An analysis of Articles 76 through 102.1 of the Electoral Decree published in Le Moniteur, Special No. 27, Tuesday, June 2, 2026.

As any electoral competition approaches, one question keeps coming up: what does it actually take to run for President, Senator, or Deputy in Haiti? The Electoral Decree published on June 2, 2026 answers this in its Title IV, “Elective Functions and Candidacies.” This article walks through the eligibility requirements set for each of these three offices, along with the rules that apply when a candidate dies, becomes incapacitated, or withdraws.

A Common Foundation of Nine Conditions

Whether running for the Presidency (Article 76), the Senate (Article 84), or the Chamber of Deputies (Article 95), the Decree requires — in addition to the conditions already set by the Constitution (Articles 135, 96, and 91, respectively) — the same nine conditions:

  1. Hold a valid national identification card — the candidate must possess a valid ID document.
  2. Be registered on the electoral roll — a baseline requirement for any voter wishing to become a candidate.
  3. Be in good standing with the tax authorities — the candidate must have no open tax disputes.
  4. Prove regular payment of tax obligations each year, by providing the corresponding annual certificates.
  5. Hold their asset declarations, for individuals subject to that obligation.
  6. Never have been found guilty of electoral fraud.
  7. Never have been subject to administrative measures imposed by the Provisional Electoral Council (CEP).
  8. Never have been dismissed from a Public Administration institution, within the meaning of Article 199 of the Decree of May 17, 2005 revising the General Statute of the Civil Service.
  9. Not be subject to United Nations Security Council sanctions.

This shared foundation reflects the legislature’s intent to standardize integrity requirements — fiscal, administrative, and criminal — across the major elective offices, while still reserving each office’s own constitutional conditions (age, nationality, residency, etc., set by Articles 135, 96, and 91 of the Constitution, which are not reproduced in the Decree).

The Presidency of the Republic

Beyond the nine common conditions, Article 77 confirms that the President is elected by direct universal suffrage, in accordance with the Constitution.

The voting method is set out in Article 78: if no candidate achieves an absolute majority, or the 25% lead margin provided for in the Constitution, in the first round, a second round is held within deadlines set by the CEP between the two leading candidates. The Decree also addresses specific edge cases:

  • Tied votes for the lead position: all tied candidates advance to the second round (Article 78).
  • Tied votes for second position: these candidates advance alongside the first-place candidate (Article 78).
  • Second round: the winner is whoever obtains the most valid votes (Article 79); in case of a tie in the second round, the winner is whoever had the most votes in the first round (Article 80).

The Decree also covers incidents that can arise during the race:

  • Death or mental incapacity before the first round (duly certified by a medical certificate from a mental health professional at the Ministry of Public Health and Population): the candidate is replaced by another candidate designated by their political party, grouping, or coalition of parties, provided the replacement meets the eligibility requirements (Article 81).
  • Death or mental incapacity after the first round: the same replacement principle applies; absent a replacement, the CEP sets new elections within a maximum of 90 days (Article 82).
  • Withdrawal or disqualification between the two rounds: a candidate admitted to the second round is automatically replaced by whoever came next in line in the first round (Article 83).

The Senate

The requirements to run for the Senate, set out in Article 84, replicate the same nine common conditions, in addition to those provided by Article 96 of the Constitution.

The electoral mechanics, however, have features specific to the Senate, since three seats per department are up for election at each major cycle (Article 90):

  • If no absolute majority is reached, or if the conditions of Article 94-3 of the Constitution are not met, a second round is held with the top six candidates from the first round, following detailed rules for handling tied votes (Article 91).
  • If only one candidate is elected in the first round, the second round pits four candidates against each other for the two remaining seats (Article 92).
  • If two candidates are elected in the first round, the second round pits the next two candidates against each other for the remaining seat (Article 93).
  • In the second round, the candidates with the most valid votes are declared elected, with ties resolved based on first-round results (Article 94).

The Decree also assigns terms of different lengths depending on the ranking of the three senators elected for the same department: six years for the first, four years for the second, and two years for the third (Article 90). Cases of death, incapacity, withdrawal, or disqualification follow the same rules as for the Presidency (Articles 87 through 89).

The Chamber of Deputies

Article 95 sets out the same nine common conditions for the office of Deputy, in addition to those provided by Article 91 of the Constitution.

The voting process follows a logic close to the presidential election:

  • Absent an absolute majority or the 25% lead margin in the first round, a second round is held between the two leading candidates (Article 96), with any candidate tied with them also advancing to the second round (Article 97).
  • In the second round, the winner is whoever obtains the most valid votes (Article 98); in case of a tie, the winner is whoever obtained the most votes in the first round (Article 99).
  • Cases of death, mental incapacity, withdrawal, or disqualification follow the same principles as for the Presidency and the Senate (Articles 100 through 102.1), including the rule of automatic replacement by the next candidate in line in the event of a withdrawal between the two rounds.

The Bottom Line

The 2026 Electoral Decree builds eligibility for the three major elective offices — the Presidency, the Senate, and the Chamber of Deputies — on the same foundation of integrity requirements: valid identification, electoral registration, tax compliance, no history of electoral fraud, no CEP administrative sanctions, no dismissal from public service, and no UN Security Council sanctions. This foundation supplements, without replacing, the conditions already established by the Constitution for each office.

For each office, the Decree then sets out a detailed mechanism for calculating results and handling unforeseen circumstances — death, incapacity, withdrawal, disqualification, tied votes — ensuring an election can proceed or conclude even when an incident affects a candidate.

This article was written based on Articles 76 through 102.1 of the Electoral Decree published in Le Moniteur, Special No. 27, of June 2, 2026. It does not replace consultation of the Decree’s full text or legal advice.