4234

Any person who is in charge of a propaganda distribution facility located within a one hundred (100) meter-radius, as measured along public thoroughfares, between the two closest points from the perimeter of the property where the propaganda distribution facility is set up and the property where a polling place or Permanent Registration Board is located, and who keeps such facility open to the public on the day of an election shall be guilty of a misdemeanor and be punished by imprisonment for a term not to exceed six (6) months or a fine not to exceed five hundred dollars ($500), or both, at the discretion of the court.\nUnder special circumstances and with the previous authorization of the Local Commission, only with the unanimous approval of the Commissioners may propaganda distribution facilities be established at less than one hundred (100) linear meters, as measured along public thoroughfares, from a school or Permanent Registration Board. Should there be no unanimity, the Chair of the Local Commission shall resolve the issue. Such determination may be appealed before the State Election Commission within a term established through regulations approved by the State Election

r of the Local Commission shall resolve the issue. Such determination may be appealed before the State Election Commission within a term established through regulations approved by the State Election Commission. The political party, candidate, or political action committee in question shall file a duly sworn application to locate the propaganda distribution facility within the banned limits. The application shall include the following information:\n(1) Name of the political party, candidate, or political action committee.\n(2) Address of the proposed facility.\n(3) Distance in meters between said facility and the school or Permanent Registration Board.\n(4) A detailed description and evidence of the unsuccessful actions taken to acquire a facility that complies with the established limits.\nOnce the application is received, the Local Commission shall consider the same not later than the next meeting after said application was filed.\nThe Local Commission shall consider, among other factors, the size of the town or city and the availability of other facilities when reviewing the application to set up a propaganda distribution facility within the established limits.\nThe Local

er factors, the size of the town or city and the availability of other facilities when reviewing the application to set up a propaganda distribution facility within the established limits.\nThe Local Commission shall issue its decision either authorizing or rejecting the application not later than seventy-two (72) hours from considering the matter, after the meeting. The party affected by the decision of the Local Commission shall have seventy-two (72) hours to request review before the Commission.\nHistory —June 1, 2011, No. 78, § 12.004; Nov. 21, 2011, No. 230, § 36.