Agreement 27-2025
- Decree: 27-2025
- Published: March 5, 2025
- Gazette: 36,782
- Category: Constitutional
Summary
This regulation establishes rules controlling electoral campaigns, political advertising, and opinion polls during Honduras' 2025 primary elections. It affects political parties, candidates, media outlets, and advertising companies, prohibiting false propaganda, ads involving minors, or use of public resources, and establishing procedures for filing complaints and imposing fines.
Articles
OBJECT. The purpose of this Regulation is to establish the rules for supervision and control of electoral campaign and propaganda, opinion polls and surveys, as well as public meetings and political demonstrations for the 2025 Primary and Internal Elections.
OBLIGATED SUBJECTS. For purposes of this Regulation, the following are obligated subjects: (
- i)
Internal Movements of Political Parties; (
- ii)
Candidates for elective offices at their different electoral levels; and, (
- iii)
public and private legal entities, public institutions or entities, media outlets, and polling companies.
STAGES OF THE ELECTORAL PROCESS. For purposes of the application of this Regulation, the following stages are distinguished: 1. Electoral Period: Period that begins with the Call for Primary Elections and ends with the Declaration of Primary Elections, comprised from September 8, 2024 through April 8, 2025. 2. Electoral Campaign: For purposes of what is established in article 216 of the Electoral Law, it is the period that begins from the day of the Call for Primary Elections and concludes one (1) day before the start of electoral silence, that is, Monday, March 3, 2025 at eleven hours and fifty-nine minutes (11:59 p.m.). 3. Electoral Propaganda: For purposes of what is established in article 217 of the Electoral Law, it is the period that begins fifty days (50) before the conduct of Primary and Internal Elections and concludes one (1) day before the start of Electoral Silence. 4. Electoral Silence: For purposes of what is established in article 223 of the Electoral Law, Electoral Silence begins from Monday, March 3, 2025 at eleven hours and fifty-nine minutes (11:59 p.m.). 5. Conduct of Voting: For purposes of what is established in article 263 of the Electoral Law, it begins on March 9, 2025 at 07:00 hours and concludes at seventeen hours (05:00 p.m.) of the same date. CHAPTER II ELECTORAL CAMPAIGN AND PROPAGANDA
PROHIBITED POLITICAL PROPAGANDA. In addition to the prohibitions established in article 226 of the Electoral Law, the following are included: 1. The use of public goods and/or resources to make, place, or distribute electoral propaganda. 2. That which makes use of the participation of children and adolescents, except where it concerns the candidate's immediate family. 3. All dissemination of information that contains data, statements of facts, estimates, or figures contrary to the truth and that for such reasons is determined to be false, referring to candidates and the electoral process. 4. That which incites hatred or that apologies for crime.
ANONYMOUS ELECTORAL PROPAGANDA. For purposes of article 227 of the Electoral Law, companies contracted to disseminate or produce propaganda are obligated to collect the name, signature, and number of the National Identification Document (DNI) of the person responsible for the propaganda. Legal entities that contract propaganda services must be backed by the signature of the legal representative or their attorney-in-fact. The lack of these requirements shall be equivalent to anonymous propaganda. CHAPTER III RESPONSIBILITIES OF MEDIA OUTLETS
RESPONSIBILITY OF MEDIA OUTLETS, ADVERTISING COMPANIES AND DIGITAL PLATFORMS. Social media outlets and companies dedicated to the dissemination and production of propaganda and advertising are obligated to cooperate at all times with the National Electoral Council in compliance with what is provided in the Electoral Law of Honduras and this Regulation, insofar as it concerns them. They shall be equally responsible, in any case, for the printing, transmission, or publication of prohibited propaganda; jointly and severally with those responsible designated in article 220 of the Electoral Law and article 11 of this Regulation. CHAPTER IV REGULATION OF EXIT POLLS
AUTHORIZATION FOR EXIT POLLS. For purposes of the application of article 240 of the Electoral Law, the General Secretariat shall send to the Directorate of Political Organizations and Candidacies the list of authorized polling companies and copies of the polls for purposes of respective monitoring by the Electoral Campaign and Propaganda Control Project. CHAPTER V PUBLIC MEETINGS, POLITICAL DEMONSTRATIONS AND OTHER ACTIVITIES
COORDINATION OF THE CNE WITH COMPETENT MUNICIPAL AND STATE BODIES. The Municipal Mayoralties, the Municipal Justice Departments of the Mayoralties, the National Police, and the Honduran Land Transportation Institute (IHTT), shall coordinate what is necessary for compliance with what is provided in articles 246, 247, and 248 of the Electoral Law, and must communicate accordingly to the National Electoral Council (CNE). CHAPTER VI PROCEDURE FOR HANDLING COMPLAINTS AND SANCTIONS
PROCEDURE FOR HANDLING COMPLAINTS AND IMPOSING SANCTIONS. The procedure may be initiated at the request of a party or ex officio and shall be conducted in the following manner: 1. Initiation of Procedure: Any person may submit complaints to the General Secretariat of the CNE regarding violations of the provisions of the Electoral Law of Honduras and this Regulation, attaching the evidence that supports them. In case the complaint is not supported, the complainant shall be required to complete it within a period of three (3) days with the warning that, if they fail to do so, it shall be filed without further action. Likewise, the Electoral Campaign and Propaganda Control Project may initiate ex officio investigation proceedings for violations of the provisions of the Electoral Law of Honduras and this Regulation, and must issue the technical report with the corresponding recommendation. 2. Admission of the Complaint and Verification of Facts: Once the complaint is admitted, the General Secretariat of the CNE shall refer the file to the Electoral Campaign and Propaganda Control Project, so that it may conduct the corresponding investigations to verify the content of the complaint if it deems it pertinent, and must issue the respective report. 3. Requirement to Answer the Complaint: The CNE, through the General Secretariat, shall summon the complained party to answer the complaint in the file, for which purpose they may be represented by their Legal Attorney. The complained party may provide evidence that supports their defense. If the complained party fails to appear, the proceeding shall continue its course until the issuance of the corresponding Resolution. 4. Report: The General Secretariat of the CNE shall transfer the file to the Electoral Campaign and Propaganda Control Project, who must prepare and send a report to the Plenary of Counselors, within two (2) days following the answer to the complaint, with the corresponding foundation and recommendation as appropriate, either for application of the sanction or for administrative filing of the file on reasoned grounds. The National Electoral Council (CNE) through the Plenary of Counselors shall resolve within five (5) business days following the last notification. 5. Remedies: Against the resolution issued by the Plenary of Counselors, a Motion for Reconsideration may be filed before the National Electoral Council (CNE), at the time of notification or the following business day; and, an Appeal may be filed before the Electoral Justice Court (TJE) within three (3) business days following notification denying the Motion for Reconsideration.
CONSOLIDATION OF COMPLAINTS. When two (2) or more separate complaints are processed that, nevertheless, are intimately connected to each other and may be resolved by the same action, the National Electoral Council (CNE) may, ex officio or at the request of the interested parties, order their consolidation.
DEDUCTION OF FINES. The fines established in the Electoral Law of Honduras shall be applied once the resolution of the National Electoral Council is final. If directed to a natural or legal person, advertising company, polling company, or media outlet by way of simple fine, it must be paid through the TGR-1 form at the General Treasury of the Republic, or, through deduction from political debt or training fund in the case of the Political Party or Alliance, as appropriate. In the case of violations committed during Primary Elections by a determined Candidate, the deduction shall be applied to the political debt or training fund of the corresponding Political Party. CHAPTER VII EFFECTIVE DATE
Effective Date. This Regulation shall enter into force immediately and shall be transcribed and communicated to the Political Parties, National Electoral Commissions and must be published on the official website of the CNE and in the Official Gazette La Gaceta. Done in the city of Tegucigalpa, M.D.C., on the first (1) day of March of two thousand twenty-five (2025). Signature and Seals: ABG. COSSETTE ALEJANDRA LÓPEZ-OSORIO AGUILAR, COUNSELOR PRESIDENT; DRA. ANA PAOLA HALL GARCÍA, COUNSELOR SECRETARY; LIC. MARLON DAVID OCHOA MARTÍNEZ, COUNSELOR VOICE; ABG. TELMA CRISTINA MARTÍNEZ, GENERAL SECRETARY". To be published in the Official Gazette La Gaceta For the pertinent legal purposes, this Certification is issued in the city of Tegucigalpa, municipality of the Central District, on the second (02) day of the month of March of two thousand twenty-five (2025). ABG. TELMA CRISTINA MARTÍNEZ GENERAL SECRETARY Certification 734-2025, Minutes 08-2025, four (4) pages.
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