The National Jury of Elections (JNE) specified, from the beginning of this contest, that for the congressional elections the electoral rules of 2016 will be applied. Therefore, political groups that do not comply with the electoral bill will not be taken into account in the distribution of seats for the new Parliament.
The president of the Electoral Law Institute, José Villalobos, explained to the Republic that according to article 20 of the Organic Law of Elections, organizations that do not obtain 5% of votes and six representatives in the Legislature in more than one constituency, “ they will not access the distribution of seats in Congress. ” With the electoral alliances the requirement is greater: the norm increases them 1% for each allied grouping.
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On January 26, citizens, by vote, will determine which groups will access the distribution figure. The predictions, according to the specialists consulted by this newspaper, is that of the 21 organizations registered, not all of them will reach the electoral bill. And the reasons are diverse: the insistence of several groups with the nomination of traditional candidates – among them the former legislators of the recent period – and the rejection of citizenship to the parties that formed the dissolved Parliament.
The lawyer on electoral issues José Tello recalled that after the close of Parliament, the Organization of American States (OAS) expressed the opinion that the political crisis in our country will be resolved by means of a ruling by the Constitutional Court (TC) – which is in process – and in the polls.
“That will allow the population to measure how they see the dissolution of Congress. They are going to solve the political situation. There is no better judge than citizens, ”he said. Regarding the parties that do not reach the fence of 5% or the six elected legislators considered that it is something natural that "a democratic system finishes debugging".
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The debate, meanwhile, also lies in the existence of groups with little reception. In the political reform, the law of registration and cancellation of parties forces the groups to participate in the elections. Otherwise, they remain outside the Register of Political Organizations (ROP).
In addition, article 13 of the Law on Political Organizations considers as grounds for cancellation that a party does not reach 5% of votes at the national level and at least five elected legislators. But the JNE stipulated that no political reform would govern the current elections. In the case of the electoral bill, said institution is silent about it. According to Tello, the loss of registration criteria will not apply in the vote of January 26, but in the general elections of 2021.
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The political scientist Fernando Tuesta had a different opinion: “It is true that the 1993 Constitution uses the general term, so as not to repeat presidential and parliamentary, but from there to interpret that the grounds for loss of registration do not always apply, it is wrong and loses dress the forest to hit a tree ”.
JNE plenary session will change next year
● On the last Monday, the JNE said that former congressmen of the last period can apply for 2020. But they still need to specify whether the immediate non-re-election will govern in the general elections of 2021. It is likely that it is a new plenary of the jury who resolves such a dilemma , because next year the period of magistrates Victor Ticona, Luis Arce, Raúl Chanamé and Ezequiel Chávarry expires.