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Ecuador

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Last updated: 2008-02-15 19:47:41 UTC

BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
b. Respecting natural barriers
c. Compactness of constituencies
d. Conformity with local jurisdiction boundaries
e. Geographic size of district

Last updated: 2008-02-15 19:48:16 UTC

Direct Democracy

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
a. Mandatory referendum
c. Citizens' initiative

Source: Constitución Política: Arts. 103,104 y 105.
Last updated: 2005-04-21 21:43:40 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional

Source: Constitución Política: Arts. 103 y 104
Last updated: 2005-04-22 15:58:30 UTC

DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional
d. Other

Source: Constitución Política: Arts. 103, 104 y 105
Last updated: 2005-04-21 21:58:13 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
a. Constitutional

Source: Constitución Política: Art. 105
Last updated: 2005-04-21 22:07:28 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
a. Constitutional

Source: Constitución Política: Art.146
Last updated: 2005-04-22 16:49:24 UTC

DD07 What is the legal basis for recalls at the national level?
a. Constitutional

Source: Constitución Política: Arts. 109 y 110
Last updated: 2005-04-22 16:51:56 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional

Source: Constitución Política: Arts. 103 al 105
Last updated: 2005-04-21 23:05:59 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional

Source: Constitución Política: Art.105
Last updated: 2005-04-22 20:21:03 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2005-04-22 20:50:26 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)
a. Mandatory referendum **

Source: Constitución Política de 1978, Arts., 35,78 literal p) y Art.,143. Ley de Elecciones de fecha 27 de Febrero de 1978.
Last updated: 2005-04-25 15:35:55 UTC

DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)

Source: Constitución Política: Art.109. Ley de Elecciones: Art.23,literal d).
Last updated: 2005-04-25 15:39:06 UTC

DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission

Source: Constitución Política: Art.105 Ley de Elecciones: Arts.115 al 119
Last updated: 2005-04-25 15:41:05 UTC

DD16 Does this agency/department also manage the administration of national elections?
a. Yes

Source: Constitución Política: Arts.116 y 209 Ley Orgánica de Elecciones: Arts.115 al 119
Last updated: 2005-04-25 15:56:06 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces

Source: Constitución Política: Arts., 103, 104 y 105
Last updated: 2005-04-25 16:06:22 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable

Last updated: 2005-04-25 16:08:31 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces

Source: Ambos por iniciativa popular y, por iniciativa del Consejo Provincial o del Consejo Cantonal, con el voto de las 3/4 partes de sus integrantes
Last updated: 2005-04-25 16:16:06 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces

Source: Ley Orgánica de Elecciones: Arts., 119 al 123
Last updated: 2005-04-25 16:22:38 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces

Source: Constitución Política: Arts., 109 al 113
Last updated: 2005-04-25 16:33:59 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Constitución Política: Arts., 103 al 108
Last updated: 2005-04-25 16:42:14 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
d. Not applicable

Last updated: 2005-04-25 16:43:00 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Ley Orgánica de Elecciones: Arts., 119 al 123
Last updated: 2005-04-25 16:45:23 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
d. Not applicable

Last updated: 2005-04-25 22:06:09 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Constitución Política: Arts., 109 a 113
Last updated: 2005-04-26 15:45:32 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments
h. Taxes and public expenditure commitments
i. Other public policy issues

Source: Constitución Política: Arts., 103 al 112 Ley Orgánica de Elecciones: Arts., 115 al 131
Last updated: 2005-04-26 16:47:28 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
k. None

Last updated: 2005-04-26 18:00:49 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
a. Constitutional amendments
h. Taxes and public expenditure commitments

Source: Constitución Política: Arts., 105 y 108
Last updated: 2005-04-26 18:07:29 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
e. None

Last updated: 2005-04-26 18:09:07 UTC

DD31 Who can initiate a referendum at the national level?
c. President
e. Registered electors

Source: Constitución Política: Arts., 105 y 108
Last updated: 2005-04-26 18:17:01 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
c. President
e. Registered electors

Last updated: 2005-04-26 18:36:52 UTC

DD33 Who is responsible for drafting the optional referendum question?
g. Not applicable

Last updated: 2005-04-26 18:38:49 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
b. The numbers of the articles or paragraphs of the legal instruments to which changes are proposed
c. An explanatory text
d. The full text of the proposal

Source: La Constitución y la ley definen porcentajes de firmas respecto del universo electoral, para propuestas de iniciativa ciudadana.
Last updated: 2005-04-26 18:56:09 UTC

DD35 Which of the following, if any, are required to be included in the optional referendum question?
f. Not applicable

Last updated: 2005-04-26 18:56:47 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
b. Independent electoral commission

Source: Ley Orgánica de Elecciones: Art.,127
Last updated: 2005-04-26 19:30:59 UTC

DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
f. Not applicable

Last updated: 2005-04-26 19:31:44 UTC

DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
a. Turnout quorum Consulta Nacional,Seccional,Revocatoria
b. Approval quorum Mayoría Absoluta

Source: Constitución Política: Art.,103
Last updated: 2005-04-26 19:58:29 UTC

DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
d. Not applicable **

Last updated: 2005-04-26 19:59:44 UTC

DD40 What are the requirements for mandatory referendums to pass?
a. Simple majority (>50%)

Source: Constitución Política: Art.,103
Last updated: 2005-04-26 20:09:53 UTC

DD41 What are the requirements for optional referendums to pass?
e. Not applicable

Last updated: 2005-04-26 20:10:49 UTC

DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
f. Other

Source: Constitución Política: Art.103
Last updated: 2005-04-26 20:25:41 UTC

DD43 When is the outcome of a mandatory referendum binding?
a. Always

Source: Constitución Política: Art.,103
Last updated: 2005-04-26 20:30:23 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
c. Other (specify)

Source: Constitución Política: Art.,105
Last updated: 2005-04-26 21:03:38 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
c. Other (specify)

Source: web jcg.Madronal La Democracia Directa en América Latina. Abril de 2004.
Last updated: 2005-04-28 19:28:27 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
a. Constitutional amendments
h. Taxes and public expenditure commitments

Source: Constitución Política: Art.,105
Last updated: 2005-04-28 19:41:02 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
a. Constitutional amendments
h. Taxes and public expenditure commitments

Source: Web Observatorio Electoral
Last updated: 2005-04-28 21:16:58 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 Av. 6 de Diciembre 3606 y Bosmediano, Quito, Ecuador
c. Telephone (593-2) 2462736 / 332 / 459 / 646
d. Facsimile (593-2) 2266113
e. Email [email protected] ; [email protected]
f. Website Address www.tse.gov.ec
g. Name and Title of Chairperson/President Ing. Jorge Acosta Cisneros
h. Information Officer Coordinación de Relaciones Internacionales
i. Official language of the electoral law governing national elections Español

Source: Website Tribunal Supremo Electoral
Last updated: 2008-02-15 19:40:29 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
d. Other kinds of elections (church, union, etc.) Please specify.

Comments: This organism is responsible for the elections at National, Provincial, and Cantonal level, Rural Parochial Meetings and of representatives to deliberate organism of international competition such as the Andean Parliament.
Source: Political Constitution and Organic Law of Elections
Last updated: Mon, 08 Sep 2003 22:32:31 GMT

EM04 The budget of the national electoral management body is determined by:
a. The President
c. The legislature

Comments: Their budget is part of the sections globals generals of the General Budget of the State for the electoral function. It is proposed by the Executive to the National Congress, distributed by the Electoral Supreme Tribunal and official statement to the Ministry of Economy and Finances.
Source: Political Constitution, Art.58 Organic Law of Elections, Arts.20,180 and 181
Last updated: 2008-02-15 19:44:23 UTC

EM05 The expenditures of the national electoral management body are controlled by:
g. Other

Comments: The expenses are controlled by the General Controllership of the State, that is an independent regulatory organism.
Source: Political Constitution, Art.211
Last updated: Mon, 08 Sep 2003 23:10:47 GMT

EM06 The term of the members of the national electoral management body is:
c. For an unspecified period

Comments: The Electoral Supreme Tribunal is the maximum electoral organism of the Republic of Ecuador. It is a body corporate of Public Law, with administrative and economic autonomy, of permanent character.
Source: Political Constitution, Art.209 Organic Law of Elections.Art.18
Last updated: 2008-02-15 19:44:23 UTC

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 24.327.915 USD

Last updated: 2008-02-15 19:40:29 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: 8.154.424

Last updated: 2008-02-15 19:40:29 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 Approximately 3 USD
b. Exchange rate used American Dollar

Last updated: 2008-02-15 19:40:29 UTC

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?

Last updated: 2008-01-21 13:18:17 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: The President of the Republic is the Head of State and of Government
Source: Art.1, 164 y 165 de la Constitución Política.
Last updated: 2008-02-15 19:14:23 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 and Vicepresident are chosen by absolute majority, in universal, same, direct and secret form. If one doesn't obtain absolute majority is carried out second turn, unless than take out more than 40% and a superior difference to 10 points with which continues him.
Source: Art. 165 de la Constitución Política y Art. 46 de la Ley Orgánica de Elecciones.
Last updated: 2004-09-02 13:42:20 UTC

ES03 Does the country have a president?
a. Yes

Source: Arts. 1 y 146 de la Constitución Política.
Last updated: Tue, 29 Jul 2003 21:25:40 GMT

ES04 The national legislature consists of (one/two chambers):
a. One chamber

Comments: The National Congress is integrated by Deputies chosen by each county.(100 congressman elects by 22 provinces )
Source: Political Constitution, Art.126
Last updated: 2008-02-15 19:12:25 UTC

ES05 What is the electoral system for Chamber 1 of the national legislature?
j. Other

Comments: Provincial list of provincial representation
Source: Political Constitution art. 99 and Organic Law of Elections
Last updated: 2008-02-15 19:14:23 UTC

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
b. Women - proportion of total seats (%) 35% ( and 5% more in each election until arriving to 50% )

Last updated: 2008-02-15 17:53:43 UTC

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable Not applicable

Last updated: 2008-02-15 17:53:43 UTC

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
b. Separate legislation

Comments: The Organic Law of Elections N¡ 59 of 1986 (Law that is supplemented with the Law of Political Parties and Control of Expense and the Electoral Propaganda), coded by the Legislation and Code at the 05.07.2000.
Source: Organic Law of Elections
Last updated: Mon, 08 Sep 2003 20:49:56 GMT

LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
a. January 2000 or later

Comments: Modified by Law N¡ 2002-76, published the 08.08.2002.
Source: Organic Law of Elections
Last updated: Mon, 23 Feb 2004 20:15:37 GMT

LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections
d. Referendums
e. Other

Comments: The National Electoral Law regulate the elections at National, Provincial and Cantonal level, the Popular Consultations and those regarding the Abrogative of Command.
Source: Organic Law of Elections
Last updated: Mon, 08 Sep 2003 21:02:33 GMT

LF04 Is voting on the national level voluntary or compulsory?
b. Voting is compulsory and regulated in the electoral law

Comments: Since 1936, voting is obligatory and its lack is sanctioned by the Law. Optional for illiterates and older 65 years. The members of the public force in active service do not make use of this right. The non-voters faces a fine sanction.
Source: IFES Manatt Fellow Research on Compulsary Voting and Voting Age (August 2000); Political Constitution, Art.27; Organic Law Elections, Arts.1,2 and 153; International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2006-11-17 12:47:42 UTC

LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
b. National elections are held on the same day as regional and local elections

Comments: The third Sunday of October each four years is carried out Presidential Elections, Andean Parliament, Deputies to the National Congress and minorities of Provincial Consultants or Municipal Councilman. The third Sunday of October, two years after the previous one, is carried out elections of Provincial Prefects, Cantonal Mayors, majorities of Provincial Consultants, Municipal Councilman and of Members of the Rural Parochial Meetings.
Source: Organic Law Elections, Arts.46 and 49.
Last updated: 2006-11-17 12:47:42 UTC

LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
b. Presidential elections are held on the same day as national legislative elections

Comments: The third Sunday of October each four years is carried out Presidential elections, Parliamentarian and the minority of Municipal Town Councils.
Source: Organic Law of Elections, Art.46
Last updated: Mon, 08 Sep 2003 21:32:20 GMT

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
b. EMB

Comments: The Electoral Provincial Tribunals.
Source: Organic Law Elections, Art.23 and 91
Last updated: Mon, 08 Sep 2003 21:33:30 GMT

LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable

Source: Organic Law Elections, Art.22
Last updated: Mon, 04 Aug 2003 19:25:13 GMT

LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
b. Parties

Comments: Through the Art.96 of the Organic Law of Elections. The Regulation to the Law of Elections that is effective was published in the supplement of the Official Registration N¡39 of date March,20.2000.
Source: Organic Law of Elections, Art.96 and Arts.71 and 79 of Regulate to the Organic Law of Elections.
Last updated: 2006-11-17 12:47:42 UTC

LF10 What body(ies) is the final appellate authority for formal electoral disputes?
a. Electoral Management Body

Comments: The Electoral Supreme Tribunal.
Source: Organic Law of Elections, Art.90; Title IV, Chapters I and II of General Regulation of the Organic Law of Elections and Art.87 of Regulate to the Organic Law of Elections.
Last updated: Tue, 25 Nov 2003 17:09:03 GMT

LF11 Which body(ies) proposes electoral reforms?
a. Election Management Body
b. Legislative Committee
e. Legislature
f. Other

Comments: The initiative in the presentation of electoral reforms it corresponds at President of the Republic, Deputies, Supreme Court, Commission of Legislation and Codification, and in these matters also to the Electoral Supreme Tribunal. It should also be considered the popular initiative.
Source: Political Constitution, Arts.144,145 and 146 Organic Law of Elections, Art.21
Last updated: 2006-11-17 12:47:42 UTC

Media and Elections

ME01 Please provide information about the person completing the questionnaire.

Last updated: 2007-01-17 08:42:43 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2007-01-17 08:42:43 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 08:42:43 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 08:42:43 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Last updated: 2007-01-17 08:42:43 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 08:42:43 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
h. Not applicable

Comments: There is no allocation of free broadcast time or free printed advertisement space to political parties.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Last updated: 2007-01-17 08:42:43 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) 1 000 000 Euros

Comments: For example, the maximum amount for presidential elections is 1 000 000 Euros.
Source: Jose Gabriel Teran Varea, Adviser, Tribunal Supremo Electoral
Last updated: 2007-01-21 13:48:07 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 08:42:43 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 08:42:43 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 08:42:43 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 08:42:43 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections

Comments: There is usually debates in the run-up to the presidential elections. However, in the 2002 elections, there was none.
Source: Jose Gabriel Teran Varea, Adviser, Tribunal Supremo Electoral
Last updated: 2007-01-21 13:48:07 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2007-01-17 08:42:43 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
f. 10 or more days

Comments: 20 days.
Source: Jose Gabriel Teran Varea, Adviser, Tribunal Supremo Electoral
Last updated: 2007-01-21 13:48:07 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)
c. Regional distribution requirement
f. Other

Comments: The Political Parties, so that the Electoral Supreme Tribunal qualifies them as such, they should to observe requirements such as: Number of signatures that should be 1.5% of Electoral Registration, Supporter Structures at least in half of the counties, Ideological Principles, Statutes, Government Plan and to be valid at least six months before the Convocation to Elections. Completed these permanent requirement, the party can present candidacies to all the elections. The law also authorizes the validity of Independent Movements of occasional or permanent character and that candidates can present. If they are permanent, what means that they completed requirement they can inscribe candidacies without filling other formalities. If they are occasional, should accompany a number of equivalent signatures to 1% of the total of citizens inscribed in the respective Electoral Register.
Source: Political Constitution, Arts.114 and following and 126. Organic Law of Elections, Arts.54,55, and 70.
Last updated: 2006-11-15 16:17:29 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable

Comments: The National Congress consist in one chamber.
Source: Political Constitution, Art.126
Last updated: Thu, 27 Nov 2003 16:14:05 GMT

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
c. Country of birth
d. Residence
f. Registration

Comments: It is required to be Ecuatorian by birth, to be in possession of the political laws, to be at least 25 years old to the moment of the inscription of candidacy and being born in the respective county or to have had residence there in an uninterrupted way at least during the last three years immediately previous to the election. It will also present a Government Plan.
Source: Political Constitution, Art.127 Organic Law of Elections, Arts.54 and 56
Last updated: 2006-11-15 16:17:29 UTC

PC06 What can disqualify a candidate at legislative elections?
a. Current criminal incarceration
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
o. Other

Comments: Besides those enumerated, also to be magistrate or judge of the judiciary, those that have carried out executive activities in "de facto" government and in general, the loss of the possession of civil rights.(It is nacessary to point out that there is disposition prohibiting the candidacy to any dignity of popular election, and the causal ones are enumerated in the Art.101 of the Political Constitution). Also in general for all candidacy that has to be inscribed by the electoral authority that should confirm that the candidates gather all the requirements pointed out in the law. Consequently, the case doesn't exist of disqualifying a candidate but rather the candidate doesn't register.
Source: Political Constitution, Arts.28 and 101 Code Law of Elections, Art.38
Last updated: 2006-11-15 16:17:29 UTC

PC07 What can disqualify a candidate at presidential elections?
a. Current criminal incarceration
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
p. Other

Comments: Apart from signal ones, also to be wife, son or brother of the President in exercise; magistrate of judge of the judiciary; those that have carried out executive activities in "de facto" government and all those that have lost the possession of the Civil Rights. (It is also applied the explanation of the previous question)
Source: Political Constitution, Arts.28,101 and 166 Organic Law of Elections, Art.38
Last updated: 2006-11-15 16:17:29 UTC

PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections

Comments: The Independent ones, those not affiliated to Political Party, they can be presented as candidates to all election.
Source: Political Constitution, Art.98 Organic Law of Elections, Arts.70 and following
Last updated: 2006-11-15 16:17:29 UTC

PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
a. Signature requirement (specify)

Comments: It should present an equivalent patronage of signatures to 1% of the registered voters, except for the political movements that in the last two general elections reached the 0.05% of the valid votes.
Source: Organic Law of Elections, Art.72
Last updated: Thu, 25 Sep 2003 22:03:46 GMT

PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
e. Not applicable

Comments: The National Congress consist in one chamber.
Source: Political Constitution, Art.126
Last updated: Thu, 25 Sep 2003 22:10:10 GMT

PC11 If independent candidates can compete in presidential elections, what are the registration requirements?
a. Signature requirement (specify)

Comments: It should present an equivalent back of signatures to 1% of the registered voters, except for the independent political movements that in the last two elections reached 0.05% of the valid votes, and the candidate should also present his action plan.
Source: Political Constitution, Art.98 Organic Law Elections, Arts.64 and 72
Last updated: 2006-11-15 16:17:29 UTC

PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect

Comments: They receive subsidies of the State and they enjoy tributary excuses. In any event alone the parties that have received 0.04% of the valid votes at least in the national elections are entitled to electoral financing.
Source: Arts.32, 57 and following of the Organic Law of Political Parties given at 20.10.2000 by the Commission of Legislation and Code of the Honorable National Congress
Last updated: Mon, 13 Oct 2003 20:16:28 GMT

PC13 If political parties receive direct/indirect public funding, when do they receive this?
c. As related to the election period and between elections

Comments: The State contributes to the financing of the parties by means of the Permanent in Favor Fund, and in years of elections, the General Budget of the Nation contemplates another part for the reinstatement of the Electoral Expense. The tributary excuses are permanent.
Source: Code Organic Law of Political Parties, Arts.32,59 and 60
Last updated: Wed, 15 Oct 2003 21:19:33 GMT

PC14 If political parties receive indirect public funding, identify the type of funding:
b. Tax credits

Comments: Exempt tributary
Source: Code Organic Law of Political Parties, Art.32
Last updated: Wed, 15 Oct 2003 22:01:30 GMT

PC15 What is the basis of the public funding?
a. Equal funding, regardless of size and previous performance
b. Based on result of previous election

Comments: The Permanent Fund is distributed 60% equitable and 40% in proportion to the votes obtained in the last national elections. The quantity dedicated to the electoral expense is also distributed in proportion to the obtained voting. The indirect financing is equitable.
Source: Code Organic Law of Political Parties, Arts.32,59 and 60
Last updated: Wed, 15 Oct 2003 22:33:50 GMT

PC16 If political parties receive public funding, what is the specified purpose?
a. General party administration
b. Election campaign activities

Comments: The objetives of the government funding are the general administration of the parties and the activities of the electoral campaigns.
Source: Political Constitution, Art.114 Code Organic Law of Political Parties, Arts.59 and 60
Last updated: 2006-11-15 16:17:29 UTC

PC17 Are political parties entitled to private funding?
a. Yes

Source: International IDEA (2004) "A Challenge for Democracy; Political Parties in Central America, Panama and the Dominican Republic
Last updated: 2006-11-15 16:17:29 UTC

PC18 If political parties are entitled to private funding, for what period?
c. As related to the election period and between elections

Comments: They receive deprived financing in both periods, the legislation doesn't outline that limitation.
Source: Code Organic Law of Political Parties.
Last updated: Thu, 16 Oct 2003 14:28:06 GMT

PC21 Who is responsible for administering and enforcing party income/funding regulations at national level?
a. National Electoral Management body

Comments: The control and trial of the electoral expense and of the electoral propaganda they will be in charge of the Electoral Supreme Tribunal in the case of the elections of national character and of the Electoral Provincial Tribunals in the rest of the cases.
Source: Organic Law of Control of Electoral Expense and Electoral Propaganda, Art.8
Last updated: 2006-11-15 16:17:29 UTC

Vote Counting

VC01 What are the characteristics of ballots used at national legislative elections (Chamber 1)?
a. Single ballot (all registered parties listed)
f. Same ballot papers used nationwide
h. Party symbols in color
j. Candidate photos in color
r. Other

Comments: Besides the signal ones, they also take the name of the party, the name and the candidates number. The list is an alone one for each election according to the district that corresponds him. One stops Andean Parlamentarian and one for Consultants, Councilmen and Rural Parochial Meetings, varying the names that it corresponds to the district.
Source: Organic Law of Elections
Last updated: Fri, 17 Oct 2003 21:26:04 GMT

VC02 What are the characteristics of ballots used at national legislative elections (Chamber 2)?
s. Not applicable

Comments: The Congress has alone one Chamber.
Source: Political Constitution, Art 126
Last updated: Fri, 17 Oct 2003 21:27:09 GMT

VC03 What are the characteristics of ballots used at presidential elections?
a. Single ballot (all registered parties/candidates listed)
d. Categorical (only possible to make one mark)
f. Same ballot papers used nation-wide
h. Party symbols in color
j. Candidate photos in color
r. Other

Comments: Besides the signal ones, they also take the name of the party, the nsme and the candidates number. The list is an alone one for President and Vicepresident.
Source: Organic Law of Elections Electoral Supreme Tribunal website
Last updated: Thu, 27 Nov 2003 20:28:24 GMT

VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations

Comments: Inmediately of ended the vote, will begin the scrutiny at the polling station inside the voting centre.
Source: Organic Law of Elections, Art.84 Regulation to the Organic Law of Elections
Last updated: Thu, 27 Nov 2003 20:30:35 GMT

VC05 What procedures are used in the initial count?
a. Separate ballots for different elections
b. Preliminary count of all ballots in ballot box
c. Tally of voters who voted
d. Number of ballots in box reconciled against number of voters
e. Number of ballots reconciled against ballots initially received (minus spoilt and unused)
f. Each ballot paper held up for public scrutiny, with name of party/candidate called out loud
g. Single tallying as voters are being called out
j. Sorted into piles according to individual party/candidate
l. Counted by hand
p. Copies of results of the count are publicly posted at the counting site immediately on the completion of the count
s. Copies of results are provided to party agents

Source: Organic Law of Elections, Art.84 Regulation to the Organic Law of Elections
Last updated: Thu, 27 Nov 2003 20:35:34 GMT

VC06 Following the sorting and counting, to where are the results first transmitted for consolidation?
f. Other

Comments: To the corresponding Electoral Provincial Tribunal (22 at national level), where they are carried out the consolidated scrutinies and the distribution of the Congress seats is made.
Source: Art.84 Organic Law of Elections and Regulation to the Organic Law of Elections
Last updated: Wed, 22 Oct 2003 19:56:59 GMT

VC07 At what levels are seats allocated?
e. Other

Comments: Regarding national elections, the Andean Parliamentarian are awarded to national level, the Deputies and Provincial Consultants at provincial level, the Municipal Councilmen at communal level.
Source: Art.85 and following of the Organic Law of Elections and Regulation to the Organic Law of Elections
Last updated: Fri, 24 Oct 2003 15:12:45 GMT

VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?
h. Other

Source: Organic Law of Elections, Title IV, Chapter III and Regulation to the Organic Law of Elections
Last updated: Thu, 28 Aug 2003 17:50:03 GMT

VC09 If the polling results are physically transported, what is transported?
h. Other

Last updated: Thu, 28 Aug 2003 19:48:10 GMT

VC11 Under what conditions are ballots recounted?
b. Always recounted

Comments: The denominate "recount" for the Ecuatorian electoral system, it is the true provincial scrutiny, that in the case of provincial elections: Deputies, Consultants and Councilmen are already definitive and in the case of national elections: President and Andean Parliamentarian has the definitive instance in the scrutiny that makes the Electoral Supreme Tribunal.
Source: Arts.85 and 93 of the Organic Law of Elections and Regulation to the Organic Law of Elections
Last updated: Fri, 24 Oct 2003 21:14:53 GMT

VC12 If automatically recounted, what is the trigger?
e. Not applicable

Comments: There is always recount.
Source: Organic Law of Elections and Regulation to the Organic Law of Elections
Last updated: Mon, 27 Oct 2003 18:54:10 GMT

VC13 If ballots are recounted by request, who can make the request?
a. Political parties
b. An individual candidate

Comments: As it has been pointed out previously, the denominated "recount" for the Ecuatorian legislation it is the provincial scrutiny, and inside that scrutiny and still after having proclaimed the results in the term of 48 hours, the political parties and the candidates, they can present objections and appeals.
Source: Organic Law of Elections and Regulation to the Organic Law of Elections
Last updated: Mon, 27 Oct 2003 19:33:58 GMT

VC14 If recounted, who conducts the recount?
a. National Election Management body
b. Regional Election Management body

Source: Arts.85 and 93 of the Organic Law of Elections and Regulation to the Organic Law of Elections
Last updated: Fri, 29 Aug 2003 19:24:29 GMT

VC16 If preliminary results are announced, how long after the close of polls is this done?
a. hours: 6 horas (1° vuelta) ; 2 1/2 (2° vuelta)

Comments: In the first presidential turn of the October 20,2002, the preliminary results were announced after six hours of the close of polls and in the second presidential turn of November 24,2002 these were announced after two and half hours of the close of polls.
Source: Electoral Supreme Tribunal
Last updated: Mon, 27 Oct 2003 20:09:43 GMT

VC17 Is there a legal requirement for the declaration of the officially certified results?
a. Yes

Comments: The law says that the scrutinies, beginning at 21:00 hours the night of elections day, they should last at least 10 days, but being national election, specially in the areas more populated as Pichincha and Guayas, the official results delay much more, in the case of Guayas in 1998 delayed 34 days.
Source: Electoral Supreme Tribunal
Last updated: Mon, 27 Oct 2003 20:44:30 GMT

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
h. Political parties/ candidates

Comments: The Electoral Supreme Tribunal and the Electoral Provincial Tribunals carry out the training and electoral information at alls the levels, generally with specialized international consultantship. They also make it the political parties inside their electoral campaigns.
Source: Electoral Supreme Tribunal
Last updated: Wed, 26 Nov 2003 20:21:59 GMT

VE02 At the national level, how often are voter education programs conducted?
c. Other

Comments: In the non electoral years they are carried out training seminars for leaders from the electoral function to national level.
Source: Electoral Supreme Tribunal
Last updated: Wed, 26 Nov 2003 20:28:37 GMT

VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
a. No

Comments: The Electoral Supreme Tribunal signed agreement with the Ministry of Public Education with the objective of changing the educational system to incorporate obligatory subjects on these topics. The political discontinuity has not allowed to deepen mostly.
Source: Electoral Supreme Tribunal
Last updated: Wed, 26 Nov 2003 21:25:30 GMT

VE04 What types of voter education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
c. Simulation exercises
g. Internet

Source: Electoral Supreme Tribunal
Last updated: Mon, 08 Sep 2003 13:41:01 GMT

VE05 What types of civic education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
c. Simulation exercises
e. Public meetings
h. Handouts (printed material)

Source: Electoral Supreme Tribunal
Last updated: Mon, 08 Sep 2003 13:47:04 GMT

VE06 Special voter education programs were developed at the most recent national elections for:
a. Disabled
b. Young people/ first time voters
c. Women
d. Ethnic minorities
e. Indigenous groups
f. Illiterates

Source: Electoral Supreme Tribunal
Last updated: Mon, 08 Sep 2003 13:51:20 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: They are denominated "Meetings of Receiving of Votes", there will be one for each electoral census and they are the in charge ones of to receive the votes and to make the scrutinies of the Meetings according to the law.
Source: Organic Law of Elections, Art.27
Last updated: Thu, 16 Oct 2003 18:34:44 GMT

VO04 Who can vote from outside the country?
b. Citizens residing outside the country

Comments: The ecuatorians that live overseas they can to choose President and Vicepresident in the place of their registration or census. This registration are managed by the diplomatic and consular representatives.
Source: Political Constitution, Art.27 Organic Law of Elections, Art.99 Organic Law NÁ 81 (2002) for the Vote of Ecuatorians overseas
Last updated: Thu, 16 Oct 2003 19:13:54 GMT

VO05 If voting outside the country is permitted, at what places?
b. Consulates

Comments: The voters should go to the respective Consulates.
Source: Organic Law of Elections NÁ81, Art.2 for the Vote of Ecuatorians overseas
Last updated: Thu, 16 Oct 2003 20:12:54 GMT

VO06 Can people vote in advance of the designated national election day(s)?
a. No

Comments: The law determines the day in that should be carried out the elections, it is indicated it expressly in the Electoral Convocation.
Source: Organic Law of Elections, Arts.45 and 46
Last updated: Thu, 27 Nov 2003 16:59:43 GMT

VO07 If electors can vote in advance of the designated national election day(s), how may they do so?
f. Not applicable

Comments: Another date is not allowed.
Source: Organic Law of Elections
Last updated: Thu, 16 Oct 2003 20:33:24 GMT

VO08 If electors can vote in advance of the designated national election day(s), specify who:
g. Not applicable

Comments: It is not allowed to vote in another date different to the one dictaded by the law.
Source: Organic Law of Elections
Last updated: Thu, 16 Oct 2003 20:35:40 GMT

VO11 How do electors cast their votes?
a. By manually marking the ballot

Comments: The citizen can vote for the whole list or to choose some candidates until completing the number of dignities to choose.
Source: Organic Law of Elections, Art.74
Last updated: Thu, 27 Nov 2003 20:08:57 GMT

Voter Registration

VR01 What is the legal voting age in the national elections?
c. 18

Comments: The minimum age to vote is of 18 years of age.
Source: Political Constitution, Art.27 and Organic Law of Elections, Art.5 IFES Manatt Fellow Research on Compulsary Voting and Voting Age (August 2000)
Last updated: Tue, 25 Nov 2003 20:49:44 GMT

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
e. Other

Comments: Requires to be in possession of their political rights.
Source: Political Constitution, Art.27 Organic Law of Elections, Art.5
Last updated: Tue, 25 Nov 2003 20:53:54 GMT

VR03 What restrictions on registering to vote and voting exist in the country?
a. Criminal Incarceration
d. Mental disability
e. Military Service
h. Other

Comments: Besides those enunciated, they are restricted for their inscription those people that have lost the nationality, those sanctioned with suspension of political laws and those that are in judicial interdiction. The military service, not alone when has the character of obligatory (20 years of age), but rather also for all the members of the public force that are in active service.
Source: Organic Law of Elections, Art.38
Last updated: Tue, 25 Nov 2003 21:25:43 GMT

VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)

Comments: The authority responsible for the registration of voters is the Electoral Supreme Tribunal.
Source: Organic Law of Elections, Art.11 General Regulation of the Organic Law of Elections, Chapter III
Last updated: Tue, 09 Sep 2003 20:46:45 GMT

VR05 What is the registration method for national elections?
a. National citizens register

Comments: The Electoral Supreme Tribunal elaborates the National Citizens Register signed up in the Civil Registration of Identification and it upgrades them and it purifies of agreement with the information provided by the Civil Registration of Identification.
Source: Organic Law of Elections, Arts. 4,36 and following
Last updated: Tue, 09 Sep 2003 21:26:30 GMT

VR06 How frequently is the voters register updated?
a. Continuously

Comments: The General Direction of the Civil Registration and Identification, give to the Electoral Supreme Tribunal daily the list of sign up citizens.
Source: Organic Law of Elections, Art.36 and following
Last updated: Tue, 25 Nov 2003 21:30:27 GMT

VR07 What methods are used to compile and update the voters register?
g. Data matching with other agencies information
j. Other

Comments: The General Direction of the Civil Registration and Identification have the obligation of to give the list of the citizens with identity card daily and to communicate the resolutions that suppress the names of died people. The citizens can also change their home or to upgrade data personally and in writting in the corresponding Electoral Provincial Tribunal.
Source: Law Code of Elections, Arts.39,40 and 41
Last updated: Tue, 25 Nov 2003 22:00:06 GMT

VR08 Is it compulsory to be on the voters register?
a. Yes

Comments: The inscription is automatic when the person appears in the files of the General Direction of the Civil Registration and Identification, and when turning 18 years (lawful age).
Source: Organic Law of Elections
Last updated: Wed, 26 Nov 2003 13:35:28 GMT

May 20, 2008 08:18 AM