Special Law for the Selection and Appointment of Electoral Authorities: Attributions, Competencies and Prohibitions

NATIONAL ELECTORAL COUNCIL.- The National Electoral Council is the special, autonomous and independent body, without subordination relationships 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 domicile is the capital of the Republic. Its composition, organization, functioning, systems and processes are of national security and must have an Internal Audit. All authorities are obliged to provide the cooperation and assistance it requires for the fulfillment of its purpose. The agreements and resolutions issued by the National Electoral Council in matters of its competence are subject to the appeal resource before 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, conducted 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, pre-candidates, candidates, independent candidacies, and provide education, training and capacity building in the civic and electoral sphere, which allows citizens to fully exercise 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 the following:

• 1)

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

• 2)

  Constitute itself as the specialized administrative and technical body of the State in political-electoral matters and 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. CHAPTER II ON THE COMPOSITION OF THE NATIONAL ELECTORAL COUNCIL

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

• 1)

  Be Honduran by birth;

• 2)

  Be over 30 years of age;

• 3)

  Possess a university degree;

• 4)

  Be of recognized suitability; and,

• 5)

  Be in full exercise of their civil rights.

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

• 1)

  Those who have kinship ties within the fourth degree of consanguinity and second degree of affinity among themselves;

• 2)

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

• 3)

  Those who at the time of being elected are nominated or hold positions of popular election; and,

• 4)

  Those who have held positions of popular election in the last two (2) periods.

ELECTION AND COMPOSITION OF THE NATIONAL ELECTORAL COUNCIL.- The National Electoral Council is composed of three (3) proprietary councilors and two (2) alternate councilors, elected by the affirmative vote of two-thirds of all members of the National Congress, for a period of five (5) years, and may be re-elected, provided they submit again to the election processes established by 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) councilors, of which at least two (2) must be proprietary councilors.

INTERNAL ORGANIZATION OF THE NATIONAL ELECTORAL COUNCIL.- The proprietary councilors of the National Electoral Council must elect among themselves a President, a Secretary and a Vocal Member, who shall hold office in a rotating manner, for the term of one (1) year. The election must be made in the first Session held. No Councilor may repeat the same position until all have held it. The National Electoral Council must approve a Rules of Procedure for Sessions to establish the procedures, timelines, voting mechanisms, as well as the monitoring of the agreements and resolutions it approves.

DUTIES AND RIGHTS OF PROPRIETARY COUNCILORS.- The duties and rights of proprietary councilors are the following:

• 1)

  Resolve matters submitted to their knowledge in order of precedence;

• 2)

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

• 3)

  Sign the resolutions, agreements and minutes that have been approved in sessions; and.

• 4)

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

• 5)

  Record in the minutes the reasoning of their vote, the criteria, opinions and positions on specific matters discussed in the session and obtain immediate certification of their performance;

• 6)

  Request that topics of interest to them be included in the agenda for the Plenary to pronounce on; and,

• 7)

  Excuse themselves from hearing any matter in which they had been a party or had previously pronounced upon.

PROHIBITIONS ON COUNCILORS.- Councilors cannot:

• 1)

  Carry out or participate directly or indirectly in any partisan activity;

• 2)

  Hold any paid position, except 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 of 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, orders, rulings, agreements, decrees and resolutions of the National Electoral Council;

• 7)

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

• 8)

  Use information that they have by virtue of their position for purposes other than the exercise of their functions, or disclose it by any means; and,

• 9)

  Be a party in the private sphere to commercial companies or enterprises that contract with the State. Electoral councilors are subject to the procedures and responsibilities established in the Constitution of the Republic and the law.

POWERS OF THE PRESIDENT COUNCILOR.- The President Councilor has the following powers:

• 1)

  Exercise legal representation of the Council, which may be delegated to any of the proprietary councilors;

• 2)

  Grant powers of representation;

• 3)

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

• 4)

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

• 5)

  Guarantee the unity and cohesion of the activities of the Council's bodies;

• 6)

  Oversee compliance with agreements adopted by the Council itself;

• 7)

  Convene, prior to a decision by the Plenary, the Electoral Advisory Council;

• 8)

  Authorize the books or registers that the law or the National Electoral Council determines;

• 9)

  Supervise the functioning of the National Electoral Council's departments;

• 10)

  Sign and seal the orders or rulings issued in the processing of files;

• 11)

  Enable hours and days for dispatching urgent matters;

• 12)

  Integrate one of the alternate councilors when any of the proprietary ones is absent;

• 13)

  Establish by agreement of the majority of the National Electoral Council the specific activities that must be executed by the Alternate Councilors; and,

• 14)

  Such others as established by the Constitution and the Law.

ALTERNATE COUNCILORS.- Alternate councilors must perform the activities assigned to them by agreement of the majority of the National Electoral Council. They shall integrate the Plenary when called upon, in accordance with the law. Alternate Councilors have the same rights and duties as Proprietary Councilors when they integrate the Plenary.

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

ON 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 with the presence of the majority of its members, among which must be the President Councilor, with the exception of sessions subject to the last paragraph of the Previous Article. The National Electoral Council must meet in Ordinary Session once a month and hold sessions in a mandatory manner at least once a week, after the convening of primary and general elections or plebiscite and referendum or citizen consultations. The President Councilor may convene an extraordinary session when deemed necessary or upon request made by one of the proprietary councilors.

AGREEMENTS AND RESOLUTIONS OF THE NATIONAL ELECTORAL COUNCIL.- VALIDITY, PUBLICITY AND TRANSPARENCY.- The agreements and resolutions of the National Electoral Council must be put to a vote in a Plenary Session of Councilors, by majority vote. Everything discussed in the session must appear in a foliaged and sealed minute book, signed by the proprietary councilors present in the respective Plenary Session and in case an Alternate Councilor is integrated due to the absence of a Proprietary Councilor, they must sign in the capacity of the latter. None of the councilors that make up the plenary may refrain from voting, but in case of voting against it, they must state the reasons for their vote. The agreements and resolutions shall be read and approved at the end of the Session for purposes of their validity and immediate execution, except in the case of acts and resolutions of a general nature which 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 ON THE POWERS AND COMPETENCIES OF THE NATIONAL ELECTORAL COUNCIL

POWERS AND DUTIES OF THE NATIONAL ELECTORAL COUNCIL.- In addition to the powers of the National Electoral Council established in the Constitution of the Republic, said Council has, among others, the following powers: 1) Regarding the promotion of civic and democratic principles and values: a) Approve and execute programs to promote civic and democratic principles and values, to foster 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 exercise; c) Execute contracts and agreements in matters of its competence with institutions, natural or legal persons, national or foreign; d) Promote the development of democratic practices in youth and political participation of women; and, e) Conduct civic education campaigns, citizen training and guidance. 2) Regarding political parties and independent candidacies, when appropriate in accordance with the law: a) Approve the registration of political parties, their internal movements, their alliances and mergers, as well as their pre-candidates and candidates; b) Approve the registration of independent candidacies; c) Order the cancellation and liquidation of political parties and independent candidacies; d) Enforce regulations related to political inclusion; e) Approve their bylaws, declaration of principles, political action programs, gender equity programs and their reforms, 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 selection of their candidates, when they do not hold primary elections; h) Know of administrative infractions and, as appropriate, impose corresponding penalties in the terms provided by Law; and, i) Prepare and approve regulations required without infringing the limits established for regulatory authority, nor exceeding the scope and provisions established in the Law, nor altering its spirit, changing the essential sense and scope thereof; 3) Regarding Electoral Processes:

• a)

  Organize, direct, administer and supervise electoral processes;

• b)

  Call primary and general elections;

• c)

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

• d)

  Approve electoral calendars, 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 electronic mechanisms determined by Law, the records of each voting reception board as soon as they are received by the National Electoral Council;

• i)

  Conduct the definitive general count in electoral processes, based on the closing records signed by members of the Voting Reception Boards and other mechanisms established by Law;

• j)

  Require all members of voting reception boards to present certifications of closing records: when the original record does not appear or shows inconsistencies or alterations;

• k)

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

• l)

  Issue credentials to candidates elected to positions of popular election;

• m)

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

• n)

  Keep the Electoral Political Geographic Division updated; o) Know and resolve administrative actions for nullification of electoral results pronounced by the body responsible for vote reception; p) Approve the preparation of electoral documentation and materials and equipment necessary for the electoral process; q) Establish, when appropriate, special mechanisms for voting and electronic counting and a greater number of voting booths in departments where possible; r) Extend certified copies of closing records, when requested by those who participated in an election, with the petitioner assuming costs in each case; and, 4) Regarding 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 periodically inform the National Congress; c) Issue necessary regulations for conducting plebiscites and referendums and citizen consultations in accordance with applicable law; d) Conduct the process of verifying data of citizens who request plebiscites and referendums or citizen consultations; e) Determine jointly with the Ministry of Finance the cost of executing plebiscites and referendums or citizen consultations; f) Register, regulate and supervise plebiscites or referendums or citizen consultations; g) Appoint members of voting reception boards; h) Conduct the count corresponding to the results of plebiscites and referendums or citizen consultations; i) Know and resolve administrative actions for nullification of results pronounced by the body responsible for vote reception; and, j) Formalize the results of plebiscites and referendums or citizen consultations, giving report thereof to the National Congress, within the legal deadline. 5) Regarding its organization and functioning:

  • a)

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

  • b)

    Issue the Regulations of 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 strategic plans of the institution;

  • f)

    Submit 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 matters of its competence;

  • j)

    Investigate ex officio or upon request, 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 Training and Capacity Building, through regulations approved by the National Electoral Council;

  • l)

    Designate unanimously by the principal councilors and in accordance with law, the Internal Auditor;

  • m)

    Issue opinions and legal opinions that are legally required, in matters of its competence, and;

  • n)

    Such other powers as granted by law.

ELECTORAL JUSTICE TRIBUNAL.- The Electoral Justice Tribunal is the highest authority in matters of electoral justice. No remedy lies against its sentences, without prejudice to what is provided in the Law on Constitutional Justice. The Electoral Procedural Law regulates the specific competencies, organization and functioning of the Tribunal, which has autonomous and independent character, without subordination relationships with the State powers. The Electoral Justice Tribunal functions permanently, with full jurisdiction and competence throughout the territory of the State. The Electoral Justice Tribunal is an instance of national security and has its own legal personality and patrimony, and also counts with the necessary means of coercion to expeditiously enforce 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 Electoral Justice Tribunal is composed of three (3) principal magistrates and two (2) alternate magistrates, elected in accordance with Article 54 of the Constitution of the Republic. The Electoral Justice Tribunal must have the necessary legal and administrative personnel for the proper performance of its functions, in accordance with the provisions of the Law and its Regulation.

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

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen in the enjoyment and exercise of their rights;

• 3)

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

• 4)

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

• 5)

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

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

• 1)

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

• 2)

  Ensure compliance with 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 and plebiscites and referendums or citizen consultations, once the administrative instance with the National Electoral Council has been exhausted, in accordance with Law;

• 5)

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

• 6)

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

• 7)

  Provide to 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 provisions necessary for its proper functioning;

• 10)

  Qualify the impediments, excuses and recusals of the Tribunal's magistrates;

• 11)

  Develop tasks of training, research, capacity building and dissemination in the matter;

• 12)

  Create the departments and positions it considers 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 service 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)

  Such other as established in Law.

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

• a)

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

• 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 impugnations related to acts of recognition, legal personality, organization, functioning and extinction of political parties;

• e)

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

• f)

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

• g)

  Enable authorized officials to draw up records of the Tribunal's proceedings;

• h)

  Know and resolve excuses and recusals of the Magistrates;

• i)

  Dismiss, shelve, consider as not filed or not presented when appropriate, electoral remedies, writings of third interested parties and those of intervening parties;

• j)

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

• k)

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

• l)

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

• m)

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

• n)

  Resolve vote recount incidents; o) Designate among the Magistrates who shall temporarily cover the Presidency of the Tribunal in its absences; p) Communicate to the National Congress and the National Electoral Council, resolutions in which they declare the nullity of an election; and, q) Such other as granted by law and normative provisions.

ORGANIZATION.- The Organization, functioning and competence of the Tribunal, is subject to what is provided by the Constitution, the present Law, its regulation and other applicable legislation. The Tribunal must function exclusively in Full Session. For the exercise of its functions, the Tribunal must have a general secretary, assistant secretary and assistants, as well as auxiliary and administrative personnel that it requires and authorizes in its Position and Salary Classification Manual.

QUORUM.- To validly hold sessions, the Full Tribunal requires the presence of at least two (2) of its principal members and one (1) alternate. The alternate magistrates must participate in the Full Tribunal, with the character of principal members, when they substitute the legal absences or excuses of any of them, performing the functions designated by the Law.

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

VOTING.- The Full Tribunal must make its resolutions by majority vote. When a magistrate disagrees with the majority or his draft is rejected, he may formulate a dissenting 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 Full Tribunal that another magistrate prepare the corresponding draft, who must elaborate the ruling with the arguments that had been invoked, adding as a dissenting opinion the draft that was not approved, if the Reporting Magistrate so desires.

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

• 1)

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

• 2)

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

• 3)

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

• 4)

  Authorize the books or records determined by the Law or the Electoral Justice Tribunal;

• 5)

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

• 6)

  Sign and seal the autos or measures issued in the processing of the files;

• 7)

  Incorporate alternate magistrates when any of the principal ones is absent; and,

• 8)

  Such other as granted by the Constitution and the Law.

DUTIES OF THE PRINCIPAL MAGISTRATES.- The following are duties of the Principal Magistrates:

• 1)

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

• 2)

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

• 3)

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

• 4)

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

ALTERNATE MAGISTRATES.- The Alternate Magistrates must join the Full Tribunal in accordance with the call made to them in accordance with the Law. Likewise, they must perform the activities expressly assigned to them.

PROHIBITIONS TO MAGISTRATES.- The Magistrates of the Electoral Justice Tribunal cannot:

• 1)

  Practice their profession during the performance of their position;

• 2)

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

• 3)

  Acquire goods from 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 rulings issued by the Electoral Justice Tribunal;

• 6)

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

• 7)

  Participate in political party activities;

• 8)

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

• 9)

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

TEMPORARY ABSENCES.- 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 appropriate. The approval of said permission must be recorded in the 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 appropriate, 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 Principal Magistrates occurs, the President must call to integrate one of the alternate magistrates. If the absence is that of the President, the principal members must elect among themselves a provisional president, who must call to integrate one of the alternate magistrates.

UNJUSTIFIED ABSENCE.- Unjustified absence is understood to be the lack of presence without prior permission of a Counselor or Principal or Alternate Magistrate in sessions legally convoked by the Council or 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 previous Article.

DEFINITIVE ABSENCE.- Definitive absence of the Council or Magistrate is understood to be that which results from death, resignation, special or absolute disqualification, civil interdiction, and incapacity due to illness or disability for more than one year, and in case of a conviction sentence in 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 Tribunal, for the time necessary to complete the period of the replaced member. CHAPTER VII COMMON PROVISIONS FOR THE NATIONAL ELECTORAL COUNCIL AND THE ELECTORAL JUSTICE TRIBUNAL

TEMPORARY ABSENCES.- 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 appropriate. The approval of said permission must be recorded in the 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 appropriate, 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 Principal Magistrates occurs, the President must call to integrate one of the alternate magistrates. If the absence is that of the President, the principal members must elect among themselves a provisional president, who must call to integrate one of the alternate magistrates. CHAPTER VIII PROCEDURE FOR SELECTION AND APPOINTMENT OF COUNSELORS, COMMISSIONERS, AND MAGISTRATES

CREATION OF THE SPECIAL LEGISLATIVE COMMISSION. PURPOSE.- The Presidency of the National Congress must appoint a Multipartisan Special Commission from the parliamentary groups represented in Congress, for the sole purpose of publicly convoke, receive proposals, evaluate, and select, in accordance with what is established in articles 43-A, 52, and 54 of the Constitution of the Republic, the Curricula Vitae of candidates to occupy positions in the electoral bodies, as follows:

• 1)

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

• 2)

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

• 3)

  Three (3) principal Magistrates and two (2) alternates for the integration of the Electoral Justice Tribunal.

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 proceedings must be recorded in Minutes and decisions require a majority.

CONVOCATION, FORM.- The Commission must make the open Convocation to apply for the established positions, through various means of communication, on the day following the publication of this Law in the Official Journal "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 location of the Secretariat of the National Congress and during business hours of 8:00 a.m. to 5:00 p.m.

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 document accreditation of:

• 1)

  Curriculum Vitae and supporting documents;

• 2)

  Birth Certificate;

• 3)

  University Degree, as applicable;

• 4)

  Identity Card, National Tax Registry, and judicial record sheet; and,

• 5)

  Conditions of suitability.

PROPOSAL AND ELECTION.- Upon closure of the Convocation, 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 stage must be carried out 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 the following three (3) calendar days 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 Counseloras, the Magistrates, the Magistradas, the Commissioners, and the Commissionadas, with the favorable vote of at least two-thirds (2/3) of the deputies. TITLE IX FINAL AND TRANSITORY PROVISIONS SOLE CHAPTER

TRANSFER OF ASSETS AND LIABILITIES.- The assets and liabilities of the Supreme Electoral Tribunal 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 Tribunal (TSE) corresponding to 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 Tribunal (TSE) are excepted.

BUDGET ALLOCATION FOR INITIATION OF OPERATIONS OF THE ELECTORAL JUSTICE TRIBUNAL (TJE).- To guarantee the immediate operation of the Electoral Justice Tribunal, the Ministry of Finance must transfer to said Tribunal a budget allocation in the amount of TEN MILLION LEMPIRAS (L.10,000,000.00). The Electoral Justice Tribunal, within thirty (30) days following, must prepare the Annual Budget, submitting it to the Ministry of Finance for its inclusion in the Annual Budget of Income and Expenditures of the Republic. It must also request the necessary budget 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.- While the electoral reforms are not fully approved, the National Electoral Council must apply on a transitional basis the provisions contained in the Electoral Law and Political Organizations, contained in Decree No. 44-2004 dated April 1, 2004, and its amendments, for the normal performance of its functions and for the purpose of avoiding undue and unjustified delays in matters that are currently pending resolution.

REPEAL.- All provisions that are contrary to or contradict 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 Journal "La Gaceta". Done in the City of Tegucigalpa, municipality of the Central District, in the Chamber 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 SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION HECTOR LEONEL AYALA ALVARENGA