The Constitutional Court established that in the elections of May 19, 2024, the 7 representatives of the Dominican communities residing abroad will be chosen from the candidates proposed by the political parties through closed and unblocked lists.
Through unblocked lists, political parties do not impose an order on candidates, as opposed to blocked ones, the winners being based on their place in the list submitted by political organizations.
The Constitutional Court accepted a direct action of unconstitutionality filed by Germán Ramírez against Article 111 of Law 15-19, Organic of the Electoral Regime, of 18 February 2019 (former Article 7 of Law 136-11) and Articles 18 and 2 of the Voting Rules Dominicans from abroad, issued by the Plenum of the Central Electoral Council on June 5, 2019.
TC did not completely annul the contested texts, but introduced changes to their content to bring them into line with the Magna Carta.
Regarding Article 111 of Law 15-19, regarding the presentation of candidacies, the Constitutional Court established the following: “Candidates for deputies representing the Dominican community abroad are presented by parties and political groups legally recognized in the Central Electoral College, through closed lists and unblocked, presented by the general secretariat of the respective electoral body, within the terms established by law ”.
Regarding Article 18 of the regulations for the vote of Dominicans abroad, TC stated that “Political parties that benefit from the recognition established by the Organic Law of the Electoral Regime, may nominate candidates for the functions of representation of the Dominican community abroad.”
He indicated that, in this regard, the proposals will be supported by the legal authorities of the party and will be submitted to the Central Electoral Council by the political delegate accredited to it, respecting the requirements established by the Constitution and laws.
The Constitutional Court declared “the obligation of the competent bodies to review the rules and acts issued in the execution or application of the annulled provision and adapt them to the consequences of this decision, without in any way implying the affectation of legal certainty resulting from electoral processes already consumed ”.
The operative part of the decision of the Constitutional Court was published in communiqué 42/20.
The applicant challenged the legal provisions on the ground that he was in breach of Article 208 of the Constitution, which established the right to vote.