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ARTICLE 41
 

Composition (*) 


Polling station committees shall comprise at least three individuals and their respective substitutes.


Every party (registered at the national level)* participating in the election with registered candidacies may propose one voter for each board and their respective substitute. To do so, each party shall notify the respective cantonal board in writing of its proposed full and substitute delegates two calendar months before an election and through the chairman of the executive committee of the party or the chairman of the executive committee of the cantonal caucus. Failure to do so shall entail the loss of all rights to propose members of the respective board.


Within three calendar days of the expiry of this deadline, the respective cantonal boards must receive the appointments that have been made and shall publish the resolution declaring the polling station committees of its canton to be constituted, following the order of the electoral district map.


If the cantonal board does not send proposals for members of the polling station committee within the stipulated deadline, or if it sends incomplete ones, the Tribunal shall directly appoint the individuals required for the polling station committee to be duly composed of at least three members. The Tribunal shall encourage voluntary service by citizens in the polling station committees.


The Tribunal shall regulate the procedure for recruiting members of the boards and carrying out these appointments.


(*) In final judgment N.° 8297-2010 from May 5, 2010 at 14:45 hours, the Supreme Court declared an unconstitutional action filed against Article 41 of the Electoral Act as admissible. Therefore the phrase “registered at the national level” included in the second paragraph of this article was void. The regulation was challenged since it considers the composition of polling station committees only according to the representation of political parties registered at the national level thus affecting the parties at cantonal level by not taking them into account. This judgment has declaratory and retroactive effect to the valid date of the annulled regulation without prejudice to the rights acquired in good faith. The operative paragraph is transcribed as follows: “The action filed was declared admissible. The phrase "registered at the national level" included in the second paragraph of Article 41 of the Electoral Act, Law No. 8765 of August 19, 2009 was void. This judgment has declaratory and retroactive effect to the valid date of the annulled regulation without prejudice to the rights acquired in good faith. This declaration shall be reviewed at the official gazette La Gaceta and published entirely at the Judicial Journal. To be notified.”


Complete judgment N.° 8297-2010 was published at the Judicial Journal N.° 140 of July 27, 2010.