DIALOGUE ON ELECTORAL MANAGEMENT AND CONFLICT RESOLUTION EXCHANGE OF EXPERIENCES BETWEEN LATIN AMERICA AND ARAB SPRING

COUNTRIES

MEXICO CITY, March 11 to 14, 2014.

1. PRESENTATION

2. BACKGROUND AND CENTER FOR ELECTORAL TRAINING AND RESEARCH

3. SPEAKERS´ PROFILES

4. PARTICIPANTS LIST

5. PROGRAM

6. POLITICAL AND ELECTORAL SYSTEMS

1. Presentation

a) General characteristics

Electoral democracy requires constant improvement and update in order to satisfy those demands presented by a

modern society, rights-demanding citizens, and strong political parties fighting over access to political power.

Through this given outlook, elections´ management has gradually become an object of knowledge, as well as a

specialized practice. Nowadays, those of us involved in elections´ management not only encounter a widely extended

and diversified practice, but also a very complex one, related to ways of conducting it to satisfy universally recognized

international standards, oriented towards free, clean, fair, equal, and reliable elections.

The classic standards on electoral democracy have not changed, but the parameters established to meet them have.

Current developing conditions on electoral abilities demand a broader electoral quality for the authority to comply with

such standards. An effort in accordance with the political exigency to train electoral officers is required.

Registered changes in the electoral agenda´s evolution ask for new aptitudes, (knowledge, abilities, skills) and new

attitudes (values and behaviors) of those responsible of organizing elections in the world.

It is necessary to carry out an inspection and a periodic adjustment in subjects such as: electoral registry update and

integration; voting and scrutiny mechanics; voter information campaigns; special care of vulnerable groups; document

and electoral material acquisition, or production, and distribution policies; and the mechanics to preserve vote´s

secrecy, among others.

Thus, information, specialization, and update of electoral bodies´ human resources have become a strategic must.

Electoral formation is a fundamental piece to electoral bodies for many reasons:

o It encourages specialization over the functions and key subjects for them.

o Generates and institutional memoir that makes procedures more effective.

o Promotes research to deepen aspects on institutional interest, or encourages knowledge on better practices.

Objetive

Promote electoral-democratic institutions´ strengthening through knowledge and experience exchange within the established differences between administrative and jurisdictional investitures, as well as for conflict resolution.

b) Topics

1) Electoral management in compared code

2) Conflict resolution system

2. Background and Center for Electoral Training and Research

a. Background

This is the second exchange program to be carried out with the participation of Egypt, Libya, and Tunisia. The first one

took place on 2012 along with the United Nations Program for Development (UNDP), Mexico´s Ministry of Foreign

Affairs (SRE), and the Electoral Tribunal of the Federation´s Judicial Power. During this exchange, subjects such as

changes on the political systems of these countries were reflected on, as well as for the challenges for remodeling and

reconstructing institutional bases.

Additionally, in the beginning on 2012 the International Workshop on Electoral Management was developed for Egypt´s

Supreme Constitutional Court. This workshops relevance lies on the fact that an exchange did not occur directly with

the electoral body, which is directly in charge of electoral logistics, but with a judiciary body of major importance: The

Supreme Constitutional Court.

b. Center for Electoral Training and Research

Since 2004, Mexico´s Federal Electoral Authorities, with the Federal Electoral Institute (IFE), and the Electoral Court of

the Federation´s Judicial Power (TEPJF), along the United Nations Development Program´s (UNDP) office in this

country, have been realizing a series of activities aimed for other countries electoral bodies´ authorities, carrying out

workshops in which compared experiences on specific subjects of the electoral management, and conflict resolution

are presented.

Starting May of 2008, these series of activities were introduced under a new horizontal international cooperation

structure, designated International Program on Electoral Training and Research (PICIE), which will carry out pilot

projects and thanks to which the General Council of the Federal Electoral Institute approved the creation of the

International Center for Electoral Training and Research in September 2010, having developed so far 19 workshops,

according to the following chart:

Year Africa America Asia Europe Total

2004 Haiti Iraq 2

2005 El Salvador (2)

Guatemala 3

2008 Bosnia &

Herzegovina 1

2009 Zambia

South Africa Guatemala

East Timor Lebanon

Philippines 6

2010 Burundi

Botswana Benin

Argentina (2) Macedonia 6

2011 Ethiopia

Botswana Kenya

Venezuela Guatemala

Nepal East Timor Afghanistan

Ukraine Georgia

10

2012

Egypt Egypt, Libya

y Tunisia Nigeria Ethiopia

Costa Rica Peru

El Salvador Guatemala

Rumania Croatia

10

2013 Nigeria

Ecuador (4) Bolivia, Peru y

Colombia, Haiti,

Guatemala

Indonesia 9

2014 Cameroon Ecuador 2

Total 14 21 8 6 49

3. SPEAKERS´ PROFILES

Carlos Valenzuela Carlos Valenzuela has worked for the UN in the area of electoral administration and electoral assistance for 23 years. Mr. Valenzuela holds a Masters of Linguistics (University of Wisconsin), Masters of Economics (Paris I, Pantheon-Sorbonne), and a PhD Economic and Social Sciences (Paris I, Pantheon-Sorbonne). His experience in the UN electoral field has been both for peace-keeping operations and UNDP, and since 1997 he has been either chief electoral officer or chief technical assistant in UN missions, as well as special electoral advisor, in countries around South-East Asia, Africa, Middle East and Latin America. He has also served in a number of UN electoral needs assessment and evaluation missions. He sits in various committees of international electoral organizations, as well as designing and taking part of IFES programs in Afghanistan and Mexico. He is currently the UNDP’s chief electoral advisor for Egypt, Libya and Tunisia.

Hernán Gonçalves Figueiredo Lawyer by the University of Buenos Aires, with a Magistracy specializing degree (San Martin National University, Research and Higher Studies Foundation), and a Master´s in Magistracy (Buenos Aires´ Law Faculty). Judicial Act Secretary for the National Electoral Chamber of the Argentinian Republic.

Hugo Picado Head of Costa Rica´s High Elections Court Institute on Democracy Training and Studies. Contemporary Political Processes´ PhD candidate by the University of Salamanca, Spain. Holds a Master´s in Latin American Studies, focusing on Latin American Politics by the Inter-university Institute of Iberoamerica by the University of Salamanca and has a Law Bachelor´s degree by the University of Costa Rica. Costa Rica´s High Elections Court official since 1993, where he has occupied positions such as Paralegal, Legal Advisor, and Electoral Counselors Program´s Coordinator. He has taught at the University of Costa Rica, at the Costa Rica´s Latin University, and at University of Salamanca. He has published texts on electoral systems, democracy, and Rule of Law through magazines and compilations in Mexico, Colombia, Guatemala, Brazil, Bolivia, Spain, and Costa Rica.

Jose Alfredo Pérez Duharte. Lawyer by the University of Lima, with a Master´s in International Cooperation by the Complutense University of Madrid, in Spain. Holds a PhD in Public Administration and Government by the Research University Institute Ortega y Gasset of the Complutense University of Madrid. Has been electoral audit functionary, Chief of the International Cooperation Office, and Head of the Electoral and Governability School at Peru´s National Electoral Jury, between 2001 and 2010. He has worked as advisor for the National Electoral Jury´s president, PhD Francisco Távara Córdova, since 2012 until today.

José Thompson Costa Rican Lawyer. He grew as a consultant for Costa Rica´s Foreign Ministry until he was appointed general consul in Washington. In the same extent, he has performed as teacher for University of Costa Rica´s Law School. He was head of the Center for Electoral Assistance and Promotion. He is currently Chief Executive of the Human Rights Inter-American Institute (IIDH).

Rafael López Pintor Currently UNDP´s electoral consultant in Egypt. Ph.D. in Political Science by the University of North Carolina in Chapel Hill, and Doctor of Law by the University Complutense in Madrid, Spain. Has been UN Director of Elections in El Salvador and Mozambique, and consultant on election to the UN, EU, OSCE, USAID, IFES, IDEA in more than 30 countries of all regions of the world. Among his publications: Electoral Management Bodies as Institutions of Governance (New York, UNDP, 2000) where the concept EMB was first coined; and of a methodology for the assessment of electoral cost in Getting to the CORE. A Global Survey on the Cost of Registration and Elections. New York: UNDP, 2006).

Carlos Navarro is the Director of International Electoral Projects and Studies in International Affairs section of the Electoral Federal Institute. He has a graduate degree in International Relations and a Masters in Latin American Studies from National Autonomous University of Mexico (UNAM). He is the author of publications, which give insights to the Federal Electoral Institute on the international community and various comparative studies on electoral politics. He has participated in international missions of technical assistance on topics such as regulation, control and supervision of the financing of political parties and electoral campaigns, electoral systems, voting abroad and electoral organization. He has been a representative of the IFE in international election observation missions, as well as a speaker in different forums at various institutions and associations of electoral bodies.

Wilfredo Penco Holds a PhD in Law and Social Sciences. Graduated from Universidad de la República Ministro of the Supreme Electoral Court of Uruguay. Minister of the Corporation since 1996. Co-founder of the Electoral Experts Council of Latin America (CEELA). President of the National Academy of Letters of Uruguay for the 2006-2008 and 2009-2011 terms. Since 1996 he works as Ministry of Uruguay´s Electoral Court and starting on 2010, he carries out the Vice presidency of the Electoral Court.

4. PARTICIPANTS LIST

Country Institution Post Participant

Egypt

State´s Council Vice President Mr. Yehia Ahmed Ragheb Mohamed Dakrouri

State´s Council Judge Mr. Ahmed Gamal Ahmed Osman

Elections High Commissioner

Judge Mr. Hesham Mokhtar Mostafa Abdelrahman

Committee for Presidential Elections

Judge Mrs. Sara Adly Abdelshakour Hussein

Ministry of State for Administrative Development

Project Manager Mr. Mohamed Mansour

UNDP Lexicon coordinator on electoral terms for the Arab region

Fadi Awad Fathi El Said

UNDP Translator Wessam Mohamed

UNDP Translator Mr. Ali Ibrahim Ali Menufi

UNDP Translator Ms. Gihane Mahmoud Amin Hassanein

UNDP Translator Mr. Salah Selim

UNDP Electoral Officer Ms. Marwa Mohamed Youssef Othman

Libya

Supreme Judicial Institute

Director Mr. Ali S. Omar Bakar

HNEC High National Electoral

Commission

Member of the Legal Affairs Office.

Complaints Committee

Ms. Alla M Shibani Rahuma

HNEC High National Electoral

Commission

Legal Advisor for the Benghazi´s District Office

Mr. Kahaled M. M. Ziwo

Judicial Inspection Management

Deputy Manager

Ahmed Yolisef A. Elbarouni

IFES Niklas Kabel

Tunisia

High Independent Electoral Commission

Vice President Mr. Mourad Ben Mouelli

High Independent

Electoral Commission Member Mr. Nabil Baffoun

High Independent

Electoral Commission Member Ms. Fauzia Drissi Ep Bouacida

High Independent

Electoral Commission Member Mr. Kamel Toujani

Administrative Court First President Mrs. Raoudha Mechichi

Administrative Court Court of Appeals´ President

Mrs. Samia Mohamed El-Bokri

Administrative Court State´s Commissioner

General, Chamber of Appeals

Mrs. Naima Ben Agla Ep Belhaj

Administrative Court Advisor and Mr. Ferid Sghaier

Member of the Administrative

Court´s General Assembly

Court of First Instance Judge Chokri Bakhouch

Ghardimaou´s District Court

District Judge Mr. Ilyes Sallami

UNDP

Elections Legal Advisor for support

on Tunisia´s Electoral Process

Mr. Baha Aldeen Ala’Aldin Z. Bakri

Tunisia´s Law and Political Sciences

Faculty

Law Professor Lotfi Blel

Argentina

National Electoral Chamber, Nation´s

Judicial Power

Secretary of Judicial Act

Hernán Goncalves Figueiredo

Colombia

UNDP Libya, Egypt, and Tunisia´s Technical

Electoral Assistance Chief of

project

Carlos Valenzuela

UNDP Electoral Expert Isabel Otero Blum

Costa Rica

Inter-American Institute of Human Rights/Electoral Promotion and Assessment Center

Chief Executive José Thompson

High Elections Court Institute on Democracy Training and Studies.

Director General Hugo Ernesto Picado León

Perú

UNDP President´s Advisor José Alfredo Pérez Duharte

Uruguay

National Electoral

Court

Vice President Wilfredo Penco

España

UNDP Electoral Expert Rafael López-Pintor

UNDP Regional Advisor

for the Arab Countries

Juan Luis Martínez-Betanzos

5. PROGRAM

Tuesday, March 11th, 2014

Session 1 (IFE´s Auditorium)

Setting the Stage for a Comparative Exchange

09:30 — 10:00 Opening ceremony

Ambassador Bruno Figueroa, Director of Technical and Scientific Cooperation

of the Ministry of Foreign Affairs

Dr. Carlos Valenzuela, Chief for UNDP´S electoral and technical assistance

projects in Egypt, Libya, and Tunisia.

Judge Yehia Ahmed Ragheb Dakrouri, President for the electoral disputes´

circuit for the Supreme Administrative Court, and Vice President on the State´s

Council in representation of Egypt´s delegation.

Libya´s delegation representative

Dr. Raoudha Mechichi, First President of the Administrative Tribunal, as

Tunisia´s delegation representative

Dr. Manuel González Oropeza, Magistrate for Mexico´s Electoral Tribunal of the

Federation´s Judicial Power´s (TEPJF).

Dr. Benito Nacif, President Counselor of Mexico´s Federal Electoral Institute

10:15 — 11:00 Methodological and Thematic orientation

Carlos Navarro, Director of Electoral Research and International Projects

11:00 — 11:15 Northern Africa overview

Carlos Valenzuela, UNDP’s chief electoral advisor for Egypt, Libya and Tunisia

11:15 — 11:30 11:30 – 12:15 12:15 – 12:45

Electoral Dispute Resolutions´s trends in the Arab World

Lotfi Biel, Professor at the Law and Political Science School of Tunisia

Current situation, requirements and prospects in Egypt, Tunisia, and Libya

(country representatives/10-15 minutes each)

Discussion

Lunch Break

15:00 — 17:00 Distinction between administrative and jurisdictional responsibilities and organizational models. Comparative perspective from Latin America (Joseph Thompson, Executive Director for the Inter-American Human Rights Institute; comments by Raul Ávila, Researcher at the National Autonomous University of Mexico´s Institute on Legal Research)

Wednesday, March 12th, 2014 (IFE´s Auditorium)

Session 2 EMB Models in Latin American: Organization, Responsibilities

and Powers (regulation and sanction)

09:30 — 11:00 Mexican electoral management model (Carlos Navarro, Director of Electoral Research and International Projects)

11:15 — 12.45 Argentinian electoral management model Hernán Goncalves, Judicial Performance Secretary for the National Electoral Chamber of the Republic of Argentina

Lunch break 14:30 — 16:00 Costa Rican electoral management model

Hugo Picado, Head for the Democratic Formation Institute of Costa Rica´s

Supreme Electoral Tribunal

16:20 — 17:45 Uruguayan electoral management model Wilfredo Penco, Vice President of the National Elections Court / CNE

Thursday, March 13th, 2014

EDR Systems in Latin American: Authority´s Nature, Range of Powers, and Complaint Proceedings

Friday, March 14th, 2014

Comparative analysis of EDR models

Session 3

10:00 — 11:30 Mexican electoral justice model (Noé Corzo, Presiding Magistrate for Guadalajara´s Regional Court)

12:00 — 13.30 Argentinian electoral justice model Hernán Gonçalves, Judicial Performance Secretary for the National Electoral Chamber of the Republic of Argentina

Lunch break 14:30 — 16:00 Costa Rican electoral justice model, Hugo Picado, Head for the Democratic

Formation Institute of Costa Rica´s Supreme Electoral Tribunal

16:15 — 17:45 Uruguayan electoral justice model Wilfredo Penco, Vice President of the National Elections Court / CNE

Session 4

09:30 — 11:30 Panel on election´s nullity systems (Sergio Guerrero, precedence, monitoring, and inquiry Coordinator for Mexico´s Electoral Tribunal of the Federation´s Judicial Power´s (TEPJF).

11:45 — 13:15 Comparative analysis of the different organizational models for EDR

José Alfredo Perez Duharte, peruano, peruvian consultan on international

electoral areas

13:30 — 14:00 Assessment and closing session

6. Political and Electoral Systems

Mexico

1. POLITICAL AND INSTITUTIONAL OUTLOOK

Political Organization: Federal State composed by thirty-two states: thirty-one states and the Federal District (31

states and the Federal District).

Government: Presidential.

Federal Executive Power: The Supreme Federal Executive Branch rests upon one single member. It is

vested upon the President of the United Mexican States. Besides leading the government of the Republic, the

President is also Chief of State and the Army. He is elected every six years through direct election, universal

suffrage, and the principle of relative or simple majority. The Political Constitution strictly forbids re-election in

any modality.

Legislative Branch: The Federal Legislative Branch is vested upon the Union Congress, which is divided into

an Upper and a Lower Chamber. 500 members who serve for a three-year period and may not be re-elected

for an immediate period compose the Lower Chamber, and 128 members who are elected for a six-year

period and may only be re-elected after a midterm period, compose the Upper Chamber.

2. ELECTORAL SYSTEM

President´s election: Simple or relative majority system.

Composition of the Lower Chamber: The Lower Chamber is made up of 500 representatives, all of whom are

renewed every three years according to a variation of the personalized proportional representation system in which

some of its members are elected by a majority formula and the remaining by a proportional representation formula,

under terms that assure a high degree of proportionality between votes and seats.

Therefore, out of the 500 members that make up the Lower Chamber, 300 are elected by relative majority in single-

member districts, and the other 200 are elected by proportional representation through the system of party lists in five

multi-member districts of 40 seats each.

Composition of the Upper Chamber: The Upper Chamber or Senate is composed by 128 members elected through

a segmented system in which a section is elected by a majority formula and another by a proportionality formula.

Unlike the Lower Chamber, the two segments operate independently.

Three Senators are elected in each of the thirty-two states. For this purpose, the political parties must register a list

with two formulas for their candidates. Two of the seats are allocated through the relative majority principle, that is,

they belong to the party that obtained the largest number of votes, and the third one is appointed through the first

minority principle, that is, to the party that obtained the second largest amount of votes.

The remaining thirty-two seats are appointed by means of the proportional representation system, according to voter

rolls in one single national multi-member district. The law establishes that a pure proportionality formula (natural

quotient and higher remainder) must be used for their appointment.

The Senate has the faculty to appoint or ratify judges and magistrates of the Judiciary Branch and the General

Prosecutor of the Republic, therefore the Electoral Crimes Prosecutor; the Chamber of Deputies has the faculty of

appointing Electoral Counselors of the Federal Electoral Institute.

7. ELECTORAL AUTHORITY

INSTITUTION CONSTITUTION ASSIGNMENTS

Federal Electoral Institute Public, autonomous, and

independent

Carry out civic education and training tasks. Elaborate the country´s electoral geography. Guarantee political parties and national political associations´ rights and

prerogatives. Elaborate the electoral roll and the electoral lists. Design, print, and distribute the used materials on the federal polling days. Prepare federal polling days. Carry out the electoral results count. Declare the legitimacy on congressmen and senators elections and grant the

corresponding certificates. Regulate electoral observation, as well as for carrying out opinion polls. Administer the State´s corresponding times on radio and television for

electoral purposes.

Electoral Tribunal of the Federation´s

Judicial Power

Specialized body of the

Federation´s Judicial Power

Solve contests of elections for: President, governors, head of the Federal District´s Government, federal congressmen, and elected senators by the relative majority principle and proportional representation.

Accountable for carrying out the final calculation for the President of the United Mexican States election, grade the presidential election legality and present the elected President.

Knows and if applicable, receives acts or resolutions controversies from the IFE´s central bodies.

Specialized District Attorney´s Office to

the attention of Electoral Crimes

(FEPADE)

Body of the Attorney

General´s Office for the

Executive Power

In charge of attending through an institutional, specialized, and professional manner all things related to electoral crimes.

INSTITUTION STRUCTURE ARRANGEMENT

Federal Electoral Institute General Council. IFE´s High Management

Body

a) Nine counselors with right of voice

and vote.

They are elected by two thirds of the present members from the Lower Chamber. b) The counselors of the Legislative Power are members with the right of voice but not the right to vote and they are national political parties´ representatives with a registry.

The current Electoral Council is composed by:

Dr. Benito Nacif Hernández (Provisional Chairman)

MA Marco Antonio Baños Martínez

Dr. Lorenzo Córdova Vianello

Dr. María Marván Laborde

Electoral Tribunal of the Federation´s Judicial Power

Upper Chamber

Seven Magistrates

It is the Upper Chamber´s duties to send out

the necessary General Agreements to reach

the Electoral Court´s appropriate functioning

regarding its competency areas.

The current Upper Chamber is integrated by:

Magistrate José Alejandro Luna Ramos.

Magistrate Presidente.

Magistrate María del Carmen Alanís

Figueroa

Magistrate Constancio Carrasco Daza

Magistrate Flavio Galváb Rivera

Magistrate Manuel González Oropeza

Magistrate Salvador Olimpo Nava Gomar

Magistrate Pedro Estebán Penagos López

Specialized District Attorney´s Office to the attention

of Electoral Crimes (FEPADE)

Three Directorate Generals that complement each other to prevent, investigate, and pursue the corresponding federal electoral crime tasks, to procure a penal electoral justice in a timely manner.

8. CONFLICT RESOLUTION

The Electoral Tribunal of the Federation´s Judiciary Power (TEPJF in Spanish), is a judiciary body, under

management of de Judicial power, accountable for solving senators and congressmen contests of election

results, and whose superior chamber has the faculties to carry out, once solved, presidential contests of

election that may have emerged, proceeding to prescribe the election´s validity statement and elected

president. It is through the procedural instruments for electoral conflict resolution, that the TEPJF, qualified as

an impartial autonomous body, issues a party resolution. Within the mechanisms to end an electoral conflict,

the citizen, political party, or association, can desist of presenting a lawsuit or contest, furthermore, allude to

claims recognition by the authority in charge.

Republic of Costa Rica

1. POLITICAL AND ELECTORAL SCENARIO

Executive Power:

The executive power is represented by the President, who serves as Head of State and Government. The current President is Ms. Laura Chinchilla, who took up office since February 7th, 2010, along with two Vice Presidents: Alfio Piva Mesen and Luis Liberman Ginsburg. The President and both Vice Presidents are elected through a joint group by specific majority (40%+1), with a possibility for a second round of elections for a 4 year term without chances for reelection.

Legislative Power:

The legislative power is vested upon de single-chamber Legislative Assembly. It is integrated by 57 Congressmen and, due to a population census, The Supreme Electoral Court allocates the provinces´ county councils, depending on their population. Congressmen are elected under a proportional representation system on a closed list, for a 4 year term and no consecutive reelection is permitted.

Last national elections:

Second Round elections: April 2014 – presidential and legislative. Recent general elections: February 2 of 2014- Presidential and Legislative. Registered voters: 3 051 386 electors. Electoral participation: 1 602 524 of voters (68.25%)

State´s Set Up: Unitary Republic

Political-administrative division :

Divided in 7 provinces, 81 cantons, and 470 Collegiate districts.

Population: 4 889 826 habitants (2014).

Government: Presidential Republic

2. ELECTORAL AUTHORITY

INSTITUTION CONSTITUTION ASSIGNMENTS

Supreme Electoral Tribunal (TSE) INDEPENDENT

Summon popular elections.

Appoint members of the Electoral Boards according to the law.

Construe exclusively and compulsorily all legal constitutional layouts according to the electoral areas.

Carry through the State´s Central Civil Registry and constitute the electoral lists.

Dictate the corresponding measures so that the electoral processes may develop under free flowing guarantees and liberty.

Draw up and set out the electoral territorial division

Watch over the internal political parties´ processes to appoint their bodies´ members, assemblies´ representatives, and candidates for popular election charges.

Draw up training programs addressed to al civilians.

Regulate and enforce the standards related to state and private contributions in favor of political parties, having the opportunity to arrange at any time the corresponding audits.

Carry out the suffrages´ definite scrutiny issued on the Presidential and Vice Presidential, Legislative Assembly Congressmen, Municipality members, and constituent Assembly Representatives elections.

Issue the definite presidential and vice presidential electoral declaration within the thirty following days after the voting date,

Organize, manage, control, scrutinize, and declare results on referendum processes.

Promote the necessarily considered electoral reforms and collaborate in the legislative´s related projects transaction.

INSTITUTION STRUCTURE ARRANGEMENT

Supreme Electoral Tribunal (TSE)

Three TSE´s Magistrates appointed by the High Justice Court. During elections period, the Court extends increases the number of Magistrates to five. Magistrates are appointed for a six year term.

Luis Antonio Sobrado

González (Presidente)

Eugenia María Zamora

Chavarría (Vicepresidente)

Max Alberto Esquivel Faerron

Marisol Castro Dobles

Fernando del Castillo Riggioni

3. CONFLICT RESOLUTION

Costa Rican electoral jurisdiction is specialized, focused, and of a single instance and it performs such functions in an exclusive and excluding manner from the High Electoral Court (TSE in Spanish); its decisions on electoral matters are inevitable, but may be clarified, upon formal request within the third day, even within the enforcement procedures, in the necessary manner as to provide thorough compliance with the verdict´s content (article 223 of the Electoral Code). The TSE, as the Republic´s judge, knows, processes, and solves various subjects on electoral matters:

Related with internal conflicts in political parties

Related with conflicts subscribed to the electoral process

Related with conflicts dealing with public service practice.

Non-litigious matters

Argentina

1. POLITICAL AND INSTITUTIONAL SCENARIO

Political structure:

Argentina´s government system takes up a representative, republican, and federal form. Argentina is a federated state

conformed by 23 provinces and one autonomous city. Each province and the city of Buenos Aires elect their

representatives and legislators through direct suffrage; also, the provinces organize and hold their Justice

administration.

Government: Presidential.

National Executive Power: The President is elected by popular vote for a four-year term. The President is the Nation´s Supreme Chief, responsible for the country´s general administration and Commander in Chief of the Nation´s armed forces. The Vice president is elected under the same electoral formula, and occupies the Senate´s Presidency.

Legislative National Power: Also referred to as the National Congress composed of two chambers:

Lower House: Consists of 257 elected Congressmen for 4 year periods, with half renewals every two years.

Upper House: This chamber is composed of 72 senators -3 per province and 3 for the City of Buenos Aires-,

elected for a 6 years´ term with one third renewals every two years. The Senate´s presidency is vested upon

the Nation´s Vice President.

2. ELECTORAL SYSTEM

Electing the President of the Republic: Presidential elections are carried out through direct vote with a single ballot.

The candidate that receives 45% or more of the valid votes, or 40% with a 10% lead over the following candidate, wins

the election. A second-round election is won with a simple majority. Elections for Chamber of Deputies utilize the

D’hondt method while Senate elections utilize a majority system with an incomplete list. Elections are organized by the

executive branch of government (National Electoral Directorate) but supervised and overseen by an independent

organ (National Electoral Chamber).

Upper House: Majority and direct system through an incomplete list:

Three jointly and directly elected Senators per province and for the Autonomous City of Buenos Aires. Lists are

composed of 2 different sex candidates.

Arrangement:

2 seats for the party or alliance, whichever gets the highest voting count.

1 seat for the party that follows on the vote count.

Lower House: Proportional representation system:

The amount of Congressmen for each electoral district is determines according to its population.

Each elections scrutiny is carried out by list.

The posts to be occupied are assigned according to each list´s order, previously applying the D´Hont formula of

proportional representation.

3. ELECTORAL AUTHORITY

INSTITUTION CONSTITUTION ASSIGNMENTS

National Electoral

Chamber

Judicial Power Jurisdictional Roles:

Related to the political parties´ organic law implementation, political parties funding, open, simultaneous and compulsory primary elections, National Electoral Code, and complementary regulations.

Control Roles:

In general, they are linked to the political parties´ existence, activities, and organization.

Electoral administration roles

Registry roles

National Electoral

Directorate

Depends on

the Ministry of

the Interior

In charge of an election´s material aspect, provides the components and supplies (ballot boxes, certificates, and forms) as well as for the electoral roll printing management.

INSTITUTION STRUCTURE ARRANGEMENTS

National Electoral Chamber

Constituted by three magistrates elected through tender by the Magistrate Council, and are appointed by the Nation´s President upon Senate´s approval.

President: Dr. Rodolfo Emilio Munné

Vice president: Dr. Santiago Hernán Corcuera

Chamber judge: Dr. Alberto Ricardo Dalla Via

4. CONFLICT RESOLUTION

The National Electoral Chamber possesses competency over the whole national territory. This Electoral Court is part of the

Nation´s Judicial Power, and represents the highest authority to implement political-electoral legislation. It is a Court with a

particular and specific nature, taking into account the fact that the national electoral justice has been embedded with the

role to look over everything related to the electoral management process. For this matter, it gets fitted with statutory,

operational and National Electoral Registry´s fiscal faculties, among other electoral management attributions, and besides

the proper jurisdictional roles of any justice court, its case-law possesses judgment and it´s mandatory for all the first

stance judges as well as for the precinct national boards. Among its functions, political parties´ organic law implementation

stands out, political party financing, primary elections (open, simultaneous, and obligatory), the Electoral National Code,

and related laws. As any jurisdictional body, by virtue whereof disposed on article 116 of the National Constitution, national

electoral justice intervenes only before existence of a “case”, “cause”, or “controversy”, in those outlines in which

determination of the debated law is specifically pursued between adverse parties.

Uruguay

1. POLITICAL AND INSTITUTIONAL SCENARIO

Political organization: Democratic Republic, with a presidential structure, divided into three independent powers. Uruguay

is comprised of 19 departments (Artigas, Canelones, Cerro Largo, Colonia, Durazno, Flores, Florida, Lavalleja, Maldonado,

Montevideo, Paysandú, Río Negro, Rivera, Rocha, Salto, San José, Soriano, Tacurembó y Treinta y Tres), and 89

municipalities.

Government: presidential.

Federal Executive Power: Represented by the President, who is both Head of State and Government. The

President and Vice President are elected on the same ticket by popular vote for five-year terms. Reelection is

possible, but the President may not serve consecutive terms.

Federal Legislative Power: Bi-cameral General Assembly comprising a Chamber of Senators (constituted by 30

members elected for five-year terms) and a Chamber of Representatives (constituted by 99 members elected for

five-year terms). Both Senators and Representatives may be reelected.

Integration of the Chamber of Representatives: The 99 seats in the Chamber of Representatives are

distributed among the 19 departments in accordance with the population. The representative corresponding to

each district is determined by the principle of proportional representation based on party lists.

Integration of the Senate: The 30 members of the Senate are elected by the principle of proportional

representation. With respect to Senate elections, the entire country constitutes a single district. The Vice

President acts as President of the Senate and of the General Assembly, with the right to voice and vote.

2. ELECTORAL AUTHORITY

INSTITUTION CONSTITUTION ASSIGNMENTS

Electoral Court of Uruguay

Is independent from the

three governmental

powers.

Possesses administrative as well as for jurisdictional assignments to solve electoral order controversies.

Electoral registry;

Issuing of an identity document;

Election´s management;

Scrutiny carry out, result´s announcement, posts allocations and announcement of those elected;

Solving all controversies that may emerge along the electoral process, of the election overall, and from the plebiscite and referendum acts.

INSTITUTION STRUCTURE ARRANGEMENT

Electoral Court of Uruguay

Constituted by nine members. Five incumbents are appointed by the General Assembly, gathering two thirds´ votes on the total of the components from both chambers. The remaining four incumbents, parties´ representatives, are elected on a double simultaneous vote by the General Assembly according to a proportional representation system.

Dr. Ronald Herbert (President)

Dr. Wilfredo Penco (Vice president)

Washington Salvo Stotz

Margarita Reyes

Gustavo Silveira

Pablo Klappenbach

Sandra Etcheverry

Alberto Brause

3. CONFLICT RESOLUTION

The Uruguayan institutional regime confers exclusive and excluding competency to know all things related to

electoral matter within an independent organic system from the other Government Powers, particularly from

the Judicial Power. The task of the Electoral Court, which is the constitutional body competent of knowing all

electoral related acts and procedures, focuses on this organic system to wield reformatory, consultative, and

economic superintendence leadership over the electoral bodies as to decide, in a last stance, on all appeals

and complaints that may emerge, and be elections´ judge for all elective positions, plebiscite and referendum

signaled in section c) of the article.