Libro Tres Título Dos. Órganos electorales

The electoral bodies are:

a)The Register of Citizens;

b)The departmental electoral boards;

c)The municipal electoral boards;

d)The vote-receiving boards.

The members of the electoral boards and vote-receiving boards, within the temporal order of their functions, have the character of public officials, with own determination and subject to all the responsibilities that the law determines for them.

* Articles 152 and 153 unified by Article 33 of Decree Number 74-87 of the Congress of the Republic on 27-11-1987.

Administratively, the Register of Citizens comprises:

a)The General Directorate of the Register, with seat in the capital city;

b)A delegation, with seat in each of the departmental capitals;

c)A subdelegation, in each of the municipal capitals; and

d)The offices and agencies authorized by the Supreme Electoral Tribunal, for the better fulfillment of the functions of the Register of Citizens.

The General Directorate shall exercise its jurisdiction throughout the Republic and the delegations and subdelegations, in their respective territories.

The Register of Citizens is a technical body of the Supreme Electoral Tribunal. It is in charge of the following functions:

a)Everything related to the registrations of citizens;

b)Everything related to the electoral roll;

c)To comply with the judicial decisions and judgments communicated to it in relation to acts of an electoral nature;

d)To register political organizations and oversee their functioning;

e)To register citizens for popularly elected offices;

f)To hear and decide on the registration, suspension, cancellation and sanctions of political organizations;

g)To notify political parties of the resignations of their affiliates of which it has knowledge in accordance with the provisions of Article 17 of this law; and to keep updated the register of affiliates of political parties; and,

h)Any others assigned to it by laws and regulations or by the Supreme Electoral Tribunal.

Integration of the General Directorate of the Citizens Register. The General Directorate of the Citizens Register is composed of the Director General, the Secretary and the following administrative units:

a)The Department of Registration of Citizens and preparation of electoral rolls.

b)The Department of Political Organizations; and,

c)The Coordinating Unit for Delegations and Subdelegations.

Powers of the Director General of the Register of Citizens. The powers of the Director General of the Register of Citizens are:

a)To direct the activities of the Register.

b)To audit and supervise all matters relating to the registration of citizens.

c)To propose to the Supreme Electoral Tribunal the draft regulations, instructions and other provisions necessary for the due fulfillment of the obligations of the Register.

d)To refer to the Supreme Electoral Tribunal the pertinent consultations and to answer those addressed to him by said tribunal.

e)To swear in, give possession to and impose sanctions on the employees of the Register of Citizens.

f)To prepare the corresponding electoral statistics.

g)To prepare the draft annual budget of the Register of Citizens and submit it for consideration by the Supreme Electoral Tribunal, to be included in the budget of said body.

h)To decide, within his jurisdiction, the requests of political organizations.

i)To participate with the Regular and Alternate Magistrates of the Supreme Electoral Tribunal, as provided by the regulation, in the selection of citizens and their proposal to said tribunal to form the departmental and municipal electoral boards.

j)To keep control of the activities of the dependencies, delegations and subdelegations of the Register; and,

k)Such other powers as are assigned to him by laws, regulations and administrative provisions.

The Director General of the Registry of Citizens shall meet the qualifications and shall have the prerogatives, immunities and prohibitions corresponding to the Magistrates of the Court of Appeals.

Prohibitions for being General Director of the Register of Citizens. The following may not hold the office of General Director of the Register of Citizens:

a)Relatives within the degrees established by law of the presidents of the State bodies, of the Ministers and Secretaries of State, of the Attorney General of the Nation, of the Prosecutor General of the Republic, of the Magistrates of the Supreme Court of Justice and of the Supreme Electoral Tribunal, of the Human Rights Ombudsman and of the Head of the General Comptrollership of Accounts of the Nation.

b)Those who have criminal records and are subject to trial; and,

c)The officers of political organizations and their relatives within the degrees established by law.

It is incumbent upon the Supreme Electoral Tribunal to appoint and remove the Director General of the Register of Citizens. The causes for removal shall be those prescribed for every public official and those determined by this law.

"In the event of temporary absence of the Director of the Register, he shall be substituted on an interim basis by the person designated by the Supreme Electoral Tribunal."

On the qualifications and impediments of the Secretary of the Register of Citizens. The Secretary of the Register of Citizens must be Guatemalan, a citizen in the exercise of his rights, and a lawyer and notary, an active member of the bar. He shall be subject to the same impediments as the Director General.

The Secretary of the Register of Citizens shall be appointed and removed by the Supreme Electoral Tribunal, for the same causes specified for the removal of the Director General of the Register of Citizens.

Of the powers of the Secretary of the Register of Citizens. The powers of the Secretary General of the Register of Citizens are:

a)To formulate, answer and address all matters relating to the records and correspondence of the Register.

b)To provide all collaboration required of him by the public officials of the Supreme Electoral Tribunal, as well as by the agents of the political parties and electoral civic committees.

c)To have under his responsibility the custody, conservation and handling of all files processed under his charge.

d)To countersign all decisions, orders and proceedings of the Director General of the Register of Citizens; and,

e)Any other powers assigned to him by the laws, regulations and administrative provisions.

Of the Department of registration of citizens and

preparation of electoral rolls. The Department of Registration of citizens and Preparation of electoral rolls shall be composed of a chief, a deputy chief and such personnel as may be necessary.

The Department of Registration of Citizens and Preparation of Electoral Rolls shall supervise the functions of the Data Processing Center insofar as they relate to the formation of the register of voters and the preparation of the electoral rolls and shall have, in addition, the following functions:

a)To carry out the registration of citizens in the Central District and the Department of Guatemala, for which it shall provide the necessary facilities for the appearance of the citizens who must register.

b)To supervise the registration of citizens to be carried out in the departmental delegations and subdelegations of the Register of Citizens.

c)To ensure the accuracy and timely preparation of the documents related to elections, in accordance with the regulation and agreements issued by the Supreme Electoral Tribunal.

d)In coordination with the Data Processing Center, to provide the vote-receiving boards and the electoral boards with their respective rolls.

On the composition of the Department of Political Organizations. The Department of Political Organizations is composed of a head and the necessary subordinate personnel. The head of said department must meet the same qualifications and shall have the immunities, prerogatives and prohibitions established by law for the Director General of the Registry of Citizens.

The following are the attributions of the Department of Political Organizations:

a)To supervise and coordinate the functions, in matters within its jurisdiction, of the delegations and subdelegations of the Register of Citizens.

b)To prepare the draft, for its approval by the Supreme Electoral Tribunal, of the paperwork corresponding to the registration of civic committees and of candidates for offices subject to popular election.

c)To authorize the books of records of the permanent organs of political organizations.

d)To keep the registers of registrations, operation, mergers, coalitions and sanctions and cancellation of political organizations, of registration of candidates for offices subject to popular election, of the affiliates of political parties, of the members of their permanent organs, as well as such others as may be necessary; and,

e)Such other functions as are assigned to it by this and other laws, regulations or provisions.

Of the delegations and subdelegations of the Register of Citizens. The Register of Citizens shall have a delegation in each departmental capital and a sub-delegation in each municipal capital.

On the powers of the departmental delegations and municipal subdelegations. The delegations of the Register of Citizens, in the departmental capitals, have the following powers:

a)To take cognizance of matters relating to the registration of candidates and electoral civic committees within their jurisdiction.

b)To supervise and coordinate the electoral proceedings in their municipal jurisdiction and the activities of the municipal subdelegates.

c)To collaborate with the dependencies of the Register of Citizens in the development of its functions.

d)To register and accredit the poll watchers of the political parties and electoral civic committees who will serve before the departmental and municipal electoral boards.

e)To register the records and the permanent organs of the political parties at the departmental and municipal level. The municipal subdelegations shall have the functions assigned to them by the Supreme Electoral Tribunal.

f)To carry out, on a permanent basis, civic education campaigns in their jurisdiction and to execute matters relating to electoral training and dissemination; and,

g)Such others as assigned to them by the Supreme Electoral Tribunal.

On the powers of the municipal subdelegations. The subdelegations of the Register of Citizens have the following powers:

a)To take cognizance of matters relating to the registration of electoral civic committees and of the candidates nominated by them for municipal offices within their jurisdiction.

b)To supervise and coordinate the electoral processes within their municipal jurisdiction.

c)To carry out all activities related to the electoral registration of citizens in their municipality.

d)To carry out permanent civic education campaigns in their jurisdiction and matters related to electoral training and dissemination.

e)To collaborate with the offices of the Register of Citizens in the development of its activities within their municipal jurisdiction; and,

f)Such other powers as assigned to them by the Supreme Electoral Tribunal.

The Departmental Electoral Boards and the Municipal Electoral Boards are temporary bodies in charge of an electoral process in their respective jurisdiction. They shall have their seat in the respective departmental or municipal capital.

The electoral boards referred to in the preceding article shall be composed of three titular members and two alternates appointed by the Supreme Electoral Tribunal, to hold the offices of President, Secretary and Member. The alternate shall be called in case of absence or non-attendance of any titular member.

For the composition of the electoral boards and vote-receiving boards, the sociocultural diversity of the nation and gender shall be taken into account.

The Electoral Boards shall be dissolved upon the Supreme Electoral Tribunal declaring concluded the electoral process for which they were formed.

To be a member of the departmental electoral boards and of the municipal electoral boards, the following is required:

a)To be in the exercise of their rights as a citizen.

b)To reside in the corresponding municipality.

c)To be literate; and,

d)Not to hold any leadership position in political organizations.

The offices of the departmental and municipal electoral boards are compulsory and ad honorem; however, the Supreme Electoral Tribunal may order the granting of per diems and representation expenses for the members thereof.

The members of said boards shall enjoy the immunities corresponding to municipal mayors.

Employers must grant their workers the necessary permits so that they may perform their functions as members of the boards, and must pay them the respective wages for the time they occupy in the exercise of their offices.

Each electoral board shall hold as many sessions as necessary. Its decisions shall be adopted by majority vote of its members and shall be recorded in the corresponding record, which the secretary must countersign.

In the absence of the President, the Vocal shall assume the President's functions.

For both ordinary sessions and extraordinary sessions, the President of the respective Electoral Board shall summon, with due advance notice, the representatives of the political parties and of the electoral civic committees.

The attributions of the Departmental Electoral Boards are:

a)To install the Municipal Electoral Boards and swear in their members;

b)To deliver to the Municipal Electoral Boards the materials and documentation to be used in the electoral process;

"c) To declare the result and the validity of the municipal elections held in the department or, as applicable, the partial or total nullity thereof; to award the respective offices, notifying citizens of the declaration of their election, once the respective decision is final; and to send to the Supreme Electoral Tribunal the documentation relating to the presidential elections, deputies to the Central American Parliament, deputies to the Congress of the Republic, as well as that relating to popular consultations; once the reviews ordered by articles 238 and 239 of this Law have been carried out. The results of the respective decision may not be modified or altered by any electoral authority without the due process regulated by this Law being carried out, in the Departmental Electoral Board as the competent electoral body and with the presence of the Departmental agents of the political organizations."

d)To receive the electoral documentation and materials delivered to them by the Municipal Electoral Boards and to total the provisional results of the voting held in the department, using for that purpose exclusively the documents received from the Municipal Electoral Boards;

e)To safeguard the documentation and electoral materials received from the Municipal Electoral Boards and to send them to the Supreme Electoral Tribunal within the three days following receipt thereof;

f)To deliver in writing, to each of the agents of the political parties and electoral civic committees, the results of the voting, and also to immediately publish the same;

g)To duly address the suggestions and protests of the agents, recording them in the respective record;

h)To ensure compliance with this law and all provisions relating to the electoral process; and

i)Such other functions as entrusted to them by law, its regulations or the Supreme Electoral Tribunal.

Republic on 25-05-2016.

The attributions of the Municipal Electoral Boards are:

a)To act in accordance with the law in the preparation, development and oversight of the electoral process in its jurisdiction;

b)To appoint, swear in and install in office the members of the Vote Receiving Boards;

c)To install in their positions the agents of the political parties and of the electoral civic committees;

d)To designate the voting places, which must meet the indispensable conditions, and whose location must be published in advance by appropriate means;

e)To deliver to the Presidents of the Vote Receiving Boards the materials and documentation necessary for the performance of their functions in the electoral process;

f)To oversee that the Vote Receiving Boards begin their work on election day at the time fixed by law, being responsible for ensuring that they have all the materials and documentation necessary for the proper performance of their functions;

g)To receive from the Vote Receiving Boards all electoral documentation;

h)To establish the voting result in its jurisdiction, using for that purpose the documents delivered to it by the Presidents of the Vote Receiving Boards, and giving due publication to such results;

i)To deliver to each of the agents of the political parties and electoral civic committees the respective certification of the voting results in its municipality;

j)To duly attend to the suggestions and protests of the agents and to record them in the respective record;

k)To transfer and deliver all the documentation of the electoral process to the corresponding Departmental Electoral Board, within the day following the holding of the elections;

l)To ensure compliance with this law and with all provisions relating to the electoral process; and

m)Such other functions as are conferred upon them by the law, its regulations or the Supreme Electoral Tribunal.

The Supreme Electoral Tribunal shall integrate the Departmental Electoral Boards at least three months in advance and the Municipal Electoral Boards at least two months in advance of the date on which the election in question is to be held.

The Vote Receiving Boards are bodies of a temporary nature. They shall be in charge of and responsible for the reception, scrutiny and counting of the votes that they are to receive in the electoral process.

Each Vote Receiving Board shall be composed of three titular members, who shall be appointed by the corresponding Municipal Electoral Board and who shall hold the offices of President, Secretary and Vocal, respectively, and which shall be constituted no later than fifteen days before the date of the corresponding election.

In the same manner, for each municipality there shall be designated the number of alternates for the vote receiving boards as agreed by the respective Municipal Electoral Board, who shall replace those absent on election day, in the manner as provided by said board.

To be a member of the Vote-Receiving Boards, the same qualifications as to be a member of the Departmental and Municipal Electoral Boards are required.

The Vote Receiving Boards shall be dissolved upon their members signing the voting record and delivering to the Municipal Electoral Board the documentation and materials they received for the exercise of their functions in the electoral process.

The offices on the vote-receiving boards are mandatory and ad honorem, but their members may enjoy the per diems agreed by the Supreme Electoral Tribunal for election day, which shall not require substantiation.

The members of such boards shall enjoy the immunities corresponding to municipal mayors.

Employers must grant their workers the necessary permissions so that they may perform their functions as members of a vote-receiving board on election day, and must pay them the corresponding wages and benefits for all the time they spend in the exercise of their offices.

The poll watchers of political parties and electoral civic committees designated for each polling board may appear before them at any time to witness the election, satisfy themselves of its proper conduct, and make such observations and protests as they deem pertinent.

Powers and obligations of the vote receiving boards. The vote receiving boards have the following powers and obligations:

a)To open and close the voting in accordance with the law and other applicable provisions.

b)To review the electoral materials and documents.

c)To respect and ensure respect for the secrecy of the vote.

d)To identify each of the voters and verify their registration in the electoral roll.

e)To ensure that voters deposit their respective electoral ballots in the corresponding ballot boxes.

f)To mark with indelible ink the index finger of the right hand or another finger failing that, of whoever has already cast their vote, returning their identification to them.

g)To carry out, in the presence of the political party and electoral civic committee poll watchers who are present, the scrutiny and counting of the voting conducted before it.

h)To prepare the corresponding records in the books registered for such purpose.

i)To record in the corresponding records the protests of the political party and electoral civic committee poll watchers.

j)To place the used and unused electoral ballots, as well as the record books, in the corresponding bags, which must have the necessary security.

k)To place in the electoral sack, providing it with the greatest security, all the paperwork used in the election, delivering it to the President of the Vote Receiving Board, which circumstance shall be recorded in the record.

l)To transfer and deliver to the Municipal Electoral Board the electoral sack, immediately upon conclusion of the work of the Vote Receiving Board.

m)To annul the unused electoral paperwork, in the presence of the political party and electoral civic committee poll watchers who are present, with a stamp bearing the inscription “NOT USED”.

n)The President of the Vote Receiving Board, upon completion of the scrutiny, shall deliver a certified copy of the result obtained to each of the political party and electoral civic committee poll watchers who are present; and,

ñ)Such others as are granted to it by this law and the corresponding provisions.

The Supreme Electoral Tribunal shall issue all provisions necessary for the correct observance of the powers and obligations referred to in this article.