Constitution

On August 23, 2022, Law 21.481 was published in the Official Gazette, which modifies the quorums for the reform of the current Political Constitution of the Republic.

In this sense, Article 66 of the Constitution was modified, replacing the quorum for its reform from 3/5 to 4/7, in addition to reforming Articles 127 and 128 of the Constitution, referring to the quorum for approval of both the reforms and the partial observations that the President of the Republic may make to a reform project.

Should you require additional information on this matter, please contact Andrea Abascal (aabascal@jdf.cl), and/or Rocío Vergara (rvergara@jdf.cl).

On July 28, 2022, Exempt Resolution No. 532, issued on July 27, 2022 by the National Television Council, was published in the Official Gazette, which distributes the electoral propaganda time for the constitutional referendum in free-to-air television channels.

Considering the issuance and publication in the Official Gazette of Supreme Decree N°2.078, which “Calls for a National Constitutional Referendum” for September 4, 2022, and the application of the constitutional rules that order the issuance of a resolution by the National Television Council that determines the distribution of the 30 free daily minutes available on free-to-air television channels for the electoral propaganda on this referendum, this mandate is complied with, determining, in Resolution No. 532, the organizations that may participate in the referendum. Ex. No. 532, the organizations authorized by command to broadcast, and their corresponding times.

In addition, civil society organizations not registered in a command are authorized to form one or join an existing one, and must inform this to the National Television Council no later than July 29, 2022, through the e-mail franja2022@cntv.cl.

Should you require additional information on this matter, please contact Andrea Abascal (aabascal@jdf.cl), and/or Rocío Vergara (rvergara@jdf.cl).

On July 20, 2022, the Agreement of the Board of Directors of the Electoral Service was published in the Official Gazette, which establishes the rules, instructions and a sanitary protocol for the next Constitutional Plebiscite to be held on September 4, 2022.

Among the rules and instructions established are:

a) Constitution, installation and operation of polling stations, including the identification of voters, specific operation of the polling stations, closing of the voting and scrutiny.

b) Preferential voting hours for different groups of people, with the purpose of protecting health and facilitating the exercise of the suffrage.

c) Designation of members of the polling stations, grounds for excuse or exclusion of the members of the polling stations and of the members of the scrutinizing entities and ways of accrediting them.

d) Maximum capacity of persons inside the polling places and distancing of voters both inside and outside such places.
e) Establishment of the minimum necessary distance between the polling stations, their ballot boxes and secret chambers, as well as the distance between the polling station officials, proxies and the press.

f) Determination of the characteristics and number of secret chambers for each polling place.

g) Proxies.

h) Electoral equipment available at the polling stations and scrutinizing schools.

i) Regulation of the type of pencil for marking the preference on the ballot papers and for signing the electoral roll of the polling place.

j) Mandatory use of masks and other means of sanitary protection for voters and those who are inside the polling places.

Additionally, the sanitary protocol to be applied in the Constitutional Plebiscite is detailed, in order to protect the safety and health of the population.

If you require additional information on this matter, please contact Andrea Abascal (aabascal@jdf.cl), and/or Rocío Vergara (rvergara@jdf.cl).

The Constitutional Convention, which began its work sessions on July 4, 2021, has concluded the discussion of the articles of the proposed new Constitution on May 14, 2022.

With the content of the text defined, on May 17, the Preamble, Transitory Norms and Harmonization Commissions began their work, and their work will be concluded during the months of May and June, and the final proposal for the new constitutional text will be formally delivered in a public ceremony on July 4, 2022.

Only at that time will the final text of the constitutional proposal be made known.

It should be noted that this constitutional proposal will be submitted to a referendum on September 4, 2022. Voting in this referendum will be mandatory for those with electoral domicile in Chile. If the text is approved, the President of the Republic shall promulgate the constitutional text. On the contrary, if the project is not approved, the current Constitution of Chile will remain in force.

If you require additional information on this matter, please contact Andrea Abascal (aabascal@jdf.cl) or Jorge Tisné (jtisne@jdf.cl).