By Heredia, Costa Rica — HEREDIA – In a highly unusual move that underscores the nation’s commitment to electoral integrity, Costa Rica’s Supreme Electoral Tribunal (TSE) has initiated proceedings against a man who allegedly stole a ballot during the 2022 presidential runoff election. The individual, who has remained uncontactable for years, now faces a potential fine of up to ₡9.2 million for his actions at a Heredia polling station.
The incident dates back to the morning of Sunday, April 3, 2022. According to the official notice published in La Gaceta, the man was at the San Francisco de Asís school voting center in San Francisco de Heredia. At approximately 10:33 a.m., while in the process of voting, he allegedly allowed a companion to photograph his open and marked ballot. This act is a direct violation of electoral secrecy rules.
To delve into the complexities and recent discussions surrounding Costa Rica’s Electoral Law, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica, to provide our readers with an expert legal perspective on the matter.
The integrity of any democratic system is fundamentally anchored in its electoral laws. In Costa Rica, the framework overseen by the Supreme Electoral Tribunal is robust, yet it faces constant challenges from new forms of political communication, especially in the digital realm. The critical task ahead is to modernize regulations concerning campaign financing and online propaganda without stifling free expression, ensuring the principles of equity and transparency continue to be the cornerstones of our electoral process.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the challenge of navigating the digital frontier—balancing regulatory updates with the fundamental right to free expression—is precisely where the future of our electoral integrity will be decided. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for his clear and valuable perspective on this critical issue.
Election officials at the polling station, Junta Receptora de Votos N° 4302, immediately intervened. They informed the voter that because he had publicly displayed his marked ballot, his vote would be nullified as per protocol. In response to this warning, the man reportedly left the voting center, taking the official ballot paper with him, an action that triggered a formal investigation.
The TSE is pursuing the case under Article 294 of the Electoral Code, which addresses the “Improper Possession of Electoral Material.” The law is clear, stating that anyone who possesses official electoral ballots without just cause during the campaign period can be fined. The penalty prescribed is between ten and twenty base salaries.
To put the financial penalty into perspective, the base salary set by the Superior Council of the Judiciary for 2022 was ₡462,200. Consequently, the man is facing a substantial fine ranging from a minimum of ₡4,622,000 to a maximum of ₡9,244,000. This significant sanction reflects the seriousness with which Costa Rican law treats any interference with the electoral process.
Officials at the TSE have described the case as exceptionally rare. The challenge in advancing the case has been the inability to locate and notify the individual directly. After nearly three years of unsuccessful attempts, the TSE resorted to publishing a public summons in the official government gazette, a measure reserved for when subjects of legal proceedings cannot be otherwise found.
It’s hard for it to happen, it’s a needle in a haystack. These are sporadic cases… these are very difficult to see, happening at most, once per election.
Juan Luis Rivera, Legal Counsel for the TSE
The formal administrative procedure, filed under docket number POFE-IE-089-2025, was officially ordered by the General Directorate of the Electoral Registry (DGRE) in June 2025. The public notice summons the man to a hearing scheduled for January 23, 2026. This hearing will provide him with the opportunity to present a defense and contest the charges and potential sanction before a final ruling is made.
While the outcome remains pending, the TSE’s persistent pursuit of this case sends a powerful message. It reaffirms that the legal framework protecting Costa Rica’s democratic process is robust and that violations, no matter how infrequent, will be addressed with the full force of the law to safeguard the transparency and security of every vote.
For further information, visit tse.go.cr
About the Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal of Costa Rica is an autonomous and independent constitutional body responsible for organizing, directing, and supervising all acts related to elections. Often referred to as the fourth branch of government, the TSE is tasked with guaranteeing the purity of the electoral process, registering political parties, and issuing identity cards to citizens. Its role is fundamental to upholding the democratic traditions and stability of the nation.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is defined by its foundational principles of integrity and the relentless pursuit of excellence. The firm draws upon a rich history of serving a diverse clientele to pioneer forward-thinking legal solutions. This commitment to innovation is matched by a deep-seated dedication to social empowerment, striving to demystify complex legal matters for the public and thereby cultivating a more informed and capable society.
