June 13, 2021

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Faced with a new legal challenge the EEC | government

A decision by the president of the State Elections Commission (CEE), Francisco Rosado Colomer, which strips the Puerto Rican Independence Party (PIP), the Movimiento Victoria Ciudadana (MVC) and the Project Dignity of representativeness and a proprietary electoral commissioner generated disgust in these communities and will be challenged in court.

The EEC resolution dictates that the five existing political parties on the island – the MVC, the PIP, the PD, the Popular Democratic Party (PPD) and the New Progressive Party (PNP) – were registered after the general elections of 3 November. However, the EEC authorized that only the PPD and the PNP have electoral commissioners in ownership and full representation in the electoral body, excluding the remaining three political parties.

This determination, according to the Rosado Colomer resolution, was made in accordance with the provisions of the Electoral Code of 2020, which became law a few months before the general elections.

The electoral commissioner of Proyecto Dignidad, Juan Manuel Frontera, anticipated that he would go to court and called Rosado Colomer’s determination discriminatory. “Project Dignity will go to judicial review of this determination and will fight to the last consequences for representative equality in the EEC,” said the vice president of the community in statements to THE SPOKESMAN.

“We are convinced that the conclusion reached by the president of the EEC – regarding the capacity of a political party after approving an Electoral Code with the intention of discriminating against minority political parties – is contrary to the Constitution and the jurisprudence of the Supreme Court of Puerto Rico ”, he added.

Frontera believes that the Electoral Code was approved with the intention of “creating a bipartisan political club excluding minorities.”

“That style of action reflects the policy that the people of Puerto Rico rejected at the polls. That style that today Governor Pedro Pierluisi proclaims that his administration is going to abandon and that he rejects. With this decision of the president of the EEC, the governor has the opportunity to make clear public expressions in repudiation of the anti-democratic effect of the Electoral Code and in favor of its repeal ”, he added.

“That can not be”

Ana Irma Rivera Lassén, senator and president of the MVC, confirmed that they will also go to court and that yesterday she would meet with her lawyers to discuss the legal arguments to object to the EEC decision.

The electoral commissioner of the community, Olvin Valentín, also participated in the meeting, reiterating that the MVC favors the equality of all parties.

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“We anticipated that the EEC was going to do something to try to take away the rights of the MVC and the other parties. We are already beginning to prepare and today (yesterday), the Day of the Kings and Queens, we are going to meet with our lawyers to determine the legal recourse to file. So we are obviously going to go to court and we understand that the application of the Electoral Code in this way does not hold up in law in terms of retroactively applying the taking away of rights from the parties that are already in the running when that Electoral Code was approved, “he said. Rivera Lassén.

He pointed out that what happened was one of the elements that concerned him since the Electoral Code was approved. “The entry of MVC and Proyecto Dignidad is recognized with some requirements that are now telling us that they change after we are accepted. So that cannot be. We will be discussing all this now based on a legal recourse, “he said.

Because the PIP and Proyecto Dignidad also plan to go to court, he explained that it would be at the discretion of the judge whether to consolidate the claims into one or treat them separately.

“The people of Puerto Rico voted for a plurality and did not give a majority to any party. Yet we have a CEE that clings to traditional two-partyism. Our position is that this goes against even the message that the people sent, but more than anything else it is an example of why that Electoral Code should never have been approved in the way it was approved, ”said Rivera Lassén.

They allege attack on minorities

Meanwhile, the PIP electoral commissioner, Roberto Iván Aponte, denounced that the EEC decision closes the doors to voices that provide credibility and greater confidence to the electoral process. “We will be resorting to the courts to challenge such determination and vindicate the rights of all parties in the face of the intransigence and undemocratic stubbornness of the PNP. We cannot allow the PNP to complete its festive project to kidnap the EEC, ”he said.

Aponte also pointed out that the EEC’s determination is discriminatory against the three parties registered by petition and that they were easily registered after the last electoral contest.

“The position of the PIP from the outset regarding this new law is that it is undemocratic and that it harms the rights of minorities. The rights of the parties by petition regarding representation in the EEC must be governed by the same law under which they were registered, ”he said.

Rosado Colomer’s determination arose as a result of a letter sent by the PIP electoral commissioner, dated November 9, in which he requested that the acquired right to representation in the EEC be recognized for all parties that had registered under the previous law and that they had obtained the number of votes required under that law. The PIP’s claim had the support of four parties, less than the PNP.

THE SPOKESMAN Yesterday he requested a reaction from the president of the EEC on the opposition to the resolution he issued on the eve of Three Kings Day, but at the end of this edition no response was received.

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