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Candidates for magistrates of the Tribunal Supremo Electoral must not have any party affiliation, according to reforms to the Electoral Code approved by the Political Commission of the Legislative Assembly of El Salvador.
These modifications are part of the changes stemming from the reform of Article 208 of the Constitution of the Republic, approved by the Legislative Assembly on april 29, 2024, and ratified on may 5, 2026, with the aim of strengthening the partisan independence of the electoral body.
According to the proposal, Article 44 of the Electoral Code, related to the requirements to be a magistrate of the TSE, would be reformed. In addition to being salvadoran by birth, over 40 years of age, lawyers of the Republic, and having judicial or professional experience, candidates may not be affiliated with political parties.
The initiative also includes modifications to Article 43, concerning the composition of the TSE.
Currently, the five magistrates of the Tribunal Supremo Electoral are elected under a system of party representation. However, with the proposed reform, they would be appointed directly by the Legislative Assembly.
The proposal stipulates that three magistrates would be elected through a public process initiated by the Assembly, while the other two would be selected from shortlists submitted by the Supreme Court of Justice of El Salvador.
The Legislative Assembly would also have the power to appoint the president of the Tribunal Supremo Electoral.
The reforms would also affect Article 48 of the Electoral Code, which deals with the election of alternate magistrates or replacements in case of vacancies.
Currently, political parties or coalitions submit shortlists to replace magistrates who leave office; however, under the new provision, the Legislative Assembly would be responsible for directly conducting the corresponding elections.
Furthermore, the favorable opinion contemplates replacing Article 38 of the Electoral Code to incorporate a new body within the salvadoran electoral structure.
This refers to the Overseas Voting Board, an entity that would be responsible for administering and overseeing the electoral processes for salvadorans residing abroad.
The proposed changes seek to modify the structure of the Supreme Electoral Tribunal (TSE) for elections and its operation, eliminating partisan representation in the body’s composition and establishing mechanisms focused on institutional independence.
The Political Commission issued a favorable opinion so that the reforms can continue their discussion and approval process within the Legislative Assembly.
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