“If you go to a point where existing institutions are not subject to popular volunteering, they will eliminate those institutions.” -Noam Chomsky-
Lin the new Junta Central Electoral (JCE), in a legal-political act contrary to the science of constitutional, electoral and administrative content, in addition to being incompatible with the logic of political science, it is necessary to despair in the way of “erroneous” manner Resolution 01-2021, of the 27th of February of 2021 in the Fuerza del Pueblo party of its category of mayoral party, in a serious statement that profanes the voluntary saga of the electorate expressed by the mediating citizens the secret and free supremacy of human and fundamental law , about the cual the Estado and its demas institutional organs deben someterse.
In this sense, any action taken by any electoral body must be preceded by the principles of Independence, impartiality, neutrality, efficiency and transparency; therefore, if its independence and neutrality are not guaranteed by the Constitution and by law in the practice of its decisions, it shall be held in a forceful manner of execution of a fraud, which may be taken by commission, omission , coaction or “interpretation”.
It is for this reason that the “electoral administration” acquires a category of maximum legal-political importance, which affects the political actors of the opposition, the governing and the electorate and, by its consequences on these last ones, transforms into a social problem- politicians to pretend to alter the electorate voluntarily.
In effect, the analysis and study of the reference resolution 01-2021 issued by the JCE in relation to Art. 61 of the law 33-18 on the distribution of economic resources of the State to parties, groups and political movements, in accordance with the jurisprudence as a source of law and the principles that consecrate the doctrine of law, we can say that it is not has observed the debated process, which has its vice, alley and unnaturalized the right administration of justice and transit by way of contravention of the Constitution of the Republic in its Art. 74, figures 2 and 4. Veamos:
As of September 19, 2019, the Constitutional Tribunal mediating sentence TC / 0375/19 declared unconstitutional and nullifies the one-time paraphernalia of Art. 2 of Ley 157-13 in relation to the so-called “arrest vote” at the level of deputies with respect to the level of senators, in effect, the “fractional vote” was established in the three (3) levels of election to which tenían derecho los electores, lo que otorgaba a la voluntead collectively el derrago al sufragio separdar entre los different candidates nominated by the distantos politicos partidos in the electoral contienda, sin importar la filiation o sympadia partidaria.
In virtue of its antecedents, it is not necessary to dwell on any common interpretation, from which the members of the Plenary of the JCE deseaban know only the levels of election were the most representative of the fines to choose them concerning the categorization of the mayoral party or no, indudablemente series the presidential level, no only because the mayor’s vote in donde is clearly expressed lawillad of the electors, sino también, because is the most idono in how much the expression of freedom universe of voters, by being the only one of the three levels of national and international election, which belongs to the representative category of “universal”.
And it is precisely in this election manifesto that the People’s Force is responsible for the sovereign decision of the people with the number of 233,538 supreme votes, which constitutes the 5.69% of the universe of participants in valid emission votes in such process as the certificate the “General Definitive Relation of the Electoral Commission” issued in an official manner by the JCE property.
To all intents and purposes, it is evident that the Power of the People overrides the 5% umbrella established in Art. 61 of the Ley 33-18 on the distribution of the contribution of the resources of the State.
As if this were not enough, the technical opinion and qualification sent to the Plenary of the JCE should be removed before the evacuation of Resolution 01-2021 by the proposed National Director of Elections, citing:
Entries surge the question: How many of the three levels are taken into consideration to define the position, are they confluent in a single day of voting? (…)
Subject to the adoption of different criteria for the determination of the position of the political organizations according to the general and ordinary elections, the collocation of the receivers in the ballots, we may allow the assessment of the honorable criterion to be considered The vote obtained by the parties in each of the electoral levels in the by-elections of July 5, 2020, on the basis of which process was affected by the presence or impact of COVID-19, which differs in determining the action of political organizations and their candidates ”.
In addition to the aspects which, if any, shall not be construed as nullifying the question of the administrative proceedings under the JCE Plenary. 69, Figure 10 of the Magnetic Card, Articles 107-13 of the Administrative Procedure, in Articles 30 and 31, guaranteeing the principles of transparency, participation and motivation of the administration; entences el Pleno, de manera sospechosa invirtio legal procedure to require first to the parties his “generic” opinion on the alluded resolutions and, evadió deliberadamente the complement of the basic requirements of publicity, communication in the consultation and consultation 31, which constitutes a breach of the debit administrative process.
It is clear, therefore, that the JCE repealed in order to pursue the “discretionary” manner of the proposed proposals that the “induced” decision was made, amputating the litigants in the proceedings and the subjects of the legitimate opportunity to expose their judgments and arguments regarding the regulatory standard, in addition to encouraging flagrant violations to allow the adoption of any standard establishes an “arithmetic formula” or “fictional equation” to obtain on the basis of a deduction of the “after” it is the most equitable, just and equitable criterion that promotes the principle of reasonableness.
Finally, having analyzed this situation, it is quite clear that no individual, public or law can be present at the end of the Constitution of the Republic, and any dudo space, lagoon or deficiency in the law, the law or Lea Kuns. 74.4 regarding the interpretation of the norms relative to the fundamental rights and its guarantees, in order to be decided in the most favorable sense to the holder of the right in total. In such a virtue, it is lamentable that the law of the country passes by the pesadilla of the past JCE, that the dog is an electoral power in the mayor’s office of the creditor, this new administration, in which the citizens deposit our hopes, make their debut with an act de chooseonim a lawillad del kieser.
For these reasons, we think that this is a new JCE, in which all manner of things can be confusing and fe, is in the obligation both the citizens, the nation and the world to amend this error, can correct them are more is now the verdadero power of the sovereign Dominican people.