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September 8, 2024In force

Decree 82-2024

Congreso Nacional

  • Decree: 82-2024
  • Published: September 8, 2024
  • Issuing body: Congreso Nacional
  • Gazette: 36,634
  • Category: Financial & Tax

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This decree approves 1,492 million lempiras to finance Honduras' primary and internal elections in 2025. The National Electoral Council (CNE) will use these funds to organize the electoral processes, including voting materials such as fingerprint readers. The Finance Ministry is authorized to redistribute public budgets to ensure these elections take place.

Considerations

Whereas the Constitution of the Republic establishes the political rights of citizens, among them, the right to exercise the suffrage as a citizen right and public function, and it is likewise established that voting is universal, mandatory, equal, direct, free and secret. Likewise, and in the same manner, it is determined that political parties are constituted to achieve the effective political participation of citizens.

Whereas the American Convention on Human Rights (ACHR), imposes an obligation upon Member States to guarantee the existence of an electoral system that meets the requirements established therein, that is, one that grants citizens the right and opportunity to vote and be elected in authentic periodic elections, conducted by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the electorate.

Whereas Article 51 as reformed of the Constitution of the Republic creates the National Electoral Council (CNE), autonomous and independent with no subordination relationship to the Powers of the State, national security, with legal personality, jurisdiction and competence throughout the entire Republic.

Whereas the Electoral Law of Honduras, contained in Decree No. 35-2021 of May 25, 2021, published in the Official Journal "La Gaceta" dated May 26, 2021, in its Article 21, establishes the powers of the National Electoral Council (CNE) regarding its organization and operation. In subsection f) of said Article, it is specified that the National Electoral Council (CNE) has the power to prepare special budgets for primary elections and general elections, which must be submitted to the National Congress for approval.

Whereas said legal body, in Article 259 numeral 15) of the Electoral Law of Honduras, establishes that electoral material to be used in electoral processes must include the case that contains electoral documents, auxiliary documents and necessary materials to carry out voting and counting, among which is a fingerprint reader.

Whereas, in accordance with the Constitutional mandate, the National Electoral Council (CNE) must conduct two (2) electoral processes in March 2025: The first, the Primary Elections, and the second, the General Elections, scheduled for the last Sunday of November 2025. Therefore, it is necessary to approve the Special Budget, in accordance with what is established in the Electoral Law of Honduras.

Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, enact, interpret, reform and repeal laws.

Articles

Article 1.-

SPECIAL BUDGET. To approve the "SPECIAL BUDGET FOR THE PRIMARY AND INTERNAL ELECTIONS 2025" for an amount of ONE THOUSAND FOUR HUNDRED NINETY-TWO MILLION LEMPIRAS EXACT (L.1,492,000,000.00), for the Fiscal Years 2024 and 2025.

Article 2.-

BUDGETARY PROVISION. The Secretary of State in the Office of Finance (SEFIN) is authorized to conduct the necessary budgetary and financial operations in the General Budget of Income and Expenditures of the Republic, in the Fiscal Years 2024 and 2025, to comply with this Decree, up to ONE THOUSAND FOUR HUNDRED NINETY-TWO MILLION LEMPIRAS EXACT (L1,492,000,000.00), in order to guarantee the realization of the Primary and Internal Elections in 2025, for which national and/or external funds must be identified and allocated from the available balances in budgetary allocations of various kinds, assigned to institutions of the Public Sector, including those for capital expenditures or current expenditures, in order to effect the increases or budgetary creations that may be necessary to be allocated to the Budget of the National Electoral Council (CNE) in the Fiscal Years 2024 and 2025.

Article 4.-

EFFECTIVE DATE. This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the seventh day of the month of September of two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY JOSUÉ FABRICIO CARBAJAL SANDOVAL SECRETARY Therefore: Let it be published.

Notes

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