Agreement 14-2021
- Decree: 14-2021
- Published: October 14, 2021
- Gazette: 35,746
- Category: Constitutional
Summary
This CNE regulation controls electoral campaigns and propaganda, polls, and political events in Honduras. It establishes what political parties and candidates can do to promote themselves, what types of propaganda are prohibited, how media must operate, and what sanctions apply for non-compliance during electoral processes.
Considerations
Whereas, for all matters related to electoral acts and procedures, there exists a National Electoral Council (CNE), autonomous and independent, with legal standing and competence throughout the Republic, whose organization and functioning are established by the Constitution and the Electoral Law of Honduras, which likewise establishes the provisions relating to other electoral bodies; having among its attributions the power to issue Regulations, Instructions, Agreements, and Resolutions.
Whereas, the National Electoral Council must establish the mechanisms and procedures that guarantee the implementation of electoral processes, legitimizing the political and electoral participation of citizens with equal opportunities.
Whereas, the National Electoral Council guarantees the equality of contenders and the electorate, ensuring that the electoral strength of competitors is not distorted, nor is the weight of popular sovereignty altered.
Whereas, it is an objective of the National Electoral Council to organize and administer territorially the electoral processes as an administrative and specialized technical body of the State, in matters of political and electoral affairs.
Whereas, the National Electoral Council, in accordance with what the Electoral Law of Honduras establishes in its Title VII, Chapters I, II, and III, regulates political activities at all times, electoral campaigns and propaganda, prohibitions applicable to public officials, surveys and opinion polls, as well as public meetings and political demonstrations.
Whereas, the normative provisions cited in the preceding recital and linked to the activities carried out during the general electoral process by political parties, alliances, and independent candidacies, merit their respective regulation for better development and application in order to achieve the strengthening of democracy, the pursuit of equality and fairness in electoral competition.
Whereas, it is within the authority of the National Electoral Council to issue the necessary regulations to conduct electoral processes in pursuit of harmonious participation by competitors and in compliance with current legal provisions.
Articles
Purpose. The purpose of this Regulation is to regulate the supervision and control of electoral campaign and propaganda, opinion polls and surveys, as well as public meetings and political demonstrations for the 2021 general elections.
Obligated Subjects. In the application of the Electoral Law of Honduras and this Regulation, the following are obligated subjects: political parties, alliances and independent candidacies, as well as candidates for positions of popular election at their different electoral levels and public and private legal entities, public institutions or entities, media outlets and polling companies.
Political-Electoral Activity. To strengthen the Honduran democratic system and the exercise of the rights to elect and be elected, the political-electoral activity carried out by the actors of the electoral process must be developed within the framework of respect for human rights, dignity, promotion of civic, political and electoral education, the fulfillment of the rights and duties established in the Constitution, International Treaties, Electoral Law of Honduras, other laws of the Republic, Statutes of Political Parties, Resolutions and Agreements of the CNE.
Stages of the Electoral Process. For the 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 General Elections. 2. Political Activity at All Times: Political parties may at all times conduct political activities to strengthen their organization, train themselves and inform their members and sympathizers about civic and democratic values in closed premises, sites and property of private ownership, without prior permission. 3. Electoral Campaign: Begins from the day of the Call for General Elections and concludes one (1) day before the holding of general elections. 4. Electoral Propaganda: Begins ninety days (90) before the holding of general elections and concludes one (1) day before the start of electoral silence, that is on November 22 at twelve at night (12:00 p.m.). 5. Electoral Silence: Electoral silence is comprised within the five (5) calendar days prior to general elections. 6. Voting: Begins at 07:00 hours on November 28, 2021 and concludes at 17:00 hours on the same date. CHAPTER II POLITICAL ACTIVITY AT ALL TIMES
Political Activity of Parties. Political parties may develop at all times political activities for the purpose of strengthening their organization, training themselves, making known by any means their declaration of principles and programs of political action, as well as to strengthen the processes of promotion of civic and democratic principles and values. Such activities may be conducted without prior permission in closed premises, sites and property of private ownership; as well as the dissemination with an informational character of the aforementioned activities through media outlets. Nevertheless, in no case should public order be disrupted, violence be used or permitted, nor should the image, good name, honor and personal and family privacy to which every person is entitled be harmed.
Permitted Acts. Within permanent political activity, the obligated subjects may carry out the following acts without prior permission or authorization in the terms of the preceding article: 1. Training and capacity-building activities for its members, activists and/or sympathizers in any point of the national territory, such as lectures, workshops, seminars, symposia and similar activities. 2. Activities of promotion, information, planning, organization with its activists or sympathizers. 3. Activities of institutional functioning, such as maintenance of headquarters, central and regional offices, among others. CHAPTER III ELECTORAL CAMPAIGN AND PROPAGANDA
Electoral Campaign. Electoral campaign is the set of activities carried out by political parties, alliances and independent candidacies, for the purpose of making known their ideological principles, government programs and promoting the candidates they have nominated for elective positions in order to capture citizen preferences, without the campaign explicitly requesting votes in favor of a specific political option.
Electoral Propaganda. Electoral propaganda is the activity that seeks to promote and exercise influence on the opinion and behavior of citizens to induce or request votes in favor of certain candidates of political parties, alliances of political parties and independent candidacies, as applicable, in places of public domain or using mainly mass media.
Monitoring and Follow-up of Electoral Campaign and Propaganda. The National Electoral Council (CNE), through the Unit of Communication and Image in coordination with the Directorate of Political Organizations and Candidacies and the Unit of Financing, Transparency and Oversight, shall conduct monitoring and follow-up activities of electoral campaign and propaganda, among others, the following: 1. To ensure compliance with the provisions and regulations regarding campaign, electoral propaganda and suspension thereof, as contemplated in the Electoral Law of Honduras and this Regulation. 2. To investigate and report on violations of the Electoral Law of Honduras and this Regulation, regarding campaign and electoral propaganda. 3. To request information regarding electoral campaign and propaganda from political parties, alliances of political parties and independent candidacies, their candidates, media outlets and other companies dedicated to the dissemination and preparation of propaganda and publicity, as well as from the parties subject to investigation, who shall be obligated to cooperate and facilitate the same without delay. 4. To monitor compliance with the suspension of electoral campaign and propaganda, surveys and opinion polls. 5. To prepare a final report of activities to the CNE where it reflects the results of its function, as well as the main findings and incidents resulting from the process, within the scope of its competence. For the fulfillment of this article, the Unit of Communication and Image in agreement with the Directorate of Political Organizations and Candidacies shall coordinate with the Unit of Financing, Transparency and Oversight the implementation of a monitoring mechanism, for which purpose a system of information shall be developed for the follow-up of the process of campaign and electoral propaganda conducted by political parties, alliances and independent candidacies, with the data provided by the obligated subjects. Likewise, it shall promote the necessary measures for the joint conduct of analysis and exchange of monitoring results of printed and digital media carried out by said units for general elections, and shall include monitoring of government institutional promotion campaigns from the central government, other branches of State, decentralized and deconcentrated entities and municipal corporations.
Permitted Political Activities in Electoral Propaganda. During the electoral propaganda period, political parties, their alliances, candidates and independent candidacies may conduct all types of distribution and dissemination activities of electoral propaganda through the use of television, radio stations, movie theaters, written newspapers, telephones, electronic mail, magazines, posters, billboards, fixed or mobile loudspeakers and any other system or means of private communication, without prejudice to what is related to the free exercise of thought enshrined in article 72 of the Constitution of the Republic and other public freedoms and rights guaranteed in the laws. Likewise, they may hold meetings, public gatherings, marches, caravans and rallies.
Persons Responsible for Content of Propaganda. Pursuant to what is provided in the preceding article, those who contract electoral propaganda are responsible for its content. Electoral propaganda must be maintained within morality and ethics and must comply with all provisions established in the Electoral Law of Honduras and this Regulation. To ensure compliance with this provision, the obligated subjects shall send to the Directorate of Political Organizations and Candidacies a copy of the propaganda in the medium or format contracted.
Obligation to Deliver Information. The National Electoral Council (CNE) directly or through the Unit of Financing, Transparency and Oversight to Political Parties and Candidates or other departments may request from companies and social media outlets all kinds of information regarding messages, advertisements and advertising spaces related to the advertising of political parties and electoral propaganda. This must be delivered immediately and without restrictions. All media outlets shall send to the National Electoral Council, without need for it to be requested, all invoices issued for the concept of electoral propaganda.
Period of Electoral Propaganda. Electoral propaganda for general elections may only be conducted within the ninety (90) calendar days prior to the holding of general elections. This period begins on August 30, 2021 at zero hours and one minute ante meridiem (12:01 a.m.) and concludes on November 22, 2021 at twelve post meridiem (12:00 p.m.). Outside the periods established in this article, electoral propaganda is prohibited by means of television, radio, social networks and digital media, written newspapers, magazines, billboards in public sites or places, fixed or mobile loudspeakers. Violators of what is prescribed in this Article shall be sanctioned with a fine of five (5) to twenty (20) minimum salaries. The same sanction shall be imposed on media outlets and companies involved, without prejudice to the nullities and criminal liability that corresponds to the violators.
Electoral Silence. Within the five (5) calendar days prior to general elections, that is from August 23, 2021, public demonstrations, all political propaganda, the dissemination of total or partial results of surveys or public opinion polls, printed, audiovisual, electronic, radiophonic, magnetic or any other kind of material are prohibited. Non-compliance with what is provided in this article shall be sanctioned with a fine of forty (40) minimum salaries.
Electoral Propaganda Activities. During the electoral propaganda period, political parties, their alliances and candidates and independent candidacies may hold marches, meetings, gatherings and public demonstrations, indoors or outdoors; travel through marches, caravans and rallies in public and private places; make publications and make use of media outlets. These activities must be conducted within the modalities and time periods established in articles 10 and 13 of this Regulation, complying with biosafety measures in effect due to the Covid 19 pandemic, always maintaining respect for human beings and respecting private and public property.
Means and Media that may be used in Electoral Propaganda. Within the electoral propaganda period, the following means may be used, among others: written media, electronic media, images, photographs, videos, drawings, caricatures or similar, recordings and spots disseminated, displayed or distributed through: 1. Signs, posters, banners, billboards and flags. 2. Luminous advertisements and fixed or mobile loudspeakers. 3. Bulletins, brochures, trifolds, posters, signs, stickers, flyers or pamphlets and similar materials. 4. T-shirts or other clothing items. 5. Calendars, pins, keychains, pencils and other advertising materials. 6. Newspapers, periodicals, magazines and similar publications. 7. Radio, television and cinema. 8. Electronic mail. 9. Telephone. 10. Any other private system or means.
Prohibited Political Propaganda. It is prohibited at all times: 1. To affix or paint posters, signs, drawings or other similar advertisements on buildings, furniture or equipment used by or owned by the State, public monuments, religious temples, traffic signals, signs and other objects on public roads or other spaces within the right-of-way. 2. To exhort citizens to support, adhere to, or separate from political parties, alliances, internal movements or independent candidacies; using religious beliefs or motives. 3. To affix propaganda over that already placed by others in authorized locations. 4. To obstruct the transit or vision of persons or vehicles. 5. Political printed propaganda without printer's identification. 6. To use national or foreign symbols and heroes, religious symbols, as well as expressions, allusions or arguments of a religious nature. 7. To use distinctive symbols or elements of other political parties, internal movements, alliances or independent candidacies. 8. Hiring of propaganda by a natural or legal person, the purpose of which is to discredit any political party, its alliances, candidates and independent candidacies. 9. That which employs images of facts and acts that jeopardize the mental health of Hondurans. 10. That which promotes non-compliance with the Law. 11. That which promotes disrespect for political parties. 12. That which violates the dignity of persons. 13. That which promotes electoral abstention. 14. Images or figures of children and women that improperly exploit their bodies. 15. Those that incite racism and racial discrimination. Violators must be sanctioned with a fine of twenty (20) to one hundred (100) minimum salaries, without prejudice to the deduction of the criminal liability that may apply. In addition to the prohibitions mentioned above, there are the following: 1 The use of public property and/or resources to make, place or distribute electoral propaganda. 2 That which uses the participation of children and adolescents, except when it is to highlight the family values of a candidate. 3 Sound propaganda disseminated from airspace. 4 Propaganda affixed over that already lawfully placed in public places and following authorized mechanisms. 5 To damage or destroy the propaganda of any political party or independent candidate. 6 To distribute electoral propaganda on the day of general elections. 7 Any dissemination of information containing data, statements of facts, estimates or figures contrary to the truth and which for these reasons are determined to be false, relating to candidates and the electoral process. 8 That which incites hatred, as well as apology for crime.
Anonymous Electoral Propaganda. Sanction. Anonymous propaganda is prohibited, understood as that in which the natural or legal person who promotes and hires it cannot be determined. The owners, directors or managers of printing presses, media outlets in general, or advertising companies are responsible for the printing, transmission or publication of anonymous propaganda. Companies contracted to disseminate or prepare propaganda are obligated to obtain the name, signature and Identity Card number of the person responsible for the propaganda. Legal entities that hire propaganda services must be backed by the signature of the legal representative or their authorized agent. The lack of these requirements shall be equivalent to anonymous propaganda. Violators of the provisions established in this article shall be imposed a fine of one hundred (100) to two hundred (200) minimum salaries. In case of recidivism, the cancellation of the operating permit by the corresponding authority shall be proceeded with, at the request of the CNE. The fines imposed on companies for this purpose by the National Electoral Council shall be deposited with the General Treasury of the Republic by means of the corresponding TGR-I form; and through the deduction of political debt or through the political training and education fund as decided by the CNE for political parties.
Use of State Media Outlets. The National Electoral Council (CNE) must make use of media outlets owned by the State to communicate, disseminate and guide the citizenry and the actors of the process on all matters relating to elections. As a mechanism for strengthening democracy, in general elections the National Electoral Council (CNE) shall have at its disposal said media, in accordance with the agreements it executes with the Executive and Legislative Powers, a time slot and/or space and must allocate, following the principles of equality and equity, the corresponding spaces to political parties, alliances of political parties and independent candidacies at the presidential level, participating in the electoral process.
Prohibition on the Use of State Media Outlets. Sanction. Except for what is provided in the preceding article, the use of State media outlets for electoral propaganda purposes is prohibited. Officials who violate this provision shall be removed from their positions by the corresponding authority and shall additionally be applied a fine of twenty (20) to one hundred (100) minimum salaries.
Equitable Access to Media Outlets. The National Electoral Council (CNE) may enter into agreements with media outlets to achieve equity in access and distribution of electoral propaganda in programs across different media. For its compliance, the Communication and Image Unit of the CNE shall be responsible for the application and monitoring of this provision.
Collaboration of Media Outlets to Guide the Citizenry toward their Best Participation. Radio, print and television media outlets, public and private, must collaborate in a special manner with the National Electoral Council (CNE), within the seventy-two (72) hours before the holding of elections, in order to guide the citizenry toward their best participation in the electoral process.
Suspension of State Advertising. During the electoral propaganda period and until the conclusion of election day, only campaigns for institutional promotion of the central government, other powers of the State, decentralized and deconcentrated entities and municipal corporations shall be permitted, with the prohibition that the image, voice, name and/or signature of the head of this institution, a political party or any candidate for elected office appear. The prohibition above does not apply to information campaigns by electoral authorities, those relating to health, natural disasters, civil protection and security in cases of emergency. The National Electoral Council shall send communication to the Ministry of State in the Offices of Governance, Justice and Decentralization, CONATEL and other corresponding institutions, in order to notify the beginning of the electoral propaganda period and suspension of state advertising.
Prohibitions for Public Officials and Employees. Sanction. It is prohibited for public officials and employees: 1. To attend political meetings during business days and hours. 2. To engage in acts of political proselytism within the State institution where they work. 3. To use the authority, means and influences of their positions to favor persons and political parties, their internal movements, their alliances, candidates, independent candidacies. 4. To use government acts, projects and programs to make any type of partisan propaganda. 5. To use financial resources or State property to make electoral propaganda. During the sixty (60) days prior to the date of general elections, public works inauguration ceremonies and their dissemination in media outlets are suspended. Those who violate the provisions contained in this article are subject to the payment of a fine equivalent to two (2) times the monthly salary and in case of recidivism, with double the same without prejudice to removal from their position.
Responsibility of Media Outlets, Advertising Companies and Digital Platforms. Social media outlets and companies dedicated to the dissemination and preparation of propaganda and advertising are obligated to cooperate at all times with the National Electoral Council in the fulfillment of what is provided in the Electoral Law of Honduras and this Regulation, 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 11 of this Regulation.
Removal of Electoral Propaganda. It is the responsibility of the political party to remove the propaganda it has placed and to repair or replace property in case of damage, within no more than thirty (30) days after the corresponding elections are held. After this period, municipal authorities are empowered to carry out the cleanup of electoral propaganda as appropriate, charging the respective political party for the cleanup costs, plus the corresponding fine, as established in their budget plans, without prejudice to the sanction established in the Electoral Law.
Immediate Removal of Prohibited Propaganda. The National Electoral Council (CNE) has the power to order the immediate removal of any prohibited propaganda or the immediate suspension of its dissemination. Said resolution must be notified to the propaganda official of the political party, alliance of political parties, independent candidacy, candidate and to the corresponding media outlet or advertising company, who must comply and immediately execute what is provided therein.
Sanctions for Non-Compliance with the Removal of Electoral Propaganda. In case of non-compliance with the removal of electoral propaganda, in accordance with what is established in the Electoral Law of Honduras and this Regulation, the violating political party, alliance of political parties and independent candidacy shall be sanctioned by the National Electoral Council (CNE) with a fine of up to one hundred (100) minimum salaries according to the amount of propaganda not removed, which may be deducted from the payment corresponding to political debt or training fund when appropriate. In the case of billboards, removal is the responsibility of the owner thereof, under penalty of the application of the aforementioned fine. The fines imposed by the National Electoral Council shall be deposited with the General Treasury of the Republic by means of the corresponding TGR-I form, or may be deducted from political debt or training fund as established by the CNE.
Regulation of Surveys and Public Opinion Polls. Any natural or legal person who, within its activities, wishes to conduct measurements of electoral behavior, with the purpose of publishing or disclosing, by itself or through third parties, the total or partial results obtained from surveys and public opinion polls conducted on the aforementioned matter, must register with the National Electoral Council from the call for general elections for each of the processes in which it will conduct said activity. Such registration shall be made with the General Secretariat of the CNE in accordance with what is provided in article 30 of this Regulation. Once registered, they must notify the National Electoral Council (CNE) in due time about the methods and procedures used in conducting the surveys or opinion polls for its prior authorization, which must resolve within a maximum period of five (5) business days, and must assign a number to each resolution.
Prohibitions. Sanctions. It is prohibited to publish or disclose the total or partial results of surveys and public opinion polls within the thirty (30) calendar days before general elections. This prohibition covers those who, having not conducted a survey or opinion poll, have hired one, and publish, disclose or make known the results on their own account. In case of non-compliance with this provision, the violator or violators shall be sanctioned with a fine of two hundred (200) to one thousand (1,000) minimum salaries. If the non-compliance with the provisions established in this article is carried out by natural or legal persons who have not previously registered with the National Electoral Council (CNE), these incur an electoral crime, without prejudice to double the fine established in the preceding paragraph.
Authorization to conduct surveys and opinion polls. Once the call for general elections has been made, only natural and legal persons authorized by the National Electoral Council (CNE) may conduct surveys or opinion polls. To obtain such authorization, the interested party must submit a written application for registration with the General Secretariat of the Council, specifying the type of surveys or opinion polls it proposes to conduct and their frequency, and must attach duly authenticated photocopies of the following documents: 1. The public deed of incorporation of the company or declaration of individual merchant duly registered. If it is foreign, the respective agreement authorizing its incorporation. 2. Power of Attorney in favor of a legal professional to represent it. 3. Description of the methods and procedures it normally uses in conducting surveys or opinion polls.
Identification for publication of surveys. For surveys or opinion polls conducted by authorized companies to be published, they must bear the number of the resolution by which they were authorized by the National Electoral Council, in accordance with the registration and control kept for this purpose by the General Secretariat. A copy of every survey or opinion poll must be delivered to the CNE the day following its publication.
Authorization for exit polls. Natural or legal persons who propose to conduct surveys and opinion polls at the polling place on election day must obtain authorization from the National Electoral Council (CNE), for which they must meet the same requirements referred to in the previous article. The General Secretariat shall send to the Electoral Political Organizations and Candidacies Directorate the list of authorized survey companies and copies of the surveys for the purpose of respective monitoring by the Electoral Campaign and Propaganda Control Project.
Dissemination of exit poll results. It is strictly prohibited to disseminate, publish, or comment on election day, directly or indirectly, total or partial results of surveys, opinion polls, and exit polls. They may only be published after three (3) hours of the total closure of voting at the national level, decreed by the National Electoral Council (CNE). Those who violate what is indicated in the previous paragraph shall be sanctioned with a fine of two hundred (200) to one thousand (1,000) minimum wages. The same fine shall be imposed on the media outlet that makes known the results of the exit poll before three (3) hours after the closure of voting at the national level. If non-compliance with the provisions established in this article is carried out by natural or legal persons who have not previously registered with the National Electoral Council (CNE), double the fine established in the previous paragraph shall be applied to them, without prejudice to the closure of the media outlet that disclosed said survey. Fines imposed by the National Electoral Council shall be remitted to the General Treasury of the Republic through the corresponding TGR-I form.
Authorization. During the electoral campaign period, in order to guarantee the orderly and peaceful development of electoral activity, demonstrations, concentrations, parades, and public meetings in open places conducted by political parties, their alliances, and independent candidacies require authorization from the National Electoral Council (CNE) in accordance with article 242 of the Electoral Law of Honduras. Authorization must be granted based on the following provisions: 1. The application must be submitted in writing to the National Electoral Council (CNE) if the event is national or to the Municipal Electoral Council if the event is local, specifying the day, place, and time when the demonstration, concentration, parade, or meeting will take place. The recipient of the application must record the date and time of its submission and it must be resolved within twenty-four (24) hours respecting the order of submission. 2. Authorization or permit must be immediately notified to the petitioner and to the corresponding governmental, police, and security authorities, to the other political parties, alliances, or independent candidacies within the municipal term that is competent. 3. Political events cannot be held less than two hundred (200) meters from bridges, road intersections or main public roads, religious temples, fire stations, red cross, hospitals, police facilities, and educational centers, the latter on business days. In the authorization, the closure of campaign offices of other political parties, alliances, and independent candidacies must be ordered during the celebration of the event and which are located less than two hundred (200) meters from the place where it is held. When authorization is granted by the Municipal Electoral Council, it must immediately inform the National Electoral Council (CNE) through the mechanism established in the Regulations of Departmental Electoral Councils and Municipal Electoral Councils.
Authorization of simultaneous political meetings in different population or territorial sectors. The National Electoral Council (CNE) represented by Municipal Electoral Councils may authorize the celebration of two (2) or more public events by different political parties, alliances of political parties, and independent candidacies within the municipal term, provided that they are held in different population and territorial sectors to prevent political conflict and not compromise security, free mobility of participants, and the general public. In the application of this provision, the mechanism established in the Regulations of Departmental Electoral Councils and Municipal Electoral Councils shall be observed.
Guarantee of non-obstruction. Meetings, events, and political activities authorized by the National Electoral Council or the Municipal Electoral Council (CNE) cannot be prevented, repressed, or obstructed in their development by any authority, as long as they are conducted in an orderly and peaceful manner.
Private political meetings. Outside the established legal period, meetings, events, and political activities may be held provided that they are held in private closed spaces for the purpose of promoting candidates of political parties, alliances of political parties, and independent candidacies, subject to articles 60, 61, 62, 63, and other applicable provisions of the Police and Social Coexistence Law.
Prohibition of public performances and sale of alcoholic beverages. Public performances and the sale, distribution, and/or consumption of alcoholic beverages are prohibited from six o'clock (6:00 a.m.) on the day before an election is to be held until six o'clock p.m. (6:00 p.m.) on the day following when it took place. Whoever violates the provisions of this article shall be imposed a fine of four (4) to ten (10) minimum wages. The Municipal Electoral Council and the Municipal Justice Departments of the City Halls shall coordinate what is appropriate for compliance with this provision.
Cancellation of events that may interfere. The National Electoral Council (CNE) must order the suspension or cancellation of any type of event that may interfere directly or indirectly with the holding of elections, for which purpose the respective coordinations shall be made with the Municipal City Halls and National Police.
Public transportation on election day. On election day, owners of public transportation with assigned routes must provide service as if it were an ordinary working day. Suspension of service shall be sanctioned in accordance with what is established in the Electoral Law of Honduras. To comply with this provision, the CNE shall make the necessary coordinations with the Honduran Institute of Land Transportation (IHTT) and the National Police.
Procedure for filing complaints and imposing sanctions. The procedure may be initiated ex officio or upon request of an interested party and shall proceed in the following manner: 1. Any person may file complaints with the CNE regarding violations of the provisions of the Electoral Law of Honduras and this Regulation. 2. Through the Electoral Campaign and Control Project, the CNE shall summon the interested parties, whether natural or legal person, to a hearing to be held within five (5) business days following the citation, for which they may be accompanied or represented by their Legal Representative with evidence supporting their allegations, and the corresponding minutes shall be drawn up signed by those who attended. If there is evidence to present, a period of three (3) business days shall be set for presentation of the same. 3. The Electoral Campaign and Control Project of the CNE shall prepare and send a report to the Plenary within two (2) business days following the holding of the hearing, with the corresponding substantiation and recommendation as the case may be, either for the application of the sanction or for administrative filing of the case in a reasoned manner. The National Electoral Council (CNE) shall resolve within three (3) business days following the last notification. 4. Against the resolution, a Motion for Reconsideration may be filed with the National Electoral Council (CNE) at the time of notification or the following business day; and an Appeal may be filed with the Electoral Justice Court (TJE) within three (3) business days following the notification that denies the Motion for Reconsideration.
Deduction of fines. Fines established in the Electoral Law of Honduras and this Regulation shall be applied once the resolution of the National Electoral Council is final. If directed to an advertising company, survey company, or media outlet through a simple fine to be remitted through TGR-I form to 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 infractions committed during general elections by a specific candidate, the deduction shall be applied to the political debt or training fund of the corresponding political party. In the case of infractions committed by independent candidacies, the fine shall be applied to the corresponding candidates and shall be remitted through TGR-I form to the General Treasury of the Republic.
Biosecurity measures. Before and during the carrying out of the Electoral Campaign and Propaganda, as well as on election day until its declaration, the obligated subjects must observe and comply with the Action Protocol and Biosecurity as established by the National Electoral Council pursuant to the mandate of article 321 of the Electoral Law of Honduras.
Effective date. This Regulation shall enter into force on the day of its publication in the Official Newspaper La Gaceta. Done in the city of Tegucigalpa, municipality of the Central District, in the session room of the Plenary of the National Electoral Council (CNE), on the tenth (10) day of the month of September of the year two thousand twenty-one (2021). Signature and Seal: DRA. ANA PAOLA HALL GARCÍA, PRESIDENT COUNCILOR; ABG. KELVIN FABRICIO AGUIRRE CÓRDOVA, SECRETARY COUNCILOR; ABG. RIXI RAMONA MONCADA GODOY, VOCAL COUNCILOR; ABG. ALEJANDRO MARTÍNEZ QUEZADA, GENERAL SECRETARY. To be published in the Official Newspaper La Gaceta. For the relevant legal purposes, this Certificate is issued 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). ABOG. ALEJANDRO MARTÍNEZ QUEZADA GENERAL SECRETARY
Related laws
- Acuerdo No. 14-2021-JDU — Reforma al Manual de Organización y Funciones de la Comisión de Control de Gestión (Decree 14-2021-JDU, 2021)
- Acuerdo Ejecutivo No. 14-2021 — Modificación del Reglamento del Fondo de Garantía para la Reactivación de las Mipymes Afectadas por la Pandemia Provocada por el Covid-19 (Decree 14-2021, 2021)
- Acuerdo No. 14-2021 — Modificación del Reglamento del Fondo de Garantía para la Reactivación de las Mipymes Afectadas por la Pandemia Provocada por el Covid-19 (Decree 14-2021, 2021)
- Agreement 09-2023-BCH — This agreement approves a regulation creating a Guarantee Fund for Micro, Small and Medium-sized Enterprises (MSMEs), administered by Banhprovi with 4.4 billion lempiras from the Central Bank. The fund issues guarantees covering up to 80% of new credits in priority sectors such as agriculture, tourism, and manufacturing, reducing the interest rate paid by MSMEs and facilitating their access to bank financing. (Decree 38-2020, 2023)
- Acuerdo No. 09-2023 — Aprobación del Reglamento del Fondo de Garantía para la Micro, Pequeña y Mediana Empresa (Mipyme) (Decree 09-2023, 2023)