Draft bill 23.

Summary.

The draft bill proposes a nationwide plebiscite on whether the Republic of Panama should remain in the Central American Parliament (Parlamento Centroamericano, PARLACEN). A ballot would present the question to citizens, who would answer affirmatively or negatively on whether they agree that the Republic of Panama should remain in that institution. The proposed call for a plebiscite would put this question to a public vote under the procedure set out in the draft bill. Each voter’s ballot would express a favorable or unfavorable response to continued membership.

The Electoral Tribunal (Tribunal Electoral) would set the date of the plebiscite. Under the proposed timetable, voting would take place within the period of two years following promulgation of the law. The provision leaves the Electoral Tribunal to choose the specific date within that period. Every Panamanian citizen would have the right to vote in the plebiscite, subject to the rules in Articles 9 and 10 of the Electoral Code (Código Electoral). The draft bill thus connects the exercise of voting rights in this plebiscite to the electoral provisions it expressly identifies for participating citizens.

Campaigning and publicity concerning the plebiscite would be governed by Chapter III of Title V of the Electoral Code. Where provisions are incompatible or legal gaps arise in applying that framework, the draft bill provides for regulations issued by the Electoral Tribunal. That authority would allow the Tribunal to set rules for campaigning and publicity in the circumstances identified by the article. The references to the Electoral Code and to Electoral Tribunal regulations together form the proposed framework for activities associated with the vote.

After the plebiscite, the Electoral Tribunal would publish the result. The draft bill expressly provides that the result would be nonbinding: the vote would record citizens’ answers to the question posed without making the outcome legally binding. In addition to setting the date, publishing the result and issuing the regulations contemplated for the campaign, the Electoral Tribunal would call, organize, regulate, finance and direct the plebiscite in the exercise of its legal powers and in accordance with the draft bill. The proposed law would enter into force on the day following its promulgation.

The public bodies connected with the proceedings and subject matter are the National Assembly (Asamblea Nacional), its Government, Justice and Constitutional Affairs Committee (Comisión de Gobierno, Justicia y Asuntos Constitucionales), and the Electoral Tribunal. The proposed consultation concerns the citizens of Panama and the Republic of Panama’s relationship with the Central American Parliament. Its subject matter could interest citizens and those involved in electoral campaigning and publicity.