Invalid elections in Lince and Puente Piedra: what are the scenarios and their impact on citizens?

It’s been two weeks since development Regional and municipal elections – 2022 and now the focus is not only on the National Directorate of Electoral Processes (ONEP) with the proclamation of what the new authorities will be. The plenary meeting of the National Electoral Jury (NEE) is also the focal point, as it must resolve the differences of those who are not satisfied with the results obtained in certain jurisdictions of the country and who have formally filed an appeal with the Special Electoral Jury.

Solve invalidation

As you know, Lynx and A stone bridge are examples of counties whose results can be declared invalid in the second and final instance.

In the Lins case Special Electoral Jury 1 of Lima West declared null and void the first election in that constituency at the request of a legal entity Country Success, who claimed that neither the logo nor the name of his political group was included on the ballot despite a court order to register that party’s list of candidates. This request was joined by the legal representative purple party.

By stating that this claim was based in the first place, the party People’s Renewal, which maintains the official vote count in this constituency, has addressed the full ENE. Last Friday the decision was put to a vote at the end of a public hearing in which both sides presented their arguments, and henceforth a panel decision will be made. It should be noted that this will be final as it is the second and last resort.

When will the new district elections take place?

A similar situation occurs in Puente Piedra, where The special electoral jury of Lima Norte 1 annulled the election on request People’s Renewal, citing various irregularities in the process (their candidate’s name was not on the ID). This constituency is counted by a political group We are Peru.

Constitutional lawyer and election specialist Heber Campos notes that the decisions of the JNE Plenum are respected because it is the last resort and the highest authority in electoral matters.

“[En el caso de Lince]if he National Electoral Jury declares the appeal justified, the election will not be annulled and the result set by the National Directorate of Electoral Processes (ONEP) will be maintained. [y esto sucede] in both cases [si es que también se ha apelado en Puente Piedra]. If, on the contrary, the National Electoral Jury upholds the criteria set by [en primera instancia] Special Electoral Jury, they will have to hold new elections, which, according to the election schedule, will be held in July 2023.”

In the same vein, Silvia Guevara, Deputy Executive Director of the Municipal Research and Training Institute (INICAM), notes: “in the event that elections at the district or provincial level are declared invalid Municipal Election Law stipulated in its Article 4 that a meeting should be called Additional municipal elections within ninety (90) calendar days after the establishment of the municipal councils and are held on the first Sunday of July in the month in which the legal powers of the municipal authorities begin; worth saying [los nuevos comicios para elegir alcaldes en estos distritos] they will take place on July 2, 2023,” he explains.

It should be clarified that during by-elections, according to the law, the outgoing authorities will continue to carry out their functions before the newly elected authorities take office.

At the end of this report, it is known that as in Cajamarca which Huarazthere are similar cases pending regarding the invalidity of district elections.

Consequences of returning to elections

The annulment dilemma means not only a return to elections and everything that involves organizing new elections when the rest of the mayors and governors have already begun their work as of the first day of January 2023. this situation should wait at least nine monthsat best, to know who will be their legitimate authority.

“Citizens will have to go to the polls again, but which may cause rejection of some segments of the population. If the Jury finds that the invalidity of these elections is justified, it must substantiate this with sound arguments, reasons well established in the electoral legislation and in its judicial practice. He must act with great moderation and prudence, precisely because of the consequences that his decision will have, as well as for the legitimacy of the authorities that will be elected in both places,” says Heber Campos about the cases Lynx D A stone bridge.

There are predecessors

It should be remembered that in 2003, 13 districts of the country returned to the elections in July, to elect their authorities in by-elections in the municipality. The same situation arose after the elections in 2006, when by-elections were held in 22 constituencies. in July next year. The reasons? The sum of white and inferior votes exceeded two-thirds of the votes cast, and the total number of votes in these localities did not exceed 50% of eligible voters.

Jorge Jauregui, an electoral lawyer, argues that annulment of elections should not occur except in serious cases are verified as acts of violence or systematic actions that change the will of the people, otherwise the democratic system is affected.

As a result, in most cases where candidates do not appear on the ballot, this is due to their registration after the election schedule obtained through a preventive measure issued by the court.

“The Constitutional Court itself, in two judgments, has recognized that the electoral processes are of a preventive nature and that the various phases are inexorable, that is, they do not stop. Even filing a constitutional claim does not stop the electoral calendar,” he explains.