Transitory Provisions
First
The provisions of the present constitutional reform will enter into force, with the prior approval of a plebiscite convened by the president of the Republic for this purpose and according to the following rules.
Once the constitutional reform is approved, it will be sent to the President of the Republic so that the President may consult the citizens through a plebiscite in which an absolute majority of the validly cast votes will determine whether the plebiscite approves or rejects it. For this purpose, the vote will be obligatory.
The convocation to a plebiscite must take effect within the thirty days following the date on which the proposal for constitutional reform sent by the National Congress is received and will take place through a supreme decree that will set the date of the plebiscite, which will take place ninety days after the publication of said decree if this day is a Sunday. If it is not a Sunday, the plebiscite will be held on the next Sunday. The decree to convoke a plebiscite will include the options to “approve” or “reject.”
The Tribunal Calificador de Elecciones will communicate the results of the plebiscite to the President of the Republic and will specify the option chosen by the citizens. If this is “approved,” the President of the Republic will promulgate the text of the constitutional reform within ten days after communicating the results and the publication will take place within five working days following the date on which the promulgation decree is completely processed.
Second
The actual laws in force comply with the requirements that this Constitution establishes and will continue applying in that which is not contrary to it, as long as the corresponding legal bodies do not issue amendments or repeals.
Third
All authorities elected through a popular vote that are in office at the moment the present constitutional reform takes effect will remain in office for the remaining time until the next popular election.
The President of the Republic in office at the moment this constitutional reform enters into force will be subject to the provisions of the second clause of article 24 with regard to no reelection nor nomination.
For the purpose of the provisions of the first clause of article 51, the first period as a parliamentarian will be that which is initiated with the first elections realized after the present constitutional reform comes into force.
Fourth
Without prejudice to the provisions of the prior article, all members of the organizations of the State regulated by the extant Constitution during the exercise of their function, will remain in their positions upon the entrance into force of the present constitutional reform, and these positions will be filled as they cease their functions in accordance with the constitutional norms in force.
The outgoing government of Chile issued this text towards the end of its term in office in 2018 but it was never passed. We provide it as a point of reference in the ongoing discussion in Chile over constitutional reform. (Draft of 5 Mar 2018)
