Special Law Regulating the Plebiscite and the Referendum

This Law is of public order and has the purpose of regulating the mechanisms of citizen consultation: the Referendum and the Plebiscite, contained in Article 5 of the Constitution of the Republic.

For the purposes of this Law, the following definitions shall be considered valid: PLEBISCITE: Public consultation with citizens, so that they may pronounce themselves affirmatively or negatively on constitutional, legislative, or administrative matters, regarding which the constituted powers have not made a prior decision and when they are considered matters of fundamental importance in national life. REFERENDUM: Process by means of which citizens express their ratification or disapproval, through the casting of their vote, regarding an ordinary law, a constitutional law, or its reforms approved and issued by the National Congress, when they are considered matters of fundamental importance in national life.

The Plebiscite and the Referendum are institutional consultation mechanisms for citizens and citizenry to express their opinion through universal, mandatory, equal, direct, domiciliary, free, and secret voting.

The results of citizen consultations shall be mandatory: 1) If at least fifty-one percent (51%) of the citizens and citizenry registered in the National Electoral Census participate at the time the consultation is conducted; and, 2) If the affirmative vote obtains the majority of valid votes.

The National Congress shall order the enforcement of the regulations that result from the citizen consultation through the constitutional procedure established for the enforcement of laws. The President of the Republic shall order the promulgation of the approved regulations. The results of the Plebiscites and Referendums must be executed by the competent authorities and entities, who shall be responsible for their effective compliance. CHAPTER II OF THE INITIATIVE FOR CALLING A PLEBISCITE AND REFERENDUM

The following have the initiative to request the debate of the call for the holding of the Plebiscite and the Referendum:

• 1)

  At least ten (10) Deputies of the National Congress;

• 2)

  The President of the Republic, in Resolution of the Council of State Secretaries; and,

• 3)

  Six percent (6%) of the citizens and citizenry registered in the National Electoral Census. The Supreme Electoral Tribunal shall verify the registration of the requesting citizens and citizenry, prior to requesting the National Congress to call the consultation.

The Supreme Electoral Tribunal in coordination with the National Registry of Persons shall agree on the procedure to be followed for the verification of the legality of the fingerprints of the citizens who support and endorse the request for Plebiscite or Referendum. Said procedure may be conducted randomly and may adopt scientifically substantiated sampling techniques.

The National Congress shall hear and consider the petitions to promote the Plebiscite or the Referendum within a period not exceeding twenty (20) days from their presentation to the Plenary. They shall be considered approved if they receive the affirmative vote of two-thirds of the total number of members, issuing a Decree that shall determine the aspects of the consultation within a maximum period of thirty (30) calendar days counted from the date the discussion thereof began, ordering the Supreme Electoral Tribunal to call the citizenry for the Plebiscite or Referendum as applicable. If two (2) or more initiatives are presented on the same subject, the National Congress shall decide which of the petitions presented shall be subject to consultation and they shall be consolidated for discussion.

The Supreme Electoral Tribunal has exclusive competence over the following attributions:

• 1)

  To call, organize, and direct consultations to citizens of a national character. For this purpose, it shall apply the applicable provisions of the Electoral Law and the Political Organizations Law. With respect to consultations of a municipal character, the provisions of the Municipalities Law and its respective Regulations shall apply;

• 2)

  The Supreme Electoral Tribunal shall order the publication in the Official Journal "La Gaceta" of the results of the Plebiscite and the Referendum, independently of communicating it in writing to the National Congress; and,

• 3)

  The Supreme Electoral Tribunal shall be exempt from payment of rights for publication in the Official Journal La Gaceta in all cases referred to in this Law. CHAPTER III OF CONTROL, REQUIREMENTS AND TIME LIMITS

Prior to the discussion and approval of the Decree ordering the conduct of a citizen consultation by the Supreme Electoral Tribunal, the National Congress shall submit the Initiative for Calling to the Constitutional Chamber of the Supreme Court of Justice, so that it may pronounce on the constitutionality of the questions subject matter of the Plebiscite or Referendum, within ten (10) days of receiving the Initiative. After ten (10) days from the presentation of the initiative for calling, if the Constitutional Chamber of the Supreme Court of Justice has not pronounced thereupon, the constitutionality thereof shall be deemed approved. No Law, provision, or constitutional reform in force may be submitted to a Referendum unless it has one (1) year or more of antiquity.

With respect to the frequency of citizen consultations: 1) In a constitutional period, only one (1) Plebiscite or national Referendum may be held for each of the initiatives presented to the National Congress; and, 2) The number and frequency of municipal citizen consultations shall be governed in accordance with the Municipalities Law and its Regulations.

No modality of Plebiscite or Referendum may be conducted during the one hundred eighty (180) days prior to and following general elections, except in special cases decreed by the National Congress and approved by a qualified majority of two-thirds of its members and always framed within the Constitution of the Republic and other laws. TITLE III OF THE COMMON PROCEDURE FOR THE HOLDING OF THE PLEBISCITE AND THE REFERENDUM CHAPTER I OF THE COMMON PROCEDURE

The request shall be directed to the Secretariat of the National Congress; however, when it is to be presented by deputy or deputies, it shall be presented directly to the Plenary, and must contain the following:

• 1)

  The express mention of the subject matter that is intended to be submitted to Plebiscite or Referendum;

• 2)

  Clear and detailed explanation of the reasoning on which it is based that said subject matter should be submitted to consultation; and,

• 3)

  When it is a citizen request, the name and identification of the requestors. There shall be attached, furthermore, an annexed document with the names of each of the citizens who sign the request, wherein they express the ratification of its contents. Said document shall be prepared in the formats that the Supreme Electoral Tribunal shall authorize for such purpose, including complete name, domicile of the citizen, identity card number, fingerprint, and autographic signature. If it is a request presented by Deputies, it shall be done in the manner in which legislative bills are signed.

The National Congress shall give the corresponding processing to the request in accordance with what is provided by the Constitution of the Republic and its Internal Regulations for the process of formation, enactment, and promulgation, in the terms established in this Law.

If the National Congress declares the request admissible, it shall approve the corresponding Decree. Simultaneously with the sending of the Decree for its enactment and publication by the Executive Power, the Secretariat of the National Congress shall send to the Supreme Electoral Tribunal a certification of the true copy of the minute of the Decree that permits the consultation and orders its execution by the Supreme Electoral Tribunal.

The Supreme Electoral Tribunal, within fifteen (15) days following receipt of the certified copy of the record of the Decree authorizing the consultation, shall agree upon the respective procedure and shall issue instructions in accordance with which the citizen consultation shall be conducted, immediately after the promulgation of the Decree, it shall make the statutory call for elections. The Agreement shall be published in the Official Gazette "La Gaceta" and at least in two (2) newspapers of greater national circulation.

The Supreme Electoral Tribunal shall issue the call through a national radio and television network for the holding of the Plebiscite or Referendum, as applicable, and shall set the date on which it shall take place within a period of ninety (90) days following the issuance of the respective call. The call must be published in the Official Gazette "La Gaceta" and at least three (3) times in two (2) of the newspapers of greatest circulation in the country and disseminated through mass media.

The call shall contain at least the following requirements:

• 1)

  Modality of the procedure: Plebiscite or Referendum;

• 2)

  Date, place and time of the citizen consultation process, which shall always be on a Sunday;

• 3)

  Precise and detailed specification of the Ordinary Law or the approved constitutional reform provision that shall be the subject of the Referendum or, as applicable, the pronouncement on constitutional, legislative or administrative matters that shall be the subject of the Plebiscite;

• 4)

  The question or questions prepared by the Supreme Electoral Tribunal that shall be answered by the citizens. Citizens shall be limited to voting either YES or NO in order to pronounce themselves on the matters consulted in the Plebiscite or Referendum, and therefore the same shall be formulated in that sense;

• 5)

  The number of citizens who have the right to participate as well as the minimum percentage required, as applicable, in accordance with the provisions of Article 5 of the Constitution of the Republic;

• 6)

  In the case of a Referendum, the Statement of Reasons for which those requesting it consider that the Ordinary Law or a constitutional provision or its approved reform should be ratified or not, as appropriate;

• 7)

  Dates on which the citizen consultation polling places shall be established, as well as their number and location;

• 8)

  Powers and obligations of the representatives of the citizen consultation polling places;

• 9)

  Characteristics and deadlines for delivery of documentation and consultation materials;

• 10)

  Provisions of the dissemination campaign; and,

• 11)

  Other provisions that the Supreme Electoral Tribunal considers appropriate for the most adequate regulation of the respective procedure.

For the holding of National Plebiscites or Referendums, the Armed Forces shall be at the disposal of the Supreme Electoral Tribunal for one month before the consultation is conducted until its declaration. Likewise, the Supreme Electoral Tribunal shall establish the Municipal Citizen Consultation Courts for the better and more adequate holding of the consultation procedure in the terms set forth in the instructions issued for that purpose.

For the casting of votes, the respective ballots shall be printed in accordance with the design approved by the Supreme Electoral Tribunal, and shall contain at least the following data:

• 1)

  The question or questions submitted to the vote of the citizenry;

• 2)

  Boxes or circles for YES and for NO;

• 3)

  The legal text subject to the Plebiscite, or the matters submitted to pronouncement in the Referendum; and,

• 4)

  Printed seals and signatures of the Magistrates of the Supreme Electoral Tribunal.

Polling places for citizen consultation shall be established, which shall be organized in accordance with what the Supreme Electoral Tribunal and the Electoral Law and Political Organizations Law establish.

The Supreme Electoral Tribunal, in accordance with the particular and specific needs of each procedure, shall decide the number and location of the polling places for citizen consultation based on the Law.

When the holding of the Citizen Consultation coincides with primary and general electoral processes, the provisions of the Electoral Law and Political Organizations Law regarding the organization and functioning of electoral bodies shall apply. CHAPTER II ON THE VOTING OF THE PLEBISCITE AND REFERENDUM

The Supreme Electoral Tribunal, in accordance with the provisions of the Electoral Law and Political Organizations Law, shall conduct the ballot count of votes cast in the Plebiscite or Referendum within a period of no more than ten (10) days and shall send within the following three (3) days the corresponding resolution to the Executive Power for its publication in the Official Gazette "La Gaceta". Against the ballot count resolution, only the amparo action before the Supreme Court of Justice shall lie. CHAPTER III ON THE DISSEMINATION CAMPAIGN

For purposes of this Law, the dissemination campaign shall be understood as the activity carried out by the Supreme Electoral Tribunal in order that citizens know the arguments in favor of or against the regulation or pronouncement requested in the consultation. Within the activities carried out by the Supreme Electoral Tribunal as part of the dissemination campaign, the use of mass media shall be considered, as well as the holding of debates and all those actions and events aimed at achieving the greatest information of citizens regarding the respective consultation process. Project submitted to citizen consultation, its cost. The Supreme Electoral Tribunal shall maintain a record of publications, in which it shall indicate the cost thereof in order to verify the expense incurred by each person; and, 4) The publication, dissemination in whole or in part or the commentary of the results of any survey or opinion poll is prohibited five (5) days before voting and on the day of celebration of the Plebiscite or Referendum, as well as voting simulation operations carried out based on opinion polls, directly or indirectly related to the citizen consultation. CHAPTER V ON THE EFFECTS OF THE RESULT OF THE CONSULTATION

The Supreme Electoral Tribunal is obligated to inform the National Congress within a period of no more than ten (10) days of the results of said consultation. If it is a Plebiscite relating to decisions of the Executive Power, it must send a copy of said communication to the same, without prejudice to the transmission of data that the National Congress may make.

Once the National Congress receives the official communication of the result of the Plebiscite or Referendum from the Supreme Electoral Tribunal, it shall conduct the reading thereof in Plenary, subsequently proceeding in the following manner:

• 1)

  If it is a Referendum of a Law of more than one year and the result of the consultation ratifies its content, the National Congress shall simply carry out through the Executive Power the publication of the official results sent by the Supreme Electoral Tribunal. If, on the contrary, the result were abrogatory or derogatory, it shall refer the communication to a Committee so that it shall formulate the Bill declaring the constitutional article or its reform derogated, or abrogating the ordinary law submitted to this according to the normal procedure for the formation of the Law or a constitutional reform, as appropriate;

• 2)

  If it is a reform or law whose entry into force is subject from its origin to the result of a Referendum, nothing more than the publication of the nature of the result and the result itself shall be necessary. In case it is affirmative, the constitutional reform or the ordinary law shall enter into force immediately or in the terms that its normative body emits; in case it is negative, they shall simply enter into force;

• 3)

  When it is a Plebiscite that addresses aspects relative to decisions that the Executive Power must make, the National Congress shall simply read the communication to Plenary and shall send it through the Executive Power for its publication; The Executive Power shall be obligated to make decisions on the matter submitted in accordance with the result of the consultation; and,

• 4)

  If the Plebiscite is referred to decisions that the Legislative Power must make, it shall adopt them in accordance with the results of the consultation and in the forms permitted for the adoption of decisions in accordance with the Constitution and its Internal Regulations.

The National Congress and the Executive Power must adopt measures aimed at materializing the results of the vote. Within a period of no more than thirty (30) days following the date on which the National Congress receives the official communication from the Supreme Electoral Tribunal, it shall issue the respective Decree. TITLE III BUDGET, FINAL PROVISIONS SINGLE CHAPTER BUDGET

The National Congress shall approve the budget allocation proposed by the Supreme Electoral Tribunal that is required to finance the holding of the Plebiscites or Referendums or Plebiscites that are called, and the Executive Power through the Ministry of State in the Office of Finance shall determine the source of financing.

The National Congress shall order the implementation of the norms that result as a consequence of the consultation through the constitutional procedure for the implementation of the Law.

This Law may only be reformed or repealed in whole or in part in ordinary sessions with two-thirds of the votes of all its members and presidential veto shall not apply in cases of consultation by means of Plebiscite or Referendum. Consequently, the President of the Republic shall order the promulgation of the approved norms.

This Decree 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 twenty-fourth day of the month of June of Two Thousand Nine. JUAN RAMON VELASQUEZ NAZAR PRESIDENT JOSE ALFREDO SAAVEDRA PAZ SECRETARY EDNA CAROLINA ECHEVERRIA HAYLOCK SECRETARY To the Executive Branch. For Such Reasons, Execute Hereof. Tegucigalpa, M.D.C., July 25, 2009. ROBERTO MICHELETTI BAIN PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE AND JUSTICE. OSCAR RAUL MATUTE