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October 14, 2021In force

Agreement 15-2021

  • Decree: 15-2021
  • Published: October 14, 2021
  • Gazette: 35,746
  • Category: Constitutional

Summary

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This regulation allows people with physical disabilities or health conditions who cannot reach polling centers to exercise their right to vote at their own homes through Mobile Polling Stations. It was applied only in the Central District during the 2021 general elections, guaranteeing equality, inclusion, and respect for the political rights of these citizens.

Considerations

Whereas the Constitution of the Republic of Honduras establishes in its Article 60 that all men are born free and equal in rights, and that in Honduras there are no privileged classes, declaring that all Hondurans are equal before the Law, and that all discrimination on the grounds of sex, race, class and any other grounds harmful to human dignity is punishable.

Whereas the Constitution of the Republic establishes that for the exercise of the electoral function the National Electoral Council (CNE) is created, as an autonomous and independent entity, having responsibility for the electoral function and the administrative, technical and logistical acts and procedures.

Whereas the Universal Declaration of Human Rights stipulates that all human beings are born free and equal in dignity and rights, and that every person has the rights and freedoms proclaimed in the Declaration, without any distinction of race, color, sex, language, religion, political opinion or any other kind, national or social origin, economic position, birth or any other condition; noting that every person has the right to universal suffrage and to participate in the government of his country, having access on equal terms to the public functions of his country.

Whereas the International Covenant on Civil and Political Rights expresses that all citizens enjoy without any distinction and without undue restrictions, the rights and opportunities to participate in the conduct of public affairs, to vote and to be elected, to have access on general conditions of equality to the public functions of their country without any discrimination.

Whereas the Convention on the Rights of Persons with Disabilities of the United Nations Organization (UN) and its Optional Protocol were ratified by Honduras, therefore the States party to the Convention have the obligation to promote, protect and guarantee the full enjoyment of human rights of persons with disabilities, recognizing their political rights and the possibility of enjoying them on equal terms with others, eliminating any type of discriminatory practice.

Whereas the Law on Equity and Comprehensive Development for Persons with Disabilities sets as its purpose to fully guarantee to the person with disabilities the enjoyment of their rights established in the national legislation and international treaties of which Honduras is a part.

Whereas in accordance with the Electoral Law of Honduras, the National Electoral Council (CNE) has as objectives, among others, to protect and guarantee the free exercise of the political rights of citizens to achieve their conscious and effective participation in electoral processes; guiding its actions under the principles of legitimacy, universality, freedom, impartiality, transparency, non-discrimination, equity, pluralism, legality, good faith and equality, among others.

Whereas the Electoral Law of Honduras establishes suffrage for persons in special condition, guaranteeing its exercise to eligible citizens whose physical or health condition does not allow their presence at the Polling Station that corresponds to them; and provides that the National Electoral Council (CNE) must issue by unanimous vote the regulations for the registration and exercise of suffrage at their place of residence.

Whereas given the immediacy with which the Electoral Law of Honduras and the Special Budget for General Elections 2021 were approved, as well as the fact that this constitutes a new modality to be implemented for the first time in these general elections, the exercise of suffrage at their place of residence will be carried out in a focused manner in the Municipality of the Central District due to the lack of necessary temporary, human, logistical and financial resources for its implementation at the national level, therefore it will be carried out in accordance with the principle of affirmative action applied to the specific list of eligible voters approved by the National Electoral Council (CNE).

Articles

Article 1.-

Purpose. This Regulation has the purpose of regulating the registration and exercise of suffrage by voters in their place of residence, who due to their physical condition or state of health are prevented from presenting themselves at the voting centers that correspond to them; as well as the organization and functioning of the Mobile Voting Reception Boards (JRVM), their composition and appointment of their members, functions, and the mechanism of suffrage under this modality for persons included in the final list of voters and voting notebook.

Article 2.-

Scope. For the exercise of suffrage in the place of residence, the National Electoral Council shall create the Mobile Voting Reception Boards (JRVM) that are necessary for the municipality of the Central District, department of Francisco Morazán, in accordance with the principle of equity and affirmative action, based on the final list of voters and electoral geographic sectors that the National Electoral Council has previously determined.

Article 3.-

Rights Holders. The National Electoral Council recognizes as rights holders under the modality of suffrage in their place of residence, persons who due to their physical or health conditions cannot travel to the corresponding voting center, but who have intellectual capacity for the exercise of suffrage, and may be assisted by a person of their trust. CHAPTER II ON THE REGISTRATION OF VOTERS IN THEIR PLACE OF RESIDENCE

Article 4.-

Registration of voters in their place of residence. The National Electoral Council shall request from the Disability Directorate of the Secretariat of Development and Social Inclusion (SEDIS), from the Federations of and for Persons with Disabilities, and from the National Registry of Persons (RNP), lists or databases of persons who due to their physical or health situation cannot move to the voting centers, in order to be included in the registration of voters under the modality of suffrage in their place of residence and to be qualified to exercise their right to vote through the Mobile Voting Reception Boards (JRVM) established by the CNE.

Article 5.-

Registration Requests. Registration requests may be submitted by legally constituted civil society organizations that, in accordance with their bylaws, work on the subject of social inclusion. Citizens may also submit requests if, due to their physical or health condition, they have a direct interest in being included as rights holders in the modality of suffrage in their place of residence. In accordance with the previous paragraph, requests must contain the complete personal data of citizens as required by law, exact address, telephone number, physical or health condition, and comply with the requirements indicated in Article 7 of this Regulation.

Article 6.-

Physical and Health Condition. The physical or health condition that prevents the citizen from traveling to the voting center that corresponds to them must be accredited through on-site visits by CNE personnel in which such circumstance is verified and the diagnosis certification is provided by the treating physician.

Article 7.-

Acceptance. The acceptance of the citizen to participate in the modality of suffrage in their place of residence must be documented in writing or by means of a fingerprint, and must include a detailed explanation of the manner in which the modality will be developed and completion of the respective acceptance form.

Article 8.-

Formation of the register of voters in their place of residence. The register of voters shall be formed with the database of the institutions and organizations previously indicated, with those who present a written request, and those who express their acceptance to vote under the modality of suffrage in their place of residence. For the validation of the data, the following procedure shall be carried out: 1. The National Electoral Council, in coordination with the Federations for Persons with Disabilities, shall establish the rights holders of the modality, taking into account the database of the Disability Directorate of the Secretariat of Development and Social Inclusion, the National Registry of Persons (RNP) and the Federations, in accordance with what is established in this article. 2. Voter registration forms shall be applied in the modality of suffrage in their place of residence, in which the express acceptance of the rights holder must appear in two original copies, one for the CNE registry and another for the voters who are part of the modality. 3. Field visits shall be conducted by the Inclusion Unit and the Census and Cartography Department of the CNE, in which, in addition to the circumstances set forth in Articles 6 and 7 of this Regulation, the following shall be verified: Place of residence, accessibility to and from the home or place where the citizen resides, the safety of the surroundings and other circumstances of importance in relation to the place and physical space where the voter is located, in order to develop the necessary logistics for the day of the general elections. 4. The route sheet shall be prepared, with times and distances from the place of residence of each citizen rights holder who participates in the modality in order to have the itinerary ready on the day of the general elections. 5. In accordance with what is indicated in Articles 4 and 5 of this Regulation, the preliminary list of voters who are rights holders under the modality of suffrage in their place of residence shall be established. 6. The National Electoral Council shall prepare the final list of voters, taking into account the preliminary list and the data of the citizens who participated in the process described in this article and who are part of affirmative action as rights holders of the modality in their place of residence. 7. The final list of voters in their place of residence is the basis for the formation of the voting notebook of the Mobile Voting Reception Boards. CHAPTER III ON THE MOBILE VOTING RECEPTION BOARDS

Article 9.-

Mobile Voting Reception Boards (JRVM). The Mobile Voting Reception Boards (JRVM) are integrated by the National Electoral Council and are constituted for the exercise of suffrage by voters in their place of residence, guaranteeing the principles of equality and non-discrimination and affirmative action in accordance with the Electoral Law of Honduras. For such purpose, they shall be responsible for facilitating and guaranteeing the practice of suffrage in their place of residence, and must travel to the home of the rights holders in accordance with the established geographic sectors, final list of voters and voting notebook approved by the CNE for this modality.

Article 10.-

Composition of the JRVM. The Mobile Voting Reception Boards in general elections shall be composed of 5 principal members with voice and vote, and their respective alternates, appointed by the political parties. The assignment of each of the positions of the Voting Reception Board shall be determined in the following manner: one President, one Secretary, one Poll Clerk, assigned in an equitable manner to the three most-voted political parties at the presidential level in the last election; a first vocal and a second vocal integrated in a random manner, at the proposal of the other political parties starting with the order of creation.

Article 11.-

Observer Delegates. Political parties and independent candidacies that do not have representatives in the Mobile Voting Reception Boards may accredit observer delegates before the National Electoral Council (CNE) for each Mobile Voting Reception Board, and may report irregularities in said process, which must be recorded in the incident report.

Article 12.-

Mandatory Nature of Members. The acceptance of the position of member of the Mobile Voting Reception Boards is mandatory and may only be resigned from the performance thereof for the causes established by law.

Article 13.-

Functions of the JRVM. The main functions of the Mobile Voting Reception Boards are the following: 1. Receive the electoral briefcase. 2. Proceed with its installation. 3. Sign the opening minutes of the voting. 4. Proceed in accordance with the route sheet. 5. Guarantee the exercise of suffrage. 6. Make decisions and resolve by simple majority of votes. 7. Allow the accompaniment of national and international observers. 8. Extend the voting if necessary. 9. Guarantee the publicity of the count. 10. Sign the closing minutes. 11. Carry the closing minutes signed by all members for transmission from the nearest Voting Center to the place where they are installed for opening. 12. Deliver the certified copy envelope of the closing minutes to the Municipal Electoral Council. 13. Comply with electoral instructions and other provisions issued by the CNE.

Article 14.-

Exercise of Offices. The members of the Mobile Voting Reception Boards who are selected and appointed must exercise their offices independently, subordinate to the law and respectful of the hierarchical relationship of the superior electoral bodies. The principal and alternate members of the Mobile Voting Reception Boards who exercise their offices must sign the minutes and other documentation in the office they have held, and must record said circumstance in the corresponding incident report.

Article 15.-

Prohibitions of the JRVM. The main prohibitions of the Mobile Voting Reception Boards are the following: 1. Induce the voter to modify his or her political preference, 2. Violate the secrecy of the vote, 3. Present oneself armed, in a state of intoxication or under the effects of any other drug, 4. Engage in political proselytism, 5. Wear insignia that identify him or her with any political party or candidacy, 6. Abandon the Mobile Voting Reception Board without justified cause, 7. Prevent assisted voting or the support of the companion to the person with disability, 8. Other prohibitions contained in electoral instructions and other provisions issued by the CNE.

Article 16.-

Training of the JRVM. The Inclusion Unit of the CNE together with the National Institute of Political Electoral Training of the National Electoral Council shall prepare a Manual with step-by-step procedures to facilitate the organization and functioning of the JRVM on the day of general elections, as well as the development of voting, scrutiny and transmission of the closing record among others and shall include in its training schedule its owner and alternate members. The Instruction Manual for Members of the JRV shall be the base document for training. The Manual shall be socialized in all in-person training sessions held in the Central District and through the virtual classroom, with all actors in the process: party political observers, members of the National Police and Armed Forces, accredited national and international observers and civil society, as well as the role of the electoral custodian as appropriate. CHAPTER IV EXERCISE OF SUFFRAGE IN THE PLACE OF THE ELECTOR'S RESIDENCE

Article 17.-

Requirements. The requirements for the exercise of suffrage in the modality of the place of the elector's residence are: 1. To possess a national identity document, issued by the National Registry of Persons (RNP). 2. To be in the enjoyment of their civil and political rights. 3. To be included in the definitive list of electors and voting notebook for the exercise of suffrage in this modality. 4. To have accepted being part of the modality of suffrage in the place of their residence. 5. To comply with the procedure for the exercise of suffrage established in this Regulation. 6.

Article 18.-

Coordination Commission. For the development of the modality of suffrage in the place of residence, the CNE shall form a Coordination Commission, which shall be composed of the Co-Directors of the Direction of Political Organizations and Candidacies, an official from the Inclusion Unit, and the Municipal Electoral Council of the Central District. The main function of this commission is to coordinate all that is necessary to ensure compliance with this Regulation, the JRV Instruction Manual as applicable and the Manual approved for this purpose, ensuring respect for human rights and political freedoms of electors.

Article 19.-

Route Map of the JRVM. The route map contains the route that the Mobile Ballot Reception Boards shall travel on the day of general elections to make effective the right to suffrage of electors registered in the modality of suffrage in the place of their residence, in accordance with the definitive list of electors and electoral geographic sectors established by the CNE. The Department of Cartography and Census shall provide georeferenced urban maps for each route if necessary and shall support the entire process so that it develops in the most efficient manner. The JRVM shall follow the established route, complying with the times indicated according to the itinerary and scheduled logistics, which shall be known to the elector who with due notice shall know the time of arrival of the JRVM.

Article 20.-

Transfer of the JRVM. For the transfer to the residences of electors, the members of the Mobile Ballot Reception Boards shall be accompanied by the National Police and/or the Armed Forces, a representative of the National Commissioner for Human Rights in Honduras (CONADEH), and an official from the Census and Cartography Unit who shall be responsible for monitoring the route map.

Article 21.-

Electoral Observation. For observation and transparency, the accompaniment of duly accredited national and international electoral observers, as well as civil society organizations in the suffrage process in the place of the elector's residence shall be facilitated, always based on what is established by the Electoral Law of Honduras and agreements executed by the CNE.

Article 22.-

Preparation, Transfer and Distribution of Electoral Material. The preparation, transfer and distribution of electoral material shall be done in accordance with the Electoral Law of Honduras, the respective Regulation and Manual. The specific material that is required shall be prepared according to the requirements of the modality of suffrage in the place of residence and shall be approved by the CNE. The electoral ballot box of the Mobile Ballot Reception Boards shall contain the same material that corresponds to the other ballot reception boards as indicated by the Law, its regulations and Instructions, taking into account that the voting notebook is prepared based on the definitive list of electors previously approved for this modality by the CNE. CHAPTER V INSTALLATION, TRANSFER, VOTING AND SCRUTINY

Article 23.-

Installation and Opening. The Mobile Ballot Reception Boards shall be installed in the offices of the National Electoral Council located at the National Institute of Professional Training (INFOP), at 06:00 hours on November 28, 2021, in accordance with what is established in the Electoral Law of Honduras, Regulations and Instructions approved by the CNE. The president of the Mobile Ballot Reception Board shall receive from the Electoral Custodian and in the presence of the other members, the electoral ballot box, verifying that it is properly closed and labeled, and must follow the procedure indicated in the respective Instructions. Once the electoral ballot box is opened by the president, it shall be verified with the other members that the documents and electoral materials are complete and in accordance with the inventory sheet, and the procedure indicated in the JRV Instructions shall be followed. Subsequently, the secretary shall proceed to fill out the opening record in accordance with what is stipulated in the Instructions, noting any circumstances in the incidents sheet. Then, the president shall administer the oath to the members of the Mobile Ballot Reception Board, following what is established in the Instructions.

Article 24.-

Transfer. Once the opening procedure has been completed, the JRVM shall leave the facilities in the vehicles designated for this purpose, moving to the residences of registered electors, and beginning the route in accordance with the designed route map, being unable to incorporate new members once the process has begun. Party political observer delegates, national and international observers and others must use their own means of transportation. For the day of the 2021 general elections, the members of the JRVM and other accompanies shall be visibly identified, as well as the vehicles in which they are transported, in order to provide certainty, confidence and security to the process and to the citizen who shall exercise suffrage in this modality. The transport of the electoral ballot box shall be carried out under the custody and surveillance of the Armed Forces, as indicated in the respective Instructions.

Article 25.-

Exercise of Voting. For the exercise of the right to vote of citizens registered in the definitive list of electors and voting notebook of this modality, and of the members of the JRVM, what is established in the Electoral Law of Honduras, this Regulation, the JRV Instructions and the Manual that determines the step-by-step procedure shall be observed, as well as the Regulation of the Departmental Electoral Councils and Municipal Electoral Councils, approved by the National Electoral Council.

Article 26.-

Scrutiny. Once the route has been completed, the members of the Mobile Ballot Reception Boards shall return to the National Electoral Council located at the INFOP facilities, proceeding to exercise suffrage therein. Subsequently they shall begin the scrutiny in accordance with the procedure established in the Law and respective Instructions, drawing up the respective closing record signed by all members, and the Board must proceed in full to the designated Transmission Center, to transmit the closing record containing the results, in the same order in which the scrutinies are conducted. The Board shall deliver to the Municipal Electoral Council, in an envelope, the certified copy of the closing records for the corresponding scrutiny for informational purposes only and once the scrutiny is completed they shall package the documents and return the electoral ballot box to its place of origin at the offices adjacent to CNE-INFOP. In all matters the procedure established by the Electoral Law of Honduras, its Regulations and Instructions shall be followed. CHAPTER VI COMMON PROVISIONS

Article 27.-

Rights-Based Approach. For the development and execution of the modality of suffrage in the place of residence, the Electoral Law of Honduras, its applicable Regulations and Instructions shall be taken as the basis, all with a vision of respect and protection of human rights, as established in the Constitution of the Republic and international treaties executed by Honduras. The members of the JRVM must at all times guarantee and respect the specific rights of the elector and his or her will expressed in the manner chosen by him or her.

Article 28.-

Biosecurity Measures. Given the current situation of the Covid 19 pandemic, and that the participants in this modality are in a situation of vulnerability, the members of the JRVM shall at all times follow what is established in the Protocol of Action and Biosecurity, especially regarding the use of gel or alcohol, use of masks, social distancing, and any other measure of place and manner that is deemed appropriate to apply for suffrage in the place of residence, ensuring that it is followed to safeguard at all times the health of citizen electors and their own.

Article 29.-

Neutrality. Duly accredited national and international observers, party political observer delegates, and others who accompany the implementation of the modality, shall allow the development of the process without interference, refraining from expressing opinions during it, and without prejudice to impartiality and transparency, principles that guide the Electoral Law of Honduras.

Article 30.-

Incidents Sheet. If during the execution of the modality of suffrage in the place of residence on the day of general elections, any unforeseen circumstance should arise, the members of the JRVM shall make the determinations they deem appropriate, based on the Electoral Law of Honduras, Regulations and Instructions, all of which shall be recorded in the incidents sheet.

Article 31.-

Resolution. Cases and situations not provided for in this Regulation shall be heard and resolved by the Plenary of the National Electoral Council (CNE). CHAPTER VII FINAL PROVISIONS

Article 32.-

Effective Date. This Regulation shall enter into force on the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the plenary session room of the National Electoral Council, on the tenth (10) day of the month of September of the year two thousand twenty-one (2021). Signature and Seal: DR. ANA PAOLA HALL GARCÍA, ADVISOR PRESIDENT; LIC. KELVIN FABRICIO AGUIRRE CÓRDOVA, ADVISOR SECRETARY; LIC. RIXI RAMONA MONCADA GODOY, ADVISOR VOCAL; LIC. ALEJANDRO MARTÍNEZ QUEZADA, GENERAL SECRETARY. A copy of this document shall be delivered to the Office of the Advisors, Administrative and Financial Management Directorate, Electoral Observation Project, in charge of the Web page. For the pertinent legal purposes, this Certification is extended in the city of Tegucigalpa, Municipality of the Central District, on the tenth (10) day of the month of September of two thousand twenty-one (2021). LIC. ALEJANDRO MARTÍNEZ QUEZADA GENERAL SECRETARY

Notes

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