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Attributions of the Delegate of the National Electoral Commission

To better exercise its functions, the National Electoral Commission may appoint delegates where it deems to be necessary (Artº 5º, nº2, of Law nº 71/78, of 27 December).

The appointment of Delegates of the National Electoral Commission in the Autonomous Regions comprehends the whole electoral process for which these have been appointed.

1 - The Delegates represent the National Electoral Commission in the autonomous regions and should inform and work in cooperation with the Commission, for the purposes stated on Art. 5th of the Law n.º 71/78, of 27 December.

2 - When required by the National Electoral Commission, the Delegates shall assure, in the Autonomous Regions, the liaison with the organs and agents of the Public Administration, in order to fulfil any of their attributions, in accordance to Art. 7th of the Law n.º 71/78, of 27 December.

3 - The Delegates may receive information, complaints or protests, as long as these are presented in written and duly identified. The Delegate shall send the process to the Commission, ready for decision, in accordance with the adversarial principle, by registered mail. In case of proved urgency, this communication shall be preceded by a communication via phone, telegraph or immediate fax.

4 - The delegates in the autonomous regions shall cooperate with the National Electoral Commission in order to:

  • monitor the equal treatment to all candidates, political parties, as well as registered fronts and coalitions, during the electoral campaign and electoral operations, and shall communicate immediately any act or decision contrary to this principle to the National Electoral Commission.
  • monitor the behaviour of regional or local media publications, in order to assure the compliance with Art. 5.º, e), of Law n.º 71/78, of 27 December and the Decree-law n.º 85-D/75, of 26 February.

The Delegates shall communicate to the Commission the address where they carry out their functions.

The entering into force of the new Electoral Law for the Legislative Assembly of the Autonomous Region of Madeira (Organic Law n.º 1/2006, 13 February) has broadened the competences of the Delegates of the National Electoral Commission. These have been granted specific competencies regarding the right of assembly (art. 62.º, c) and d)), the right to public broadcast and to the distribution of times (arts. 65.º, n.º 3 and 66.º, n.º 2, accordingly), and media publications that wish to insert pieces of news covering the electoral campaign (art. 67.º, n.º 1) and, finally, regarding the limits to the publication and dissemination of electoral material (art. 71.º).