Guatemala
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
b. No, existing regional/provincial/other boundaries are used
Comments: Each of the 22 departments and the capital district are used as multi-member constituencies for the election of the members of Congress.
Source: Constitution: Article 157. Electoral Law: Article 205.
Last updated: 2007-09-18 23:56:10 UTC
BD03 On what criteria are the boundaries drawn?
h. Not applicable
Comments: Each of the 22 departments and the capital district are used as multi-member constituencies for the election of the members of Congress.
Source: Constitution: Article 157. Electoral Law: Article 205.
Last updated: 2007-09-18 23:56:10 UTC
BD05 The body responsible for drawing the boundaries is:
g. Not applicable
Comments: Each of the 22 departments and the capital district are used as multi-member constituencies for the election of the members of Congress.
Source: Constitution: Article 157. Electoral Law: Article 205.
Last updated: 2007-09-18 23:56:10 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Tribunal Supremo Electoral.
b. Full Address 6 Av. 0-32, Zona 2, Guatemala City, Guatemala.
c. Telephone (502) 2413-0309
d. Facsimile (502) 232-0386
e. Email tse@tse.org.gt
f. Website Address www.tse.org.gt
g. Name and Title of Chairperson/President Magistrado Presidente Oscar Edmundo Bolaños Parada
h. Information Officer Karla J. Alvarado, Jefa de Relaciones Públicas
i. Official language of the electoral law governing national elections Spanish
Source: TSE.
Last updated: 2007-09-12 23:25:31 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
c. Local level
d. Other kinds of elections (church, union, etc.) Please specify.
Comments: The election of the President, of the national deputies, deputies to the Constitutional Assembly, deputies to the Central American Parliament, municipal corporations and popular consultations.
Source: Electoral Law: Article 199.
Last updated: 2007-09-12 23:26:51 UTC
EM04 The budget of the national electoral management body is determined by:
c. The legislature
Comments: The allocation of resources in non-election years must be of at least 0.5 % of the general budget, whereas in election year it will have to fulfill the needs of the case, taking into account the estimates made by the electoral authorities.
Source: Constitution: Article 171. Electoral Law: Article 122.
Last updated: 2007-09-12 23:50:29 UTC
EM05 The expenditures of the national electoral management body are controlled by:
d. A national government department
Comments: The National General Accounts Comptroller is entrusted to control and oversee the budget granted to the electoral authority.
Source: Constitution: Article 232.
Last updated: 2007-09-12 23:48:03 UTC
EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years
Comments: Six years. The Supreme Electoral Tribunal is made up of five members and their corresponding substitutes, who are elected by a two-thirds vote in Congress, following a proposal made by a commission expressly constituted for that purpose. They are elected for a six-year term with the possibility of re-election to the post.
Source: Electoral Law: Articles 123 and 124.
Last updated: 2007-09-12 23:49:31 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
Last updated: 2007-02-05 16:56:40 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 4
Last updated: 2007-09-12 23:25:31 UTC
EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 1.57 USD/registered voter.
b. Exchange rate used 8 quetzales = 1 USD.
Last updated: 2007-09-12 23:25:31 UTC
Electoral Systems
ES01 How is the Head of State selected?
a. Head of State is the Head of Government
c. Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: According to Article 4 of the General Constitution, Guatemala is a presidential representative democratic Republic.
Source: Constitution: Articles 182 and 184. Electoral Law: Article 201.
Last updated: 2007-11-07 17:55:13 UTC
ES02 How is the Head of Government selected?
b. Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: The President is elected by absolute majority for a four-year term with no possibility of re-election. If necessary, a second round is called for the two candidates who have obtained the higher number of votes in the first round.
Source: Constitution: Article 184. Electoral Law: Article 201.
Last updated: 2007-11-07 17:55:13 UTC
ES03 Does the country have a president?
a. Yes
Comments: President Oscar Berger Perdomo. Berger was candidate for the conservative Grand National Alliance in November 2003 Elections. After this election, there was a run-off vote between Berger and Alvaro Colom of the National Union of Hope. Berger won with a 54% share of the vote. He was sworn in 14 January 2004.
Source: Wikipedia
Last updated: 2007-10-08 15:44:50 UTC
ES04 The national legislature consists of (one/two chambers):
a. One chamber
Comments: The Congress of the Republic has at least one member elected by district, or more taking in account the population. Moreover, there must be deputies by national list, the same number of the 25% of deputies elected by district system. Both are in charged for a four-year term.
Source: Constitution: Article 157.
Last updated: 2007-10-08 16:12:42 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation
Comments: The Congress of the Republic is made up by 158 deputies, who are elected by the principle of proportional representation for a four-year term and with the possibility of seeking re-election.
Source: Constitution: Article 157. Electoral Law: 203.
Last updated: 2007-11-07 17:55:13 UTC
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable *
Last updated: Thu, 28 Nov 2002 02:25:43 GMT
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
b. Separate legislation
Comments: The Constitution contains some of the fundamental dispositions on electoral matters, but it is a specific legislation (Electoral and Political Parties Law, hereafter named EL) and the corresponding set of rules (hereafter named REL), which regulate in detail all aspects pertaining to electoral administration, including the regime of political parties.
Last updated: 2007-09-12 23:00:13 UTC
LF03 The national electoral law covers:
a. National elections
c. Local elections
d. Referendums
e. Other
Comments: This includes the election of the President of the Republic, of the members of Congress, of municipal corporations, of the representatives of Guatemala before the Central American Parliament, as well as popular consultations.
Source: Electoral Law: Article 199.
Last updated: 2007-09-12 23:02:37 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Comments: c) Voting is free an voluntary. It is considered a civic duty. There is no sanction to voters who do not come to vote. According to the constitution, "suffrage is universal and secret, compulsory for voters who can read and write and optional for illiterate voters".
Source: Constitution: Articles 157 and 184 Electoral law: Articles 12 and 13.
Last updated: 2007-09-12 23:19:10 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-01-17 08:47:57 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-01-17 08:47:57 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-01-17 08:47:57 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-01-17 08:47:57 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-01-17 08:47:57 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-01-17 08:47:57 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
h. Not applicable
Source: International IDEA research, February 2007
Last updated: 2007-02-13 13:54:18 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
a. Amount (Euros) X
Comments: a) The exact amount is unknown.
Source: International IDEA research, February 2007
Last updated: 2007-02-13 13:54:18 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-01-17 08:47:57 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-01-17 08:47:57 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-01-17 08:47:57 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-01-17 08:47:57 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
c. No
Comments: There isn't any provision in the law. It is important to underline that before the National Elections of September 9, on August 30, 2007, Chanel 3 of Guatemala and CNN organized a public debate between the five main candidates for the Presidency of the Republic.
Last updated: 2007-09-20 17:42:14 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
Last updated: 2007-01-17 08:47:57 UTC
ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
a. 1 day
Comments: A day and a half. During a period time that begins 36 hours before the election day, it is forbidden any advertising or opinion poll on electoral matters.
Source: Electoral Law: Article 223. Electoral Law's Regulation: Article 38.
Last updated: 2007-09-20 17:53:00 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)
f. Other
Comments: To rely with a minimum of affiliates equivalent to the 0.30% of the total number of citizens inscribed in the electoral roll used in the last general elections. A half of them should be able to write and read; to be in full use of his/her political rights. to be registered as a political party in the Citizens' Registry; to have a political platform, and to have obtained at least 5 % of the national voting in the most recent national elections, if the party contested.
Source: Electoral Law: Articles 19 and 93.
Last updated: 2007-09-19 23:58:23 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable
Comments: The national legislature consists of only one chamber: The Congress of the Republic made up by 158 members.
Source: Constitution: Article 157.
Last updated: 2007-09-20 00:03:30 UTC
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
j. Other
Comments: To be at least 18 years of age, to have Guatemalan nationality by birth, to be registered as an elector, to be in full possession of his or her constitutional rights and to rely on the support of a registered political party.
Source: Constitution: Article 162. Electoral Law: Article 214.
Last updated: 2007-09-20 00:34:41 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution: Article 157.
Last updated: 2007-09-20 00:07:08 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
a. Neither in presidential nor legislative elections
Comments: Only the political organizations (political parties, civic committees) will be able to inscribe and to postulate candidates.
Source: Electoral Law: Article 212.
Last updated: 2007-09-20 00:10:34 UTC
PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect
Comments: Public funding, exemption of payment of postage and telegraphs and free access to state radio and television.
Source: Electoral Law: Articles 20 and 221.
Last updated: 2007-09-20 00:32:11 UTC
PC15 What is the basis of the public funding?
b. Based on result of previous election
Comments: The parties receive annually two quetzales (one quetzal = 0.13 USD, 2007) for every vote cast during the first round of the presidential election, provided that they have obtained at least 5% of the total valid votes cast in the general elections. This 5% rule it's not applicable to political parties that have obtained at least one representation for the Congress. The money is received in four annual payments. In case of coalitions, financing is distributed between the parties in accordance to the conditions established in the alliance agreement.
Source: Electoral Law: Article 21.
Last updated: 2007-09-20 00:32:11 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Comments: At the end of the voting, electoral officials will proceed to the scrutiny of the votes in every polling station.
Source: Electoral Law: Article 237. Electoral Law's Regulation: Article 82.
Last updated: 2007-09-20 00:48:52 UTC
VC11 Under what conditions are ballots recounted?
d. By request
Source: Electoral Law's Regulation: Article 93.
Last updated: 2007-09-20 00:48:52 UTC
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
Source: Electoral Law: Articles 125-c, 155 and 196.
Last updated: 2007-09-19 00:08:49 UTC
VE02 At the national level, how often are voter education programs conducted?
a. Continuously
Comments: The Supreme Electoral Tribunal relies on the Civic and Electoral Education, Training and Dissemination Unit.
Source: TSE.
Last updated: Fri, 06 Dec 2002 21:02:21 GMT
Voting Operations
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
Comments: The temporary bodies (Juntas Receptoras de Votos) are in charge to receive and count the votes during the electoral process.
Source: Electoral Law: Article 180.
Last updated: 2007-09-19 22:41:29 UTC
VO04 Who can vote from outside the country?
a. Outside the country voting is not permitted
Comments: The right to vote abroad is not guaranteed. Although there have been some attempte, there isn't a real reference about specific initiatives that has been sent to the Congress.
Last updated: 2007-09-19 23:24:30 UTC
VO05 If voting outside the country is permitted, at what places?
g. Not applicable
Comments: Voting abroad is no permitted.
Last updated: 2007-09-19 23:25:52 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 600
Last updated: 2007-09-19 22:41:29 UTC
VO11 How do electors cast their votes?
a. By manually marking the ballot
Source: Electoral Law's Regulation: Article 80.
Last updated: 2007-09-19 23:46:04 UTC
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 3
b. The largest polling station: 3
Last updated: 2007-09-19 22:41:29 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Source: Constitution: Article 147. Electoral Law: Article 2.
Last updated: 2007-09-19 19:44:57 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
e. Other
Comments: To be registered as an elector and to be in full possession of his or her constitutional rights.
Source: Electoral Law: Articles 2, 6 and 8.
Last updated: 2007-09-19 19:03:58 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: A technical area of the the Supreme Electoral Tribunal: The Citizens' Registry.
Source: Electoral Law: Article 155.
Last updated: 2007-09-19 19:33:57 UTC
May 20, 2008 07:19 AM
