Political Constitution of Colombia (1991)

Members of the Public Bodies of public elections will not have substitutes. They could only be replaced for absolute or temporary absences determined by the law, by the non-elected candidates that, according to the order of registration or voting obtained, follow successively and descending in the same electoral list.

In no case can members be replaced if they were convicted of common crimes related to affiliation, promotion or funding of illegal armed groups or narcotics-trafficking activities; intentional crimes against the public administration; against the mechanisms of democratic participation, nor for Crimes Against Humanity. In addition, there will be no replacement of people that have resigned having been formally linked in Colombia to penal processes for the commission of such crimes, nor for temporary absences of those people with capture warrants within the framework of the respective processes.

For the purpose of the conformation of quorums, the number of members will be the total of the members of the body with the exception of those seats that cannot be replaced. The same rule will apply in the events of impediment and accepted recusals.

If by absolute absences that impede the replacement of the members of the collegial bodies within the same electoral constituency are reduced to half or less, the National Election Commission will call for elections to fill the vacant, as long as having more than twenty-four (24) months to finish the period.

While the legislator regulates the replacements regime, the following provisions will be applied: i) absolute absences that lead to replacement include death; absolute physical incapacity for the exercise of a position; the declaration of nullity of elections; justified and accepted renounce from the respective corporation; disciplinary sanction consistent with destitution, and the loss of investiture; ii) temporary absences that lead to replacement include maternity leave and the preventive measures that lead to custody for crimes other than those mentioned in the present Article.

The prohibition of replacements will apply for judicial investigations initiated with the validity of the Legislative Act number 01 of 2009, with the exception of the one related to the commission of crimes against the public administration that will apply to the investigations that begin with the validity of the present legislative act.