817.00/5321a: Telegram
The Secretary of State to the Chairman of the American Delegation to the Sixth International Conference of American States (Hughes)
16. For White. The following is the English text of the electoral law as submitted to the Nicaraguan Congress:
“1. In order to consummate the arrangement made between the Government of Nicaragua, at its request, and the President of the [Page 448] United States whereby the latter will extend friendly assistance to the end that the election of the year 1928 for the Supreme Authorities may be free, fair and impartial, the election law proclaimed on March 20, 1923, together with any laws or executive decrees which may have subsequently been passed or promulgated to amend or amplify said law is hereby suspended during the period of said election.
This Act shall be known and may be cited as the Transitory Provisions Governing the Election of 1928. It shall take effect upon passage and shall continue in full force and effect until the said election of 1928 has been held and the results thereof proclaimed by Congress, and the electoral law of March 20, 1923, shall have no force or effect until said results have been so proclaimed.
2. For the purpose of said election of 1928, a National Board of Election is hereby constituted, to consist of three persons appointed by the President of Nicaragua as follows: A Chairman to be appointed upon the nomination of the President of the United States and two political members, to be appointed in like manner upon the nomination of the Executive Committee of the Conservative and Liberal Parties respectively. The Chairman of the Board shall be a citizen of the United States. Two political suplentes, one of whom shall be a member of the Conservative Party and one a member of the Liberal Party, shall be chosen in the same manner as the political members propietarios. If any political member be unable or fails to perform the duties of his office temporarily on account of absence or other incapacity, his place shall be filled by the corresponding suplente during the period of absence or incapacity of such member propietario. The members of the National Board of Elections and the suplentes shall take possession of their offices from the President of the Republic of Nicaragua. The President of Nicaragua shall remove from office any political member of the National Board of Elections or suplente upon recommendation of the Chairman of the Board but no such removal shall be made without such recommendation. Any vacancy arising shall be filled in the manner of the original appointment.
3. The National Board of Elections as constituted herein shall have full and general power and authority to supervise said election and to prescribe regulations having the force of law for the registration of voters and for the casting and counting of their ballots and for any other matters properly appertaining to the election.
4. A Majority of the National Board of Elections, one of whom shall be the Chairman, shall constitute a quorum for the transaction of business; provided that the presence of the Chairman alone shall be deemed to constitute a quorum at an emergency meeting. An emergency meeting is one the holding of which is considered by the Chairman to be indispensable to the accomplishment of a fair and free election and which has been so designated by him in formal announcement, under one clear day’s notice, to the political members and suplentes. No action or resolution of the Board shall be valid unless concurred in by the American Chairman, and in case of a tie vote the Chairman shall have power to cast a second and deciding vote. The Chairman shall also have power to declare any action or resolution, which in his judgment is indispensable to the accomplishment of a fair and free election, an emergency measure, and such measure shall come into full force and effect as an action or resolution of the National Board of [Page 449] Elections 24 hours after its presentation to said Board in formal meeting assembled and its designation thereat by the Chairman as an emergency measure.
5. The National Board of Elections shall canvass the votes cast at the elections conducted under this Act, shall determine all questions and contests which may arise as to the validity and count of any such votes, and shall issue certificates of election to those lawfully elected to their respective offices. Such certificates shall be returnable to Congress to whom the National Board of Elections shall, in conformity with Article 83, clause 2 and Article 84, clause 2 of the Constitution, transmit the report of the election in detail for certification and proclamation of the results of the election.
6. With respect to the said election of 1928, the National Board of Elections, through its Chairman, is vested with the authority to command the services of the National Constabulary and to issue orders thereto for the purpose of preventing intimidation and fraud and of preserving law and order during the various acts of registration and voting.
7. The Members of the National Board of Elections constituted under Section 2 of this Act shall hold office until the results of the elections are proclaimed as provided in Section 4 hereof. Upon the taking possession of office by the members of the said National Board of Elections, the term of office of each and all persons serving as members of election boards and directorios electorates under the law of March 20, 1923, shall cease. Upon the proclamation of the results of the election as provided in Section 5, the electoral law of March 20, 1923, shall be restored in full force and effect.
8. Upon the restoration of the electoral law of March 20, 1923, in full force and effect, as provided in the preceding section, the National Board of Elections and the several departmental boards of elections and directorios electorates prescribed in said law shall forthwith be reconstituted in the manner provided by said law for the appointment of members of said boards and directorios electorates respectively, and the basis for the selection of chairmen of the several departmental boards of election as prescribed in Section 22 of said law shall be the presidential election of 1928.
The respective terms of office of the members of all boards of election and directorios electorates appointed in accordance with this section shall expire at the time they would have expired had such boards and directorios electorates been appointed to serve under the electoral law of March 20, 1923 in the election for the Supreme Authorities in the year 1928.”