Info
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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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
e . Not applicable
Comments: The constituencies correspond to the country's administrative districts.
Source: Electoral Law No. 14/79 of 16 May 1979 as amended, Article 12(b):
http://www.en.parlamento.pt/Legislation/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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments: The constituencies correspond to the country's administrative districts.
Source: Electoral Law No. 14/79 of 16 May 1979 as amended, Art. 12(b):
http://www.en.parlamento.pt/Legislation/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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments: The constituencies correspond to the country's administrative districts.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 12(b):
http://www.en.parlamento.pt/Legislation/LeiEleitoralARen.pdf
Verified: 2024/10/10
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
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source:
Verified: 2024/10/10
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments:
Source:
Verified: 2024/10/26
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level b . Specially delimited constituencies
Comments:
Source:
Verified: 2024/10/26
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2024/07/02
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:
Verified: 2024/07/02
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source:
Verified: 2024/10/10
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:
Source:
Verified: 2024/07/02
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:
Source:
Verified: 2024/10/10
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:
a . No minimum
Comments:
Source:
Verified: 2024/07/02
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: 2024/10/10
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) b . Elections can be called at any time (specify by whom)
Comments:
Source:
Verified: 2024/07/02
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2024/10/10
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source:
Verified: 2024/07/02
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Verified: 2024/10/10
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
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: Law no. 14/79 of 16 May 1979,
(Declarations of Rectification of 17 August 1979 and 10 October 1979),
as amended by
Decree-Law no. 400/82 of 23 September 1982,
Law no. 14-A/85 of 10 July 1985,
Decree-Law no. 55/88 of 26 February 1988, Law no. 5/89 of 17 March 1989,
Law no. 18/90 of 24 July 1990, Law no. 31/91 of 20 July 1991,
Law no. 72/93 of 30 November 1993,
Law no. 10/95 of 7 April 1995, Law no. 35/95 of 18 August 1995,
Organic Law no. 1/99 of 22 June 1999, Organic Law no. 2/2001 of 25 August 2001,
Organic Law no. 3/2010 of 15 December 2010,
Organic Law no. 1/2011 of 30 November 2011, Law no. 72-A/2015 of 23 July 2015,
Organic Law no. 10/2015 of 14 August 2015,
Organic Law no. 3/2018 of 17 August 2018,
and Organic Law no. 4/2020 of 11 November 2020
Source: 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
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: Article 19
Scheduling elections
1 - The President of the Republic shall schedule the date of elections for Members of the
Assembly of the Republic at least sixty days in advance or, in cases of dissolution, at least fiftyfive
days in advance.
2 - In cases involving elections for a new legislature, the elections shall take place between the
14th of September and the 14th of October of the year in which the existing legislature ends.
Article 20
Election day
1 - Election day shall be the same in every constituency and must fall on a Sunday or national
holiday.
2 - Abroad, voting in person starts on the day before that appointed for the election in national
territory and ends on that day.
3 - Abroad, voting in person on the day before that appointed for the election runs from 8.00
am to 7.00 pm local time and, on election day, from 8.00 am until the time limit for voting in
national territory, and the polling station, in conjunction with the candidates’ delegates is tasked
with ensuring that conditions are in place for freedom of voting throughout the two days of
voting and its interruptions, together with the inviolability of the ballot boxes, which are sealed
at the start of the election process.
Source: Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Articles 19 and 20:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
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):
a . Presidential elections are not held on the same day as national legislative elections
Comments: Article 125:
2. The election may not take place during the ninety days prior to or following the date of elections to the
Assembly of the Republic.
3. In the case provided for in the previous paragraph, the election shall take place during the ten days
following the end of the period set out therein, and the term of office of the outgoing President shall
automatically be extended for the necessary period.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 125 (2,3):
https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf
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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 113 (7): https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters e . Other
Comments: Other: Agents of the candidates
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.
2 - In addition to the person who lodged the challenge, protest or counter-protest, candidates,
their agents and the political parties who are competing for election in the constituency may
appeal against the decision on the challenge or protest in question.
Source: Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Articles 117 (1,2):
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments: Article 118:
4 - The Constitutional Court sitting in plenary shall take the definitive decision on the appeal
within the forty-eight hours following the end of the time limit provided for in the previous
paragraph, and shall immediately communicate its decision to the National Electoral
Commission.
Source: Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Articles 118 (4):
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
c . Government e . Legislature
Comments: The President of the Republic has the competences.
Article 136
(Enactment and veto)
1. Within a time limit of twenty days counting from the receipt of any decree of the Assembly of the
Republic for enactment as a law, or of the publication of the decision in which the Constitutional Court
refrains from pronouncing the unconstitutionality of any norm contained therein, the President of the
Republic must enact the decree, or exercise the right of veto and send a message setting out the grounds
for doing so and requesting that the legislative act be reconsidered.
2. If the Assembly of the Republic confirms its vote by an absolute majority of all the Members of the
Assembly of the Republic in full exercise of their office, the President of the Republic must enact the
legislative act within a time limit of eight days counting from its receipt.
3. However, a majority that is at least equal to two thirds of all Members present and is greater than an
absolute majority of all the Members in full exercise of their office is required to confirm decrees that
take the form of organic laws, as well as to confirm those concerning the following matters:
3 c) Any regulation of the electoral acts provided for in the Constitution that does not take the form of an
organic law
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 136 (3c):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
Electoral Management
EM001
Please provide the following contact information for the national electoral management body:
Name of Institution: Ministry of Internal Administration - Directorate General for Internal Administration; National Electoral Commission.
Website Address:
http://www.portugal.gov.pt/en/the-ministries/ministry-of-internal-administration.aspx
https://www.portugal.gov.pt/pt/gc21/area-de-governo/administracao-interna
http://www.cne.pt/ - National Electoral Commission
Source
Law of the Portuguese Republic on the National Election Commission (Law no 71/78 of 27 December 1978):
https://legislationline.org/taxonomy/term/12592
Verified
2024/07/06
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
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments: Article 1:
2. The National Electoral Commission is independent and works in cooperation with the National Assembly.
Source: National Electoral Commission Law (Law no 71/78 of 27 December 1978) Article 1:
https://www.cne.pt/sites/default/files/dl/legis_cne_lei_71_78.at.pdf
https://legislationline.org/taxonomy/term/12592
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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
f . Judicial appointment
Comments: Article 2:
a) A High Court Judge from the Supreme Justice Tribunal appointed by the Supreme Counsel of Magistrates, which will be the president.
Source: Law of the Portuguese Republic on National Electoral Commission Law (Law no 71/78 of 27 December 1978) Article 2(a):
https://legislationline.org/taxonomy/term/12592
Law No. 71/78, of 27 December, Creates the National Electoral Commission, Article 2(a):
https://www.cne.pt/sites/default/files/dl/legis_lei_71-78_lei-da-cne.pdf
Verified: 2024/10/10
EM008
According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
"In accordance with the law on funding of political parties, campaign activities can be financed by
the funds received as state subsidies, private donations from physical persons, fundraising for the
electoral purposes, and contributions from political parties to the candidates they support. The
law provides those expenses incurred during the six months before the elections for the purpose of
electoral benefits are counted as campaign-related expenses, and their total amount is capped at 60
national monthly minimum wages (35,340 EUR in 2015) per candidate contesting the elections.
Following the elections, political parties that nominated candidates for more than half of the seats
in the parliament and won at least one of them are eligible to receive state subsidy which aims to
refund the costs incurred during the campaign. Twenty thousand minimum monthly wages
(11,780,000 EUR in 2015) will be distributed between all eligible parties, with 20 per cent
divided equally between them and the rest proportionately allocated based on electoral results."(OSCE)
"In 2016 the total money spent on presidential campaigning was 3,355,160 EUR."
Source
Portugal Parliamentary Elections 4 October OSCE/ODIHR Needs Assessment Mission Report, September 2015, page 6:
https://www.osce.org/odihr/elections/portugal/426578?download=true
Elections for the President of the Republic 2016, Budgets per candidate:
http://www.tribunalconstitucional.pt/tc/contas_eleicoes-pr-2016.html#1103
Elections for the President of the Republic 2021, Budgets per candidate:
http://www.tribunalconstitucional.pt/tc/contas_eleicoes-pr-2021.html#1103
Verified
2024/07/06
EM009
What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
National parliamentary elections (4 October 2015) there were 9,682,553 total registered voters.
National presidential election (24 September 2016) there were 9,741,377 total registered voters.
National parliamentary elections (06 Oct 2019) there were 9,343,084 total registered voters.
Portuguese Presidency (24 Jan 2021) there were 10,847,434 total registered voters.
National parliamentary elections (30 JAN 2022) there were 10,818,226 total registered voters.
National parliamentary elections (10 MARCH 2024) there were 9,298,390 total registered voters.
Source
IFES Election Guide: Democracy Assistance and Election News:
https://www.electionguide.org/countries/id/174/
Verified
2024/07/06
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
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 h . Other
Comments:
Source: Official web page of the National Electoral Committee:
https://www.cne.pt/content/plano-de-atividades
Verified: 2024/10/10
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement g . Internet h . Handouts (printed material)
Comments:
Source: Official web page of the National Electoral Committee:
https://www.cne.pt/content/plano-de-atividades
Verified: 2024/10/10
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
g . Other
Comments:
Source: Official web page of the National Electoral Committee:
https://www.cne.pt/content/plano-de-atividades
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration d . Mental disability h . Other
Comments: Article 2
Ineligibilities to vote
The following are not eligible to vote:
a) Repealed;
b) Persons who clearly have a limitation or seriously impaired mental functions, even if they
are not subject to monitoring, when they are admitted to a psychiatric establishment or
declared as such by a board of two doctors;
c) Persons who are deprived of political rights by a judicial decision that has transited in rem
judicatam.
Source: Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Article 2:
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
VR005
Question: What is the registration method for national elections?
Answer:
d . Other
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
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments: Article 10
Voter Registration Database
1 - The voter registration database, hereinafter referred to as BDRE, established under Law No. 130-A/97, of December 31, aims to organize and maintain permanently and up-to-date information about citizens registered in the voter registration system.
2 - The BDRE is continuously updated based on information from voter files of the various electoral registration geographic units and communications of deletions provided for in this law.
3 - It is the responsibility of the BDRE to validate all information, in accordance with the provisions of the previous paragraph, ensuring the implementation of the principle of unique registration set forth in Article 7 of this law.
4 - The use of information technology does not affect the respect for fundamental rights of citizens as enshrined in Article 35 of the Constitution of the Portuguese Republic.
Source: Law no 13/99 of 22 March 1999 regulating electoral registration, Article 10(2):
https://diariodarepublica.pt/dr/detalhe/lei/13-1999-150518
Verified: 2024/10/10
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
a . Links to national population records
Comments: Article 10
Voter Registration Database
1 - The voter registration database, hereinafter referred to as BDRE, established under Law No. 130-A/97, of December 31, aims to organize and maintain permanently and up-to-date information about citizens registered in the voter registration system.
2 - The BDRE is continuously updated based on information from voter files of the various electoral registration geographic units and communications of deletions provided for in this law.
3 - It is the responsibility of the BDRE to validate all information, in accordance with the provisions of the previous paragraph, ensuring the implementation of the principle of unique registration set forth in Article 7 of this law.
4 - The use of information technology does not affect the respect for fundamental rights of citizens as enshrined in Article 35 of the Constitution of the Portuguese Republic.
Source: Law no 13/99 of 22 March 1999 regulating electoral registration, Article 10(2):
https://diariodarepublica.pt/dr/detalhe/lei/13-1999-150518
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
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
h . Not applicable
Comments: The national legislature only consists of one chamber.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 150: https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.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
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
l . Not applicable
Comments: The national legislature only consists of one chamber.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 150: https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf
Verified: 2024/10/10
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship f . Registration
Comments: Article 122:
(Eligibility for election)
Citizens of Portuguese origin who are registered to vote and have attained the age of thirty-five are eligible for election.
Article 4:
(Passive Electoral Capacity)
Citizens who are Portuguese electors by birth and are over 35 years old are eligible for the Presidency of the Republic.
State employees or employees of other public legal entities do not need authorization to run for the Presidency of the Republic.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 122: https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf
Decree-Law no 319-A/76 of 3 May 1976, Article 4:
https://diariodarepublica.pt/dr/detalhe/decreto-lei/319-a-1976-655916
Verified: 2024/10/10
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
f . Holding of military office g . Holding of government office n . Holding of other public offices (police etc.) o . Other
Comments: Article 5:
General ineligibilities
The following are ineligible for election to Assembleia da República:
a) The President of the Republic;
b) Repealed;
c) Serving court judges and public prosecutors;
d) Sitting judges who are not covered by the provisions of the previous paragraph;
e) Full-time military personnel and members of militarised forces, while on active service;
f) Serving career diplomats;
g) Persons who are exercising diplomatic functions on the date on which nominations are
submitted, if they are not included in the previous paragraph;
h) Members of the National Electoral Commission.
Article 6:
Special ineligibilities
1 - Directors and heads of tax offices and ministers of any religion or form of worship who possess
jurisdictional powers may not be candidates for the constituency in which they exercise that
activity.
2 - Portuguese citizens who have another nationality cannot be candidates for the constituency
that includes territory of the country to which that nationality pertains, when they hold political
office or high public office equivalent to them in the bodies of the State concerned, according
to the criterion of Portuguese law.
Source: Law governing Elections to the Assembleia da Repúblic, Article 5 and 6:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
f . Holding of military office g . Holding of government office n . Holding of other public offices (police etc.) p . Other
Comments: Certain activities must be ceased, when the candidate is presented (e.g. judges, military officers in command, diplomats, etc).
Article 5
(Ineligibility)
Citizens who are subject to any of the passive electoral disqualifications established in Decree-Law No. 621-B/74, of November 15, are ineligible for the Presidency of the Republic.
Article 6
(Incompatibility with the exercise of private functions)
From the date of submission of candidacies until the day of the election, candidates are entitled to be exempted from exercising their respective functions, whether public or private, with this period counting for all purposes, including the right to remuneration, as effective service time.
Judicial magistrates or public prosecutors in active service, military personnel in command functions, and diplomats who are heads of missions, when candidates, are required to suspend the exercise of their respective functions from the date of submission of their candidacy until the day of the election.
Source: Decree-Law no 319-A/76 of 3 May 1976, Article 5, 6:
https://diariodarepublica.pt/dr/detalhe/decreto-lei/319-a-1976-655916
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
d . Other
Comments: Citizens who are not registered members of the respective parties can be included in the party lists.
Source: Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended. Article 21(1):
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments: The national legislature consists of one chamber only.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 150: https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.pdf
Verified: 2024/10/10
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify) d . Other
Comments: Article 124
(Nominations)
1. Nominations for President of the Republic must be put forward by at least seven thousand five hundred
and at most fifteen thousand registered electors.
2. Nominations must be submitted to the Constitutional Court at least thirty days prior to the date set for
the election.
3. In the case of the death of any candidate, or of any other fact that renders any candidate incapable of
exercising the functions of President of the Republic, the election process shall recommence under terms
to be defined by law.
Source: Constitution of the Portuguese Republic, Seventh Revision, 2005, Article 124 (1,2): https://www.wipo.int/edocs/lexdocs/laws/en/pt/pt045en.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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
b . Between elections
Comments: Article 5:
Public subsidy for the financing of political parties
5 - The subsidy provided in the previous paragraphs is also granted to parties that, having run in the election for the Assembly of the Republic and failing to obtain parliamentary representation, receive more than 50,000 votes, provided they request it from the President of the Assembly of the Republic
Source: Law no. No. 19/2003, June 20th, Article 4, 5, 6, 7, 8, 9:
https://diariodarepublica.pt/dr/detalhe/lei/19-2003-692850
Verified: 2024/10/10
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access d . Other
Comments: Tax exemptions, use of spaces for displaying posters, use of public buildings and state-owned spaces such as halls, playgrounds, sports facilities, and use of concert halls at specially reduced prices.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Article 62-68, 72, 73:
http://www.en.parlamento.pt/Legislation/LeiEleitoralARen.pdf
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities d . Other
Comments: Article 4
Public Financing
The public financing resources for achieving the objectives of political parties are:
a) Subsidies for the financing of political parties;
b) Subsidies for electoral campaigns;
c) Other legally established subsidies.
Source: Law No. 19/2003, June 20th, Article 4,5:
https://diariodarepublica.pt/dr/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
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: 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
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
Comments:
Source: Law No. 19/2003, June 20th, Article 6, 7, 8, 9, 12, 13, 20:
https://diariodarepublica.pt/dr/detalhe/lei/19-2003-692850
Verified: 2024/10/10
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
a . Public disclosure of candidate contributions received b . Public disclosure of candidate expenditure c . Prohibition on candidate funding from foreign sources d . Ceilings on how much money a candidate can raise e . Ceilings on candidate election expenses h . Publication or public access to contribution and / or expenditure reports
Comments:
Source: Law No. 19/2003, June 20th, Article 6, 7, 8, 9, 12, 13, 20:
https://diariodarepublica.pt/dr/detalhe/lei/19-2003-692850
Verified: 2024/10/10
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body b . Regulated body specially created for this purpose d . Other
Comments: CHAPTER IV
Review and Oversight
Article 23
Review by the Constitutional Court
Article 24
Entity for Political Accounts and Financing
Article 25
Composition of the Entity for Political Accounts and Financing
Article 26
Review of the Annual Accounts of Political Parties
Article 27
Review of Electoral Campaign Accounts
CHAPTER II
(SCOPE AND FUNCTIONING)
ARTICLE 5 (h): Overseeing electoral funds and expenses.
Source: Law No. 19/2003, June 20th, Article 23-27:
https://diariodarepublica.pt/dr/detalhe/lei/19-2003-692850
Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Article 5(h):
https://legislationline.org/taxonomy/term/12592
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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2024/07/12
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source:
Verified: 2024/07/12
Media and Elections
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2024/10/10
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments: Published in the D.R. no. 145 (Series I), of 30 of July, Approves the Television Law, which regulates the access to and performance of the television activity.
Source: Law no. No. 27/2007 of 30 July 2007, as amended by Law no. 8/2011 of 11 April 2011:
https://www.anacom.pt/render.jsp?contentId=979660
Verified: 2024/10/10
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/06/13
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments:
Source:
Verified: 2005/06/13
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/13
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/13
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments: Public media must assure a plurality of opinions; in certain cases they avoid taking sides.
Source:
Verified: 2005/06/13
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2012/04/20
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source:
Verified: 2005/06/14
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments: Public media must assure plurality of opinions; in certain cases they avoid taking sides.
Source:
Verified: 2012/04/20
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
b . Independent regulator
Comments: b) The Regulatory Authority for the Media
Source: Law no. No. 27/2007 of 30 July 2007, as amended by Law no. 8/2011 of 11 April 2011, Art. 18
Verified: 2012/04/20
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
b . Private companies c . Non governmental organisations d . Foreigners
Comments:
Source: Law no. No. 27/2007 of 30 July 2007, as amended by Law no. 8/2011 of 11 April 2011, Art. 11
Verified: 2012/04/20
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/14
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law
Comments:
Source: Law no. No. 27/2007 of 30 July 2007, as amended by Law no. 8/2011 of 11 April 2011, Art. 59, 60, 63;
Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
g . EMB by law or regulations
Comments:
Source: Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Art. 5(1)f;
Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME026
Question: What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
Answer(s):
b . Requiring balance in media news coverage of an election
Comments:
Source: Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Art. 5(1)f
Verified: 2012/04/20
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
b . No
Comments:
Source: Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Art. 5(1)f
Verified: 2012/04/20
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
b . Administrative penalty
Comments:
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 132
Verified: 2012/04/20
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
a . Yes
Comments:
Source: Law no. No. 27/2007 of 30 July 2007, as amended by Law no. 8/2011 of 11 April 2011, Art. 65
Verified: 2012/04/20
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
b . No
Comments:
Source:
Verified: 2005/06/14
ME033
Question: Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
Answer:
a . EMB
Comments: a) The National Electoral Committee
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63;
Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Art. 5(1)f
Verified: 2012/04/20
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 64
Verified: 2012/04/20
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
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: This right is reserved only to political parties.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Only political parties have this right.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: Only political parties have this right.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 64
Verified: 2012/04/20
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
h . Not applicable
Comments: Only political parties have this right.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Only political parties have the right to broadcasting time.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63
Verified: 2012/04/20
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: This right is reserved to political parties only.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63, 64
Verified: 2012/04/20
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: This right is reserved to political parties only.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 64
Verified: 2012/04/20
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
i . Not applicable
Comments: This right is reserved to political parties only.
Source: Electoral Law no. 14/79 of 16 May 1979 as amended, Art. 62, 63, 64
Verified: 2012/04/20
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 52
Verified: 2012/04/20
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 52
Verified: 2012/04/20
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 54
Verified: 2012/04/20
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
a . Equal regardless of size and previous performance of candidate's party
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 53(1)
Verified: 2012/04/20
ME051
Question: Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 52
Verified: 2012/04/20
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
e . None
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 52
Verified: 2012/04/20
ME053
Question: Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source: Decree-Law no. 319-A/76 of 3 May 1976, Art. 54
Verified: 2012/04/20
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
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
a . Person or agency that commissioned the opinion poll b . Geographical coverage c . Characteristics of the sample d . Size of the sample e . Margin of error f . Other
Comments: f) The date or dates on which the survey took place; The sampling method used and the the rate of response obtained; The method used for collecting information; The basic questions raised
Source: Law no. No. 10/2000 of 21 June 2000, defining the legal status of the publication or dissemination of polls and opinion surveys, Art. 7(2)
Verified: 2012/04/20
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
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
b . Outside the polling station
Comments:
Source: Law no. No. 10/2000 of 21 June 2000, defining the legal status of the publication or dissemination of polls and opinion surveys, Art. 11
Verified: 2012/04/20
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
b . After all polls close
Comments:
Source: Law no. No. 10/2000 of 21 June 2000, defining the legal status of the publication or dissemination of polls and opinion surveys
Verified: 2012/04/20
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: 2005/06/14
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/06/14
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
d . No one with full-time responsibility for media work
Comments:
Source:
Verified: 2005/06/14
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/14
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
a . Media packs/press kits d . Pre-recorded radio or TV slots e . Web site
Comments:
Source:
Verified: 2012/04/20
ME070
Question: Has the EMB provided or facilitated training for journalists in how the electoral process works?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/06/14
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
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: 2012/04/20
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):
b . Specific laws/legislation
Comments:
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda.
Verified: 2012/04/20
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):
b . Specific laws/legislation
Comments:
Source: Law no. 17/2003 of 4 June 2003, on the legislative initiative by citizens
Verified: 2012/04/20
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
c . Requirement for signature collectors to be registered electors
Comments: The right of citizens to initiate legislation is exercised by means of the submission to the Assembly of the Republic of Member’s bills subscribed by at least thirty-five thousand registered electors.
Source: Law no. 17/2003 of 4 June 2003, on the legislative initiative by citizens
Verified: 2012/04/20
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
b . Sample of signatures checked
Comments: The Assembly of the Republic may ask the competent departments and services of the Public Administration to use sampling to conduct an administrative verification of the authenticity of the signatures.
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda, Art. 17(2)
Verified: 2012/04/20
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
b . Sample of signatures checked
Comments: The Assembly of the Republic may ask the competent departments and services of the Public Administration to use sampling to conduct an administrative verification of the authenticity of the signatures.
Source: Law no. 17/2003 of 4 June 2003, on the legislative initiative by citizens, Art. 6(3)
Verified: 2012/04/20
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
d . Other (specify)
Comments: Public Administration services at request of Parliament.
Source: Law no. 17/2003 of 4 June 2003, on the legislative initiative by citizens, Art. 6(3);
Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda, Art. 17(2)
Verified: 2012/04/20
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):
f . Other (specify)
Comments: f) The National Electoral Commission
Source: Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Art. 5(1)
Verified: 2012/04/20
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: f) The National Electoral Commission
Source: Law no 71/78 of 27 December 1978, establishing the National Electoral Commission, Art. 5(1)
Verified: 2012/04/20
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: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
a . Information booklets b . Leaflets and pamphlets c . Radio broadcasts d . TV broadcasts e . Press advertisements f . Website g . Other(specify)
Comments:
Source: Official web page of the National Electoral Commission: http://www.cne.pt/index.cfm?sec=0101020000 (2012)
Verified: 2012/04/20
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):
b . Specific laws/legislation
Comments:
Source: Law no. 17/2003 of 4 June 2003, on the legislative initiative by citizens
Verified: 2012/04/20
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: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
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):
a . Compulsory registration of campaigners and campaign groups b . Expenditure limits c . Contribution limits d . Restrictions on the sources of contributions e . Disclosure requirements
Comments:
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda
Verified: 2012/04/20
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: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
a . Fixed time period (specify)
Comments: 15 days after the decree of the referendum until 90 days after the official results are published.
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda
Verified: 2012/04/20
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
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):
c . All campaign organisations
Comments:
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda
Verified: 2012/04/20
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: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
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: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
b . Free media access e . Other (specify)
Comments: e) Fixed phone
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda
Verified: 2012/04/20
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: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
b . No
Comments: Neutrality and impartiality of public entities
Source: Law no. 15-A/98 of 3 April 1998 as amended by Organic Law no. 4/2005 of 8 September 2005 and Organic Law no. 3/2010 of 15 December 2010, on the legal regime governing referenda, Art. 45
Verified: 2012/04/20
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/04/20
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
a . Government (specify department) b . Independent electoral commission
Comments:
Source: Organic Law of the Ministry of Internal Administration no 126-B/2011 of 29 December 2011, Art. 1, 12(1); Law no 71/78 of 27 December 1978, establishing the National Electoral Commission
Verified: 2012/04/20
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source: Organic Law of the Ministry of Internal Administration no 126-B/2011 of 29 December 2011, Art. 1, 12(1); Law no 71/78 of 27 December 1978, establishing the National Electoral Commission
Verified: 2012/04/20
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source: Constitution, Art. 240
Verified: 2012/04/20
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Constitution, Art. 240
Verified: 2012/04/20
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/04/20
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
k . None
Comments:
Source:
Verified: 2012/04/20
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
j . Other (specify)
Comments: j) The only subjects for a referendum shall be those matters of national interest in respect of which the power of decision rests with the Assembly of the Republic or the Government through the approval of an international convention or the enactment of legislation.
Source: Constitution, Art. 115
Verified: 2012/04/20
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
a . Constitutional amendments d . National sovereignty, national self-determination h . Taxes and public expenditure commitments i . Other public policy issues
Comments:
Source: Constitution, Art. 115(4)
Verified: 2012/04/20
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
a . Government c . President d . Legislative majority e . Registered electors
Comments: Decision of the President of the Republic following a proposal by the Assembly of the Republic or by the Government. A referendum may also be held on the initiative of citizens.
Source: Constitution, Art. 115(1,2), 134(c)
Verified: 2012/04/20
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/04/20
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
a . Government (specify department) c . President d . Legislature e . Registered electors
Comments: a. No specific department.
Source:
Verified: 2005/04/20
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: 2012/04/20
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
e . Other (specify)
Comments: The questions shall be formulated in objective terms, and clearly and precisely and so as to permit an answer of yes or no.
Source:
Verified: 2005/04/20
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: 2005/04/20
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
e . Other (specify who)
Comments: Constitutional court.
Source: Constitution article 115, nr 8.
Verified: 2005/04/20
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/04/20
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments: A referendum shall only have binding force where the number of voters is greater than
one half of the voters registered in the electoral roll.
Source: Constitution article 115, nr 11.
Verified: 2007/01/09
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2005/04/20
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments:
Source:
Verified: 2005/04/20
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
b . Legislative proposals
Comments:
Source:
Verified: 2005/04/20
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/04/20
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
a . Constitutional amendments d . National sovereignty, national self-determination h . Taxes and public expenditure commitments i . Other public policy issues
Comments:
Source: Constitution article 115, nr 4.
Verified: 2005/04/20
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments: 75000 electors.
Source: Law nr 15-A/98, 3-April article 16.
Verified: 2005/04/20
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/04/20
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:
Verified: 2005/04/20
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
d . Legislature
Comments: The legislature must appove the initiative.
Source:
Verified: 2005/04/20
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2005/04/20
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
f . More than one subject area
Comments: The legislature must appove the initiative.
Source:
Verified: 2005/04/20
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: 2005/04/20
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
a . Government f . Other (specify)
Comments: f. Proponents of the initiative.
Source:
Verified: 2005/04/20
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
c . After its submission but before the vote on the initiative
Comments: The Constitutional Court has 25 days to produce the check.
Source:
Verified: 2005/04/20
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
d . Not at all
Comments: See question C.11.1.
Source:
Verified: 2005/04/27
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments: See question C.11.1.
Source:
Verified: 2005/04/27
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: See question C.11.1.
Source:
Verified: 2005/04/27
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
a . Within a certain time limit (specify)
Comments: 60-90 days after the Decree of the President of the Republic.
Source: Article 35 Referendum law.
Verified: 2005/04/20
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:
b . Other (specify)
Comments: Before the presentation. The proposal only comes to being [starts to exist] after the collecting of the required number of signatures. The formal requisites are an essential condition for the submission of the proposal to the Parliament.
Source:
Verified: 2005/04/27
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:
b . Other (specify)
Comments: Before the presentation. The proposal only comes to being [starts to exist] after the collecting of the required number of signatures. The formal requisites are an essential condition for the submission of the proposal to the Parliament.
Source:
Verified: 2005/04/27
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:
b . Other (specify)
Comments: Before the presentation. The proposal only comes to being [starts to exist] after the collecting of the required number of signatures. The formal requisites are an essential condition for the submission of the proposal to the Parliament.
Source:
Verified: 2005/04/27
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: 2005/04/27
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: 2005/04/27
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
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: There is no clear information on the percentage of electoral supplies.
Article 16
Campaign revenues
1 - Electoral campaign activities may only be financed by:
a) State subsidy;
b) Contributions from political parties that present or support candidacies for elections to the Assembly of the Republic, the European Parliament, the Regional Legislative Assemblies and local authorities, as well as for the President of the Republic;
c) Donations from individuals supporting candidacies for the election of President of the Republic and supporters of groups of citizens who vote for local authorities;
d) Proceeds from fundraising activities for the electoral campaign
According to Porto Canal:
Cost of elections in 2024: 24 million euros
Campaign budgets (main parties):
Total: 7.7 million euros
PS - 2.55 million euros
AD - 2.5 million euros
CDU - 785 thousand euros
BE - 508 thousand euros
Chega - 700 thousand euros
IL - 385 thousand euros
PAN - 204 thousand euros
Livre - 95 thousand euros
Source: Financing of Political Parties and Electoral Campaigns, Article 16:
https://www.parlamento.pt/Legislacao/Documents/Legislacao_Anotada/FinanciamentoPartidosPoliticosCampanhasEleitorais_Anotado.pdf
How much does the electoral act cost? The 2024 legislative elections in numbers:
https://portocanal.sapo.pt/noticia/347681
Verified: 2024/10/10
VO002
Question: Is there a code of conduct for election officials?
Answer:
a . Yes
Comments: Law No. 126/99, of August 20:
n) Establishment of the eligibility conditions for the Chamber's bodies, the general rules regarding candidacy and the electoral process;
o) Provision of the principle of election, in a general meeting, of all members of the disciplinary council;
Code of Conduct for Members of the Assembly of the Republic:
1 - Approve the Code of Conduct for Members of the Assembly of the Republic, contained in the annex to this resolution and of which it forms an integral part.
2 - Determine that the Code of Conduct for Members of the Assembly of the Republic shall come into force on the first day of the 14th Legislature, without prejudice to any procedural adjustments that the services may have to make.
Source: Law No. 126/99, of August 20:
https://diariodarepublica.pt/dr/detalhe/lei/126-434014
Code of Conduct for Members of the Assembly of the Republic:
https://www.parlamento.pt/Legislacao/Documents/Legislacao_Anotada/CodigoCondutaDeputadosAR_Simples.pdf
Verified: 2024/10/10
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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
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
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 79-A, 79-B, 79-C, 79-D, 79-E and Article 84:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
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
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
b . 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
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 79-A, 79-B, 79-C, 79-D, 79-E and Article 84:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
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
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
d . People in hospitals e . People in prison f . Other
Comments: Article 79-B
Advance voting
1 - The following can vote in advance:
a) electors who are in hospital or who might be admitted to hospital due to illness;
b) electors who are in prison.
2 - Electors registered in national territory may also vote in advance:
a) when they have travelled abroad in the exercise of public duties;
b) when they have travelled abroad in the exercise of private duties;
c) when they have travelled abroad as official representatives of a national team, organized
by a sports federation endowed with the status of public sports utility;
d) as students, researchers, professors and research fellows working abroad in higher
education institutions, research units or equivalent recognized by the competent ministry;
e) if they are ill and undergoing treatment abroad;
f) if they are living with or accompanying the electors mentioned in the preceding
paragraphs.
3 - Only advance votes received by the board of officers of the polling stations and sections by
the day and time provided for in Article 41 will be considered.
4 - The lists competing in the election can, in general terms, appoint delegates to supervise
advance voting operations, who enjoy all the immunities and rights provided for in Article 50-A.
5 - Repealed.
6 - Repealed.
7 - Repealed.
8 - Repealed.
9 - Repealed.
10 - Repealed.
Article 97
Voting by disabled persons
1 - An elector who is affected by an obvious illness or physical disability and whose inability to
undertake the acts described in Article 96 is verified by the board of officers, shall vote while
accompanied by another elector of his choice, who shall ensure that his vote is cast as he intends
it to be and who shall be bound to absolute secrecy.
2 - If the board of officers decides that that the obviousness of the illness or physical disability is
not verified, they shall require presentation to them, upon the act of voting, of a certificate
confirming that it is impossible for the elector to undertake the acts described in the previous
Article, to be issued by the doctor who exercises public health authority powers in the
municipality’s area and to be authenticated with the respective department’s seal.
3 - For the purposes of the previous paragraph, on election day health centres must remain open
during the period in which electoral stations are operating.
4 - Without prejudice to the board of officers’ decision on the admissibility of a vote, any of its
members or any delegate for a political party or coalition may make a written protest.
5 - Voters with a visual impairment can, if they so wish, ask the officers to provide a Braille
template to enable them to carry out the acts described in Article 96.
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 79-A, 79-B, 79-C, 79-D, 79-E, Article 84 and Article 97:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
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
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments: Article 40
Polling stations
1 – Each parish shall have one polling station.
2 – The polling stations of parishes where the number of electors significantly exceeds 1,000
shall be divided into polling sections, at the initiative of the parish authority or the municipal
authority, in such a way that the number of electors is adequate to the geographical reality and
to the venues for conducting the electoral act, aiming, where possible, not to exceed that
number significantly.
3 – By the thirty-fifth day before election day, the mayor shall decide on the division requests
provided for in the previous paragraph, and shall immediately communicate them to the
corresponding parish council and to the electoral administration services.
4 – The decision referred to in the previous paragraph may be appealed within a time limit of
two days, at the initiative of the parish councils or of at least ten electors from any polling
station, to the section of the local instance of the judicial district court with civil competence
and jurisdiction in the area of the municipality, unless a section of the central instance of the
judicial district court with civil competence is functioning at the seat of the municipality, in which
case the appeal shall be lodged before that section.
5 – The definitive chart of polling stations and sections shall immediately be affixed at the
municipal councils.
Article 40-A
Polling stations abroad
Each station or consular post corresponds to a polling station, which will be divided when more
than 5000 voters are registered there to vote in person.
Source: Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 40 and Article 40-A:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified: 2024/10/10
VO010
Is there a maximum allowable voter capacity of a polling station for the national elections?
Article 40
Polling stations
1 – Each parish shall have one polling station.
2 – The polling stations of parishes where the number of electors significantly exceeds 1,000
shall be divided into polling sections, at the initiative of the parish authority or the municipal
authority, in such a way that the number of electors is adequate to the geographical reality and
to the venues for conducting the electoral act, aiming, where possible, not to exceed that
number significantly.
3 – By the thirty-fifth day before election day, the mayor shall decide on the division requests
provided for in the previous paragraph, and shall immediately communicate them to the
corresponding parish council and to the electoral administration services.
4 – The decision referred to in the previous paragraph may be appealed within a time limit of
two days, at the initiative of the parish councils or of at least ten electors from any polling
station, to the section of the local instance of the judicial district court with civil competence
and jurisdiction in the area of the municipality, unless a section of the central instance of the
judicial district court with civil competence is functioning at the seat of the municipality, in which
case the appeal shall be lodged before that section.
5 – The definitive chart of polling stations and sections shall immediately be affixed at the
municipal councils.
Article 40-A
Polling stations abroad
Each station or consular post corresponds to a polling station, which will be divided when more
than 5000 voters are registered there to vote in person.
Source
Law governing Elections to the Assembly of the Republic Law no. 14/79 of 16 May 1979, Article 40 and Article 40-A:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
Verified
2024/08/13
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
VO012
How many staff are assigned to each polling station?
The members of the board
The board shall consist of five members: a chairman and a vice-chairman and three members, including a secretary and two scrutineers. For operations to be considered valid, at least three members must be present at all times, one of whom must be the chairman or vice-chairman, and at least two members.
Once the board has been formed, the chairman shall publish the names of the members who make it up, by means of a notice posted on the door of the polling stations/polling sections.
The performance of the role of board member is mandatory.
Refusal to perform the role of board member may only be due to force majeure or just cause.
The following are justifiable grounds for impediment:
• Age over 65;
• Illness or physical incapacity certified by the municipal health delegate;
• Change of residence to the area of another municipality, which must be certified by the Parish Council of the new residence;
• Absence abroad, duly proven;
• Exercise of a professional activity of an unavoidable nature, proven by a superior.
The justification must be presented in writing, whenever the voter can do so, up to 3 days before the election, to the Mayor.
Source
Voter portal - Members of the polling station:
https://www.portaldoeleitor.pt/pt/Eleicao/MembrosMesaVoto/Pages/default.aspx
Verified
2024/08/13
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