The court decides that all registered parties must be represented in the MOE

Judge Anthony Cuevas reversed the determination of the President of the State Election Commission (CEE), Francisco Rosado Colomer, who, under the provisions of the new electoral law, decided not to allow representation of all political parties registered in the electoral body.

Through a recent resolution, Rosado Colomer decided that only the election representatives of the New Progressive Party (PNP) and the Popular Democratic Party (PPD) would be the owners. He left out the commissioners of the Puerto Rican Independence Party (PIP), the Citizen Victory Movement (MVC) and the Dignity Project.

Cueva, of the San Juan Court of First Instance, states in his judgment that Rosado Colomer’s decision based on his interpretation of the electoral law will not go ahead because it violates the rights of “minority parties”.

“We must conclude that the application of the law, as done in Resolution CEE-RS-21-001, affects the fundamental rights of minority parties, as some of the rights they would have had under the 2011 Electoral Law have been removed.Reads the sentence of 19 pages.

In addition, it recommends that the EEC refrain from any attempt to enforce the exclusion of these parties from participation and representation in the EEC. It stresses that the repealed resolution “is contrary to the principle of equality”.

“The court recognizes equal participation for the entire EEC in the Puerto Rican Independence Party, the Movimiento Victoria Ciudadana Party and the Proyecto Dignidad Party,” the ruling read.

Likewise, it rejects the argument of both the EEC and the PNP that the courts could not intervene in decisions of the EEC “because it is an administrative office specializing in electoral matters”.

“The courts need not respect the interpretation of a body that violates fundamental rights when it is unreasonable or leads to injustice. From an analysis of what we have explained, we must conclude that the application of the law, as done in Resolution CEE-RS-21-001, infringes the fundamental rights of minority parties as some of the rights they may have have been kept eliminated under the Elections Act of 2011 ”, the judge indicates.

Cuevas also rejected the CEE’s proposals regarding the post-resolution savings it would make to meet the Fiscal Oversight Board’s demands.

“The economic issue is incidental to the rest of the rights that are affected, such as the freedom of political expression through the exercise of the vote of the people on the right to have a vote and vote on all decisions pertaining to the EEG, as ensues from the 2011 Elections Act ”, the judge said.

Commissioners respond

Both the PIP and the MVC sued the EEC and demanded representation in the EEC after the adoption of Rosado Colomer. They claimed, in separate lawsuits that were being consolidated, that the determination was unconstitutional and undemocratic.

Both supervisory directors were immediately individually satisfied with the sentence.

“I am satisfied with the court’s decision. It is the right thing and the most democratic, especially after such a tough election. Everyone should participate equally, ”said MVC election commissioner Olvin Valentin.

“We must celebrate Judge Anthony Cuevas’ correct and just decision. The victor here is the Puerto Rican people and their electoral system. What this decision reflects is the strong message expressed by our country with the overwhelming results of the elections and the urgency that there should be multiple votes and that all parties should be present when making decisions in the EEC, ”he said . for his part, the election commissioner of the PIP, Roberto Iván Aponte.

His counterpart from the Dignity Project, Juan Manuel Frontera Suau, expressed himself in similar terms.

It was the decision required by the constitution and democracy in Puerto Rico. To think that in the 21st century it can still be understood that there are parties in control of the electoral process and that leave minority parties on the sidelines is against electoral democracy and the will of the people, ”he said.

The new day he asked and waited for a response from Rosado Colomer.