Constitutional Court of Ecuador declares viable reform to eliminate state fund for parties

The Constitutional Court of Ecuador declared constitutional President Daniel Noboa’s request to eliminate state financing for political organizations and electoral propaganda through a partial reform of the Constitution.

The resolution, which was notified on Wednesday, will not come into effect for the electoral campaign for the February 2025 elections in which Noboa aspires to a new mandate.

According to the decision of the Constitutional Court, approved by a majority of five of nine judges, the mechanism proposed by the ruler “does not alter the constitutional reform procedures nor establishes restrictions on constitutional rights or guarantees.” The proposal “respects the limits for it to be processed through the partial reform procedure” in the National Assembly, the opinion added.

In September, Noboa sent to that constitutional control body the elimination of the public fund for parties through a partial reform of the Constitution, in its articles 110 and 115.

After receiving the approval of the Court, the president will send the project “immediately” to the Assembly, the Ministry of Government said in a statement. He demanded that the Legislature process it with “the speed that the case warrants” and indicated that the reform seeks to “avoid the misuse of public resources” by the candidates, who have not been made transparent.

Once the National Assembly receives the reform project, it must process it in two sessions of the Plenary – with a space of 90 days between the first and second debate – and it must be approved or rejected with a majority of at least 92 votes out of a total of 137.

Finally, it will be submitted to a referendum, 45 days after its approval.

According to the deadlines, added to the legislative recess scheduled between January 5 and 19, the reform – if approved – will not be in force for the 2025 elections. It will apply for the 2029 presidential elections.

The Constitution in force since 2008 establishes in its article 110 that “political parties will receive allocations from the State subject to control”, while article 115 states that the State will guarantee, through the media, electoral promotion “in an equitable and egalitarian”, promoting the debate and dissemination of the programmatic proposals of all the candidates.

To receive the fund, which is delivered directly by the National Electoral Council to the media that broadcast the advertisements and spots of each candidate, without going through the hands of the political parties or movements, they must comply with legal requirements. Among them, accrediting a minimum number of supporters, maintaining delegates throughout the country or in the provinces and reaching at least 4% of the vote in two consecutive elections, among others.

Noboa, a young 36-year-old millionaire businessman and politician, came to power in 2023 in extraordinary elections called after his predecessor Guillermo Lasso dissolved the Assembly in the midst of a political trial against him that shortened his presidential term.

Now Noboa aspires to re-election in next year’s ordinary elections for a four-year term, where he will have to face 15 other candidates.

The National Electoral Council (CNE) allocated 13.76 million dollars to the propaganda of the candidates for president and vice president who will be elected in February.

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