Base legal - Elecciones Generales 2026

Legal Framework for the 2026 General Elections

Overview of Candidates and Election Process

• Jaila Impineda introduces the topic, focusing on the legal basis for the upcoming general elections in Peru scheduled for 2026.

• The candidates involved include those running for the presidency (presidential candidate and vice-presidential candidates) and representatives to Congress and the Andean Parliament.

• The Constitution of Peru and Law 31.988 are highlighted as foundational legal documents, establishing a five-year term for presidential and congressional mandates.

Structure of the Electoral System

• The electoral system comprises three main bodies: National Jury of Elections, National Office of Electoral Processes, and Registry of Identification and Civil Status, all operating autonomously yet coordinating with each other.

• Key organic laws governing these entities include Law 26.487 (Organic Law of OMPE), Law 26.486 (Organic Law of National Jury), and Law 26.497 (Organic Law of Renier).

Additional Legal Provisions

• The Organic Elections Law (Law 26.859) guides electoral processes involving political organizations and citizens at a national level.

• The Political Organizations Law (Law 28.094) regulates party recognition, alliances, primary elections, defining how parties select their candidates for the general elections.

Recent Reforms Impacting the Election Process

Key Legislative Changes

• New reforms from January 2024 affect election procedures; notably, Law 31.981 outlines participation rules for electoral bodies in primary elections.

• Three types of primary elections are established: by affiliates, by registered citizens, and by delegates.

Bicameral Congress Restoration

• Reform through law 31.988 reinstates bicameralism in Congress with separate chambers for deputies and senators.

Timeline Adjustments

• According to law 32.058 published on June 14, 2024, general elections will occur one year earlier than previously scheduled; affiliation deadlines were set to July 12, 2024.

Innovations in Voting Procedures

Changes to Electoral Logistics

• New regulations under law 32.166 extend voting hours from morning until evening; polling members must arrive early at voting locations.

Member Selection Process

• Under law 32.231 published on January 9, 2025, member selection is now randomized among voters within their precinct rather than predetermined lists.

Voting Documentation Requirements

• Final reform via law 32.243 mandates that ballots be signed off by all table members while reducing electoral act copies from five to four sets distributed among various electoral authorities.

Electoral Reforms for 2026 Elections

Overview of Recent Electoral Reforms

• Reform Number 7: Introduced by Law 32.245, published on January 15, 2025. It modifies the electoral threshold requiring at least 5% of legal members in both chambers and a minimum of 5% valid votes nationally for seat distribution.

• Simultaneous Candidacy: The new regulation allows presidential and vice-presidential candidates to also run for Senate or Chamber of Deputies in the upcoming general elections of 2026.

• If a presidential candidate is elected, they cannot assume roles in the Senate or Chamber; instead, the next candidate in line will take their place.

Additional Reforms Impacting Elections

• Reform Number 8: Found in Law 32.264, published on March 20, 2025. This reform includes transitional provisions establishing specific timelines for primary and general elections in 2026.

• Reform Number 9: Enacted through Law 32.260 on March 24, 2025. It introduces digital voting as an alternative to traditional ballot voting, which is voluntary and progressively implemented with priority groups defined by OMPEL.

• Reform Number 10: Established by Law 32.299 on April 11, 2025. It permits special electoral juries to order vote recount procedures when material errors are identified that cannot be corrected with an electoral act copy.

Summary of Electoral Changes

• Since January 2024, various electoral reforms have been enacted to prepare for the general elections scheduled for 2026. These changes have been documented by the National Jury of Elections within an approved electoral schedule (Resolution No.126-2025).