TITLE IV. POLITICAL RIGHTS
Chapter 1. Citizenship
Article 131
All Panamanians over eighteen years of age are citizens of the Republic, without regard to sex.
Article 132
Political rights and the capacity to perform public functions with power and jurisdiction are reserved to natural born Panamanian cultures.
Article 133
The exercise of citizen rights is suspended:
- In cases mentioned expressly in Article 13 of this Constitution;
- For penalties according to law.
Article 134
Suspension and recovery of citizenship shall be governed by law.
Chapter 2. Suffrage
Article 135
Voting is a right and a duty of all citizens. The vote is free, equal, universal, secret and direct.
Article 136
The authorities are obliged to guarantee the freedom and fairness of elections. It is prohibited:
- To give direct or indirect official support to any candidate for office in a popular election, even if the means used are to this end are subject to public control;
- To allow partisan propaganda or support activities in public offices;
- To extract funds or contributions from public employees for political purposes, even under the pretext that they are voluntary;
- To impede or obstruct a citizen in obtaining, keeping, or showing personally his/her personal identity card (cédula).
In the same manner, it is prohibited to extract funds, contributions, fees or discounts from workers in the private sector for political purposes, even under the pretext that they are voluntary.
Electoral offenses shall be typified and their penalties fixed by law.
Article 137
The requirements which have to be met by public officials who want to run for elected office shall be defined by law.
Article 138
Political parties express political pluralism, contribute to the formation and manifestation of the popular will, and are fundamental instruments of political participation, without prejudice to the freedom of electoral nomination in the form prescribed by this Constitution and by law. The internal structure and the functioning of political parties shall be based on democratic principles.
The law shall regulate the registration and the continued existence of political parties but in no case may provide that the minimum number of votes required for survival is higher than five percent (5%) of the valid votes cast in elections for President, members of the National Assembly, Mayors or Precinct Representatives, whichever is the vote in which the party concerned has been most successful.
Article 139
It is unlawful to form political parties based on sex, race, or religion, or that have as their purpose the destruction of the democratic form of government.
Article 140
Political parties shall have the right, in equal conditions, to the use of communications media administered by the Central Government, and to ask for, and receive, information from all government officials on any matter under their jurisdiction, except that information which is concerned with the country’s classified diplomatic relationships.
Article 141
The State may supervise and contribute to the payment of expenses incurred by natural persons and political parties in the electoral process. Such supervision and payment shall be determined and regulated by law, ensuring equality of expenditures to all parties and candidates.
Chapter 3. The Electoral Tribunal
Article 142
In order to guarantee the freedom, fairness and effectiveness of popular elections, an autonomous and independent tribunal is established, called Electoral Tribunal, which shall have legal personality, its own funds and the right to administer them. This Tribunal shall be the sole entity responsible for interpretation and application of Electoral Law and it shall direct, supervise, and control the recording of important facts, deaths, naturalizations, and all other facts and legal acts related to the civil status of persons, the issuance of personal identity cards, and the different stages of the electoral process.
The Tribunal shall have jurisdiction throughout the Republic, and shall be composed of three justices who must have the same qualifications which are required for Justices of the Supreme Court. They shall be designated, separated by intervals, for ten year terms, as follows: one by the Legislative Branch, one by the Executive Branch, and one by the Supreme Court of Justice, among candidates who are not members of the nominating authority. For each justice, one alternate shall be appointed in the same manner.
The Justices of the Electoral Tribunal and the Electoral Prosecutor (Fiscal General Electoral) are responsible before the Supreme Court for any offenses or crimes committed in the exercise of their duties; the prohibitions and prerogatives established by this Constitution for the Justices of the Supreme Court of Justice also apply to them.
Article 143
In addition to the functions conferred upon it by law, the Electoral Tribunal shall have the following functions which it shall exercise solely, with the exception of those mentioned in numerals 5 and 7:
- To record births, marriages, deaths, naturalizations, and the other facts and legal acts related to the civil status of persons, and to include the necessary explanatory notes in the respective records;
- To issue personal identity cards;
- To regulate, interpret and apply the Electoral Law and to decide on disputes caused by its application;
- To punish offenses and crimes against free and fair elections in accordance with law, granting a second instance;
- To keep the electoral register;
- To organize, direct and supervise the registration of voters, and to resolve disputes, applications and complaints that may arise in this respect;
- To process the records of immigration and naturalization applications;
- To name the members of the Electoral Boards on which the representation of the legally established political parties must be guaranteed. The law shall regulate this matter;
- To draft its budget and to present it in a timely manner to the Executive Branch for inclusion in the draft General Budget of the State. The Electoral Tribunal shall defend, at all stages, its draft budget. The finally approved budget shall provide it with the necessary funds for the fulfillment of its functions. In the budget shall be included the operating costs of the Electoral Tribunal and of the Office of the Electoral Prosecutor, the investments and costs needed for the conduct of the election processes and other popular consultations as well as the subsidies to the political parties and the independent candidates for elected office. In the year immediately prior to the general elections and until the end of the electoral period the Tribunal Electoral shall be subject only to posterior supervision by the Office of the Comptroller General;
- To initiate legislation on matters within its jurisdiction;
- To consider as the sole competent body the applications and actions brought against the decisions of the lower electoral criminal tribunals and the Office of the Electoral Prosecutor.
The decisions of the Electoral Tribunal on electoral matters may only be challenged before the latter and once legal proceedings have been completed they shall be final, irrevocable and binding.
Only the application for constitutional review shall be admissible against these decisions.
Article 144
The Office of the Electoral Prosecutor is an independent investigating body annexed to the Electoral Tribunal which has the right to administer its budget.
The Electoral Prosecutor shall be appointed by the Executive Branch, subject to the approval of the Legislative Branch, for a ten year term. He/she must have the same qualifications as those required for a Supreme Court Justice, and shall be subject to the same restrictions. His/her functions are:
- To safeguard the political rights of citizens;
- To watch over the official conduct of public employees, with respect to political and electoral rights and responsibilities;
- To prosecute electoral violations and offenses;
- To exercise all other powers determined by law.
Article 145
Public authorities are obliged to follow and fulfill orders and decisions emanating from electoral jurisdiction officials, giving such obedience, cooperation and assistance as required for the exercise of their powers. Omission or negligence in complying with such obligations shall be punished in accordance with penalties provided by law.
