SECTION XVII. Electoral Justice
Chapter I
Article 322
There shall be an Electoral Court which shall have the following powers in addition to those established in Section III or which may be prescribed by law:
- To act in all matters relating to electoral acts or procedures;
- To exercise directive, disciplinary, advisory, and economic supervision over electoral organs;
- To render final decision on all appeals and claims that may arise and act as judge of the elections to all elective offices, and of plebiscites and referendums.
Article 323
In budgetary and financial matters, the provisions of Section XIV shall apply.
Article 324
The Electoral Court shall be composed of nine titular [members] and twice as many alternates [suplentes]. Five members and their alternates shall be appointed by the General Assembly in a meeting of both Chambers by two thirds vote of the total of its membership, and they must be citizens who, by their position in the political scene, are a guarantee of impartiality.
The four remaining members, representatives of the parties, shall be elected by the General Assembly through the system of double simultaneous vote in agreement with a system of proportional representation.
Article 325
The members of the Electoral Court may not be candidates for any office requiring election by the people, unless they resign and terminate their functions at least six months before the date of the election.
Article 326
The resolutions of the Electoral Court shall be adopted by a majority vote and to be valid must have the affirmative vote of at least three of the five members to which paragraph 1 of Article 324 refers, unless they are adopted by a two-thirds vote of the full membership.
Article 327
The Electoral Court may annul the elections in whole or in part, this step requiring an affirmative vote of six members, three of whom must be members elected by the two-thirds vote of the General Assembly.
In such event it must call for a new election-in whole or in part-which shall take place on the second Sunday following the date of nullification.
Article 328
The Executive Committee shall communicate directly with the Public Powers.
SECTION XIX. The Observance of Former Laws. Enforcement and Amendment of the Present Constitution
Chapter I
Article 329
There are hereby declared to be in full force and effect the laws which up to the present time have governed in all matters and points which are not directly in conflict with this Constitution or with the laws issued by the Legislative Power.
Chapter II
Article 330
Any person who attacks or who is instrumental in attacking the present Constitution, following its sanction and publication, shall be regarded, tried, and punished as guilty of treason.
Chapter III
Article 331
The present Constitution may be amended, in whole or in part, in accordance with the following procedures:
- Upon the initiative of ten percent of the citizens inscribed in the National Civil Register, by presenting a detailed proposal which shall be referred to the President of the General Assembly, to be submitted for popular decision at the next election.The General Assembly, meeting in joint session, may take substitute proposals which shall be submitted to plebiscitary decision together with the popular initiative.
- By proposal of amendment approved by two-fifths of the full membership of the General Assembly, presented to the President thereof, and submitted to plebiscite at the next ensuing election.For an affirmative result in the methods outlined in paragraphs (a) and (b), a “yes” vote of an absolute majority of the citizens participating in the elections shall be required, and this majority must represent at least thirty-five percent of all persons inscribed in National Civil Register.
- The Senators, Representatives, and the Executive Power may present proposed amendments which must be approved by an absolute majority of the full membership of the General Assembly.A proposal which is rejected may not be renewed until the succeeding legislative period, and the same formalities must be observed.Upon the approval of a proposal and its promulgation by the President of the General Assembly, the Executive Power, within ninety days thereafter, shall call for the election of a National Constituent Convention, which shall consider and decide upon approved proposals for amendment as well as upon any other proposals that may be presented to the Convention. The number of members of the Convention shall be double the number of Legislators. Twice as many alternates shall be elected at the same time. The conditions for eligibility and the immunities and incompatibilities shall be the same as for Representatives.
The election by departmental lists shall be governed by the system of integral proportional representation and in accordance with laws in force for the election of Representatives. The Convention shall meet within one year from the date of promulgation of the proposal of amendment.
The decisions of the Convention must be taken by an absolute majority of the whole number of members of the Convention and the work of the Convention must be terminated within one year from the date of its commencement. The proposal or proposals drawn up by the Convention shall be communicated to the Executive Power for immediate and full publication.
The proposal or proposals drawn up by the Convention must be ratified by the body electorate convoked for the purpose by the Executive Power, on the date to be fixed by the National Constituent Convention.
Voting shall be by “yes” or “no” and if there are several texts of amendment, it shall be separate for each of them. For this purpose the Constituent Convention shall group together those amendments which by their nature require that they be voted on as a unit. One-third of the members of the Convention may require separate voting on one or several texts. An amendment or amendments must be approved by a majority of votes, which shall not be less than thirty-five percent of the citizens inscribed in the National Civil Register.
In the cases contemplated by paragraphs (a) and (b), there shall be submitted for ratification by plebiscite at the same time as the next elections only those proposals which have been presented at least six months before the date of such elections, or in the first of these cases, three months before, for substitute proposals approved by the General Assembly. Proposals presented after the periods mentioned shall be submitted to plebiscite at the time of the subsequent elections.
- The Constitution may be amended, also, by constitutional laws which shall require for their sanction two-thirds of the full membership of each Chamber in the same legislative period. Constitutional laws may not be vetoed by the Executive Power and shall take effect as soon as the electorate specially convoked on the date specified in such laws shall have expressed their approval by an absolute majority of the votes cast and they shall be promulgated by the President of the General Assembly.
- If the convocation of the electorate for ratification of amendments, in the cases contemplated in paragraphs (a), (b), (c), and (d) coincides with any election of members of the organs of the State, the citizens must express their will on the constitutional amendments on ballots separate and apart from the election lists. Whenever the amendments submitted to a plebiscite relate to election to elective offices, the voting for such offices shall be both by the system proposed and by the existing system, and decision of the plebiscite shall be final.
Chapter IV
Article 332
The provisions of the present Constitution which recognize individual rights, as well as those which confer powers and impose duties on public authorities, shall not be without effect by reason of the lack of corresponding regulations, but such regulations shall be supplied on the basis of analogous laws, general principles of justice, and generally accepted doctrines.
