P.R. Laws tit. 16, § 4117

2019-02-20 00:00:00+00
§ 4117. Alternate selection methods

Political parties may adopt alternate selection methods for the nomination of their candidates, provided that it is approved by their central governing bodies, and that the following guarantees are met:

(a) That the nomination procedure adopted guarantees the representative expression of the voters affiliated to that political party in the corresponding jurisdictions. To such effect, the selection of the candidates nominated by the direct and secret vote of the affiliated voters included in the Registry of Affiliated Voters, the selection thereof by a regulating body of said political party or by a system of delegates based on the population or the number of voters, or the number of votes polled by said party in the preceding general election, is hereby authorized.

(b) That the procedures for the alternate selection method have been formally adopted and are available to the members of that political party, and that the participants are notified of the selection process. To such effect, the alternate selection method adopted shall be filed with the Commission not less than fifteen (15) days before the selection process is carried out. The rules which shall govern the selection process shall include the place, date, and time that the same is to be carried out.

(c) That all aspirants have previous access to the list of participants in the selection process and are guaranteed an adequate forum to contest the same.

(d) That all aspirants are entitled to an effective representation in the critical stages of the selection process, such as the election of delegates, the registry of participants, and the voting and canvassing process.

(e) That the position and place in which the name of each nominee is to appear on the ballots be selected by draw in the presence of the aspirants or their representatives.

(f) That the right to challenge participants on the grounds provided in this subtitle as well as on those provided in the political party’s regulations is guaranteed.

(g) That participants enjoy equal access and protection in all stages of the selection process.

(h) That the voting be free and secret.

(i) That effective internal mechanisms are available to contest the violation of these standards and, once such forum is exhausted, that the right to appeal to the Court of First Instance be granted pursuant to Chapter 403 of this subtitle, within the five (5) business days following the determination of the political party.

The persons selected in accordance with the aforesaid procedure shall not be required to comply with the endorsement petitions for primaries in order to qualify as candidates.

Any candidate who is not favored through the alternate selection method shall not compete as an aspirant in any primary process for the same office to which he/she was an aspirant.

The party may notify its voters, through the means it deems pertinent, of the person who was chosen in the internal selection process to represent such party on the ballot.

History —June 1, 2011, No. 78, § 8.007.