Guatemala | International IDEA

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2014

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

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.