What does it mean for a party to stop reviewing the electoral records (and what is the only way to reverse everything)

by time news

2023-07-06 01:13:41

For the constitutional lawyer, Edgar Ortiz, some parties realized that politically it is not good to be in the combo of groups They are asking for a review of the electoral results and that is why they are seeking to withdraw the amparo that they raised on June 30.

Only the Podemos party announced that it would do so, but until now it has not made it effective before the Constitutional Court (CC), who was the one who granted the amparo to them and eight other political groups.

“As a former candidate for the presidency and a member of the Podemos party, I have asked the Secretary General to remove the prosecutor from office immediatelyuplent, Roberto Villate, because he is making decisions personally and not institutionally,” Arzú asserted by telephone.

Arzú justified his support for this alliance because originally there had only been talk of verifying the situations of some municipalities, such as the capital, where the difference in votes was minimal in some elections.

Regarding the withdrawal, the constitutionalist Édgar Ortiz indicated: “For legal purposes, the withdrawal is not so important even if only one does it, unless they all do it, but in any case it would continue its course. I think the issue is more important in the political, the media. Another thing would be for the CC to revoke it”, says Ortiz.

“What happened with the Court is that it took a large amparo with different interests and put it in the same bag,” Ortiz analyzes. And he adds that on the basis of that resolution “many interests of the political groups are at stake.”

Ortiz remembers that some fought short differences in councils. “His motivation for him was to scratch a seat or a municipal corporation and that was mixed with other parties with more questionable interests in destroying the elections,” he said.

the shelter

On Friday June 30 the matches Cambio, Mi Familia, Valor, Podemos, Vamos, Creo, Cabal, VOS, UNE and Azul filed an appeal in the Constitutional Court against the election results.

A day later, the CC decreed the provisional amparo and ordered to repeat the hearings to review the scrutinies at the national level. The VOS, Creo and Semilla parties began the discussion before the results of the elections in Guatemala City where the difference between first and second place was just over 500 votes.

Soon, other groups joined the demand and went further. They set their eyes on the presidential election, and also on municipal corporations and deputations by national and district list.

Since Tuesday, July 4, the Departmental Electoral Boards (JED) have executed the order of the CC amid pressure, shouts and requests to open electoral boxes, something that is prohibited by the Electoral and Political Parties Law (LEPP) and is not stipulated in the amparo.

Of the nine parties covered for the scrutiny review, only three maintain the narrative of opening the electoral boxes: Change, Come on and Value. Representatives of these parties have openly said that they require it to be done in order to count the votes one by one “as ordered by the CC.”

The constitutionalist Ortiz recalled that the amparo does not order the electoral boxes to be opened, but rather “carry out a comparison and leave an open door if reasonable evidence of alterations is found that may lead to nullity or recounting of votes.”

But yes, says Ortiz, conditions that situation. “It doesn’t say go to the meeting and open the boxes. She conditions him deeply. For example, in some minutes, not in all, the parties that want to must demonstrate this procedure in a reasonable way ”, indica.

Withdrawals and communications

The Podemos party, which nominated Arzú, distanced itself from the eight groups that, in addition to the amparo before the CC, filed an appeal in the Supreme Court of Justice (CSJ) to force itself “duly execute the order of the Constitutional Court”.

Arzú assured that the original idea was distorted by requesting that the presidential election be reviewed and that is why they backed down.

Up to now, the Podemos party has not officially withdrawn from the CC as the former candidate had announced. presidential office in the morning of July 5.

Of course, Arzú asserted that they respect the results of the presidential election, but maintains that they support the review of other candidacies where the difference in votes was minimal between contenders.

Jorge Baldizón, a member of the Cambio party, assured that no matter how many statements they make, “all those who signed the provisional protection must abide by it, unless they give up.”

He added that, if they do not, they will continue to be linked to that action that was raised in the CC. He explained that if Podemos, Cabal and Azul give up, then there will be six other groups that will ensure that the protection is fulfilled.

“The legal capacity is unified in my person and therefore the leadership falls on Cambio. They will be able to withdraw publicly, but the fact is that they signed the amparo”, asserts Baldizón.

Jorge Jiménez, national secretary of organization of the Blue party, He is of the same opinion as Arzú. They support the presidential results of UNE and Semilla, but insist on revisions of other candidacies.

Edmond Mulet, from the Cabal party, which is also included in the protection granted by the CC, expressed in his official networks that they do not see that there can be a change between the first and second place, of those who go to the second round of the elections.

Mulet asserted that on August 20 the balloting should take place with UNE and Semilla. “It is important to defend the rule of law, respect the Constitution and the laws, fundamental bases of the democratic system,” he asserted.

He added: “Any action that undermines this system puts the political and social stability of Guatemala at risk. Let’s do the right thing,” concluded Mulet.

The VOS party supports the presidential election and has made it public, however, it insists on the revisions of mayoralties and councils. In fact, on July 4, he filed another amparo against the JED of Guatemala and the Central District for “irregularities in the electoral records.”

The Boards

Ortiz assured that the Departmental Electoral Boards (JED), Municipal (JEM) and Vote Recipients (JRV) have played a fundamental role in the judicialization of the electoral results of this 2023.

Ortiz considers that the resolution of the CC has been a hard blow to the central axis of the General Elections, the process of counting votes, which during the voting day are the JED, JEM and JRV, who defend the will of the citizens Guatemalans.

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“It has been a hard blow. I imagine they won’t feel like participating again. This damages trust in the system and is worrisome,” Ortiz asserted. It is important, she added, “to thank the citizens who have given their time for this, because they are the foundation of the system.”

But in the midst of all this, the Boards are already working on the review of the scrutiny as the CC ordered it to be done through an amparo granted to nine political groups that did not even reach 8% of the votes in the first electoral round. .

The DC order

The CC based its decision on article 238 of the Electoral Law and Political Parties (LEPP). The deadline for this task had ended on June 30, but it enabled five more days for the JED to organize themselves to carry them out. The CC’s order was that they should “rigorously observe the forms and requirements that the special law on the matter imposes on them, with the presence of the actors determined by law.” This order led to the suspension of the officialization of the results and the adjudication of positions of popular election.


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