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ARTICLE 68
 

Deregistration


Excepting the provisions relating to coalitions, the Electoral Registry shall immediately deregister political parties that do (not participate)* not obtain a number of votes equivalent to or greater than the number of membership subscriptions required in this Act in the respective election.


(*) In final judgment N.° 16592-2011 from November 30, 2011 at 15:30 hours, the Supreme Court declared the phrase “do not participate” included in Article 68 of the Electoral Act as VOID due to unconstitutionality. 


Background: The regulation states that except for the provisions relating to coalitions, the Directorate General of the Civil Registry shall immediately deregister political parties that do not participate or obtain a number of votes equivalent to or greater than the number of membership subscriptions required in this Act in the respective election. In the appellant's view, the regulation in question undermines the principle of political pluralism, the rights of minorities and democratic principles since intervening, or actively participating in national politics, is not merely related to the elections. It is claimed that the regulation in question openly favors mainstream parties and leaves several social minority groups without representation and with political parties that face more economic, organizational and working difficulties that –in many cases– keep them from participating in all electoral processes or from being successful at the ones they participate in. On the other hand, it is pointed out that Article 68 of the Electoral Act lays down an automatic penalty although there is no contravention or breach of a legal liability. It emphasizes that the deregistration of a political party is a measure or a sanction that should take place only after the due diligence and the right of defense caused by duly classified serious grounds, namely actions prohibited by the law. The operative paragraph is transcribed as follows:


The action filed is declared admissible and, consequently, the phrase “do not participate” included in Article 68 of the Electoral Act, Law N.° 8765 of August 19, 2009 is VOID due to unconstitutionality. Its current text is as follows: “Article 68 - Excepting the provisions relating to coalitions, the Electoral Registry shall immediately deregister political parties that do not obtain a number of votes equivalent to or greater than the number of membership subscriptions required in this Act in the respective election.” This judgment has declaratory and retroactive effects to the valid date of the annulled regulation without prejudice to the rights acquired in good faith. This declaration shall be informed to the Legislative and Executive branches. This declaration shall be reviewed at the Official Journal and published entirely at the Judicial Journal. To be notified. Justice Calzada Miranda offers distinct motives. Justice Cruz and Justice Castillo comment.”


Complete judgment N.° 16592-2011 was published at the Judicial Journal N.° 57 of March 20, 2012.