SAN JUAN – Judge Anthony Cuevas Ramos declared that a motion to dismiss a motion for judicial review presented by the candidate for “write in” to the mayor of Guánica, Edgardo Cruz Vélez, has not been filed so that the votes under his direct nomination are counted and that they were supposedly not properly marked.
“On this occasion we cannot give deference to a determination of the EEC that affects fundamental rights, is unreasonable and leads to the commission of injustices. In this way, it is our duty to nullify an instruction that, instead of safeguarding the intention of the voter, attempts against him. Thus, we revoke part of Resolution CEE-AC-20-547 in order for all direct nomination votes without a mark to be counted in the direct nomination quadrant containing the name of the nominee.
Regarding the second claim requested in the appeal, that is: “to subtract the votes of the other candidates for mayor under the ballots that would be classified as mixed as a result of the previous request, as established in the Electoral Code, the Regulations and the Manual of “Rules and Criteria” on mixed voting “is declared No place. Said remedy is not contemplated nor is it related to Resolution No. CEE-AC-20-547 contested in the appeal filed.
Due to the reasons set forth above, this Court declares the motions for dismissal presented not in place. As a result, the Appeal for judicial review presented by Mr. Edgardo Cruz Vélez has been declared, in accordance with what was stated in this Judgment, ”declared Judge Cuevas Ramos in his 13-page sentence.
On December 22, 2020, petitioner Edgardo Cruz Vélez, candidate for mayor of Guánica under the direct nomination or “write in” modality, presented under article 13.2 of Law 58 of 2020 known as the Electoral Code of Puerto Rico of 2020, the Appeal for judicial review against Resolution Number CEE-AC-20-547. He requested that the court annul said Resolution ordering that the votes cast in the voting station with the electronic counting machine be counted, under the name of Edgardo Cruz Vélez or any of its variants, even if they do not have the mark on the direct nomination quadrant. In addition, that the votes of the other mayoral candidates be subtracted under the ballots that would be classified as mixed as a result of the previous request, as established by the Electoral Code, the Regulations and the Manual of “Rules and Criteria” on voting. mixed.