Special Law for the Selection and Appointment of Electoral Authorities. Powers, Competencies and Prohibitions

NATIONAL ELECTORAL COUNCIL. The National Electoral Council is a special, autonomous and independent body, without relations of subordination to the Powers of the State, created in the Constitution of the Republic, with exclusive competence to carry out the administrative and technical acts and procedures of internal, primary, general elections, plebiscite and referendum or citizen consultations. It has competence throughout the national territory and its headquarters is the capital of the Republic. Its integration, organization, functioning, systems and processes are of national security and it must have an Internal Audit. All authorities are obligated to provide it the cooperation and assistance it requires for the fulfillment of its purpose. The agreements and resolutions issued by the National Electoral Council within its competence are subject to appeal to the Electoral Justice Court, in accordance with the Law.

PURPOSE. The National Electoral Council has as its purpose to guarantee respect for the political rights of citizens to elect and be elected, in periodic and authentic elections, carried out by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of voters, for which it must administer electoral processes, plebiscites and referendums or citizen consultations; register and exercise supervision over political parties, internal movements, their alliances, precandidates, candidates, independent candidacies, and provide education, training and capacity-building in the civic and electoral field, which allows citizens the full exercise of their political-electoral rights, seeking the inclusion of all sectors of society in the democratic life of the nation.

OBJECTIVES OF THE NATIONAL ELECTORAL COUNCIL. The objectives of the National Electoral Council are as follows:

• 1)

  Guarantee respect for popular sovereignty, the free exercise of suffrage and the strengthening of democracy;

• 2)

  Establish itself as the specialized administrative and technical body of the State in political-electoral matters and the celebration of plebiscites and referendums or citizen consultations;

• 3)

  Organize and administer territorially the electoral processes and the processes of plebiscites and referendums or citizen consultations;

• 4)

  Guarantee, within the scope of its competence, the free exercise of political-electoral rights;

• 5)

  Strengthen the organization and functioning of political parties, internal movements, as well as alliances, candidates and independent candidacies; plebiscites and referendums or citizen consultations; and,

• 6)

  Develop in an efficient and transparent manner the electoral processes and the celebration of plebiscites and referendums or citizen consultations. CHAPTER II OF THE INTEGRATION OF THE NATIONAL ELECTORAL COUNCIL

REQUIREMENTS TO BE A COUNCILLOR. To be a member of the National Electoral Council the following are required:

• 1)

  To be Honduran by birth;

• 2)

  To be older than 30 years;

• 3)

  To possess a university degree;

• 4)

  To be of recognized suitability; and,

• 5)

  To be in the full exercise of their civil rights.

INELIGIBILITIES TO BE A COUNCILLOR. The following cannot be members of the National Electoral Council:

• 1)

  Those who have family relationship within the fourth degree of consanguinity and second of affinity between them;

• 2)

  Those who have family relationship within the fourth degree of consanguinity and second of affinity with the President of the Republic and those designated to the Presidency of the Republic;

• 3)

  Those who at the moment of being elected are nominated or hold elective office; and,

• 4)

  Those who have exercised elective office in the last two (2) periods.

ELECTION AND INTEGRATION OF THE NATIONAL ELECTORAL COUNCIL. The National Electoral Council is made up of three (3) principal councillors and two (2) alternate councillors, elected by the affirmative vote of two-thirds of the total members of the National Congress, for a period of five (5) years, and they may be re-elected, provided that they again submit to the election processes established in the Law.

CONSTITUTION OF THE PLENARY SESSION OF THE NATIONAL ELECTORAL COUNCIL. For the holding of sessions and the making of its decisions, the National Electoral Council shall be constituted in Plenary with three (3) councillors, of which at least two (2) must be principal councillors.

INTERNAL ORGANIZATION OF THE NATIONAL ELECTORAL COUNCIL. The principal councillors of the National Electoral Council must elect from among themselves a President, a Secretary and a Vocal, who shall hold office in rotating form, for a term of one (1) year. The election must be made at the first Session held. No Councillor may repeat the same office until all have held it. The National Electoral Council must approve a Sessions Regulation to establish the procedures, deadlines, voting mechanisms, as well as the follow-up of the agreements and resolutions it approves.

DUTIES AND RIGHTS OF PRINCIPAL COUNCILLORS. The duties and rights of principal councillors are as follows:

• 1)

  To resolve matters submitted to their knowledge in order of precedence;

• 2)

  To participate in the sessions of the National Electoral Council with the right to speak and vote;

• 3)

  To sign the resolutions, agreements and minutes that have been approved in the sessions;

• 4)

  It is the responsibility of the President of the Council to represent the National Electoral Council and when the President is unable, it shall be delegated to one of the Councillors;

• 5)

  To record in minutes the reasoning of their vote, the criteria, opinions and positions on specific matters that are discussed in the session and to obtain immediately the certification of their actions;

• 6)

  To request that topics be included in the agenda about which they have an interest in the Plenary pronouncing; and,

• 7)

  To excuse themselves from knowing any matter in which they have been a party or have already spoken on the same.

PROHIBITIONS TO COUNCILLORS. The Councillors cannot:

• 1)

  Engage in or participate directly or indirectly in any partisan activity;

• 2)

  Hold any paid position, except for teaching and medical sciences;

• 3)

  Publicly express or insinuate their opinions regarding matters that by law they are called upon to resolve, refraining from paying attention to or basing their criteria on allegations made by petitioners or any person outside the process;

• 4)

  Acquire assets of the National Electoral Council for themselves or for third parties;

• 5)

  Absent themselves from sessions without justified cause;

• 6)

  Refuse to sign the minutes, decrees, orders, agreements, decrees and resolutions of the National Electoral Council;

• 7)

  Issue congratulations or censures for their actions to public officials, authorities of political parties, alliances, candidates for elective office and independent candidacies;

• 8)

  Use information available to them by reason of their office for purposes other than the exercise of their functions, or disclose it by any means; and,

• 9)

  Be part in the private sphere of commercial companies or enterprises that contract with the State. Electoral councillors are subject to the procedures and responsibilities established in the Constitution of the Republic and the Law.

ATTRIBUTIONS OF THE PRESIDENT COUNCILLOR. The President Councillor has the following attributions:

• 1)

  To exercise the legal representation of the Council, which may be delegated to any of the principal councillors;

• 2)

  To grant powers of representation;

• 3)

  To convene and preside over the ordinary and extraordinary sessions of the Council, as well as to suspend them when reasonably justified, of which written record must be made;

• 4)

  To set the agenda for sessions and include the matters requested by the councillors;

• 5)

  To guarantee the unity and cohesion of the activities of the bodies of the Council;

• 6)

  To supervise compliance with the agreements adopted by the Council itself;

• 7)

  To convene, upon prior decision of the Plenary, the Electoral Advisory Council.

• 8)

  To authorize the books or registers determined by law or by the National Electoral Council;

• 9)

  To supervise the functioning of the departments of the National Electoral Council;

• 10)

  To sign and seal the decrees or orders issued in the processing of the files;

• 11)

  To authorize hours and days for the dispatch of urgent matters;

• 12)

  To integrate one of the alternate councillors when one of the principal ones is absent;

• 13)

  To establish by agreement of the majority of the National Electoral Council, the specific activities that must be executed by the Alternate Councillors; and,

• 14)

  Those others established in the Constitution and the Law.

ALTERNATE COUNCILLORS. The alternate councillors must perform the activities assigned to them by agreement of the majority of the National Electoral Council. They shall integrate the Plenary in case they are called, in accordance with the law. The Alternate Councillors have the same rights and duties as the Principal Councillors when they integrate the Plenary.

CONVOCATION TO SESSIONS. The sessions of the National Electoral Council must be convened by the President Councillor, who must include in the agenda the matters to be discussed. Said convocation must be made in writing, and must be accompanied by documents that support the matters to be discussed and must be made at least twenty-four (24) hours before the date of its holding. Prior convocation shall not be necessary when all principal councillors are present and decide by mutual agreement to hold the session and the agenda with the points to be discussed. One of the principal councillors may request from the President the convocation to a Session to discuss the matters indicated in their request, who, in turn, shall notify the other councillors in writing. If the President does not convene the session on the date and time requested, it shall take place twenty-four (24) hours after said date, with the presence of the majority of the principal councillors.

SESSIONS. The National Electoral Council must make its decisions in plenary sessions convened in advance or in those convened by mutual agreement, which require a quorum of the presence of the majority of its members, among whom must be the President Councillor, except for sessions that are subject to the last paragraph of the previous Article. The National Electoral Council must meet in Ordinary Session once a month and must session in a mandatory manner at least once a week, after the convocation to primary and general elections or plebiscite and referendum or citizen consultations has been made. The President Councillor may convene an extraordinary session when he deems it necessary or at the request of one of the principal councillors.

AGREEMENTS AND RESOLUTIONS OF THE NATIONAL ELECTORAL COUNCIL. VALIDITY, PUBLICITY AND TRANSPARENCY. The agreements and resolutions of the National Electoral Council must be made in Plenary Session of Councillors, by majority vote. Everything discussed in session must be recorded in a folio-numbered and sealed minute, signed by the principal councillors present in the respective Plenary Session and in case an Alternate Councillor is integrated due to the absence of a Principal Councillor, they must sign in the capacity of the latter. None of the councillors who make up the plenary can refrain from voting, but in case of voting against it they must reason their vote. The agreements and resolutions shall be read and approved at the end of the Session for the purposes of their validity and immediate execution, except in the case of acts and resolutions of a general nature that must be previously published in the Official Gazette "La Gaceta", for the legal purposes of notification and knowledge. The legitimacy of the agreements and resolutions of the National Electoral Council is presumed and it has the power to execute them through its competent bodies, without prior warning. The Council must keep a copy in physical and digital format of each of the minutes of the plenary sessions, which must be published on the institution's website for public consultation. CHAPTER III OF THE ATTRIBUTIONS AND COMPETENCIES OF THE NATIONAL ELECTORAL COUNCIL

POWERS OF THE NATIONAL ELECTORAL COUNCIL. In addition to the powers of the National Electoral Council set forth in the Constitution of the Republic, said Council has, among others, the following powers: 1) With respect to the promotion of civic and democratic principles and values: a) Approve and execute programs to promote civic and democratic principles and values, citizen participation and civic education; b) Provide, upon request, technical assistance and logistical support within its possibilities to organizations and institutions that propose to implement mechanisms for democratic participation; c) Execute contracts and agreements in matters within its competence with institutions, natural or juridical persons, national or foreign; d) Promote the development of democratic practices in youth and women's political participation; and, e) Conduct civic education campaigns, citizen training and orientation. 2) With respect to political parties and independent candidacies, when appropriate in accordance with law: a) Approve the registration of political parties, their internal movements, their alliances and their mergers, as well as their precandidates and candidates; b) Approve the registration of independent candidacies; c) Order the cancellation and liquidation of political parties and independent candidacies; d) Ensure compliance with regulations related to political inclusion; e) Approve their bylaws, declaration of principles, political action programs, gender equity and their reforms regarding parity and alternation; f) Assist political parties in the development of internal electoral processes; g) Support, at the request of political parties, the processes for the election of their candidates, when they do not hold primary elections; h) Know of administrative infractions and, where appropriate, impose the corresponding sanctions in the terms provided in Law; and, i) Prepare and approve the regulations required without infringing the limits established for regulatory power, nor exceeding the scope and provisions provided in the Law, nor altering its spirit, changing the essential meaning and scope thereof; 3) With respect to Electoral Processes:

• a)

  Organize, direct, administer and supervise electoral processes;

• b)

  Call for primary and general elections;

• c)

  Issue the necessary regulations for electoral processes, in all matters concerning the campaign and electoral propaganda, demonstrations and concentrations in public places, polls and opinion surveys, as well as electoral information centers and voting abroad;

• d)

  Approve electoral schedules, comprehensive plan for attention to disability and electoral security plans;

• e)

  Train members of electoral bodies;

• f)

  Appoint members of electoral bodies at the proposal of political parties;

• g)

  Accredit national and international observers;

• h)

  Publish through the electronic mechanisms determined by Law, the records of each polling station as soon as they are received by the National Electoral Council;

• i)

  Conduct the final general vote count in electoral processes, based on the closing records signed by members of the Polling Stations and other mechanisms established in Law;

• j)

  Request all members of the polling stations to present certifications of closing records; when the original record does not appear or presents inconsistencies or alterations;

• k)

  Make the integration and declaration of the candidates and elected authorities, as appropriate;

• l)

  Issue credentials to candidates elected to positions of popular election;

• m)

  Prepare, clean and update the National Electoral Census and voter rolls, jointly with the National Registry of Persons (RNP);

• n)

  Keep the Electoral Geographic Political Division updated; o) Know and resolve administrative actions for the nullity of electoral results pronounced by the body responsible for vote reception; p) Approve the preparation of electoral documentation and materials and the equipment necessary for the electoral process; q) Establish, when appropriate, special mechanisms for voting and electronic vote counting and a greater number of polling booths in the departments where possible; r) Issue certified copies of closing records, when requested by those who participated in an election, with the petitioner assuming the costs in each case; and, s) Create the Gender Unit as an administrative unit to oversee the execution of parity and alternation. 4) With respect to Citizen Consultations: a) Call, organize and direct plebiscites and referendums or citizen consultations ordered by the National Congress and those established in Special Laws; b) Determine the percentage equivalent to two percent (2%) of those registered in the National Electoral Census and inform the National Congress periodically; c) Issue the necessary regulations for the holding of plebiscites and referendums and citizen consultations in accordance with law in the matter; d) Conduct the process of verification of the data of citizens requesting the holding of plebiscites and referendums or citizen consultations; e) Determine together with the Ministry of Finance the cost of the execution of plebiscites and referendums or citizen consultations; f) Register, regulate and supervise plebiscites or referendums or citizen consultations; g) Appoint members of polling stations; h) Conduct the vote count corresponding to the results of plebiscites and referendums or citizen consultations; i) Know and resolve administrative actions for the nullity of results pronounced by the body responsible for vote reception, and; j) Formalize the results of plebiscites and referendums or citizen consultations, giving a report of them to the National Congress, within the legal timeframe. 5) With respect to its organization and functioning:

  • a)

    Administer and determine the organization of the Council, through the creation, merger or suppression of permanent and temporary departments, both at the central, regional, departmental and municipal levels, assigning them the powers and determining the requirements for the performance of positions.

  • b)

    Issue the Regulations for Sessions of the National Electoral Council;

  • c)

    Issue agreements, regulations, directives and resolutions;

  • d)

    Prepare the Draft Budget of Income and Expenses and the budget liquidation for submission to the National Congress;

  • e)

    Approve the Annual Operating Plan and the strategic plans of the institution;

  • f)

    Present to the Legislative Branch an Annual Report of its Activities;

  • g)

    Create auxiliary commissions;

  • h)

    Establish, maintain and disseminate an Electoral Statistics System;

  • i)

    Create and maintain documentation centers, libraries and specialized museums, physical and/or electronic on the matters within its competence;

  • j)

    Investigate on its own initiative or, at the request of a party, the facts that it considers as infractions of the law and resolve in accordance with its powers and competencies;

  • k)

    Determine the structure and functioning of the Institute for Citizen Formation and Training, through regulations approved by the National Electoral Council;

  • l)

    Designate by unanimous agreement of the sitting counselors and in accordance with law, the Internal Auditor;

  • m)

    Issue opinions and reports that are legally required of it, in matters within its competence, and;

  • n)

    The other powers that the law may grant it.

TRIBUNAL OF ELECTORAL JUSTICE. The Tribunal of Electoral Justice is the supreme authority in matters of electoral justice. No appeal lies against its judgments, without prejudice to the provisions of the Law on Constitutional Justice. The Electoral Procedural Law regulates the specific competencies, organization and functioning of the Tribunal, which has an autonomous and independent character, with no subordination relationships with the powers of the State. The Tribunal of Electoral Justice functions permanently, with full jurisdiction and competence throughout the territory of the State. The Tribunal of Electoral Justice is an instance of national security, has legal personality and its own assets, and also has the means of enforcement necessary to ensure expeditious compliance with its resolutions.

PRINCIPLES. In the exercise of its powers, it must observe the principles of certainty, legality, impartiality, independence, equity, objectivity and maximum publicity.

COMPOSITION. The Tribunal of Electoral Justice is composed of three (3) sitting magistrates and two (2) alternate magistrates, elected in accordance with the provisions of Article 54 of the Constitution of the Republic. The Tribunal of Electoral Justice must have the legal and administrative personnel necessary for the adequate performance of its functions, in accordance with the provisions of Law and its Regulation.

REQUIREMENTS. To be a Magistrate of the Tribunal of Electoral Justice, the following are required:

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen enjoying and exercising his or her rights;

• 3)

  To be a lawyer with more than ten (10) years of professional experience;

• 4)

  To be over thirty-five (35) years of age; and,

• 5)

  Not to incur in the same disqualifications established for being a Magistrate of the Supreme Court of Justice and the National Electoral Council.

POWERS. The Tribunal of Electoral Justice has the following powers:

• 1)

  Guarantee the respect and unrestricted observance of citizens' rights to elect and be elected;

• 2)

  Ensure the observance of the Constitution, within the scope of its competencies;

• 3)

  Exercise jurisdictional function in electoral matters, in a prompt, complete, effective, impartial and free manner;

• 4)

  Know and resolve electoral remedies arising from primary and general elections, departmental and municipal elections and plebiscites and referendums or citizen consultations, once the administrative proceeding before the National Electoral Council has been exhausted, in accordance with Law;

• 5)

  Request, as appropriate, the support of national, departmental and municipal authorities;

• 6)

  Decree, within the scope of its competence, the necessary measures so that the administration of Electoral Justice is effective, prompt and expeditious.

• 7)

  Provide to the competent authorities the information they request in accordance with Law;

• 8)

  Prepare the annual budget of the Tribunal and submit it to the National Congress for approval;

• 9)

  Issue, modify or revoke its Regulation, as well as general agreements, guidelines and other necessary provisions for its proper functioning;

• 10)

  Qualify the impediments, excusals and challenges of the Tribunal's magistrates;

• 11)

  Develop training, research, training and dissemination tasks in the matter;

• 12)

  Create the directorates, departments and positions it deems necessary for the exercise of the Tribunal's functions, in accordance with applicable legislation;

• 13)

  Establish policies so that the administration of electoral justice is carried out in accordance with the principles of effectiveness, promptness, completeness, free of charge and in an expeditious manner;

• 14)

  Determine mechanisms to guarantee transparency, access to information and protection of personal data, in the exercise of electoral judicial function, and;

• 15)

  The others established in Law.

COMPOSITION AND POWERS OF THE PLENARY. The Plenary of the Tribunal of Electoral Justice is composed of three (3) Magistrates and has the powers that the Constitution and Law grant it. 1) The administrative powers of the Plenary are the following: a) Appoint its President, in the terms established in this Law; b) Authorize the execution of collaboration agreements with other courts, institutions and national and foreign authorities; c) Approve the programs and reports, in the terms of law and other matters submitted for its consideration; d) Designate the Magistrate and necessary personnel to act in the incidents of vote recounts; e) Receive a monthly report from the Information Access Unit, regarding the requests received in matters of transparency and access to public information, the processing given to them, as well as the remedies filed against the determinations made in the matter by the Tribunal's bodies; f) Appoint the personnel who will work in the Tribunal; g) Approve the regulations and administrative manuals; h) Apply enforcement measures and disciplinary corrections provided for in the provisions relating to electoral remedies; i) Inform annually to the corresponding instances about the execution of its budget; and, j) The others granted by Law and applicable normative provisions. 2) The jurisdictional powers of the Plenary are the following:

• a)

  Resolve electoral remedies against acts and resolutions that violate citizens' political-electoral rights;

• b)

  Know of electoral remedies related to citizen consultations;

• c)

  Resolve electoral remedies against acts and resolutions of the National Electoral Council that violate electoral provisions;

• d)

  Know the challenges related to acts regarding the recognition, legal personality, organization, functioning and extinction of political parties;

• e)

  Review the determination and imposition of sanctions by the National Electoral Council on those who violate the provisions of the Constitution and respective laws;

• f)

  Order the realization of total or partial jurisdictional recount under the terms and conditions established in Law;

• g)

  Enable authorized officials to draw up records of the actions of the Tribunal;

• h)

  Know and resolve the excusals and challenges of the Magistrates;

• i)

  Dismiss, discontinue, declare as not filed or not presented when appropriate, electoral remedies, writings of third interested parties and those of assistant parties;

• j)

  Give notice to the corresponding authorities, within the scope of their powers, when possible violations of the laws in their different competencies arise;

• k)

  Issue the necessary provisions and measures for prompt and expeditious dispatch of matters within the Tribunal's competence;

• l)

  Determine, as appropriate, regarding the consolidation of the matters submitted to its knowledge;

• m)

  Post in the Tribunal's displays the list of matters to be addressed and the resolutions it issues;

• n)

  Resolve vote recount incidents; o) Designate among the Magistrates who will temporarily cover the Presidency of the Tribunal in his absences; p) Communicate to the National Congress and the National Electoral Council, the resolutions in which it declares the nullity of an election; and, q) The others granted by law and normative provisions.

ORGANIZATION. The organization, functioning and competence of the Tribunal is governed by the provisions of the Constitution, this Law, its regulation and other applicable legislation. The Tribunal must function exclusively in Plenary. For the exercise of its functions, the Tribunal must have a general secretary, assistant secretary and assistants, as well as the auxiliary and administrative personnel it requires and that its Position and Salary Classification Manual authorizes.

QUORUM. To hold valid sessions, the Plenary requires the presence of at least two (2) of its sitting members and one (1) alternate. The alternate magistrates must be part of the Plenary, with the character of sitting members, when they substitute the temporary absences or excusals of any of them, performing the functions designated by Law.

TYPES OF SESSIONS. The Tribunal shall hold ordinary and extraordinary sessions. Ordinary sessions are those held on the days and hours established in the Regulation. Extraordinary sessions are held only to address the matters specified in the respective convocation. Extraordinary sessions must be held by Agreement of the President of the Tribunal or by requirements of any of its members.

VOTING. The Plenary must reach its resolutions by majority vote. When a magistrate disagrees with the majority or his draft is rejected, he may file a separate opinion, which must be inserted at the end of the approved resolutions, provided it is presented before the latter is signed. If the Draft of the Reporting Magistrate is not accepted by the majority, the President shall propose to the Plenary that another magistrate prepare the corresponding draft, who must prepare the judgment with the arguments that were invoked, adding as a separate opinion the draft that was not approved, if the Reporting Magistrate so wishes.

POWERS OF THE PRESIDENT MAGISTRATE. The President Magistrate of the Tribunal of Electoral Justice has the following powers:

• 1)

  Preside over the Tribunal of Electoral Justice and exercise its legal representation, which he may delegate to any of the sitting magistrates;

• 2)

  Convene and preside over ordinary and extraordinary sessions and suspend them when he deems necessary;

• 3)

  Set the agenda for sessions and include matters requested by the magistrates;

• 4)

  Authorize the books or registers determined by Law or the Tribunal of Electoral Justice;

• 5)

  Supervise the functioning of the dependencies of the Tribunal of Electoral Justice;

• 6)

  Sign and seal the orders or decrees issued in the proceedings of the files;

• 7)

  Integrate the alternate magistrates when any of the sitting ones is absent; and,

• 8)

  The others granted to him by the Constitution and Law.

DUTIES OF SITTING MAGISTRATES. The duties of Sitting Magistrates are as follows:

• 1)

  Resolve the matters submitted to their knowledge, in order of precedence.

• 2)

  Participate in the sessions of the Tribunal of Electoral Justice with the right to speak and vote;

• 3)

  Sign the resolutions, agreements, judgments and records that have been approved in the sessions; and,

• 4)

  Represent the Tribunal of Electoral Justice when delegated by the President Magistrate.

ALTERNATE MAGISTRATES. The Alternate Magistrates must become part of the Plenary in accordance with the call made to them according to Law. Likewise, they must carry out the activities expressly assigned to them.

PROHIBITIONS TO MAGISTRATES. The Magistrates of the Tribunal of Electoral Justice may not:

• 1)

  Practice their profession during their tenure in office;

• 2)

  Publicly express their opinion regarding matters they are called upon to resolve by law;

• 3)

  Acquire assets of the Electoral Tribunal for themselves or for third parties;

• 4)

  Absent themselves from sessions without justified cause;

• 5)

  Refuse to sign the records, agreements, decrees, resolutions and judgments issued by the Tribunal of Electoral Justice;

• 6)

  Direct congratulations or censures for their acts to public officials, authorities of political parties, their internal movements, alliances; precandidates and candidates for positions of popular elections and independent candidacies;

• 7)

  Participate in political party activities;

• 8)

  Participate in demonstrations or other public acts of a political partisan character; and,

• 9)

  Hold other remunerated positions except for teaching and medical sciences, as appropriate. Those who violate the above provisions must be sanctioned in accordance with what is established in the Disciplinary System contained in the Internal Regulation of the Tribunal of Electoral Justice.

TEMPORARY ABSENCES. A temporary absence is understood to be the non-presence of one or more Counselors with prior permission, granted by the Council or the Court, as applicable. The approval of said permission must be recorded in Minutes, as well as the integration of one of the alternate Counselors. In the case of the National Electoral Council, the Vocal Counselor must cover the absences of the President Counselor or the Secretary Counselor, as applicable, and the absences of the Vocal must be covered by one of the Alternate Counselors. For the Court, when the absence of any of the Sitting Magistrates occurs, the President must call for the integration of one of the alternate magistrates. If the absence is of the President, the sitting members must elect from among themselves a provisional president, who must call for the integration of one of the alternate magistrates.

UNJUSTIFIED ABSENCE. An unjustified absence is understood to be the lack of presence without prior permission of a Counselor or Sitting or Alternate Magistrate in sessions legally convoked by the Council or by the Court. In case of unjustified absence, the temporary vacancy must be filled for the duration of the absence, in the manner provided in the preceding Article.

DEFINITIVE ABSENCE. A definitive absence of the Counselor or Magistrate is understood to be that which results from death, resignation, special or absolute disqualification, civil interdiction, or incapacity due to illness or disability for more than one year, and in case of a condemning sentence in a political trial. In this case, the National Congress must proceed to elect the substitute in accordance with the provisions of Articles 52 and 54 of the Constitution of the Republic and the Law, whether for the National Electoral Council or for the Electoral Justice Court, for the time necessary to complete the period of the person being replaced. CHAPTER VIII OF THE PROCEDURE FOR THE SELECTION AND APPOINTMENT OF COUNSELORS, COMMISSIONERS, AND MAGISTRATES

CREATION OF THE SPECIAL LEGISLATIVE COMMISSION. PURPOSE. The Presidency of the National Congress must appoint a Multiparty Special Commission composed of the parliamentary groups represented in the Congress, with the sole purpose of publicly convening, receiving proposals, evaluating and selecting, in accordance with the provisions of Articles 43-A, 52, and 54 of the Constitution of the Republic, the Curricula Vitae of candidates to occupy positions in electoral bodies, as follows:

• 1)

  Three (3) sitting commissioners and two (2) alternates for the composition of the National Registry of Persons (RNP);

• 2)

  Three (3) sitting Counselors and two (2) alternates for the composition of the National Electoral Council; and,

• 3)

  Three (3) sitting Magistrates and two (2) alternates for the composition of the Electoral Justice Court.

ORGANIZATION OF THE SPECIAL LEGISLATIVE COMMISSION. For the performance of its functions, the Special Legislative Commission must designate from among its members a President and two (2) Secretaries. Its actions must be recorded in Minutes and decisions require a majority vote.

CONVOCATION. FORM. The Commission must issue an open Convocation to apply for the established positions, through various means of communication, the day following the publication of this Law in the Official Gazette "La Gaceta".

DEADLINE AND PLACE FOR RECEIPT OF PROPOSALS. The deadline for receipt of proposals must be five (5) calendar days, counted from the day following the Convocation, at the offices of the Secretariat of the National Congress and during business hours from 8:00 AM to 5:00 PM.

REQUIREMENTS AND ACCREDITATION. Candidates who apply must meet the requirements established in Articles 43-A; 52; 54; 238, numerals 1), 3), and 4); and 249 of the Constitution of the Republic, those established in this Law, and must document:

• 1)

  Curriculum Vitae and supporting documents;

• 2)

  Birth Certificate;

• 3)

  University Degree, as applicable;

• 4)

  Identity Card, National Tax Registry, and criminal record report; and,

• 5)

  Conditions of suitability.

PROPOSAL AND ELECTION. Once the Convocation is closed, the Special Legislative Commission has a deadline of two (2) calendar days to carry out the curriculum evaluation process of the applicants and select those who qualify for the second phase of Public Interview Hearing. The selected candidates must be immediately convoked and interviewed following alphabetical order; this phase must be conducted within a maximum period of five (5) calendar days. Upon completion of this phase, the Special Legislative Commission must make the final selection and submit the proposal within three (3) calendar days following, to the Board of Directors of the National Congress. The Board of Directors of the National Congress must submit to the Plenary for the final election of the Counselors, the Magistrates, the Commissioners, with the favorable vote of at least two-thirds (2/3) of the deputies. TITLE IX FINAL AND TRANSITORY PROVISIONS SINGLE CHAPTER

TRANSFER OF ASSETS AND LIABILITIES. The assets and liabilities of the Supreme Electoral Court must be transferred to the National Electoral Council as of the date when the counselors assume office. The Council must conduct an inventory with the corresponding minutes. The budget approved by the National Congress for the Supreme Electoral Court (TSE) for the year Two Thousand Nineteen (2019) must be the same for the operation of the National Electoral Council. The labor liabilities of the Magistrates of the Supreme Electoral Court (TSE) are exempted.

BUDGETARY ALLOCATION FOR THE START OF OPERATIONS OF THE ELECTORAL JUSTICE COURT (TJE). To guarantee the immediate operation of the Electoral Justice Court, the State Secretariat of the Finance Office must transfer to said Court a budgetary allocation in the amount of TEN MILLION HONDURAN LEMPIRAS (L.10,000,000.00). The Electoral Justice Court, within thirty (30) days following, must prepare the Annual Budget, forwarding it to the State Secretariat of the Finance Office for its inclusion in the Annual Budget of Income and Expenses of the Republic. Likewise, it must request the necessary budgetary adjustments in the event that the amount allocated in this Article, initially, exceeds or requires an increase.

TRANSITORY NATURE OF THE ELECTORAL LAW AND POLITICAL ORGANIZATIONS. Pending the complete approval of electoral reforms, the National Electoral Council must apply in a transitory manner the provisions contained in the Electoral Law and Political Organizations, contained in Decree No. 44-2004 of April 1, 2004, and its amendments, for the normal performance of its functions and with the purpose of avoiding undue and unjustified delays in matters that are currently pending resolution.

REPEAL. All provisions that contradict or are contrary to what is provided in this Decree are hereby repealed.

IMMEDIATE EFFECTIVENESS. This Law shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the City of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the fifteenth day of the month of August, two thousand nineteen. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch Therefore: Execute. Tegucigalpa, M.D.C., August 19, 2019. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION HECTOR LEONEL AYALA ALVARENGA