On December 10, 1983, Argentina returned to democracy after almost eight years of authoritarian rule, and since then has had free and fair elections. When Alfonsín transferred the presidential sash to Carlos Saúl Menem in 1989 it was the first time in Argentinean history that a fairly elected president from one party transferred the presidency to a fairly elected president of another party.
In April 1994 elections were held to form a Constituent Assembly. Among the many amendments to the 1853 Constitution were provisions for presidential reelection, reduction of the president's term, abolition of the electoral college system, and the adoption of a second round of voting under certain circumstances. The presidential term was reduced from six to four years, and a second round of voting will be required if no candidate receives at least 45 per cent of the vote in the first round or if the winner has 40 per cent of the vote but a margin of victory over the second-place candidate of less than 10 percent. However, the reform did not touch some of the prominent features of Argentinean electoral system - strong federalism, proportional representation (PR), see List PR, closed-list ballots, see Open, Closed and Free Lists, and a threshold of three per cent of the electoral register in each district.
Under the new constitution the president, who is chief of state and head of government, is directly elected for a four-year term by universal adult suffrage. The National Congress (Congreso de la nación) has two chambers. The Chamber of Deputies (Cámara de Diputados) has 257 members elected for a four-year term by proportional representation, with half of the seats renewed every two years. They are eligible for re-election. Prior to the reform, senators were indirectly elected for a nine-year term by the provincial legislatures. Now the members of the Senate are elected in 25 three-seat electoral districts (24 provinces and the city of Buenos Aires) for a six-year term, with one-third renewed every two years. Each of the 25 electoral districts chooses three senators directly. Two seats are awarded to the most-voted party and one to the second-largest party. Governors, Municipal Mayors, and local authorities are elected according to their provincial or municipal constitutions.
Deputies are still elected by closed lists, which means that citizens are not allowed to change the order of candidates or to cross out names on the list. Moreover, most parties use closed primaries to select and order their lists. Rank and file and party elites therefore have an important impact on legislators' behavior.
Each of the 25 electoral districts has its own electoral laws. Nonetheless, it is remarkable that eleven provinces practice the "double simultaneous vote," as in Uruguay. This law allows simultaneous intra- and inter-party competition. Political parties present several candidates who compete against one another but whose votes are added together to define which party pooled the most votes. The winner is the most-voted candidate in the most-voted party.
Two partisan and institutional features contributed to the success of Argentinean democracy from democratization in 1983 to the 1994 constitutional reform. First, the two-party system ensured that the president would have a sizable bloc of legislators in congress. Second, these legislators practiced a moderate to high level of discipline, enabling presidents to pass legislation with relative ease.
Nonetheless, four additional elements that triggered the reform of 1994 were undermining the performance of the democratic system. First, the federal government controlled the flow of resources from the central government to the provinces. Second, the capacity of the president to interfere with the judicial branch undermined the system of checks and balances. Third, the closed party lists for legislative elections produced a great deal of discomfort among citizens who claimed that legislators were more loyal to party leaders than to their constituents' problems. Finally, the abuse of presidential decrees of necessity and urgency weakened the congress' ability to check the executive.
The reform of the 1853 constitution in August 1994 was the result of an extra-parliamentary agreement known as the "Pacto de Olivos" signed between Menem and former president Raúl Alfonsín. On the one hand, Menem's major objective was reelection, and it was achieved. On the other hand, Alfonsín objectives were more diffuse and difficult to understand. In essence he wanted to give a more pronounced parliamentarian style to Argentinean politics. This is why the "chief of cabinet" was created: an official who could be removed by the congress. Neverthless, the creation of this office did not reduce the high concentration of power in the presidency.
In May 1995 President Menem secured re-election with 49.8 per cent of the vote, but a major transformation occurred in the party system: a third force, FREPASO, came in second place with 29.3 per cent of the vote, leaving the Radicals in a historically low third place with 17 per cent of the votes.
In the legislative elections of October 1997 the opposition Radicals and FREPASO built a coalition called "Alianza" in many provinces to defeat the Peronist party. As a result of these elections, not only were the Peronists defeated in the largest provinces, but they also lost control of the province of Buenos Aires, where almost 40 per cent of all Argentinean citizens live. The leader of FREPASO, Graciela Fernández Mejide, a human rights activist, became the most serious challenger for the yet-unknown Peronist party candidate for the 1999 presidential race.
The 1997 legislative elections raised an important question about Argentina's political future. The incumbent Peronist party lost almost 10 percent of its support and its majority in the lower chamber, thus it will have to strike deals with the opposition if it is to pass legislation.
