Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: General principles of electoral law are included in the Constitution. A separate legislative act called "Law governing Elections to the Assembly of the Republic" provides more detailed regulation as in accordance with Article 164(d) and Article 167(f) of the Constitution the Assembly of the Republic.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 113: https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections d . Referendums e . Other
Comments: Other: Legislative Initiative by Citizens, Legal Regime governing Referenda
Source: https://www.parlamento.pt/sites/EN/Parliament/Paginas/Legislation.aspx - important documents to access.
Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 120-132, 167, 231,235-243, 260:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Article 49:
1. Every citizen who has attained the age of eighteen years has the right to vote, subject to the incapacities provided for in the general law.
2. The right to vote shall be exercised personally and constitutes a civic duty.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 49: https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/26
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: Constitution:
Article 113:
7. The competence to judge the correctness and validity of electoral procedural acts pertains to the courts.
Law governing Elections to the Assembly of the Republic:
Article 117:
Judicial appeals
1 - Irregularities that occurred during voting or the partial or general counts may be considered
in a judicial appeal, on condition that they were the object of a challenge or protest lodged at
the time of the act in which they occurred.
Article 118:
Competent court, procedure and time limits
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 113 (7): https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic, Articles 117-118: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/26
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Additional, but potentially outdated material is available here.
