The lawyer Eva Prados Rodríguez, candidate of the Citizen Victory Movement (MVC) to represent the Representative District 3 of San Juan in the last general elections, presented a challenge to the results of the State Elections Commission (CEE), which certified Juan Oscar Morales as the winner of the election.
The petition, filed both in the Court of First Instance and before the House of Representatives in accordance with the provisions of the Constitution and the Electoral Code of 2020, requests the holding of a new election due to the impossibility of generating a reliable and accurate result.
“In our petition we presented eight causes of challenge to the legality, reliability and certainty of the votes reported for the early voting and absentee voting modalities. If successful, the challenges would change the results of the general election in Representative District 3, ”said Prados Rodríguez.
On the one hand, the lawsuit challenges the validity and legality of over 200 legislative ballots for alleged findings of prima facie fraud, since they do not match the number of registered voters or were cast in violation of the laws and regulations for early voting in that district. representative, explained the candidate.
The validity and reliability of the results reported in schools of the early and absentee voting units are also questioned, since the vast majority consisted of briefcases without electronic or manual tally sheets, incident reports and voter lists.
Prados Rodríguez added that “these irregularities – contrary to the Constitution, the law and the regulations – are culpable, negligent and fraudulent, and had the effect of irremediably tarnishing and macular the electoral process carried out in this precinct.”
“Such a procedure —which diluted and violated the right to vote of the voters entitled to participate in these elections— produces serious doubts about the true result of that election and makes it impossible to determine with certainty who received the majority of the votes legally cast. No honest person can feel satisfied being declared the winner in these instances ”, he pointed out.
Unlike the electoral challenge lawsuits presented so far in court, the lawsuit of Prados Rodríguez will also have the Chamber as judge of the facts, since Morales was sworn in on January 2, before the candidate for the MVC was notified of the certification of the election that gave it the right to challenge the result.
According to the Electoral Code and the Constitution of Puerto Rico, this legislative body is the one who can pass judgment on the capacity and election of its members.
Although Prados Rodríguez obtained the highest number of votes cast on November 3 in the regular schools, with an advantage of more than 1,100 votes, the results reported for the early voting and absentee voting units put Morales finally winning the contest by 128 votes.