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December 4, 2025In force

Executive Agreement 74-2025

  • Decree: Ejecutivo-74-2025
  • Published: December 4, 2025
  • Gazette: 37,010
  • Category: Constitutional

Summary

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This regulation establishes the procedure for citizens, political parties, and candidates to file complaints about errors in electoral results with the National Electoral Council. It allows requesting special recounts if there are discrepancies in votes and nullity actions within specific timeframes, ensuring all complaints are resolved quickly, fairly, and transparently through hearings and reasoned decisions.

Considerations

Whereas, the administrative action for electoral claims serves the purpose of providing citizens who allege to be affected by errors or alterations in the results recorded in the closing minutes by the Vote Receiving Boards (JRV) with recourse, for which they seek that the National Electoral Council (CNE) conduct special reviews and recounts to uphold the will of the people.

Whereas, administrative electoral action, in addition to enforcing the provisions established in the Constitution of the Republic and the Electoral Law of Honduras, requires regulatory norms that establish the procedures to resolve cases submitted to the knowledge of the electoral body by any citizen, when their political rights and legitimate interests have been violated in any manner.

Whereas, the National Electoral Council (CNE) is the special, autonomous and independent body, without subordination relationships with the Powers of the State, created in the Constitution of the Republic, with exclusive competence to carry out the acts and administrative, technical and logistical electoral procedures. It has competence throughout the entire national territory and its domicile is in the capital of the Republic. Its composition, organization, functioning, systems and processes are matters of national security.

Whereas, electoral procedural activity must be founded on the principles of procedural economy, simplicity, celerity and efficiency, which guarantee the expedited processing of matters submitted to the knowledge and decision of the CNE, by citizens, political parties and independent candidacies.

Whereas, it is an attribution of the CNE to organize, direct, administer and supervise electoral processes, as well as to issue agreements, regulations, instructions and resolutions for the application of the Law.

Articles

Article 1.-

The issuance of government securities denominated "GOVERNMENT SECURITIES OF THE NATIONAL ELECTRICITY COMPANY (VGE)" is regulated up to the amount of TWELVE THOUSAND ONE HUNDRED SIXTY-THREE MILLION SEVEN HUNDRED TWENTY-FIVE THOUSAND SEVEN HUNDRED FIFTY-TWO LEMPIRAS EXACTLY (L12,163,725,752.00) for the financing of the financial obligations of the National Electricity Company (ENEE), as authorized in articles 6, 7, and 42 of Legislative Decree No. 4-2025. The formalization of this issuance shall be carried out by means of an Instrument executed by the head of the National Electricity Company (ENEE), the President of the Central Bank of Honduras (BCH), and the head of the Department of State for Finance (SEFIN). SECOND: The other articles of Executive Agreement No. SEN-82-2025 shall remain in force. THIRD: This Agreement shall have immediate execution and must be published in the Official Journal "La Gaceta." Done in the city of Tegucigalpa, M.D.C., on the thirteenth (13) day of the month of November in the year two thousand twenty-five (2025). BE COMMUNICATED AND PUBLISHED. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC ERICK MEDARDO TEJADA CARBAJAL SECRETARY OF STATE FOR THE DEPARTMENT OF ENERGY National Electoral Council CNE EXECUTIVE AGREEMENT No. 74-2025 CERTIFICATION 2828-2025. The undersigned General Secretary of the National Electoral Council hereby CERTIFIES the AGREEMENT adopted unanimously in point VII (Electoral Matters) numeral three (03) Minutes number 55-2025, corresponding to the Ordinary Session held by the Plenary of this Electoral Body on Saturday the twenty-ninth (29) of November in the year two thousand twenty-five (2025), which literally reads: "The Plenary of Councilors in compliance with article 21 numeral 4) subsection d) of the Electoral Law of Honduras issues the following Agreement: AGREEMENT No. 74-2025. THE NATIONAL ELECTORAL COUNCIL (CNE), WHEREAS (1): That, the administrative action for electoral claims fulfills the purpose of providing to citizens who allege to be affected by errors or alterations in the results recorded in the closing minutes by the Vote-Receiving Boards (JRV), for which purpose they intend that the National Electoral Council (CNE) conduct reviews and special counts to enforce the will of the people. WHEREAS (2): That, the administrative electoral action, in addition to enforcing the provisions established in the Constitution of the Republic and the Electoral Law of Honduras, requires regulatory provisions that indicate the procedures for resolving cases submitted to the knowledge of the electoral body by any citizen, when his or her political rights and legitimate interests are in any way violated. WHEREAS (3): That, the National Electoral Council (CNE) is the special, autonomous, and independent body, without subordinate relations to the Branches of State, created in the Constitution of the Republic, with exclusive competence to perform the acts and administrative, technical, and electoral logistics procedures. It has jurisdiction throughout the national territory and its domicile is in the capital of the Republic. Its composition, organization, functioning, systems, and processes are matters of national security. WHEREAS (4): That, electoral procedural activity must be founded on the principles of procedural economy, simplicity, expedition, and effectiveness, which guarantee the swift processing of matters submitted to the knowledge and decision of the CNE by citizens, political parties, and independent candidacies. WHEREAS (5): That, it is an attribution of the CNE to organize, direct, administer, and supervise electoral processes, as well as to issue agreements, regulations, instructions, and resolutions for the application of the Law. THEREFORE: The National Electoral Council (CNE), using its faculties and in application of articles 1, 2, 4, 5, 15, 36, 37, 40, 44, 47, 48, 51, 60, 62, 63 of the Constitution of the Republic; 1, 2, 3, 6, 7, 8, 20, 21 numeral 1) subsections a), b), c), numeral 4) subsections d), numeral 66, 69, 70, 71, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308 and other applicable provisions of the Electoral Law of Honduras; 51, 56, 57, 59, and 63 of the Organic and Procedural Electoral Law; 118 and 122 of the General Law of Public Administration; by unanimous vote, AGREES: REGULATION OF ADMINISTRATIVE ACTIONS FOR ELECTORAL CLAIMS FOR THE GENERAL ELECTIONS 2025. CHAPTER I GENERAL PROVISIONS

Article 1.-

Object. This regulation has as its object to establish the normative framework that regulates the administrative actions related to the receipt, processing, analysis, and resolution of requests for claims in electoral matters, submitted starting from the day following the holding of the general elections; as well as to guarantee respect for the principles of legality, transparency, equity, expedition, and due process, ensuring that every claim or complaint presented by citizens, political parties, alliances, candidates, or other electoral actors who demonstrate legitimate interest, be addressed in a timely, impartial manner and in accordance with the current electoral regulations.

Article 2.-

Terms. The terms established in the Electoral Law of Honduras and in this Regulation are mandatory for both the interested parties and the CNE. Terms shall commence to run from the day following notification, and the last day of expiration shall be available until twelve midnight. Once a term has elapsed, the proceeding or remedy that has not been used shall be forfeited by operation of law and irrevocably lost, which shall be noted on the record of its own motion, without necessity of enforcement or report, and the matter shall be ordered archived without necessity of request or notification. CHAPTER II APPEARANCE

Article 3.-

Those who demonstrate legitimate interest may appear in the administrative electoral proceeding, and those to whom the resolution to be issued might affect in their subjective rights or legitimate interests and who appear in the administrative proceeding.

Article 4.-

The interested parties shall act through a power of attorney, without prejudice to the exceptions provided for in the Organic Law of the Bar Association of Honduras. The power of attorney may be granted in a public deed before a Notary, by duly authenticated letter of attorney, or in the same document in which the action is promoted. In any case, the attorney, from the acceptance of the power of attorney, shall be bound to the principal in accordance with the provisions of the mandate. The attorney of the interested party shall be his or her procedural representative for purposes of the actions regulated in this Regulation and shall represent him or her in the hearings corresponding to the proceedings for nullity, special counts, and complaints.

Article 5.-

The personal appearance of private parties before the CNE shall be mandatory when required to do so, or when provided for in a legal or regulatory provision. CHAPTER III REGISTRY

Article 6.-

The General Secretariat of the CNE shall maintain a physical and digital registry of every request submitted, for which purpose each file shall be assigned a consecutive number according to the order of receipt. Likewise, it shall maintain a registry book of the referral of files to the Electoral Court of Justice (TJE).

Article 7.-

Every applicant must attach a physical and digital copy of the written request and must attach the evidence deemed necessary, useful, and relevant to substantiate his or her claim. In the event that the applicant attaches original documents and requires their return, he or she must request in the same document their comparison and return. CHAPTER IV GENERAL RULES AND COMMENCEMENT OF PROCEEDINGS

Article 8.-

In matters initiated on its own motion or at the request of a party, the decisions of the CNE shall take the form of orders, decrees, final or incidental resolutions, as appropriate.

Article 9.-

Orders and mere procedural decrees do not require reasoning; nevertheless, in exceptional cases where it is necessary to establish and explain important aspects on which the decision is based, they may be reasoned.

Article 10.-

Every administrative action for electoral claims must be presented in writing to the CNE, which must contain the following:

  • a)

    A summary that clearly indicates the claim or specific action in question;

  • b)

    An indication of the body to which it is directed, that is, to the CNE;

  • c)

    The name, surnames, civil status, profession or occupation, address, telephone, and email of the applicant and his or her legal attorney;

  • d)

    The facts on which it is based and the legal provisions violated;

  • e)

    A clear indication of what is requested;

  • f)

    Place, date, and signature of the applicant, or the fingerprint of the right index finger when unable to sign; and,

  • g)

    Evidence with which the petition is supported.

Article 11.-

Without prejudice to numeral 7 of the preceding article, the Council may conduct on its own motion such investigations as it deems pertinent.

Article 12.-

Once the physical registry of a file has been completed and admitted, within the following twenty-four (24) hours the Project coordinator shall assign the request to a legal officer. Said legal officer shall be in charge of the review and analysis of the written document presented together with the accompanying documentation, and must prepare the corresponding legal report within a maximum period of forty-eight (48) hours counted from the hour of receipt signature, unless the number of Vote-Receiving Boards (JRV) challenged requires additional time for analysis. As a general rule, the Legal Officer shall conduct the corresponding analysis in order of assignment.

Article 13.-

Requests for special counts and nullity actions must be presented in separate documents; otherwise, they shall not be admitted. CHAPTER V REQUESTS FOR REVIEW AND SPECIAL COUNTS

Article 14.-

The CNE shall hear on its own motion or at the request of a party, and may authorize special counts in the following cases:

  • a)

    If there is no coincidence of figures between the number of votes cast and the number of votes recorded in the minutes of the Vote-Receiving Board (JRV) for which authorization is requested;

  • b)

    If there has been an error in the accounting of votes or marks awarded to each Political Party, Alliance, or Independent Candidacy, as the case may be;

  • c)

    If the number of citizens who voted and signed the voting ledger is greater or less than that recorded in the minutes.

  • d)

    When there is no coincidence between the number of voters registered in the biometric device and the closing minutes.

  • e)

    Other cases that the Plenary of the CNE deems pertinent.

Article 15.-

The deadline to request special recounts shall be ten (10) calendar days counted from the day following the day on which the General Elections are held.

Article 16.-

The Special Verification and Recount Boards (JEVR), are a temporary body constituted specifically to conduct special recounts. Their members shall be appointed by the CNE at the proposal of political parties and shall be composed in the same manner as the JRV.

Article 17.-

When a special recount is requested at the instance of a party, the CNE may only admit it when there is a rational indication of error or abuse committed based on the evidence presented. In case of rejection of the special recount request, the motivated order that ordains such rejection shall be signed jointly by the Plenary of Counselors of the National Electoral Council.

Article 18.-

At any time prior to the declaration of the 2025 General Elections, a request for correction may be submitted to the system of transmission and dissemination of results, in the event that inconsistencies are found between the number of votes reflected in the CNE's system of transmission and dissemination of results with those of the original closing report transmitted from the JRV; without prejudice to the official corrections that the National Electoral Council may order by unanimous decision, and in both cases, the correct information must be entered by means of a motivated resolution.

Article 19.-

The CNE shall issue a resolution declaring whether or not the partial or total recount requested by the petitioner is admissible.

Article 20.-

For procedural efficiency, in the event that the request for special recount is resolved as admissible, the respective hearing shall be scheduled to conduct them. Said hearing shall be held within three (3) calendar days following notification of the resolution. For these purposes, the Electoral Directorate shall organize the composition of the JEVR in accordance with what is established in this Regulation. Minutes of said hearing and of all actions taken by the JEVR must be recorded by the General Secretariat of the CNE, with the support of the assistants it designates. CHAPTER VI ACTION FOR NULLITY OF ACTS AGAINST THE RECOUNTS OF THE VOTE-RECEIVING BOARDS

Article 21.-

The deadline for filing an action for administrative nullity shall be five (5) calendar days following the day on which the elections were held.

Article 22.-

Administrative actions and complaints filed before the CNE that are not based on the grounds established in Articles 297, 298, and 299 of the Electoral Law of Honduras shall be declared inadmissible on their face and without further recourse. In these cases, the motivated order that ordains such rejection shall be signed jointly by the Plenary of Counselors of the National Electoral Council.

Article 23.-

In the admission order, a hearing shall be scheduled to be held within three (3) calendar days following notification of its admission. The hearing shall be conducted on the date, day, and time indicated, with the attendance of the legal representatives of the parties. In case the duly authorized legal representative does not appear, this shall be noted in the record.

Article 24.-

Once the hearing is declared open, the CNE official shall make known the reason for it. In case the legal representative of the petitioner appears, he shall be granted the floor in order to state whether or not he ratifies the content of his request and to propose the evidence on which his claim is based. In case the legal representative of the petitioner does not appear at the hearing, the evidence presented together with the request shall be evaluated, without prejudice to the authority of the CNE to order, by its own motion and at any time, the production of such evidence as it deems relevant for the most accurate resolution of the matter.

Article 25.-

A record shall be made of all that occurs at the hearing in the minutes that shall be drawn up for such purpose, without prejudice to the digital backup thereof for which any magnetic device shall be used.

Article 26.-

Before concluding the hearing, the CNE, through the officials who have intervened in it, may request such clarifications as it deems relevant, and the hearing shall then be concluded, with the signatures of the interested parties who have appeared and the officials who have intervened.

Article 27.-

During the hearing, those appearing shall maintain respectful conduct at all times toward each other and toward the officials and auxiliary employees who conduct the hearings. All participants in the proceeding shall adapt their conduct to the principles of truthfulness, probity, loyalty, and good faith in proceedings.

Article 28.-

Upon conclusion of the hearing, the CNE shall have a period of five (5) calendar days to issue the corresponding resolution.

Article 29.-

The administrative nullities decreed by the CNE shall affect only the election of the JRV in which the action for administrative nullity was asserted.

Article 30.-

The burden of proof in electoral matters rests with the party that brings the action, without prejudice to the CNE's authority to order, ex officio and at any time, the taking of such evidence as it deems pertinent for the most accurate resolution of the matter.

Article 31.-

The CNE shall freely and collectively evaluate the result of the evidence, in accordance with the rules of sound judgment, logic, and principles of experience.

Article 32.-

At any time during the proceeding, the interested party may withdraw from the action. The withdrawal shall be formulated in writing and without further procedure the filing of the proceedings shall be ordered. When the withdrawal concerns a remedy, the appealed resolution shall be deemed final.

Article 33.-

The resolutions of the CNE derived from proceedings in which private parties intervene become effective when they are final and shall be understood to be final when the legal term for filing the corresponding remedy has elapsed without having done so, when the remedy is waived, when it is withdrawn, or when, having appealed timely, the second instance resolution has been confirmed and returned by the TJE.

Article 34.-

Motivation is mandatory in interlocutory and final resolutions, as well as the applicable legal grounds.

Article 35.-

Court orders, decrees, and resolutions shall be notified personally or by means of telephone, electronic mail, or alternatively by bulletin board.

Article 36.-

Defective notifications shall take effect from the date on which express manifestation is made to that effect by the notified party or when the corresponding remedy is filed.

Article 37.-

Against the resolutions issued by the CNE in which the administrative nullity actions established in the Electoral Law of Honduras are resolved, the appeal remedy to the TJE is available, within the term of three (3) business days following notification, in accordance with

Article 63.-

of the Organic and Electoral Procedural Law.

Article 38.-

Against actions by the JEVR, the remedy of reconsideration to the CNE is available, which must be filed on the business day following the completion of the special review and recount indicated in the resolution of the Plenary of Counselors. For this purpose, the Project Coordination shall prepare a duty roster comprised of at least three (3) legal officers in order to receive remedies that may be presented by the parties. The appeal remedy must be filed with the TJE within three (3) business days following notification of the reasoned court order or resolution that denies the reconsideration remedy.

Article 39.-

Against provisional rulings of mere procedure, no remedy is available, except when they prevent the continuation of the proceeding or cause lack of defense.

Article 40.-

The appeal remedy shall be presented directly to the TJE, which must require the CNE to, within the term of forty-eight (48) hours, submit all of the proceedings developed in such instance, under the warning that the failure to submit the case files gives rise to the imposition of the measures of enforcement established in this Law.

Article 41.-

The correction of data incorrectly recorded in the results transmission system may be requested by candidates participating in the general elections or by political parties, provided that in both cases a legal representative is duly accredited. When the request is presented by the legal representative of a political party, the document must detail in an orderly manner the elective level, as well as the municipalities and departments in which inconsistencies are identified. It shall also include a comparative table that reflects the differences between the numbers recorded in the minutes and those recorded in the system, in order to expedite the verification and correction process.

Article 42.-

For the resolution of matters not provided for in this regulation, the general principles of administrative procedure, the Administrative Procedure Law, the Organic and Electoral Procedural Law, and the rules of the Civil Procedural Code shall apply supplementarily, provided they are not incompatible with the precepts established in the Electoral Law of Honduras.

Article 43.-

This Agreement is for immediate execution and shall enter into force from its publication on the CNE's website or in the Official Gazette "La Gaceta" and shall be communicated to the Political Parties and Independent Candidacies. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Electoral Council, on the twenty-ninth (29) day of the month of November of two thousand twenty-five (2025). LET IT BE COMMUNICATED AND PUBLISHED. Signatures and Seals: DR. ANA PAOLA HALL GARCÍA, COUNSELOR PRESIDENT. LIC. MARLON DAVID OCHOA MARTÍNEZ, COUNSELOR SECRETARY. ABG. COSSETTE ALEJANDRA LÓPEZ-OSORIO AGUILAR, COUNSELOR VOCAL. ABG. TELMA CRISTINA MARTÍNEZ, GENERAL SECRETARY. To be published in the Official Gazette La Gaceta. For the relevant legal purposes, this Certification is issued in the city of Tegucigalpa, municipality of the Central District, on the twenty-ninth (29) day of the month of November of two thousand twenty-five (2025). ABG. TELMA CRISTINA MARTÍNEZ GENERAL SECRETARY Certification 2828-2025, Minutes 55-2025, seven (7) pages.

Notes

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