1. Decree No. 307 the Legislative Assembly of the Republic of EL SALVADOR, whereas: I.-that article 85 of the Constitution stipulates that the Government is Republican, democratic and representative, that the political system is pluralist and is expressed through the political parties, which are the sole instrument for the exercise of the representation of the people within the Government; In addition, standard in the sense that the existence of a single official party is incompatible with the democratic system and with the form of Government established in it.
II. articles 6 and 7 of the Constitution, regulating that everyone can express themselves and freely disseminate their thoughts whenever they do not subvert public order, injured or morals, honour or privacy of others; that you have the right to associate freely, to assemble peacefully and without weapons for any lawful object, prohibit the existence of political, religious or trade union armed groups.
III.-that the articles 72 and 73 of the Constitution, to recognize the rights and duties of political citizen being exercise the suffrage, associate to form political parties and joining the already established and opt to officials fulfilling the established requirements, as well as meet and to ensure that compliance with the Constitution of the Republic and serve the State in accordance with the law.
IV.-that article 208 of the Constitution regulates the Supreme Electoral Tribunal is the highest authority in electoral matters. And article 210 acknowledges the political debt as a mechanism of funding for political parties contending, to promote their freedom and independence, being secondary law that will regulate concerning this matter.
V that the Salvadoran State has ratified the Convention on the Elimination of all the forms of discrimination against women, defining the article 1 of the Convention, as discrimination against women, any distinction, exclusion or restriction which has the object or result, impairing or nullifying the recognition, enjoyment or exercise of the rights of women on a level of real equality with men.
VI. that throughout the national historical stage understood since 1983 was passed in which the Constitution and the reforms of 1992, year in which peace agreements, were signed to date, have been held successful presidential elections, deputies to the Central American Parliament, members of the Legislative Assembly and municipal councils and in this democratic experience of political parties have faced new and 2 different social realities that are not regulated in the existing electoral legislation, so it is necessary to issue a specific law regulating them in the new social historical context, according to preserve them, democratising them, modernize them and develop them as fundamental instruments of the political system.
Therefore, use of his constitutional powers and at the initiative of the deputies Alberto Armando Romero Rodríguez, José Francisco Merino López, Francisco Roberto Lorenzana Durán, Roberto José D´Aubuisson Munguía, Lorena Guadalupe Pena Mendoza, Carmen Elena Calderón Sol of Escalon, Sandra Marlene Salgado Garcia, Norma Guevara, Ana Vilma Albanez de Escobar, Rodriguez Bertha Mercedes Avilés, Richar management clear Reyes , Carlos Cortez Hernandez, Norma Cristina Cornejo Amaya, Nery Arely Diaz de Rivera, Manuel Flores, Melvin Gonzalez Bonilla and Rolando Mata Fuentes, Guillermo Francisco Mata Bennett, Mariella Pinto penalty, Jackeline Noemi Rivera Avalos, Jose Simon Paz, Nelson Quintanilla, Ramón Aristides Valencia Arana, Jaime Gilberto Valdés Hernández, Mario Eduardo Valiente Ortiz; with the initiative of the deputies of the legislative period 2009-2012 and Guillermo Avila Quel, Elizardo González Lovo, Ciro Cruz Zepeda Peña; with the support of the members Margarita Escobar, José Rafael Machuca Zelaya, José Antonio Almendáriz Rivas, Ernesto Antonio Angulo Milla, Marta Lorena Araujo, Manuel Orlando Cabrera Candray, Yohalmo Edmundo Cabrera Chacón, Reynaldo Antonio López Cardoza, Dario Alejandro girls Argueta, José Dennis Córdova Elizondo, Adán Cortéz, Blanca Nohemi Coto Estrada, Rosa Alma Cruz Marinero, S ilvia Estela Escobar Ostorga , Lucía de el Carmen Ayala de León, Antonio Echeverría Veliz, René Gustavo Escalante Zelaya, Omar Arturo Escobar Oviedo, Emma Julia Fabián Hernández, Felix Agreda Chachagua, Carmen Elena Figueroa Rodríguez, Jesús Flores de Juan Manuel Cornejo, Santiago Flores Alfaro, Vicente Hernández Gómez, Jose Armando large penalty, Edilberto Hernández Castillo, Estela Yanet Hernández Rodríguez, Jose Eduardo Jose Gutierrez, Karina Ivette Sosa de Lara, Benito Antonio Lara Fernández , Audelia Guadalupe López de Kleutgens, Hortensia Margarita Lopez Quintana, Jose Max Madriz Serrano, Rodolfo Antonio Martinez, Manuel Vicente Menjivar Esquivel, Heidy Carolina Mira Saravia, Oscar Ernesto Novoa Ayala, Guillermo Antonio Olivo Méndez, Jose Serafin Orantes Rodriguez, Mr. Orestes Fredesmán Ortez Andrade, Rodolfo Antonio Parker Soto, Mario Antonio Ponce Lopez, Mercedes Manuel Portillo Dominguez, Nelson de Jesus Quintanilla Gomez, standard Carolina Ramírez, David Ernesto Reyes Molina , Santos Adelmo Rivas Rivas, David Rodriguez Rivera, Patricia Maria Salazar of Rosales, Enrique Alberto Luis Valdez Soto, Mario Eduardo Valiente Ortiz, Eugenio Donato Vaquerano Rivas and Edwin Victor Alejandro Zamora David.
THE following DECREES: Law of parties political title I provisions preliminary chapter only 3 object of the law article 1.-the present law is to regulate the institutionalization of political parties, their interrelation with the public and with other bodies, in the framework of the norms and principles of representative democracy established by the Constitution.
Scope article 2.-the present law regulates the political parties regarding a: a. competent authority;
b. Constitution, registration, registration and cancellation requirements;
c. rights and obligations of political parties and their members;
d. obligations of transparency and accountability;
e internal democratic functioning;
f citizens affiliation to a political party;
g election of authorities and candidatures to posts of popular election;
h. coalitions and mergers;
j access to the State media;
k other aspects to be determined by this law.
Article 3.-the competent authority ultimate authority responsible for enforcing this law, is the Supreme Electoral Tribunal.
In the text of this law, the Supreme Electoral Tribunal may be called "the Court".
Definition article 4.-the political parties are voluntary associations of citizens who are legal persons in order to participate and exercise political power within the existing constitutional framework. Its purpose is to participate lawfully and democratically in public affairs and Government, as fundamental institutions of pluralism in the political system, concurring in the electoral process provided for in the Constitution.
4. the term "political party" is reserved for those associations that, having met the requirements of law are registered in the register of political parties carrying the Court. Only these will enjoy privileges and rights set forth in this law.
Article 5.-aims and functions functions and objectives of political parties: a. contribute to the entry into force and defence of democratic and pluralistic system; the promotion of a culture of peace, freedom and respect for human rights enshrined in Salvadoran legislation and international treaties ratified by the State;
b. formulate his ideas, programs and plans that reflect their proposals for national development, according to his vision of the country;
c. contribute to the democratic governance of the country and promote the analysis of the national reality according to his vision;
d. represent the will of the citizens and to channel public opinion;
e contribute to the education and political participation of the population, with the aim of forging a civic, democratic culture and social peace, which allow citizens trained to assume public duties;
f participate in the electoral process convened by the Supreme Electoral Tribunal, seeking candidates for posts of popular election;
(g). Others that are compatible with their representative functions and are situated within the regulatory framework established by the Constitution, laws and their respective statutes.
Title II Constitution and registration chapter I process of Constitution Constitution article 6.-the political parties are constituted by public deed, on the initiative of one number of not less than one hundred able citizens who are in process of organization or the exercise of political rights, which do not belong to other existing political parties.
No one can be compelled to constitute a match, become a member or to remain in it.
The articles of incorporation must contain: 5 a. His vision, ideals, principles and objectives;
b. solemn protest of its members to develop their activities in accordance with the Constitution and other applicable laws;
c. name, surname, age, sex, profession or occupation, number of the single identity document and each of the grantors; tax ID number
d. the relationship of bodies of management and members that comprise them;
e the name, comprehensive description of the partisan symbol, colors and if I had them, acronym and slogan;
f. the legal address of the party;
(g). The Statute;
h. designation of a legal representative;
i. the list of provisional authorities.
Request for proselytizing article 7.-the members of the interim governing bodies or the founders, presented by delegates specially designated from among its members, request the Court, later than thirty calendar days after given the public deed of incorporation, to authorizing them for activities of proselytizing, in order to gather the required number of citizens who support the registration of the party.
To this application must accompany the testimony of the public deed, referred to in the previous article and the book or required books that must be approved for registration signatures and fingerprints of citizens supporting.
If compliance with the provisions in the preceding subparagraphs cancellation be given properly, later than ten days after presented the request, the Court shall authorize the proselytizing activities applicants, extend them the credentials requesting and return books in which they settle in the first folio, a reason dated, sealed and signed by the Court and his Secretary in which the subject of the book, the number of pages containing, place and date of authorization will be expressed. The remaining folios should be sealed.
When it is necessary to remedy a prevention Court be granted within three days to evacuate them. The Court will provide book and format support tabs that must accompany the.
6 prohibitions on name, colors, symbol, acronym and slogan article 8.-in relation to the name, colors, symbol, abbreviation and partisan slogan, prohibiting the use of: a. denominations equal to or similar to the of a political party already registered or in the process of organization;
b. symbols or colors equal or similar to the of a political party already registered or in the process of registration;
c. name of natural or legal persons, or those harmful or alluding to names of institutions or individuals, or that threaten the morale and morality;
d. a geographical name as a unique qualifier;
e national symbols and trademarks, symbols, or figures at odds with morals or good customs.
Campaign of proselytizing Art. 9-proselytizing campaign, the political parties organization may make propaganda by any means of communication, but must conform to the provisions of the Electoral Code and they may not make propaganda that goes against morals, good customs and public order.
If a party organization does not comply with the provisions of the preceding paragraph or not comply the requirement that to effect in writing the Court, their activities, will be you suspended after hearing the offender. Resolution by means of which activities are suspended to a party organization, accept the appeal for review before the same court.
Examination of signatures and fingerprints article 10.-the campaign of proselytizing will conclude at the end of ninety days, counted from notified the respective authorization; over this period, organization, political parties must submit their books to the Court within three days, to review the signatures and fingerprints, along with the tab and legible copy of the single valid each of supporting citizens identity document.
The Court shall have a period of sixty days to review and verify the signatures and fingerprints, through voter registration, on the basis of existing records in the Court on the basis of the respective regulation.
Also you can request to the national registry of natural persons validation on its biometric systems or any other that use of the traces of the dope to fully establish the identity of those citizens, whereupon the national registry of the 7 natural persons pay any collaboration in the terms that requested you.
If the Court finds differences between firms or submitted fingerprints, with referral logs, the registration of the political party organization process will not be interrupted. The Court will not take into account such signatures and fingerprints to totalize the number required for registration, and shall also inform the competent authorities.
The Court shall authorize the party organization so appoint two delegates who can witness the process of review and verification of signatures and fingerprints that runs through the corresponding instance.
Extension of term for review of signatures and fingerprints article 11.-the term refers to the second paragraph of the preceding article, the Court may extend it up to thirty days of craft, when satisfying the requirements of the signatures and fingerprints, is found that they lacks; also will this enlargement, at the request of the interested party in organization, when the dope that lacks may be less than ten per cent of the requirements; in the latter case will be the examination of signatures, but a simple count of the same; This examination be verified until defeated the new deadline.
The Court will return to the political party organization, books for the unregistering of dope to complete the number required by law for registration.
In the event that the party organization not withdraw the referred books of offices of the Tribunal, expired the periods referred to in the preceding article, or if having them removed, do not they present them at the end of the respective term or not to attain the number of dope that indicates this law, the Court without further formality or diligence report yielded by the Secretary general of the It will issue a resolution declaring inadmissible the application as filed. This resolution only allowed for judicial review before the same court.
Once completed the registration of dope, will be continued from the last page used, a reason indicating the number of dope that contains and folios used. This reason should be dated, sealed and signed by the delegates of the Court responsible for this activity, and equal shape, they may be signed by the delegates of the party organization.
In the process of organizing parties, for approval or denial of registration is required the affirmative vote of four justices proprietary or alternate functions.
Designation of a party organization Article 12-during the Organization of a political party, it must use the name expressed in the public deed of incorporation, followed by the words "Organizing".
Chapter II process of registration 8 requirements of the request of registration article 13.-the application for registration of a political party is carried out in a single legislative act and must be accompanied of: a. witness to the deed of Constitution and a copy;
b. a list of citizens and capable citizens who are in the enjoyment of political rights, in number no less than fifty thousand who support the application for registration of the party organization along with the tab and legible copy of the single document valid for each identity. These citizens must not belong to another political party registered or organization;
c. three copies of the Statute of the party;
d. designation of legal, titular and alternate representatives who are accredited to the Court;
e. the Court will publish on its web site, the general valid format for the registration of citizens referred to in the literal b) of this article.
Advertising of the application for registration article 14.-received the application for registration, the Court shall verify compliance with the formal requirements and send to post it on its web site.
In addition, a summary of the application will be published in a newspaper of national circulation at the expense of the applicant, within the five days following his presentation, leaving all the information available to the public.
The overview referred to in the preceding paragraph shall include: a. the name, colors and symbol of the party;
b. the name of its founders and members of its highest body of address;
c. the name of their legal representatives;
d. the vision, ideals, principles and objectives of the party organization;
e payroll of citizens who support the registration of the party.
Right of objection to the registration and procedure article 15.-the individuals or legal entities that credited an interest, they can appear in court 9 its opposition to the registration of a political party. Such opposition may be made only during the five days from the publication in a newspaper of national circulation.
Expiry of the period for filing opposition, and if any, court will notify the party organization, open to tests for eight days and will resolve in a hearing that will be held at the end of that period.
Expired the term for filing oppositions has presented any or after three days without that appeal against the decision of the opposition has been lodged or solved this resource, this will be enforceable.
When the opposition is based on the challenge of any signature or footprint, will be not interrupted the process of registration of the political party organization, unless the number of supporting citizens is reduced to fewer than required to form a political party.
The Court will not take into account such signature and footprint to totalize the number required for registration, and shall also inform the competent authorities.
Deadline for decision on registration article 16.-Verificados requirements established by the present law, and the time periods established in the previous article the Court with the vote of at least four justices owners or their respective alternates in functions, within one period not exceeding three days, will be approved or refused. If it is favorable it will issue the respective resolution and order registration and publication in the official journal at the expense of the party concerned only once, within five days after the registration. Also, the Court published on its web site the Statute of the political party, indicating the date of inscription seat.
Legal 17.-the personality entry in the register of political parties grants legal personality to the political party.
Only political parties with existing registration may be candidates for all elected Manager and enjoy the prerogatives and rights set forth in this law.
Registration authorities following article 18.-the appointment of the members of the body of leadership of the political party, their legal representatives, as well as the granting of powers by these, they take effect from their express acceptance or that persons concerned the role or exercising such powers.
These acts or any revocation, resignation, modification or substitution of the persons mentioned in the foregoing paragraph or their powers, must register before the Court, leaving proof of name and only valid identity and document identification number tax designee or representative, as the case may be.
10. entries will be maintained through the certified copy of the relevant part of the Act stating the agreement validly adopted by the competent partisan body.
Additional registration for the exercise of office or representation in any other instance of the State is not required.
The legal representatives of the political parties have the General and special powers of procedural representation in the Electoral Code, unless stated otherwise in the Statute of the party.
Suspension of registration article 19-eight months before the end of a presidential, legislative and municipal office, and until they are published the official results of each election, the Court will not accept applications for registration of new political parties.
Registry of parties politicians article 20.-the Court will take the register of political parties, which is public and will be permanently open, except in the term regulated in the previous article.
The registration of political parties will contain: a. the name of the political party;
b. the symbol of the political party;
d. the date of its registration;
e. the names of the founders;
f names of its leaders, delegates and legal representatives to the Supreme Electoral Tribunal;
(g). The Statute and its reforms.
Title III rights, obligations, prohibitions and duties in matter of transparency chapter I rights and requirements 11 rights article 21-are rights of political parties: a. run candidates in the elections to the Presidency and Vice-Presidency of the Republic, territorial Legislative Assembly and the Central American Parliament; as well as municipal councils, in accordance with the Constitution, the Electoral Code and other applicable laws;
b. formulate his ideas, programs and plans that reflect their proposals for national development, according to his vision of the country;
c. exercise directly the right of surveillance on the elaboration, organization, publication and updating of the voter register; as well as in the preparation and development of the electoral process, as the Constitution and the Electoral Code; set out in
d. enjoy the freedoms that the Electoral Code gives them, for their proselytism political and electoral activities;
e receive private and public financing on the terms determined by this law;
f define internal processes to choose and run candidates in elections called by the Supreme Electoral Tribunal;
g form for coalitions for elections called by the Supreme Electoral Tribunal.
These must be approved by the Agency's national address that set the status of each of the parties;
h. merged with other parties in the terms determined by this law;
i. appoint representatives to the Supreme Electoral Tribunal, the Board of election monitoring, the national registry of natural persons, and temporary embs, according to applicable laws;
j be owners, holders or administrators of assets that are necessary for the fulfilment of its purposes, in a lawful manner;
k establish relationships with organizations or foreign political parties, maintaining in all circumstances its absolute independence, political and economic, as well as unrestricted respect for the integrity and sovereignty of the Republic;
l others that gives them the law.
12 article 22.-are obligations of political parties: a. adjust their organization, functioning and activity to democratic principles and provisions of the Constitution and the laws;
b. comply with the rules and procedures that identify their statutes for the choice of agencies direction and definition of mechanisms for the nomination of candidates for posts of popular election;
c. promote the defence of the Republican, democratic and representative government system;
d. inform the Supreme Electoral Tribunal any modification of its statutes, principles, objectives or programmes of action, in accordance with the provisions of this law;
e. to promote a culture of peace, civic values and the enjoyment of constitutional guarantees;
f take FORMAL accounting and having an internal audit in periods of management in accordance with its statutes, on the use of your heritage itself, and the funds raised from the public and private financing; (4) g. comply with the obligations that the present law on transparency and access to information;
h. procedures established in its Statute to promote the participation of women and youth in its management and in charge of people's choice nominations;
i. be promoted with the name, emblem, color or colors that settled in the single registry of political parties;
j ensure the effective functioning of the instances defined in its statute;
k keep a register of members or affiliates, which shall be updated periodically according to their statutes supporters and regulations; And, (4) l. the other that determines the present law. (4) prohibitions Article 23.-prohibited political parties: a. promote the consecutive presidential re-election;
b. join Ministers of any religious cult, the serving of 13 armed force and members of the National Civil Police;
c. use symbols in their advertising and electoral propaganda;
d. use of violence to achieve political ends;
e prevent the normal functioning of the institutions of the State;
f damage honor, privacy and self-image of the candidates of a political party and their families.
Chapter II transparency informal information (2) article 24.-political parties have the duty to facilitate the public in an informal mode, using electronic or physical media information on the following: (2) a. The public deed of incorporation, its Statute and others that the party deems appropriate;
b. your address national, departmental and municipal agencies;
c. your press releases and positions public; (2) d. The election platforms and government programs to promote in each election;
e the Covenants of coalition or merger validly concluded according to its Statute and this Act;
f amounts of public and private financing. (2) (g). The names of their representatives to the Supreme Electoral Tribunal, the Board of election monitoring and the national register of natural persons;
h. others deemed relevant by the party. * DECLARED unconstitutional information at the request of part (2) article 24-A.-political parties have a duty to facilitate the citizenry that the request, via electronic or physical media information on the following: a. names of the natural persons and legal that they make contributions to the 14 political party and the amount thereof, prior authorization of donors that will share this information , WHICH MUST BE
BE INCLUDED IN A SEPARATE DOCUMENT, EXTENDED TO THE EFFECT AND NOT BE PART OF SHEETS OF MEMBERSHIP; And, b. report on the use or destination of the funds obtained by the debt public and LAS donations private. (2) confidential information (2) article 25.-will be considered confidential information to private, PERSONAL, or family, of the members, nature activities leaders, candidates and candidates for posts of POPULAR election of the political parties.
LIKEWISE, INFORMATION CONTAINING THE DATA PERSONAL MEMBERS, LEADERS, CANDIDATES AND CANDIDATES FOR POSTS OF POPULAR ELECTION, EXCEPT LISTS OF CANDIDATES OR CANDIDATES FOR POSTS OF POPULAR ELECTION, WHICH ONLY CONTAIN THE FULL NAME AND OTHER PERSONAL DATA THAT THE APPLICANT AUTHORIZES.
IN ADDITION, THE INFORMATION ABOUT DONORS, MEMBERS, LEADERS AND CANDIDATES TO POPULARLY ELECTED POSTS, CONTAINING SENSITIVE PERSONAL DATA, MEANING THESE, THOSE THAT CORRESPOND TO A PERSON IN RELATION TO THE CREED, RELIGION, ETHNIC ORIGIN, AFFILIATION OR POLITICAL IDEOLOGIES, UNION MEMBERSHIP, SEXUAL PREFERENCES, PHYSICAL AND MENTAL HEALTH, MORAL STATUS AND FAMILY AND OTHER INTIMATE INFORMATION OF A SIMILAR NATURE OR WHICH MAY AFFECT THE RIGHT TO HONOUR TO PERSONAL AND FAMILY PRIVACY AND SELF-IMAGE OR THE WORK ENVIRONMENT OF A PERSON.
WITH RESPECT TO CANDIDATES AND CANDIDATES FOR ELECTED OFFICE, WILL ONLY BE CONSIDERED CONFIDENTIAL INFORMATION WILL REFER TO THEIR ETHNIC ORIGIN, SEXUAL PREFERENCE, FAMILY AND MORAL SITUATION. (2) confidential information (2) article 26.-is considered reserved information relating to the deliberative processes matches internal organs POLITICIANS; THE CORRESPONDING TO ITS POLITICAL STRATEGIES AND CAMPAIGNS; CONTAINED IN ALL TYPES OF SURVEYS THEY ORDERED.
LIKEWISE, INFORMATION PROCESSES IN COURSE OF ANY KIND THAT THE SUPREME ELECTORAL TRIBUNAL, IN THAT THE POLITICAL PARTIES ARE PARTY, UNTIL THEY ARE RESOLVED DEFINITIVELY. (2) access to information unit (2) article 26-A.-to receive and manage information requests, each political party must have a unit of access to information and transparency, 15 which should be located in the headquarters of each political party, which shall provide the information that is requested you within a maximum of ten working days period. (2) the functions main of the person responsible of this unit will be the following: a. receive and give pending to the requests for access to information;
b. assist individuals in the development of applications;
c. perform the procedures internal necessary for LA location and delivery of the information requested and notify to LOS individuals;
d. keep track of requests for access to information, their results and costs;
e carry out corresponding notifications;
f. resolve on the requests of information that is them submit within SENALADO term;
g to establish internal procedures to ensure greater efficiency in the management of access to information requests; And h. manage previously in the cases that is required, the consent of the persons natural or legal donors. (2) FREE (2) | Article 26-B-request and obtaining of information is governed by the principle of GRATUITOUSNESS, in virtue of which will be allowed access to the information free of cost.
REPRODUCTION AND SENDING INFORMATION, IF ANY, WILL BE PAID BY THE APPLICANT, ALTHOUGH ITS VALUE MAY NOT EXCEED THE OF USED MATERIALS AND COSTS OF REMISSION. POLITICAL PARTIES MUST HAVE FACT SHEETS OF REPRODUCTION COSTS AND SHIPPING. THE SENDING BY ELECTRONIC MEANS SHALL HAVE NO CHARGE.
TRYING TO COPY MAGNETIC OR ELECTRONIC, IF THE PARTY CONCERNED PROVIDES THE MEDIUM IN WHICH THE INFORMATION WILL BE STORED, THE PLAYBACK WILL BE FREE. (2) procedure (2) article 26-C.-any citizen or citizen may submit to the unit DESTINED to receive requests and provide information of the parties POLITICIANS, by submitting a request in writing which shall contain as a minimum: identification 16 the applicant through his generals and their unique document number of identity; SPECIFICATION OF THE REQUIRED INFORMATION AND TREATMENT THAT IS GIVEN TO SUCH INFORMATION OR ITS PURPOSE; PLACE OR EMAIL ADDRESS TO RECEIVE NOTIFICATIONS.
THE PERSON RESPONSIBLE FOR THIS UNIT SHOULD MANAGE THE OBTAINING OF THE INFORMATION REQUESTED AND MAKE IT AVAILABLE TO THE APPLICANT WITHIN A MAXIMUM OF TEN WORKING DAYS PERIOD.
WHEN IT CONCERNED INFORMATION CONFIDENTIAL OR RESERVED, UNIT MANAGER SHOULD DO SO KNOW IN WRITING.
WHEN THE REQUEST IS NOT MET, THE PERSON CONCERNED MAY BE MADE TO THE SUPREME ELECTORAL TRIBUNAL TO DETERMINE IF IT IS APPROPRIATE OR NOT TO PROVIDE THE INFORMATION THAT HAS BEEN DENIED TO THE APPLICANT, TO YOU HAVE BEEN CONSIDERED CONFIDENTIAL OR RESERVED, FOR WHICH WILL HAVE A MAXIMUM OF 15 WORKING DAYS TERM.
POLITICAL PARTIES WILL HAVE OBLIGATION TO MAKE AVAILABLE TO THE COURT OF AUDITORS, THE INFORMATION TO ITS FINANCING PUBLIC AND AVAILABLE TO THE SUPREME ELECTORAL TRIBUNAL AND THE MINISTRY OF FINANCE INFORMATION TO FINANCING PUBLIC AND PRIVATE DETAIL, WITHOUT THE NEED OF THAT MEDIATE THE CONSENT OF DONORS AT THE END OF EACH FISCAL YEAR, IN THE SAME WAY IS SHALL MAKE AVAILABLE TO THE AUTHORITY THAT THE REQUEST IN THE COURSE OF A JUDICIAL INVESTIGATION ANY TIME AS REQUIRED. (2) liability (2) article 26-D.-citizens that use reserved or confidential information in any way, affect the holders of such information, will respond in accordance with the civil or criminal proceedings that the laws establish; IN THE SAME WAY, RESPOND THAT PEOPLE KNOWINGLY DERESTRICTION OR CONFIDENTIAL DIVULGAREN SUCH INFORMATION. (2) penalties regime applicable article 27.-the political parties may not disseminate, distribute, or sell information that contains or may reveal sensitive personal, content managed information systems data, unless consent has MEDIATED express and free, in writing or by an average equivalent of individuals to make reference information. (2) failure to comply with the obligations set out in this title, shall be punished in the terms provided for in this law.
Title IV ordering democratic internal 17 Chapter I Affairs internal of the parties political delimitation Art. 28. the internal affairs of political parties include the set of acts and procedures concerning its organization and operation, as provided in this law as well as in the Statute and regulations that pass its address agencies.
Affairs internal of the parties political article 29.-are internal affairs of political parties: a. the development and modification of their fundamental documents;
b. the determination of the requirements and mechanisms for the free and voluntary affiliation of citizens;
c. requirements for the selection of candidates for posts of popular election, as well as members of their agencies address and party authorities and their pre-candidacies;
d. procedures for the selection of candidates for posts of popular election, as well as members of their agencies address and party authorities and their pre-candidacies;
e. the deliberative processes to define their political and electoral strategies, and in general, for decision-making by its agencies address;
f changes from authorities;
(g). The development and modification of the internal regulations.
Settlement of disputes article 30.-all disputes related to the internal affairs of political parties will be resolved by the bodies established in its bylaws for such purposes, and must solve in time to guarantee the rights of the members.
Only once internal defense mechanisms are exhausted, members shall have the right of appeal to the Supreme Electoral Tribunal.
Chapter II statutes 18 enforcement article 31.-the partisan status is required for registration of a political party; It shall establish its internal regulations and all of its agencies are obliged to comply with it according to the functions and powers which they are entitled. In addition, governs the rights and obligations of members, organizations and the relevant to their disciplinary regime.
Content article 32.-the Statute of the Party shall be public and shall contain at least: a. the name and party symbols;
b. principles, objectives and vision of the country;
c. a description of the internal organisational structure;
d. requirements for valid internal decisions;
e the requirements and mechanisms of enrollment and Disenrollment;
f the rights and duties of members;
(g). Discipline rules, sanctions and procedures and resources;
h. financial and patrimonial regime;
i. Regulation of the designation of the legal representatives;
j provisions for the dissolution of the party.
The political party must have at least one deliberative body in which all members are represented.
Internal bodies which ensure ethics and internal elective procedures will be created.
Election form, duration, deadlines and the powers of these bodies must be determined in its Statute.
Resources of challenge against the sanctions imposed on a member affiliate, must be decided when less in two instances within the party. Disciplinary procedures shall observe the rules of due process.
All members shall have the right to choose and be chosen for the positions of the political party and the nomination to posts of popular election, as the statute establishes it.
19. the reform of the Statute article 33.-the Statute of political parties can be modified according to the procedure shown in it, which will have reform initiative exclusively affiliates and the highest deliberative body, in the proportion that each statute to set forth. The reform process should ensure: a. the development of the reform project;
b. dissemination of the draft reform members, using resources that she set and record;
c. conduct consultation and discussion of the draft reform on territorial authorities, which will rise an act that recorded the proceedings;
d. contributions obtained in the consultation process and incorporate them in the final project, leaving evidence of the disagreement;
e the final draft to be submitted for approval by the highest body of the party leadership.
Approval of the statutory reforms require at least of half plus one of the members of the body.
The modifications should communicate to the Court, within ten days of its adoption, by means of certification of the point of Act of the partisan authority for registration and publication in the official journal without any further formality or diligence.
The Court may require bearing capacity of the process performed before approval.
Report of change of authorities article 34.-political parties are under the obligation to inform the Court, within ten days of any change in members of their agencies address, as well as their legal representatives, by means of certification of the point of the respective meeting of the competent body of.
Chapter III membership and resignation right of affiliation and Disclaimer article 35.-all the citizens with right to vote and enrolled in the electoral register, can join freely and voluntarily to a political party according to the statutes or regulations of the regulate it.
20 Ministers of any religious cult, members on active duty in the armed forces and members of the National Civil Police may do not sign up.
No one can be compelled to join or remain in a political party.
The individual right to be admitted into a political party as a member of the same, will take as a basic condition the manifestation of acceptance of the statutes, the supporters foundations, action programmes and electoral political platforms.
The permanence of a citizen or citizens in a political party is voluntary and will give it at any time without cause expression.
Chapter IV rights of the members rights article 36.-the members of political parties, shall have the following rights: a. choose and be elected in accordance with the established procedures;
b. participate in the activities of the party and in internal organs and representation;
c. be informed of truthful and timely manner to take decisions in full knowledge, on the operation of the agencies of the Administration party, as well as the decisions taken by leaders and Government officials, members of the party, and on the economic and financial situation of the party;
d. exercise of freedom of expression and participation in the authorities of the party of which it forms part;
e propose, criticize, denounce and contest before the internal bodies and the Supreme Electoral Tribunal, agreements and decisions that it decides to adopt the party, if it considers them to be contrary to the fundamentals favor, contrary to the Constitution, the laws, the Statute supporter, or violate their rights;
f access to records in the bidding processes that are followed, in order to provide the means of proof relevant to exercise their defense in accordance with due process;
g participate in electoral processes;
h. that is you guarantee the reservation of your data personal and data personal sensitive and you can, directly or to through of his representative, request is you report without delay if you are processing your data; TO GET AN INTELLIGIBLE REPRODUCTION OF THE DATA THAT IT REMAIN 21 RECORDS OF THE POLITICAL PARTY; TO OBTAIN CORRECTIONS OR DELETIONS THAT APPLY WHEN RECORDS ARE INACCURATE, OR UNJUSTIFIED AND MEET RECIPIENTS WHEN THIS INFORMATION IS REQUESTED OR TRANSMITTED, ALLOWING YOU TO KNOW THE REASONS THAT LED TO YOUR REQUEST. (2) i. the access to the data personal is exclusive of your holder or his representative. HOWEVER, THE SUPREME ELECTORAL TRIBUNAL, IN ITS WORK OF SUPERVISION, WILL HAVE UNRESTRICTED ACCESS TO SUCH DATA, AND MUST AT ALL TIMES TAKE NECESSARY MEASURES FOR PROTECTION OF THEM. (2) chapter V election of authorities and supporters to posts of POPULAR election CANDIDACIES internal elections (4) article 37.-the election of authorities favour and the selection of candidates and candidates to POPULARLY elected positions, political parties should hold elections internal, with vote free, direct, equal and secret members or affiliates ENROLLED in the register corresponding to their TERRITORIAL CONSTITUENCY and in accordance to the rules established in this law HIS SUPPORTERS STATUTES AND REGULATIONS. (1) (2) (3) (4) ELECTORAL Commission (4) article 37 - a.-for the preparation, organization, direction and SUPERVISION of internal elections, the highest body of leadership of the political party, shall constitute a permanent ELECTORAL Commission, whose members should not belong, nor be candidates to party authority bodies or POPULAR, if any of the members of the Committee elected decides to apply IT MUST BE REPLACED.
THE ELECTORAL COMMISSION SHALL BE THE MAXIMUM AUTHORITY INTERNAL IN THIS MATTER. (4) call elections (4) article 37-B.-the ELECTORAL Commission of the political party, must call internal elections to choose candidates to POPULARLY elected posts at least six months before the convening of the Supreme ELECTORAL TRIBUNAL.
FOR THE ELECTION OF AUTHORITIES FAVOUR, THE COMMISSION ELECTORAL WILL CONVENE IN ADVANCE TO DATE IN ENDING THE PERIOD OF THE AUTHORITIES TO CHOOSE ACCORDING TO ITS STATUTES.
22 TO MAKE THE CALL, THE ELECTORAL COMMISSION MUST INDICATE THE PERIOD OF REGISTRATION OF CANDIDATES. (4) CIRCUMSCRIPTIONS (4) article 37-C.-for the party authorities elections and candidatures to posts of POPULAR election, shall constitute a three types of constituencies: national, departmental and MUNICIPAL.
NOMINATIONS to positions of choice POPULAR, ELEGIRAN ASÍ: a. in the CONSTITUENCY national, LOS members or affiliates ELEGIRAN LA CANDIDACY to the Presidency and Vice President of the Republic and nominations to councils to the Central American Parliament;
b. in the departmental CONSTITUENCY, the Member or members belonging to the Department, ELEGIRAN the nominations to councils to the Assembly legislative and to their respective substitutes; And c. in MUNICIPAL district, the Member or members belonging to the municipality, ELEGIRAN to the candidates to Mayor or mayor, trustee or OMBUDSWOMAN and Councillors.
IN THE CASE OF SUPPORTERS, ELECTION AUTHORITIES IS GOVERNED BY THE STRUCTURE AND NAMING OF THE CHARGES PROVIDED FOR IN THE STATUTES OF EACH POLITICAL PARTY. (4) requirements to participate as candidates in internal elections (4) article 37-D.-who is applying to participate in elections internal, you should fulfill the requirements enshrined in the Constitution, the ELECTORAL code and the statutes, depending on the type of application that is try.
TO MEMBERS OR AFFILIATES OF THE PARTY, TO PARTICIPATE IN ELECTIONS INTERNAL CANDIDATES, MUST APPLY TO THE ELECTORAL COMMISSION, THE REGISTRATION OF HIS CANDIDACY FOR THE POSTS OF PARTY AUTHORITY PROVIDED FOR IN ITS STATUTES OR A CHARGE OF POPULAR ELECTION.
THE STATUTES OF EACH POLITICAL PARTY, GOVERNED CASES IN WHICH THERE IS INTEREST, ON THE PART OF MEMBERS OR AFFILIATES, TO PARTICIPATE TO BE ELECTED INTO POSITIONS OF AUTHORITY SUPPORTED IN ANY OF THE LEVELS IN WHICH IT IS ORGANIZED. IN THESE CASES, THE ELECTORAL COMMISSION SHALL NOTIFY THE AGENCY MAXIMUM OF DIRECTION OF THE POLITICAL PARTY.
THE BODY MOST OF THE LEADERSHIP OF THE POLITICAL PARTY WITHIN A MAXIMUM OF FIVE WORKING DAYS, NOTIFY THE ELECTORAL COMMISSION A NEW DEADLINE SO THAT YOU MAKE THE APPROPRIATE CHOICE. (4) 23 application for registration (4) article 37-E.-the application for registration as candidate or candidate POPULARLY elected positions or positions of authority supported, is presented to the ELECTORAL Commission by the person concerned in ORIGINAL and copy, and shall contain at least: a. indication of the charge for which is POSTULATED;
b. enlarged photocopy of the single document of identity valid;
c. proof of membership extended by the party;
d. affidavit of not be understood in the disabilities established in the Constitution and the code ELECTORAL;
e. affidavit of be solvent in the payment of PENSION food, in case that is forced;
f SOLVENCY of the income tax and MUNICIPAL SOLVENCY of the DOMICILE of the candidate or candidate; And g. other that establish the statutes of the political party.
THE COMMISSION ELECTORAL PARTY POLITICAL STAMP AND RETURN THE COPY TO THE PERSON CONCERNED AND SHALL DECIDE THE APPROPRIATE. (4) design of ballots (4) article 37-F.-political parties used ballot papers and ballot boxes for each ELECTIVE level.
THE BALLOT PAPERS SHALL CONTAIN IN ADDITION TO THE INDICATION OF THE TYPE OF ELECTION IN QUESTION, THE PICTURE AND THE NAME OF THE CANDIDATES AND CANDIDATES, AND A SPACE SO THAT THE VOTER CAN MARK. (4) forms of vote (4) article 37-G-at the time of voting, the voter must identify with your single document valid identity.
THE VALID FORMS OF VOTE, WILL DEPEND ON THE TYPE OF ELECTION IN QUESTION, ALL WHICH MUST BE ADJUSTED TO THE RESPECTIVE REGULATIONS OF EACH POLITICAL PARTY.
(4) single CANDIDACY (4) 24 Article 37-H.-in case of not formalized over one CANDIDACY, by form or INDIVIDUAL, for a given category of supporters or people's choice nomination, the same charges should be choice of affiliates or members, requiring at least fifty percent plus one of the votes cast. (4) Declaration elected (4) article 37-I-held elections, the ELECTORAL Commission, shall declare elected the candidates and candidates for posts of POPULAR election as follows: a. the CANDIDACY to President or President and Vice-President O Vice President, will be that is by SIMPLE majority of votes;
b. the candidate members to the Legislative Assembly and the Central American Parliament owners, in every party POLITICIAN, is integrated by adding the TOTAL of votes obtained by each candidate and candidate, following the order from major to minor, of TAL way that holding the first place who has obtained the higher number of votes. THE SECOND, IN DESCENDING ORDER YOU FOLLOW THE VOTES OBTAINED AND SO ON UNTIL THE NUMBER OF COUNCILS THAT APPROPRIATE FOR EACH DISTRICT;
c. the candidate to Mayor or mayor, will be that result by most SIMPLE of votes of his respective municipality; And d. the candidates to trustee or trustee, ALDERMEN and Councillors, in accordance with the regulations. (4) resources (4) article 37-J.-a time held the election of elected positions, affiliate or member that was POSTULATED in the internal election and was not elected as a candidate, will have 24 hours to appeal the review or revocation to the ELECTORAL Commission.
IN THE LETTER WHICH STANDS THE RESOURCE, MUST BE EXPRESSED ALL THE CIRCUMSTANCES, FACTS OR REASONS THEREFOR OF REVISION OR REVOCATION REQUEST, OFFERING ALSO PRESENT RELEVANT EVIDENCE.
WITHIN TWENTY-FOUR HOURS OF THE APPEAL AND VERIFIED THAT IT MEETS THE REQUIREMENTS OF ADMISSIBILITY, IS HE WILL ADMIT, AND MAY SHOW PARTY MEMBERS WHO PARTICIPATED IN THE ELECTION AND HAVE AN INTEREST IN THIS PROCESS; THEY SHOW PART OR NOT, OPENS TO TEST FOR TWENTY-FOUR HOURS THE RESPECTIVE PROCEEDINGS.
WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION OF THE TERM 25 PROBATIVE, SHALL DECIDE THE APPROPRIATE RULING, AGAINST WHICH NO FURTHER APPEAL SHALL NOT BE ALLOWED. (4) notification and registration in the Supreme ELECTORAL TRIBUNAL (4) article 37-K-held elections internal, either to choose party authorities or candidatures to posts of POPULAR election, the ELECTORAL Commission, shall declare elected citizens that corresponds, and the recorded before the body's direction of the political party, and this thing will be notified through their LEGAL representative to the Supreme ELECTORAL TRIBUNAL , SO PROCEED WITH YOUR REGISTRATION. ONCE REGISTERED, THE POLITICAL PARTY IT WILL MAKE KNOWLEDGE PUBLIC, BY SUITABLE MEANS. (4) REPLACEMENTS (4) article 37-L.-once practiced elections, internal changes in the lists of candidates for POPULAR election, can be made except that the elect do not fill requirements enshrined in the Constitution and the ELECTORAL code, by resignation of the candidate in writing or by force majeure, in these cases will replace the candidate who has obtained the largest number of votes in descending order.
IT WILL BE NULL VOID ANY CHANGE THAT DOES NOT COMPLY WITH THE ABOVE REQUIREMENT. (4) gender quota (4) article 38.-the political parties should integrate their schedules for election of Councils to the Legislative Assembly, Central American Parliament, and members of the municipal councils, at least with a thirty percent of participation of women.
THIS PERCENTAGE IS APPLIED TO EACH NATIONAL, DEPARTMENTAL AND MUNICIPAL PAYROLL DEPENDING ON THE REGISTRATION OF CANDIDATES AND CANDIDATES THAT EACH PARTY POLITICIAN, OR COALITION, PRESENT IN THE NATIONAL, DEPARTMENTAL AND MUNICIPAL DISTRICTS. EACH FORM WILL BE CONSIDERED IN A COMPREHENSIVE MANNER, I.E. INCLUDING NOMINATIONS FROM OWNERS AND ALTERNATES.
IN THE CASE OF THE RETURNS WITH CANDIDATES TO MUNICIPAL COUNCILS, THIRTY PER CENT MINIMUM FEMALE PARTICIPATION, WILL BE PAYABLE BILLS PRESENTING POLITICIANS OR COALITION PARTIES IN CASE OF BE WINNERS, BOTH LISTS IN THAT DESIGNATE THE ORDER OF PRECEDENCE IN CASE OF NOT GETTING A SIMPLE MAJORITY, ACCORDING TO PROVISIONS OF ARTICLE 165 SECOND PARAGRAPH OF THE ELECTORAL CODE.
THE TRIBUNAL SUPREMO ELECTORAL, THROUGH THE DEPARTMENTAL ELECTORAL BOARD, 26 MUST VERIFY THAT POLITICIANS OR COALITIONS PARTIES COMPLY WITH THE PROVISIONS OF THIS ARTICLE, AT THE TIME OF FILING THEIR SCHEDULES.
IN THE CASE OF ELECTIONS INTERNAL AUTHORITIES SUPPORTERS AND CANDIDATES TO POPULARLY ELECTED POSTS, EACH POLITICAL PARTY MUST BE PROVIDED IN ITS REGULATIONS, MECHANISMS THAT ENSURE GENDER IN THEIR INTERNAL PROCESSES OF ELECTIVE SHARE. (4) title V COALITIONS, mergers and cancellation chapter I of the COALITIONS right to negotiate coalitions article 39.-the registered political parties may negotiate coalitions at national, departmental and municipal level, in order to present common candidates in any election event.
The conditions must be entered in the respective Coalition Pact, signed by the representatives of the parties according to what determined their respective status and the Electoral Code.
Coalitions will expire when the Supreme Electoral Tribunal to declare firm the results of elections that have motivated them; except when under the concerned election arises the right provided for in article 208 of the Constitution.
If the above circumstances gave the Coalition will expire until the Legislative Assembly made the choice of judges or magistrates of the Supreme Electoral Tribunal.
The conditions must be entered in the respective Covenant's Coalition, by the representatives of the parties according to what determined their respective statutes.
Symbol of the Coalition article 40.-the political parties who decide to organize pursuant to the preceding article, may agree on the use of unique symbol or use independently of the symbols of each party, as the Electoral Code establishes it.
The votes that the Coalition will be the sum of the valid votes obtained by the parties.
Registration requirements article 41.-the Coalition Pact must contain: 27 a. subject of the Coalition;
b. distribution of nominations;
c. If they will adopt a single currency or use independently the symbols of each party;
d. form of distribution of the valid votes cast in favour of the Coalition, for the purpose of the regime of State funding;
e way to designate the triplet to integrate the Electoral Supreme Tribunal if it were the case.
Article 42.-all additional documents Pact of coalition, to be valid you must register at the written request of the parties, in a special book that will be taken by the Court. The application for registration must be accompanied by the following documents: a. the testimony of the public deed of the Pact of coalition which has signed;
b. certification of the agreements made by the parties relating to the coalition.
Presentation and deadline for resolving article 43.-the deadline for submitting the application for registration of a coalition Pact shall not be extended and expire 90 days prior to the date for the elections, and this period will be counted up to twenty-four hours of that day.
The application for registration of a coalition Pact, will be resolved by the Court within the three working days following the filing of, and if not it decides, the Covenant shall be registered.
In this case and in its authorization, the Court shall order its publication in two newspapers with national circulation and resolution, certification will be extended to interested parties.
If the application for registration any errors that may be correctable, the Court shall inform the applicant coalition so this remedy in within three days counted from the date of notification and corrected that those, the coalition shall be entered within twenty-four hours. Registered a coalition, the Court shall decide at the request of those concerned about the registration of common nominations according to the Covenant within the time limits laid down in the Electoral Code.
Chapter II the mergers Fusion article 44.-There are merger when two or more parties make up a new one, or when an existing 28 absorbed by one or more parties.
When two or more political parties decide to merge the legal representatives of the Parties shall agree in writing to merge, in subject to agreements that authorize it and to determine their respective status, all of which must be recorded in public deed and register in the Supreme Electoral Tribunal for relevant purposes.
Article 45.-the merger agreement must indicate: a. If you set up a new political party with a name and symbol other than the of the merged, in which case is cancelled the registration of registration of parties fused to generating a new registration, for which must accompany the merge request, the status of the new party, the relationship management organizations and members who make them up , as well as the names of their legal representatives;
b. holding the inscription of one of them, that will be the incorporante, it will assume the obligations and rights of the other parties fused; the remaining inscriptions being cancelled.
Procedures for the registration of the merger are content in this law for the relevant part.
Political parties in the process of cancellation will not be merged.
Application for registration article 46.-the application for registration of the merger, shall be submitted to the Supreme Electoral Tribunal by the legal representatives of the parties involved and must be accompanied by the following documents: a. certification of the point of Act of every party that has been agreed the merger;
b. the testimony of the public deed of merger.
So a merger Pact takes all the effects Légales follow all procedures for the registration, referred to in title II of this law. However, when the merged parties adopt statutes, principles and objectives, programmes of action, symbols or other existing requirements of any of the political parties in the merger process, it is not necessary to introduce new ones and the registration of the merger will operate full-fledged, extinguishing the legal personality of the fused.
Chapter causes cancellation III for cancellation 29 Article 47.-applicable cancel the registration of a political party: a. for voluntary dissolution according to its statutes;
(b) by the effect of a merger of parties;
c. when a political party that is involved in an election of members of the Legislative Assembly does not get fifty thousand valid votes cast in his favor;
d. When does not participate in two consecutive elections, provided that they are not held in the same year;
e when a political party using its propaganda, printers, organs of press, radio or television or any other means of dissemination that are under the administration of State entities.
Exception of the previous arrangement, the provisions of this law and the Electoral Code, as prerogatives of political parties;
f. When will any political party lead to any election fraud or that I will accept on your behalf, provided that such fact is statutory;
(g). When the political parties that make up a coalition to participate in an election of members to the Legislative Assembly or deputies to the Central American Parliament, participate with unique symbol, and not winning, the percentage of votes cast according to the following table: 1. one hundred thousand if the Coalition is composed of two political parties;
2 hundred fifty thousand if the Coalition is made up of three political parties;
3. fifty thousand additional for each political party more than three that integrate or agreed to form the coalition.
In any case, any political party may be cancelled if you have at least one member of the Legislative Assembly legislative representation.
Process cancellation article 48.-the process of cancellation by the grounds referred to in the literal c, d and g, the previous article, is run by the Court, within thirty days after filing firm election results with single certification of the election results issued by the Court.
Process of liquidation assets 30 article 49.-when the registration of a political party is cancelled under any of the grounds for cancellation that includes this law, legal personality will only survive for the fulfilment of the outstanding obligations to that date. The political party cancelled, within a period of fifteen working days, shall appoint one or two liquidators who will have exclusive function collect bills and make his heritage in order to settle its liabilities labour, fiscal, administrative, liquid and with suppliers or creditors. If it does not do so within that period, the liquidator shall be appointed by the Supreme Electoral Tribunal.
To do so, as a first step, the liquidator shall be a report containing an assessment of the assets and liabilities, which will count with the collaboration of the charge of the finances of the political party.
Performed the liquidation, if any accounts or commitments pending payable and heritage is not sufficient, the members of the highest national body, will respond to prorated to cover the pending.
If on the other hand, at the end of the settlement become a remnant, this will go to the charity chosen by the political party.
For the compliance with provisions in the previous paragraphs, the use of the name of the political party will be followed "In liquidation" expression.
Title VI heritage and financing of the parties political chapter I heritage and modalities of funding heritage article 50.-the heritage of political parties is made up of the contributions of its members, donations and legacies received, movable and immovable property it acquires, debts and grants from the State.
Article 51.-the financing regime of financing of political parties will have the following forms: a. public funding;
b. private financing.
Public financing is the recipient State based on article 210 of the Constitution of the Republic.
31 political parties can receive lawful economic contributions, in cash or in kind, to any title and collective fund-raising activities.
Contributions that donors to political parties, will be deductible from tax income, according to the respective law regulates it.
Political parties may not request credits from State banks, for the financing of their activities. They may not receive contributions from unidentified persons, with the exception of those obtained through collections made at rallies or in public.
Relating to the public financing funds, will be channeled through bank transfers to accounts of the respective political parties.
Chapter II financing public debt policy article 52.-the political parties or coalitions competing in the elections, in accordance with article 210 of the Constitution of the Republic, shall be entitled to receive from the State, a sum of money for each valid vote obtained in the elections for President and Vice-President of the Republic, deputies to the Central American Parliament and Legislative Assembly for , and to municipal councils.
The amount that must be paid by the votes of the elections referred to in the preceding paragraph, shall be the amount which was paid in the previous election for each of them, by the inflation accumulated, recognized by the Central Reserve Bank, which occurred during the period between each of the election concerned.
Political parties or coalitions participating in a second presidential election, are entitled to receive, for each valid vote obtained in this election, an amount equal to fifty percent paid in the first elections.
The debt policy article 53.-you'll have access right to financing regulated in the previous article, all those political parties or coalitions that participated in the corresponding election, in proportion to the number of votes obtained in it.
Certification of election results article 54.-for the justification of the respective delivery, just that the interested parties attached to receipt a certification of the outcome of the election concerned, extended by the Supreme Electoral Tribunal, which also becomes a record the total number of valid votes, which corresponded to each of the contending political parties.
Advance of 32 political debt
Article 55.-each political party or coalition contender will be entitled to an advance payment of seventy per cent of the votes cast in the previous election of the same type in which have participated.
Advance payment to eligible parties or coalitions contenders, as well as the amount which will be paid by the votes, shall be determined on the date of the call for elections. You can apply from the day following the announcement of elections and will be effective no later than three days from the filing of the respective application.
The rest of the political debt that corresponds to each political party, will be delivered no later than thirty days after declared firm results.
Payment or advance payment of this State funding or political debt will not cause tax one.
Advance of debt policy to new parties article 56.-the parties or coalitions which participate for the first time in a kind of election, shall receive as advance, fifty thousand dollars.
Guarantee of advance payment article 57.-the advance of political debt must be guaranteed through one sufficient bond to allow return to the Treasury the difference referred to in the following article.
Refund of advance payment article 58.-the parties must return to the Treasury, the difference that appears between the received advance and the sum that corresponds to them as a result of the liquidation of post-election, if this amount is less than the first, within the period of ninety days from the date they are declared firm the results of the election in question.
If closed the period for registration of candidacies, there is some political party that having received advance payment has not registered candidates, you must return all of the advance within a maximum period of fifteen days.
Debt policy of the parties Coaligados article 59.-for the purposes of political debt, where two or more political parties to form a coalition, legally registered, the following rules shall apply: a. individually each of the members of the coalition parties will maintain their rights and must comply with its obligations, and will be subject to the sanctions laid down , where appropriate;
b. all advance payment or payment to which they are entitled coaligados, political parties will be by means of the legal representative of each party coalesced;
33 c. Valid votes obtained the Coalition will be divided among the political parties that make up, in proportion to the percentage that has been agreed in the Pact of coalition.
Chapter III access to means of communication public access free article 60.-five days before the suspension of the elections provided for in the Electoral Code, political parties have free access to the media of radio and television, owned by the State, in an electoral Strip in the terms established by the present law.
Strip election article 61.-in each of the State radio and television station, you will have a temporary space for the dissemination of electoral proposals from political parties and coalitions contenders, which will be disseminated among the nineteen and twenty-two hours, with a duration of thirty minutes each day.
Half of the total time available will be distributed equitably among all political parties with candidates enrolled in the electoral process. The other half will be distributed in proportion to the number of members of each parliamentary group in the Legislative Assembly, to the time of the election. In this distribution, political parties participating for the first time in an election, will have a time equivalent to the party that has the smaller award.
It shall be responsible to the Supreme Electoral Tribunal, determine the time that corresponds to each party in each of the media, according to the criteria established.
Broadcasting times allocated and not used by political parties in the electoral Strip, will be used for the dissemination of voter education.
Access in periods not électorales article 62.-Parties the political will have free access to the media of radio and television property of the State, in a monthly briefing strip of sixty minutes in every medium of communication of the State, which will be disseminated among the nineteen and twenty-two hours, which will be distributed proportionally in attention to the number of votes obtained in the previous legislative election If you have obtained at least one seat in the Legislative Assembly. In this space may present their positions to the national reality, legislative proposals, activities and others deemed relevant.
The Court shall certify the percentage of votes obtained by each party, which will help each of the media, distribute time according to established criteria.
34 chapter IV * declared unconstitutional private financing private financing article 63.-political parties may receive private financing from natural or legal persons, within the limits and in accordance with the requirements and conditions laid down in this law, such as: a. fees and contributions or contributions in money of its affiliated members;
b. the product of the Fund-raising activities of the political party and the yields from their own heritage funds;
c. appropriations that contract;
d. donations and bequests or testamentary allocations that are made in their favor;
e. any contribution or contribution in money or in kind that obtain. * DECLARED unconstitutional amounts and registration 64 article. -The only private contributions can be credited in favor of political parties.
Any contribution must be individualized and be registered at the time of its receipt by receipt issued by the political party. Such donations or contributions may not be if you are anonymous.
All activity of collection of moneys for the political party shall be regulated by this, guaranteeing the principle of transparency and publicity. The Treasurer shall keep a record of party fundraising activities. * DECLARED unconstitutional at regular article 65.-the parties political contributions can receive individual economic contributions of natural or legal persons, in the same fiscal year, up to two per cent of the budget of the previous year, approved by the Legislative Assembly to the Supreme Electoral Tribunal. * DECLARED unconstitutional contributions in Pre election years article 66.-the parties political, in the year preceding any election, may receive individual economic contributions of natural or legal persons in the same fiscal year, up to three point five per cent of the budget special election special, approved by the 35 Legislative Assembly to the Supreme Electoral Tribunal, in the previous election of the same type.
Refers to year pre-electoral, that precedes the celebration of any type of election. * DECLARED unconstitutional prohibited sources of financing article 67.-the political parties cannot receive contributions of: a. any entity of public law or company owned by the State or with participation of this;
b. religious institutions of any denomination;
c. political parties and agencies of foreign Governments;
d. guilds and unions;
e natural persons who are serving sentences for offences of corruption, or any of those laid down in the law against the laundering of money and assets, and the law against organized crime and crimes of complex preparation. * DECLARED unconstitutional other prohibitions Article 68.-private financing be observed also the following rules: a. is prohibited companies use its employees to make donations imposed by their superiors;
b. do not they can donate natural and legal persons related to gambling activities, although they are legally registered and comply with their tax obligations;
c. people who contribute to political parties must be solvent tax obligations until the previous year that make the contribution. * DECLARED unconstitutional title VII infractions and regime penalties chapter I classification and sanctions types of offences 36 Article 69.-the violations of this law are classified as less serious and severe.
Offences less serious article 70.-constitute offences less serious as follows: a. ignore the appellation words "Organizing", or "In liquidation", as the case may be;
b. not to communicate to the Court the reforms to the statutes and other acts that need to register;
c. be promoted with the name, emblem, color or colors other than those that settled in the registry of political parties;
d. use symbols in their advertising and electoral propaganda.
Infractions Graves article 71.-constitute serious offences as follows: a. breaching the obligation to wear formal accounting and have an internal audit in periods of management in accordance with its statute;
b. comply with the obligations of the present law on transparency and access to information;
c. join Ministers of any religious cult, active-duty members of the
Navy and members of the National Civil Police force. In this case also, the affiliate in question is void once it is established the breach within the procedure provided for in this law;
d. damage to honour, privacy and self-image of the candidates of a political party and their families;
e. do not ensure gender equity in the terms which designates this law;
f breaching limits on private financing set out in this Act;
(g). Not repay the advance of political debt in the cases and within the time limits established by the present law;
h. accepting contributions from sources prohibited by this law.
Sanctions for offences less serious article 72.-the political party that incurs in any of the less serious offences, will be 37 sanctioned existing fine of ten to fifteen minimum monthly wages for the sector commerce and services, and must also fix the violation in one period not longer than fifteen days.
Penalties for offences serious article 73.-the political party that incurs in any of the serious offences, shall be punished by existing fine of fifteen to fifty-five monthly minimum wages for the sector commerce and services, and must also fix the violation in one period not longer than fifteen days.
Chapter II procedure penalties home of the procedure article 74. -The procedure for sanctioning violations of this law, will begin officially by the Supreme Electoral Tribunal, by denunciation of the Electoral tax, a legally registered party, its members, or the Electoral supervision Board.
Due process Art 75.-in all of the sanctioning procedures that are processed according to this law, fundamental rights as well as the due process laid down in the Constitution and the common law will be respected.
All the resolutions that say the Court in any punitive process, must notify within forty-eight hours to its resolution.
Record article 76.-entire punitive process will form a record containing the resolutions that are spoken and the documents linked to the case. The parties and their representatives will have access to the file.
Contents the complaint article 77.-the complaint must contain: a. the identification of the complainant and the quality in that complaint;
b. identification of the political party which is attributed to the infringement;
c. the description of the facts constituting the infringement;
d. test offering;
38 e. The legal electoral provisions which are considered to be broken;
f the designation of the place where can be notified, both the complainant and the respondent;
g specific request.
If the complainant provides no relevant proof, you will be referred to its content and the place in which it is located, and the Court will ask your application and incorporation into the process.
Admission of the complaint Art.78.-Interpuesta the complaint, the Tribunal must be in a maximum period of three days admit or declare the inadmissibility of the complaint or make objections to the complainant. In the latter case, it shall be a maximum period of three days to evacuate them.
If the Court considers it appropriate, in the same resolution it may require the collection of documents or other evidence, and their incorporation into the process.
Audience Art. 79-admited pointing the complaint, the Court in the same resolution designated day and time for the completion of a hearing, which will resolve the relevant.
Procedure and celebration of the audience Art.80.-the Court will begin hearing stating the object of it, the relationship of the facts put forward by the complainant, it will give the word to this and then to the party or Parties reported. In this hearing concerned produce and will provide the evidence that they deem suitable.
Justification article 81. -The Court shall reason the reasons of fact and law on which it based the decision, indicating the value that is given to the evidence provided and the criteria adopted for determining the amount of the penalty.
Deferral of the article 82.-when failure by the nature of the facts on which has been pronounced, the Court may not issue at the end of the hearing the resolution that is appropriate, may bring new audience for the pronunciation of the respective judgement, which must be set at the latest within three working days.
Review article 83.-the resolution issued by the Tribunal, only may be brought judicial review, within the three days following the respective notification. Judicial review should be corrected by the 39 court within one period not exceeding 10 working days.
Title VIII final provisions, derogations and transitional deadlines article 84.-the periods established in this law shall be expressed in working days, unless expressed otherwise.
Cases not provided for article 85.-in the cases not provided for in this law, shall apply the Electoral Code and the applicable common law.
Adequacy of politicians article 86.-the parties political parties registered in the registry of political parties, leading the Supreme Electoral Tribunal, have a period of eighteen months from the entry into force of this law, to retool its statutes and partisan institutions and issue necessary regulations according to the provisions of the same.
Regulations Article 87-empower the Supreme Electoral Tribunal to within ten months of calendar, counted from the entry into force of this Act, issue regulations deemed relevant for the application of this law, within the scope provided for in it.
Article 88-TRANSIENT. The second paragraph of article 37 of this law, as a positive measure of temporary character, is valid only for the next five elections of Deputies and deputies to the Legislative Assembly, and four elections of the Central American Parliament, from the entry into force of this law.
Repealing article 89.-repeal of articles 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 and 294 of the Electoral Code.
Entry into force article 90.-the present Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, fourteen 40 of February two thousand thirteen days of the month.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, the twenty-sixth day of February in the year two thousand thirteen.
Publish, Carlos Mauricio Funes Cartagena, President of the Republic.
Gregory Ernesto Zelayandia Cisneros, Minister of the Interior.
D. OR. No. 40 vol. No. 398 date: February 27, 2013 RM/geg 03-03-2013 41 reforms: (1) D.L. N ° 811, on September 25, 2014; D.O. N ° 197, T. 405, ON OCTOBER 23, 2014.
(2) D.L. N ° 843, OCTOBER 31, 2014; D.O. N ° 219, T. 405, ON NOVEMBER 24, 2014.
(3) D.L. N ° 928, 21 JANUARY 2015; D.O. N ° 23, T. 406, 4 FEBRUARY 2015.
(4) D.L. No. 159, October 29, 2015; D.O. No. 224, T. 409, 4 December 2015.
UNCONSTITUTIONAL: * the Constitutional Division of the Supreme Court of Justice, through ruling No. 43-2013, published in the D. O. No. 160, T. 404, September 1, 2014 the ARTS declares unconstitutional. 24 LETTERS F AND H, 37 INC. 1 ° TO CHAPTER IV OF TITLE VI "HERITAGE AND FINANCING OF POLITICAL PARTIES", BY OMISSION ALLEGED BY THE PLAINTIFFS BECAUSE THE LEGISLATURE HAS DELAYED THE IMPLEMENTATION OF THE CONSTITUTIONAL MANDATE CONTAINED, ON THE ONE HAND, IN THE ARTS. 2 INC. 1ST SENTENCE 2ND AND 6 CN. AND, ON THE OTHER, IN THE ARTS. 72. ORD. 3 ° AND 79 INC. 3° CN., ALL THEM RELATED ARTICLE 85 INC. 2ND SENTENCE 2ND CN., AND BY NOT HAVING ISSUED A LAW OR NOT HAVING THE RELEVANT REFORMS THROUGH THE CUA THEM IS COMPLIANCE MANDATES DERIVED FROM THE RIGHT OF ACCESS TO INFORMATION AND THE PRINCIPLES OF TRANSPARENCY AND INTERNAL DEMOCRACY OF POLITICAL PARTIES. It to rt. 24 literal "f". It was later refurbished by the D.L. 843/14, the A rt. 37. He was replaced fully by D.L 928/15.
30/09/14 JQ JQ 17/11/14 22/12/14 FN FN 22/12/14 SP 26/02/15 SV 08/01/16 LEGISLATIVE INDEX