Political Constitution of Colombia (1991)

The National Election Commission shall grant legal personality to political parties and movements and relevant groups of citizens. They may acquire it by obtaining no less than three percent (3%) of the votes validly cast in the national territory in the elections of the House of Representatives or Senate. They shall lose it if they do not obtain this percentage in the elections to the same Public Bodies. This does not apply to the special regime enacted by statute for the minority constituencies, in which it shall suffice to have obtained representation in Congress.

Political parties and movements shall also lose their legal personality if they do hold at least every two (2) years a party congress which allows their members to influence the most important decisions on their political organization.

The political parties and movements with recognized legal personality may register their candidates in the elections. To this effect, the said registration must be guaranteed by the party’s or political movement’s respective legal representative or by the person delegated by the latter.

Social movements and relevant groups of citizens may also register candidates.

Each registration of a disqualified candidate shall be cancelled by the National Election Commission in accordance with the requirements of due process.

The by-laws of political parties and movements shall regulate the issues pertaining to their internal disciplinary regime. The members of the Public Bodies elected for the same party or political movement or citizen movement shall act within these bodies as a faction (bancada) in the terms defined by statute and in accordance with the decisions democratically adopted by them.

The internal by-laws of the political parties and movements shall determine the matters of conscience to which this regime does not apply and may establish sanctions for the disregard of their guidelines by members of the parliamentary groups which shall comprise various levels up to the expulsion from the party and may include the loss of voting rights as member of Congress, Deputy, Councilor or alderman/alderwoman (edil) for the remainder of the term for which the person concerned was elected.

For the elections to Congress which take place in 2010, the percentage to which the first section of this Article refers shall be two percent (2%); the requirement of party membership one year prior to registration mentioned in section 8 shall not apply.