P.R. Laws tit. 16, § 622a

2019-02-20 00:00:00+00
§ 622a. Appointments

The Office of the Election Comptroller shall be administered by an Election Comptroller, in accordance with the regulations adopted by the Board of Election Comptrollers. The Comptroller and the Deputy Comptroller shall be appointed for a term of ten (10) years. The Governor shall appoint an Election Comptroller with the advice and consent of the Senate and the House of Representatives, by a two-thirds (2/3) vote of their members. The Deputy Comptroller shall be appointed by the Governor with the advice and consent of the Senate and the House of Representatives. The Election Comptroller shall hold office until his/her successor is confirmed by the Senate and the House of Representatives. The Deputy Election Comptroller shall hold office until his/her successor is appointed in accordance with the provisions of this chapter. In the performance of its duties, the Board of Election Comptrollers shall have full operational autonomy, except in the case the consensus required by this chapter is not achieved; these cases shall be referred to the Chair of the State Election Commission. The case or issue shall be referred to the Chair of the State Election Commission who shall decide in favor of or against the issue in question when the Board of Election Comptrollers fails to reach a consensus; such determination shall constitute the decision of the Office of the Comptroller, which shall be implemented and may be appealed as provided in this chapter. The Election Comptroller shall receive the same compensation as that fixed for the Chair of the State Election Commission. The Deputy Comptroller shall receive a compensation equal to ninety percent (90%) of the compensation of the Election Comptroller. The Election Comptroller and the Deputy Election Comptroller must be residents of Puerto Rico at the time of their appointment. The offices of Election Comptroller and Deputy Election Comptroller shall only be held by persons of legal age, who have resided in Puerto Rico during the five (5) years that precede the date of their appointment, who are duly qualified voters of recognized professional capacity, moral probity, and expertise in public administration and government affairs, and who are knowledgeable or have interest in election-related matters. Neither the Election Comptroller nor the Deputy Election Comptroller may have held the office of Secretary or Election Commissioner of a political party, or have been a candidate or held an elective office. In the event of the absence or temporary disability, death, resignation, or removal of the Election Comptroller, the Deputy Election Comptroller shall carry out the functions and duties of the Election Comptroller, as Acting Election Comptroller, until the Election Comptroller resumes office or his/her substitute is appointed and takes office. In the event that temporary absences or vacancies occur simultaneously in both positions, the Governor shall appoint an Acting Election Comptroller, without the need to have the advice and consent of the legislative houses, until a substitute is officially appointed and confirmed.

History —Nov. 18, 2011, No. 222, § 3.001; Dec. 19, 2014, No. 233, § 4.