Legislative Decree No. 6-2025 by which provisions of the Law for the Transparent Administration and Execution of the Electoral Budget for the 2025 Primary Elections are reformed
Congreso Nacional
- Decree: 6-2025
- Published: February 5, 2025
- Issuing body: Congreso Nacional
- Gazette: 36,758
- Category: Constitutional
Summary
This decree simplifies procurement processes for the 2025 Primary Elections. It allows the CNE to exempt national and foreign suppliers from bureaucratic registrations, and authorizes using 15% withholdings from payments as contract guarantees instead of traditional deposits, thereby speeding up the acquisition of electoral goods and services.
Considerations
Whereas, in accordance with Article 213 of the Constitution of the Republic, the National Electoral Council (CNE) has the initiative to propose laws on matters within its competence.
Whereas, it is necessary to establish the bases for simplifying and rationalizing special contracting procedures in order to guarantee the effective development of the Primary and Internal Elections 2025 to protect the political rights of citizens and the democratic institutions of the country.
Whereas, on September 7, 2024, Decree No. 84-2024 was approved, which contains the Law for the Administration and Transparent Execution of the Electoral Budget for the Primary Elections 2025, which was published in the Official Gazette "La Gaceta" on October 7, 2024.
Whereas, in the application and execution of said Law, the National Electoral Council (CNE) has identified obstacles and delays in the award and development of special contracting processes, which could affect the Primary and Internal Elections process of March 9, 2025, for which reason a reform is necessary to simplify the special contracting processes.
Whereas, in exercise of the constitutional powers of the National Electoral Council (CNE), it presented the Project to reform the Law for the Administration and Transparent Execution of the Electoral Budget for the Primary Elections 2025, in order to establish simplified parameters, respecting the elementary principles of public contracting, which facilitate the special contracting required for primary and internal elections in all their stages.
Whereas, the National Electoral Council (CNE), in accordance with the Electoral Law of Honduras, has the authority to supervise, organize, and direct electoral processes in the country.
Whereas, in accordance with Article 205, Subsection 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, decree, interpret, reform, and repeal laws.
Articles
Reform Article 2, numeral 1) of the LAW FOR THE ADMINISTRATION AND TRANSPARENT EXECUTION OF THE ELECTORAL BUDGET FOR THE PRIMARY ELECTIONS 2025, contained in Legislative Decree No. 84-2024, dated September 7, 2024 and published in the Official Gazette "La Gaceta" on October 7, 2024, Edition No. 36,658, and likewise, adding two (2) additional numerals thereto, under the designation of 8) and 9); which shall henceforth be read as follows:
SPECIAL PROCEDURE. For those contracts that, in accordance with current provisions, by their nature require to be awarded through the modality of public bidding or competitive selection, the following special procedure is established: 1) Define the terms of reference or bid documents in which the special requirements and obligations shall be established that simplify the contracting processes under conditions of speed, rationality and efficiency, carried out in application of this Decree and time periods in abbreviated form, as determined by the National Electoral Council (CNE) for the higher purpose of guaranteeing the primary and internal electoral process 2025; 2)….; 3)…; 4)…; 5)…; 6)…; 7)…; 8) In the processes of competitive selection, public bidding or direct purchase carried out by the National Electoral Council (CNE), national and/or foreign bidders shall be exempted from the requirement of registration before the Normative Office of State Contracting and Acquisitions (ONCAE). In the case of foreign bidders, their registration before the public commercial register of Honduras may be dispensed with, it being sufficient their registration in accordance with the legislation of their country of origin; and, 9) The National Electoral Council (CNE) may agree in Contracts executed with national and/or foreign bidders that the contract performance guarantee of companies providing goods or services shall be constituted through withholdings equivalent to fifteen percent (15%) of each partial payment, until completing the total amount. The amounts withheld for this purpose shall be returned to the Contractor in accordance with the conditions set forth in the Contract".
This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Session Room of the National Congress, on the fifth day of the month of February of two thousand twenty-five. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY JOSUÉ FABRICIO CARBAJAL SANDOVAL SECRETARY To the Executive Branch Therefore: Execute. Tegucigalpa, M.D.C., February 6, 2025. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY
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