the judge Rebecca De Leon Rius rejected the election challenge filed by the former mayor of Aguadilla Yanitsia Irizarry, By which it was tried to invalidate on 50 ballot papers of mixed vote that, allegedly, did not fulfill with the dispositions of this type of suffrage.
“I agree with what you express and in consideration of the fact that decreed the validity of the contested mixed ballots there are no allegations in the lawsuit that taken as true, suggest the probability that the result of the election of mayor ( sa) of the municipality of Aguadilla, would change in favor of the appellant Yanitsia Irizarry Méndez, confirms the certification issued by the EEC that declared elected mayor in Julio Roldán Conception“, Decided De León Rius.
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According to the text of the ruling, Irizarry had stated in his lawsuit that 1,408 mixed ballots were awarded in the municipal election, “which could be invalid.”
The former neo-progressive mayoress alleged that they had to invalidate the ballots that contained a mark under the insignia of a party but in which the voter had not made additional marks on the side of any candidate in this group.
On these ballots, the seats for which the voter did not make any mark are awarded to the candidate of the party for which the badge was marked.
“In support of his restraint (Irizarry) argued that during the general election several officials observed that more than fifty (50) municipal ballots that did not comply with the definition of mixed voting in the Electoral Code were awarded as such “, indicates the court sentence.
According to the determination of the judge of the Court of San Juan, Irizarry sought to invalidate votes that did not necessarily comply with the description of the well-known “pivazos.” In the pivots, the voter votes for a badge but makes marks for candidates from other parties for all of the seats contained on the ballot.
The text of the Electoral code invalidates the pivotal vote, which gained prominence on the state ballot in 2004, in deciding the candidacy for governor in favor of Aníbal Acevedo Vilá.
De León Rius chose to go into the merits of Irizarry’s challenge, dismissing Roldán Concepción’s argument that the former mayor had not duly notified the candidates for the municipal legislature. The magistrate decided that only Roldán Concepción, as the contested candidate, should be notified within the five-day period provided by the electoral law.
The judge also dismissed the new mayor’s approach to the effect that Irizarry’s challenge was intended to challenge a “tried thing,” since in December the former secretary of the family had requested a judicial review of the administrative decision of the State Election Commission (EEC) which validated the mixed votes.
At that time, the Court of San Juan did not enter into the merits because Irizarry did not include as defendants all the candidates for mayor of Aguadilla and because “we concluded that our authority to settle disputes related to the votes mixed once the scrutiny was concluded and the candidate who prevailed was certified, which had not happened. “
According to the results available on the EEC portal, Roldán Concepción, of the Democratic People’s Party, Received 8,845 votes, to win by only 40 votes in Irizarry.