Law on Special Provisions for Primary Elections 2021

PROVISIONAL NATIONAL ELECTORAL CENSUS FOR THE 2021 PRIMARY ELECTIONS. Pursuant to the Constitution of the Republic, the Provisional National Electoral Census that will be used for purposes of the 2021 primary elections must be prepared by the National Electoral Council in accordance with the complete and updated registry base developed by the National Registry of Persons (RNP); including in it citizens over 18 years of age who register in the field through the Identify Yourself Project and the National Identification System (SIN) for obtaining the national document of unique identification (DNI), through the biometric digital system that records personal data, facial image, and fingerprints of each citizen. The Provisional National Electoral Census must include those minors of age who have requested their new national identification document in a timely manner and who will turn 18 years old before the date on which the 2021 primary elections must be held. The National Registry of Persons (RNP) must transmit to the National Electoral Council, simultaneously, the records of citizens registered in the field, for which they must link their computer systems. The Provisional National Electoral Census must be completed on the thirtieth (30th) of November of two thousand twenty (2020), and must be delivered by the National Electoral Council in electronic format, organized by department, municipality, and voting center, to legally registered political parties on the fifth (5th) of December of two thousand twenty (2020). Due to the transitional situation between the registry bases under the responsibility of the National Registry of Persons (RNP), the non-exhibition of the Provisional National Census and the consequent presentation of claims one hundred eighty (180) days before the holding of the primary elections is waived.

PURIFICATION PROCESS. DEADLINE. The purification process of the Provisional National Electoral Census must be carried out within the period from the fifth (5th) of December of two thousand twenty (2020) until the eighth (8th) of January of two thousand twenty-one (2021); for this purpose, the National Electoral Council and the National Registry of Persons (RNP) must enable the mechanisms for electronic exhibition of the Provisional National Electoral Census, as well as the claims originating from the exhibition, until December 30, 2020, which must be resolved and notified without delay.

DEFINITIVE NATIONAL ELECTORAL CENSUS FOR THE 2021 PRIMARY ELECTIONS. The Definitive National Electoral Census for the primary elections to be held on Sunday the fourteenth (14th) of March of two thousand twenty-one (2021) is that which results from the purification process of the provisional national electoral census, after the exclusion of the deceased and those legally and judicially disqualified has been carried out, and after the claims originating from the electronic public exhibition conducted by the National Electoral Council and National Registry of Persons (RNP) have been resolved. The Definitive National Electoral Census must be completed on the eighth (8th) of January of two thousand twenty-one (2021); must contain the files of identities registered up to December 30th; and shall constitute the basis of the Provisional National Electoral Census for the general electoral process.

DEFINITIVE LIST OF VOTERS FOR THE 2021 PRIMARY ELECTIONS. BOOKLETS. The definitive list of voters is the record of citizens with capacity to exercise the right to vote, organized by department, municipality, neighborhood, suburb, village, voting center, and number of voting receiving board. It is the responsibility of the National Electoral Council to prepare the Definitive List of Voters, based on the Definitive National Electoral Census, which must be delivered to the political parties and movements in contention, in electronic format, no later than the tenth (10th) of January of two thousand twenty-one (2021). Fifteen (15) days thereafter, the National Electoral Council must deliver to the movements in contention the definitive list of voters (Booklet), printed and organized by department, municipality, neighborhood, suburb, village, voting center, and populated place.

INTEGRATED SYSTEM FOR THE REGISTRATION OF DECEASED PERSONS. In order to carry out permanent purification of deceased persons, there is created under the responsibility of the National Registry of Persons (RNP), the Integrated System for the Registration of Deceased Persons, through a database where deaths occurring in national territory and registered in Municipal Civil Registries or Auxiliary Registries are recorded, whether at the request of the persons referred to in Article 68 of the Law of the National Registry of Persons or in accordance with the monthly report sent by the Municipal Corporation Secretary with authorization from the Police Judge, in accordance with the record of persons buried in cemeteries located in the Municipality and those occurring abroad and registered by family members in the Honduran Diplomatic Missions or Consular Agencies. Said system must be audited, certified, and regulated by the National Registry of Persons (RNP), with simultaneous connection to the National Electoral Council for sustained purification of the National Electoral Census for purposes of their exclusion from electoral lists. For the purification process of the Definitive National Electoral Census, deaths registered up to December 30, 2020 must be applied. For the purpose of compliance with the provisions of the preceding paragraph, the registration of deaths occurring in national territory is carried out at the request of the persons referred to in Article 68 of the Law of the National Registry of Persons and, failing that, in accordance with the monthly list that the Municipal Corporation must send regarding persons buried in cemeteries located in the Municipality, and deaths occurring abroad, the National Registry of Persons (RNP) shall register them automatically in accordance with the report from the Honduran Diplomatic Missions or Consular Agencies. Family members or relatives, employees or public officials who, in accordance with Article 68 of the Law of the National Registry of Persons, are obligated to register a death and fail to do so within the 6 months required by said law, shall be investigated ex officio by the Public Prosecutor's Office to establish the criminal responsibility that corresponds for their omission, and which, in the case of employees and officials of the State, constitutes the crime of abuse of authority.

VALIDITY OF THE IDENTITY CARD. All citizens have the duty to obtain the Identity Card or national document of unique identification (DNI) upon turning eighteen years of age, and to renew it at any time. The current Identity Card remains valid until May 15, 2021, so until that date either the Identity Card or the new and unique national identification document (DNI) of citizens throughout the country may be used.

REGULATIONS. Matters not addressed in this Law in relation to the 2021 primary elections regarding the National Electoral Census, Provisional Electoral Census, Definitive Electoral Census, Definitive Lists of Voters, and Booklets shall be clarified by means of regulation approved unanimously by the proprietary members of the National Electoral Council and/or the National Registry of Persons (RNP), as appropriate.

EFFECTIVE DATE: This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Session held in a Virtual manner, on the first of October of two thousand twenty. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., October 13, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION HECTOR LEONEL AYALA ALVARENGA