Esta ley enmienda la Ley Electoral de Puerto Rico para crear un fondo especial con los excedentes de fondos asignados a eventos electorales. Este fondo se destinará a la automatización del proceso electoral. También armoniza la Ley Electoral con la exclusión de la Comisión Estatal de Elecciones de la Ley de Personal del Servicio Público.
(Approved June 1, 2002)
To amend Section 1.004 of Act No. 4 of December 20, 1977, as amended, known as "Puerto Rico Electoral Act," so that the surplus of the funds appropriated for electoral events that were not used therefor by the Commission, be deposited in a special fund to be used for the automation of the electoral process in Puerto Rico; and to harmonize the Electoral Act to Act No. 32 of August 8, 1990, that excluded the Commission from the "Public Service Personnel Act."
Once funds are appropriated for the Commonwealth Election Commission to carry out an electoral event, when the procedure is completed, the agency must return the unused surplus funds, even though said body needs the surplus funds for other purposes or important projects related to the improvement of the electoral system.
Today, technological and mechanization advances developed in the electoral field, and specifically in the voting process, motivate us to seek alternatives so that they may also be used in Puerto Rico. One of the greatest accomplishments that could be achieved thereby is to know the electoral results sooner. Some of these mechanisms have already been used at a lesser scale in smaller electoral processes, such as special elections, for example.
In order to achieve greater success in this field, it is necessary to appropriate funds for the Commission to establish an organized and easily
managed database that can respond to technological advances. Through this measure, the Legislature increases the financial resources of the Commission in order for it to develop an automated electoral system to its maximum; so that every vote is counted as it is cast, according to the demands of our constitutional mandate and our democratic tradition, and the voting results be known sooner.
On the other hand, since August 8, 1990, through Act No. 32, the Commission was excluded from Act No. 5 of October 5, 1975, as amended, known as "Public Service Personnel Act." However, the Electoral Act still states in Section 1.004, that the Commission is an Individual Administration. In order to harmonize both Acts, it is necessary to amend said Section.
Section 1.- A next to the last paragraph is hereby added to Section 1.004 of Act No. 4 of December 20, 1977, as amended, known as Puerto Rico Electoral Act," to read as follows:
A Special Fund is also created as a financing option for the expenses of automating the electoral process. This Special Fund shall be nourished from the surplus of the funds appropriated for any electoral event. This Special Fund for the automation of the electoral process shall be administered by the Commission, pursuant to the applicable standards for
the disbursement of public funds for each purpose, and shall be kept in a special account, apart from that of the general budget of the Commission. This Fund shall also be nourished by any interest generated by its resources, appropriations from Executive, the Governor or the Legislature. The Commission shall render an annual report to the Department of the Treasury, indicating the use given to the money, and the balance thereof."
Section 2.- The fifth paragraph of Section 1.004 of Act No. 4 of December 20, 1977, as amended, known as the "Puerto Rico Electoral Act," is hereby amended to read as follows: ". . . .
Pursuant to Act No. 32 of August 8, 1990, the Commonwealth Elections Commission shall be excluded from the provisions of Act No. 5 of October 14, 1975, as amended, known as "Public Service Personnel Act." The Commission shall unanimously adopt and put into effect all those norms and regulations that are needed for the administration of its personnel. . . . .
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 73 (H.B. 2470) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 1.004 of Act No. 4 of December 20, 1977, as amended, known as "Puerto Rico Electoral Act," so that the surplus of the funds appropriated for electoral events that were not used therefor by the Commission, be deposited in a special fund to be used for the automation of the electoral process in Puerto Rico; and to harmonize the Electoral Act to Act No. 32 of August 8, 1990, that excluded the Commission from the "Public Service Personnel Act.", has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $6^{ ext {th }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director