Guatemala

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Legislative

Question Value
First instance body dealing with electoral disputes
  • EMB (highest level)
Who may file a complaint?
  • Candidate/ Party Representative
  • EMB
Is there a legally mandated filing fee and/or deposit?
  • Not specified
Filing fee/deposit amount (in local currency)
  • Not applicable
Maximum complaint time since occurrence or discovery
  • Immediately
Maximum complaint time since announcement of election results
  • Not specified
Requirement to hold a hearing
  • Not specified
Requirement to issue reasoned decision
  • Not specified
Possibility to appeal
  • Yes
What remedies are available in the first instance?
  • Annulment of results / Cancellation of elections
  • Re-run the election
  • Partial annulment of results / Partial cancellation of elections
Last instance body dealing with electoral disputes
  • EMB (highest level)
Is there a legally mandated filing fee and/or deposit in the last instance?
  • Not specified
Filing/deposit fee amount (local currency) in the last instance
  • Not applicable
Requirement to hold a hearing in the last instance
  • Not specified
Requirement to issue reasoned decision in the last instance
  • Not specified
What remedies are available in the last instance?
  • Review or annulment of the first instance decision.
Number of levels of adjudication
  • 2
Maximum adjudication time for the full EDR process (days)
  • 6 days for the action for annulment; 8 days for the petition for revision

Presidential

Question Value
First instance body dealing with electoral disputes
  • EMB (highest level)
Who may file a complaint?
  • Candidate/ Party Representative
  • EMB
Is there a legally mandated filing fee and/or deposit?
  • Not specified
Filing fee/deposit amout (in local currency)
  • Not applicable
Maximum complaint time since occurrence or discovery
  • Immediately
Maximum complaint time since announcement of election results
  • Not specified
Requirement to hold a hearing
  • Not specified
Requirement to issue reasoned decision
  • Not specified
Possibility to appeal
  • Yes
What remedies are available in the first instance?
  • Annulment of results / Cancellation of elections
  • Re-run the election
  • Partial annulment of results / Partial cancellation of elections
Last instance body dealing with electoral disputes
  • EMB (highest level)
Is there a legally mandated filing fee and/or deposit in the last instance?
  • Not specified
Filing/deposit fee amount (local currency) in the last instance
  • Not applicable
Requirement to hold a hearing in the last instance
  • Not specified
Requirement to issue reasoned decision in the last instance
  • Not specified
What remedies are available in the last instance?
  • Review or annulment of the first instance decision.
Number of levels of adjudication
  • 2
Maximum adjudication time for the full EDR process (days)
  • 6 days for the action for annulment; 8 days for the petition for revision

Legislative

Question Value
First instance body dealing with electoral disputes
  • EMB (highest level)
Who may file a complaint?
  • Candidate/ Party Representative
  • Political Party
Is there a legally mandated filing fee and/or deposit?
  • Not specified
Filing fee/deposit amout (in local currency)
  • Not applicable
Maximum complaint time since occurrence or discovery
  • 3 days
Maximum complaint time since announcement of election results
  • Not applicable
Requirement to hold a hearing
  • Yes
Requirement to issue reasoned decision
  • Not specified
Possibility to appeal
  • No
What remedies are available in the first instance?
  • Not specified
Last instance body dealing with electoral disputes
  • There is only one level of adjudication
Is there a legally mandated filing fee and/or deposit in the last instance?
  • Not applicable
Filing/deposit fee amount (local currency) in the last instance
  • Not applicable
Requirement to hold a hearing in the last instance
  • Not applicable
Requirement to issue reasoned decision in the last instance
  • Not applicable
What remedies are available in the last instance?
  • Not applicable
Number of levels of adjudication
  • 1
Maximum adjudication time for the full EDR process (days)
  • 22 days

Presidential

Question Value
First instance body dealing with electoral disputes
  • EMB (highest level)
Who may file a complaint?
  • Candidate/ Party Representative
  • Political Party
Is there a legally mandated filing fee and/or deposit?
  • Not specified
Filing fee/deposit amout (in local currency)
  • Not applicable
Maximum complaint time since occurrence or discovery
  • 3 days
Maximum complaint time since announcement of election results
  • Not applicable
Requirement to hold a hearing
  • Yes
Requirement to issue reasoned decision
  • Not specified
Possibility to appeal
  • No
What remedies are available in the first instance?
  • Not specified
Last instance body dealing with electoral disputes
  • There is only one level of adjudication
Is there a legally mandated filing fee and/or deposit in the last instance?
  • Not applicable
Filing/deposit fee amount (local currency) in the last instance
  • Not applicable
Requirement to hold a hearing in the last instance
  • Not applicable
Requirement to issue reasoned decision in the last instance
  • Not applicable
What remedies are available in the last instance?
  • Not applicable
Number of levels of adjudication
  • 1
Maximum adjudication time for the full EDR process (days)
  • 22 days

Legislative

Question Value
What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?
  • EMB (lower level)
What types of sanctions can be imposed for campaign finance infractions?
  • Fines
  • Suspension or cancellation of the legal status of the political organisation
Can the imposed sanctions be appealed?
  • Yes
If appeal is possible, what is the competent body to hear the appeal?
  • EMB (highest level)
Is there a legally mandated filing fee and/or deposit?
  • Not specified
Filing fee/deposit amount (in local currency)
  • Not applicable
What is the maximum time to submit an appeal since imposition of sanctions?
  • 3 days
Requirement to hold a hearing
  • Yes
Requirement to issue reasoned decision
  • Not specified
Possibility to further appeal
  • No
What remedies are available?
  • Not specified

Presidential

Question Value
What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?
  • EMB (lower level)
What types of sanctions can be imposed for campaign finance infractions?
  • Fines
  • Suspension or cancellation of the legal status of the political organisation
Can the imposed sanctions be appealed?
  • Yes
If appeal is possible, what is the competent body to hear the appeal?
  • EMB (highest level)
Is there a legally mandated filing fee and/or deposit?
  • Not specified
Filing fee/deposit amount (in local currency)
  • Not applicable
What is the maximum time to submit an appeal since imposition of sanctions?
  • 3 days
Requirement to hold a hearing
  • Yes
Requirement to issue reasoned decision
  • Not specified
Possibility to further appeal
  • No
What remedies are available in the first instance?
  • Not specified

Question Value
Does the law criminalize any election-related offenses?
  • Yes
What type of law provides for election-related criminal offences?
  • Criminal (or Penal) code
Which types of election-related misconducts are regarded as criminal offences?
  • Electoral fraud
  • Incentive driven voter coercion
  • Threat driven voter coercion
  • Obstructing the electoral process
What penalties are envisioned for offences related to electoral fraud?
  • Imprisonment
What penalties are envisioned for offences related to incentive driven voter coercion?
  • Imprisonment
What penalties are envisioned for offences related to threat driven voter coercion?
  • Imprisonment
What penalties are envisioned for offences related to obstructing the electoral process?
  • Imprisonment
What penalties are envisioned for offences related to voter registration?
  • Not applicable
What penalties are envisioned for offences related to unlawful conduct of campaign financing?
  • Not applicable
Who carries out investigation for election-related criminal offenses?
  • Police
  • Public prosecutor
Who prosecutes election-related criminal offences?
  • Public prosecutor