2024-04-29 05:04:29
By mid-November 2024, the National Electoral Council (CNE) should have new authorities, since all its members, Diana Atamaint, Elena Nájera, Esthela Acero, Enrique Pita and José Cabrera, functions end. However, whether its renewal is completed in that period or not depends on the actions taken by the Council for Citizen Participation and Social Control (CPCCS).
Let us remember that on November 16, 2018, the CPCCS-transient appointed the members of the CNE for a period of six years (on April 20, 2021, Luis Verdesoto resigned and was replaced by Elena Nájera).
But the Constitution establishes in its article 218 that two main members and two substitutes of the CNE They must be renewed every three years, that is, this should have been fulfilled in November 2021, but it did not happen.
This renewal is accomplished through a Citizen Commission of selection. In the case of the CNE, the process only began in 2022. However, in August 2023, a judge from the Samborondón canton (Guayas) accepted a protection action in favor of the applicant Iván Heredia Telloconsidering alleged irregularities in the process and ordered that the contest return to zero.
This measure was only revoked in January 2024 by a Court of the Court of Justice of Guayas. Added to this was a consultation made on January 31 to Attorney’s Office to find out if they could continue with the partial renewal of the CNE, because they are in the electoral period. The response was positive and was given on March 11.
Continue with partial or total renewal?
In the CPCCS Plenary there is now a doubt: continue with partial or total renewal. On Wednesday, March 20, counselor Juan Esteban Guarderas moved a proposal for the entity’s legal coordination to issue a non-binding report regarding the viability of using the partial renewal contest, which is being carried out at this time, for a total renewal. . The Plenary voted unanimously in favor.
He legal report It will be delivered on Tuesday, March 26. Any of the councilors can propose that it be included in the agenda and resolve on it on Wednesday, during the Plenary session.
There are divided opinions on the subject. For Nicole Bonifazpresident of the CPCCS, the process must continue with partial renewal, “because that is what the Constitution mandates.”
In addition, he points out that giving way to total renovation may cause more delays. protective actions and even “restrict the rights of the candidates who are currently better qualified.” This considering that if the contest is for total renewal, it should be returned to the application phase.
«If we start a new contest, believe me, more protection actions will come. This has already happened and it is happening to us in some contests,” she commented.
For its part, the advisor Mishelle Calvache She is in favor of the contest being completely renewed, since from the beginning there were “irregularities”, such as the commissioners receiving documentation out of time. “That is, several applicants have a qualification that does not correspond to them,” she explained. Physical records were also returned to the applicants.
And he adds that developing two contests for the same purpose within the same period is “unhelpful” and implies double spending, which can be observed by the Comptroller’s Office, he emphasizes.
“There are two options: continue with a failed contest, with so many observations or go back a few pagesstart from scratch, and change the five members of the CNE,” he stated.
What phase was the contest in?
While that is resolved, the Citizen Commission for the partial renewal of the members of the CNE continues with his work. The contest reached the merit requalification phase, an instance where the work experience, academic degrees, publications, among others, of the participants are weighted out of 50 points.
The best rated are:
- Hector Patricio Tapia Ramírez 50 points
- Mónica Eulalia Banegas Cedillo 48.5 points
- Marcos Lenin Dávila Cedeño 48 points
- Fausto Patricio Camacho Cedeño 47.5 points
- Daniel Alexander González Pérez 47 points
- Eduardo Julián Franco Loor 46.75 points
- Diego Roberto Tello Flores 46.5 points
Eduardo Franco Loor, former lawyer of Jorge Glas, He assured that he will no longer continue participating in this process. It’s no longer of her interest, she said. The jurist even analyzes whether he will take office as a substitute member of the CPCCS for an eventual candidacy in the 2025 elections.
Respect to Fausto Camachoit turned out that he does not have a third-level degree, but he does have a master’s degree, according to Senescyt.
If the partial renewal continues, the 165 applicants, or 164 if Franco Loor no longer continues, will have to take a written exam and a practical case as part of the opposition phase.
To do this, the Commission will ask 52 universities in the country for names to form a team of professors who will prepare the bank of questions and practical cases.
Likewise, after the opposition and challenge stage has concluded, a draw so that by chance the two CNE councilors who must leave are chosen.
On the other hand, the vCNE officials such as José Cabrera and Diana Atamaint They have clarified that their functions have not been extended, since their term is six years and they stressed that it is not their responsibility that the partial renewal has not been fulfilled at the time.
However, if the partial and total renewal contests are held, three of them would be extended in office. Nicole Bonifaz estimates that the latter can be renewed even after the month of March.
A Citizen Commission with many changes
The Citizen Commission It is made up of five members of the citizens and five delegates of the functions of the State.
After this entire process, since 2022 it is made up of the majority of substitutes and there are still no appointments
Citizenship 1: Ángel Medardo López. It started as main and remains as such
Citizenship 2: Carlos Alberta Amaya. It started as main and remains as such
Citizenship 3: María José Murillo. It started as main and remains as such
Citizenship 4. Jhon Jairo Silva. President of the Commission. He was a substitute and took the lead instead of Elizabeth Arroyo
Citizenship 5: Mercedes Villareal. She replaced Pedro Bhrunis, former judge of the so-called beer Constitutional Court. But she has not participated in the sessions, she is involved in the Purge case and is in Spain. It is necessary to name his replacement
Transparency and Social Control Function: Javier Rolando Velecela. He was a substitute.
Legislative Function: Delegate to be appointed
Executive Function: Édgar Franklin Rojas. He was a substitute
Electoral Function: María Saltos. She was a substitute
Judicial Function: Failure to appoint a delegate
John Jairo Silva, president, ensures that the Commission is autonomous. He even stressed that he has not been immersed in political processes or popular elections.
And he made some clarifications regarding specific criticisms, such as that of the candidate Fausto Camacho. He explains that the highest academic instruction was considered, in this case, the master’s degree. The reclassifications were approved by the Plenary Session of the Commission. And he noted that citizens can make observations in the citizen challenge phase.
Refering to return of files, said that this is due to the protection action presented before the Samborondón judge, because that is what the legal appeal ordered. But it highlights that the Commission has certified copies of the applicants’ folders.
«In the event that any file is needed for the challenge stage“Both the CPCCS and this Commission have all the certified information,” he said.