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

Judge Anthony Cuevas reversed the decision of the President of the State Electoral Commission (EEC), Francisco Rosado Colomer, who based on the provisions of the new Electoral Code decided not to allow the representation of all political parties registered in the electoral body.

In a recent resolution, Rosado Colomer decided that only the electoral representatives of the New Progressive Party (PNP) and the People’s Democratic Party (PPD) would be employed. He excluded the commissioners of the Puerto Rico Independence Party (PIP), the Victory Citizenship Movement (MVC) and the Dignity Project.

Cueva, of the San Juan Court of First Instance, ruled in his ruling that Rosado Colomer’s decision based on his interpretation of the Electoral Code did not continue because it violated 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 Code have been removed.“Read the 19-page sentence.

Furthermore, it orders the EEC to renounce any attempt to impose the exclusion of these parties from participation and representation in the EEC. He emphasized that the repealed resolution was “contrary to the principle of equality”.

“The Court recognizes the equal participation before the entire EEC of the Independence Party of Puerto Rico, the Movimiento Victoria Ciudadana party and the Proyecto Dignidad party,” the decision reads.

It also rejects the argument put forward by both the EEC and the PNP that the courts could not intervene with EEC decisions “because it is an administrative agency specializing in electoral matters”.

“Courts should not defer to the interpretation of an agency that affects fundamental rights when it is unreasonable or unfair. From the analysis of what we have explained, we must conclude that the application of the law, as done in Resolution CEE-RS-21-001, affects the fundamental rights of minority parties, because some of the rights they had were removed under The electoral code from 2011 “, the judge indicates.

Cuevas also rejected the EEC’s proposals regarding the savings it will make after the resolution in order to comply with the requirements of the Fiscal Supervisory Board.

“The economic problem is incidental to the rest of the rights that are affected, such as freedom of political expression by exercising the people’s vote on the right to have a voice and to vote on all EEC decisions., according to the Electoral Code of 2011 ”, the judge claims.

Commissioners react

Both PIP and MVC sued CEE for representation in CEE after Rosado Colomer’s determination. They argued in separate proceedings that they had been consolidated that the ruling was unconstitutional and undemocratic.

Immediately, both commissioners expressed their satisfaction with the sentence.

“I am satisfied with the court’s decision. It is the most democratic thing to do, especially after such a tough choice. Everyone should have an equal turnout, “said MVC Election Commissioner Olvin Valentin.

“We must celebrate the correct and correct decision of Judge Anthony Cuevas. What triumphs 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 for there to be a plurality of voices and for all parties to be present when making decisions in the EEC, “he said. , the electoral commissioner of the PIP, Roberto Iván Aponte.

His Dignity Project counterpart, Juan Manuel Frontera Suau, spoke on similar terms.

“It was the decision required by the Constitution and democracy in Puerto Rico. The thought that in the 21st century it can still be understood that there are parties that have the electoral process and leave the minority parties on the sidelines, is contrary to electoral democracy and the will of the people, “he said.

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