Constitution

Argentina 1853 Constitution (reinstated 1983, reviewed 1994)

Table of Contents

SECTION II. THE EXECUTIVE POWER

CHAPTER I. OF ITS NATURE AND DURATION

Article 87

The Executive Power of the Nation shall be discharged by a citizen with the title of “President of the Argentine Nation.”

Article 88

In case of illness, absence from the Capital, death, resignation, or removal of the President, the Executive Power shall be exercised by the Vice President of the Nation. In event of the removal, death, resignation, or incapacity of the President and the Vice President of the Nation, the Congress shall determine which public official shall fill the Presidency until the cause for the disability ceases or a new President is elected.

Article 89

To be elected President or Vice President of the Nation requires one to have been born in Argentine territory or if one was born in a foreign country, to be the child of a native citizen and [to possess] the other qualifications required to be elected Senator.

Article 90

The President and Vice President shall remain in office for a term of four years and may be reelected or succeed each other for only one consecutive term. If they have been reelected or succeeded each other, they may not be elected to either office, except after the interval of a term.

Article 91

The President of the Nation leaves office the day that his four-year term expires; without any event that may have interrupted his term being considered as a reason for completing it later.

Article 92

The President and Vice President enjoy a salary paid out from the Treasury of the Nation, which may not be altered during the term of their appointment. During that term, they may not hold other employment, or receive any other emolument from the Nation, or from any Province.

Article 93

On assuming office, the President and Vice President shall take an oath, consistent with their religious beliefs, administered by the President of the Senate and before the assembled Congress, to: ‘discharge with loyalty and patriotism the office of President (or Vice President) of the Nation and to observe and have faithfully observed the Constitution of the Argentine Nation.’

CHAPTER II. OF THE MANNER AND TIME OF THE ELECTION OF THE PRESIDENT AND VICE PRESIDENT OF THE NATION

Article 94

The President and the Vice President of the Nation shall be elected directly by the People, in two rounds, as established by this Constitution. To this end, the national territory shall comprise a single district.

Article 95

The election shall be held within the two months prior to the conclusion of the mandate of the President in office.

Article 96

The second electoral round, should it be required, shall be held between the two tickets of candidates receiving the most votes, within thirty days after the first electoral round.

Article 97

When the ticket that received the most votes in the first round has obtained more than forty-five percent of the validly cast affirmative votes, its candidates shall be proclaimed President and Vice President of the Nation.

Article 98

When the ticket that received the most votes in the first round obtains at least forty percent of the validly cast affirmative votes and, in addition, there also exists a difference greater than ten percentage points with respect to the total of the affirmative votes validly cast for that ticket over the ticket that follows it in number of votes, its candidates shall be proclaimed President and Vice President of the Nation.