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  4. Document 959

817.00 Johnson Electoral Mission/205: Telegram

The Minister in Nicaragua ( Hanna ) to the Secretary of State

Managua , June 5, 1931—11 a.m.
[Received 6:46 p.m.]

98. Department’s 129, June 3. The following opinion was given to me by Vice President Aguado, formerly a member of the National Board of Elections: The National Board of Elections does normally function in connection with municipal elections.

The electoral law of 1923 differs materially in spirit and detail from the McCoy law and the law as amended July 26, 1930, in that the first mentioned law provides a decentralized organization in the case of municipal elections.

Under the law of 1923 however the National Board of Elections has limited jurisdiction over municipal elections arising out of (1) its power as the recognized agency for the execution of the electoral law, and (2) its power to name presidents of departmental board and fill vacancies in that office and to fill vacancies in the office of political [Page 879] member of such boards (articles 22 and 23 electoral law) and through the power of the departmental board to name the presidents of the directorios electorales and fill vacancies in the office of political members (articles 26, 27 and 28 electoral law), the directories electorales being charged with the function of keeping the electoral registers.

Exception of the power to name presidents of the departmental boards and fill vacancies in that office, and to fill vacancies in the office of political member of such boards, duties and powers of the national boards of elections with reference to municipal elections are not clearly or definitely established in the law of 1923 but arise in general indirectly from the spirit of that law.

A fundamental difference between elections of supreme authorities and municipal elections under the law of 1923 is that in the former case election returns are counted by the National Board of Elections, while in the latter case they are counted by the Alcaldes from whose decision appeal can be made only to the Supreme Court (article 108 electoral law).

Hanna