Libro Tres Título Uno. Tribunal Supremo Electoral

The Supreme Electoral Tribunal is the highest authority in electoral matters. It is independent and consequently not subordinate to any State body. Its organization, functioning and attributions are determined in this law.

The Supreme Electoral Tribunal is entitled to an allocation of not less than one-half percent (0.5%) of the General Budget of Ordinary Revenues of the State to cover its operating expenses and those of the electoral proceedings.

In a year in which electoral proceedings or consultative procedures are held, the indicated allocation shall be increased in the amount necessary to satisfy the expenditures inherent in the election proceedings, in accordance with the estimate previously approved and justified by the Supreme Electoral Tribunal. Said amount shall be incorporated into the General Budget of State Revenues and delivered to the Tribunal one month before the convocation of said electoral proceedings or consultative procedure. If, upon expiry of the time limit, the Supreme Electoral Tribunal does not have said funds, it shall take the emergency measures necessary for the respective electoral proceedings to be carried out, such as contracting loans with the Banks of the system with guarantee of future budgetary allocations, or direct aid from abroad that does not compromise the finances of the State, nor the independence and functionality of the Tribunal.

The Supreme Electoral Tribunal is composed of five Principal Magistrates and five Alternate Magistrates, elected by the Congress of the Republic with the favorable vote of two-thirds of all its members, from a list of forty candidates proposed by the Nominating Commission. They shall hold office for six years.

The members of the Supreme Electoral Tribunal must have the same qualifications as those pertaining to the Magistrates of the Supreme Court of Justice; they shall enjoy the same immunities and prerogatives as the latter and shall be subject to the same responsibilities. They may be reelected. The titular members of the Supreme Electoral Tribunal shall not practice their profession, a prohibition that does not affect alternate members, except for matters relating to electoral matters. Titular members likewise shall not be advisors or agents under a mandate of political parties, committees for the formation thereof and their representatives and of any other organization of a political nature, nor directors of such organizations.

The Supreme Electoral Tribunal has the following powers and obligations:

a)To ensure faithful compliance with the Constitution, laws and provisions that guarantee the right of organization and political participation of citizens;

b)To form part of the institution responsible for issuing the single personal identification document;

c)To call and organize the electoral processes, defining within the parameters established in this Law the date of the convocation and of the elections; to declare the result and the validity of the elections or, as applicable, the partial or total nullity thereof; and to award popularly elected offices, notifying citizens of the declaration of their election;

d)To resolve, definitively, concerning the actions of the Register of Citizens brought to its knowledge by virtue of appeal or consultation;

e)To comply with and cause compliance with the legal provisions on political organizations and electoral processes, as well as to issue the provisions intended to give effect to such norms, including the power to directly order the measures and sanctions necessary to safeguard the principles informing the electoral process;

f)To resolve by virtue of appeal concerning the registration, sanctions, suspension and cancellation of political organizations;

g)To resolve, definitively, all matters relating to coalitions or mergers of political parties and electoral civic committees;

h)To appoint the members of the Departmental and Municipal Electoral Boards and to remove any of their members for justified cause, ensuring their proper functioning;

i)To ensure the adequate and timely integration of the vote-receiving boards;

j)To investigate and resolve any matter within its jurisdiction that it learns of on its own initiative or by virtue of complaint;

k)To bring to the knowledge of the competent authorities facts constituting a crime or misdemeanor of which it becomes aware, in matters within its jurisdiction;

l)To require the assistance of the public force to guarantee the normal development of the electoral processes, which shall be provided immediately and adequately;

m)To resolve the petitions and consultations submitted to its consideration by citizens or political organizations, relating to matters within its jurisdiction;

n)To resolve the appeals that it must hear in accordance with the law;

ñ)To examine and qualify the electoral documentation;

o)To appoint, remove and impose sanctions on the public officials and personnel under its charge;

p)To issue its internal regulations and those of the other electoral organs;

q)To prepare and execute its annual budget and comply with what the Political Constitution of the Republic establishes for such purpose;

r)To compile and publish case law on electoral matters;

s)To publish the report of the electoral process and its results within six months after the electoral process has concluded;

t)To apply, in accordance with the Law of the Judicial Branch, the legal provisions referring to electoral matters and to the registration and functioning of political organizations;

u)To design and execute civic-electoral education and training programs; and,

v)To definitively resolve all cases within its jurisdiction not regulated by the present law;

w)To order the imposition of the sanctions regulated in this Law; and,

x)To order the cancellation of the registration of the political organization for early conduct of electoral propaganda. Likewise, to order the cancellation of the registration of legal persons, foundations, associations or other entities without political-party purposes that engage in electoral propaganda at any time in favor of any citizen or political organization.

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

The Presidency of the Supreme Electoral Tribunal shall be held by the same titular magistrates who comprise it, on a rotating basis in five equal periods, beginning with the oldest magistrate and continuing in descending order of age. At the first session held by the Supreme Electoral Tribunal after its installation, it shall proceed to designate the President and to establish the order of the vocal magistrates in accordance with their right to assume the presidency.

25-05-2016.

In case of temporary or permanent absence of the President, he shall be replaced, in their order, by the respective Members.

“In case of temporary absence of any of the titular magistrates, the magistrates to be called shall be chosen, by lot from among the alternates on each occasion. If the absence is permanent, the vacancy shall be filled by the alternate magistrate who corresponds in order, according to the election by the Congress of the Republic, to complete the term as titular. The Congress of the Republic shall elect, from the list that was proposed to it in due course, the new alternate.”

When for any reason the list to be prepared by the Postulation Commission does not exist or it has been exhausted and there are no Alternate Magistrates to call to integrate it, proceedings shall be in accordance with what is established in articles 139 and 141 of this law; but in this case, the Postulation Commission must be installed within the time limit of fifteen days following the day on which the Congress of the Republic convenes it.

“Within fifteen days of the Postulation Commission being installed, it shall prepare the list of candidates for Alternate Magistrates, and those elected shall serve until completing the term for which the Magistrates of the Supreme Electoral Tribunal were originally elected.”

of the Republic on 25-05-2016.

The Supreme Electoral Tribunal shall carry out its functions on a permanent basis and, in addition, shall hold session as many times as necessary. Extraordinarily, it shall meet when convened by the President or by the majority of the magistrates.

For the Supreme Electoral Tribunal to hold a session, the presence of all its members is required.

The sessions of the Supreme Electoral Tribunal shall be private, but during the electoral period, the national agents of the political parties have the right to attend them with voice but without vote, for which purpose they shall be summoned without any exception to all meetings. The national agents may be present at every act of the electoral process, without any restriction.

During non-electoral periods, the Supreme Electoral Tribunal shall hold a session, at least once a month, with the duly accredited representatives of the political parties, who shall attend with voice but without vote.

At the request of a party and when the tribunal so agrees, persons interested in the matter being addressed may attend the sessions.

Without prejudice to the foregoing, the actions of the Supreme Electoral Tribunal and the files processed in its office are public.

of the Republic on 25-05-2016.

The decisions and agreements of the Supreme Electoral Tribunal shall be adopted by absolute majority of votes, but when such majority is not obtained, the alternate magistrates shall be called in their order, until such majority is achieved.

The decisions and agreements of the Supreme Electoral Tribunal shall be signed, obligatorily, by all the magistrates who comprise the Tribunal, at the time they are adopted. If any dissents from the majority, he shall state the reasons for his vote, in the act itself, causing it to be recorded in the book kept for such purpose.

“Mere procedural decisions, as well as those falling within the powers of Article 142, shall be signed by the President and the Secretary.”

All written requests and proceedings made before the Supreme Electoral Tribunal and its dependencies shall be submitted on plain paper and shall require neither professional assistance nor special formalities.

The Postulation Commission shall be composed of five members as follows:

a)The Rector of the University of San Carlos of Guatemala, who presides over it;

b)A representative of the rectors of the private universities;

c)A representative of the Bar Association of Guatemala elected in General Assembly;

d)The Dean of the Faculty of Legal and Social Sciences of the University of San Carlos of Guatemala; and

e)A representative of all the deans of the faculties of Legal and Social Sciences of the Private Universities.

Each principal member shall have an alternate, who shall be elected in the same manner as the principal member, except for the alternates of the Rector of the University of San Carlos of Guatemala and of the Dean of the Faculty of Legal and Social Sciences of said house of studies, who shall be elected by the Superior University Council of the University of San Carlos of Guatemala and by the Board of Directors of the Faculty of Legal and Social Sciences of the same University, respectively.

The office of member of the Postulation Commission is compulsory and unpaid.

The members of the Postulation Commission shall meet the following requirements:

a)Be Guatemalan by origin;

b)Be a university professional, an active member of the professional association; and

c)Be in the exercise of their political rights.

Disqualifications for being a member of the Postulation Commission. The following may not be members of the Postulation Commission:

a)The public officials of the State bodies and of the autonomous or decentralized entities thereof. This prohibition is not applicable to the rector of the University of San Carlos of Guatemala, nor to the dean of the Faculty of Legal and Social Sciences of said university.

b)The Attorney General, the Prosecutor General of the Republic, the Magistrates of the Constitutional Court and the Human Rights Ombudsman.

c)The members of the permanent organs of political organizations.

d)The Magistrates, public officials or employees of the Supreme Electoral Tribunal and its dependencies, as well as their relatives within the degrees prescribed by law; and,

e)The ministers of any religion or creed.

If any of the persons who pursuant to this law is to serve on the Postulation Commission has a disqualification, he/she shall immediately communicate it to the corresponding entity so that the new designation may be made.

The Nominating Commission shall be installed by the Congress of the Republic sixty days before the date on which the term of the Magistrates of the Supreme Electoral Tribunal ends. If on the date set for the installation at least two-thirds of the members fail to appear, the Congress of the Republic:

a)Shall invest those present in office;

b)Shall suspend the installation of the Commission;

c)Shall require, by the fastest means, whoever is responsible to accredit the alternate; and

d)Shall set a new session to install the Commission.

Upon the quorum established in subsection d) of Article 141 of this law being formed, the Congress of the Republic shall install the Nominating Commission. Within the time limit of thirty days, counted from the date of its installation, the Nominating Commission shall perform the functions assigned to it by the cited article.

The functioning of the Nominating Commission is governed by the following rules:

“a) The Nominating Commission has among its functions that of preparing the written list of twenty candidates for magistrates of the Supreme Electoral Tribunal, from which the Congress of the Republic shall carry out the election referred to in Article 123 of this Law. The attorneys who form part of the Nominating Commission may not appear on said list.

b)The Secretary of the Nominating Commission shall be elected from among its own members.

c)The commission shall hold permanent session while its function lasts; it shall meet at the seat of the Congress of the Republic and its session shall be public.”

d)Quorum shall be formed by a minimum of two thirds of its members and its decisions shall be taken by absolute majority of votes of its members.

e)The Supreme Court of Justice shall provide, on the day of installation of the commission, a complete list of all active bar-registered attorneys who satisfy the requirements referred to in Article 124 of this law.

f)The decisions of the commission shall be written in the book that the President of the Congress of the Republic shall authorize. The records must be signed by all members present of the commission; and,

g)The Nominating Commission shall be dissolved immediately after having delivered to the Congress of the Republic the record containing the list of candidates for members of the Supreme Electoral Tribunal.”

of the Republic on 25-05-2016.

The powers of the President of the Supreme Electoral Tribunal are:

a)To set the order in which matters subject to the cognizance of the tribunal shall be addressed.

b)To direct the sessions of the tribunal.

c)To exercise the functions of administrative head of the tribunal, of its dependencies and of the electoral organs; and,

“d) To exercise the legal representation of the Tribunal, which the President may delegate with approval of the plenary, for specific matters, to another of the titular magistrates. Likewise, the President may delegate legal representation to judicial agents under a mandate to handle administrative and judicial matters.”

Republic on 25-05-2016.

The Supreme Electoral Tribunal shall have a Secretary General, who must meet the same qualifications required to be a Magistrate of the Court of Appeals and shall have the same prerogatives, immunities and prohibitions.

Powers.

The Secretary General shall have the following powers:

a)To be the administrative officer in charge of the offices of the Supreme Electoral Tribunal.

b)To attend the sessions of the Supreme Electoral Tribunal.

c)To prepare the decisions and agreements corresponding to him, as well as to ensure that the pertinent notifications are effected.

d)To prepare the respective drafts, to draft and sign the corresponding records.

e)To be responsible for the organization and management of the archive of the tribunal.

f)To issue the corresponding credentials.

g)To prepare and order the publications ordered by law.

h)To be responsible for the security seals; and,

i)To be responsible for the execution and performance of the functions assigned to him by the Supreme Electoral Tribunal.”

“For the performance of his functions he shall suppletorily apply the Law of the Judicial Branch.”

of the Republic on 25-05-2016.

In the temporary absence of the Secretary General, the person designated by the tribunal who meets the same qualifications shall substitute for him.

The Inspector General of the Supreme Electoral Tribunal shall have the same qualifications, prerogatives, immunities and prohibitions as the Secretary General.

The following are the attributions of the Inspector General:

a)To monitor strict compliance with this law, its regulatory provisions and any others issued in political-electoral matters.

b)To monitor the functioning of political organizations and the development of electoral propaganda.

c)To monitor and supervise the proper functioning of the dependencies and offices of the Supreme Electoral Tribunal.

d)With the knowledge of the Supreme Electoral Tribunal, to investigate on its own initiative, or at the request of a party, the facts constituting violations of the law, the regulations and the provisions of an electoral nature. In case of urgency it shall act on its own initiative, with a report to the Supreme Electoral Tribunal.

e)To bring to the knowledge of whom it may concern the matters submitted to it by citizens or political organizations and to decide those within its jurisdiction.

f)To report before the competent authorities the facts constituting electoral crimes or misdemeanors; and,

g)Any other attributions assigned to it by the Supreme Electoral Tribunal.

All organs, authorities and departments of the State, including its autonomous and decentralized entities, shall provide, within the scope of their powers, the cooperation requested by the Inspector General for the performance of its functions, under the responsibility of whoever is requested.

The Auditor must meet the following qualifications:

a)Be Guatemalan;

b)Be a citizen in the exercise of his or her rights; and

c)Be a Public Accountant and Auditor, an active member of the professional association.

The functions of the Electoral Auditor are the following:

a)To verify the activities, materials, elements and operations of the electoral bodies within the electoral process, in accordance with the respective regulation, in order to guarantee the purity thereof.

b)To verify that the paperwork and other elements intended for elections satisfy the requirements of law.

c)To conduct ongoing audits to establish all matters relating to materials, documents, equipment and security instruments of the electoral bodies.

d)To prepare, in accordance with the law, the corresponding records when destruction of materials occurs.

e)To inform the Supreme Electoral Tribunal quarterly of the activities carried out and to submit the reports ordered by the tribunal.

f)To inform the Supreme Electoral Tribunal by the fastest means, with a copy to the Inspector General, of any anomaly observed in the conduct of the electoral process.

g)To oversee the financial and accounting operations of the Supreme Electoral Tribunal and its dependencies, as well as to conduct ordinary and extraordinary audits of matters concerning the financing of political organizations; and,

h)To submit the pertinent reports for the purposes of the law to the Comptroller General of Accounts and to the Public Prosecutor's Office.

The Head of the Accounting Department must meet the following qualifications:

a)Be Guatemalan;

b)Be a citizen in the exercise of their rights;

c)Be a registered Perito Contador; and

He shall have the powers assigned to him by this law and the respective regulations.

The Supreme Electoral Tribunal may create the pertinent offices for the better performance of its functions, which shall be regulated at the time of their creation.