The conflict between the parties and the Central Electoral Council (JCE) over the issue of voting order and economic contribution comes from afar. This has been a constant in recent decisions on this point.
Every time the governing body regulates this issue, it has found disagreements in some political sectors that have felt affected.
The resolutions issued in the last three administrations of the JCE had this element in common, as they failed to arouse the consensus of the political class.
In general, they are the minority parties that were dissatisfied with the criteria set by the constitutional body, which changed with the change of administration.
The disputes went beyond the scope of the Board of Directors, as the political organizations did not limit themselves to filing appeals for review before the electoral administration body, but decided on the conflicts from Superior Electoral Court (TSE) and Superior Administrative Court (TSA), that they issued judgments on various issues, which forced the JCE to amend the resolutions to comply with the judgments.
The most recent controversy arose as a result of resolution 01-2021, issued on 27 January by the JCE, which chairs A hard tackle from Román Jáquez to Liranzo.
Through these regulations, the Council established that the numerical place of the parties on the ballot paper for the 2024 elections and the economic contribution they will receive will be based on the valid votes obtained individually by each in the three levels of the presidential and senatorial elections. and deputies in the last elections in 2020.
This criterion was rejected by several parties, who understand that the measure favors the two majority parties, the Modern Revolutionary (PRM) and the Dominican Liberation Party (PLD), which will occupy the first two positions on the ballot and will have access to 80%. percentage of state funds.
The parties disgusted by the measure are now fighting a battle in the same council, through the review appeal, and then, if they do not make a profit, they go to court.
Previous conflicts
In previous JCE efforts, chaired by Julio César Castaños Guzmán and Roberto Rosario, similar conflicts were organized at the same point, which ended after rulings by the Higher Electoral Tribunal (TSE) and the Superior Administrative Court (TSA). ).).
In 2016, the JCE decided that the criteria to be considered are only the votes at the presidential level of that year’s elections.
One year later, in 2017, the same board changed this parameter by accepting a review appeal from the various parties.
Other organizations that were considered affected, appealed to this resolution before the Superior Electoral Court (TSE), which accepted the petition for annulment filed in the decision TSE-013-2017, decided that it should be submitted to the votes of the level presidential, as he had decided before.
This decision was overturned by the Constitutional Court, after hearing an appeal for review, and returned the case to the TSA, as it is the competent jurisdiction to deal with this type of conflict.
Later, in January 2019, The TSA presidency, after accepting a request for a precautionary measure, established that the parameter to be taken into account for the April 2020 municipal elections would be the presidential votes in the 2016 elections.
Then, in May 2020, the TSA rejected the contentious-administrative appeal filed against the JCE resolution, for which the criterion prevailed that the order of the voting parties for that year’s presidential and legislative elections is defined taking into account the amount of valid votes obtained individually by each party at the presidential, congressional and municipal level of the May 2016 elections.
The JCE had to resume its previous resolution
Voting on three levels
In the reasons for resolution 01-2021, the JCE established that the criteria for determining the location of parties, groups and political movements in the 2024 election must be the sum of valid votes obtained individually by each organization in 1 or 3 levels that were contested. in the last elections, ie in the elections of 5 July 2020, ie presidential, senatorial and deputy elections, the latter being made up of territorial councils and overseas councils.
In the decision adopted by a majority of 4 of the 5 members of the plenary, the entity specified that it will generate the total valid votes obtained by each organization on the total valid vote of 1 or 3 electoral levels.
He considered that “with the application of the above-mentioned criterion, the collective effort made by political organizations in achieving the popular will in order to obtain elective positions at the levels in dispute is recognized”.