Constitution

Cuba 2019 Constitution

Table of Contents

Title IX. The Electoral System

Chapter I. General Provisions

Article 204

All citizens with the legal capacity to do so have the right to contribute to 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 prescribed 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 205

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

  1. Those who have been judicially restricted from exercising their legal capacity due to a disability;
  2. Those who have been judicially disqualified, and
  3. Those who do not meet the requirements for residency in the country as prescribed in the law.

Article 206

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

Article 207

Cuban citizens, both women and men, that are in full enjoyment of their political rights and meet the other requirements established by 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 208

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

Article 209

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 210

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 211

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.

It handles and responds to the complaints that are lodged with regard to elections and performs 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 processes of democratic participation.

Article 212

The National Electoral Council has functional independence with respect to any other organ 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 213

The National Electoral Council is made up of a President, a Vice President, a Secretary, and the other members prescribed 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 214

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

Persons that are nominated or who occupy popularly elected offices may not be members of the electoral organs.

Article 215

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

Article 216

All State organs, their leaders and functionaries, and other entities are obligated to collaborate with the National Electoral Council in the exercise of their functions.