The current Justices appointed by the President of the Republic, the Senate, the Supreme Court and the National Security Council will remain in office until the end of the period for which they were appointed or until they cease to hold office.

The replacement of the Justices appointed by the National Security Council will correspond to the President of the Republic.

The Senate shall appoint three Justices of the Constitutional Court, two directly and the third one after a previous proposal by the House of Representatives. The latter shall remain in office until the day on which the currently appointed by the Senate or who replaces him ceases in office, in accordance with paragraph seven of this article, and can be reappointed.

The current Justices of the Supreme Court, who are at the same of the Constitutional Court, shall be temporally suspended in the exercise of their positions in that Court, six months after this constitutional amendment is published and without affecting their rights as officials. They will reassume those positions at the end of the period for which they were appointed in the Constitutional Court or when they cease in this position for any reason.

The Supreme Court will nominate, in accordance with the letter c) of Article 92, the indicated lawyers in the measure that the corresponding vacancies are generated. However, the first one of them will be appointed for three years, the second one for six years and the third one for nine years. The one that has been appointed for three years may be reappointed.

If any of the current Justices not contemplated in the preceding paragraph ceased in his position, he shall be replaced by the authority indicated in the letters a) and b) of article 92, as it corresponds, and his term will last for the remainder of his predecessor’s, and is re-eligible.

The Justices appointed pursuant to this provision shall be designated before the 11 of December of 2005 and will take office on 1 of January of 2006.

FIFTEENTH

The international treaties approved by the National Congress prior to the entry into force of the present constitutional amendment, that relate to matters that according to the Constitution must be approved by the absolute majority or fourth sevenths of the Representative and senators in exercise, will be deemed to have met these requirements.

Jurisdictional disputes currently in process before the Supreme Court and those that would have been until the entry into force of the amendments to Chapter VIII, will remain rooted in that body until completely processed.

The procedures initiated, ex officio or upon request, or that are initiated in the Supreme Court to declare the inapplicability of a legal precept contrary to the Constitution, prior to the application of the amendments to Chapter VIII, shall continue to be processed under the cognizance and resolution of that Court until completely processed.

SIXTEENTH

The amendments introduced to Chapter VIII will enter into force six months after the publication of the present constitutional amendment with the exception of what is regulated in the fourteenth provision.

SEVENTEENTH

The forces of Public Order and Security shall continue being dependent of the Ministry in charge of National Defense until the new law that creates the Ministry in charge of Public Security is enacted.

EIGHTEENTH

The amendments provided for in article 57 number 2, shall take effects after the general election of parliamentarians.

NINETEENTH

Notwithstanding the amendment of Article 16 number 2 of this Constitution, the right to vote of the persons prosecuted for acts prior to the 16 of June of 2005, for crimes that merit afflictive punishment or for crimes that the law defines as terrorist behavior, shall also be suspended.

TWENTIETH

While the special courts that are alluded two in the fourth paragraph of number 16 of Article 19 are not created, the claims motivated by the ethical behavior of the professionals who are not members of professional associations, shall be heard by ordinary courts.

TWENTY-FIRST

The amendment introduced in number 10 of article 19, that establishes the obligation of the second level of transition and the duty of the State to finance a free system starting from the middle-lower education level, designed to ensure the access to it and its higher levels, will take effect gradually, in the manner provided by law.

TWENTY-SECOND

While the special statutes to which article 126 bis refers have not entered into force, the special territories of Easter Island and Juan Fernández Archipelago will continue to be governed by the common norms on political-administrative division and of government and interior administration of the State.

TWENTY-THIRD

The amendments introduced to articles 15 and 18 on voluntary voting and incorporation to the electoral register by the virtue of law will govern from the moment that the respective constitutional organic law to which the second paragraph of article 18 refers, introduced by way of these amendments, enters into force.

TWENTY-FOURTH

The State of Chile may recognize the jurisdiction of the International Criminal Court under the terms provided in the treaty adopted in the city of Rome, the 17 of July of 1998, by the Diplomatic Conference of Plenipotentiaries of the United Nations regarding the establishment of that Court.

Upon such recognition, Chile reaffirms its preferential power to exercise criminal jurisdiction in relation to the jurisdiction of the Court. The latter shall be subsidiary to the former, in the terms provided by the Rome Statute which created the International Criminal Court.

The cooperation and assistance between the competent national authorities and the International Criminal Court, as well as the judicial and administrative procedures that may take place, will be subjected to what the Chilean law established.

The jurisdiction of the International Criminal Court, under the terms provided in its Statute, shall only be exercised in respect to the crimes of its competence which began after the entry into force of the Statute of Rome in Chile.

TWENTY-FIFTH

The amendment introduced in paragraph four of article 60, will enter into force after one-hundred and eighty days from the date of publication of this law in the Official Journal.

TWENTY-SIXTH

The mandate of the regional councilors in exercise at the date of publication of this constitutional amendment, and of their respective substitutes, is extended until the 11 of March of the year 2014.

The first election by universal suffrage in direct voting of the regional councilors to which paragraph two of article 113 refers, will take place in conjunction with the elections of the President of the Republic and the Parliamentarians, the 17 of November of the year 2013.

To this effect, the adjustments to the respective constitutional organic law shall take effect before the 20 of July of the year 2013.

TWENTY-SEVENTH

Notwithstanding what is established in article 94 bis, the current councilors of the Directive Council of the Electoral Service will cease in their posts according to the terms for which they were appointed. The new councilors that it corresponds to appoint in the year 2017 will last in their posts six and eight years each, in accordance with what the President of the Republic indicates in his proposal. In both cases, the Head of State will formulate a proposition in a single act and the Senate will pronounce itself on the whole proposal.

Those who are currently in office shall not be proposed for a new period, if with that extension they exceed the total period of ten years in the performance of their duties.

TWENTY-EIGHTH

Notwithstanding the provisions of article 83 of the decree with the force of Law No. 1-19,175, of 2005, of the Ministry of the Interior, which sets the reimbursed, coordinated and systematized text of Law No. 19,175, constitutional organic law, Government and Administration Regional Act, the first election of Regional Governors will be held on May 15th and 16th, 2021.

In the event of a second vote in the terms indicated in the fifth paragraph of article 111 of the Constitution, this will be held on June 13th, 2021.

Notwithstanding the provisions of Article 99 bis of Law No. 19,175, constitutional organic on Government and Regional Administration, whose consolidated, coordinated, systematized and updated text was established by Decree with force of law No. 1-19,175, of 2005, of the Ministry of the Interior, the period of the first regional governor elected in the election indicated in the first paragraph will begin to run on July 14, 2021, in which the Regional Governor will assume his functions in accordance with the aforementioned provision and his mandate will last until on January 6th, 2025.

The disqualifications established in letters a), b), c) and d) of article 23 ter of the decree with force of law indicated in the first paragraph, will be affected to those who have had the qualities or positions affected within the period between 25 October 2019 to Election Day.

The period established in the second paragraph of article 113 may be adapted by the constitutional organic law indicated in the fourth and fifth paragraphs of article 111 so that the periods of exercise of regional governors and regional councilors coincide. This modification will require, for its approval, the favorable vote of three-fifths of the deputies and senators in office.

Once the regional governors-elect take office, the presidents of the regional councils will cease with their full rights, which will be assumed by the respective regional governor.

The elected regional governors, from the time they take office, the functions and powers that the laws expressly grant to the assistant as an executive body of the regional government. The remaining functions and powers that the laws give to the assistant are understood to refer to the corresponding regional presidential delegate. Likewise, the functions and powers that the laws give to the governor are understood to be attributed to the provincial presidential delegate.

As long as the first elected regional governors do not take office, the constitutional provisions in force prior to the publication of this constitutional amendment will apply to the positions of mayors and governors.

TWENTY-NINTH. Special rules for the election of representatives to the Mixed Constitutional Convention or Constitutional Convention

From the independent lists. For the election of the members of the Mixed Constitutional Convention or Constitutional Convention, lists of independent candidates outside the list may be presented, which will be governed by the following rules:

To declare their candidacies, independent candidates outside the list will require the sponsorship of a number of independent citizens equal to or greater than 0.2 percent of the voters who had voted in the respective electoral district in the previous periodic election of deputies, according to the general scrutiny carried out by the Election Qualifying Court, unless said percentage of voters in an electoral district is less than 300, in which case the sponsorship of 300 independent citizens will be required.

Two or more independent candidates may constitute an electoral list. This list will govern exclusively in the electoral district in which the independent candidates declare their candidacies.

The declaration of this list will be subject to the same rules as the candidacies for deputy, as applicable, which must also contain a common moto that identifies them and a program in which the main ideas or proposals related to the exercise of its constituent function will be indicated. This list will require the sponsorship of a number of independent citizens equal to or greater than 0.5 percent of the voters who had voted in the respective electoral district in the previous periodic election of deputies, in accordance with the general scrutiny carried out by the Elections Qualifying Court, unless said percentage of voters in an electoral district is less than 500, in which case the sponsorship of 500 independent citizens will be required. The sponsorships on the list will be obtained from the sum of the individual sponsorships of the candidates that comprise it.

The list will be made up of those candidates who ultimately meet the stated requirements. In everything else, the general rules will apply to the lists of independent people as if it were a list made up of a single party, also including Law No. 19,884, Transparency, Limits and Control of Electoral Expenditure act, whose consolidated text, coordinated and systematized was set by Decree with Force of Law No. 3, of 2017, of the Ministry General Secretariat of the Presidency.

The sponsorship of independent candidacies referred to in this article may be carried out through an electronic platform provided by the Electoral Service, which will be accessed after identity authentication. In this case, the sponsorship of the respective candidacy through electronic means will be understood to have been signed. Through this platform, the Electoral Service will generate the list of sponsors, in a timely manner, for the purposes of declaring the respective candidacy. This platform must comply with the necessary security standards to ensure its proper functioning.

THIRTY. Declaration of candidacies for the Convention in gender balance

In the case of declarations of candidates for the election of Constitutional Constituents, the list of a political party, electoral pacts of political parties or lists made between independent candidates, must indicate the order of precedence that the candidates will have in the certificate card for each district electoral, beginning with a woman and alternating, successively, these with men.

In each electoral district, the lists made up of an even number of candidates must have the same number of women and men. If the total number of applicants is odd, one sex cannot exceed the other in more than one. The provisions of the fifth paragraph of Article 4 of Law No. 18,700, Popular Voting and Scrutiny Act, whose consolidated, coordinated and systematized text was set by Decree with Force of Law No. 2, of 2017, of the Ministry of the General Secretariat of the Presidency, will not be applicable.

In the districts that choose three to four seats, the lists may declare up to six candidates for Constitutional Conventions, following the preceding paragraphs, and the provisions of the first paragraph of article 5 of said law shall not apply in this regard, which shall govern the rest of the districts that choose five or more seats.

Violation of any of the requirements established in the preceding paragraphs will result in the rejection of all the candidacies declared in the district by the respective political party, the electoral pact of political parties or the corresponding list of independent candidacies.

THIRTY-FIRST. Of the balance between women and men in the election of Constitutional Constituents

For the distribution and allocation of seats of Conventional Constituents the following rules will be followed:

1. The electoral system for the Constitutional Convention will be oriented to achieve equal representation of men and women. With this objective, in the districts that distribute an even number of seats, the same number of men and women should be elected, while in the districts that distribute an odd number of seats, a difference of seats greater than one cannot result, between men and women.
2. The seats that correspond preliminarily will be assigned by applying article 121 of law No. 18,700, Popular Voting and Scrutiny Act, whose consolidated, coordinated and systematized text was set by Decree with Force of Law No. 2, of 2017, of the Ministry Secretariat General of the Presidency, according to the provisions of articles 139, 140 and 141 of this Constitution.
3. In the event that the preliminary assignment complies with that indicated in numeral 1, Constitutional Constituencies elected to said candidates will be proclaimed.
4. If the preliminary assignment of Conventional Constituents elected in a district results in a proportion, between the different sexes, that is different from that indicated in number 1, the provisions of number 3) and letter d) of the number 4) of article 121 of law No. 18,700, Popular Voting and Scrutiny Act, shall not apply, and the following shall proceed:
   1. The number of men and women who must increase and decrease, respectively, in the district, shall be determined in order to obtain the minimum distribution indicated in number 1.
   2. Preliminarily assigned candidates of the overrepresented sex shall be ordered according to their individual vote from lowest to highest.
   3. Conventional Constituents shall be proclaimed to the candidacy of the underrepresented sex with the highest vote, to which the seat has not been preliminarily assigned, from the same political party, in the case of a list of the single political party or electoral pact, or to the candidacy with the highest voting of the underrepresented sex, in the case of the lists made up of independent candidacies, instead of the preliminarily assigned candidacy of lesser voting of the overrepresented sex.In the event that the seat cannot be maintained in the same party, the candidate or candidate of the most voted under-represented sex of the same list or pact will be proclaimed Conventional Constituents, instead of the least voted candidate or candidate of the over-represented sex.

   If the application of this rule does not achieve gender balance, the same procedure will be carried out, continuing with the candidacy of the next overrepresented sex on the payroll of letter b), and so on.

   No reassignment whatsoever shall proceed regarding independent citizens who are elected off the list. However, these will be considered in order to establish compliance with the parity or minimum difference between the sexes referred to in number 1.

In the event that the People choose the option of Mixed Constitutional Convention in the national plebiscite on Sunday, October 25, 2020, the rules of this transitory provision will be applicable for the election of all citizens elected by the citizenship for said Convention. Constitutional Mixed.

THIRTY-SECOND

Up to a period of two years from the publication of this reform, and due to the current COVID-19 pandemic, the House of Representatives, the Senate and the Plenary Congress, the latter for the purposes of the provisions of articles 24 and 56 bis, may operate by telematic means once a sanitary quarantine or a constitutional state of exception has been declared due to public calamity that represents a serious risk to the health or life of the inhabitants of the country or of one or more regions, which prevents them from meeting, totally or partially, and as long as this impediment subsists.

For the sessions of the chambers, the agreement of the Committees representing two-thirds of the members of the respective chamber will be required. They may meet, vote on bills and constitutional reform and exercise their exclusive powers.

The telematic procedure must ensure that the vote of the parliamentarians is personal, well-founded and cannot be delegated.

In the cases of the Plenary Congress, referred to in the first paragraph, the Presidents of both Corporations will agree on the dependency of the National Congress in which these obligations will be fulfilled, who will be able to attend those sessions in person and if they must be carried out totally or partially in a telematic form.

The account of the administrative and political state of the Nation before the Plenary Congress referred to in the third paragraph of article 24, the year 2020 will be held on July 31.

THIRTY-THIRD

The call to the national plebiscite made by the President of the Republic by means of an exempt supreme decree, in accordance with Law No. 21,200, shall be null and void.

Three days after the publication in the Official Gazette of this constitutional reform, the President of the Republic will convene, by means of an exempt supreme decree, the national plebiscite indicated in article 130, for October 25, 2020.

The agreements adopted by the National Television Council, and the claim judgments issued by the Elections Qualifying Court referred to in the sixth paragraph of article 130, which were pronounced prior to this constitutional reform, will continue in force and will be fully applicable to the national plebiscite of October 25, 2020.

The convocation of the election of the Conventional Constituents made by the President of the Republic by means of an exempt supreme decree, in accordance with the provisions of the final paragraph of article 130, shall be understood to have been carried out on May 15th and 16th, 2021.

THIRTY-FOURTH

Notwithstanding the provisions of article 106 of Law No. 18,695, constitutional organic law of Municipalities, whose consolidated, coordinated and systematized text was set by Decree with Force of Law No. 1, 2006, of the Ministry of the Interior, the next municipal election will take place as of May 15th and 16th, 2021.

The mandate of the mayors and councilors in office is extended to the date of publication of this constitutional amendment, until June 28th, 2021.

The disqualifications set forth in letters a) and b) of article 74 of the Decree with Force of Law indicated in the first paragraph will be applicable to those who have had the qualities or positions mentioned within the period from October 25, 2019 to the election day.

Notwithstanding the provisions of article 83 of the Decree with Force of Law indicated in the first paragraph, the period of mayors and councilors who are elected in the election indicated in the first paragraph shall begin to be computed on June 28th, 2021, day in which they will assume office in accordance with the aforementioned provision and their duty will last until December 6, 2024.

THIRTY-FIFTH

Notwithstanding the provisions of the third and fourth paragraphs of article 3 of Decree with Force of Law No. 1, of 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 20,640, that establishes the system of primary elections for the nomination of candidates for President of the Republic, parliamentarians, regional governors and mayors, the next primary elections for the nomination of candidates for positions of regional governor and mayor, for the purposes of the May 15th and 16th 2021 election, will take place on November 29th, 2020.

THIRTY-SIXTH

Notwithstanding the provisions of the fourth and sixth paragraphs of article 5 of Decree with Force of Law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of Law No. 18,700 , constitutional organic law, Popular Voting and Scrutiny Act; Candidates for conventional constituent, regional governor, mayor and councilor included by a political party will require not to have been affiliated with another political party in the period between October 26, 2019 until the expiration of the term to declare candidacies.

Independent candidates for constitutional convention, whether or not they are on the independent list or associated with a political party; Regional Governor, Mayor and Councilor, shall not be affiliated with a political party within the period from October 26, 2019 until the deadline to declare candidacies.

THIRTY-SEVENTH

Registrations in the Electoral Record coming from applications for accreditation of settlement pursuant to article 6, circumstances updates contained in letters a) to e) of article 13 and the modifications indicated in article 23 of Decree with Force of Law N ° 5, of 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law N ° 18,556, constitutional organic of the electoral registration system and Electoral Service, will be resumed in the date of publication of this constitutional amendment.

Notwithstanding the provisions of article 29 of the aforementioned Decree with Force of Law, the suspension of registrations, updates and modifications of the Electoral Registry will take place one-hundred and forty days before the plebiscite indicated in article 130.

For the preparation of the electoral rolls and disabled persons list referred to in Title II of the aforementioned Decree with Force of Law, the provisions of said Title and Title III shall be followed.

THIRTY-EIGHTH

Within thirty days following the publication of this constitutional amendment, the Public Senior Management Council, created by law No. 19,882, will set, once, the remuneration of the ministers of state and the deputies and senators in the terms provided in article 62, which will govern until the agreement established in article 38 bis is adopted.

Within ninety days of publication of this amendment, the aforementioned Council will determine, also for a single time, the income of the other authorities indicated in article 38 bis, the that will govern until the agreement that establishes the mentioned precept. Likewise, and in the same term, will specify the remuneration of mayors and governors, those that will govern until the day in which the regional governors.

The Public Senior Management Council will reduce the last remuneration received by the authorities already mentioned, in the percentage that your study justifies. For this purpose, it must consider the Single Scale of Salaries of the State Administration and parameters set forth in article 38 bis.

The Public Senior Management Council will have in special consideration the economic reality of the country and comparative policy analysis.

THIRTY-NINTH

Exceptionally, and to mitigate the social effects derived from the constitutional state of emergency of catastrophe due to public calamity decreed because of COVID-19, the affiliates of the private pension system governed by Decree Law No. 3,500, of 1980, are voluntarily authorized and for one time only, to withdraw up to 10 percent of the funds accumulated in its individual capitalization account from mandatory contributions, establishing as a maximum withdrawal amount the equivalent of 150 Unidades de Fomento (indexable money units) and a minimum of 35 Unidades de Fomento. In the event that 10 percent of the accumulated funds is less than 35 Unidades de Fomento, the affiliate may withdraw up to said amount. In the event that the funds accumulated in their individual capitalization account are less than 35 Unidades de Fomento, the affiliate may withdraw all of the funds accumulated in said account.

The funds withdrawn will be considered extraordinarily intangible for all legal purposes, and will not be subject to retention, discount, legal or contractual compensation, seize or any form of judicial or administrative mandamus, nor may it be reduced from the amount already decreed of economic compensation in the divorce trial, notwithstanding the debts originated by maintenance obligations.

The withdrawn funds to which this transitory provision refers will not constitute income or remuneration for any legal effect and, consequently, will be paid in full and will not be subject to any commissions or discounts by the pension fund administrators.

Members may request the withdrawal of their funds up to 365 days after the publication of this constitutional reform, regardless of the validity of the constitutional state of exception of catastrophe decreed.

The affiliates will be able to make the request for the withdrawal of funds on a platform with digital, telephone and face-to-face support provided by the pension fund managers, ensuring an efficient process without delay. The funds that in the application of this provision correspond to the affiliate, are automatically transferred to “Account 2” without administration commission or any cost to him, or to a bank account or financial institutions and compensation funds, as determined by the affiliate, in up to two installments of a maximum of 75 Unidades de Fomento each. The withdrawals made in accordance with this provision will be compatible with direct transfers, benefits, financing alternatives and, in general, the economic measures that the law or regulations establish due to COVID-19. You will not be able to consider the withdrawal of funds for the calculation of the other measures that need in the reason of the crisis or vice versa.

Any person belonging to said system, including those who are beneficiaries of an old-age, disability or survivorship pension, will be considered affiliated to the private pension system governed by Decree Law No. 3,500, of 1980.

The delivery of funds accumulated and authorized to withdraw will be made as follows:

• 50 percent within a maximum period of ten business days after the request has been submitted to the respective pension fund administrator to which the member belongs.
  
  The remaining 50 percent within a maximum period of thirty business days from the previous disbursement.

The implementation of the fund transfer system and other measures that are carried out by virtue of this provision will have no cost to members. In addition, the pension fund administrators must send to the Superintendency of Pensions all information on compliance with the measures that are carried out as a result of the application of this provision, and to the Central Bank when appropriate.

The observance, supervision and sanction of the obligations of the pension fund administrators contained in the current provision, will correspond to the competent authority within its legal powers.

FORTIETH

The constitutional amendment to article 109 will come into force once the law that introduces modifications to Law No. 18,840, Constitutional Organic Law of the Central Bank of Chile Act, which will regulate the exercise of the new power granted to the Central Bank, enters into force.

FORTY-FIRST. Special rules for the development of the national plebiscite provided in article 130

The Board of Directors of the Electoral Service shall dictate, at least forty-five days prior to the national plebiscite provided for in Article 130 of the Political Constitution of the Republic, and by means of an agreement adopted by the four-fifths of its members in office, the norms and instructions necessary for the development of the aforementioned national plebiscite, being able to establish special rules and different from those established in the decree with force of law No. 2, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized of Law No. 18,700, Constitutional Organic on Popular Voting and Scrutiny, without prejudice to the provisions of the fourth paragraph of said article 130, in the matters indicated:

1. The constitution, installation and operation of polling places.
2. The hours of operation of the voting tables, being able to extend it up to a maximum of twelve hours. Likewise, it may promote preferential voting hours to different groups of people and establish the schedule for the delivery of preliminary results from abroad.
3. The number and causes of excuse or exclusion of the members of the polling stations and members of the scrutineering colleges, as well as the way to accredit them, being able to exclude voters with health risk, according to criteria established by the health authority, to comply with these functions;
4. The maximum capacity of people inside the voting premises, according to which access to them must be controlled, as well as the distancing of voters both inside and outside said premises.
5. The establishment of the minimum necessary distance between the voting tables, their ballot boxes and secret chambers, as well as the distance between the table members, proxies and the press.
6. The determination of the characteristics and number of the secret chambers for each table receiving votes;
7. The determination of the maximum number of proxies for each plebiscite option that may be present in the actions of the electoral boards and in the electoral offices of the polling stations, in the voting and scrutiny of the polling stations, and by the scrutineering colleges;
8. The electoral tools available at the voting tables and scrutineering colleges;
9. The regulation of the type of pencil to mark the preference in the electoral cards and to sign the electoral roll of the voting table;
10. The obligation to use masks and other means of sanitary protection for voters, and those who are inside the voting premises, and
11. The issuance of a general and mandatory protocol, in agreement with the Ministry of Health, containing the health standards and procedures that must be complied with, in particular those referred to in paragraphs d), e), g) and j) above, in the actions carried out by the electoral boards, their delegates at the polling stations and their advisers, members of the polling stations and members of the scrutineering colleges. This protocol will also be mandatory for voters, proxies, members of the Armed Forces and Public Order and Security who are in charge of safeguarding public order inside and outside the voting premises, as well as for all public officials, regardless of the body on which it depends, which performs functions or fulfills electoral obligations.

In no case may the general health measures affect the holding of the plebiscite referred to in article 130, at the national, regional or community level.

The resolution of the Board of Directors of the Electoral Service indicated in the first paragraph must be published in the Official Gazette and on the website of said service, within two days from the date of its adoption. The aforementioned agreement will be credibly claimed before the Election Qualifying Court, within a period of three days from its publication. Said Court will resolve the claim within a period of ten days from its filing, and the judgment will not admit any appeal or action against it.

The advertisement referred to in article 34 of decree with force of law No. 2, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized text of law No. 18,700, Constitutional Organic Law on Popular Voting and Scrutiny Act, the Electoral Service shall include information regarding the sanitary measures taken by virtue of the rules and instructions referred to in this provision.

Special rules for the development of the elections on May 15 and 16, 2021. The municipal, regional governor and Conventional Constituent elections to be held on May 15 and 16, 2021 will be governed by the corresponding legal regulations, with the following special rules:

1. The Board of Directors of the Electoral Service shall issue the rules and instructions necessary for the development of the elections on May 15 and 16, 2021, in the terms of the first paragraph, at least twenty days before the start of the elections. them, including, in addition to the matters referred to in said subsection, the rules and instructions on the matters indicated:
   1. The constitution of polling stations, informing the Ministry of Education in the appropriate cases.
   2. The determination of preferential voting hours for different groups of people.
   3. The procedure for closing the day and sealing the ballot boxes on May 15, 2021, as well as the reopening of voting on May 16, 2021.
   4. The process of sealing and custody of the ballot boxes and electoral supplies in the polling places, after the close of business on May 15, 2021. The custody will correspond to the delegate of the Electoral Board and the Electoral Service who must coordinate for these purposes with the Ministry of the Interior and Public Security and the Ministry of National Defense for the protection and maintenance of public order and the custody of the place where the ballot boxes and electoral tools are kept, which will be done with the assistance from the Armed Forces and Carabineros de Chile. The voting booths will be sealed and reopened the following day by the members of the polling stations, without prejudice to the fact that the authorized representatives may be present at the voting table.The ballot boxes and electoral supplies, from the night of May 15 to the morning of May 16, 2021, will remain in a place of custody with special stamps, in accordance with the regulations issued by the Electoral Service.

      Likewise, the places of custody will remain closed with doors and windows with special seals in accordance with the regulations issued by the Electoral Service.

      The general proxies may remain during the night of May 15 and the morning of May 16, 2021 at the polling stations. In no case may they enter the place where the ballot boxes and electoral supplies are kept.

      The Electoral Board delegate or the person designated by him/her will keep a record of those who are in the polling place during the night of May 15 and the morning of May 16, 2021.

   5. The order of scrutiny of the vote.
2. The provisions of paragraphs three and four shall be applicable to the elections.
3. The references that the laws or other norms make to the election of April 11, 2021 or to the elections of April 10 and 11, 2021, as appropriate, shall be understood to be made to the elections of May 15 and 16 May 2021.
4. The terms indicated in the regulations applicable to municipal elections, regional governors and Conventional Constituents, as well as those indicated in the final paragraph of article 131, which must be counted from or until the day of the election, will consider the 16th May 2021 for such purposes, with the exception of those indicated in articles 55, 60 and 122 of decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of Law No. 18,700, constitutional organic on Popular Voting and Scrutiny, which will be understood to refer to May 15, 2021.
5. The persons designated as members of the polling stations shall perform these functions on May 15 and 16, 2021.
6. The bonus of the people who effectively exercise the functions of voting board member on May 15 and 16, 2021, referred to in articles 53 and 55 of decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,700, constitutional organic on Popular Voting and Scrutiny, will amount to the sum of sixty-thousand pesos. The board member who is appointed by virtue of Paragraph 8 of Title I of the aforementioned Law No. 18,700, who exercises his functions as such only one of the designated election days, will receive the bonus referred to in the first paragraph of the article 53 of said law. For its part, the board member designated in accordance with article 63 of said law will be responsible for the payment of thirty-thousand pesos for the day on which he performs his duties.
7. The bonus of the delegate of the electoral board, referred to in article 60 of decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of the law Nº 18,700, constitutional organization on Popular Voting and Scrutiny, will amount to the sum of six promotion units for all the tasks carried out on the occasion of the election held on May 15th and 16th.The Board of Directors of the Electoral Service shall dictate the norms and instructions referred to in the previous paragraphs and in the same terms established therein, setting special rules different from those established in Decree with force of law No. 2, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized text of Law No. 18,700, Constitutional Organic Law on Popular Voting and Scrutinies Act, for the electoral processes of the years 2020 and 2021, provided that at the time of issuing the agreement to which alluded to in the first paragraph, a health alert decreed by the respective authority is in force.
8. The bonus of the advisers of the delegate of the electoral board, referred to in article 60 of the decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized of Law N ° 18,700, constitutional organic on Popular Voting and Scrutinies Act, will amount to the sum of 0.6 promotion units per day for all the tasks carried out on the occasion of the election on May 15th and 16th.

FORTY-SECOND

For the implementation and transparency of the electoral propaganda and publicity of the plebiscites referred to in articles 130 and 142, without prejudice to the regulatory norms of electoral propaganda established in Paragraph 6 of Title I of the decree with force of law No. 2, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized text of Law No. 18,700, Constitutional Organic Law on Popular Voting and Scrutiny Act, the following special rules will also apply:

1. Limit on contributions for the plebiscite campaign. The total limit of the individual contributions made by affiliates and third parties to political parties, destined for the electoral campaign of the indicated plebiscites, will be five hundred promotion units, without prejudice to the provisions of article 39 of the decree with force of law N ° 4, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized text of Law N ° 18,603, Constitutional Organic Law of Political Parties.The total limit of individual contributions made by individuals to civil society organizations for the aforementioned campaigns will be five hundred promotion units. In the case of independent parliamentarians, this limit will be sixty promotion units.

   Civil society organizations, whatever their structure and denomination, excluding those that pursue profit, for the receipt of contributions and the performance of electoral propaganda will have as the only requirement to register with the Electoral Service, according to the instructions issued for this purpose.

2. Publicity of the contributions. All contributions will be public. Political parties, independent parliamentarians and civil society organizations that receive contributions within the electoral campaign period must inform the Electoral Service, within three days of the date of receipt, stating the full name and number of Identity card of the contributor, which will be published on the website of said Service and updated daily, with the exception of contributions of less than forty development units, which will only be reported, keeping the identity of the contributor confidential.
3. Electoral Spending Limit. Political parties, independent parliamentarians and civil society organizations may form commands for each of the options submitted to a plebiscite, which must register with the Electoral Service within three days of the date of publication of this constitutional reform.The electoral spending limit for all the commands or political parties will be calculated for each of the options submitted to a plebiscite and will be the one that results from multiplying 0.005 promotion units by the number of eligible voters on the date the plebiscite is called. The individual limit for each community will be determined by applying the voting proportion obtained in the last election of representatives, including independent associates. The political parties that have not participated in it will have the same limit that corresponds to the party that has obtained the least number of votes.

   If two or more parties decide to form a command, the sum of the votes obtained by the participating parties will be considered for the calculation of the specified spending limit.

   To determine the limit of electoral spending, the political parties must, within three days following the publication of this constitutional reform, register in the registry that the Electoral Service must compose for this purpose, indicating whether they will participate individually or integrating a command. Said body will carry out the respective calculations and publish the limits for electoral spending on its website and in the Official Gazette, within three days after the expiration of the previous term. Political parties may register in one or more of the plebiscite options. In this case, the limit of each option will be calculated based on the number of its representatives who adhere to one or another option.

   In the case of civil society organizations, the limit of electoral spending, for each plebiscite option, will be the result of multiplying 0.0003 promotion units by the number of eligible voters on the date of the plebiscite call.

   In the case of independent parliamentarians, the limit on electoral spending for each plebiscite option will be the equivalent to that set for the political party with the lowest spending limit authorized by the Electoral Service.

   The resolutions issued by the Electoral Service by virtue of the provisions of this numeral may be claimed before the Election Qualifying Court within a period of three days from the publication thereof. The Election Qualifying Court will summarily resolve the claim within a period of five days from the date of its respective filing.

4. Prohibition of contributions. Campaign contributions from foreign individuals or legal entities are prohibited, with the exception of those made by foreigners legally authorized to exercise the right to vote in Chile. Likewise, campaign contributions from any legal entity incorporated in Chile, with the exception of political parties, are prohibited.
5. On electoral propaganda and the principle of transparency. The dissemination of ideas carried out by any means, including digital ones, or communications through web pages, social networks, telephony and emails, made by natural persons exercising freedom of expression, shall not be understood as electoral propaganda.Radio stations and journalistic companies of the written press must send to the Electoral Service, with the frequency determined by the latter through an instruction, the identity and amounts involved of anyone who contracts electoral propaganda with said media. The information will be published on the website of said Service, which must be updated daily.

   The Director responsible for a press or radio station that violates the provisions of the preceding paragraphs will be sanctioned with a fine for fiscal benefit of ten to two hundred monthly tax units. The same sanction will be applied to the company that owns or concessionaires the respective broadcasting medium.

   In addition to the fines that proceed according to this provision, the Electoral Service must publish on its website the sanctions applied and the identity of the offenders.

6. Of electoral propaganda by digital means. Contracts entered into by political parties, independent parliamentarians or civil society organizations for the use of digital platforms must be reported by said institutions to the Electoral Service and published by it. The Electoral Service may request this information from digital media providers, who must send the Electoral Service the identity and amounts involved of anyone who hires electoral propaganda, in the manner and deadlines indicated by the Electoral Service. This information will be published on the website of said Service, which must be updated daily.
7. Of the sanctions and the procedure. Violations of what is established in numbers 1 and 3 of this transitory provision will be sanctioned with a fine of twice to four times the excess of the contribution or the electoral expense made.Violations of the provisions of number 4 will be sanctioned with a fine of twice to four times the figures unduly received. The offending legal persons will be sanctioned with a fine of twice to four times the amount illegally contributed.

   Any other violation of this transitory provision that does not have a special penalty will be sanctioned with a fine of ten to one-hundred monthly tax units.

   Knowledge of all the infractions referred to in this transitory provision will correspond to the Electoral Service, in accordance with its organic law, having to consider for the application of the sanction, among others, the criteria of gradualness, reiteration and proportionality with the amounts involved. in the offense. The resolution of the Service that imposes a sanction may be subject to reconsideration and claim resources, in subsidy, before the Election Qualifying Court, within the five days following notification of said resolution.

FORTY-THIRD. On the participation of indigenous peoples in the election of conventional constituents

In order to guarantee the representation and participation of the indigenous peoples recognized in Law No. 19,253, the Constitutional Convention will include seventeen seats reserved for indigenous peoples. The seats will only be applicable to the towns recognized in Law No. 19,253 as of the date of publication of this reform.

Indigenous persons who meet the requirements established in article 13 of this Constitution may be candidates. Candidates must prove their status as belonging to a people, through the corresponding certificate of indigenous status issued by the National Corporation for Indigenous Development. In the case of the candidacies of the Chango people, the indigenous status will be accredited by means of a sworn statement as provided in the tenth paragraph of this provision, or the application for indigenous status submitted to the National Indigenous Development Corporation. Each candidate will register to represent a single indigenous people to which they belong, within the peoples recognized by Article 1 of Law No. 19,253.

Candidates must prove that they have their electoral domicile in the following regions, according to the town to which they belong: to represent the Aymara people, in the Arica and Parinacota, Tarapacá or Antofagasta regions; to represent the Mapuche people, in the Metropolitan regions of Santiago, Coquimbo, Valparaíso, Liberator General Bernardo O’Higgins, Maule, Ñuble, Biobío, La Araucanía, Los Ríos, Los Lagos or Aysén General Carlos Ibáñez del Campo; to represent the Rapa Nui people, in the Easter Island commune; to represent the Quechua people, in the regions of Arica and Parinacota, Tarapacá or Antofagasta; to represent the Lican Antay or Atacameño people, in the Antofagasta Region; to represent the Diaguita people, in the Atacama or Coquimbo regions; to represent the Colla people, in the Atacama or Coquimbo regions; to represent the Chango people, in the regions of Antofagasta, Atacama, Coquimbo or Valparaíso; to represent the Kawashkar people, in the Magallanes and Chilean Antarctic Region; to represent the Yagán or Yámana people, in the Magallanes Region and the Chilean Antarctic.

The declarations of candidacies will be individual, and, in the case of the Mapuche, Aimara and Diaguita peoples, they must have the sponsorship of at least three communities or five indigenous associations registered with the National Corporation for Indigenous Development or a traditional chiefdom recognized in Law No. 19,253, corresponding to the same town as the candidate. Representative organizations of indigenous peoples that are not registered may also sponsor candidacies, requiring three of them. Said candidacies may also be sponsored by at least one-hundred and twenty signatures of persons who have accredited indigenous status from the same people as sponsored, as provided in the tenth paragraph of this provision. In the other towns, the patronage of a single community, registered association or non-registered indigenous organization will suffice; or, of at least sixty signatures of persons who have accredited the indigenous quality of the same town of the sponsored one, according to the provisions of the tenth paragraph of this provision.

The sponsorship must be endorsed by means of an act of the sponsoring assembly called for that purpose, authorized before any of the following ministers of faith: notaries, municipal secretaries or the official to whom they delegate this function, official of the Civil Registry and Identification Service, National Corporation of Indigenous Development, or directly before the Electoral Service, in person or with a unique password. Each sponsoring organization may only sponsor one application.

The sponsorship of candidacies through signatures, referred to in this provision, may be carried out through an electronic platform provided by the Electoral Service, which will be accessed after authentication of identity. In this case, the sponsorship of the respective candidacy through electronic means will be understood to have been signed. Through this platform, the Electoral Service will generate the list of sponsors, in a timely manner, for the purposes of declaring the respective candidacy. This platform must comply with the necessary security standards to ensure its proper functioning.

For the purposes of guaranteeing parity, each declaration of candidacy must be registered designating an alternative joint candidacy of the opposite sex, and that meets the same requirements of the candidate that it must eventually substitute for reasons of parity.

Different electoral cards will be drawn up for each of the indigenous peoples recognized in Article 1 of Law No. 19,253. The card will be printed with the words “Conventional Constituents and Alternative Joint Candidates of Indigenous Peoples”. The indigenous people to which it corresponds will be indicated below. The names of all the candidates of the respective indigenous people will appear on each card. Following the names, and on the same line, the name of the respective alternative joint candidate and the region where the electoral domicile of the incumbent candidate is located will appear in parentheses. The names of the candidates will appear first ordered by region and, within this, in alphabetical order of surnames, starting with women and alternating between men and women.

For the purposes of ordering the process, the Electoral Service will identify the indigenous voters and the people to which they belong, in the register referred to in article 33 of Law No. 18,556, constitutional organic on the Electoral Registration System and Electoral Service, whose consolidated, coordinated and systematized text was established by decree with force of law No. 5, of the Ministry General Secretariat of the Presidency, of 2017, on the basis of the following information available in the State: a) list of those persons who are included in the National Registry of Indigenous Qualities; b) administrative data that contain the obvious Mapuche surnames, in accordance with the provisions of the respective exempt resolution of the Director of the National Corporation for Indigenous Development; c) list of indigenous surnames of applicants to the Indigenous Scholarship Program (elementary, middle and higher education) since 1993; d) Special Indigenous Registry for the election of indigenous councilors of the National Indigenous Development Corporation; e) Registry of Indigenous Communities and Associations; f) Registration for the election of commissioners of the Easter Island Development Commission. Said list must be published electronically by the Electoral Service up to eighty days before the election. In the cases of letters a), c), d), e) and f), the information must be delivered by the National Corporation for Indigenous Development to the Electoral Service within the terms determined by the latter; In the case of letter b), the information must be delivered by the Civil Registry and Identification Service, in the same terms.

The following may vote indistinctly for the candidates for general conventions of their district or indigenous candidates or candidates of their own town: a) the citizens identified by the Electoral Service as indigenous voters in accordance with the preceding paragraph; b) Citizens who, not appearing on said list, identify themselves as indigenous voters prior to the day of the election, obtaining an authorization from the Electoral Service for: 1.- proving their status as indigenous through a certificate from the National Development Corporation Indigenous who demonstrates their quality as such, or 2.- a sworn statement, prepared by the Electoral Service, where it is expressly indicated that the person declares that they meet any of the conditions established by law No. 19,253 to obtain indigenous status, granted before the following ministers of faith: notaries, municipal secretaries or the official to whom they delegate this function, official of the Civil Registry and Identification Service, National Indigenous Development Corporation, or directly before the Electoral Service, by in person or with a password only. The sworn statements may be delivered to the Electoral Service until the forty-fifth day before the election by the interested party, or the information thereof must be submitted to the Electoral Service by the other entities indicated in this subsection. The subsequent accreditation will not proceed in the case of the voters corresponding to the Rapa Nui people.

Each voter found in any of the cases indicated in the letters established in the preceding paragraph, may vote only for one candidate from the town to which he belongs, regardless of her domicile.

This register will not be binding on the number of seats to be elected, nor will it have purposes other than the mere fact of allowing the vote for indigenous peoples’ candidates, within the framework of the election process for conventional constituents.

The municipalities and the National Corporation for Indigenous Development may allocate resources and logistical means to facilitate the dissemination and registration of indigenous voters.

The seventeen seats reserved for indigenous peoples contemplated in this provision shall be determined by the Electoral Service, within the one-hundred and fifty-five seats to be elected by virtue of the electoral districts established in article 141 of this Constitution. For these purposes, the Electoral Service must deduct said seats from the electoral districts with greater proportionality of people over 18 years of age declared indigenous with respect to their general population in the last Census of 2017, until completing the number of seats established in this provision. However, only one seat per district may be discounted, and no seat will be discounted with respect to the electoral districts that elect three conventional ones. For this discount, the National Institute of Statistics must deliver to the Electoral Service the information regarding the total number of persons over 18 years of age who declared themselves indigenous in the last Census in each district.

The Electoral Service must determine within a period of five days from the publication of this reform the seats that correspond by virtue of the previous paragraph.

The elections of the indigenous representatives for the Constitutional Convention will be in a single district throughout the country. The allocation of seats will be carried out as follows:

The candidate with the most votes corresponding to the Mapuche people and whose electoral domicile is in the Metropolitan Region of Santiago, or in the regions of Coquimbo, Valparaíso, Liberator General Bernardo O’Higgins or Maule, will be preliminarily elected. Then, the four most voted candidates that correspond to the Mapuche people and that have their electoral domicile in the Ñuble, Biobío or La Araucanía regions will be preliminarily elected. Next, the two most voted candidates corresponding to the Mapuche people and having their electoral domicile in the Los Ríos, Los Lagos or Aysén regions of General Carlos Ibáñez del Campo will be preliminarily elected.

In addition, the two most voted candidates corresponding to the Aymara people will be preliminarily elected.

For the other towns, one or one Conventional Constituent will be preliminarily elected, corresponding to the most voted candidate for each one of them.

Parity between men and women will be guaranteed in the final allocation of seats for conventional constituents representing indigenous peoples, as indicated below:

In the case of the Mapuche people, if once the candidates have been preliminarily assigned, those of one sex outnumber the other by more than one seat, the substitution by the respective alternative equal candidacy will operate as follows: the candidacy of the overrepresented sex with the lowest vote he will yield his seat to his alternative joint candidacy. This process will be repeated as many times as necessary, until neither sex surpasses the other in one seat.

In the case of the Aymara people, if the candidates elected with the first majorities were of the same sex, the least voted candidate of those preliminarily elected will be substituted following the same mechanism indicated in the previous paragraph.

In the case of the other towns, which will each have only one seat, if added to their seats in the final result, gender balance is not achieved, it must be corrected by substituting the least voted candidate (s) of the overrepresented sex by their alternative equal candidacy until gender balance is achieved.

For the purposes of the preceding paragraphs, the least voted candidacy will be understood as the one that is lower in relation to the number of votes obtained and the total number of voters of the corresponding town.

In everything else, the common rules applicable to the constituent conventions will apply.

FORTY-FOURTH

Notwithstanding to provisions of article 131, for the purposes of article 32 of decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of law No. 18,700, constitutional organic on Popular Votes and Scrutinies, the total time of the television advertising in the elections of Conventional Constituents will be distributed among the candidates of indigenous peoples, the independent candidates and the candidates of a political party or pact, in the way that is indicated below.

In order to ensure the informed voting of indigenous peoples, there will be an indigenous electoral advertising that will have a total duration equivalent to thirteen percent of the duration established for the advertising of Conventional Constituents belonging to the general election, distributed proportionally among the various peoples.

The time of the advertising will be distributed in the manner provided in the fourth paragraph of article 32 of decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which establishes a consolidated, coordinated and systematized text of law No. 18,700, constitutional organization on Popular Voting and Scrutiny. Likewise, for independent candidates in a list of independent candidates or outside of it, additional time will be considered to that contemplated in the first paragraph of article 32 of the aforementioned law for the television slot, excluding independent candidates who are part of political party lists, which will be determined as follows:

1. A second will be determined for each independent candidate on or outside the list of independent candidates, distributed to each candidate in equal parts.
2. Independent candidates, whether they are registered on the list of independent candidates or outside of them, may assign the time that corresponds to a list of independent candidates. The National Television Council will establish the way in which it will be informed of the joint use of time in the electoral window by the lists of independent candidates, as indicated in this literal. This information must be delivered no later than 00:00 hours on the fourth day prior to the start of the electoral advertising.

FORTY-FIFTH

There will be an additional reimbursement of electoral expenses for candidates for seats reserved for indigenous peoples, consisting of 0.01 promotion units for each vote obtained, in application of the norms contained in article 15 of Law No. 19,884, constitutional organic on Transparency, Limit and Control of Electoral Spending Act, whose consolidated, coordinated and systematized text was established by decree with force of law No. 3, of the Ministry General Secretariat of the Presidency, of 2017. The entire reimbursement of electoral expenses will always correspond to the candidate or titular candidate.

FORTY-SIXTH

Of the participation of the Rapa Nui people in the election of conventional constituents.

In order to guarantee the representation and participation of the Rapa Nui people in the Constitutional Convention, in accordance with the provisions of the forty-third transitory provision, only people who have the indigenous quality of said people accredited in the National Registry of Indigenous Qualities of the National Corporation for Indigenous Development or in the Registry for the election of commissioners of the Development Commission of Easter Island may vote.

Indigenous persons who meet the requirements established in Article 13 of this Constitution may be candidates. Additionally, they must prove their status as belonging to the Rapa Nui people, through the corresponding certificate of indigenous quality issued by the National Corporation for Indigenous Development or their membership in the Registry for the election of commissioners of the Development Commission of the Island of Pascua, and its address in the commune of Isla de Pascua.

Regarding the additional reimbursement of electoral expenses for the candidates for conventional Rapa Nui, the provisions of the preceding forty-fifth transitory provision shall apply.

FORTY-SEVENTH. On the participation of people with disabilities in the election of Conventional Constituents

In order to protect and promote the participation of people with disabilities in the elections of the Conventional Constituents to draft the new Political Constitution, of all the declarations of candidacies of the lists made up of a single political party or electoral pacts of political parties, a minimum percentage of five percent of the respective total of candidacies for people with disabilities will be established. To calculate this quotient, this percentage will be approximated to the upper integer.

For the purposes of what is indicated in the previous paragraph, the candidates must have the qualification and certification indicated in article 13 of Law No. 20,422, on the date of presentation of their candidacies. The Civil Registry and Identification Service or, where appropriate, the Preventive Medicine and Disability Commissions, dependent on the Ministry of Health, must provide the Electoral Service with duly updated data of certified disabled people, within a period of fifteen days runs from the publication of this standard. Said information must be updated until the date of submission of the candidatures.

Likewise, the disability may be accredited through the capacity of assignee of the disability pension of any pension scheme, on the date of presentation of candidatures, in accordance with the records available in the National System of Information on Safety and Health at Work of the Superintendency of Social Security, which must provide the Electoral Service with the data of the assignees within the term provided in the previous paragraph.

Violation of the provisions of the preceding paragraphs will lead to the rejection of all candidacies declared to the Constitutional Convention of the respective parties or electoral pacts that have not met these requirements. In case of rejection, said infraction may be corrected before the Electoral Service within four business days following the date of notification of the resolution on acceptance or rejection of the candidatures, according to the provisions of article 19 of the decree with force of law. No. 2, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized text of Law No. 18,700, Constitutional Organic Law on Popular Voting and Scrutiny. Notwithstanding the foregoing, a claim will proceed under the terms of article 20 of the same legal body.

In all the rest, the forty-third transitory provision shall govern, as applicable, and the common rules relative to the constituent conventions.

FORTY-EIGHTH

The declarations of independent candidacies, whether or not they have been declared by a political party, to the office of mayor or regional governor, which have been rejected by a judicial ruling of the Election Qualifying Court, based on the breach of the requirement established in the thirty-sixth transitory provision of this Constitution, they must be registered by the corresponding regional director of the Electoral Service, in the Special Registry of Candidacies referred to in article 116 of Decree with force of law No. 1, of 2006, of the Ministry of the Interior, which sets the Consolidated, coordinated and systematized text of Law No. 18,695, constitutional organic of Municipalities, and Article 93 of Decree with force of law No. 1, of 2005, of the Ministry of the Interior, which establishes the consolidated, coordinated and systematized text of the law Nº 19,175, constitutional organic of Government and Regional Administration, as appropriate. Said registration must be made within the two days following the date of publication of this constitutional reform. No legal action, recourse or claim will proceed against this registration.

The regional directorates of the Electoral Service must notify the candidates of their registration, within the same period indicated in the previous paragraph, via email.

FORTY-NINTH

Due to the postponement of the next municipal elections, of regional governors and of Conventional Constituents, the following norms will be applied, as appropriate:

1. Electoral campaign contemplated in the regulations applicable to municipal elections, of regional governors and of Conventional Constituents, shall be suspended, as appropriate, from 24 hours on the day of publication of this constitutional reform and until 24 hours on April 28 of 2021, campaign that will resume on April 29, 2021 until Thursday, May 13, 2021, inclusive.Notwithstanding what is stated in the preceding paragraph, the following rules will be applicable to electoral propaganda:
   1. Electoral propaganda may not be carried out during the suspension period indicated in the preceding paragraph, in the terms indicated in articles 31 and 35 of Law No. 18,700, constitutional organic law on Popular Voting and Scrutiny, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, with the exception of that established in article 36 of said law, provided that it is installed and informed to the Electoral Service on the date of publication of this reform.During the suspension period, paid advertising may not be carried out in social media, digital platforms, social networks, applications and internet applications.
   2. The transmission of the electoral propaganda of candidates for Constituent Conventionality referred to in article 32 of Law No. 18,700, constitutional organic law on Popular Votes and Scrutinies, will be suspended on the day of publication of this constitutional reform, if that day is prior to April 8, 2021. If as a result of the aforementioned suspension there is a remaining number of days to complete the days of transmission referred to in the seventh paragraph of said article 32, the free reception television channels must allocate a number equivalent of days to the remainder, to transmit the electoral propaganda of the Constituent Conventional candidates, up to and including the third day prior to the election, and under the same terms as those used for broadcasts suspended by virtue of this literal.
   3. For the purposes of the provisions of Article 34 of Law No. 18,700, constitutional organization on Popular Voting and Scrutiny, it will be understood that the term is between February 10, 2021 and until May 13, 2021.During the period between April 8 and May 13, the Electoral Service, through the channels belonging to the National Television Association, must report on the process of changing the elections and their new calendar.
3. In relation to the norms of Law N ° 19,884, constitutional organic on Transparency, Limit and Control of Electoral Spending, whose consolidated, coordinated and systematized text was established by decree with force of law N ° 3, of 2017, of the Ministry General Secretariat of the Presidency, during the period of suspension of the electoral campaign indicated in numeral 1, only the electoral expenses indicated in subparagraphs c), d) and f) of the second paragraph of article 2 of said law may be made, excluding those that are related to the provisions of Article 38 of Law No. 18,700, constitutional organic on Popular Votes and Scrutinies, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 2, of 2017, of the Ministry Secretariat General of the Presidency.
4. Only those who are authorized according to the Electoral Register used for each election, according to the rule indicated below, may exercise their right to vote. Without prejudice to the provisions of Title II “On the Electoral Register and its Audit” of Law No. 18,556, constitutional organic on the System of Electoral Registrations and Electoral Service, whose consolidated, coordinated and systematized text was established by the decree with the force of Act No. 5, of 2017, of the Ministry General Secretariat of the Presidency, the Electoral Register will be used with a definitive character prepared by the Electoral Service for the election that would originally be held on April 10 and 11, 2021.In order to encourage the participation of the electorate, the inscriptions, updates and modifications of the Electoral Registry will be resumed, in the case of the primary elections of 2021, the day after the elections of Conventional Constituents, regional governors and municipal authorities, and until the sixtieth day prior to said primary elections. In the case of the 2021 presidential, parliamentary and regional councilor elections, this resumption will take place as of the day following the elections for Conventional Constituents, regional governors and municipal authorities and will be suspended one-hundred and forty days prior to the general elections before indicated.
5. The agreements, minutes, resolutions or administrative acts of the competent bodies that were issued or published prior to this constitutional reform, by virtue of the regulations applicable to municipal elections, regional governors and Conventional Constituents, will continue in force and They will be fully applicable to the elections that take place on May 15 and 16, 2021, except those that by virtue of this provision are modified, in the sense indicated.
6. Notwithstanding provisions of the second paragraph of Article 3 of Law No. 20,640, which establishes the system of primary elections for the nomination of candidates for President of the Republic, parliamentarians, regional governors and mayors, whose consolidated text, coordinated and systematized was established by the decree with force of law No. 1, of 2017, of the Ministry General Secretariat of the Presidency, for the only time, the primary election referred to in this article will be held on July 18, 2021 .
7. Unpaid leave requested by candidates who are public officials, who are on a permanent basis, contract, fees or Labor Code, will be understood to be extended until May 17, unless the worker wishes to the contrary.For the purposes of the provisions of Articles 156 and 157 of Law No. 10,336, on Organization and Powers of the Office of the Comptroller General of the Republic, whose coordinated, systematized and consolidated text was established by Decree No. 2,421, of 1964, of the Ministry of the Treasury, it will be understood that the thirty-day terms referred to in said articles will run from March 12, 2021 until the day of the election.

   The candidate who is making use of a legal holiday that expires before May 15, 2021 may request, before its term, the leave without remuneration in the terms indicated in the first paragraph.

   However, the candidates who are public officials and who, on the date of publication of this reform, are making use of their legal holiday, may suspend it, without expression of cause, resuming their work in their places of work, from the day after this constitutional reform is published. The balance of legal holidays that was computed in their favor may be used again, as of April 29, 2021, once the campaign period resumes.

   Private sector employers whose workers have requested to postpone leave without pay may not reject the request. In no case may this postponement be invoked as a basis for dismissal.

8. The publication referred to in the first paragraph of article 30 of Law No. 18,700, constitutional organic on Popular Votes and Scrutinies Act, whose consolidated, coordinated and systematized text was established by decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, it will be done only once for the elections regulated in this constitutional reform, on the date established by the Electoral Service.

FIFTIETH

Without prejudice to the provisions of article 65, fourth paragraph, number 6, exceptionally, and to mitigate the social effects derived from the constitutional state of exception of catastrophe due to public calamity decreed because of COVID-19, the affiliates of the private system are authorized of pensions governed by Decree Law No. 3,500, of 1980, to voluntarily and exceptionally make a new withdrawal of up to 10 percent of the funds accumulated in their individual capitalization account of mandatory contributions, establishing as the maximum withdrawal amount the equivalent of 150 development units and a minimum of 35 development units.

In the event that 10 percent of the accumulated funds is less than 35 units of development, the affiliate may withdraw up to said amount. In the event that the funds accumulated in their individual capitalization account are less than 35 units of promotion, the affiliate may withdraw all of the funds accumulated in said account.

The funds withdrawn will be considered extraordinarily intangible for all legal purposes, and will not be subject to retention, discount, legal or contractual compensation, embargo or any form of judicial or administrative affectation, nor may it be reduced from the amount already decreed of economic compensation in a divorce trial, without prejudice to the right of legal subrogation of the alimony or its representative and the retention, suspension and seizure of debts originated by maintenance obligations in accordance with the provisions of Law No. 21,254.

In order to demand the payment of debts originated by maintenance obligations, the maintenance creditor, personally or through his legal representative or guardian ad litem, will be understood to be subrogated, by the sole ministry of the law, in the rights of the obligor debtor, to make the request for withdrawal of pension funds accumulated in your individual capitalization account of mandatory contributions governed by Decree Law No. 3,500, of 1980, which allows this reform, Law No. 21,295 and Law No. 21,248, up to the entirety of the debt. In the event that there are several alimonies in different causes and the funds authorized to withdraw are not sufficient for the payment of each alimony debt, the court that hears the oldest cause in force in which withholding was decreed must prorate, to determine the Amount of each maintenance debt that will be paid with the fund withdrawn by subrogation of the obligor member or voluntarily. If the maintenance debts are lower than the fund that this article authorizes to withdraw, the affiliate will not lose his right with respect to the remainder.

The pension fund administrators, within three business days, must inform the courts of the email (s) that the affiliates have registered with said institutions to request the withdrawal of pension funds authorized by this Constitution. The court must notify the member by e-mail of all resolutions issued in the case, within three business days from when such request was made. For all legal purposes, this notification will be understood to have been made on the same day it is dispatched. The delivery of the funds withheld for maintenance debts will be made within the following ten business days counted from the expiration of the term that the obligor has to oppose the settlement; or, if there has been opposition, since the resolution that is pronounced on it is firm and enforceable. In the event that the total debt exceeds the maximum amount of withdrawal allowed, the subrogation will be authorized up to that amount. Once the subrogation is authorized, the judge, ex officio, must settle the debt, prorate it if necessary, and indicate the data of the bank account that it has determined or determines for the purpose of paying the withdrawal. Once the liquidation has been executed and its apportionment, if applicable, the food or whoever represents it may go directly to the respective pension fund administrator, which must accept the withdrawal request with the sole display of a simple copy of the sentence that authorizes the subrogation and the liquidation of the credit, and the certificate that had it as executed.

Notwithstanding the provisions of the preceding paragraph, the resolution ordering the payment with funds accumulated in the individual capitalization account of mandatory contributions of the obligor for the withdrawal amounts authorized by both this reform and by law No. 21,248, which are withheld by court order, in accordance with the provisions of the aforementioned legal texts, must indicate the specific amount that orders to pay for alimony accrued and owed, identify the bank account to which the pension fund administrator must make the transfer, and expressly indicate the term in which the aforementioned administrator must proceed with the payment. Likewise, said resolution will include the order to raise the respective withholding measure with respect to the amounts withheld that exceed the amount for which the payment is ordered, with further indication that said lift does not start with respect to other withholding orders that may exist. been decreed in other cases on the same amounts of individual capitalization of mandatory contributions of the obligor.

The court will order that the resolution providing for the payment be notified to the respective pension fund administrator in the shortest time and by electronic means. For its part, the resolution will be understood to be notified to the parties of the process as soon as it is included in the electronic daily statement available on the website of the Judiciary, in accordance with article 50 of the Code of Civil Procedure.

The pension fund administrator must make the transfer to the bank account indicated in the resolution within a period of no more than ten business days, counted from the date it is notified.

If two or more withholding orders have been issued with respect to the funds accumulated in the individual capitalization account of mandatory contributions for the withdrawal amounts authorized by both this reform and by Law No. 21,248, and said funds are not sufficient for payment of each food debt, they will concur on this amount in the same proportion of each credit on the total sum of the debts. For this, the judge of each case may order, without distinction, the payment of each credit up to the amount corresponding to the respective proportion. For this, he must always consult in advance about the amounts of the other debts to the courts that have issued the other withholding orders and will record said antecedents and the calculation of the proportion in the resolution ordering payment. Likewise, it must expressly indicate in it that the lifting of the respective withholding measure with respect to the amounts withheld that exceed the amount for which payment is ordered does not start with respect to the other withholding orders that have been decreed in other causes with respect to the same amounts of individual capitalization of mandatory contributions of the obligor.

The withdrawn funds to which this transitory provision refers will not constitute income or remuneration for any legal effect and, consequently, will be paid in full and will not be subject to any commissions or discounts by the pension fund administrators. Members may request this withdrawal of their funds up to 365 days after the publication of this reform, regardless of the validity of the constitutional state of emergency of catastrophe decreed.

The affiliates will be able to make the request for this withdrawal of funds on a platform with digital, telephone and face-to-face support provided by the pension fund administrators, ensuring an efficient process without delays. The funds that in application of this provision correspond to the affiliate will be automatically transferred to “Account 2” without administration or insurance commission or any cost to him, or to a bank account or financial institutions and compensation funds, as determined the affiliate. Withdrawals made in accordance with this provision will be compatible with direct transfers, benefits, financing alternatives and, in general, the economic measures that the law or regulations establish due to COVID-19. The withdrawal of funds may not be considered for the calculation of the other measures adopted due to the crisis or vice versa. Any person who belongs to said system, including those who are beneficiaries of an old-age, disability or survivorship pension, will be considered affiliated to the private pension system governed by Decree Law No. 3,500, of 1980. The funds accumulated and authorized to be withdrawn will be delivered within a maximum period of fifteen business days, counted from the presentation of the request to the respective pension fund administrator. The implementation of the fund transfer system and other measures that are carried out by virtue of this provision will have no cost for the affiliates. In addition, the pension fund administrators must send to the Superintendency of Pensions, and to the Central Bank when appropriate, any information on compliance with the measures that are carried out as a result of the application of this provision. The observance, supervision and sanction of the obligations of the pension fund administrators contained in this provision will correspond to the competent authority within its legal attributions.

As of the publication in the Official Gazette of this reform and up to the following 365 days, pensioners or their life annuity beneficiaries may, once and voluntarily, advance the payment of their annuities up to an equivalent amount to ten percent of the value corresponding to the technical reserve that the pensioner maintains in the respective insurance company to cover the payment of their pensions, with a maximum limit of one-hundred and fifty development units.

The withdrawal made by pensioners or their beneficiaries who choose to request it, will be charged to the monthly amount of their future life annuities, pro rata, in proportion and in the same percentage as that representing the amount effectively withdrawn.

The rules regarding the intangibility and nature of these resources, the processing of the application, the payment of unpaid alimony pensions and the informing of the corresponding authorities, including the Financial Market Commission, contained in the preceding paragraphs of this provision, will be applicable to requests for advances made by pensioners or their beneficiaries for life annuities. However, the payment of the requested funds will be made to the pensioner or the beneficiaries of it within a maximum period of thirty calendar days, counted from the receipt of the request. The Commission for the Financial Market shall issue the necessary instructions for the application of the preceding paragraphs.

The application procedure, the exemption from all types of levies and taxes and the other regulations, which do not oppose this article, shall be adjusted to the provisions of the thirty-ninth transitory provision of this Constitution. The procedure to demand the payment of debts originated by maintenance obligations will be subject to the law.

Persons whose income or remuneration is regulated in accordance with the provisions of article 38 bis of this Constitution, with the exception of paid workers, shall be prevented from requesting the retirement referred to in this provision. For purposes of verifying the above, at the time of making the request, the member must submit to the respective pension fund administrator a simple sworn statement in which he realizes that he is not in the situation described.

Those who have exercised the right established in this provision may increase by one percentage point the mandatory contribution indicated in article 17 of Decree Law No. 3,500, of 1980, to 11 percent of their remuneration and taxable income, for a minimum period of one year from the month following the one in which they communicate the decision to the pension fund manager to which they are affiliated, and up to the term they deem pertinent, and they must also notify the manager of their decision to reverse the increase in the contribution . This additional contribution will be governed by all the provisions applicable to the mandatory legal contribution.

Notwithstanding the foregoing, those who have exercised the right to withdrawal established in this provision, may receive a tax contribution to the individual account for each year in which the pension is postponed. The amount of the tax contribution established in this subsection and the way it will be received will be determined in a qualified quorum statute.