The
1967
constitution
was
the
first
to
introduce
provisions
for
political
parties.
The
1979
Constitution
attempts
to
strengthen
the
party-based
system
by
giving
parties
state
protection
and
financial
assistance.
For
a
party
to
receive
state
financial
aid,
it
must
have
obtained
at
least
5
percent
of
the
votes
in
elections
for
national
and
provincial
deputies,
councillors,
and
council
members.
In
these
elections,
the
parties
are
prohibited
from
forming
alliances;
each
party
is
obliged
to
run
its
own
candidates.
Alliances
are
allowed,
however,
in
elections
for
president
and
vice
president,
mayors,
and
prefects.
The
Constitution
apportions
state
financial
aid
to
legally
recognized
parties
as
follows:
60
percent
in
equal
parts
to
each
party
and
the
remaining
40
percent
according
to
the
votes
obtained
in
the
last
national
elections.
Although
the
parties
also
receive
contributions
from
their
affiliates,
they
may
not
receive,
directly
or
indirectly,
financial
donations
from
individuals
or
groups
that
have
contracts
with
the
state
or
from
companies,
institutions,
or
foreign
states.
Article
37,
which
was
widely
debated
prior
to
the
holding
of
a
popular
referendum
in
June
1986,
gives
legally
recognized
parties
a
type
of
monopoly
because
only
they
can
run
candidates
in
an
election.
Whereas
the
Constitution
gives
any
citizen
the
right
to
be
elected,
Article
37
prohibits
a
citizen
from
running
as
an
independent
candidate
and
requires
candidates
to
be
affiliated
with
a
political
party.
Salgado
observed
that
the
party
affiliation
requirement
probably
strengthens
the
party
system,
but
it
does
so
by
compromising
the
political
right
of
any
citizen
to
run
for
office.
Although
Ecuadorians
over
eighteen
years
of
age
may
join
a
political
party,
under
the
Law
of
Political
Parties
this
right
does
not
apply
to
active-duty
members
of
the
armed
forces
and
National
Police,
ministers
of
any
religious
denomination,
or
anyone
sentenced
to
jail
for
defrauding
the
state
[at
least
until
after
a
period
double
that
of
the
prison
sentence].
The
law
also
prohibits
more
than
one
party
affiliation.
The
penalty
of
violating
this
law
is
loss
of
citizenship
rights
for
one
year.
The
Constitution
sets
out
the
organizational
requirements
for
a
political
party.
It
must
have
a
party
doctrine
and
a
program
of
political
action
that
are
in
accord
with
the
national
interests.
A
party
must
keep
count
of
the
number
of
its
members
and
be
organized
on
a
national
level;
that
is,
its
organization
must
extend
to
no
fewer
than
ten
provinces,
including
two
of
the
three
most
populated
provinces
[which
in
the
late
1980s
were
Guayas,
Pichincha,
and
Manabk].
The
Law
of
Political
Parties
also
establishes
that
the
membership
of
a
party
must
constitute
no
fewer
than
1.5
percent
of
the
registered
voters
in
the
last
electoral
turnout.
A
grouping
or
political
movement
must
seek
TSE
recognition
as
a
party
according
to
a
procedure
laid
out
in
the
Law
of
Political
Parties.
To
participate
in
elections,
a
party
must
have
been
legally
recognized
six
months
before
the
holding
of
these
elections.
In
the
late
1980s,
Ecuador
had
sixteen
legal
parties.
Any
changes
in
the
higher
leadership
of
a
party
or
in
its
statutes
must
be
reported
to
the
TSE
within
eight
days.
The
principal
leader
of
a
party
and
the
members
of
its
higher
leadership
body
serve
two-year
terms.
The
principal
leader
may
be
reelected
only
once,
after
a
two-year
period,
for
another
term.
When
a
party
splits
and
two
directorates
are
formed,
the
TSE
must
determine
which
faction
is
legitimate.
To
that
end,
each
faction
has
a
thirty-day
period
in
which
to
present
its
case.
The
TSE
then
has
fifteen
days
in
which
to
decide
on
the
case,
and
its
decision
is
final.
Other
party
problems
generally
are
resolved
internally
and
in
accordance
with
the
party's
statutes
and
regulations.
The
party's
national
leadership
or
the
elements
in
conflict
may,
however,
submit
their
problem
to
the
decision
of
the
TSE.
According
to
the
Law
of
Political
Parties,
the
TSE
may
abolish
a
party
that
decides
to
dissolve
itself,
incorporates
or
joins
with
another
party,
does
not
participate
in
general
elections
in
at
least
ten
provinces,
forms
paramilitary
organizations,
or
does
not
respect
the
required
nonpolitical
character
of
the
active-duty
armed
forces
and
National
Police.
As
originally
formulated,
the
Law
of
Political
Parties
also
provided
that
if
a
party
failed
to
obtain
at
least
5
percent
of
the
votes
in
each
of
two
successive
elections,
the
TSE
could
dissolve
it
by
withdrawing
its
legal
recognition.
That
provision
was
not
in
effect
in
1988,
however,
having
been
declared
unconstitutional
because
of
a
technicality;
whereas
the
Law
of
Political
Parties
spoke
of
a
required
"electoral
percentage,"
the
Constitution
refers
only
to
an
"electoral
quotient."
Unless
it
is
dissolving
itself,
a
party
being
abolished
by
the
TSE
has
sixty
days
in
which
to
present
documentation
in
its
own
defense.
Notice
of
the
abolishment
of
a
party
and
the
cancellation
of
its
registration
are
published
in
the
Registro
Oficial
del
Estado
and
sent
to
the
news
media.
The
Law
of
Political
Parties
guarantees
parties
the
right
to
organize
meetings,
marches,
and
public
demonstrations.
A
party
must
submit
a
written
request
to
hold
a
public
march
or
demonstration
at
least
forty-eight
hours
in
advance.
The
authority
may
reject
a