During a telephone interview on 18 April 2006, the minister counsellor of the Embassy of Peru in Ottawa indicated that, in Peru, electors are divided up into electoral tables (mesas electorales). With each electoral table representing 200 to 250 people, Peru's population of roughly 16 million people is divided into 80,000 electoral tables (Peru 18 Apr. 2006). According to Notimex, the Mexican news service, there were 85,971 tables in the April 2006 elections (9 Apr. 2006). During an election or referendum, electoral tables are convened in colleges or schools where voters gather to cast their votes (Peru 18 Apr. 2006). Voting is mandatory in Peru and, at the age of 18, all Peruvians must register to vote (ibid.).

For further information on the legal definition of electoral tables and the rules governing their operation, please see Chapter 6 of Part III of the attached Organic Law on Elections (Ley Orgánica de Elecciones N° 26859).

The National Office of Electoral Processes (Oficina Nacional de Proceso Electorales, ONPE) organizes elections (Peru 3 May 2006; ibid. 18 Apr. 2006). For each election or referendum and for each electoral table, the ONPE establishes who will act as titular and who will serve as the other two electoral table members (Peru 18 Apr. 2006). Alongside the titular, one of the other two members acts as a secretary for the table (ibid. 3 May 2006). All three table members are provided with training and the appropriate election material (ibid. 18 Apr. 2006). According to an official with the ONPE, the electoral table members are responsible for the following tasks: setting up the electoral table, conducting the vote, and counting the votes (ibid. 3 May 2006). The ONPE also selects three substitute members for each electoral table (ibid.).

The minister counsellor of the Embassy of Peru in Ottawa confirmed that following the election, the three table members are responsible for counting the votes and completing the requested forms (ibid. 18 Apr. 2006). The electoral table members are also tasked with addressing any problems that might arise at their table (ibid. 3 May 2006).

According to the minister counsellor, there are no specific pre-requisites for members of an electoral table (ibid. 18 Apr. 2006). All that is required is that the individuals be eligible electors (i.e. their names appear on the electoral list of an electoral table) (ibid.). However, as prisoners do not have voting rights, they cannot be selected as members of an electoral table (ibid.). Also, any individual who is a candidate in an election cannot serve as a titular or a member of the electoral table (ibid.; ibid. 3 May 2006).

Apart from appearing on the list of eligible voters, the minister counsellor did not know whether a potential titular and members of the electoral table would be subject to specific security screenings as part of the selection process (ibid. 18 Apr. 2006). Government sources also noted that the ONPE prefers members with a higher level of education (ibid. 3 May 2006; see also ibid. 18 Apr. 2006) or who have never held the position before (ibid. 3 May 2006). Both the regional offices and the central office in Lima can be involved in the selection process (ibid. 18 Apr. 2006).

According to Peru's Ministry of Foreign Affairs, Peruvians living abroad are not required to vote in municipal elections (n.d.a). However, Peruvians living abroad can be fined if they fail to change the address on their national identity document (documento nacional de identidad, DNI) and do not vote or are unable to act as a member of an electoral table (Peru n.d.a).

The National Elections Jury (Jurado Nacional de Elecciones) stated that individuals with medical reasons can apply to be exempted from paying electoral fines (n.d.b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Notimex [Mexico city]. 9 April 2006. "Cierran mesas electorales en Peru e inicia escrutinio de votos." (Factiva)

Peru. 3 May 2006. Oficina Nacional de Procesos Electorales (ONPE). Correspondence from an official.

_____ . 18 April 2006 Embassy of Peru in Ottawa. Telephone interview with the minister Counsellor.

_____ . 1 October 1997. Jurado Nacional de Elecciones. Ley Orgánica de Elecciones N° 26859. http://www.jne.gob.pe/modulos/archivos/sec_Informacion/documentos/lojne6.pdf [Accessed 13 Apr. 2006]

_____ . N.d.a. Ministerio de Relaciones Exteriores. "Régimen electoral de los peruanos en el exterior." http://www.rree.gob.pe/portal/aconsular.nsf/bd437a0309e5e7be05256bff006da083/c9c7cf995b5374e9052570d5006a7db8?OpenDocument [Accessed 18 Apr. 2006]

_____ . N.d.b. Jurado Nacional de Elecciones. "Preguntas Frecuentes." http://www.jne.gob.pe/index.php?t=1&option=com_content&task=view&id=81&Itemid=5 [Accessed on 13 Apr. 2006]

Additional Sources Consulted

Internet sites, including: The Consulate general of Peru in Toronto, The Embassy of Peru in Canada, Factiva, Jurado Nacional de Elecciones, Political Database of the Americas, World News Connection.

Attachment

Peru. 1 October 1997. Jurado Nacional de Elecciones. Ley Orgánica de Elecciones N° 26859. Translation by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services, Canada. Electronic Attachment

Peru. 1 October 1997. Jurado Nacional de Elecciones. Ley Orgánica de Elecciones N° 26859. Translation by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services, Canada.

Law No. 26859

Promulgated on 29 September 1997Published on 01 October 1997 PART III
Electoral Bodies

[...]

CHAPTER 6
Voting stations
Table of contents

Purpose of voting stations

Article 51.- The purpose of the voting station or voting table (mesa de sufragio) is to receive the votes of electors in referenda and other popular consultations, as well as vote counting, computation and elaboration of election return forms.

Establishment of voting stations

Article 52.- Each political district of the Republic shall have as many voting stations as correspond to groups of at least 200 and no more than 300 citizens entitled to cast votes. The number of citizens per voting station is determined by the National Office of Electoral Processes (Oficina Nacional de Processes Electorales - ONPE).
Article 53.- Each voting station shall be identified by a number and the lists of electors per voting station shall be drawn up on the basis of the citizens registered in the electoral district, in numerical order.
Article 54.- If the number of citizens registered with the National Register of Identification and Civil Status (Registro Nacional de Identificación y Estado Civil) in an electoral district is less than 200, one voting station shall be established in any case.
Appointment of Voting Station Officers
Article 55.- Each voting station is composed of three officers. The first officer to be designated shall serve as president and the second as secretary. The officers shall be chosen in a process of random draw from a list of 25 citizens selected from among the electors of the voting station. The process of selection and drawing of names is conducted under the responsibility of the National Office of Electoral Processes, in coordination with the National Register of Identification and Civil Status. Three additional members shall be drawn on the same occasion; these shall serve as substitutes.
Computerized systems may be used for selecting the list of citizens referred to in the preceding paragraph and for drawing the names of voting station officers.When selecting citizens, preference shall be given to persons with a higher level of education or to those who have not held such positions in the past.
Article 56.- The drawing of names of officers may be overseen by representatives of the political parties, independent groups and alliances who are duly accredited before the Special Electoral Jury (Jurado Electoral Especial - JEE), or before the National Electoral Jury (Jurado Nacional de Elecciones - JNE), as the case may be. An official record of the draw for the officers for each voting station shall be prepared in duplicate. One copy shall be sent immediately to the Special Electoral Jury (JEE) and the other to the National Electoral Jury (JNE).

Who may not be a Voting Station Officer

Article 57.- The following shall not be appointed as a voting station officer:
a) Candidates or accredited representatives of political parties, independent groupings and alliances
b) Officials or employees of entities of the Peruvian Electoral System;
c) Political authorities and members of Municipal Councils;
d) Citizens who are members of boards of directors of political parties, independent groupings and alliances registered with the National Electoral Jury (JNE);
e) Spouses or persons related by two degrees of consanguinity or affinity to another officer of the same voting station; and
f) Electors temporarily absent from Peru according to the official record furnished by the National Register of Identification and Civil Status.
The state entities with jurisdiction over citizens in the conditions mentioned in paragraphs a), b), c), d) and f) above are required by law to furnish the relevant information to the National Office of Electoral Processes, so that those citizens will not be considered in the drawing of names for voting station officers.

Irrevocable appointment

Article 58.- A person appointed as a voting station officer cannot resign his or her appointment except in cases of notorious or grave physical or mental impediment, necessity to absent himself or herself from Peru, the existence of one of the incompatibilities listed in the preceding article, or if the officer is older than 70 years.The resignation shall be submitted in writing, accompanied by instrumental proof, within five days of the publication referred to in Article 61.

Deadlines for drawing of voting station officers, numbering and establishment of voting stations

Article 59.- The numbering of the voting stations and the drawing of officers shall be conducted by the corresponding Decentralized Offices of Electoral Processes (Oficinas Decentralizadas de Procesos Electorales - ODPE) at least 45 calendar days before the date set for the election. The establishment of the voting stations shall be made known immediately through the communication media and by means of posters affixed in public buildings and in the most heavily frequented places in the locality.The National Register of Identification and Civil Status shall furnish to the National Office of Electoral Processes, no later than five days after the drawing of names of the voting station officers, the addresses of the citizens appointed as officers.

Challenges to the establishment of voting stations or appointment of voting station officers

Article 60.- Following the publication of the information referred to in Article 61, any registered citizen and with valid rights before the National Register of Identification and Civil Status or any accredited representative may, within three days of the publication, challenge the establishment of a voting station or appointment of a voting station officer. Challenges not substantiated by instrumental proof shall not be admitted by the Decentralized Offices of Electoral Processes. Substantiated challenges shall be forwarded on the same day that they are received to the Special Electoral Jury (JEE), which shall rule on them within 24 hours of their having been submitted. The decision of the Special Electoral Jury concerning the challenge is final.
Article 61.- Once challenges have been ruled on or the deadline for submitting challenges has passed, the Special Electoral Jury (JEE) shall communicate the result to the Decentralized Office of Electoral Processes, which shall publish the names of the voting station officers and substitutes and invite those residing in the capital of the province to present themselves to the respective Decentralized Office of Electoral Processes within ten calendar days following publication to receive their credentials.If challenges against the three officers and one or more substitutes are ruled to be justified, a new draw shall be held within a maximum of three days.

Exception

Article 60.- In exceptional cases, the National Office of Electoral Processes may establish that the voting station officers shall be the same officers who fulfilled that role in the previous electoral process.

Publication of list of voting station officers

Article 63.- The list of names of voting station officers appointed, with names, identity card number and location of voting station, shall be published one time only in the official newspaper "El Peruano" or in the largest-circulation daily newspaper, in special sections furnished by the National Office of Electoral Processes. The foregoing does not exclude that these lists may be furnished to the public offices which may further circulate them. In the provincial capitals without daily newspapers, publication shall be in the form of posters affixed in public buildings and in the most heavily-frequented places.

Second-round elections

Article 64.- In the event that a second-round election is held, the voting station officers shall be the same as those who served in this capacity in the first round, and there shall be no requirement for another draw.

Locations of voting stations

Article 65.- The locations of voting stations shall be designated by the Decentralized Offices of Electoral Processes in the following order:
Schools, municipalities, courts and public buildings not intended for the use of the Armed Forces, the National Police or political authorities.
Wherever possible, the Decentralized Offices of Electoral Processes shall ensure that the largest possible number of voting stations operate in a single locale, as long as the polling booths meet the criteria established by the law and absolute independence between them can be maintained.
Article 66.- Once the locales in which the voting stations will operate have been designated, the Decentralized Offices of Electoral Processes shall make known their location no less than ten days before the date set for the elections, in the official newspaper "El Peruano" or in a newspaper published in the capital of the province, as the case may be. In provincial capitals where no newspaper is published, publication shall be by means of posters affixed in public buildings and the most heavily frequented places, and by judicial notices. The Decentralized Office of Electoral Processes may also order the information to be published in another newspaper of the same place. The publications, whether in newspapers or by means of posters, shall indicate accurately and precisely the location of the voting station and the names of the voting station officers and their substitutes.
Article 67.- Once published, the location of the voting stations shall not be changed except for reasons of force majeure, as approved by the Decentralized Office of Electoral Processes and with the consent of the Special Electoral Jury.