Supreme Electoral Court (El Salvador)
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The Supreme Electoral Court (, TSE) is the highest electoral authority in the country of
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
.


Composition

Article 208 of the
Constitution of El Salvador The current constitution of El Salvador was enacted in 1983 and amended in 2003. The 1983 constitution of El Salvador is similar to that of 1962, often incorporating verbatim passages from the earlier document. The constitution consists of 11 t ...
establishes that "there will be a Supreme Electoral Court which will be formed of five Judges, who will remain on the Court for five years and will be chosen by the Legislative Assembly", and that "three of the Judges will each come from one of the three political parties or coalitions who obtained the greatest number of votes in the last presidential
election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has opera ...
". The two remaining judges are chosen from two slates of judges with no political affiliation proposed by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.


2019-2024 term

On 30 July 2019, the members of the Supreme Electoral Court for the period 2019-2024 were announced as per below.


History


Central Electoral Council

The 1950 constitution of El Salvador established a Central Electoral Council (, CCE) as the "highest authority of electoral matters". It was formed of three members and three deputies, all chosen by the Legislative Assembly for a period of three years from lists proposed by the Supreme Court and the executive branch. The 1962 constitution maintained the same structure. However, this structure was criticised as leading to electoral processes falling under the control of the executive branch, and led to accusations of political bias. The constitution of 15 December 1983 changed the way that the Central Electoral Council was appointed; it stated that the three members of the Council would be chosen by the Legislative Assembly, with one each being chosen from slates proposed by the three political parties or coalitions with the largest vote share in the last presidential elections. This is the same set of procedures taken for the three political members of the Court today.


Civil War-era reforms

In April 1991, during the negotiations between the government of
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
and the
Farabundo Martí National Liberation Front The Farabundo Martí National Liberation Front ( es, Frente Farabundo Martí para la Liberación Nacional, FMLN) is a left-wing political party in El Salvador. The FMLN was formed as an umbrella group on 10 October 1980, from five leftist gu ...
to end the
Salvadoran Civil War The Salvadoran Civil War ( es, guerra civil de El Salvador) was a twelve year period of civil war in El Salvador that was fought between the government of El Salvador and the Farabundo Martí National Liberation Front (FMLN), a coalition or ...
, an agreement was reached to reform various articles of the Constitution. One of these reforms was the conversion of the Central Electoral Council into the Supreme Electoral Court, and the addition of the two non-partisan members onto the makeup of the Court. The first challenge the new Court faced was the 1994 Salvadoran general election. Whilst the
International Foundation for Electoral Systems The International Foundation for Electoral Systems (IFES) is an international, non-profit organization founded in 1987. Based in Arlington, Virginia, the organization provides assistance and support for elections and electoral stakeholders in ne ...
' observers found that "the El Salvador voting process was conducted in an orderly, peaceful and transparent fashion which permitted the popular will of the Salvadoran people to be expressed", concerns were also raised about the number of voter applications the Court rejected, often due to lack of documentation. The IFES report also recommended that El Salvador institute a new unitary document for voter registration and identification, which it called at the time a Citizens Voting and Identification Document (). Whilst efforts started towards this process in 1994, it was not until the 2004 elections that the
Unique Identity Document Unique primarily refers to: *Uniqueness, a state or condition wherein something is unlike anything else *In mathematics and logic, a unique object is the only object with a certain property, see Uniqueness quantification Unique may also refer to ...
() substituted the previous electoral cards. The 2013 Electoral Code states that the Unique Identity Document forms the complete basis of the electoral register, and information on all citizens who own one is given to the Court to establish their voter registration.


Modern day

In 2019, Dora Esmeralda Martínez de Barahona, was chosen as the first woman President of the Court, after being proposed by the
Grand Alliance for National Unity The Grand Alliance for National Unity (GANA; es, Gran Alianza por la Unidad Nacional) is a political party in El Salvador. The party established itself on 16 January 2010 and was recognized by the Supreme Electoral Court of El Salvador on 19 Ma ...
. In April 2020, the Court announced plans to continue the 2021 elections to schedule, with additional measures put in place to ensure voters and polling staff would not be put in danger by the
coronavirus pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identified ...
. It was announced in May 2020 that the Court would ask for an additional to put these measures in place. This funding would be additional to the existing approved by the Legislative Assembly for the 2021 elections.


References


External links


Original copy of the 1983 Constitution of El Salvador without amendments
at the
Miguel de Cervantes Virtual Library The Miguel de Cervantes Virtual Library (MCVL; in es, Biblioteca Virtual Miguel de Cervantes, BVMC) is a large-scale digital library project, hosted and maintained by the University of Alicante in Alicante, Spain. It comprises the largest open-acc ...
{{National election commissions
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
Electoral courts Elections in El Salvador Government of El Salvador