Bill 699.

Summary.

The bill adds a statement of purpose to the Electoral Code (Código Electoral) and distinguishes the right to vote from the right to stand for election, in accordance with the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá). It revises voting requirements and grounds for suspension of the right to stand. Under specified conditions, electoral personnel and staff of other institutions on duty could vote away from their assigned polling station. Polling stations could also operate in prisons, hospitals and care centers for older adults. The proposal regulates advance internet voting for specified voters and offices, distinguishes the electoral register from the electoral roll, and allows changes of residence to be reported in person or digitally.

The electoral roll provisions set periods for challenges and correction requests, identify who may bring them and assign responsibility for deciding them. Electoral Administrative Courts (Juzgados Administrativos Electorales) would hear challenges filed through counsel, while the National Directorate of Electoral Organization (Dirección Nacional de Organización Electoral) would handle correction requests without that requirement. Electoral residence could be supported by a free certificate from a community judge. Certain public officeholders would have to resign to remain eligible as candidates. The bill sets the timing of resignation and provides for disqualification, invalidity of a nomination and repayment of salaries where its rules are breached. The Office of the Comptroller General of the Republic (Contraloría General de la República) would take part in salary recovery.

For political parties, the bill revises formation requirements, objections to applications, opportunities to cure defects, withdrawal during formation and changes to founding documents. Party rules would have to address political violence against women, bodies representing women, young people and persons with disabilities, and gender parity mechanisms. It regulates internal elections, access to the electoral roll for aspirants, party rights and duties, retention and disclosure of financial records, and review of internal decisions. It also sets procedures for alliances, mergers and dissolution, changes the grounds for party extinction and recognizes the Citizen and Independent Candidacy Forum (Foro Ciudadano y de Libre Postulación) as a consultative body of the Electoral Tribunal (Tribunal Electoral). These provisions refer to Law 184 of 2020 (Ley 184 de 2020) and Law 6 of 2002 (Ley 6 de 2002).

The proposal describes the functions of the Electoral Prosecutor General’s Office (Fiscalía General Electoral), changes the Electoral Tribunal’s budget and personnel administration, and addresses direct contracting following a declared emergency. It reorganizes polling stations and counting boards, including the National Counting Board for deputies to the Central American Parliament (Junta Nacional de Escrutinio para diputados al Parlamento Centroamericano). It distinguishes polling station counts from general counts, provides for party and independent candidate observers, and regulates the transmission of records and declarations of elected candidates. It revises public financing before and after elections, allocation of funds, permitted expenses, accounting, oversight of purchased assets and repayment in specified circumstances. The National Bank of Panama (Banco Nacional de Panamá) would hold party accounts for operating funds.

Subsequent provisions address prohibited donations, income and expense records, electoral advertising and complaints concerning digital media. They revise electoral criminal immunity, election calls, primaries, other party selection methods and independent nominations, including candidacies for the Central American Parliament (Parlamento Centroamericano). They also govern ballots, polling places, publication of results and records, seat allocation and grounds for annulment. The bill changes electoral crimes, offenses, administrative violations, fines and limitation periods, and assigns duties to electoral judges and prosecutors. It adds compulsory collection procedures, challenges and annulment in primaries, electoral public defense, appeals, disqualification and recusal rules, conditional suspension of proceedings and interim measures. It provides for supplementary application of the Judicial Code (Código Judicial), Civil Procedure Code (Código Procesal Civil) and Criminal Procedure Code (Código Procesal Penal) in the relevant proceedings.

Finally, the Electoral Tribunal would prepare a consolidated Electoral Code and order its publication in the Official Gazette. The proposal concerns the Electoral Tribunal, Electoral Prosecutor General’s Office, Electoral Administrative Courts, National Directorate of Electoral Organization, Public Prosecution Service (Ministerio Público) and Office of the Comptroller General of the Republic. Its provisions could affect or interest voters, parties, candidates, public servants, media outlets, advertising agencies, financial institutions and organizations working with women, young people and persons with disabilities in Panama.