Through Argentine history, the office of the Head of State has undergone many changes, both in its title as in its features and powers. The current President is Cristina Fernández de Kirchner, who was sworn in to a second term on 10 December 2011.
Section 90 of the Argentine Constitution establishes the requirements for becoming the President. The President must be a natural-born citizen of the country, or have been born to Argentine citizens if born abroad. The President must also meet the same requirements as a Senator.
Sections 94 to 98 discuss the electoral requirements. A two-round system is used (Section 94). In order to win the election in the first turn, the winning candidate's party must receive either more than 45 percent of so-called "votos positivos" (Section 97) or at least 40 percent of "votos positivos" and be more than 10 percent ahead of the candidate with the second-highest percentage (Section 98). "Votos positivos" are the sum of all votes validly cast for any of the candidates, leaving out of the count blank and spoilt votes.
If no candidate obtains the necessary votes to win in the first round, then the two most voted candidates compete in the second round, held two weeks later, when the candidate beating by at least one vote becomes elected president.
Under the 1994 constitutional amendment, the President serves for four years, with a possibility of immediate reelection for one more term. However, unlike the President of the United States, in Argentina a person may be reelected again after serving for two terms, and staying out of office for the following. So after serving for two consecutive periods, the president is not allowed to run for a third consecutive one, but may return for the two following elections and so on. Naturally there is no limit for a person to be a candidate if he or she does not win the elections.
Also, a person being vice-president for two consecutive periods, or president and then vice-president, or vice-president and then president, is under the same restrictions mentioned above.
Under the constitution of 1853, the President served for six years, with no possibility of consecutive reelection. In 1949, reelection for an indefinite number of terms was allowed (and disabled in 1957). After the 1966 military coup, the rulers promulgated a law establishing terms of four years, terms which were never completed because of political instability.
Following military coups that overthrew the constitutional government was de facto military presidents in 1930, 1943–1944, 1955–1958, 1966–1973 and 1976-1983 that brought in addition to the powers of the president also corresponding to Congress. The subsequent analysis of the validity of their actions led to the subsequent formulation of the doctrine of de facto governments.
That doctrine was nullified by the constitutional reform of 1994 (Article 36), which stated "usurpers" who have stopped the enforcement of the Constitution by acts of force.
Article 29 of the Constitution of 1853 had an article that he considered the sum of public power as 'treason', but was referred to the de jure rulers. For this reason in the constitutional reform of 1994 included Article 36 which says:
Article 36. This Constitution shall rule even when its observance is interrupted by acts of force against the constitutional order and democratic system. These acts shall be irreparably null. Their authors will be subject to the penalty provided in Section 29, disqualified in perpetuity from holding public office and excluded from the benefits of pardon and commutation of sentences.
Who have the same penalties as a result of these actions, assume the powers foreseen for the authorities of this Constitution or those of the provinces, those civil and criminally liable for their actions. The respective actions shall be barred.
All citizens have the right of resistance to those committing acts of force stated in this article.
Also attempt against the democratic system who incurs in serious fraudulent offense against the state that entails enrichment, shall be disqualified for the time specified by law to hold public office.
The Congress shall enact a law on public ethics for the exercise of the function.
In summary the article states:
Absolute nullity of the acts issued by government installed by force;
The authors shall be punished as infamous traitors to the Fatherland "
These crimes are barred and the authors can not receive the benefit of the amnesty;
Every citizen has the right to resistance against these acts of force.
The most famous presidential airplane, known as "Tango 01" (by analogy with U.S. Air Force One), owes its name to the denomination of T (pronounced tango in the NATO alphabet) for Transport, which creates an interesting word-game for the Argentine classical Tango music. The presidential helicopter is the usual means of transport between the Quinta de Olivos and the Casa Rosada.
The office of Vice-President was established by the 1853 Constitution for the purpose of providing a succession in case the President is unable to complete its term. The Argentine Constitution (art. 88) entitles the Vice-President to exercise the role and duties of the President, both in the case of a temporary absence and in the case of a permanent absence due to health reasons, death, resignation or removal.
In the absence of both the President and the Vice-President, the succession is regulated by the Law 20,972 ("Acephaly Law"). It provides that the Executive Power must be temporarily exercised (without assuming the title of President) by the provisional President of the Senate. In its absence, by the President of the Chamber of Deputies. In the absence of both, by the President of the Supreme Court.
In case of the permanent absence of both the President and the Vice-President, due to resignation, death, or removal, the Constitution (art. 88) entitles the National Congress Assembled to select a new President from among the current Senators, Deputies and Governors, within the following two days of the death or resignation of the former President, and to provide him or her with a mandate to call for elections.
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