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Article 19
 

Functions of Central Electoral Commission


1. In addition to the functions explicitly set out in this Act, the Central Electoral Commission shall have the following responsibilities:


a) To conduct and supervise the activity of the Electoral Register Office;


b) To make a report on all draft provisions to be issued in relation to the electoral register for the implementation and the application of this Act;


c) To issue binding instructions to Provincial Electoral Commissions and, as the case may be, to Self-governing Communities on any matter relating to elections;


d) To determine with a binding effect all consultations submitted to it by Provincial Electoral Commissions and, as the case may be, by Self-governing Communities;


e) To revoke ex officio at any time or at a party’s request, within the time limits set out in Section 21 of this Act, any decisions of Provincial Electoral Commissions or, as the case may be, of the respective Self-governing Community, where such decisions run counter to the interpretation of electoral rules laid down by the Central Electoral Commission itself;


f) To unify interpretation criteria of Provincial Electoral Commissions or, as the case may be, of Self-governing Communities in the application of election rules;


g) To approve on a proposal by the State Administration or by the Administration of Selfgoverning Communities, the model minutes of constitution of polling Bureaus, of counting operations, of sittings, the general count and of proclamation of elected candidates. Said models must allow instant issue of copies of the minutes through self-copying documents and by similar procedures;


h) To determine all claims, complaints and petitions submitted to it under this Act or any other provision enabling it to such determination;


i) To ensure compliance with provisions relating to accounts and to election expenses in the period between call of the election and the hundredth day after polling date;


j) To exert disciplinary powers on any persons officially taking part in election proceedings;


k) To punish all violations committed during the election process other than those constituting a criminal offence and to impose fines up to the maximum amount laid down in this Act, and


l) To issue their credentials to members of Congress of Deputies, Senators, local councillors, provincial councillors and insular councillors in case of vacancy for death, incapacity or resignation, after expiry of the mandate of Provincial or Judiciary District Commissions.


2. In addition to responsibilities explicitly set out in this Act, Provincial and Judiciary District Electoral Commissions shall perform within their territorial jurisdiction the functions entrusted to the Central Electoral Commission by paragraphs h), j) and k) of subsection 1 above. The power to impose fines shall be limited to a maximum amount of 1,200 (one-thousand two-hundred Euros) for Provincial Commissions and 600 (six hundred Euros) for Judiciary District Commissions.



3. Provincial Electoral Commissions may equally, within the higher criteria of the Central Electoral Commission:



a) Issue binding instructions to Judiciary District Electoral Commissions on any electoral matter.
b) Determine with a binding effect consultations submitted to it by Judiciary District Commissions.
c) Annul ex officio at any time or at an interested party’s request within the time limits set out in Section 21 of this Act, any decisions of Judiciary District Commissions that are contrary to the interpretation laid down by the corresponding Provincial Electoral Commission.
d) Unify Judiciary District Commissions’ interpretation criteria on any electoral issue.



4. Judiciary District Commissions shall ensure the existence in every polling Bureau of the election equipment referred to in Section 8 of this Act.



5. In the event of non-payment of the fines contemplated in this Section the relevant Electoral Commission shall forward to the appropriate division of the Ministry of Economy and Finance a certificate of said non-payment for coercive recovery of the fine.



 SECT. 19 AS AMENDED BY SECT. 8 OF INSTITUTIONAL ACT 8/1001, OF MARCH 13
 1.B) AS AMENDED BY SECT. 1 OF INSTITUTIONAL ACT 3/1995, OF MARCH 23
 1.C) TO 1.L) RENUMBERED BY SECT. 1 OF SAID INSTITUTIONAL ACT. FORMERLY 1.B) TO 1. K)
RESPECTIVELY
 2. AS AMENDED BY SECT. 5 OF INST. ACTS 3/1995, OF MARCH 23 AND 2/2011, OF JANUARY
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