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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Territorial divisions. For electoral purposes, the Nation is divided into:
1. Districts. The Autonomous City of Buenos Aires and each province constitute an electoral district.
2. Sections. Which will be subdivisions of the districts. Each one of the parties, departments of the provinces, constitutes an electoral section. Likewise, each commune into which the Autonomous City of Buenos Aires is divided will be a section. The sections will bear the name of the party or department of the province, or the name of the corresponding commune of the Autonomous City of Buenos Aires.
3. Circuits, which will be subdivisions of the sections. They will group the voters by reason of the proximity of the domiciles, being enough a polling station to constitute a circuit.
4. In the formation of the circuits, the roads, rivers, streams, and communication routes between towns will be particularly taken into account, trying to shorten the distances between the voters' domicile and the places where the voting stations will operate.
The circuits will be correlatively numbered inside the district.
The National Electoral Chamber will keep a centralized registry of all the electoral divisions of the country.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 39: https://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/view
Verified: 2021/12/26
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
f . Other
Comments: A complex process exists which involves provincial authorities,courts and election bodies.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, Article 40: https://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/view
Verified: 2021/12/26
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
b . Respecting natural barriers c . Compactness of constituencies d . Conformity with local jurisdiction boundaries e . Geographic size of district
Comments: Districts and Sections are political-administrative boundaries. Circuits take special care of bringing together voters by the closeness of their homes, while having to bear in mind the roads, rivers, watercourses and communication routes in between homes and polling stations. Circuits also try to abbreviate distances between the population nucleus and places where polling stations are going to function.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 39: https://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/view
Verified: 2021/12/26
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments: Consider only population nucleus and closeness with the places where polling stations are going to function.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, Article 39, Electoral Law https://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/view
Verified: 2021/12/26
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB) f . A government department or agency
Comments: Districts and Sections are political-administrative boundaries, so they are a legislative matter. Circuits are demarcated by the Ministry of Interior with regard to a well-founded proposal from the corresponding Electoral Judge.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 40: https://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/view
Verified: 2021/12/26
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
g . Changes in administrative boundaries l . Other
Comments: Besides have to bear in mind distances between population nucleus and places where polling stations are going to function.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, Articles 39 and 40: https://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/view
Verified: 2021/12/26
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 94.- The President and Vice President of the Nation shall be elected directly by the People, in a double round, as established by this Constitution. To this end, the national territory will make up a single district.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 90, 94, 99: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 148–151: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: Article 94.- The President and Vice President of the Nation shall be elected directly by the People, in a double round, as established by this Constitution. To this end, the national territory will make up a single district.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 90, 94, 99: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 148–151: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Article 87.- The Executive Power of the Nation will be held by a citizen with the title of 'President of the Argentine Nation'.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 87, 90, 94, 99: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 148–151: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The Congress of the Nation has two chambers. The Chamber of Deputies has 257 members directly elected for 4-year terms, although half of its members are renewed every 2 years. The Senate is made up of 72 members directly elected for 6-year terms, although the third part is renewed every two years.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 44: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Chamber of Deputies: proportional. Party-list system, with proportional distribution of seats according to the d'Hont method. To get a seat, a party must obtain at least 3% of the votes cast in a constituency. The vacant seats arising from general elections are occupied by elected substitutes at the same time as the incumbent members.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 45, 50: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 158–161: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
l . Other
Comments: Senate: Majority vote in first round, using party lists. The list with the highest percentage of votes in each constituency will be entitled to two seats, while the list with the second-highest percentage of votes will be entitled to the remaining seat. Vacant seats that arise between general elections are occupied by elected substitutes at the same time as the incumbent members. Three senators are elected for each province and three for the city of Buenos Aires.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 54: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments: N/A
Source:
Verified: 2021/12/26
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
b . Specially delimited constituencies c . Regional/provincial level d . Other
Comments: Article 45.- The Chamber of Deputies will be made up of representatives elected directly by the people of the provinces, of the city of Buenos Aires, and of the Capital in case of transfer, which are considered for this purpose as electoral districts of a single State. and a simple plurality of votes. The number of representatives will be one for every thirty-three thousand inhabitants or a fraction that does not lower than sixteen thousand five hundred. After the completion of each census, the Congress will set the representation in accordance with it, being able to increase but not decrease the base expressed for each deputy.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 45: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
c . Regional or provincial level
Comments: Artículo 54.- El Senado se compondrá de tres senadores por cada provincia y tres por la ciudad de Buenos Aires, elegidos en forma directa y conjunta, correspondiendo dos bancas al partido político que obtenga el mayor número de votos, y la restante al partido político que le siga en número de votos. Cada senador tendrá un voto.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 54: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 61bis: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 61bis: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: To get a seat, a party must obtain at least 3% of the votes cast in a constituency. The vacant seats arising from general elections are occupied by elected substitutes at the same time as the incumbent members.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments: The list with the highest percentage of votes in each constituency will be entitled to two seats, while the list with the second-highest percentage of votes will be entitled to the remaining seat.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) c . On a fixed day of the week (specify day, specify if holiday)
Comments:
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) c . On a fixed day of the week (specify day, specify if holiday)
Comments: Article 56.- Senators last six years in the exercise of their mandate, and are indefinitely re-eligible; but the Senate will be renewed at the rate of one-third of the electoral districts every two years.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 56: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments: National Electoral Law
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Law for the Democratisation of political representation, transparency, and electoral equity: “Ley de Democratización de la representación política, la transparencia y la equidad electoral — Ley 26571”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26571-democratizacion-transparencia-equidad-2019/ (2019)
Verified: 2021/12/26
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: As the link below details, several amendments have taken place to the electoral law post 2000 with several amendments until 2019.
Source: https://www.diputados.gov.ar/export/hcdn/secparl/dgral_info_parlamentaria/dip/archivos/Ley_19945_TA.pdf
Verified: 2021/12/26
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections e . Other
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law c . Voting is compulsory and regulated in the constitution
Comments: Voting is compulsory and regulated in both the constitution and the electoral law. The non-voter has to provide a legitimate reason for his/her abstention or may face a fine sanction, infringements of civil rights, or disenfranchisement. With regards to popular consultation convoked by the Congress or the President, voting is voluntary.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 37: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 12 & 125: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
b . National elections are held on the same day as regional and local elections
Comments: As pointed out in this link, Argentina does hold simultaneous elections. However, Senators have an off cycle election given their 6 year terms.
Source: https://www.electionguide.org/elections/id/3166/
Verified: 2021/12/26
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
b . Presidential elections are held on the same day as national legislative elections
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
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: The electoral judges will know at the request of a party or ex officio: 1. In the first and only instance in trials on electoral offenses.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 44: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Law on the National Electoral Justice: “Ley Orgánica de la Justicia Nacional Electoral — Ley 19108”, art. 12: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19108-organica-justicia-nacional-electoral-2019/ (2019)
Verified: 2021/12/26
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments: Electoral Law specifies their composition. They are typically not specially appointed.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 49: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Verified: 2021/12/26
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
b . Parties e . Other
Comments: Only governing bodies of parties through their representatives.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 110 y 111: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Verified: 2021/12/26
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
a . Electoral Management Body
Comments: The Board`s resolutions are appealable before the Electoral National Chamber. Jurisprudence of this body prevail over the Board`s discernments.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 51: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Verified: 2021/12/26
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
e . Legislature f . Other
Comments: Laws in general, can originate in the Congress, projects presented by the legislators, or in the Executive Power.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 77: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Verified: 2021/12/26
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments:
Source: Law on the National Electoral Justice: “Ley Orgánica de la Justicia Nacional Electoral — Ley 19108”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19108-organica-justicia-nacional-electoral-2019/ (2019); Presidential Decree 682/2010, which establishes the structure of the National Offices for Elections and for Political Affairs and Reform at the Ministry of Interior’s Political Affairs Department: “Decreto 682/2010 del Poder Ejecutivo Nacional, por el que se aprueba la estructura de la Dirección Nacional Electoral y la Dirección Nacional de Asuntos Políticos y Reforma Electoral de la Secretaría de Asuntos Políticos del Ministerio del Interior”: http://aceproject.org/ero-en/regions/americas/AR/argentina-decreto-mininterior-682-2010-estructura-dine/ (2019)
Verified: 2021/12/26
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments: The Electoral National Chamber is part of the Judicial Power and against its decisions only exists the extraordinary appeal before the Supreme Court.
Source: https://www.electoral.gob.ar/nuevo/paginas/cne/competencia_cne.php
Verified: 2021/12/26
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
g . Other
Comments: As a legal matter, expenditures are charged to general incomes and are included in the National General Budget.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 100 (6): http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Law on the Self-sufficiency of the Judiciary Power: “Ley de Autarquía Judicial — Ley 23.853”: http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/253/texact.htm (2013-05-27)
Verified: 2021/12/26
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature e . Another organ within the national government
Comments: It is an attribution of the Legislature, based on reports of the "Auditoría General de la Nación".
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 85: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments: The National Electoral Chamber is a permanent management body. The National Electoral Boards constitute and begin their jobs sixty days before the election.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 110: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Decree-Law 1285/58: “Decreto-Ley 1285/58 — sobre la organización de la Justicia Nacional” art. 3: http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/37915/texact.htm
Verified: 2021/12/26
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
a . Elected (specify by whom)
Comments:
Source: Ley 19.108. "ORGANIZACIÓN DE LA JUSTICIA NACIONAL ELECTORAL" - El texto incluye las últimas modificaciones incorporadas por Ley N° 27.504 B.O. 31/5/2019. https://www.electoral.gob.ar/nuevo_legislacion/pdf/19108.pdf
Verified: 2021/12/26
EM008
According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
According to the National Electoral Directorate, the original budget allocated for the 2021 elections is equivalent to some US$ 172 million for the organization of the primaries and national elections. However, postponed by the pandemic and with a differential organization to implement protocols to avoid contagion by covid-19, the national Executive increased the budget, which reached about US$ 184 million.
Source
https://cnnespanol.cnn.com/2021/09/11/cuanto-cuestan-las-elecciones-primarias-en-argentina-orix/
Verified
2021/12/26
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
c . Mixed
Comments:
Source: Law on the National Electoral Justice: “Ley Orgánica de la Justicia Nacional Electoral — Ley 19108”: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19108-organica-justicia-nacional-electoral-2019/ (2019);
Presidential Decree 682/2010, which establishes the structure of the National Offices for Elections and for Political Affairs and Reform at the Ministry of Interior’s Political Affairs Department: “Decreto 682/2010 del Poder Ejecutivo Nacional, por el que se aprueba la estructura de la Dirección Nacional Electoral y la Dirección Nacional de Asuntos Políticos y Reforma Electoral de la Secretaría de Asuntos Políticos del Ministerio del Interior”: http://aceproject.org/ero-en/regions/americas/AR/argentina-decreto-mininterior-682-2010-estructura-dine/ (2019)
Verified: 2021/12/26
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The National Electoral Chamber is composed of 3 members who are judges.
Source: Law on the National Electoral Justice: “Ley Orgánica de la Justicia Nacional Electoral — Ley 19108”, art. 2: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19108-organica-justicia-nacional-electoral-2019/ (2019)
Verified: 2021/12/26
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
Source: Decree-Law 1285/58: “Decreto-Ley 1285/58 — sobre la organización de la Justicia Nacional” art. 3: http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/37915/texact.htm
Verified: 2021/12/26
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
c . Executive e . Legislature f . Judiciary
Comments:
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 114: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Decree-Law 1285/58: “Decreto-Ley 1285/58 — sobre la organización de la Justicia Nacional” art. 5: http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/37915/texact.htm
Verified: 2021/12/26
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body e . Regional Governments g . NGOs/ Civic Organizations
Comments: Voting is obligatory in the Republic of Argentina. The voter register is permanent, automatic and with continuous updating. The National Electoral Chamber carries out information campaigns.
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 43 duodecies: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019);
Sitio web de la Cámara Nacional Electoral: https://www.electoral.gob.ar/nuevo/paginas/btn/cyee/cyee.php (2019); Sitio web del Ministerio del Interior, Obras Públicas y Vivienda: https://www.argentina.gob.ar/interior/dine/direccion-de-capacitacion-electoral (2019); https://www.argentina.gob.ar/interior/dine/capacitacion (2019); https://www.argentina.gob.ar/interior/direccionnacionalelectoral/capacitacion (2019)
Verified: 2021/12/26
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: Sitio web de la Cámara Nacional Electoral: https://www.electoral.gob.ar/nuevo/paginas/btn/cyee/cyee.php (2019); Sitio web del Ministerio del Interior, Obras Públicas y Vivienda: https://www.argentina.gob.ar/interior/instituto-nacional-de-capacitacion-politica (2019); https://www.argentina.gob.ar/interior/asuntos-politicos/direccion-nacional-de-relaciones-con-la-comunidad (2019)
Verified: 2021/12/26
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government
Comments: Civic Education is a secondary education matter.
Source: http://www.pjn.gov.ar/Publicaciones/00004/00043795.Pdf (2010) Sitio web de la Cámara Nacional Electoral: https://www.electoral.gob.ar/nuevo/paginas/btn/cyee/cyee.php (2019); Sitio web del Ministerio del Interior, Obras Públicas y Vivienda: https://www.argentina.gob.ar/interior/instituto-nacional-de-capacitacion-politica (2019); https://www.argentina.gob.ar/interior/asuntos-politicos/direccion-nacional-de-relaciones-con-la-comunidad (2019)
Verified: 2021/12/26
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement g . Internet
Comments:
Source: https://www.argentina.gob.ar/interior/dine/direccion-de-capacitacion-electoral
Verified: 2021/12/26
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
j . Other
Comments: Civic Education is a permanent secondary education matter.
Source: http://www.pjn.gov.ar/Publicaciones/00004/00043795.Pdf (2010) Sitio web de la Cámara Nacional Electoral: https://www.electoral.gob.ar/nuevo/paginas/btn/cyee/cyee.php (2019); Sitio web del Ministerio del Interior, Obras Públicas y Vivienda: https://www.argentina.gob.ar/interior/instituto-nacional-de-capacitacion-politica (2019); https://www.argentina.gob.ar/interior/asuntos-politicos/direccion-nacional-de-relaciones-con-la-comunidad (2019)
Verified: 2021/12/26
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled b . Young people/ first time voters e . Indigenous groups g . Other
Comments: Special Campaigns to boost electoral accessibility have been announced.
Source: https://www.electoral.gob.ar/nuevo/paginas/btn/cyee/cyee_electores.php
Verified: 2021/12/26
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
a . 16
Comments: Voting age for native Argentines is 16 years old while voting age for naturalized Argentines in 18 years old.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 1: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019); Citizenship Law: “Ley de Ciudadanía — Ley 346”, art. 2 & 7:
Verified: 2021/12/26
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship d . Naturalization e . Other
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 1: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration b . Previous Conviction c . Detention d . Mental disability h . Other
Comments: Deserters, those convicted of certain crimes and those declared legally insane are also excluded from exercising their franchise.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 3: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The National Electoral Register is organized by the Electoral National Chamber.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 17: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VR005
Question: What is the registration method for national elections?
Answer:
a . National citizens register
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, Chapter II, Article 15: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments: It is organized and maintained up to date permanently.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, Article 15-22: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
d . Registration by mail e . Appearance by voter at registration office i . Internet registration j . Other
Comments: Communications from the People`s National register about the extension of new copies of civic documents, domicile changes and deceases, and the communications of disqualifications and exclusions from the prosecution judge.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, Article 15-22: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: It is an automatic register and there can be only legal exclusions or disqualifications.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 17–24: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) f . Other
Comments: An affidavit must be signed by each candidate running for national elections. In addition, a minimum of 30% of the candidates for elected offices and in proportion with possibilities of being elected must be women.
Source: Political Parties’ Law: “Ley Orgánica de los Partidos Políticos — Ley 23298”, art. 7 & 8: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-23298-organica-pp-pp-2017/ (2019)
Verified: 2021/12/26
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
f . Other
Comments: The lists that present candidates must have women in a minimum of 30% of the candidates for elected offices and in proportion with possibilities of being elected. Besides they must designate a financial and a campaign responsibles.
Source: Articles 60 Law No. 19.945 and 7 Law No. 25.600.
Verified: 2021/12/26
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence j . Other
Comments: In order to be eligible, one must be 25 years old, have Argentinian citizenship for at least four years and originate from the constituency where he/she seeks to be elected or have two consecutive years of residence in it.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 48: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Law for the Democratisation of political representation, transparency, and electoral equity: “Ley de Democratización de la representación política, la transparencia y la equidad electoral — Ley 26571”, art. 21: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26571-democratizacion-transparencia-equidad-2019/ (2019)
Verified: 2021/12/26
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship c . Country of birth d . Residence
Comments: Requires to reach 30 years old, have six years of citizenship and to be natural of the province or to have two years of inmediate residence in it, and to enjoy an annual income of 2000 "pesos fuertes" or an equivalent receipt.
Source: Article 55 National Constitution.
Verified: 2021/12/26
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship c . Country of birth d . Residence e . Citizenship of parents
Comments: To be borned in argentinian territory or, if they borned in a foreign country, to be son of a native citizen, and to have the other qualities require for being elected senator.
Source: Article 89 National Constitution.
Verified: 2021/12/26
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration b . Detention c . Criminal record e . Offences against electoral law f . Holding of military office h . Bankruptcy or Insolvency j . Physical health problems k . Mental health problems n . Holding of other public offices (police etc.)
Comments: Requires not to be affected by any legal disqualification (Art. 60 Law N14 19.945).With regard to the physical health problems, it refers to deaf-mutes who cannot give to understand in writing. Insolvency refers to the requirement of an annual income of 2000 "pesos fuertes" or an equivalent receipt.
Source: Laws No. 19.945 and 23.298.
Verified: 2021/12/26
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
a . Current criminal incarceration b . Detention c . Criminal record e . Offences against electoral law f . Holding of military office h . Bankruptcy or insolvency j . Physical health problems k . Mental health problems n . Holding of other public offices (police etc.) p . Other
Comments: Requires not to be affected by any legal disqualification (Art. 60 Law N1 19.945).With regard to the physical health problems, it refers to deaf-mutes who cannot give to understand in writing. Insolvency refers to the requirement of an annual income of 2000 "pesos fuertes" or an equivalent receipt.
Source: Laws No. 19.945 and 23.298.
Verified: 2021/12/26
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
a . Neither in presidential nor legislative elections
Comments:
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 38: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Political Parties’ Law: “Ley Orgánica de los Partidos Políticos — Ley 23298”, art. 2: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-23298-organica-pp-pp-2017/ (2019);
Law for the Democratisation of political representation, transparency, and electoral equity: “Ley de Democratización de la representación política, la transparencia y la equidad electoral — Ley 26571”, art. 21: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26571-democratizacion-transparencia-equidad-2019/ (2019)
Verified: 2021/12/26
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
e . Not applicable
Comments: Independents can`t compete, neither in presidential nor legislative elections.
Source: Cámara Nacional Electoral and Law No. 19.945.
Verified: 2021/12/26
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments: Independents can`t compete, neither in presidential nor legislative elections.
Source: Cámara Nacional Electoral and Law No. 19.945.
Verified: 2021/12/26
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments: Independents can`t compete, neither in presidential nor legislative elections.
Source: Cámara Nacional Electoral and Law No. 19.945.
Verified: 2021/12/26
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: The state guarantees the funding of political parties by contributions through the Permanent Supporter Fund.
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 5: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019)
Verified: 2021/12/26
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments: Political parties receive annually resources determinated by the National General Budget, and extraordinarily for election years.
Source: Articles 15 and 21 Law No. 25.600.
Verified: 2021/12/26
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access b . Tax credits
Comments:
Source: Articles 45 Law No. 23.298, 6 and 31 Law No. 25.600.
Verified: 2021/12/26
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election
Comments: 20% of available resources are distributed in an egalitarian way between all recognized parties, while 80% are distributed in proportion with the results of the previous national deputies election.
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 9: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019)
Verified: 2021/12/26
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments: The Estate guarantee the functioning of political parties by contributions destines for institutional development and political capacitation and education, and for general electoral campaigns.
Source: Article 12 Law No. 25.600
Verified: 2021/12/26
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Private funding can be designated to the Permanent Supporter Fund (managed by the Ministry of Interior) or directly to political parties.
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 14: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019)
Verified: 2021/12/26
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments: Law doesn`t settle periods for private funding. The only limits refer to ceilings for contributions.
Source: Law No. 25.600.
Verified: 2021/12/26
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure c . Prohibition on party funding from foreign sources d . Ceilings on how much money a party can raise e . Ceilings on party election expenses h . Publication or public access to contribution and / or expenditure reports i . Other
Comments: Also are prohibited anonymous contributions and from people or institutions indicated by law.
Source: Article 38 National Constitution, Law No. 25.600 and Decree No. 02 of 04/02/03 from the Electoral National Chamber.
Verified: 2021/12/26
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments: The law only refers to funding of political parties, confederations or alliances.
Source: Law No. 25.600.
Verified: 2021/12/26
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
c . Government department d . Other
Comments: External control of the parties financial activity is a duty of the "Auditoría General de la Nación", without prejudice of the intervention of federal justice with electoral competence.
Source: Laws No. 23.298 and 25.600.
Verified: 2021/12/26
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
b . Multi-ballot (each party has own ballot, voter picks one ballot and places in envelope) h . Party symbols in color j . Candidate photos in color r . Other
Comments: Also appears the name and number of political parties.
Source: Article 62 Law No. 19.945.
Verified: 2021/12/26
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
b . Multi-ballot (each party has own ballot, voter picks one ballot and places in envelope) h . Party symbols in color j . Candidate photos in color r . Other
Comments: Also appears the name and number of political parties.
Source: Article 62 Law No. 19.945.
Verified: 2021/12/26
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
b . Multi-ballot (each party has own ballot, voter picks one ballot and places in envelope) h . Party symbols in color j . Candidate photos in color r . Other
Comments: Also appears the name and number of political parties.
Source: Article 62 Law No. 19.945.
Verified: 2021/12/26
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 101: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VC005
Question: What procedures are used in the initial count?
Answer(s):
b . Preliminary count of all ballots in ballot box c . Tally of voters who voted d . Number of ballots in box reconciled against number of voters f . Each ballot paper held up for public scrutiny, with name of party/candidate called out loud g . Single tallying as voters are being called out i . Tallying by party representative and/or observers as votes are being called out j . Sorted into piles according to individual party/candidate l . Counted by hand s . Copies of results are provided to party agents
Comments:
Source: Article 101 and next ones Law No. 19.945.
Verified: 2021/12/26
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level d . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: Results are tranmitted to the National Electoral Boards of the district, who will carry out the operations indicated by law with the biggest promptness. For this effects every province correspond to a district.
Source: Article 105 and next ones Law No. 19.945.
Verified: 2021/12/26
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: Seats are allocated at provincial level.
Source: Law No. 19.945.
Verified: 2021/12/26
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported d . Telex/Telegraph
Comments: Finishing the table sorting and counting, the president communicates the results to the mail employee present in the place, writing a telegram that will be communicated by the Official Telecommunications Service with destination to the National Electoral Board and to the Electoral National Office of Ministry of Interior. There are also transported the ballot boxes and the certificate of results.
Source: Articles 105 and 106 Law No. 19.945.
Verified: 2021/12/26
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots d . Voter rolls f . Certificate of result g . Ballot boxes
Comments:
Source: Articles 105 and 106 Law No. 19.945.
Verified: 2021/12/26
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
f . Accompanied by party representatives h . Accompanied by police or other security personnel i . Accompanied by observers j . Other
Comments: It is used an special sash that covers the opening or slot of the ballot box, completely covering the top, front and rear, that will be secured and signed by the president, substitutes and party representatives who want to.
Source: Articles 104 and 106 Law No. 19.945.
Verified: 2021/12/26
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
f . Other
Comments: In case of obvious errors in the initial counting of votes.
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 118: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019)
Verified: 2021/12/26
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source: Law No. 19.945.
Verified: 2021/12/26
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties d . Domestic observers
Comments: Party representatives and agents.
Source: Articles 107 and next ones Law No. 19.945.
Verified: 2021/12/26
VC014
Question: If recounted, who conducts the recount?
Answer(s):
b . Regional Election Management body
Comments: It is responsability of the respective National Electoral Board.
Source: Articles 107 and next ones Law No. 19.945.
Verified: 2021/12/26
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source: Law No. 19.945.
Verified: 2021/12/26
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: Law No. 19.945.
Verified: 2021/12/26
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
b . days:
Comments: The final results are known between the 314 and 1514 day approximately, according to the district. The final counting doesn't starts until 48 hours after the election. In districts with no many voters, it goes on for a day. In the most populous district (9.500.000 voters) it can goes on for 10/15 days, according to the complexity of the election and the appeals presented. In the case of presidential elections, law orders that the final counting must be finished in ten days running.
Source:
Verified: 2021/12/26
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance c . Based on result of previous election
Comments:
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 43 sexies: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019)
Verified: 2021/12/26
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments:
Source: Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 64 decies: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Cipe Development Blog "Will Argentina’s First-Ever Presidential Debate Help Change Politics for the Better?" http://www.cipe.org/blog/2015/10/07/will-argentinas-first-ever-presidential-debate-help-change-politics-for-the-better/#.Vif7U36rS70 (2015)
Verified: 2021/12/26
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
e . 8-9 days
Comments: No means of communication, be they audiovisual, broadcasting, graphics, internet, or other are to be broadcasted 8 days before the general election. Results of surveys, opinion polls, or election projections may be published.
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 44 quáter: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019)
Verified: 2021/12/26
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
b . After all polls close, before official results are available
Comments:
Source:
Verified: 2021/12/26
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments:
Source:
Verified: 2021/12/26
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
d . Not applicable
Comments:
Source: Law for Financing Political Parties: “Ley de Financiamiento de los partidos políticos — Ley 26215”, art. 43 bis: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-26215-financiamiento-pp-pp-2019/ (2019)
Verified: 2021/12/26
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Citizens have the right of initiative to introduce bills in the Chamber of Deputies. Congress shall consider them within the term of twelve months.
Congress, on the initiative of the Chamber of Deputies, may submit to referendum a bill. Call law can not be vetoed. An affirmative vote by the people of the nation will be automatic.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 39 & 40: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: At the initiative of the House of Deputies, Congress may submit a bill to popular consultation.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 40: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Referendum Law: "Ley de Consulta popular vinculante y no vinculante — Ley 25432": http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-25432-referendum-2012/ (2019)
Verified: 2021/12/26
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 39: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Citizens shall have the right to introduce bills before the House of Deputies. Congress shall consider them within the term of twelve months. Congress shall enact, with the vote of the absolute majority of all the members of each House, a regulatory law that cannot demand more than three percent of the national voters register. This shall be consistent with an adequate territorial distribution in order to support the initiative. Bills referring to constitutional reform, international treaties, taxation, budget, and criminal legislation shall not originate in popular initiatives.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 39: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Law on Agenda Initiatives: "Ley de Iniciativa Legislativa Popular": http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-24747-iniciativa-legislativa-popular-1996/
Verified: 2021/12/26
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 39 & 40: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
a . Ban on paid signature collectors b . Ban on payment per signature
Comments:
Source: Artículo 5 de la ley 24.747
Verified: 2021/12/26
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
b . Sample of signatures checked
Comments:
Source:
Verified: 2021/12/26
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
d . Other (specify)
Comments:
Source:
Verified: 2021/12/26
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
f . Other (specify)
Comments:
Source:
Verified: 2021/12/26
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments:
Source: La iniciativa legislativa ciudadana: articulo 39 de CN y ley específica 24.747.
Verified: 2021/12/26
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
h . None
Comments:
Source:
Verified: 2021/12/26
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
b . Expenditure limits c . Contribution limits d . Restrictions on the sources of contributions e . Disclosure requirements
Comments:
Source: La Ley 24.747 en su art.14.
Verified: 2021/12/26
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
f . None
Comments:
Source:
Verified: 2021/12/26
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
d . Legislature e . Other (specify who)
Comments:
Source: Ley 24.747
Verified: 2021/12/26
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
b . Yes, in some regions/states/provinces
Comments:
Source:
Verified: 2021/12/26
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
b . Yes, in some regions/states/provinces
Comments:
Source:
Verified: 2021/12/26
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments:
Source:
Verified: 2021/12/26
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
b . Legislative proposals
Comments:
Source:
Verified: 2021/12/26
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
j . Other (specify)
Comments:
Source: Artículo 39 de la Constitución Nacional
Verified: 2021/12/26
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments:
Source:
Verified: 2021/12/26
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
a . Proposed title b . General explanation of purpose c . Full proposed text
Comments:
Source: Artículo 5 de la ley 24.747 (iniciativa legislativa ciudadana)
Verified: 2021/12/26
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD053
Question: Who determines the title of an agenda initiative?
Answer:
a . Proponents of the initiative
Comments:
Source: Articulo 5 de la ley 24.747
Verified: 2021/12/26
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
a . Inconsistency with proposed content c . Discriminatory or inflammatory statements e . Incomprehensibility
Comments:
Source: Art. 5 de la ley 24.747
Verified: 2021/12/26
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
a . An automatic check is part of the initiative process
Comments:
Source:
Verified: 2021/12/26
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
d . Legislature e . Judiciary f . Other (specify)
Comments:
Source: Artículo 6 de la antedicha ley
Verified: 2021/12/26
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD063
Question: Who decides the final ballot text?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/08/23
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
b . Signatories must be registered electors in a specific electoral district
Comments:
Source: Art. 4 de la ley 24.747
Verified: 2021/12/26
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD086
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD087
Question: Where can proposals for an abrogative referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
a . Anywhere
Comments:
Source:
Verified: 2021/12/26
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
c . Other (specify)
Comments:
Source:
Verified: 2021/12/26
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: At the initiative of the House of Deputies, Congress may submit a bill to popular consultation. The law calling said consultation shall not be vetoed. With the affirmative vote of the people of the Nation, the bill shall become a law and its promulgation shall be automatic. Congress or the President of the Nation, according to their respective powers, shall call a non-binding popular consultation. In this case voting shall not be compulsory. With the vote of the absolute majority of all the members of each House, Congress shall regulate the subjects, procedures and time of the popular consultation.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 40: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019);
Referendum Law: "Ley de Consulta popular vinculante y no vinculante — Ley 25432": http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-25432-referendum-2012/ (2019)
Verified: 2021/12/26
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Bills referring to constitutional reform, international treaties, taxation, budget, and criminal legislation shall not originate in popular initiatives.
Source: Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 40: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Verified: 2021/12/26
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Since 1996, Argentine legislation has provided the basic rules of a
direct democracy mechanism: the signatures of 1.5 per cent of the electorate – about 400,000 registered electors – are required to bring a legislative proposal forward to the national parliament.
Source: International IDEA: "Direct Democracy: The International IDEA Handbook" Page 91. http://www.idea.int/publications/direct_democracy/upload/direct_democracy_handbook_chapter4.pdf (2008).
Verified: 2021/12/26
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
f . 1981-2000
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2021/12/26
DD133
Question: What year was the first referendum/initiative held?
Answer:
f . 1981-2000
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2021/12/26
Voting Operations
VO001
Question: Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
Answer:
a . 91-100%
Comments:
Source:
Verified: 2021/12/26
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments: El Código Electoral fija los deberes y obligaciones.
Source: Law Nº 19.945.
Verified: 2021/12/26
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments: Voters may vote only at the polling station on whose list they appear. Exceptional cases are that of electoral prosecutors who may vote at the tables where they carry out their work, as long as they are in the section to which they belong. The same case occurs with the polling station authorities and their alternates, who can vote at the polling station where they exercise their functions even though it is not their responsibility to vote there. In addition, the legislation allows the vote of Argentines residing abroad.
Source: Ley N° 19945, Código Nacional Electoral, art. 86: http://www.elecciones.gov.ar/normativa/archivos/codigo_electoral_nacional_19945.pdf (2012)
Verified: 2021/12/26
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country
Comments: Argentine citizens who, effectively and permanently residing outside the national territory, are voters in accordance with the provisions of the National Electoral Code and register in the Register of Resident Voters Abroad, may vote in national elections.
Source: Ley N° 24007 para el voto de los argentinos en el exterior, art. 1: http://www.elecciones.gov.ar/normativa/archivos/LEY_24007.pdf (1991)
Verified: 2021/12/26
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates
Comments: Votes will be counted in diplomatic and consular representations.
Source: Ley N° 24007 para el voto de los argentinos en el exterior, art. 3: http://www.elecciones.gov.ar/normativa/archivos/LEY_24007.pdf (1991)
Verified: 2021/12/26
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
Source: Law No. 19.945.
Verified: 2021/12/26
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/26
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/26
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments: Each circuit will be divided into tables, which will be constituted with up to three hundred and fifty (350) registered voters.
Source: Article 41 Law No. 19.945
Verified: 2021/12/26
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine
Comments: The voter must approach the receiving table where they are to vote. The authority of the table or the alternate verifies the data of the voter. The voter then goes to the dark room where he selects the ballot of his preference by placing it in an envelope. This envelope is placed in the ballot box.
Source: Ley N° 19945, Código Electoral Nacional, art. 94: http://www.elecciones.gov.ar/normativa/archivos/codigo_electoral_nacional_19945.pdf (2021);
Law 26.774, B.O. 02/11/2012: http://www.elecciones.gov.ar/normativa/archivos/ley_26744_ciudadania_argentina.pdf (2021)
Verified: 2021/12/26
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