Organic and Procedural Electoral Law

SCOPE OF APPLICATION. This Law is of general interest, of public order and mandatory observance in the national territory.

OBJECTIVE OF THE LAW. This Law has the objective of regulating the specific competencies, organization and functioning of the Electoral Justice Court (TJE), as well as establishing the procedure to follow in the actions and remedies under its competence.

ABBREVIATIONS. The following shall be understood as:

• 1)

  Electoral Census: National Electoral Census;

• 2)

  Commission: Multiparty Legislative Commission;

• 3)

  Congress: National Congress of the Republic;

• 4)

  Constitution: Constitution of the Republic of Honduras;

• 5)

  CNE: National Electoral Council;

• 6)

  JRV: Vote Receiving Boards;

• 7)

  JRJ: Jurisdictional Recount Boards;

• 8)

  Law: Electoral Procedural Law;

• 9)

  Magistrates: Magistrates of the Electoral Justice Court;

• 10)

  Parties: Legally registered Political Parties;

• 11)

  Plenary: Plenary of Magistrates;

• 12)

  President: President of the Electoral Justice Court;

• 13)

  Regulations: Regulations of the Electoral Justice Court;

• 14)

  RNP: National Registry of Persons;

• 15)

  Secretariat: General Secretariat of the Court;

• 16)

  TJE: Electoral Justice Court; and,

• 17)

  UFTFPL: Unit of Financing, Transparency and Oversight of Political Parties.

SUPPORT FOR ELECTORAL JUSTICE ADMINISTRATION. The Powers of the State, Municipalities, Autonomous Institutions, Constitutional Bodies, Armed Forces, National Police and in general, all authorities, are obligated to provide cooperation and support for electoral justice administration, in order to guarantee and facilitate the exercise of its functions, in the terms established by this Law and other applicable legal provisions.

NATURE. The Electoral Justice Court (TJE) is a constitutional organ of autonomous and independent character, without relations of subordination with the Powers of the State, being an instance of national security, with legal personality and its own property. It is the highest specialized jurisdictional authority in electoral matters, functions permanently, with full jurisdiction and national competence throughout the Republic; it has its seat in the Municipality of the Central District and extraordinarily in the place determined by the Plenary. It corresponds, through its President, to take the necessary measures to guarantee the inviolability of the headquarters of the Electoral Justice Court (TJE) and the continuity of the Plenary's functioning. Its sentences shall be final, and no remedy is admissible against them, without prejudice to the provisions of the Law on Constitutional Justice, for which it shall have the necessary enforcement means to ensure prompt compliance with its resolutions.

INTERPRETATION. The Electoral Justice Court (TJE), in its sentences must interpret Human Rights in the manner most beneficial for persons, in accordance with the provisions of the Constitution of the Republic and international treaties entered into by the State of Honduras, as well as exercise ex officio control of conventionality, within the scope of its competence.

PRINCIPLES. In the exercise of its attributes the Electoral Justice Court (TJE) must observe the principles of legality, certainty, pro homine, immediacy, orality, celerity, impartiality, autonomy and independence, publicity, gratuitousness, good faith, correction and concentration in electoral acts and resolutions.

INDEPENDENCE. The Electoral Justice Court (TJE) is independent and must issue its resolutions and sentences without any link of dependence, compliance or submission to indications, instructions, suggestions or insinuations from any authority, from the Powers of the State, from parties, candidates and from no sector of Honduran society.

AUTONOMY. The Electoral Justice Court (TJE) has guaranteed its technical, regulatory, organizational, budgetary, administrative and functional autonomy, in the terms provided in the Constitution of the Republic and in this Law. This autonomy empowers it, within the scope of its attributes:

• 1)

  To act objectively, professionally and in a specialized manner, through technical canons and strictly legal criteria;

• 2)

  To issue regulatory norms, to comply effectively with its constitutional mandate;

• 3)

  To approve its structure, organization and internal government to make its tasks more efficient, for which purpose it may create, modify and suppress positions, according to its needs; and,

• 4)

  To prepare, manage and execute its own budget, in accordance with institutional financial and accounting policies.

BUDGET. The Electoral Justice Court (TJE) as a constitutional organ, autonomous and independent, has its own budget, according to the principles of austerity, rationality, honesty, discipline, transparency, accountability and optimization of resources; and must report, in writing and annually, to the Superior Court of Accounts (TSC) and to the National Congress, on its budget execution.

ADMINISTRATIVE MANAGEMENT. The Electoral Justice Court (TJE) must manage the budget approved by the National Congress, autonomously and independently from any Power or dependency of the State. It corresponds to the Electoral Justice Court (TJE), to decide on the administration, handling, custody, application and oversight of its budget, guaranteeing that all its organs and internal bodies have the necessary elements for adequate performance of their functions. In order to guarantee the functioning of the Electoral Justice Court (TJE), it is exempted from payment of all classes of taxes, fees, surcharges, consular rights and customs duties in all acts and contracts it carries out or executes, as well as on the goods and services it acquires under any title.

COMPOSITION. The Electoral Justice Court (TJE) is composed of three (3) Proprietary Magistrates and two (2) substitutes, elected in accordance with the provisions of the Constitution of the Republic, with the guarantees, rights, obligations and responsibilities provided for in this Law. Magistrates shall remain in office for five (5) years and may be reelected.

REQUIREMENTS. To be a Magistrate of the Electoral Justice Court (TJE) it is required to be:

• 1)

  Honduran by birth;

• 2)

  A citizen in the enjoyment and exercise of his or her rights;

• 3)

  A lawyer with more than ten (10) years of experience in professional practice; and,

• 4)

  Thirty-five (35) years of age or older. Those who are subject to the disabilities established for being a Magistrate of the Supreme Court of Justice (CSJ) cannot be a Magistrate of the Electoral Justice Court (TJE), and the prohibitions established for the related high judicial office rest upon them.

ATTRIBUTES. The Electoral Justice Court (TJE) has the following attributes:

• 1)

  To guarantee respect for and strict observance of citizens' rights to elect and be elected;

• 2)

  To ensure observance of the Constitution of the Republic, international treaties and other applicable laws, within the scope of its competence;

• 3)

  To exercise exclusively the jurisdictional function in electoral matters, in a prompt, complete, effective, impartial and free manner;

• 4)

  To know and resolve electoral remedies derived from the processes of: Primary, general, departmental, municipal elections, plebiscite and referendum, or citizen consultations, once the administrative proceeding before the National Electoral Council (CNE) has been exhausted in accordance with Law, as well as of the acts and resolutions issued by the Unit of Financing, Transparency and Oversight of Political Parties (UFTFPL);

• 5)

  To know and resolve remedies derived from the acts of the Parties, once the corresponding proceeding before the body for resolution of internal party conflicts has been exhausted, in accordance with the bylaws of each Party;

• 6)

  To request, where appropriate, the support of national, departmental, municipal authorities, as well as entities and international organisms;

• 7)

  To issue, within the scope of its competence, the necessary measures so that electoral justice administration is effective, prompt and expeditious;

• 8)

  To provide to the competent authorities, the information they request in accordance with Law;

• 9)

  To draft the annual budget of the Electoral Justice Court (TJE) and submit it to the National Congress for approval;

• 10)

  To issue, modify or revoke its Regulations, as well as general agreements, guidelines and other necessary provisions for its proper functioning;

• 11)

  To qualify the impediments, excuses and recusations of the Magistrates of the Electoral Justice Court (TJE);

• 12)

  To develop tasks of training, research, capacity-building and dissemination in the matter;

• 13)

  To decide on the organization and functioning of the Electoral Justice Court (TJE);

• 14)

  To establish policies so that the administration of electoral justice is carried out in accordance with the guiding principles of this Law;

• 15)

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

• 16)

  To issue official letters, mandates or writs to the jurisdictional bodies of the Judicial Branch, instructing them to perform some action within the scope of its competence or, to carry out itself, the actions that must be performed outside the offices of the Electoral Justice Court (TJE); and,

• 17)

  The others indicated by this Law and other applicable provisions.

ADMINISTRATIVE ATTRIBUTES OF THE PLENARY. The administrative attributes of the Plenary of the Electoral Justice Court (TJE) are the following:

• 1)

  To appoint its president, in the terms established in this Law;

• 2)

  To authorize the execution of collaboration agreements with other Courts, Institutions and National and Foreign Authorities;

• 3)

  To approve programs, plans and reports in the terms of this Law and other matters submitted for its consideration;

• 4)

  To receive a monthly report from the Office of Transparency and Access to Public Information, relating to the processing of requests received in matters of transparency and access to public information;

• 5)

  To appoint, hire and remove personnel of the Electoral Justice Court (TJE);

• 6)

  To approve the regulations and manuals necessary for its full functioning;

• 7)

  To designate among the Magistrates within its members, who shall temporarily cover the presidency of the Court, in the event of its absences;

• 8)

  To receive periodic reports from the various areas of the Electoral Justice Court (TJE); and,

• 9)

  The others granted to it by Law and applicable normative provisions.

JURISDICTIONAL ATTRIBUTES OF THE PLENARY. The jurisdictional attributes of the Plenary of Magistrates of the Electoral Justice Court (TJE) are the following:

• 1)

  To resolve the appeal remedy against acts and resolutions that infringe the political-electoral rights of citizens;

• 2)

  To resolve petitions;

• 3)

  To know of the appeal remedy derived from the process of citizen consultations;

• 4)

  To resolve the appeal remedy against acts and resolutions of the National Electoral Council (CNE), that violate electoral provisions;

• 5)

  To know of the appeal remedy against acts and resolutions relating to the recognition of personality, organization, functioning, financing and extinction of parties and other acts and resolutions issued by parties in occasion of the application of their bylaws and other party regulations;

• 6)

  To order the total or partial recount of votes, in the terms and under the conditions established in this Law;

• 7)

  To authorize the officials authorized to draw up minutes of the proceedings of the Electoral Justice Court (TJE);

• 8)

  To know and resolve excuses and recusations of Magistrates;

• 9)

  To dismiss when appropriate, through motivated order, electoral remedies;

• 10)

  To bring to the attention of the Public Ministry and the Unit of Financing, Transparency and Oversight of Political Parties (UFTFPL), when it notices possible violations of the Law;

• 11)

  To issue the dispositions and measures necessary for the prompt and expeditious dispatch of matters within the competence of the Electoral Justice Court (TJE);

• 12)

  To determine, where appropriate, the consolidation of the matters submitted to its knowledge;

• 13)

  To designate the Magistrate and necessary personnel to oversee compliance with the Resolutions adopted by the Plenary;

• 14)

  To apply enforcement measures and disciplinary corrections provided for in the provisions relating to the appeal remedy;

• 15)

  To communicate to the National Congress and the National Electoral Council (CNE), the resolutions in which it declares partial or total nullity of an electoral process; and,

• 16)

  The others granted to it by Law and normative provisions.

APPOINTMENT OF THE COMMISSION. The Presidency of the National Congress, must appoint a Special Commission, composed of deputies from all political parties represented in that Power of the State, with the sole purpose of publicly calling, receiving proposals, evaluating and selecting, in accordance with what is established in the Constitution of the Republic and this Law, the curricula vitae of candidates to occupy the position of Magistrate of the Electoral Justice Court (TJE), as follows: Three (3) Proprietary Magistrates and two (2) substitutes for the composition of the Electoral Justice Court (TJE).

ORGANIZATION OF THE COMMISSION. For the performance of its functions, the Special Commission referred to in the preceding Article, shall designate from among its members, a President and two (2) Secretaries. Its proceedings must be recorded in Minutes and decisions require simple majority.

CALL FOR APPLICATIONS. The Special Commission referred to in Article 17 above, must make an open Call for Applications to apply for the position of Magistrate, through various means of communication including the official communication channels of the State.

DEADLINE AND PLACE FOR RECEIPT OF PROPOSALS. The deadline for receiving proposals for Magistrate of the Electoral Justice Court (TJE) is five (5) calendar days, counted from the day following the Call for Applications, at the location of the Secretariat of the National Congress, in a timeframe from Six in the Morning (6:00 a.m.) to Noon (12:00 p.m.).

REQUIREMENTS AND ACCREDITATION. Candidates for Magistrates of the Electoral Justice Court (TJE), who apply, must comply with the requirements established in the Constitution of the Republic and accredit documentally:

• 1)

  Curriculum vitae and supporting documents;

• 2)

  Birth Certificate;

• 3)

  University degree in Law;

• 4)

  Personal documentation, such as: National Identification Document, National Tax Registry and Record of Criminal and Police Background; and,

• 5)

  Documentation accrediting their suitability. Psychometric and toxicology tests must be conducted by the Commission.

PROPOSAL AND ELECTION. Once the Call for Applications for the selection process for Magistrate of the Electoral Justice Court (TJE) is closed, the Special Commission has a deadline of Three (3) 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. Candidates who advance to the second phase must be immediately summoned and interviewed following alphabetical order. Upon conclusion of the second phase, the Commission must make the final selection and present the proposal to the Board of Directors of the National Congress within Five (5) calendar days following. The Board of Directors of the National Congress must submit to the Plenary the proposal of the Special Commission, for the final election of the Magistrates with the favorable vote of at least Two Thirds (2/3), as established by the Constitution of the Republic.

PRESIDENCY. The Electoral Justice Court (TJE) is presided over by one of its Proprietary Magistrates, to whom corresponds legal and institutional representation, its administration and internal government.

ELECTION AND ORDER OF ROTATION. The Proprietary Magistrates of the Electoral Justice Court (TJE) must elect, in their first session, the Magistrate who shall preside and the order of rotation in the presidency of the other magistrates; which shall be exercised for the period of One (1) year. No Proprietary Magistrate may repeat in the presidency until the others have exercised it.

POWERS AND OBLIGATIONS OF THE PRESIDENT. In addition to others established in this Law and in the Internal Regulations of the Court, the powers and obligations of the President of the Electoral Justice Court (TJE) are the following:

• 1)

  To preside over the Electoral Justice Court (TJE) and exercise its legal representation, which may be delegated to any of the Proprietary Magistrates;

• 2)

  To convene and preside over ordinary and extraordinary sessions, directing the debates, in which order must be preserved, and may suspend them for justified cause;

• 3)

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

• 4)

  To authorize the books or registers determined by Law or by the Electoral Justice Court (TJE);

• 5)

  To supervise the functioning of the areas of the Electoral Justice Court (TJE);

• 6)

  To sign and seal procedural orders or mere procedural rulings;

• 7)

  To integrate the Substitute Magistrates for absence of a Proprietary Magistrate;

• 8)

  To execute, with prior authorization from the Plenary, agreements with public or private institutions to achieve professional improvement of members of the Electoral Justice Court (TJE);

• 9)

  To propose for approval of the Plenary an annual activity report, in the month of January of each year and, send it to the National Congress;

• 10)

  To submit for approval of the Plenary the measures it deems appropriate for better administration and administration of justice;

• 11)

  To dispatch the correspondence of the Electoral Justice Court (TJE);

• 12)

  To communicate to the National Congress the definitive vacancy of magistracies;

• 13)

  To send the current Annual Budget and the Electoral Budget for approval;

• 14)

  To oversee the proper performance and functioning of the Electoral Justice Court (TJE);

• 15)

  To take the Promise of Law of officials, when applicable;

• 16)

  To preside over Public Hearings in challenge processes; and,

• 17)

  The others conferred upon it by this Law and other applicable provisions.

RIGHTS. Magistrates have the following rights:

• 1)

  To exercise the right to vote;

• 2)

  To participate in the deliberation and decisions of matters submitted to their knowledge;

• 3)

  To issue a separate opinion in case of disagreement with the decision of the majority, which must be inserted at the end of the resolutions and sentences;

• 4)

  To request the President to issue a call for celebration of Plenary sessions;

• 5)

  To participate in institutional training programs;

• 6)

  To submit resolution drafts to the Plenary for consideration;

• 7)

  To propose to the Plenary, the appointments or promotions of personnel of trust in the offices of magistrates;

• 8)

  To request the inclusion of matters in the agenda of Plenary sessions;

• 9)

  To receive a dignified and appropriate salary, in accordance with the nature and responsibility of the position;

• 10)

  To receive representation allowances, in the case of Proprietary Magistrates;

• 11)

  To licenses with or without salary in justified cases;

• 12)

  The labor rights recognized by the Constitution of the Republic and the Laws; and,

• 13)

  To obtain certified copies of the minutes, resolutions and sentences in which they participate.

OBLIGATIONS. The obligations of Proprietary Magistrates are:

• 1)

  To resolve in the order of their proceeding, the matters submitted to their knowledge;

• 2)

  To participate in the sessions of the Electoral Justice Court (TJE), with right to voice and vote;

• 3)

  To assist, deliberate and vote in the hearings set in the proceeding;

• 4)

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

• 5)

  To represent the Electoral Justice Court (TJE) when delegated by the President Magistrate or by the Plenary of Magistrates;

• 6)

  To assist punctually to their daily tasks, as well as to participate in the sessions or meetings convened and to be absent from them with justified cause;

• 7)

  To preserve equality of the parties in the handling of remedies;

• 8)

  To conduct themselves with impartiality, independence and adherence to the principles governing electoral function;

• 9)

  To maintain secrecy and confidentiality regarding the deliberations of private sessions and the decisions proposed to be issued;

• 10)

  To present sworn statement of assets, in accordance with that ordered by Law;

• 11)

  To prevent, correct and sanction, where appropriate, acts performed by the parties contrary to due process in electoral justice administration;

• 12)

  To report to the Public Ministry any act that may constitute a crime; and,

• 13)

  To process the matters assigned to them.

ATTRIBUTES. The attributes of Magistrates are the following:

• 1)

  To ensure compliance with the Constitution, International Instruments and other applicable laws;

• 2)

  To know and resolve remedies, in the established deadlines;

• 3)

  To request any report or document in the possession of any authority, parties or individuals, that may serve for the processing of the remedy;

• 4)

  To sign, jointly with the Secretary or official assigned for that purpose, the detailed minutes of the actions proper to their position;

• 5)

  To direct the commissions entrusted to them; and,

• 6)

  The others assigned for the proper functioning of the Electoral Justice Court (TJE).

PROHIBITIONS. The Magistrates of the Electoral Justice Court (TJE) are prohibited from:

• 1)

  Refraining from voting in the Plenary;

• 2)

  Participating directly or indirectly in any partisan activity, which is incompatible with the independence inherent to their position;

• 3)

  Holding any paid position, with the exception of teaching and health;

• 4)

  Performing acts or attending activities that generate conflict of interest with matters proper to the activity of the Electoral Justice Court (TJE);

• 5)

  Accepting gifts or services from any of the interested parties in matters within their competence;

• 6)

  Pronouncing on matters of parties in media;

• 7)

  Making promises that imply partiality in favor of or against any of the interested parties in matters tried before the Electoral Justice Court (TJE);

• 8)

  Exercising their profession in the private sector, during the performance of their position;

• 9)

  Publicly expressing their opinion regarding matters that by Law they are called to resolve;

• 10)

  Acquiring property of the Electoral Justice Court (TJE) for themselves or for third parties;

• 11)

  Absenting themselves without justified cause from legally convened sessions;

• 12)

  Refusing to sign the minutes, agreements, decrees, resolutions and sentences issued by the Electoral Justice Court (TJE);

• 13)

  Directing congratulations or censure for their acts to public officials, party authorities, internal movements, alliances, precandidates and candidates for elective office and independent candidacies;

• 14)

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

• 15)

  The others established in other laws.

SUBSTITUTE MAGISTRATES. Substitute Magistrates must integrate the Plenary in accordance with the call made to them in accordance with Law. Likewise, they must perform the activities assigned to them by the Plenary. In case of absence or excuse of a Proprietary Magistrate, a Substitute Magistrate shall take their place in alternating manner.

KINSHIP. In no position of Electoral Justice Administration can persons be appointed who are ascendants, descendants, spouses or who have collateral kinship, within the fourth degree of consanguinity or second degree of affinity with Magistrates or with employees working in the Electoral Justice Court (TJE).

CONFIDENTIALITY. The personnel of the Electoral Justice Court (TJE) is obligated to maintain confidentiality regarding the matters tried therein. It is prohibited to remove files from the facilities of said Court, make them public knowledge, or disclose the sense of the draft agreements, resolutions and sentences that are submitted to the knowledge of the Plenary; nor can it disseminate the information to which it has access by reason of its functions. Violation of this provision entails the responsibility established in the Laws.

ORGANIZATION. The organization, functioning and competencies of the Electoral Justice Court (TJE) must comply with the provisions of the Constitution of the Republic, this Law, its Regulations and applicable legislation. The Electoral Justice Court (TJE) must adopt its decisions in Plenary. For the exercise of its functions it has, among others, the following internal organization: A General Secretary, Assistant Secretary and Assistants, as well as the auxiliary and administrative personnel it requires and authorizes its Position Classification and Salary Manual.

BUSINESS DAYS. For the actions of the Electoral Justice Court (TJE), all days of the year are business days, except Saturdays, Sundays and those days declared as holidays by the laws or agreed upon by the Plenary, with justified cause, being able to enable days and hours when necessary.

QUORUM. To validly hold session, the Plenary requires the presence of the Three (3) Proprietary Magistrates, or at least Two (2) of its proprietary members and One (1) substitute. Decisions must be adopted by unanimity or by simple majority of its members. In case of disagreement in the decision any Magistrate may issue a separate opinion, which must be inserted at the end of the resolutions or sentences.

TYPE OF SESSIONS. The Electoral Justice Court (TJE) may hold ordinary and extraordinary sessions, which may be administrative and jurisdictional, as appropriate. Ordinary sessions are those held on the days and times established in the respective regulations. Extraordinary sessions are held only to address the matters indicated in the respective call. Extraordinary sessions must be held by Agreement of the President of the Electoral Justice Court (TJE) or by request of any of its members.

PLENARY SESSIONS. The sessions of Plenary of the Electoral Justice Court (TJE) are private, from which minutes must be drawn, signed by the Magistrates and the General or Assistant Secretary or, in their absence, the assigned official who attended in that capacity. Regulations must govern plenary sessions.

TEMPORARY ABSENCES. Temporary absence is understood as the non-presence of one or more Magistrates for more than Three (3) days with justified cause. When one of the Proprietary Magistrates is absent, the President must call upon one of the Substitute Magistrates to join. If the absence is of the President, the Magistrate to whom it corresponds according to the established order of precedence shall assume the provisional presidency.

UNJUSTIFIED ABSENCE. Unjustified absence is understood as the lack of presence without prior permission of a Proprietary or Substitute Magistrate in sessions legally convened by the Electoral Justice Court (TJE). 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.

PERMANENT ABSENCE. Permanent absence of a Magistrate is understood as that resulting from death, resignation, special absolute disability, civil interdiction and incapacity due to illness or disability for more than One (1) year. In this case the National Congress must proceed with the election of the substitute in accordance with the provisions of the Constitution of the Republic and this Law, for the time needed to complete the term of the substitute.

EXCUSE AND RECUSATION. Excuse is the act by which a Magistrate considers that he or she is subject to one or more of the grounds established by this Law for such purpose, in which case he or she must announce in writing that he or she excuses himself or herself and withdraws from the knowledge and resolution of a particular electoral judicial process. Recusation is the act through which one of the procedural parties requests in writing from the Electoral Justice Court (TJE), that a Magistrate be removed from the knowledge and resolution of a particular electoral judicial process, because he or she considers to be subject to one or more grounds provided for such purpose in this Law.

GROUNDS. The following constitute grounds for excuse and recusation:

• 1)

  To have been a procedural party related to the electoral justice proceeding in question;

• 2)

  To be spouse or cohabitate in a de facto union with one of the procedural parties or their attorneys in the electoral justice proceeding in question;

• 3)

  To be related up to the fourth degree of consanguinity or second degree of affinity of any of the procedural parties or their attorneys, in the electoral justice proceeding in question;

• 4)

  To have known or decided, in another instance, on the question being tried;

• 5)

  To be or to have been a partner or shareholder of any of the procedural parties within the last Three (3) years prior to designation as Magistrate;

• 6)

  To have expressed opinion or counsel that is demonstrable, regarding the process that comes to their knowledge;

• 7)

  To have received from any of the procedural parties, in the electoral justice proceeding in question: Rights, contributions, goods or valuables, in a period not less than Three (3) years before the exercise of the case;

• 8)

  To have with any of the procedural parties of the electoral justice proceeding in question or their attorneys manifest friendship or enmity;

• 9)

  To have pending with any of the procedural parties of the proceeding in question, obligations or conflict of interest;

• 10)

  To have exercised leadership positions of the Party intervening in the case as a procedural party, within the last Three (3) years prior to designation as Magistrate;

• 11)

  To have been a candidate or precandidacy for elective office under the sponsorship of the Party acting as a procedural party, within the last Three (3) years prior to designation as Magistrate;

• 12)

  To have been legal representative, attorney, judicial agent, defender or proxy of any of the parties in the proceeding currently submitted to their knowledge or, to have intervened within the last Three (3) years prior to designation as Magistrate; and,

• 13)

  To have personal interest in the matter or in another similar matter whose resolution could influence that one or litigious question pending with any interested party.

PROCEDURE FOR EXCUSE. The properly motivated excuse shall be presented in writing to the Plenary of the Electoral Justice Court (TJE) through the General Secretariat, so that it be qualified and resolved in accordance with Law, in which the Magistrate excusing himself or herself must not participate. The excuse presented by a Magistrate and grounded in any of the grounds cited in the Law, does not require probative element other than the simple affirmation of the Magistrate requesting it.

FORM AND MOMENT FOR FILING RECUSATION. The request for recusation must be presented in writing with proper motivation, before the Plenary of the Electoral Justice Court (TJE) through the General Secretariat, until before the citation to hear sentence, indicating concretely the ground invoked and accompanying the pertinent means of proof, otherwise it must be rejected outright.

RECUSATION PROCEDURE. Once the recusation request is presented, the President of the Electoral Justice Court (TJE) must order through a ruling, that a separate proceeding be formed for the processing of the incident, also ordering notification to the recused Magistrate and suspension of the deadline for processing the main file and convening a Substitute Magistrate. Within the deadline of Twenty-four (24) hours counted from the notification, the recused Magistrate must respond to it and with this, the Plenary must resolve within the deadline of Three (3) business days, on its admissibility or inadmissibility. No remedy is admissible against said resolution.

REMOVAL PROTECTION. Magistrates can only be removed or suspended from office, for the causes established in the Constitution of the Republic and this Law, always provided that their separation is agreed upon with the same vote required for their appointment, after hearing, and in accordance with the formalities provided by the Constitution of the Republic and laws.

FREEDOM OF DECISION. The Magistrates of the Electoral Justice Court (TJE) enjoy the same prerogatives as the Magistrates of the Supreme Court of Justice (CSJ) in the exercise of their attributes and obligations.

TERMINATION OF OFFICE. The office conferred on Magistrates terminates by: Expiration of the term for which they were elected, death, resignation, subsequent impediment, incapacity due to serious physical affectation or permanent mental incapacity that disables them from the exercise of their responsibilities. In this case the National Congress must act in accordance with what is established in the Constitution of the Republic and this Law.

It corresponds to the Electoral Justice Court (TJE) to implement the Electoral Administrative and Judicial Career. For this purpose it must issue the corresponding Regulations.

GUARANTEES OF THE APPEAL REMEDY. The appeal remedy guarantees that:

• 1)

  All acts and resolutions of electoral authorities, before, during and after electoral processes and citizen consultations, are adjusted to the principles of conventionality, constitutionality and legality;

• 2)

  The observance of deadlines and formalities, in the evacuation of the actions and remedies that are filed; and,

• 3)

  Certainty and confidence are granted on all actions and resolutions of other bodies, commissions or units linked with the exercise of political-electoral rights.

OBJECT OF THE APPEAL REMEDY. The appeal remedy has as its object the amendment of the application and interpretation, both of the legal provisions governing the acts and guarantees of the process, and of the legal provisions used to resolve the questions subject to knowledge by the National Electoral Council (CNE), Unit of Financing, Transparency and Oversight of Political Parties (UFTFPL), acts or omissions affecting the legal regime of parties, their members and other acts and resolutions established in the respective Laws. Likewise, it must know of the incident of non-execution of sentence.

OF REQUESTS. The Electoral Justice Court (TJE) may request directly from any public body or authority, Party or candidate, the information necessary for the exercise of its jurisdictional attributes, and these are obligated to provide it in the term established by it, given the circumstances of the request.

OF NON-COMPLIANCE AND DISCIPLINARY MEASURES. To authorities and public officials, as well as citizens, Parties, alliances, political associations, precandidates, candidates and all those physical or juridical persons that, by reason of the processing, substantiation and resolution of electoral remedies, do not comply with the provisions thereof or disobey the requirements, resolutions and sentences of the Electoral Justice Court (TJE), the enforcement measures and disciplinary sanctions provided for in this Law must be imposed on them.

ELECTORAL CONSTRUCTIVE DENIAL. Electoral constructive denial proceeds when the competent body does not issue a resolution within the legally established deadline; in case no deadline is established, this is set at Twenty (20) business days counted from the filing of the first written request. Upon expiration of said deadline without the corresponding pronouncement, the petition must be deemed denied and the Appeal Remedy may be filed within the deadline of Three (3) business days, attaching the written request that was presented with the corresponding acknowledgment of receipt, from the competent body.

CONSULTATION AND REQUEST FOR COPIES. The files of the remedies filed must be consulted by the parties, for which purpose they must request at their own cost, that they be provided with certified, simple or digital copies of the actions performed.

SCOPE OF APPLICATION. These provisions govern the processing, substantiation and resolution of the Appeal Remedy. In the absence of express provision for the processing of matters substantiated before the Electoral Justice Court (TJE), it, in the exercise of its regulatory autonomy, may issue Agreements to ensure compliance with due process guarantees.

THE PARTIES. The parties in the substantiation of the appeal remedy are: 1) The plaintiff properly legitimated; and, 2) Third interested parties, who may be: The citizenry, institutions or organs, the parties and their candidacies, with legitimate and direct interest in the case.

APPEARANCE. In every electoral judicial process, representation by a lawyer is mandatory, accredited through legally granted power of attorney. When Two (2) or more persons concur in the same Remedy, they may on their own initiative designate the same legal representative.

SOLE INSTANCE. The knowledge of the Appeal Remedy in electoral matters is the exclusive competence of the Electoral Justice Court (TJE) in plenary, in the terms and with the conditions established in this Law.

OF CONSOLIDATION. When Two (2) or more remedies are processed that are related to each other and can be resolved in one same sentence, the Plenary of the Electoral Justice Court (TJE), ex officio or upon request of a party, must order their consolidation, this can only proceed until before judgment is rendered, without implying delay in the decision.

SUSPENSION OF THE ACT. The filing of the remedy per se does not produce suspensive effects on the challenged act or resolution. However, the appellant may request suspension of the effects of the challenged act as long as it provides sufficient bond to repair the damages that the suspension may cause, which must be determined with motivation by the Electoral Justice Court (TJE). If in the final resolution the filed remedy is dismissed, the bond shall be made effective in favor of the person or entity that was affected by the suspension. This must be processed as an incident, in a separate proceeding.

DEFINITION OF DEADLINE AND TERM. The deadline is the period of time between Two (2) dates in which a valid electoral judicial action can be performed. Term is the date, the day and in its case the hour, within the fixed deadline in which the ordered electoral procedural act must be performed.

DEADLINE. The Appeal Remedy must be filed within the deadline of Three (3) business days, counted from the day following the notification of the resolved remedy, except for the exceptions expressly provided in the Law or the permits decreed by the Electoral Justice Court (TJE).

COMPUTATION OF DEADLINES. The computation of the deadlines provided for in this Law must be done as follows:

• 1)

  If the deadline is established in hours using the expression within so many hours or similar others, it must be understood to extend to the last minute of the last hour inclusive; and if within so many hours or similar others is used, it must be understood to begin in the first minute of the hour following the last of the deadline;

• 2)

  Deadlines set in days run from the day following the notification or publication of the act in question;

• 3)

  Only business days and hours must be counted, considering as such all days, except Saturdays and Sundays and non-business days in legal terms, as well as those in which no actions should be performed by Agreement of the Electoral Justice Court (TJE);

• 4)

  Actions must be performed in business hours, understood as those between Six in the morning (6:00 a.m.) and Six in the evening (6:00 p.m.); except when there is an enabling of non-business days and hours decreed by the Electoral Justice Court (TJE); and,

• 5)

  When no deadlines are set for the performance of any act of the authority or of the parties, it must be understood that it is within Two (2) business days. Once the deadlines set forth in this Law have elapsed, the proceeding or remedy in question is forfeited by right and irrevocably lost, continuing the respective procedure. In all cases, terms are fatal and non-extendable.

DEADLINE TO RESOLVE. The Appeal Remedy must be resolved within the deadline of Thirty (30) calendar days, counted from the day following the date of its admission to proceeding, and may be extended for justified causes only once up to Fifteen (15) calendar days.

REQUIREMENTS OF THE REMEDY. The written request of the remedy must comply with the following requirements:

• 1)

  A summary indicating its content or the remedy in question;

• 2)

  Designation of the body before which it is filed;

• 3)

  Name and surname, marital status, profession or occupation, address, email, telephone of the appellant and their procedural representative, to receive notifications, in which case they must present the document that accredits them, autograph signature and professional seal;

• 4)

  Name and address, telephone and email of third interested parties, if there are any and they are known;

• 5)

  Indication of the act or resolution challenged and the responsible authority thereof;

• 6)

  To briefly and clearly state, the facts that constitute the background of the claimed act, to specify the part of the resolution that causes grievances and the legal provisions presumed to be infringed;

• 7)

  To attach or indicate the place where the evidence considered pertinent is located. When the claimed violation concerns exclusively points of Law, it is not necessary to comply with the requirement relating to evidence;

• 8)

  Specific petition; and,

• 9)

  Place, date and signature of the appellant or their attorney. The instruments accrediting representation may be presented in original, copy or certified copy by the competent body or copy authenticated by notary; in their case they must be compared by the General Secretary or designated official of the Electoral Justice Court (TJE).

APPEARANCE OF LEGAL PERSONS. When juridical persons of Public Law appear before the Electoral Justice Court (TJE), through their legal representatives they must accredit the power with which they act by means of public deed. It shall not be necessary to present documents relating to the power if they are in the administrative file.

CORRECTION. When the written request does not meet the requirements established in the preceding articles, the necessary documents are not attached, incompatible claims are formulated that cannot be resolved in a single sentence or in the same written request more than one electoral level is sought to be challenged; the petitioner must be required to, within the deadline of Twenty-four (24) hours, correct the defect, formulate their claim in a separate written request or attach the documents to which it gives rise. In all cases, the warning must be made that if they do not do so, the remedy shall be deemed not filed and the proceedings shall be ordered archived without further proceeding.

INADMISSIBILITY OR DISMISSAL OF THE REMEDY. The grounds for inadmissibility or dismissal of the remedy must be examined and decreed ex officio by the Electoral Justice Court (TJE).

GROUNDS FOR INADMISSIBILITY. The grounds for inadmissibility of the Remedy are the following:

• 1)

  Incompetence of the jurisdictional organ;

• 2)

  Lack of procedural standing;

• 3)

  Failure to exhaust prior instances established in the laws or in the internal statutory norms of the parties;

• 4)

  Because it is filed outside the legally established deadline; and,

• 5)

  Because it is directed against an act or resolution not subject to the Remedy. The order of inadmissibility ends the electoral justice process, which must be archived without further proceeding.

ADMISSIBILITY AND FILING. The Appeal Remedy must be filed before the Electoral Justice Court (TJE) and is admissible against the acts and resolutions of the National Electoral Council (CNE), Unit of Financing, Transparency and Oversight of Political Parties (UFTFPL), of the parties and their members. Once the remedy is filed, the Electoral Justice Court (TJE) must require the corresponding authority to, within the deadline of Forty-eight (48) hours, remit all the actions developed in that instance, under the warning that the failure to remit the files gives rise to the imposition of the enforcement measures established in this Law.

RESPONSE TO GRIEVANCES. In the order of admission of the remedy, the Electoral Justice Court (TJE) must grant to the other party the deadline of Three (3) business days, to respond to the grievances and attach the probative documents of the substantive issue, in the case that it proceeds.

DISMISSAL. Dismissal proceeds when:

• 1)

  The appellant expressly withdraws from the remedy in writing, in which case it is resolved outright;

• 2)

  The authority responsible for the challenged act or resolution modifies or revokes it, in such a way that the respective means of challenge becomes without motive or cause, before judgment is rendered;

• 3)

  Having been admitted the corresponding remedy, there appears or arises some ground for inadmissibility, in the terms of this Law; or,

• 4)

  The aggrieved citizen dies or their legal personality is extinguished, is suspended or deprived of their political-electoral rights.

EVIDENCE TO PRESENT AND SENTENCE. In the order in which the grievances are deemed responded to, if there is evidence to present, the corresponding hearing must be set for that purpose, which must be held within Three (3) business days following the notification of the corresponding order. If there is no evidence, the Electoral Justice Court (TJE) must issue a ruling turning it over to the Reporting Magistrate, citing the parties for sentence, which must be issued within the legally established deadline.

FOUNDATION. Whoever asserts a fact is obligated to prove, and so is whoever denies when their denial implies the express affirmation of a fact. It corresponds always to the actor or petitioner, to accredit the facts on which they base their claim. Facts subject to controversy are the object of proof. Proof is not admissible on law, notorious or impossible facts, nor those that have been recognized by the parties. The Electoral Justice Court (TJE) may invoke notorious facts, even if they have not been alleged by the parties. For the valuation of evidence, the provisions in the Civil Procedural Code must be observed.

PRINCIPLE OF CONTRADICTION. In the presentation of evidence, the principle of contradiction of the parties shall be respected, provided that this does not mean the possibility of delaying the process or the risk of hiding or destroying the evidentiary material.

TYPES OF MEANS OF PROOF. Only the following means of proof shall be admissible:

• 1)

  Interrogation of the parties;

• 2)

  Public documents;

• 3)

  Private documents;

• 4)

  Technical means and digital means of sound and image reproduction and technical instruments that allow archiving and recognizing or reproducing words, data, figures and mathematical operations carried out for accounting or other purposes;

• 5)

  Witness testimony;

• 6)

  Expert opinion; and,

• 7)

  Judicial inspection. In the case of numerals 4), 5) and 6), the party proposing these means of proof, once admitted, is responsible for their presentation at the hearing.

ADMISSIBILITY. Evidence must be proposed in the written request of the remedy, it is only admissible if it meets the following conditions:

• 1)

  That which has been wrongfully denied in first instance;

• 2)

  That which for any cause not attributable to the one proposing the evidence, could not be presented in first instance all or part of which had been admitted; and,

• 3)

  That which refers to relevant facts for the law or interest at issue that occurred after the deadline for issuing a resolution in first instance was opened.

SUPPLEMENTARY EVIDENCE. The Electoral Justice Court (TJE) has, at all times, the power to order the practice of supplementary evidence, giving notice thereof to the parties and preserving at all times procedural equality. Likewise, it may order the presentation of expert evidence, when the claimed violation warrants it, deadlines allow its presentation and it is considered determinant for clarification of the facts.

OF JURISDICTIONAL RECOUNT. The request for jurisdictional recount must be filed in writing, by the interested party before the Electoral Justice Court (TJE) via Remedy, specifically indicating whether it requests total or partial jurisdictional recount, electoral level, Party, number of Vote Receiving Boards (JRV), the reasons and legal grounds supporting its claim and the clear and specific petition. The partial or total recount of the voting received in the Vote Receiving Boards (JRV) or the result of the special count performed by the National Electoral Council (CNE), must be ordered by the Plenary of Magistrates at the request of whoever holds the respective candidacy, whether it is independent, of a Party or an alliance. The foregoing applies to primary, internal and general elections.

TYPES OF RECOUNT. The partial recount has the object of performing the count, computation of votes and other electoral documents of those Vote Receiving Boards (JRV) or the result of the special count performed by the National Electoral Council (CNE), specifically indicating, number and electoral level. The total recount has the object of performing the count, computation of votes and other electoral documents of all the Vote Receiving Boards (JRV) or the result of the special count performed by the National Electoral Council (CNE) of the municipality, department or throughout the national territory, according to the type of electoral level.

ADMISSIBILITY. The recount is admissible when: 1) Grievances related to cases of nullity are presented, if there is also rational indication of error or abuse committed on the basis of evidence presented or in other cases established in the Electoral Law of Honduras; and, 2) The National Electoral Council (CNE) unjustifiably refuses to perform special, partial or total count of the Vote Receiving Boards (JRV). To carry out the Jurisdictional Recount, the Electoral Justice Court (TJE) must verify that the result thereof decisively affects the difference in the electoral result for the awarding of some candidacy or elective office subject to the Remedy, otherwise it must be rejected outright.

PROCEDURE FOR THE RECOUNT. The Jurisdictional Recount is subject to the following procedure:

• 1)

  The place, day and time it takes place must be indicated, as well as the designated Magistrate;

• 2)

  The National Electoral Council (CNE) must be notified, of the day and time set for the practice of the Jurisdictional Recount, and it must be made public the performance of such diligence by means of the website of the Court (www.tje.hn), the notice board and any other available means, so that any person with legitimate interest may appear personally to the performance of it in its capacity as observer, and must be previously accredited before the General Secretariat of the Electoral Justice Court (TJE);

• 3)

  The appellant and those holders of legitimate interest, if identified in the file, must be notified, through electronic means or on the notice board of the General Secretariat of the Electoral Justice Court (TJE);

• 4)

  On the day and time set, the designated Magistrate, together with support staff, must appear at the place defined for the performance of the Jurisdictional Recount; those legitimately interested may be present;

• 5)

  The performance of the Jurisdictional Recount corresponds to the designated Magistrate, for which purpose a Vote Receiving Board (JRJ) must be formed with personnel designated by the Electoral Justice Court (TJE), composed of a President, Secretary and Scrutineer, who must perform the recount in the same manner as for the count established by the Law, according to the electoral level or levels in question, in accordance with that requested by the party;

• 6)

  From all actions an OFFICIAL MINUTE must be drawn up by the official of proceedings designated by the Electoral Justice Court (TJE), and must incorporate in a summary manner the allegations opportunely expressed by whoever or whoever has legitimate interest and who attend, the same that must be incorporated into the merit file. Additionally, the results must be recorded in SPECIAL JURISDICTIONAL RECOUNT MINUTE, which must bear the same number of the Vote Receiving Board (JRV) subject to the recount, which must replace the challenged minute and be incorporated by the National Electoral Council (CNE) to the total sum of results and corresponding data;

• 7)

  Upon conclusion of the Jurisdictional Recount, the designated Magistrate must deliver to the General Secretariat of the Electoral Justice Court (TJE), the OFFICIAL MINUTE accompanied by the SPECIAL JURISDICTIONAL RECOUNT MINUTES drawn up for that purpose, which must be incorporated into the merit file; continuing with the corresponding legal proceeding, resolving in the final sentence, which must be communicated to the parties and the National Electoral Council (CNE) for its proper compliance; and 8) Being the Jurisdictional Recount an electoral judicial action included within the remedy, its transmission and dissemination is exclusive to the Electoral Justice Court (TJE).

REQUIREMENTS. Sentences must be in writing and contain the following data:

• 1)

  Designation of the body issuing it, place and date;

• 2)

  Heading;

• 3)

  Background that must clearly contain and in separate paragraphs the challenged resolution, the expressed grievances, the evidence and valuation thereof;

• 4)

  Legal foundation, which must comprise the reasons and legal grounds of the sentence;

• 5)

  Operative Part that determines the admissibility or inadmissibility of the remedy, the scope of the sentence and in its case, the deadline for its compliance;

• 6)

  Signature and seal of the Magistrates who took part in the final decision, countersigned by the General or Assistant Secretary and in case of absence of these by the official designated by the Plenary for that purpose; and, 7) Separate opinion in case it occurs.

SENTENCES. The sentence is the decision of the Plenary of the Electoral Justice Court (TJE) on a matter submitted to its knowledge through the Remedy, using the phrase: "IN THE NAME OF THE STATE OF HONDURAS" and concluding the same with the formula "NOTIFY AND EXECUTE".

SCOPE OF SENTENCES. The sentence may confirm, modify, revoke or annul the challenged act or resolution; sentences issued in the Remedy must be clear, precise and consistent and cannot be modified after being signed, except for the clarifications or material corrections that can be made ex officio or upon request of a party, within three (3) business days following its notification.

ADMISSIBILITY. Enforcement measures proceed to ensure compliance with the dispositions, resolutions and sentences issued by the Plenary. The Electoral Justice Court (TJE) may impose ex officio, in observance of the procedural guarantees of the parties, the fines and enforcement measures referred to in this Law, if it is also determined in a remedy bad faith proceeding, simulation or abuse of law.

ENFORCEMENT MEASURES. To ensure compliance with the dispositions of this Law, as well as the sentences rendered, the Electoral Justice Court (TJE) may apply, after citation of the party, to the respective hearing, the following enforcement measures and disciplinary corrections:

• 1)

  Warning;

• 2)

  Written admonishment;

• 3)

  Fine of one (1) to fifty (50) average minimum monthly salaries in effect in the country. In case of recidivism, up to twice the established amount may be applied. Of the fine applied, Fifty Percent (50%) must be transferred to the Electoral Justice Court (TJE) by the General Treasury of the Republic. For the application of the fine, the gravity of the act or omission causing non-compliance with the resolutions of the Electoral Justice Court (TJE) must be taken into account; and, 4) Arrest for up to twenty-four (24) hours. Enforcement measures and disciplinary corrections must be applied by the Plenary of the Electoral Justice Court (TJE), by itself or with the support of the competent authority, as appropriate. Once the resolution or sentence of the Electoral Justice Court (TJE) is final, if the sanctioned party does not pay the fine within Three (3) business days following notification, the Electoral Justice Court (TJE) must remit certified copy of the file to the General Procuracy of the Republic (PGR), so that it proceeds to file the corresponding judicial actions, to make it effective.

NON-EXECUTION OF SENTENCE. In case of non-execution of sentence, the interested party may request its compliance from the Electoral Justice Court (TJE) within Five (5) business days after the competent authority incurs in the omission or incorrectly executes the issued sentence, giving it incidental handling to the same. In these cases, the processing and resolution of the incident corresponds to the Plenary, which must be processed and resolved at the latest within a deadline of Ten (10) business days, computed from the receipt thereof. Incidents must be governed by the principles of procedural economy and celerity and, processed with the written incident and view for Twenty-four (24) hours to whoever is indicated as responsible. Once done, the corresponding resolution must be issued within the legal deadline. The Electoral Justice Court (TJE) must appoint an executing delegate for compliance with the sentence.

REFORMS. To reform numeral 9) of Article 10 of the LAW OF FINANCING, TRANSPARENCY AND OVERSIGHT OF POLITICAL PARTIES AND CANDIDATES, contained in Legislative Decree No.137-2016, dated November 2, 2016 and published in the Official Journal "La Gaceta" on January 18, 2017, Edition No.34,242, which shall henceforth read as follows: "ARTICLE 10. ATTRIBUTES OF THE UNIT. The Unit has the following attributes: 1)… 2)… 3)… 4)… 5)… 6)… 7)… 8)… 9) To elevate, in appeal to the plenary of the Electoral Justice Court (TJE) the challenges against the resolutions issued by the Unit, after completion of investigation proceedings; 10)… 11)… 12)… 13)… 14)… 15)… 16)… 17)… 18)… 19)…"

REPEALS. Decree No.71-2019, dated August 15, 2019, published in the Official Journal "La Gaceta" Edition No.35,027, dated August 20, 2019, is partially repealed, containing the SPECIAL LAW FOR THE SELECTION AND APPOINTMENT OF ELECTORAL AUTHORITIES. ATTRIBUTES, COMPETENCIES AND PROHIBITIONS, regarding the Electoral Justice Court (TJE), in all those provisions that regulate aspects that are opposed to or have been incorporated in this Law. Likewise, all laws, norms and provisions that oppose this Law are repealed.

TECHNICAL, ADMINISTRATIVE AND BUDGETARY SUPPORT. The State Secretariat in the Office of Finance (SEFIN) is ordered to provide technical, administrative and budgetary support to the Electoral Justice Court (TJE), in order to fulfill its constitutional mission.

REGULATIONS. The Electoral Justice Court (TJE) is ordered to draft the regulations of this Law within a maximum deadline of Sixty (60) calendar days, counted from the date of its entry into force.

SUPPLEMENTARY APPLICATION. For compliance with what is regulated in this Law, the provisions of the Civil Procedural Code are supplementary.

EFFECTIVE DATE. This Law shall enter into force from its publication in the Official Journal "La Gaceta".