The judge Rebecca De Leon Rios rejected the electoral appeal filed by the former mayor of Aguadilla Yanitsia Irizarry, through which it was intended to invalidate approximately 50 mixed ballots that allegedly did not comply with the provisions of this type of vote.
“According to what has been said and given that the validity of the contested mixed votes has been decreed, there are no allegations in the proceedings which, considered true, suggest the likelihood that the result of electing Aguadilla as mayor would change in favor of Yanitsia. Irizarry Méndez, the certification issued by the EEC confirming the elected mayor is confirmed Julio Roldán Concepción”, Decided De León Ríos.
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According to the text of the sentence, Irizarry had stated in his trial that 1,408 mixed ballots were granted in the municipal elections, “which could be invalid”.
The former neo-progressive mayor claimed that ballots containing a mark under the insignia of a party, but in which the voter had not made additional signs to any candidate in that community, should be invalidated.
In these ballots, the places for which the voter did not mark any are assigned to the candidate of the party for which the badge was marked.
“In support of his detention (Irizarry) he argued that during the general audit, several officials noticed that more than fifty (50) municipal votes that did not meet the definition of mixed voting in the Electoral Code were awarded as such,” the decision of the court.
According to the decision of the judge from San Juan CourtIrizarry sought to invalidate the votes that did not necessarily correspond to the description of the well-known “pivazos.” In pivazos, the voter votes for a badge, but scores for candidates from other parties for all seats on the ballot.
The text Electoral code annuls the pivazo vote, which gained relevance in the 2004 state election, when it decided to run for governor in favor of Aníbal Acevedo Vilá.
De León Ríos chose to get to the bottom of Irizarry’s challenge, rejecting Roldán Concepción’s argument that the former mayor did not properly notify candidates for the municipal legislature. The magistrate ruled that only Roldán Concepción, as a contested candidate, should be notified within the five-day period provided for in the electoral law.
The judge set aside the new mayor’s proposal that Irizarry’s challenge was to challenge a “trial” because in December the former family secretary had called for a judicial review of the administration’s decision. State Electoral Commission (EEC) which validated the mixed votes.
At the time, the San Juan Court did not go into the merits because Irizarry did not include all the candidates for mayor of Aguadilla and because “we concluded that our authority to resolve mixed voting disputes began. once the control was completed and the imposed candidate was certified, which had not happened ”.
According to the results available on the EEC portal, Roldán Concepción, from People’s Democratic Party, received 8,845 votes to defeat Irizarry by just 40 votes.