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Article 469
 

469.1. Once the presentation of evidence has concluded and, where applicable, the investigation has ended, the Technical Unit of Electoral Disputes of the Executive Secretariat will share the file with the complainant and respondent so that they, within five days, express what is in their best interest. After this deadline, the Secretariat will develop the corresponding draft resolution, within no more than ten days from the end of the last viewing of the file. Once the previously mentioned deadline has expired, the Secretariat could extend it through an agreement in which it sets out the causes motivating this; the extension cannot exceed ten days.


469.2. The draft resolution issued by the Technical Unit of Electoral Disputes of the Executive Secretariat will, within five days, be sent to the Complaints and Reports Commission for its knowledge and study.


469.3. The president of this Commission will, no later than the day after the receipt of the opinion, invite the other members of the Commission to a session, which should take place no earlier than twenty-four hours after the date of the call, in order for this body to analyze and evaluate the draft resolution, taking into account the following:


a) If the first draft of the Technical Unit of Electoral Disputes of the Executive Secretariat suggests the inadmissibility or dismissal of the investigation, or the imposition of a sanction, and the Complaints and Reports Commission agrees with the meaning of the draft, it will be forwarded to the General Council for its study and vote;


b) In the event of not adopting the inadmissibility or dismissal, or the imposition of a sanction, the Complaints and Reports Commission will return the draft resolution to the Secretary, stating the reasons for its return, or suggesting, where applicable, the proceedings it deems relevant to the improvement of the investigation, and


c) Within no more than fifteen days after the return of the draft and the corresponding comments, the Technical Unit of Electoral Disputes of the Executive Secretariat will issue a new draft resolution, taking into consideration the reasoning and arguments made by the Complaints and Reports Commission.


469.4. Once the president of the General Council receives the corresponding draft resolution, he will convene a session, sending copies of the draft to the members of this body at least three days before the date of the session.


469.5. In the session in which the draft resolution is discussed, the General Council will decide:


a) To approve it in the terms it is presented;


b) To approve it, ordering the Secretary of the General Council to extend the draft resolution in the sense of the arguments, considerations and reasoning expressed by the majority;


c) To modify it, proceeding to approve it in the same session, provided that it is considered that this can be done and that it does not contradict what is established in the body of draft;


d) To reject it and request the Technical Unit of Electoral Disputes of the Executive Secretariat to prepare a new draft in the sense of the arguments, considerations and reasoning expressed by the majority, and e) The rejection of a draft resolution is understood as the approval of an agreement for its return.


469.6. In the event of a tie caused by the absence of any of the Electoral Councilors, a second vote will be carried out. In the event that the tie continues, the President Councilor will decide to present the draft at a later meeting in which all the Electoral Councilors are present.


469.7. The electoral councilor who disagrees with the majority may draw up a dissenting vote, which will be included in the corresponding draft if it is sent to the secretary within two days of the date of the approval of the draft.


469.8. In the settlement of the points of the agenda on a day in which the General Council should decide on the draft resolutions regarding complaints and reports, these will be grouped and vote on in a single act, except if any of its members proposes that they be discussed separately.