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Electoral Justice

CHAPTER VIII Electoral Justice

Article 84

A special Court which shall be known as the Elections Qualifying Court shall take cognizance of the general scrutiny and qualification of the results of the election for the President of the
Republic, Deputies and Senators; it shall resolve on complaints deriving therefrom and shall proclaim those candidates who are elected. Said Court shall, likewise, take cognizance of plebiscites and shall be vested with other powers determined by law.
The Court shall be composed of five members appointed in the following manner:

Three Justices or former Justices of the Supreme Court, elected by the latter in successive and secret balloting by an absolute majority of its members;
A Lawyer elected by the Supreme Court in the aforementioned manner who should meet the requirements prescribed for in the second paragraph of Article 81;
A former President of the Senate or of the Chamber of Deputies having held the post for a period not less than three years, to be elected through lots drawn;

The appointments referred to in letters (b) and (c), may not be conferred upon Congressmen, Candidates to positions assigned by popular elections, Ministers of State or Leaders of political parties.
Members of this Court shall remain in office for a period of four years, and provisions set forth in Articles 55 and 56 of this Constitution shall be applicable to them.
The Elections Qualifying Court shall act as jury when analysing facts and shall pronounce judgement in accordance with the law.
A constitutional organic law shall regulate the organization and functioning of the Elections Qualifying Court.

Article 85

There will be Regional Electoral Courts in charge of taking cognizance of the qualifications of labor union elections and of those held in intermediate groups determined by law.
These Courts shall be composed of a Justice of the respective Court of Appeals, elected by the latter, and two members appointed by the Elections Qualifying Court chosen from among lawyers who have practiced the profession or persons who have served as a Justice or as a Member of the Court of Appeals for a period not less than three years.
The Members of these Courts shall serve four years and shall be subject to the ineligibility or incompatibilities determined by law.
These Courts shall act as juries when analyzing facts and shall pronounce judgment in accordance with the law.
The law shall determine the other powers of these Courts and shall regulate the organization and functioning thereof.

Article 86

Every year the national Budgetary Law shall allocate the funds necessary for the organization and functioning of these Courts. The staff, remunerations and personnel statutes shall be established by law.

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