Libro Dos · Título Dos Capítulo Tres. Órganos de los Partidos Políticos

Every political party must have at least the following bodies:

a)National bodies:

1.National Assembly

2.National Executive Committee

3.Financial Oversight Body

4.Tribunal of Honor.

b)Departmental bodies:

1.Departmental Assembly

2.Departmental Executive Committee.

c)Municipal bodies:

1.Municipal Assembly

2.Municipal Executive Committee.

It may have, in accordance with its statutes, other consultation, execution and oversight bodies.

The bodies established in subparagraph a), numerals 2, 3 and 4, shall be elected in the National Assembly.

Each secretary of the national, departmental and municipal executive committees shall be jointly and severally liable with each secretary of finance for the sworn statement on the sources of income and for the management of the public and private financing received by the political organization, in its jurisdiction.

Those liable shall submit quarterly to the financial oversight body, under oath, detailed reports of income and expenditures, as well as a certified copy of the bank account statements. If anomalies are found, the Financial Oversight Body shall forward to the National Executive Committee the respective report so that the latter may proceed to undertake the pertinent actions.

All sworn statements and bank accounts related to the political party shall bear the joint signatures, as established in the first paragraph of this article.

05-2016.

The National Assembly is the body of highest hierarchy of the party and is composed of two delegates with voice and vote from each of the municipalities of the country where the entity has a party organization in effect, who shall be elected by the respective Municipal Assembly for each National Assembly that convenes. Said delegates must be affiliated members of the same Municipal Assembly. No delegates to a National Assembly may be designated without the respective convocation having previously been made. The accreditation of the delegates shall be carried out by the Municipal Records Secretaries of the corresponding organizations or by whoever acted as Secretary in the respective Municipal Assembly.

Except as provided in Article 76, the Assembly shall mandatorily meet every two years, upon prior convocation.

The powers of the National Assembly are:

a)To consider the report submitted to it by the National Executive Committee at each of its meetings and to approve or disapprove it.

b)To set the general political line of the party in accordance with its statutes and its declaration of principles, and to indicate the measures to be taken to develop it.

c)Taking into account the opinion of the party's financial oversight body, to approve or disapprove the financial report submitted by the National Executive Committee.

d)To elect, at its corresponding meeting, the members of the National Executive Committee and of the other national organs, as established by the law and the statutes.

e)To elect and proclaim the party's candidates for the Presidency and Vice-Presidency of the Republic.

f)To agree to the amendment of the constitutive deed or the statutes of the party.

g)To consider, approve or disapprove the coalition and merger agreements of the party.

h)To elect and proclaim the candidates for deputy in those districts where there is no party organization in force, and to elect and proclaim the candidates for deputy on the national list and to the Central American Parliament.

i)For the election of the executive committee and other national organs, as well as for the election and proclamation of candidates for popularly elected offices, the assembly may agree that such elections be carried out through direct elections upon convocation of all affiliates, in which case the procedure shall be as established by the regulations to this law and the provisions contained in the statutes or approved by the assembly itself; and,

j)To decide on any other matters and questions submitted to its consideration.

The formation and functioning of the national assemblies shall be governed by the following rules:

a)Convocation. The convocation to a meeting of the National Assembly shall be made by the National Executive Committee, by decision taken by said body on its own initiative or at the request of at least half plus one of the departmental executive committees in which the party has party organization in force. The convocation shall be made in writing, must be addressed to all municipal executive committees and delivered to them at least thirty days in advance and published in a newspaper of major circulation. To amend the statutes or the constitutive deed, express mention must be made in the convocation;

b)Credentials. The credentials of the municipal delegates shall be issued by the Secretary of Records of the Municipal Executive Committee or, failing that, by whoever acted as secretary in the respective Municipal Assembly;

c)Quorum. For the National Assembly to be installed and to take decisions, more than half of the municipal party organizations in force must accredit at least one delegate;

d)Vote. Each delegate, duly accredited, shall have the right to one vote;

e)Majorities. Decisions shall be taken by the majorities established by the statutes, which may not be less than the absolute majority of the delegates registered and accredited in the National Assembly. However, to take the decisions indicated in subparagraphs e), f) and g) of article 26 of this law, the vote of at least sixty percent (60%) of the delegates registered and accredited in the assembly shall be required;

f)Representations. No representations shall be accepted. Delegates must attend the assembly personally and exercise therein, also personally, the rights conferred on them by this article;

g)Presidency. The national assemblies shall be presided over by whomever the statutes of the party provide. Members of the National Executive Committee may attend the assemblies and participate therein with voice and vote;

h)Records. The Secretary of Records of the National Executive Committee, or whoever acts in their stead, shall serve as Secretary of the National Assembly, whose records must be signed by those who acted therein as President and Secretary, and by the members of the National Executive Committee and the Municipal Delegates who wish to do so. The Secretary of Records of the National Executive Committee, or whomever the National Assembly elects in their stead, must send to the Register of Citizens, within the fifteen working days following the date of holding of each national assembly, a certified copy of the corresponding record. The record of the National Assembly, in the absence of the book of records authorized by the Register of Citizens, may be authorized by a Notary. In this case, a delegate of the Register of Citizens must attend the Assembly, who shall sign the record and to whom a copy thereof must be delivered. The notarial record must be transcribed in the book of records as soon as it is replaced.

To be fully valid, the Assembly must be held at the same place and on the same date stated in the convocation;

i)Binding nature of the decisions. The decisions taken by the National Assembly are binding on the party, its organs and affiliates;

j)Remedies. The decisions of the National Assembly may be challenged in accordance with the provisions of this law and may only be subject to an action for constitutional relief (amparo) in the cases and for the effects indicated by the law on the matter; and,

k)Once the time limit within which the National Assembly should have been held has elapsed without it having been held, the majority of the Departmental Executive Committees in which the party has party organization in force may resort to the Register of Citizens, exceptionally, for the sole purpose that the latter order the National Executive Committee of the party to issue the corresponding convocation and that it be held within the time limit of ninety days, under warning of applying the sanctions provided in accordance with the law.

The election of the National Secretary General and other members of the National Executive Committee shall be held by slates headed by the candidates for Secretary General and Deputy Secretaries General, in which no fewer than three alternates shall be included. The system of proportional representation of minorities established in Article 203 of this Law shall mandatorily apply, after awarding the offices of Secretary General and Deputy Secretaries General to the winning slate.

25-05-2016.

In addition to the functions detailed in this law, the National Executive Committee shall be responsible for:

a)To supervise the functioning of the Departmental and Municipal Executive Committees, and to organize and direct the activities of the party in a manner consistent with the statutes and the guidelines approved by the National Assembly.

b)To convene the National Assembly mandatorily every two years and extraordinarily when so ordered by the National Executive Committee or the legally constituted Departmental Executive Committees.

c)To convene Departmental and Municipal Assemblies, preparing the draft agenda for the meetings, which must be previously made known to the respective Departmental or Municipal Secretary General, and to supervise the conduct of such Assemblies.

d)To designate the party's candidates for popularly elected offices in those municipalities where the party does not have an organization in force.

e)To designate the party's overseers (fiscales) and other representatives or delegates before the Supreme Electoral Tribunal.

f)To designate the Credentials Qualification Commission for the municipal delegates before the National Assembly.

g)To create the bodies necessary for the better functioning of the party, the development of its purposes and principles, as well as to designate their members.

h)To appoint and remove the officers and other administrative personnel of the party; and,

i)Any other powers assigned to it by the party statutes.

The sessions of the National Executive Committee shall be governed by the following rules:

a)Call. If the committee has established by decision known to all its members, date, time and place for holding its ordinary meetings, no call shall be necessary therefor.

In the absence of a decision and for the holding of extraordinary meetings, a written call by the Secretary General or by three members of the committee shall be necessary, which must be delivered to each of the members of the committee with due advance notice; it may also be made by telegram or other means, with acknowledgment of receipt, to the address that they must have registered. If all the members of the committee are present and agree to hold a session, it shall be held validly without need for a call.

b)Quorum. To hold a session, the presence of the majority of the members of the Executive Committee shall be required.

c)Majorities. Decisions shall be taken by majority of the members present. Each of them shall have one vote, and in case of a tie, the Secretary General shall have a double vote.

d)Presidency. The Secretary General of the party shall preside over the sessions of the committee. In his absence, the Deputy Secretaries General shall act in their order; and in the absence of these, whoever substitutes for him in accordance with the statutes of the party.

e)Records. The Secretary of Records shall draw up a record of each session of the Committee, which shall be entered in the corresponding book and must be signed by the Secretary General, by the Secretary of Records and by the other members of the committee who wish to do so; and,

f)Alternates. In case of absolute or temporary absence of any of the members of the National Executive Committee, with the exception of the Secretary General, the corresponding alternate shall be called in their order of election.

The National Executive Committee is the permanent directing body of the party; it has the responsibility to execute the resolutions adopted by the National Assembly and to direct the party's activities throughout the Republic. It shall be composed of a minimum of fifteen members and a maximum of twenty-one titular members and a minimum of three alternates, elected by the National Assembly for a period of three years. The number of members of the Committee shall be odd.

In addition to the Secretary General and up to a maximum of four Deputy Secretaries General, the Executive Committee shall have a Secretary of minutes or simply Secretary, an office that shall be held by a member of the Executive Committee, elected at the first session it holds.

The party statutes may provide that the members of the Executive Committee hold other offices or that different specific functions for directing the party's activities be distributed among them.

Republic on 25-05-2016.

The Secretary General has the legal representation of the party, serving in office for three years, unless elected by the National Assembly for a shorter period; they may be reelected for one further period; and they may again seek the office provided that an intervening period elapses. In any case, their liability shall extend until the date on which they formally deliver the office to the person who according to the law must replace them. In case of temporary or definitive absence, the vacancy shall be filled by a deputy secretary general, according to the order of election.

The holding of the office of National Secretary General is incompatible with the holding of public office or employment or the provision of professional services in the Executive Branch, in the case of the party that forms the government. This incompatibility extends to the national secretaries general of the parties that have competed in coalition.

The Secretary General is obligated to comply with the provisions and resolutions of the Executive Committee and if they refuse, any member thereof may enforce them before the authorities, with certification of the record of the session in which the provision or resolution was adopted.

Number 26-2016 of the Congress of the Republic of 25-05-2016.

In addition to those assigned to it by this law and the statutes, the Secretary General has the following powers:

a)To preside over the sessions of the National Executive Committee.

b)To exercise the legal representation of the party, in court and out of court, and in all acts and contracts pertaining to its ordinary administration. The statutes shall determine the cases in which, in order to exercise such representation, authorization from the National Executive Committee is required.

c)To execute and cause to be executed the decisions of the National Assembly or of the National Executive Committee.

d)To serve as the means of communication between the national leadership of the party and the departmental and municipal bodies.

e)To participate with voice and vote in the meetings of the consultative and executive bodies, as an ex officio member thereof.

f)To appoint the party's agents before the departmental electoral boards.

The statutes may authorize the Secretary General to delegate in writing the legal representation of the party to other members of the National Executive Committee for specific matters; and,

g)To notify the Registry of Citizens, through the Department of Political Organizations, of the change of address of its central offices.

In case of temporary or permanent absence of the Secretary General, the functions and powers of the Secretary General shall be assumed by the Deputy Secretaries General in their order, and failing that, by those designated by the National Executive Committee.

“To exercise the legal representation of the party, the representative must first be registered with the Department of Political Organizations of the Register of Citizens.”

The Departmental Assembly is composed of up to two delegates, with voice and vote, for each municipality of the department where the party has a valid party organization, who shall be elected by the Municipal Assembly for each Departmental Assembly that meets upon prior convocation. The Departmental Assembly must meet obligatorily once a year. In addition, departmental assemblies of an optional character may be held, when convened for that purpose in accordance with its statutes. The municipal organization that has lost its validity for failure to comply with the requirements established by law shall not be taken into consideration for the calculation of the quorum in the National and Departmental Assembly for which it has been convened.

The powers of the Departmental Assembly are:

a)To adopt such measures as are necessary to implement, in the department, the decisions of the National Assembly and of the National Executive Committee.

b)To elect the members of the respective Departmental Executive Committee, for which the rules of Article 28 of this law shall apply.

c)To elect the party's candidates for deputies for the respective department.

d)To request the National Executive Committee to convene the National Assembly, in accordance with subsection a) of Article 27 of this law.

e)To coordinate the activities of the party organs operating in the department; and,

f)Any others assigned to it by this law and the statutes.

The establishment and functioning of the Departmental Assemblies are governed by the following rules:

a)Call. The call to a Departmental Assembly shall be made by the Departmental Executive Committee by resolution adopted by said body, on its own initiative or at the request of the majority of the Municipal Executive Committees of the department. The National Executive Committee may also call the Departmental Assembly. Whoever issues the call shall publicize it through the means of communication at its disposal, indicating the place, date and time at which the Assembly will be held, so that it comes to the knowledge of the affiliates of the department. In addition, the delegates and subdelegates of the Register of Citizens shall post the call on the notice boards of their offices and at the party offices, at least eight days prior to the holding of the Assembly.

b)Credentials. The credentials of the municipal delegates shall be issued by the Minutes Secretary of the Municipal Executive Committee, or by the person designated by the respective Municipal Assembly for that purpose.

c)Quorum. For the Departmental Assembly to be installed and to adopt resolutions, it is required that more than half of the municipalities where the party has organization in force accredit at least one delegate.

d)Majorities. Except for other special provisions provided in this law or in the statutes, resolutions shall be adopted by absolute majority of the delegates registered and accredited in the Departmental Assembly.

e)Suppletory Application. In all matters not expressly regulated in the preceding subparagraphs, the provisions contained in Article 27 of this law shall apply suppletorily to the Departmental Assemblies.

The Departmental Executive Committee is a permanent organ of each party; it is in charge of directing the activities thereof and executing the decisions adopted by the National Assembly, by the National Executive Committee or by the Departmental Assembly. It is composed of a minimum of nine and a maximum of thirteen titular members, elected by the Departmental Assembly which, in addition, shall elect three alternate members to serve in the absence of the titular members. The Departmental Executive Committee shall remain in its functions for two years.

For the election of the members of the Departmental Executive Committee, the rules of Article 28 of this law shall apply.

The Departmental Executive Committee shall be responsible for:

a)Supervising the functioning of the municipal executive committees and ensuring that they carry out their work in accordance with the party's guidelines;

b)Organizing and directing the party's activities in the department;

c)Convening departmental and municipal assemblies, preparing the draft agenda for the meetings and supervising the conduct thereof;

d)Verifying the credentials of the municipal delegates to the Departmental Assembly;

e)Organizing such commissions as are necessary for the better functioning of the respective party organization and the development of the principles and purposes of the party in the department, and appointing their members;

f)Keeping the National Executive Committee informed of its activities;

g)Ensuring the growth and strengthening of the party organization in all the municipalities of its department;

h)Such other functions as are specified in this Law and in the bylaws.

The sessions of the Departmental Executive Committee shall be governed by the provisions of this law relating to the National Executive Committee.

For the election of the Secretary General and other members of the Departmental Executive Committee, proceedings shall be conducted in accordance with the provisions of Article 28 of this law. In any case, there shall be a departmental Secretary General, an Adjunct Departmental Secretary General and a Departmental Records Secretary.

The members of the Departmental Executive Committee shall perform specific functions, in accordance with the statutes and the resolutions of the National Assembly.

The Departmental General Secretary has the representation of the party in his or her constituency, for the execution of the decisions of the national or departmental party organs. He or she shall hold office for three years; he or she may be reelected for one further period; and he or she may again seek office provided that an intervening period elapses. His or her absence shall always be substituted by the Deputy Departmental General Secretary.

The Departmental General Secretary is obligated to comply with the provisions and agreements of the Departmental Executive Committee, and if he or she refuses, any member thereof may enforce it before the authorities with certification of the record of the session in which the provision, decision or agreement was adopted.

25-05-2016.

The Departmental Secretary General shall have the powers indicated in subsections a), c), d) and e) of Article 33 of this Law in his or her constituency and the designation of the party's agents before the municipal electoral boards and vote-receiving boards.

Regulation of Departmental Assemblies and Departmental Executive Committees.

In matters not expressly regulated, the rules governing the National Assembly and the National Executive Committee shall be applicable to the Departmental Assemblies and the Departmental Executive Committees.

The Municipal Assembly is composed of all affiliates of the party who are listed in the affiliation sheets vetted by the Registry of Citizens and who are residents of the respective municipality.

The Municipal Assembly shall meet mandatorily each year, and optionally when convened in accordance with the statutes.

For the election of the Municipal Executive Committee, the provisions of Article 28 of this law shall apply supplementarily.

The powers of the Municipal Assembly are:

a)To adopt such measures as are necessary to implement, within the municipality, the decisions of the national and departmental party organs.

b)To elect, at its mandatory meeting prior to the National Assembly, the members of the Municipal Executive Committee, who shall hold office for two years and may be reelected.

c)To elect the candidates to be nominated by the party for the municipality's popularly elected offices.

d)To request from the Departmental Executive Committee the convening of the Departmental Assembly.

e)To elect two principal delegates and two alternates for each National and Departmental Assembly for which it is convened; and,

f)Such other powers as are assigned to it by this law and the bylaws.

The establishment and functioning of the Municipal Assemblies shall be governed by the following rules:

a)Call. The call to a Municipal Assembly shall be made by the Municipal Executive Committee, by virtue of a decision adopted on its own initiative or at the request of at least one-third of the affiliates comprising said Assembly. The corresponding National or Departmental Executive Committee may also call the Municipal Assembly;

b)Publicity. The Municipal Executive Committee shall give publicity, through the means of communication within its reach, to the call for the holding of a Municipal Assembly, indicating the place, date and time at which it will be held, so that it comes to the knowledge of all affiliates of the municipality. In addition, the call shall be posted on the notice boards of the jurisdictional Citizens' Register office and at the party headquarters, at least eight days prior to the holding of the Assembly;

c)Quorum. For the Municipal Assembly to be installed and to adopt decisions, the presence of more than half of the affiliate members thereof is required. If at the place, day and time indicated the necessary number of affiliates has not gathered, one hour shall be waited, and thereafter the Assembly shall be installed with the affiliates who have attended, provided they are at least ten percent (10%) of the affiliates of the Municipality and are not fewer than fifteen affiliates if said percentage yields a smaller figure;

d)Majorities. Except for other special provisions provided for in this law or in the bylaws, decisions shall be taken by absolute majority of the affiliates participating in the Municipal Assembly; and,

e)Suppletory application. In all matters not expressly regulated by the preceding paragraphs, the rules contained in Article 37 of this law shall apply suppletorily to the Municipal Assemblies.

For a party organization in force to exist, the following is required as a minimum:

a)In the Municipality. That the party have at minimum forty affiliated members who are residents of that municipality; and that the Municipal Executive Committee has been elected in a Municipal Assembly;

b)In the Department. That the party have party organization at minimum in four municipalities of the department and that the Departmental Executive Committee has been elected in a Departmental Assembly;

c)National. That the party have party organization at minimum in fifty municipalities and, at least, in twelve departments of the Republic; and that the National Executive Committee has been elected in a National Assembly.

The parties are under the obligation to communicate to the Register of Citizens the composition of their permanent organs.

Integration and Functions of the Municipal Executive Committee

Municipal. The Municipal Executive Committee is a permanent organ of each party; it is in charge of directing its activities and executing the decisions adopted by the National Assembly, by the National Executive Committee, by the Departmental Assembly, by the Departmental Executive Committee and by the Municipal Assembly.

It is composed of a minimum of nine and a maximum of thirteen titular members, elected by the Municipal Assembly, which shall also elect three alternate members to serve in the absence of the titular members.

Among the members of the Municipal Executive Committee, a General Secretary, an Adjunct General Secretary and a Secretary of Records shall be elected, at a minimum. The Municipal Assembly shall designate the offices of the remaining members of the Municipal Executive Committee; the functions of said committee and of its members shall be those established by the bylaws. The election of the Municipal Executive Committee shall be carried out as established in Article 28 of this law.

The Municipal General Secretary has the representation of the party in its constituency, for the execution of the decisions of the national, departmental and municipal party organs.

“The Municipal Executive Committee shall remain in its functions for three years, may be reelected for one further period; and may again seek office provided that an intervening period elapses. In any case, its responsibility shall extend until the date on which they formally deliver their office to the persons who according to the law must replace them.”

of the Republic on 25-05-2016.