The invalidity of the elections for members of the national and foreign parliament opens a debate about the constitutionality and legality of the decision policy | News

The invalidity of the elections for members of the national and foreign parliament opens a debate about the constitutionality and legality of the decision  policy |  News

Controversy and political pressures over the votes of Ecuadorians living abroad and technical malfunctions in the remote voting system confront positions regarding the decision of the National Electoral Council to cancel the process of dignity of members of the National Assembly and abroad.

The Citizens’ Revolution Movement, like the Democratic Central Movement, asked for the election to be annulled because the right of Ecuadoreans living abroad was affected, who, due to the failure of the remote voting system, could not vote on Sunday 20 August.

CNE will re-elect assembly members from abroad due to remote voting problems

The Konstroy movement and the National Community Party expect that they will challenge the decision of the National Electoral Council as unconstitutional and because it has clear political intentions in favor of the political movements that went to the second round of the presidential elections, which will take the run-off on October 15.

While professor and expert on electoral issues Esteban Ron justified the decision of the National Electoral Council, saying that Article 143 of the Democracy Act, which defines three types of nullification: voting, elections and auditing, allows nullification as long as it indicates that there is an interference of 30% higher than the total number of votes. In addition to having an intervention in the final results of the Commission.

Jorge Peñafiel, member of the assembly elected by the Construy Movement, He said that it is illegal, unconstitutional and illegitimate to re-election for members of the assembly only.

He explained that it is illegal because it contradicts Article 89 of the Democracy Law, which states that the second electoral round will be for the presidential duo, and not for electing members of the council, and therefore the National Electoral Council cannot hold elections at that time. .the meaning.

Peñafiel added that it is unconstitutional, because it affects the principle of equal voting, because regional and extraterritorial voting is one, that is, by means of an electoral event, and one part cannot be canceled, and all of this is consistent with the principle of universal voting. Voting, because voting is universal, equal and secret.

In addition, the Constitution contains clear principles of legal certainty as it states that in common law only what is prescribed by law shall be done; So, if the Democracy Act does not allow the NEC to partially annul the elections and hold elections for the council members in the second round, it is unable to do so.

He pointed out that the National Electoral Commission is behaving with such insolence and intends to benefit the lists that participated in the poll, as neither the constitution nor the law allow the elections to be divided into a second round.

Former President of the Republic Lucio Gutierrez, member of the Virtual National Assembly of the National Community Party (PSP)He denounced that behind the political goal of trying to change the distribution of seats for members of the National and Foreign Assembly is former President Rafael Correa, who “is the one who takes decisions and the National Electoral Council follows his orders.”

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What they want is to prevent Lucio Gutierrez from accessing the National Assembly legally. He added that the law is clear in its article 89 of the Democracy Act, which stipulates that the President of the Republic, his vice president, members of the Andean Council and parliamentarians are elected on the same day, and if the presidential binomial does not obtain a majority, the two finalists will move to the second round. He pointed out that therefore the council members cannot be elected in a second electoral round, because it is an explicit violation of the law, because the vote is instigated and they want to favor the candidates of the political parties that went to the second round.

Professor and expert on electoral issues Esteban Ron He pointed out that if the electoral results are analyzed for the dignity of the President and the Vice President of the Republic, they have no effect on the two presidential dynasties and on popular consultation, but I believe that the distribution of National Assembly seats and members of the foreign assembly will change when the number of voters reaches 120,000.

Ron said that one cannot speak of inequality when new elections are called abroad, because what must be overridden are the rights of political participation of Ecuadorians abroad, and that the technical failures that prevented the expression of this will are possible. (yo)

Aygen Marsh

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