Constitution

Cuba 2018 Draft Constitution

Table of Contents

Title IX. The Electoral System

Chapter I. General Provisions

Article 199

All citizens with the legal capacity to do so have the right to intervene in the management of the State, either directly or through their elected representatives within the organs of People’s Power and to participate, for this purpose, in the form foreseen by the law, through periodic elections, plebiscites, and popular referendums that will be free, equal, direct, and secret. Every elector has the right to a single vote.

Article 200

Voting is a citizen’s right and duty. The vote is exercised voluntarily by Cuban citizens, both men and women, that have reached the age of sixteen, except:

  1. The mentally disabled, following a judicial declaration of incapacity;
  2. Those that have been indicated to be disqualified through a judicial process, and
  3. Those that do not meet the requirements to remain in the country as foreseen by the law.

Article 201

The Electoral Registry is public and permanent; it is composed of all citizens with the legal capacity to vote in accordance with that which is foreseen in the law.

Article 202

Cuban citizens, both women and men, that are in full enjoyment of their political rights and meet the other requirements established by the law have the right to be elected.

If the election is for representatives on the National Assembly of People’s Power, they must be over the age of 18.

Article 203

The members of the military institutions have the right to elect and to be elected, just as any other citizen.

Article 204

The law determines the number of representatives that will make up the National Assembly of People’s Power, in proportion to the number of inhabitants within the respective districts in which, for electoral purposes, the national territory is divided into.

The representatives on the National Assembly of People’s Power and the delegates on the municipal Assemblies of People’s Power are elected through a vote of the electors that is free, equal, direct, and secret. The law regulates the procedure for their election.

Article 205

To be considered elected, a representative or a delegate must have obtained more than half of the valid votes cast within the electoral district that the individual seeks to represent.

In the case that a vote of more than half is not obtained, or in other cases of vacant positions, the law regulates the form in which the election will proceed.

Chapter II. The National Electoral Council

Article 206

The National Electoral Council is the permanent organ of the State with the fundamental mission of organizing, directing, and supervising the elections, popular consultations, plebiscites, and referendums that are convened, the complaints that are lodged with regard to elections, as well as the other functions recognized by the Constitution and the laws.

The National Electoral Council guarantees the veracity, transparency, efficiency, publicity, authenticity, and impartiality of the electoral processes.

Article 207

The National Electoral Council has autonomy and reports to the National Assembly of People’s Power regarding the performance of its functions.

Additionally, once an electoral process is complete, it informs the nation of the result.

Article 208

The National Electoral Council is made up of a President, a Vice President, a Secretary, and the other members foreseen by the law.

The members of the National Electoral Council are elected and removed, as necessary, by the National Assembly of People’s Power or, in some cases, the Council of State.

Article 209

The organization, functioning, membership, and designation of the electoral authorities is regulated by the law.

Persons that occupy popularly elected offices may not be members of the electoral organs.

Article 210

The National Electoral Council attends to the production, oversight, and updating of the Electoral Registry, in accordance with that which is established in the law.

Article 211

All the organs and entities, their leadership and staff, are obligated to collaborate with the National Electoral Council in the exercise of their functions.