Decree 157-2020

This decree authorizes the National Electoral Council to purchase goods and services directly without bidding, to organize the primary elections of March 2021 during the COVID-19 emergency. It establishes a transparent process with publication of offers and subsequent auditing, allowing the CNE to quickly acquire what is necessary to conduct clean elections without slow bureaucratic procedures.

That the National Electoral Council (CNE), was constitutionally created as a Special, autonomous and independent Body, without subordination relationships with the State Powers, with the purpose of guaranteeing the exercise of the political rights of citizens to elect and be elected in clean and transparent elections, which it must organize, direct, administer and supervise.

That on March 11, 2020, the World Health Organization (WHO) declared that the outbreak of the SARS-CoV2 virus (COVID-19) is a pandemic with international relevance and that, consequently, through Executive Decree No. PCM 005-2020, of February 10, 2020, a STATE OF HEALTH EMERGENCY was declared throughout the national territory to strengthen surveillance, prevention, control actions and guarantee care for people in the event of probable COVID-19 infection.

That through Executive Decree No. PCM 021-2020, of March 15, 2020, the restriction of constitutional guarantees established in articles 69, 71, 72, 78, 81, 84, 93, 99 and 103 of the Constitution of the Republic was ordered for seven (7) days; and, as specific prohibitions, it was ordered to suspend work in the Public and Private Sectors during the time of exception; prohibition of events of all types and number of persons; as well as the operation of businesses including shopping centers; suspension of public transportation operations and in-person religious celebrations; and, it was also ordered the closure of all air, land and maritime borders in the national territory.

That from March 15 to date, the State of Exception has been extended throughout the national territory; a situation that has been aggravated by the consequences of Hurricane ETA and now the threat of Hurricane IOTA, which, together, demands new responses, consistent with the need to prevent other consequences in our political-constitutional system, such as electoral processes, the principal and priority function of the National Electoral Council (CNE).

That Article 360 of the Constitution of the Republic provides that all state contracting must be submitted to bidding or competition, with the exception of "Contracts intended to provide for the needs occasioned by a State of Emergency", and this exception is developed by the State Contracting Law that regulates the direct contracting modality.

That four (4) months before the holding of the 2021 primary elections convened for Sunday, March 14, 2021, the National Electoral Council (CNE), despite having the Elections Plan developed in twenty-six (26) electoral projects, does not have budgetary availability; for which reason it has been impossible for it to execute bidding processes or competitions for the purchases and contracting of goods and services necessary for said process.

That in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform, and repeal laws.