Events of replacement of candidates

2014 Elections

The replacement of candidates is provided for in the election laws in force. According to Resolution no. 23,405 of the Superior Electoral Court (TSE), article 60, “the political party or coalition may replace a candidate whose registration is denied, including for reason of ineligibility, canceled or impeached, or, who resigns or dies after the end of the registration term”.

In the specific case of a deceased candidate, the replacement may be required even after the term of, at most, 20 days before the dispute, provided for the other cases. However, although replacement may be requested at any time, the political party to which the candidate to be replaced belongs must request for registration of the new candidate “within, at most, 10 days as from the occurrence” which caused the need for replacement.

The substitute candidate will be chosen as provided for in the regulations of the political party and, in the majority elections, “if the candidate is of a coalition, the replacement must be made by decision of the absolute majority of the main executive departments of the allied political parties, and the substitute candidate may belong to any political party that is part of the coalition, provided that the political party to which the replaced candidate belonged waives the preemptive right”.

In the event of replacement, such fact must be fully disclosed by the political party and/or coalition of the substitute candidate for clarifying doubts of the voters, “without prejudice to the disclosure, by other candidates, political parties and/or coalitions, as well as by the Electoral Court System, including in the electoral sections, when the election authority of competent jurisdiction so determines or authorizes”.

The registration of a candidate that dies must be canceled by the electoral courts on their own initiative, upon hearing the event, whose veracity must be evidenced. In the event the substitute candidate is the current candidate for vice president, the candidacy registration must be canceled with the Electoral Court System and a new electoral alliance must be registered.

In turn, in the elections concerning proportional offices (for representatives and councilmen), the replacement will only be made if the new request is submitted until August 6, 2014 (Resolution 23,405, article 61, 6th paragraph).

Access here Resolution 23,405/2014 in its entirety.