GENERAL RULES FOR NATIONAL AND INTERNATIONAL ELECTION OBSERVERS IN EL SALVADOR
THE SUPREME ELECTION TRIBUNAL
CONSIDERING:
I.
II.
III.
IV.
V.
As indicated in articles 208 of the Constitution and 39 of the Election Code, the Supreme
Election Tribunal is the highest authority in matters dealing with elections;
That article 64 literally a) number 9 of the election code recognizes the Associated Body as
having authority to pass norms and regulations needed to implement this code;
Abiding by Article 63 literally “b” of Election Code, it is the obligation of the Associated Body
of the Supreme Election Tribunal to select, organize, direct and observe election processes;
That this Tribunal is aware of the importance of national and international election
observation as a matter of public scrutiny, allows our citizens and the international
community, the opportunity to present purity and transparency of the election process, this
in turn helps to provide legitimacy and maximum confidence in elections.
That with the objective to count on an organizing body that is more organized, updated and
precise, that regulates the activities, the rights and duties of the national and international
observers for the different election related activities organized by the Tribunal, it is then
necessary to approve a new set of standards for national election observations.
AND SO,
The Associated Body of the Supreme Election Tribunal for the Republic of El Salvador, as provided by
legal and constitutional rules, AGREES on the following,
GENERAL RULES FOR NATIONAL AND INTERNATIONAL ELECTION OBSERVERS IN EL SALVADOR
CHAPTER 1
PRELIMINARY LAYOUT.
Obective
Article 1. – The current Regulation has as its normal objective the authorization, accreditation and
participation of national and international observers within the election process set up by the Supreme
Election Tribunal, henceforth called SET.
Likewise, it will determine the rights and obligations of the accredited observers.
Definition of election observation.
Article 2. – Election observation is defined as, the activities engaged by lay or judicial persons, especially
representatives from institutions engaged in the study of elections, from academia, foreign or domestic;
that has as a purpose to enrich and improve the quality of elections, in an impartial manner,
independently examine the compiled information regarding the purity, integrity, and transparency of
the election process.
Initiating Election Observations
Art. 3. – Election observation can commence when the observer has been accredited, and shall officially
conclude with the signing of the declaration certifying the election results.
CHAPTER II
REGARDING ELECTION OBSERVATION
Fundamental Principals
Article 4. – Election Observation will be based on the following principles:
a) Principle that observers will recognize and respect the sovereignty of El Salvador, its values and
democratic principles;
b) Principle of non-interference by the observers in the process that has already been established
by the Constitution, Electoral Code, and Salvadoran judicial orders, these matters are handled
solely by the Tribunal or its election body.
c) Principle of impartiality of the observers as they bear witness during the electoral process.
d) Principle of neutrality from the observers in their conduct during the election; and
e) Principle of objectivity, rigor, and discretion in the treatment, analysis and evaluation of the data
collected.
CHAPTER III
REGARDING ELECTION OBSERVERS
Categories and Types of Observers.
Article 5. – The election observers, henceforth referred to as observers, are categorized in the following
manner:
a) International Observer; and
b) National Observer;
International Observer
Article 6. – International Observers shall be classified as follows:
1. Official International Observers: This classification will apply to those that have been invited by
the SET or the government of El Salvador, to observe the electoral process as is relevant to their
charge.
2. Visiting International Observers: This classification will apply to those that are of a nationality
other than Salvadoran, that solicits the SET or is invited by the SET explicitly as a visitior to
observe the election.
3. International Observers invited by political parties or by candidates without party affiliation:
This category is for all citizens of a different nationality other than Salvadoran that are invited by
a political party or by candidates not affiliated with a particular party but legally registered.
National Observer.
Article 7. – National observers are Salvadoran citizens, living in or outside of the country that through
their job or institutional position have experience in electoral matters, and petition to be authorized to
carry out activities related to election observations. They must certify that they have the capacity to
observe, collect and analyze data related to election observation.
Non-Partisan Observer.
Art. 8. - Nonpartisan candidates may confirm at each polling place of their position they are affiliated
with, one observer and one substitute, and appear on the electoral roll.
CHAPTER IV
REGARDING ACCREDITATION
Indispensable Accreditation.
Art. 9. – To demonstrate the quality of the election observer in any part of the electoral process it is
absolutlety imperative that they be fully accredited.
Application
Art. 10. – Any Institution, organization or entity seeking accreditation for observers, must put forth a
request to the SET no later than three days prior to the elections.
Contents of Application
Art. 11. – The application must contain the following:
a)
b)
c)
d)
Objective and reasoning behind the request;
Execution plan detailing the observation, indicating preferred provinces and municipalities.
Financial disclosure supporting the observation;
A statement declaring respect and understanding of the regulations and relevant laws of the
Republic;
e)
f)
g)
h)
i)
j)
Number of observers that are national/international to be a part of the group;
Certified copy of the individual’s judicial persona.
Institutional Credentials that proves the quality/type of institutional representative.
The correctly filled out registration form provided by the SET, with information for each person
forming part of the mission.
A list of observers along with personal information as well as a digital copy of a passport size
photograph of the individual.
A photocopy of the individual’s ID.
The documents mentioned in “h”, “I” and “j” can be submitted along with the application form or
afterwards, in various stages, but still within the guidelines set up by Art. 10 of the General Rules.
Non-partisan candidates shall be allowed to solicit in writing, on their own or through legal
representation, the authorization and affirmation of observers, by attaching information regarding
selected polling location on each observer’s DUI.
Resolution
Art. 12. – The SET will settle all applications within eight business days of the applications being
submitted. This will include the authorizations of the types and number of observers, and ordering the
appropriate credentials to be issued.
The SET will not approve any application that does not meet the requirements established in these
Articles.
Revisions
Art. 14. – The credentials issued by the SET for each observer will have the following information:
a)
b)
c)
d)
e)
f)
g)
h)
Full name of observer;
Name of institution or affiliated organization;
Representative country
Class and ID number
Photograph
Observer category
Signature and seal of the SET President; and
Assigned polls for those observers certified by non-partisan candidates.
The credential is tied to the recipient and is not transferrable.
Restrictions
Art. 15 – Those Salvadoran citizens that do not enjoy full civil rights; are militant political activists will
not be certified.
Immigration Requirements
Art. 16 – Foreigners that apply to be observers will have to previously complete the immigration
requirements as established by the Republic of El Salvador.
Chapter V
REGARDING THE RIGHTS AND RESPONSIBILITIES OF THE ELECTION OBSERVERS
SECTION A
Rights
Art. 17. – International Observers, working within the guidelines established in this article, will have the
right to access all polls and electoral bodies that are related with the electoral process like:
a)
b)
c)
d)
e)
Election Organization leadership
Temporary headquarters for election organizations
Reception area for National Center for Processing Election Results;
Election Registrar headquarters;
Examine the gatherings where the votes are to be counted and processed.
Art. 18. – The election observers, national and international, will have the following rights:
a)
b)
c)
d)
To obtain a credential that will identify them as observers;
To observe the different stages of the electoral process;
Have access judicial documentation related to elections in the Republic of El Salvador
Access to communication with all political parties or coalitions as well as independent
candidates;
e) To obtain information emanating from the SET regarding the electoral process and the election
results, as it is allowed by law.
f) Access to polling places and the voting processing centers to observe the electoral process,
beginning with the setup on through the vote counting process.
g) To receive claims or complaints from any citizen, entitiy, political party or coalition, that should
be included in reports if they are to be considered.
The certified observers for the independent candidates will have these privileges only for the polling
places that have been assigned to them.
The SET has the authority to limit access to the observers in certain areas where physical space is limited
or where it is logistically not possible to have observers present.
Voting location for National Observers
Art. 19 – National Observers and those accredited by the independent candidates will vote in their
assigned voting poll as designated by the voter rolls. Their status as an observer shall not carry
additional privileges when it comes to voting.
SECTION B
Election Observer Duties.
Art. 20 – In addition to the duties of impartiality, neutrality and objectivity while handling information,
the election observers will also have to:
a) Respect the Constitution of the Republic and its laws, as well as the guidelines dictated by the
Supreme Electoral Tribunal;
b) Carry their credentials at all times throughout their activities;
c) Present, in writing, to the SET, any anomalies or complaints made to them or based on their
own observations;
d) Maintain objectivity, impartiality and professionalism at the time of summing up their
conclusions and observations;
e) Not be involved in proselytizing of any kind, based on political parties, coalitions or independent
candidates;
f) Not to try and sway voting, making statements in favor or against any political party, coalition,
or independent candidates;
g) Abstain from inappropriate behavior that is not within the scope of an observer such as: slander,
smear or offend the reputation of institutions, election officials, political parties, or candidates;
h) Not interfere or place themselves in the place of the election officials in the execution of their
duties, nor participate in actions that would directly or indirectly constitute as interference;
i) Not declare a victory for any candidate or political party, without offering preliminary or
definitive results, no projections regarding the voting should be made publicly without any
decisions coming from the SET;
j) Abstain from situations that could be considered a conflict of interest;
k) Not attempt to serve as mediators, attempt to resolve, order, opine or argue a situation that are
matters for the Directive of Elections or Polling Place; and
l) Not intervene, nor interrupt the duties of the Directive of Elections;
Reporting
Art. 21. – Institutions that approve election observers and the approved observers will present to the
SET a initial report the day after the election. The report shall contain a general initial summary of the
activities carried out, detailing the positive and negative aspects that were observed.
In addition, a final report shall be rendered within sixty days after the election takes place that will
contain comments on the following:
1) Voter Rolls;
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
Registration of candidates;
Electoral campaigns;
Election packets;
Temporary election orgs;
Observations regarding political parties;
Actual voting process;
Tabulating the results;
Scrutiny;
Promotional campaigns by the SET;
Conclusions; and
Reccommendations.
CHAPTER VI.
FINAL ORDERS
Sanctions.
Art. 22. – The Supreme Electoral Tribunal will sanction by way of canceling the authority of election
observers that act inappropriately or do not carry out their obligations as established by the electoral
code and these guidelines, the observer shall be notified and credentials immediately canceled. The
sponsoring group shall also be notified of this cancellation.
Adherence to Binding International Treaties
Art. 23. – Authorized Diplomats in the country, in the execution of their duties as observers, shall abide
by the Geneva Convention rules regarding Diplomatic Relations, as well as the regulations presented
here.
Bilateral Agreements
Art. 24. – Observers that represent international organizations that have previous agreements with the
State of El Salvador, shall abide by the rights and privileges that are established in these agreements,
and by the laws of the Republic and the regulations presented here.
Framework Agreement
Art. 25. – National Observers are subject to the rules established by these regulations, the respect of
agreements or framework, set up by the SET as well as any ordinances by the Salvadoran Judicial
system.
Attorney’s Office for the Defense of Human Rights
Art. 26. – The SET recognizes the right of election observation, within the constitutional and legal
framework set up by the Legal office in the Defense of Human Rights; including the verification and
observance of civil and political rights. The SET will assist in any way that may be required.
Abolition
Art. 27 – This current list of regulations replaces any other prior set of regulations that has been
established regarding election observations.
Validity
Art. 28. – This set of regulations shall become valid 8 days from its publication in the official
Documentation.