Libro Dos · Título Dos Capítulo Ocho. Sanciones

The Supreme Electoral Tribunal shall impose sanctions on political organizations and candidates for violation of the rules of this Law and those governing their creation and operation. Depending on the seriousness of the violation and the jurisdiction, whether national, departmental or municipal as applicable, without any order of precedence, it shall impose the following sanctions:

a)Public or private admonition;

b)Fine;

c)Temporary suspension;

d)Suspension of the power to receive public or private political financing in case of contravention of the rules regulating the financing and oversight of political organizations;

e)Cancellation of the party;

f)Any others contemplated in this Law.

The aforementioned sanctions may be imposed on political organizations, their affiliates and the candidates participating in the election. In the event that the violation constitutes the possible commission of a crime, the pertinent matter shall be certified to the Public Prosecutor's Office.

Individual or juridical persons making financial or in-kind contributions in contravention of the provisions of this Law or violating electoral regulations remain subject to the provisions of the Criminal Code, as applicable.

In addition, the sanctions referred to in this article shall be applicable when cultural heritage, natural resources and the environment, the property of the State referred to in Article 121 of the Political Constitution of the Republic, as well as Article 223 of this Law, are damaged or used, before, during and after the electoral campaign."

25-05-2016.

Private or public admonition shall apply where a political party fails to comply with or disobeys any written decision or provision of the Supreme Electoral Tribunal. The admonition shall be made in writing, explaining the grounds justifying it.

A fine shall be imposed on the political party that:

a)Fails to submit to the Register of Citizens within the time limit of thirty days, for its registration, a certified copy of the record of every national, departmental or municipal assembly;

b)Fails to comply with any decision or written provision of the Supreme Electoral Tribunal, after having been admonished;

c)Fails to submit in time the documentation necessary to register the merger to which it is a party. All political parties participating in the merger shall be jointly and severally liable for the fine imposed by reason of this subsection;

d)Fails to submit for its registration, within the thirty working days following the date of the respective public deed, any amendment to its constitutive deed;

e)Draws up a record in a form not established in this Law, which in any case are null;

f)Fails to inform the Register of Citizens of the change of address of the central offices of the party agreed by the National Executive Committee, within the thirty days following the date on which the change is made;

g)Fails to comply with the obligations relating to financing rules or exceeds the maximum limits of expenditure on electoral propaganda established by the Supreme Electoral Tribunal;

h)Fails to comply with the limits and procedures of private financing established by this Law and its regulations;

i)Fails to comply with the requirements of the Inspector General of the Supreme Electoral Tribunal, in accordance with the provisions of this Law and its regulations;

j)Fails to comply with the provisions on transparency, publicity of accounting records, or restricts access to information that must be public;

k)Fails to comply with the provisions governing the holding of party assemblies;

l)Fails to comply with the procedure for contracting social communication media;

m)Disseminates electoral propaganda by any means of communication, containing expressions that contravene ordinary legislation, or that attack political organizations, their candidates and their members. The fine shall be imposed for each billboard, for written communication medium and for air time and communication medium;

n)Incurs the prohibitions contained in Article 223 of this Law;

ñ)Carries out electoral propaganda outside the temporal limits or in contravention of the provisions of this Law.

The amount of the imposable fines shall be contemplated between the equivalent in national currency, of five hundred (US$500.00) to two hundred fifty thousand (US$250,000.00) United States Dollars, in accordance with the following parameters:

a)For the cases contained in subparagraphs a), c), d), e), and f) of this article, the amount of the imposable fine shall be contemplated between the equivalent in national currency, of five hundred Dollars (US$500.00) to five thousand Dollars (US$5,000.00) United States Dollars, depending on the seriousness of the act.

b)For the cases contained in subparagraphs b), i), k) of this article, the amount of the imposable fine shall be contemplated between the equivalent in national currency, of five thousand one Dollars (US$5,001.00) to fifty thousand Dollars (US$50,000.00) United States Dollars, depending on the seriousness of the act.

c)For the cases contained in subparagraphs g), h), j), l), m), n), and ñ) of this article, the amount of the imposable fine shall be contemplated between the equivalent in national currency, of fifty thousand one Dollars (US$50,001.00) to two hundred fifty thousand Dollars (US$250,000.00) United States Dollars, depending on the seriousness of the act.

The fines may be challenged by means of the remedies at law. Once the decision imposing the fine is final, it must be paid to the Supreme Electoral Tribunal, within the thirty subsequent days; otherwise, the insolvent political party may not carry out any procedure before the Supreme Electoral Tribunal or its dependencies.

Individual or legal persons who contravene the provisions of this Law shall be fined. The electoral authority shall determine the amount of the fine within the limits established in this article and in accordance with the seriousness of the sanctioned act. Payment of the imposed fine does not exempt compliance with the infringed obligation.

25-05-2016.

The political organization that exceeds the limits of public or private campaign financing or that fails to deliver any of the reports required in accordance with Article 22 of this Law, shall be suspended in its right to receive public or private campaign financing until the termination of the respective electoral process. In the second case, upon delivery of the respective report in the form required by law, the sanction shall be lifted thirty days later.

25-05-2016.

The proceeds from the fines imposed by the Supreme Electoral Tribunal or the Register of Citizens constitute extraordinary income of the former and shall be allocated, as earmarked, to improve or expand its services.

Temporary suspension of a political party shall apply:

a)When at any time the Register of Citizens determines that the number of its affiliates is less than that indicated in subparagraph a) of Article 19 of this law;

b)When the Register of Citizens determines that it lacks the legally required party organization at the national level.

c)If the party has not paid the fines imposed on it pursuant to Article 90 of this law;

d)Those that, one hundred twenty days after the conclusion of the electoral process, fail to deliver:

1.Detailed report of all campaign expenses;

2.Report of all private contributions received during the electoral campaign identifying the contributors, amounts, types of donations, dates on which the contributions were made. This shall attach a copy of the receipts issued and of the bank deposits or accounting invoices supporting the contribution."

Suspension shall last up to a maximum of six months. If within said time limit the party corrects the cause for suspension, it shall be lifted.

During the suspension period, the party may not exercise the rights established in Article 20 of this law, nor participate in any electoral process, since its juridical personality shall subsist solely to carry out the acts necessary to correct the cause for suspension.

A party may not be suspended after the call to an election and until such election has been held.

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

The cancellation of a political party shall proceed:

a)If, by its own action or in agreement with electoral public officials, it causes fraud that changes the true results of the voting or the awarding of offices in an electoral process, in violation of the popular will expressed therein, without prejudice to the criminal liabilities corresponding to the persons involved.

b)If in the elections for President and Vice President of the Republic or in the National List for offices of deputies to the Congress of the Republic, it has not obtained at least five percent (5%) of the valid votes cast therein, except when it has achieved representation before the Congress of the Republic. If the party has participated in such elections as part of a coalition, the determination of the percentage of votes shall proceed in the manner indicated in Article 86 of this Law;

c)If, upon expiration of the six-month time limit indicated in Article 92 of this Law, the sanctioned political party has not submitted to the Register of Citizens conclusive evidence that the grounds for suspension mentioned in said article have been corrected.

d)If the political parties do not nominate candidates for the Presidency and Vice Presidency of the Republic; or do not nominate candidates for deputy in more than half of the total number of electoral districts, except when it has achieved representation before the Congress of the Republic;

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

The Register of Citizens may declare the suspension or cancellation of a political party.

Prior to deciding, the Register of Citizens shall grant a hearing to the affected party for a time limit of thirty days concerning the facts constituting the ground for suspension or cancellation.

Upon responding to the hearing, the party may offer corresponding exculpatory evidence. If requested, the Register of Citizens shall open the proceedings to evidence for a time limit of thirty days so that the offered elements of conviction may be received, in accordance with the rules of the Code of Civil and Commercial Procedure.

Upon expiration of the time limit for the hearing or the evidence period, the Register of Citizens shall decide as appropriate within ten days.

No person who campaigns in an individual capacity for offices of popular election by publicizing their image in the different social communications media before the official convocation of elections shall be registered as a candidate, without prejudice to the sanctions that apply against the political organization, the associations and foundations that promote such person. Prior to the sanction, the procedure established in the regulation must be exhausted.

2016.

Once the decision that orders the cancellation of a political party is final, the Register of Citizens shall proceed to make the corresponding annotations in all its registrations. The name and symbol or emblem of the cancelled party may not be used or registered by any political organization before ten years.

The decision that orders the suspension or the cancellation of a political party must be published in the official gazette and in two other newspapers of circulation, within a time limit of fifteen days.

All sanctions imposed on political parties shall be annotated in their respective registration.