Libro Dos · Título Dos Capítulo Cinco. Inscripción de los partidos políticos

After having complied with the formalities and requirements indicated in Chapter Four, of Book Two of this law, the formation of the political party may be proceeded with, by means of a public deed which shall contain the following requirements:

a)Personal appearance of all the members of the provisional board of directors of the committee, indicating the personal identification document number of each of them;

b)The data relating to the registration, in the Register of Citizens, of the committee for the formation of the party;

c)Ratification of the declaration of principles that shall govern the political party;

“d) Sworn statement executed by the appearing parties in which it is stated that the party has the number of affiliates and the party organization required in the present Law, except with respect to the registration of the permanent organs in the Register of Citizens.”

e)Name and emblem or symbol of the party;

f)Statutes of the party;

g)Composition of the Provisional National Executive Committee, with the members of the provisional board of directors of the committee, determining the positions they shall hold. In the aforementioned deed it shall be stated that the respective officers have taken office;

h)Designation of the place where the party shall have its seat; and,

i)Liquidation procedure as well as express mention of the destination of the property of the party in case of dissolution and liquidation.”

Republic on 25-05-2016.

The deed of incorporation of a party may be modified, before the party is registered, with the appearance of the majority of the members of the Provisional National Executive Committee.

The statutes of the party must contain, at least:

a)Name and description of the emblem or distinctive symbol of the party and ideological principles governing it.

b)Procedure for affiliation and rights and obligations of its members.

c)Organs of the party, manner of integrating them, attributions, powers and functions. In addition to those mentioned in Article 24 of this law, every political party must have a collegiate body for financial oversight and a tribunal of honor.

d)Legal representation.

e)Formalities of the minutes of the collegiate organs of the party and the responsibilities thereof for the management of their books authorized by the Registry.

f)Manner of establishing dues and other contributions in favor of the party.

g)Sanctions applicable to members.

h)Date on which the National Assembly, the Departmental Assemblies and the Municipal Assemblies must be held.

i)The philosophy constituting the ideological foundation contained in numeral 2) of literal c) of Article 52 of this Law;

j)Acceptance of ideological and political pluralism in the political party system;

k)Precise regulation of internal democracy in the parties;

l)Acceptance of majority decisions and minority opinions;

m)Acceptance of proportional representation of minorities in the party leadership organs;

n)Admission of political currents within the parties; and,

ñ)Strict sanctions for conduct of affiliates contrary to human rights declarations and international conventions and treaties on such matter ratified by the State of Guatemala.

2016 of the Congress of the Republic on 25-05-2016.

The name and the emblem or symbol of the party must be distinct from those corresponding to and used by the other political parties registered or in the process of formation.

The registration of a committee for the formation of a political party gives it a right of priority to the name, emblem or symbol adopted by said committee.

The use of the symbolic bird (the Quetzal), the national flag and the national coat of arms is prohibited.

The registration of the political party must be requested from the Register of Citizens, in writing, before the expiry of the time limit indicated in Article 58 of this law. The following must accompany said request:

a)Certified copy of the constitutive deed with duplicate.

b)List of the members of the provisional National Executive Committee.

c)Copy of the decisions ordering the registration of the first Departmental and Municipal Assemblies, of the Executive Committees elected therein, and of the delegates elected for the first National Assembly. The minimum party organization may be proved with records of Municipal and Departmental Assemblies held at any time before the registration of the political party. The Departmental and Municipal Executive Committees elected in the Assemblies referred to in this subsection, once the political party is registered, acquire permanent character for the entire period fixed by law.

Upon receipt of the application, a decision shall be issued within the time limit of eight days, ordering its publication, if it meets the legal requirements.

Otherwise, within the same time limit, a reasoned decision shall be issued, detailing the defects, both of the application and of the documentation. This decision shall be appealable.

For the purposes of the publication ordered in the preceding article, the Director of the Register of Citizens shall issue an edict containing a summary of the constitutive deed of the party and the list of members of its permanent organs, all with the number of their personal identification document.

The publication shall be made in the Official Gazette, on its own initiative and free of charge.

A registered political party or committee for the formation of a political party may file opposition to the registration of a party if it considers itself directly affected in the rights conferred on it by this law or the Political Constitution of the Republic. The opposition must be raised in writing within the time limit of eight days, counted from the publication referred to in the preceding article, and the signatory must establish his identity by legal means and accredit his legal standing.

The opposition memorial must be submitted with signature legalized by a notary and clearly identify the defect or flaw affecting the documentation and the legal provisions violated, and must have appended thereto all pertinent evidence. The memorial and the accompanying documentary evidence must be submitted in duplicate. With respect to the oppositions filed, the Registry shall grant a hearing for a time limit of fifteen days to the legal representative of the political party whose registration is challenged.

In answering an opposition raised against its registration, the party shall attach the documentary evidence in its possession and set forth the legal grounds it deems appropriate.

In addition, if the opposition is based on defects or flaws in the documentation submitted, the party may attach to its answer the documentation that modifies, expands, clarifies or corrects the defects or flaws identified.

Once the time limit for the hearing has expired, with its answer or without it, the Director of the Register of Citizens shall issue the respective decision within a time limit of eight days. This decision is appealable.

Once the decision declaring the opposition to be well-founded becomes final, a time limit of sixty days shall be granted to the challenged party to cure or amend the errors identified.

If the opposition is declared unfounded, the Director shall continue the procedure, and must issue the certifications of the case at the expense of the interested party.

Against the final decision established in the preceding article, an appeal shall lie, which shall be heard by the Supreme Electoral Tribunal, pursuant to Article 190 of this law.

Once the final decision declaring the registration of a political party to be admissible is final, the case file shall be sent to the Department of Political Organizations for due compliance.

Once the registrations have been made by the Department of Political Organizations, the Registry shall cause to be published, on its own initiative in the Official Gazette, which shall do so free of charge, a notice that said political party has been registered.

The provisional National Executive Committee shall convene the first National Assembly within the three months following the date of the registration of the party. Said Assembly shall be held within the two months following the convocation. The Assembly shall:

a)Ratify the declaration of principles of the party contained in its constitutive deed.

b)Approve or amend the statutes of the party.

c)Consider the report of the provisional National Executive Committee.

d)Elect the first National Executive Committee.

e)Consider the other matters within its jurisdiction that are included in the agenda. If the first National Assembly is not held within the time fixed by this article or if no decision is adopted therein on the points mentioned in subparagraphs a), b), c) and d) of this article, the party shall remain suspended until it corrects such omissions and submits to the Register a certified copy of the record before the expiry of the maximum time limit mentioned in Article 92 and without prejudice to the other sanctions that may apply.