The 120-section proposed amendment to Panama's Electoral Code is available in PDF form via the Legislative Assembly's website (see http://www.asamblea.gob.pa/ ).

This proposed legislation is most controversial because it would allow the political parties to eliminate presidential primaries. The provision would in effect allow Mireya Moscoso to hand-pick the 2004 Arnulfista nominee from among her inner circle, despite polls that show an overwhelming majority of Arnulfistas want banker Alberto Vallarino to be their party's standard bearer. The continued secrecy of campaign contributions has also attracted widespread attention and comment.

However, the Cabinet Council's proposed Electoral Code changes would have some profound implications for freedom of the press, and these received less attention. Those provisions proposed by the Moscoso administration that would affect the press (translation from the Spanish by Eric Jackson) included the following articles. The parts that are in italics were deleted in the course of legislative debate,with any substitute language listed in brackets. The amendments, which blunted some of the anti-press provisions, came after protests from various media figures, including the editor of The Panama News. Even those articles which were deleted in committee, however, remain newsworthy because they amply illustrate the sort of thinking we get from the executive branch of the Panamanian government.

* Article 41. Article 170-a is added to the Electoral Code as follows:

Article 170-a. Recognizing the constitutional principle of free enterprise with social responsibility, the political parties and candidates will have the right to buy political propaganda under the principles of non-discrimination and equality of opportunities and conditions.

[AMENDED IN LEGISLATIVE COMMITTEE] The social communications media and advertising agencies have the obligation to submit to the Electoral Tribunal and the Electoral Prosecutor information requested about electoral propaganda, within not more than twenty-four (24) hours [three (3) days].

During the electoral processes, the Electoral Tribunal shall monitor the social communications media, to know the amount of coverage that each of these media give to each party and candidate, independent of the ads or spaces that have been bought by them.


* Article 42. An article 172-a is added to the Electoral Code, as follows:

[AMENDED IN LEGISLATIVE COMMITTEE] Article 172-a. Recognizing that each communications medium or enterprise has its rates, those of electoral propaganda shall be equal to the commercial rates for all parties and candidates for the same ads or commercial products or spaces in the same medium or enterprise.


[DELETED IN LEGISLATIVE COMMITTEE] * Article 43. An Article 172-b is added to the Electoral Code, as follows:

Article 172-b. Under equality of conditions, the communications media, enterprises and ad agencies dedicated to the sale of different components of electoral propaganda may not deny their services to any person, except for reasons of force majeure or Act of God.


[DELETED IN LEGISLATIVE COMMITTEE] * Article 44. An Article 172-c is added to the Electoral Code, as follows:

Article 172-c. Electoral propaganda shall be permitted within the sixty calendar days preceding and election or referendum, and within the thirty calendar days preceding an internal party election. Excepted are the state communications media, which are at the permanent disposal of the political parties under conditions of equality, in conformance with the regulations that the Electoral Tribunal adopts.


* Article 46. Article 175 of the Electoral code shall be as follows:

Article 175. The Electoral Prosecutor or whoever considers themselves affected by the dissemination of electoral propaganda can present, either personally or through a legal representative, a complaint about it to the Electoral Tribunal, which will privately learn of the violation in the herein, and have the ability to order the provisional suspension of the propaganda.

During the time permitted for electoral propaganda, the Electoral Tribunal and the Electoral Prosecutor shall be in permanent session to handle the respective complaints, taking the necessary measures to expedite the filing of them.

The penal and civil responsibilities for defamation committed in electoral propaganda shall be demanded before the ordinary courts.


* Article 48. A new Fifth Chapter shall be added to Title V of the Electoral Code, which shall be denominated "Origin of Funds," encompassing Articles 175-a, 176-b, 176-c, 176-ch and 176-d, as follows:

* * *

Article 176-ch. The information about the origin of private contributions that the parties and candidates collect shall be kept confidential by the Electora Tribunal….


* Article 49. A paragraph shall be added to Article 177 of the Electoral Code, as follows:

Article 177. Every poll about the political preferences of the citizens, must point out, as an integral part and in a manner that can be evaluated by the citizenry, the following information:

* * * (Nine sections) * * *

For a political poll to be able to be divulged or published by whatever medium, the interested party must previously present to the Electoral Tribunal the information indicated in the nine sections of this article. The Electoral Tribunal wll certify compliance with this norm withing twenty-four hours following the receipt of conforming documentation. If the Electoral Tribunal does not issue the certification with the time provided, the poll can be published, along with the proof that the pertinent documents have been presented to the Electoral Tribunal. In such cases the medium whall verigy that it or the persons responsible for the poll have complied with the nine sections of this article.

The Electoral Tribunal shall by regulation establish the alternative means for interested parties to comply with this presentation.

A copy of the poll results must be filed with the Electoral Tribunal by the interested party within three working days following its divulgation or publication.


* Article 50. Article 179 of the Electoral Code shall be as follows:

Article 179. The exit polls taken at the polling places on Election Day can only be divulged or published three hours after the official poll closing time.

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