President Luis Abinader has enacted Law No. 13-26, a legislative amendment that practically eliminates independent candidacies for the 2028 general elections. All candidates need to be backed by recognized political organizations – political parties, groupings and movements.
This means that any individual wishing to run for a legislative, municipal, or executive office must be nominated by a legally recognized political organization. These are the only candidacies that can aspire to the generous government funds made available to aspiring candidates.
The law, signed on 26 March 2026, serves as a direct legislative response to recent judicial mandates and structural concerns regarding the Dominican Republic’s electoral framework.
The new statute specifically repeals Articles 156, 157, and 158 of Law 20-23 (Organic Law of Electoral Regime). These previous articles had outlined provisions for candidacies outside of the traditional party system. According to the Executive Branch, the shift follows Ruling TC/0788/24 issued by the Constitutional Court (TC). The court had previously declared the existing regime for independent candidates unconstitutional, citing that the requirements imposed on those seeking office outside of parties were “disproportionate.”
Rather than easing those requirements, the new law consolidates political participation within formal structures. The text of Law 13-26 explicitly defines the scope of political engagement: “Political parties, groupings, and movements constitute the exclusive modalities of political participation, understood as the process toward the election of elective authorities in the different instances and branches of government.”
The rationale
Legislators argued that allowing independent candidacies creates significant administrative and institutional hurdles. Specifically, the legal text highlights potential conflicts regarding:
• Succession and vacancies: Difficulties in determining legal alternates or replacements for independent officials who leave office.
• Institutional organization: Risks to the stability of the political system and the logistical complexity of managing non-affiliated candidates within the existing party-centric infrastructure.
Timeline and implementation
The amendment ensures that for the 2028 general elections, all candidates for popular election must be nominated through parties, groupings, or political movements recognized under current Dominican law.
Response to the Constitutional Court
The law was drafted following Ruling TC/0788/24 from the Constitutional Court. The Court had found the previous requirements for independent candidates to be “disproportionate.” However, instead of lowering the barriers for independents, the National Congress opted to remove the category of independent candidates entirely, arguing that it preserves institutional order.
With the enactment of the new law, President Abinader overrides the Constitutional Court recommendations. Back in December of 2024, the Constitutional Tribunal issued Sentence TC/0788/2024 that said it was unconstitutional to limit the participation of citizens in Dominican elections. Basically, this referred to the so-called “independent” candidates who were nominated by a political party. This aspect was covered in Law 20-23 on the Electoral Regime.
After their analysis of the process, the tribunal decided that the restriction requiring a nomination by a political party was not within the constitutional principles as laid out in the 2010 Constitution.
As a result, the Constitutional Court had suggested that the legislation be amended so that it eliminate the party requirement and replace it with a requirement that allowed independent candidates supported by civic groups.
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Presidency
Diario Libre
Listin Diario
6 April 2026