Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: Article 12
Constituencies
2 - The mainland constituencies match the areas of the administrative districts, are called by the same names and have their capitals as their seats.
3 - There is a constituency in the Madeira Autonomous Region and a constituency in the Azores Autonomous Region, and they are called by those names and have their seats in Funchal and Ponta Delgada respectively. 4 - Electors who reside outside Portuguese territory are grouped into two constituencies, one of which covers the whole of the territory of the European countries, and the other the remaining countries and the territory of Macao, and both have their seat in Lisbon.
Source: Law governing Elections to the Assembly of the Republic, Article 12:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries
Comments: Article 12(2):
The mainland constituencies match the areas of the administrative districts, are called by the same names and have their district capitals as their seats.
Source: Law governing Elections to the Assembly of the Republic, Article 12 (2):
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
h . Not applicable
Comments: Article 149:
1. Members of the Assembly of the Republic are elected for constituencies that shall be geographically defined by law. The law may order the creation of plurinominal and uninominal constituencies and lay down the nature and complementarity thereof, in such a way as to ensure that votes are converted into numbers of seats in accordance with the proportional representation system and using D’Hondt’s highest-average rule.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 149 (1): https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/07/03
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 121
(Election)
1. The President of the Republic is elected by the universal, direct and secret suffrage of Portuguese
citizens who are registered to vote in Portuguese territory and, in accordance with the following
paragraph, of Portuguese citizens who reside abroad.
Article 126
(Electoral system)
1. The candidate who receives more than half of the validly cast votes shall be elected President of the
Republic. Blank ballot papers are considered not to have been validly cast.
2. If none of the candidates obtains this number of votes, a second ballot shall be held within twenty-one
days of the first one.
3. Only the two candidates who received most votes in the first ballot and have not withdrawn their
candidatures shall stand in the second ballot.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Articles 120, 121(1), 126:
https://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx - Portuguese
https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf - English
Verified: 2024/10/26
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: Article 133
(Competences in relation to other entities)
In relation to other entities and organs the President of the Republic has the competences:
f) To appoint the Prime Minister pursuant to Article 187(1);
Article 187
(Formation)
1. The President of the Republic appoints the Prime Minister after consulting the parties with seats in
Assembly of the Republic and in the light of the electoral results.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Articles 133 (f), 187(1):
https://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx - Portuguese
https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf - English
Verified: 2024/10/26
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Article 120
(Definition)
The President of the Republic represents the Portuguese Republic, guarantees national independence, the
unity of the state and the proper operation of the democratic institutions, and is ex officio Commander-inChief of the Armed Forces.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Articles 120-140:
https://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx - Portuguese
https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf - English
Verified: 2024/10/26
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: In Portugal, the national legislature consists of one chamber, known as the Assembly of the Republic (Assembleia da República).
Article 147
(Definition)
The Assembly of the Republic is the assembly that represents all Portuguese citizens.
Article 148
(Composition)
The Assembly of the Republic shall have a minimum of one hundred and eighty and a maximum of two
hundred and thirty Members, as laid down by electoral law.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Articles 147, 148, 149:
https://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx - Portuguese
https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf - English
Verified: 2024/10/26
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: Article 113
(General principles of electoral law)
5. Votes are converted into seats in harmony with the principle of proportional representation.
Article 149
(Constituencies)
1. Members of the Assembly of the Republic are elected for constituencies that shall be geographically defined by law. The law may order the creation of plurinominal and uninominal constituencies and lay down the nature and complementarity thereof, in such a way as to ensure that votes are converted into numbers of seats in accordance with the proportional representation system and using d’Hondt’s highest average rule.
Article 151
(Nominations)
1. Nominations are submitted by political parties as laid down by law. Parties may submit nominations
individually or in coalition, and the lists may include citizens who are not registered members of the
respective parties
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Articles 113(5), 149 (1), and 151 (1):
https://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx - Portuguese
https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf - English
Verified: 2024/10/26
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: General principles of electoral law are included in the Constitution. A separate legislative act called "Law governing Elections to the Assembly of the Republic" provides more detailed regulation as in accordance with Article 164(d) and Article 167(f) of the Constitution the Assembly of the Republic.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 113: https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections d . Referendums e . Other
Comments: Other: Legislative Initiative by Citizens, Legal Regime governing Referenda
Source: https://www.parlamento.pt/sites/EN/Parliament/Paginas/Legislation.aspx - important documents to access.
Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 120-132, 167, 231,235-243, 260:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Article 49:
1. Every citizen who has attained the age of eighteen years has the right to vote, subject to the incapacities provided for in the general law.
2. The right to vote shall be exercised personally and constitutes a civic duty.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 49: https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/26
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: Constitution:
Article 113:
7. The competence to judge the correctness and validity of electoral procedural acts pertains to the courts.
Law governing Elections to the Assembly of the Republic:
Article 117:
Judicial appeals
1 - Irregularities that occurred during voting or the partial or general counts may be considered
in a judicial appeal, on condition that they were the object of a challenge or protest lodged at
the time of the act in which they occurred.
Article 118:
Competent court, procedure and time limits
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 113 (7): https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic, Articles 117-118: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/26
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 d . Other kinds of elections (church, union, etc.) Please specify.
Comments: Other: European Parliament elections and referendums.
"Superior body of the electoral administration with competence to discipline and supervise all acts of registration and electoral operations for sovereign elective bodies, autonomous regions and local authorities and for the European Parliament, as well as in the context of referendums."(CNE)
THE COMMISSION IS AN INDEPENDENT BODY, WORKS WITH THE ASSEMBLY OF THE REPUBLIC AND IS GOVERNED BY LAW NO. 71/78, OF 27 DECEMBER. (CNE)
Source: National Elections Commission, Bylaws and Composition:
https://www.cne.pt/content/estatuto-e-composicao
Verified: 2024/10/10
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: Article 9:
The costs of running the National Elections Commission are covered by the budget allocated to the Assembly of the Republic, to which the Commission may request the premises and the technical and administrative support it needs for its operation.
Source: Law No. 71/78, of 27 December, Creates the National Electoral Commission, Article 9:
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: Article 9:
The costs of running the National Elections Commission are covered by the budget allocated to the Assembly of the Republic, to which the Commission may request the premises and the technical and administrative support it needs for its operation.
Source: Law no. 71/78, of 27 December, Creates the National Electoral Commission, Article 9:
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
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: Article 3 (2):
The members of the National Elections Commission remain in office until the new Commission takes office.
Article 4 (1):
The members of the National Elections Commission are irremovable and independent in the exercise of their functions.
Source: Law no. 71/78, of 27 December, Creates the National Electoral Commission, Article 3(2) and 4(1):
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: Article 1 (2):
2. The National Elections Commission is an independent body and works with the Assembly of the Republic.
Source: Law No. 71/78, of 27 December, Creates the National Electoral Commission, Article 1 (2):
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: 11 members.
Source: National Elections Commission, Members of the 16th Commission:
https://www.cne.pt/content/membros-da-16a-comissao
Verified: 2024/10/10
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: Article 2:
The National Election Commission is composed of:
a) A counselor judge of the Supreme Court of Justice, to be appointed by the Superior Council of the Judiciary, who will be the president;
b) Citizens of recognized merit, to be designated by the Assembly of the Republic, included in a list and proposed one by each parliamentary group;
c) One technician designated by each of the government departments responsible for Internal Administration, Foreign Affairs and the Media.
Source: Law No. 71/78, of 27 December, Creates the National Electoral Commission, Article 2:
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
c . Executive e . Legislature f . Judiciary
Comments: Article 2:
The National Election Commission is composed of:
a) A counselor judge of the Supreme Court of Justice, to be appointed by the Superior Council of the
Judiciary, who will be the president;
b) Citizens of recognized merit, to be designated by the Assembly of the Republic, included in a list
and proposed one by each parliamentary group;
c) One technician designated by each of the government departments responsible for
Internal Administration, Foreign Affairs and the Media.
Source: Law No. 71/78, of 27 December, Creates the National Electoral Commission, Article 2:
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
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 k . Other
Comments: Article 71
Civic clarification
Acting via Radiotelevisão Portuguesa, Radiodifusão Portuguesa, the press and/or any other
means of information, the National Electoral Commission is responsible for promoting the
objective clarification of citizens about the significance of the elections to the life of the country,
about the election process and about the voting process
The Ministry of Internal Administration:
"The Ministry of Internal Administration (in portuguese: Ministério da Administração Interna or MAI), is the Portuguese government ministry responsible for ... the electoral administration ..."
Source: Law governing Elections to the Assembly of the Republic, Article 71: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
The Official Website of The Ministry of Internal Administration:
https://www.portugal.gov.pt/en/gc21/ministries/internal-administration/about
Verified: 2024/10/10
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: Article 71
Civic Clarification
Through Radiotelevisão Portuguesa, Radiodifusão Portuguesa, the press, and/or any other means of communication, the National Electoral Commission is responsible for promoting the objective clarification of citizens about the significance of the elections for the life of the country, the electoral process, and the voting process.
Chapter II
Competence and Operation
Article 5
Competence
1 – It is the responsibility of the National Elections Commission to:
a) Promote the objective clarification of citizens regarding electoral acts,
particularly through the media.
Source: Law governing Elections to the Assembly of the Republic, Article 71:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Law No. 71/78, of December 27, Establishes the National Elections Commission, Article 5 (1 a-j): https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
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
Comments: Article 71
Civic Clarification
Through Radiotelevisão Portuguesa, Radiodifusão Portuguesa, the press, and/or any other means of communication, the National Electoral Commission is responsible for promoting the objective clarification of citizens about the significance of the elections for the life of the country, the electoral process, and the voting process.
Chapter II
Competence and Operation
Article 5
Competence
1 – It is the responsibility of the National Elections Commission to:
a) Promote the objective clarification of citizens regarding electoral acts,
particularly through the media;
b) Ensure equal treatment of citizens in all acts of registration and electoral operations.
Source: Law governing Elections to the Assembly of the Republic, Article 71:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Law No. 71/78, of December 27, Establishes the National Elections Commission, Article 5 (1 a-j): https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Article 49
(Right to vote)
1. Every citizen who has attained the age of eighteen years has the right to vote, subject to the incapacities
provided for in the general law.
2. The right to vote shall be exercised personally and constitutes a civic duty.
Article 1
Eligibility to vote
1 - Portuguese citizens over the age of eighteen years are eligible to vote.
2 - Portuguese who are also held to be citizens of another state do not lose the eligibility to vote
because of that fact.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 49: https://ecnl.org/sites/default/files/files/2021/PortugalConstitution.pdf
Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Article 1:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
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
Comments: Article 49
(Right to vote)
1. Every citizen who has attained the age of eighteen years has the right to vote, subject to the incapacities
provided for in the general law.
2. The right to vote shall be exercised personally and constitutes a civic duty.
Article 1
Eligibility to vote
1 - Portuguese citizens over the age of eighteen years are eligible to vote.
2 - Portuguese who are also held to be citizens of another state do not lose the eligibility to vote
because of that fact.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 49: https://ecnl.org/sites/default/files/files/2021/PortugalConstitution.pdf
Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Article 1:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
a . Central Government Department (specify)
Comments: Article 11
Organization, Management, Monitoring, and Supervision of the Voter Registration Database (BDRE)
1 - The organization, maintenance, and management of the BDRE are the responsibility of the Technical Secretariat for Electoral Affairs (STAPE) of the Ministry of Internal Affairs.
2 - In each electoral registration geographic unit, the electoral registration commissions are responsible for the organization, maintenance, and management of their respective computerized files, without prejudice to the provisions in the previous paragraph and in paragraphs 1 and 3 of Article 10.
3 - The National Data Protection Commission (CNPD) oversees and supervises the operations referred to in the previous paragraphs.
Source: Law no. 13/99 of 22 March 1999 regulating electoral registration, Article 3(1-3), 11(1-3):
https://diariodarepublica.pt/dr/detalhe/lei/13-1999-150518
Official Website of Ministry of Internal Administration, Secretary General: https://www.sg.mai.gov.pt/AdministracaoEleitoral/FAQs/RecenseamentoEleitoral/Paginas/default.aspx
Verified: 2024/10/10
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Article 113 of the Constitution:
2. Without prejudice to the provisions of Articles 15(4) and (5) and 121(2), electoral registration is
conducted at the initiative of the citizen and is compulsory and permanent, and there is a single
registration system for all elections that are held by direct, universal suffrage.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 113(2): https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Official Website of Ministry of Internal Administration, Secretary General:
https://www.sg.mai.gov.pt/AdministracaoEleitoral/FAQs/RecenseamentoEleitoral/Paginas/default.aspx
Verified: 2024/10/10
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: Article 14: Recognition of a political party, with the attribution of a legal persona, and the commencement of its activities are dependent on the party’s entry on the register kept at the Constitutional Court.
Article 15 (1): Applications to register a political party must be made by at least 7,500 registered electors.
Source: Law governing Political Parties, Articles 14, 15(1): https://www.parlamento.pt/sites/EN/Parliament/Documents/LEGartigoleipartidos_ENmaio2018.pdf
Verified: 2024/10/10
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 f . Registration
Comments: Article 4: Portuguese citizens who are registered electors are eligible for election to the Assembly of the Republic.
Article 1:
Eligibility to vote
1 - Portuguese citizens over the age of eighteen years are eligible to vote.
Source: Law governing Elections to the Assembly of the Republic, Article 4, 1: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: For the Presidency of the Republic, candidates are independent individuals and are not required to run as representatives of any specific political party.
In the case of legislative elections: "Nominations are submitted by political parties acting alone or in coalition and are subject to registration of the party or coalition by the beginning of the period for submitting nominations, and lists may include citizens who are not registered members of the respective parties." (Article 21 (1))
Source: Law governing Elections to the Assembly of the Republic, Article 21(1): https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Article 2
Sources of Funding
The sources of funding for the activities of political parties include their own revenues as well as other funds from private financing and public subsidies.
Source: Law No. 19/2003, June 20th, Article 2:
https://dre.pt/dre/detalhe/lei/19-2003-692850
Verified: 2024/10/10
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: Article 5 (1):
Public funding subsidy for political parties
Each party that has participated in the electoral act, even if in coalition, and that obtains representation in the Assembly of the Republic, is granted, under the terms of the following numbers, an annual subsidy, provided that it requests it from the President of the Assembly of the Republic.
Article 5 (5):
Public funding subsidy for political parties
The subsidy provided for in the previous numbers is also granted to parties that, having run for election to the Assembly of the Republic and not having obtained parliamentary representation, obtain a number of votes greater than 50,000, provided that they request it from the President of the Assembly of the Republic.
Source: Law No. 19/2003, June 20th, Article 5(1,5):
https://dre.pt/dre/detalhe/lei/19-2003-692850
Verified: 2024/10/10
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Article 2
Sources of Financing
The sources of financing for the activities of political parties include their own revenues as well as other funds from private financing and public subsidies.
Source: Law No. 19/2003, June 20th, Article 2:
https://diariodarepublica.pt/dr/detalhe/lei/19-2003-692850
Verified: 2024/10/10
Vote Counting
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: Article 100.
Preliminary Operation
Once the voting is closed, the president of the assembly or voting section counts the unused ballots and those invalidated by the voters, and places them in a proper envelope, which is then sealed and stamped for the purposes of paragraph 8 of Article 95.
Article 101.
Counting of In-Person Voting Abroad:
...
Article 102.
Counting of Votes:
...
Source: Electoral Law of the Assembly of the Republic, Law No. 14/79, of May 16, Articles 100, 101, 102: https://www.cne.pt/sites/default/files/dl/legis_lear_consolidada_2020-11.pdf
Electoral Legislation:
https://www.cne.pt/content/legislacao-eleitoral
Verified: 2024/10/26
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
b . Always recounted e . Court order
Comments: Article 107.
General Counting of the District
The counting of the election results in each electoral district and the proclamation of the elected candidates are the responsibility of a general counting assembly, which begins its work at 9 a.m. on the second day following the election, at the location designated for this purpose by the president of the general counting assembly.
Source: Electoral Law of the Assembly of the Republic, Law No. 14/79, of May 16, Articles 106, 107, 117: https://www.cne.pt/sites/default/files/dl/legis_lear_consolidada_2020-11.pdf
Electoral Legislation:
https://www.cne.pt/content/legislacao-eleitoral
Verified: 2024/10/26
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):
b . Based on number of candidates put forward in present elections
Comments: Article 63 (1):
The broadcasting times reserved by Radiotelevisão Portuguesa, S.A., by private television stations, by Radiodifusão Portuguesa, S.A. linked to all its broadcasters, and by private radio stations with a national scope shall be allocated proportionately to those political parties and coalitions which have put forward at least twenty-five per cent of the total number of candidates and are running in the same percentage of the total number of constituencies.
Source: Law governing Elections to the Assembly of the Republic, Article 63(1):
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
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:
Verified: 2024/10/10
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:
h . Not applicable
Comments: Article 60:
The prohibition on divulging opinion polls was repealed.
Source: Law governing Elections to the Assembly of the Republic, Article 60: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: The limit applies to overall campaign expenses but not necessarily to paid advertising.
Article 19(3):
3 - The payment of campaign expenses must be made exclusively by bank instrument, in accordance with Article 9, except for expenses of an amount lower than one national minimum monthly wage, provided that during this period these do not exceed the total value of 2% of the limits set for campaign expenses.
Source: Law No. 19/2003, of June 20, Article 19(3):
https://dre.pt/dre/detalhe/lei/19-2003-692850
Verified: 2024/10/10
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:
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167: https://ecnl.org/sites/default/files/files/2021/PortugalConstitution.pdf
Legislative Initiative by Citizens: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda: https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The establishment of administrative regions is subject to mandatory referendum.
Source: European Commission for Democracy through Law (Venice Commission), Referendums in Europe - An Analysis of the Legal Rules in European States (2005), page 7; Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 255, 256: https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Article 115(1):
Upon a proposal submitted by the Assembly of the Republic or the Government in relation to matters that fall within their respective competences, in the cases provided for and as laid down in the Constitution and the law, the President of the Republic may decide to call upon citizens who are registered to vote in Portuguese territory to directly and bindingly pronounce themselves by referendum.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115(1):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Legislative Initiative by Citizens, Article 1:
The present Law regulates the terms and conditions under which groups of registered electors exercise the right to initiate legislation at the Assembly of the Republic in accordance with Article 167 of the Constitution, together with their participation in the legislative procedure to which they have given rise.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Consitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Article 115(11):
Referenda only have binding effect when the number of voters exceeds half the number of registered electors.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115(11):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
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:
b . Only other issues than constitutional changes
Comments: Article 115(4):
The following are excluded from the scope of referenda:
a) Amendments to the Constitution;
b) Questions and acts with a budgetary, tax-related or financial content;
c) The matters provided for in Article 161 of the Constitution, without prejudice to the provisions of the following paragraph;
d) The matters provided for in Article 164 of the Constitution, except for the provisions of subparagraph (i)
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115(4):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Article 240:
1. In the cases, under the terms and with the efficacy laid down by law, local authorities may submit matters that are included in the competences of their organs to referendum the respective registered electors. 2) The law may attribute the right to initiate referenda to registered electors.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 240:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
Voting Operations
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 d . At specially designated polling stations e . At mobile polling stations f . By mail
Comments: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979:
Article 79
Casting a vote
Article 79-A
Advance mobile voting
Article 79-B
Advance voting
Article 79-C
Casting a mobile vote in advance in national territory
Article79-D
Casting a vote in advance by hospital patients and prisoners
Article 79-E
Casting a vote in advance by electors who are abroad
Article 84
Location in which the right to vote is exercised
Article 85
Information on the place where voting takes place
OSCE Office for Democratic Institutions and Human Rights Needs Assessment Mission Report, 22-26 November 2021, page 4-6:
"In November 2020, legislative changes were introduced due to the COVID-19 pandemic, which expanded opportunities for early voting and allowed for voting in self-isolation for all elections and referenda scheduled to take place in 2021. In November 2021, these amendments were extended for the 2022 elections... Voting is conducted in-person, and voters have multiple possibilities to cast their ballots. In addition to election-day voting at polling stations, early and mobile voting options are available. Voters abroad can also cast their ballot by post."
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Articles 79(A-G), Article 84 and Article 85: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
OSCE Office for Democratic Institutions and Human Rights Needs Assessment Mission Report, 22-26 November 2021, page 4-6: https://www.osce.org/files/f/documents/0/e/508898.pdf
Verified: 2024/10/10
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff g . Other
Comments: Article 79-E
Casting a vote in advance by electors who are abroad
Article 79-F
Right of choice of electors residing abroad
Article 79-G
Voting by post by electors residing abroad
Article 84
Location in which the right to vote is exercised
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Articles 79(E-G) and Article 84: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Am I registered?
https://www.portaldoeleitor.pt/pt/Eleitor/EstouRecenseado/Pages/default.aspx
Voter portal:
https://www.portaldoeleitor.pt/pt/Pages/default.aspx
Verified: 2024/10/10
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 c . Special polling stations e . By mail
Comments: Article 42
Location of polling stations
Article 42-A
Polling stations are established as follows:
a) In consular posts and sections, including honorary consulates with powers to register voters, in the external delegations of Portuguese ministries and public institutions;
b) If strictly necessary, in other places where it is possible to ensure the oversight of electoral operations by delegates of at least two of the candidates.
Article 79-G
Voting by post by electors residing abroad
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 42, Article 42-A and Article 79-G:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Voter portal:
https://www.portaldoeleitor.pt/pt/Pages/default.aspx
ORGANIZATION of the ELECTORAL PROCESS ABROAD, Decree-Law No. 95-C/76, of 30 January 1976:
https://www.cne.pt/sites/default/files/dl/legis_95-c-76-processo-estrangeiro-2012.pdf
Verified: 2024/10/10
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Article 96
Manner in which each elector votes
1 - Each voter, appearing in the polling station, gives their name and hands over their civil
identification document to the president, if they have one.
2 - In the absence of a civil identification document, the identification of the voter shall be
checked by means of any other official document containing a current photograph, or by two
voters who certify the individual’sidentity on their word of honour, or by unanimous recognition
of the polling station officers.
3 - Once the voter has been identified, the presiding officer says their name and civil
identification number aloud and, after checking the registration, gives them a voting slip.
4 - Whenever a voter requests a Braille template of the voting slip, it is given to the voter,
overlaying the voting slip so that they can read it and cast their vote with a cross in the contour
of the square of the list corresponding to their voting choice.
5 - The voter then enters the voting booth in the polling station and there, alone, marks a cross
in the respective square of the list they are voting for and folds the voting slip into four.
6 - Returning to the ballot table, the voter hands the ballot to the presiding officer, who inserts
it into the ballot box, while the tellers note that elector has voted by initialling the column in the
electoral rolls and the line corresponding to the voter's name, intended for the purpose.
7 - After voting, any elector who asked for the Braille voting slip template returns it to the ballot
table.
8 - If a voter accidentally spoils the voting slip they must ask for another one from the presiding
officer, and give back the first one. The presiding officer shall write “spoiled” on the returned
voting slip, initial it and retain it for the purposes of Article 95(8).
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 96:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
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