Previous deliberations and rulings of the Constitutional Court on electoral matters should be taken into consideration to assist in the interpretation of legal provisions and in the improvement of the electoral law.

Recommendations of the Constitutional Council for the improvement of the electoral process issued in its ruling on validation of results should be implemented in future elections.

The mandate of the members of CNE should be extended for more than five years so that experience in managing electoral processes is gained and lessons learnt pass from one process to another.

CNE should have clear responsibility for the work of all election officials and the duty to refer to the public prosecution office possible malpractices committed during election operations.

A greater period of time should be planned for public exhibition of the voter register. The political parties should also receive copies of the register well in advance before elections.

The national capacity of political parties needs to be strengthened. Political parties should receive training in key legal aspects of the electoral process, namely candidate registration procedures, accreditation and rights of party agents and proper channels to file complaints.

The system of complaints and appeals should be reviewed in order to provide for accountability of electoral malpractices and timely redress of complaints. CNE, provincial and district commissions should receive complaints from political parties regarding irregularities during voting, counting and tabulation that have been refused at the polling station level without the need of a police report of the occurrence, therefore allowing a proper and timely redress of any complaint received.

The closing time of polling stations should be adjusted to ensure that counting can be conducted in a suitable environment with adequate lighting and visibility.

Clear procedures and timetabling on tabulation at district and provincial level should be clearly stated in advance and disseminated to stakeholders.

The Press Law 18/91 needs to be reviewed in order to establish regulations on crucial areas such as radio and TV broadcastings. Those new regulations should ensure a satisfactory regulatory environment for the broadcast media, whilst respecting the principle of freedom of speech. Broadcasters obligations as well as provisions relating to media coverage of elections could be also set up.

The conversion of the Conselho Superior da Comunicação Social (CSCS) to an independent regulatory authority for the audiovisual sector would be very much advisable. The current status of the CSCS, with clear political ties on the composition of its management body, leaves room for criticism on the independence of this institution. CSCS should also take a more proactive role, especially during electoral campaign period in order to ensure objectivity and independence of information and media.

Reinforcing plural information during the campaign period by organizing and broadcasting debates or interviews with candidates on the media, especially on national radio and TV, is advisable in order to provide Parties and Candidates with an extra public platform on which to present their programs to the electorate.

Essential - Given the amount of lacunae that the current Electoral Code accumulates and its lack of internal coherence, after innumerable specific amendments, it is recommended that a new more comprehensive, detailed and coherent Electoral Code be considered. Among the issues that should be developed as priorities in this new Code, the following stand out:
a) A clearer definition of the specific functions and competencies of the TSE collegiate body as well as its decision-making mechanisms.
b) A clearer regulation of the procedures regarding challenges and complaints on electoral matters.
c) The adoption of provisions that will contribute to a better gender balance in the composition of the TSE’s collegiate body and its temporary structures (JED, JEM and JRV).
d) The creation of a mechanism that allows for the effective exercise of the right of suffrage for police and army personnel on active duty, hospitalised patients and detainees on remand that have not been sentenced. It would also be recommendable to establish a legal obligation for the election administration to guarantee the access of people with disabilities to Centres.
e) The regulation of procedures, timeframes and conditions for the deregistration of candidates.
f) The regulation of mechanisms to resolve tied votes in elections.
Addressed to - Legislative Assembly.

Essential - In order to complete the Salvadoran legal framework for elections, the EU EOM recommends that a law to regulate the organisation, operation and ordinary financing of political parties be considered.
Addressed to - Legislative Assembly.

Essential - The Electoral Code should regulate the limits to the political parties’ proselytising activities during the election campaign in more detail, especially regarding the practice of “pinta y pega”, by, for example, allocating predetermined spaces for each of the parties.
Addressed to - Legislative Assembly.
Possible Improvements Suggested - This would contribute to reduce both, the often violent conflict between political party sympathisers in their struggle to spread their campaign material, as well as the indiscriminate and often excessive use of public spaces for such propaganda.

Essential - It would be recommendable to separate the TSE’s administrative and judicial functions.
Addressed to - Legislative Assembly.
Possible Improvements Suggested - The separation of the TSE’s administrative and judicial functions would enable greater efficiency in the organisation of electoral processes that could be under the responsibility of a professionalised and clearly executive directorate within the TSE and under the supervision of the TSE Magistrates. This would allow the magistrates to focus on taking judicial decisions, even against the TSE’s own administrative measures, as well as functions pertaining to the Court’s institutional representation. This would be, naturally more effective, within a TSE free from party interference.

Essential - If the nation-wide implementation of the residential-vote were to be delayed, it would be recommendable that all free transportation of voters towards Polling Centres on Election Day be organised exclusively by the TSE.
Addressed to - TSE.
Possible Improvements Suggested - Political party organised transportation of voters towards Polling Centres creates conditions that are propitious to the inducement of voters during Election Day.

Essential - The EU EOM recommends that for future elections the Census used as a basis for the determination of the number of seats per department and the number of members of Municipal Councils to be elected, be reasonably updated.
Addressed to - Legislative Assembly.

Essential - In order to avoid changes of residence from one municipality to another for purely electoral reasons, the EU EOM recommends that, especially for municipal elections, effective proof of changes of residence be demanded of persons seeking to change their residence in the Register.
Addressed to - Legislative Assembly, TSE, Municipal Offices.
Possible Improvements Suggested - The proof may be obtained through simple procedures, such as requesting a utility bill, a lease agreement, a contract of employment or the school registration of the household’s children.

Essential - For future electoral processes, the introduction of a specific ballot paper for the election of PARLACEN parliamentarians would be a very positive measure.
Addressed to - Legislative Assembly.

Desirable - If the residential vote were to be extended nation-wide, it would be desirable that JEDs and JEMs begin to operate earlier, with respect to Election Day, than in these previous elections.
Addressed to - Legislative Assembly and TSE.

Essential - The Electoral Code authorises JRV members and political party agents to vote in the JRVs where they are deployed, although they are registered in another municipality or department, by manually adding their names to the Voter List. This procedure opens up the possibility for parties to mobilise an important number of voters towards municipalities where previous results have been very close. Therefore, the EU EOM recommends that the possibility of adding voters to Voter Lists on Election Day be limited exclusively to justifiable cases. These cases would include police or army personnel stationed outside their municipality of residence on Election Day. It would also be advisable to prohibit JRV members and political party agents to be deployed in municipalities where they have not been previously registered.
Addressed to - TSE.

Desirable - In order to improve the voting procedures, the Electoral Code could consider the replacement of ballot papers upon the request of voters who may have made a mistake while marking their choice on the ballot, before putting it in the ballot box.
Addressed to - TSE.

Desirable - Due to their vast numbers, the EU EOM recommends that for future elections, a more constant presence of Electoral Attorney Office supervisors be promoted in Polling Centres. Furthermore, it recommends that their functions and procedures be clarified.
Addressed to - Legislative Assembly and the Electoral Attorney’s Office

Essential - The enactment of a law regulating political party access to the media and limiting party spending on propaganda in the media is recommended. Such measures would prevent the reflection of budgetary imbalances between political parties in their media campaigns.
Addressed to - Legislative Assembly.