Agreement-02-2023-CNE

Purpose. This regulation has as its purpose to establish the set of rules or norms that develop the requirements and procedures for the constitution, inscription, and registration of political parties, in accordance with what is established in the Constitution of the Republic and the Electoral Law of Honduras.

Registration Period. This is the period that begins after the Declaration of General Elections and ends with the call to Primary and Internal Elections.

Principle of Parity. The State guarantees, under the protection of the principles of equality and non-discrimination, equal political participation by men and women, and recognizes it as a human right that must be respected in a democratic, representative, participatory, and inclusive society. This principle must be applied to positions of popular election and party leadership. Parity must also be applied not only to positions of popular election and party leadership, but to all structural levels thereof.

Alternation Mechanism. The slates presented to the National Electoral Council (CNE) must use the gender alternation mechanism (woman-man or man-woman) in such a way that two (2) persons of the same sex cannot appear consecutively on the slate. This mechanism must be applied to authorities of political parties, whether through direct secret ballot election by their affiliates or through second-degree election.

Accreditation of Observers. Each Political Party in Formation must accredit in the application for registration that it presents through its Representative, at least two (2) Observers (principal and alternate) to monitor the document review process and, where applicable, to become aware of inconsistencies and take action for correction through the Legal Representative. A simple copy of the Lawyer's Professional License Card and a simple copy of the National Identification Document of the Observers must be attached. Observers shall act as simple monitors; they shall have no right to issue an opinion regarding the registration.

Name and Surnames. The name and surnames of a member of party structures must be exactly as established in the National Identification Document. Pseudonyms, nicknames, or aliases shall not be accepted.

Address. The description of the address is mandatory in all electoral documents and formats that include it, and comprises: the exact location of the habitual residence, neighborhood, colony, village, hamlet, street, and identification or house number. CHAPTER II OF THE METHODS, APPLICATION, AND REGISTRATION REQUIREMENTS

Methods of Signature Verification. The National Electoral Council shall make available to political parties formats for signature verification, which shall be made available through the following modalities: a) Formats in paper form. b) Biometric devices.

Method Using Formats in Paper Form. The National Electoral Council (CNE) shall prepare a format that contains spaces to record the department and municipality with their respective codes, names and surnames of citizens, their National Identification Document number (DNI), and the fingerprint. The CNE shall reproduce and make available to the political party in formation the necessary quantity of formats to collect the number of signatures that this regulation establishes. This mechanism shall be used as a priority for the verification of signatures and fingerprints according to the procedure established in Article 128 of the Electoral Law of Honduras.

Biometric Devices. The National Electoral Council may arrange, according to technical and budgetary availability, the mechanism of biometric devices for use at the department and municipal level; said device must have all the biometric information of voters; this information shall contain the names and surnames of citizens, the number of the National Identification Document (DNI), and the minutiae of the fingerprints of the index fingers of both hands to carry out the respective verification. The National Electoral Council shall execute a Loan Agreement with the Legal Representative of the Political Party in formation, in which the quantity of devices given on loan, their unit and total value, the time in which the Legal Representative must return the devices to the National Electoral Council, shall be detailed; likewise, civil, criminal, and administrative liability shall be established for damage, loss, and disappearance of the biometric equipment to be delivered to them; in the same manner, an authenticated Affidavit must be signed before a Notary. In case of loss or damage to said equipment, they shall be responsible for the full payment thereof, upon a report issued by the Administrative and Financial Division (DAF), in order to establish its cost. The Division of Systems and Technological Strategies shall be in charge of the development of this application, as ordered in Article 128 of the Electoral Law of Honduras, and must request from the National Registry of Persons (RNP) the validation of the fingerprints, once the comparison and signature verification process has concluded.

Implementation of Verification Methods. The implementation of one of the mechanisms described in Articles 9 and 10 of this regulation must be unique; the implementation of one mechanism excludes the other, always prevailing in the determination of which mechanism shall be used, the one that guarantees greater speed and compliance with the deadlines established in the Electoral Law of Honduras and in this Regulation for the registration process of new political parties.

Prior Requirements to the Application for Registration. Citizens seeking to constitute a Political Party must adhere to what is established in

of the Electoral Law of Honduras, subsequently the Representative designated in the Notarial Act must present the application to the National Electoral Council accompanied by the Notarial Act; in said application, the method to be used for the collection of signatures must be specified, either paper formats or biometric devices.

Legal Opinion and Technical Opinion. Once the application is received together with the Notarial Act, said documentation shall be sent to the Legal Advisory office to issue the corresponding legal opinion and to the Division of Political Organizations and Candidacies to issue the technical opinion, this in order for the Plenary of Councilors to determine the continuation of the process or its inadmissibility.

Delivery of Paper Format Forms or Biometric Devices. Once the respective favorable order is issued, the interested party shall be notified to proceed with the delivery of the paper format forms or biometric devices, as applicable, in order to begin the collection of signatures. In both cases, an act of delivery must be signed, to place on record the day, date, and time on which the applicant received the paper formats or the biometric devices. If it were a signature collection procedure using biometric devices, the interested party must comply with what is established in Article 10 of this regulation.

Training on the use of biometric devices. The National Institute of Political Electoral Training shall be in charge of the training process on the use and operation of biometric devices for the personnel designated by the political party in formation, which shall not be less than 5 persons nor more than 10 persons.

Application for Registration. The application for registration of a Political Party shall be submitted in writing and approved at any time within the Registration period established in Article 2 of this Regulation. It shall be submitted through a duly accredited Legal Representative, accompanied by the documents indicated by the Electoral Law of Honduras and meeting the requirements established in Article 61 of the Administrative Procedure Law. If it is a registration process in which biometric devices were used for the collection of signatures, at the time of presenting the application for registration in accordance with what is established in Article 127 of the Electoral Law of Honduras, the Legal Representative of the party in formation shall also make the formal return of the biometric equipment provided as a loan, of which the corresponding record shall be drawn up. Once the biometric devices are returned, they shall be sent to the Directorate of Systems and Technological Strategies so that, together with the observers of the Party in formation, they may perform the download or extraction of the information contained and verify their condition, and shall submit to the General Secretariat the report resulting from such extraction and review.

Requirements and Documents to be attached to the Application. The application for registration of a Political Party, in accordance with what is established in

Article 127 of the Electoral Law of Honduras, must be accompanied by the following documents:

• a)

  Testimony of the Notarial Act of its Constitution;

• b)

  Declaration of Principles;

• c)

  Bylaws;

• d)

  Description and drawing of the emblem of the Political Party and indication of the name under which it will operate;

• e)

  Program of Political Action;

• f)

  Policy of equity and equality of gender;

• g)

  Organization of its authorities in at least 10 of the 18 departments of the country and at least 150 Municipalities of the 298 that comprise the country;

• h)

  Record of the session of the integration of its central authority; and, i. List of citizens supporting the application, equivalent to two percent (2%) of the total valid votes cast in the last general election at the presidential elective level that won the elections, equivalent to thirty-four thousand, three hundred thirty-six citizens (34,336) in the official format delivered by the National Electoral Council.

Uncorrectable Requirements. Applications that do not accompany all the documents detailed in the preceding article shall not be admitted. Documents that do not comply at the time of their presentation with the minimum requirements for the constitution of a political party, party structures and lists of citizens supporting the application shall not be correctable, in accordance with the following requirements:

• a)

  A minimum of fifty (50) citizens who appear in the Act of Constitution of a Political Party (Article 124 of the Law);

• b)

  The minimum number of ten (10) departmental party authorities and one hundred fifty (150) municipal authorities established in Article 16, paragraph g above, with integration of four (4) members at minimum;

• c)

  A number not less than 2% of citizens who must support the application for registration, equivalent to thirty-four thousand, three hundred thirty-six citizens (34,336).

Record of Documentation Received. Once the inventory of documents accompanying the application has been completed, the General Secretariat of the National Electoral Council with the support of the Legal Advisory Office shall draw up a record of the documentation received and shall deliver a copy to the Legal Representative of the Political Party in formation, adding the original to the case file. The support lists and party structures, as well as their supporting documentation, shall remain in custody of the National Electoral Council, under the responsibility of the Project for the Registration of Political Parties and must be delivered properly organized to the General Secretariat upon completion of the registration process.

Admission or Inadmission of the Application. Based on the Record referred to in the preceding article, the Plenary of the National Electoral Council shall declare the registration application admissible or inadmissible. In the event it is declared admissible, it shall order the transcription of lists and listings for verification. If the application is declared inadmissible, the National Electoral Council shall order the filing of the proceedings, without prejudice to the remedy of administrative reposition before the National Electoral Council, which must be filed within three (3) business days following notification of the resolution; and against the resolution that declares the reposition remedy without merit, the Appeal Remedy shall proceed before the Electoral Justice Tribunal, which must be filed within three business days following notification thereof. CHAPTER III PROCEDURE FOR REGISTRATION OF POLITICAL PARTIES

Transcription of Verification Lists in paper formats. The National Electoral Council through the Project for the Registration of Political Parties and in the presence of the Observer, shall collate the structures presented by the political party and the lists of citizens supporting the registration application against the National Electoral Census or other pertinent records, verifying their names, surnames, number of the National Identification Document and other data it deems pertinent, within a period of thirty (30) business days following admission. Once the minimum number of signatures has been collated, the Council may continue with the collation up to a 10% surplus of the lists of required signatures and shall proceed with the corresponding legal proceedings.

Party Structures. In the party structures that are presented with the application for registration of a Political Party, the central or national, departmental and municipal authorities must be constituted with their respective names and positions. The nomenclature of the accredited authorities must be equal to that established in their Bylaws. For purposes of presentation and admission of the application, the party structures that are accredited must be integrated by a minimum of four (4) members, following the order established in their Bylaws. In the nomination of such authorities, the Principle of Parity and the Mechanism of Alternation shall be applied, in such a way that, if the first position corresponds to a woman, the second shall correspond to a man and so on successively. In the event that the structures that are accredited are greater than four (4) positions and odd, this mechanism shall be applied from the first to the last position.

Support of Lists or Information from the Biometric System. For purposes of registration of a political party, lists or listings shall be valid, as well as the information contained in the biometric system that is presented in accordance with what is established in Article 17, paragraph i of this Regulation and in accordance with the signature validation method used. Once the Party in formation has concluded with the collection of signatures both in biometric system or in paper formats, in both cases it must present them before the General Secretariat to jointly initiate with the Project for the Registration of Political Parties, the validation of signatures supporting the Registration of the Political Party in formation, as well as its party structures.

Circumstances not permitted in structures in both methods. The Council shall verify that the citizens who form part of these structures are not in the following circumstances: a. That they do not form part of the structure of any legally registered Political Party, nor of another or other Political Parties in formation, respecting the right of precedence; and, b. That they do not hold more than one position in the same Political Party in formation, unless their Bylaws contemplate it. If any of the circumstances listed in the preceding numerals is verified, an order shall be issued requiring the petitioner to remedy it within a period of three (3) business days from notification, and if they fail to do so within said period, without further proceedings, the filing of the case shall be ordered.

Validity of Signatures. For purposes of registration of a Political Party, if in the list of citizens supporting its registration, the same person appears two or more times in the same Political Party, their support shall only be counted once. When the collation of the lists shows that there are citizens who also support the lists of other Political Parties in formation, the National Electoral Council shall accept a duplication of up to two percent (2%) of required signatures and shall disregard the excess duplication, applying in this case the principle of precedence.

Result of the Collation of Supporting Signatures. Upon completion of the transcription of the Party Structures, the Project for the Registration of Political Parties shall submit a report to the Plenary through the General Secretariat, with details of the inconsistencies found, so that it may be notified to the corresponding Political Party through its Observer and Legal Representative, for the purpose of remedying them within a period of ten (10) business days from notification. Upon completion of the collation of the lists of citizens, the Project for the Registration of Political Parties shall submit the corresponding report to the General Secretariat, for it to be brought to the attention of the Plenary of Advisors, indicating whether or not the Political Party complies with the minimum requirement of supporting signatures established in Article 9 of this Regulation. In case of non-compliance with this requirement, the National Electoral Council shall resolve the non-registration of the Political Party, a resolution that shall be appealable before the Electoral Justice Tribunal within three (3) business days following notification of the resolution.

Declaration of Principles. The National Electoral Council shall verify that the Declaration of Principles contains mandatory each of the following requirements:

• a)

  The obligation to comply with the Constitution and the laws of the Republic;

• b)

  The obligation to achieve its objectives through democratic, representative and participatory means;

• c)

  The political, economic and social ideological principles it professes, which may not contravene what is described in the preceding paragraphs;

• d)

  Respect the will of the majorities and not subordinate its actions to directives of national or foreign, public or private entities that threaten the sovereignty and independence economic, political and cultural of the State, its democratic and representative form of government and constituted authorities; and, e. Recognition of gender equality, non-discrimination and equal opportunities.

Bylaws. The National Electoral Council shall verify that the Bylaws contain mandatory each of the following requirements:

• 1)

  The name of the Political Party itself, the emblem, color or colors that characterize and differentiate it, with mandatory definition of the color in hexadecimal code (universal color coding);

• 2)

  The procedures for affiliation of its members, detailing the mechanism for keeping control of its membership;

• 3)

  The rights and obligations of its members;

• 4)

  Political, administrative and technical bodies, with details of their functions and obligations: a. A deliberative and normative body of national character, it is the highest authority of a Political Party, must perform legislative functions, and must mandatorily establish: a.1 Number of delegates or equivalent, detailing their departmental or municipal distribution as the case may be; a.2 System of election or appointment; a.3 Form of election; a.4 Duration of the position; a.5 Requirements to be elected; a.6 Prohibitions; a.7 Form of convocation and who performs it; a.8 Classes of Sessions: Ordinary / Extraordinary; a.9 The frequency with which they meet; a.10 Functions, attributions, rights and obligations; a.11 Grounds for leaving office and establish mechanisms for appointing vacancies; and, a.12 Others deemed necessary. b. A National Executive Body, it is the organ of party leadership. The President represents before the National Electoral Council, society and state institutions the Political Party. Must mandatorily establish: b.1 Structure of the Organization: b.1.1 President, Vice President, General Secretary, Treasurer and Board Members; or, b.1.2 Coordinator, Sub Coordinator, Commissions and Secretariats, among others; b.2 Requirements to be members; b.3 Form of election; b.4 Functions, attributions, rights and obligations; Duration of the position; Prohibitions; b.5 Frequency with which they meet; b.6 Grounds for leaving office and establish mechanisms for appointing vacancies; b.7 Others deemed necessary. c. Departmental and municipal bodies, is another organ of party leadership. The President represents before the departmental and municipal community the Political Party. Must mandatorily establish: c.1 Structure of the Organization: c.1.1 President, Vice President, General Secretary, Treasurer and Board Members; or, c.1.2 Coordinator, Sub Coordinator, Commissions and Secretariats, among others; c.2 Requirements to be members; c.3 Form of election; c.4 Functions, attributions, rights and obligations; c.5 Duration of the position; c.6 Prohibitions; c.7 Frequency with which they meet; c.8 Grounds for leaving all positions and establish mechanisms for appointing vacancies; and, c.9 Others deemed necessary. d. Body responsible for political and ideological training and education. Must mandatorily establish: d.1 Name with which it will be identified; d.2 Training Center, Institute of Political Training, School of Training, among others; d.3 Structure: Director, Rector, Secretary of Training, Coordinator and work areas; d.4 Requirements to occupy the position or positions; d.5 Functions, attributions, rights and obligations; d.6 The mechanisms by which it is elected; d.7 Duration of the position or positions; d.8 The resources with which it will act; and, d.9 Others deemed necessary. e. The formation of a financial body with details of its functions and obligations and the pertinent regulations regarding transparency and accountability. Must mandatorily establish: e.1 Form of integrating the Body: e.1.1 Unipersonal: Treasurer; Member of Financial Affairs, Finance Secretariat; or, e.1.2 Collegial Body: Financial Management, Finance Commission; e.2 Number of members that integrate it, as the case may be; e.3 Requirements to occupy the position or positions; and, e.4 Functions, attributions, rights and obligations; e.5 The mechanisms by which they are elected; e.6 Duration of the position; e.7 Patrimonial and financial rules of the Institution; and, e.8 Others deemed necessary. f. Establish a body for the resolution of internal conflicts and the procedural rules for such purpose, it is the body in charge of administering justice in what pertains to non-compliance with the obligations that correspond to members of the Political Party. Must mandatorily establish: f.1 Name with which it will be identified, which may be the following: f.1.1 Court of Honor; f.1.2 Court of Party Justice; f.1.3 Disciplinary Court; f.1.4 Disciplinary Committee, among others; f.2 Number of members and form of integration; f.3 Requirements to integrate; f.4 Form of election; f.5 Functions, attributions, rights and obligations; f.6 Duration in office; f.7 Prohibitions; f.8 Frequency with which they meet; and, f.9 Form of convocation. 5. The democratic procedures for designation, integration and renewal of the directive, administrative and technical bodies by direct internal elections, second-degree elections or appointment; 6. The procedures for statutory reform; 7. The rules for the democratic nomination of its candidates in the event there is no internal contest for the primary elections ordered in this Law; 8. The obligation to present an electoral platform for each election in which it participates, sustained in its declaration of principles and program of political action; 9. The obligation of its candidates to support and disseminate the electoral platform during the electoral campaign in which they participate; 10. The sanctions applicable to members who infringe its internal provisions, the means and procedures of defense. It must mandatorily establish:

  • a)

    Rules of discipline and faults;

  • b)

    Procedures for filing complaints;

  • c)

    Types of Sanctions;

  • d)

    Means and procedures of defense;

  • e)

    Appeal procedures;

  • f)

    Grounds for leaving all offices and establish mechanisms for appointing vacancies; and, g. Others deemed necessary. 11. Rules relating to the expression of will of its affiliates in the adoption of ideology and in the formation of merger or alliances with another or other Political Parties; and, 12. In the bylaws that also contain rules relating to effective participation in equity and gender equality.

Political Action Program. The National Electoral Council shall verify that the Political Action Program contains mandatorily each of the following requirements:

• a)

  To practice the postulates and achieve the objectives set forth in its declaration of principles;

• b)

  To propose policies in order to resolve national problems; and, c. To provide ideological and political training to its members.

Testimony of the Notarial Deed of Incorporation. The Notarial Deed shall contain the following:

• a)

  The names, surnames and number of the national identification document of the requesters who wish to form a Political Party (data that subsequently the National Electoral Council shall verify against the National Electoral Census);

• b)

  The name with which the Political Party shall operate, which must be different and not similar to already constituted Political Parties, nor shall it have the name of persons, nor contravene the legal equality of Hondurans, c. Designation of the legal representative of the Political Party in formation, who is the person who shall act in representation of the party before third parties; and, d. Commitment to respect the Constitution of the Republic and the Electoral Law of Honduras (LEH).

Remedial Period. If from the examination of the documents it is determined that the legally established requirements are not met, the National Electoral Council (CNE) shall notify the Legal Representative of the petitioners so that they may proceed to remedy the same within a period not exceeding ten (10) business days, warning that in case of failure to do so, the filing of the proceedings shall be ordered ex officio.

Remedying of Inconsistencies. Once the inconsistencies have been remedied by the corresponding Political Party, they shall be presented before the General Secretariat through the Legal Representative, who in turn shall remit the corresponding documentation to the Political Parties Registration Project for its processing.

Final Report. Once the remedies have been processed, the Political Parties Registration Project shall remit the final report to the Plenary, through the General Secretariat, to continue with the corresponding proceedings.

Validation before the National Registry of Persons. The National Electoral Council, once it has verified compliance with the requirements established by Law, shall order remittance of a sample equivalent to 2% of the lists of supporting signatures to the National Registry of Persons for validation of fingerprints, with the National Registry of Persons obligated to remit the respective report on said validation.

Exhibition. Once the process of comparison and verification is concluded, the National Electoral Council shall exhibit the lists of citizens who support the registration application and the party structures that correspond to each municipality for a period of one (01) month, in the municipal offices of the National Registry of Persons and on the CNE website (www.cne.hn) so that citizens may verify their existence or non-existence in the Party Structures and/or lists supporting Registration to the Political Party in Formation. This exhibition period shall not apply when the procedure for collection of signatures has been using biometric devices.

Remittance of lists and distinctive signs of political parties in formation to already registered Political Parties. The National Electoral Council shall request each already registered Political Party to report on what places in the country they have headquarters, for the purpose of remitting to them in physical and digital format the lists of citizens who support the registration application and the party structures of the party in formation so that they may proceed with their respective exhibition. Likewise, the distinctive signs of the Party in formation shall be remitted to the central authority for their knowledge and to effectuate the actions they deem pertinent. CHAPTER IV CLAIMS

Deadline for Claims Due to Improper Use of Name. Claims shall be presented before the National Electoral Council within a period of one (01) month, counted from the publication of the lists supporting the registration and the party structures referred to in the preceding article, via electronic mail that shall be provided in a timely manner or in the format that for this purpose the CNE shall make available to the National Registry of Persons.

Resolution of Claims. Claims due to improper use of name in the lists or rosters supporting the registration and in the party structures shall be resolved by the Council within the term of five (5) business days following the expiration of the deadline for exhibition of the lists. In case of being declared well-founded, the name of the person considered affected shall be excluded from the list or roster and shall not be counted, notifying such action to the political party in formation and to the interested party, by the same means by which it was received; furthermore, the correction shall be made on the Council's website www.cne.hn. CHAPTER V RESOLUTION AND CHALLENGES

Resolution of Registration and Registry. Once the deadline for exhibition of the lists or rosters and party structures has expired and the claims, objections or challenges that may have been presented have been resolved, the National Electoral Council, upon technical report and opinion of the Legal Advisory, shall issue a resolution declaring with or without merit the Registration of the Political Party.

Publication. Once the resolution declaring the registration granted is issued, the National Electoral Council (CNE) shall order its publication in the Official Gazette "La Gaceta" and in two (2) simultaneous notices in two (2) mass media print outlets and shall effect the registration of the respective Political Party.

Remedies against the resolution deciding the registration application. Against the resolution denying or ordering registration of a political party, it may be appealed by the parties who have intervened in the proceedings through the Recourse for Reconsideration before the National Electoral Council (CNE) which shall be filed within the period of three (3) business days, following notification of the denying resolution or the date of its publication in the Official Gazette "La Gaceta", as the case may be, in a separate written document and duly motivated in which the grievances are expressed. The National Electoral Council (CNE) shall resolve said Recourse within five (5) business days following its filing. The parties may also, in a subsidiary manner, file the Appeal before the Electoral Justice Court (TJE) within a period of three (3) days, in accordance with article 21 of the Procedure Rules of the Appeal in Electoral Matters.

Action to Challenge the Registration of a Political Party. Citizens who consider themselves affected by the resolution ordering the registration of a political party may challenge it through the Appeal before the Electoral Justice Court (TJE). Said challenge shall be presented within three (3) business days following publication in the Official Gazette "La Gaceta". Once final, the file of merit shall be ordered archived. CHAPTER VI FINAL PROVISIONS

Legal Personality. Without prejudice to existing Political Parties, a political party acquires its legal personality at the moment of its registration in the register that the National Electoral Council (CNE) must keep for this purpose. From that date on, it enjoys the rights and is subject to the duties and prohibitions established in the Constitution of the Republic of Honduras, the laws, regulations and its own internal legislation; it has its own patrimony and domicile and legal capacity to perform the acts conducive to the achievement of its purposes, with no more limitations than those established in said legal bodies.

Effective Date. This regulation shall become effective as of its approval and must be published in the Official Gazette La Gaceta. Given in the Session Room of the National Electoral Council, in the city of Tegucigalpa, municipality of the Central District, on the thirty-first (31) day of the month of May of two thousand twenty-three (2023). Signatures and Seals: LIC. JULIO CÉSAR NAVARRO POSO, PRESIDENT COUNCILOR; DRA. ANA PAOLA HALL GARCÍA, SECRETARY COUNCILOR; ABG. KELVIN FABRICIO AGUIRRE CÓRDOVA, VOCAL COUNCILOR; ABG. TELMA CRISTINA MARTÍNEZ, GENERAL SECRETARY. To be published in the Official Gazette La Gaceta. For the pertinent legal purposes, this Certification is extended in the city of Tegucigalpa, municipality of the Central District, on the thirty-first (31) day of the month of May of two thousand twenty-three (2023). ABG. TELMA CRISTINA MARTÍNEZ GENERAL SECRETARY