Legislative Framework

Costa Rica

LF001

Question:	What is the status of the electoral law governing national elections?
Answer(s):	b. Separate legislation
Comments:	Although the National Constitution establishes the fundamental provisions regarding elections, there is a specific legislation to regulate the organization and the process of elections.
Source:	Electoral Law: “Ley 8765: Código Electoral”, art. 3: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-ley-8765-codigo-electoral-2018.pdf/
Verified:	2018/01/24

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LF003

Question:	The national electoral law covers:
Answer(s):	a. National elections c. Local elections d. Referendums
Comments:	It regulates the elections for president and vice-president, for members of Parliament, majors, municipal trustees, and aldermen, as well as members of district and municipal councils.
Source:	Constitution: “Constitución Política de la República de Costa Rica”, art. 102: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-constitucion-politica-reformas-2015.pdf/; Electoral Law: “Ley 8765: Código Electoral”, art. 150: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-ley-8765-codigo-electoral-2018.pdf/
Verified:	2018/01/24

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LF004

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	c. Voting is compulsory and regulated in the constitution
Comments:	Although the Constitution establishes the mandatory nature of suffrage, there is no sanction for the people who do not vote.
Source:	Constitution: “Constitución Política de la República de Costa Rica”, art. 93: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-constitucion-politica-reformas-2015.pdf/
Verified:	2018/01/24

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LF007

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	b. EMB
Comments:	Electoral challenges and disputes are solved by provincial and cantonal electoral boards, and by the General Directorate of the Civil Registry. Their judgements may be appealed before the Supreme Elections Tribunal. However, it is possible to resort directly to the Tribunal by means of an electoral challenge and a voiding action.
Source:	Constitution: “Constitución Política de la República de Costa Rica”, art. 102: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-constitucion-politica-reformas-2015.pdf/; Electoral Law: “Ley 8765: Código Electoral”, art. 12:http://aceproject.org/ero-en/regions/americas/CR/costa-rica-ley-8765-codigo-electoral-2018.pdf/
Verified:	2018/01/24

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