The Constitutional Court established that in the elections of May 19, 2024, the 7 deputies representing the communities of Dominicans living abroad will be chosen from the candidates proposed by the political parties through closed and unblocked lists.
By means of the unblocked lists the political parties do not impose an order to the candidates, contrary to the blocked ones that the winners are based on the place that they occupy in the list that the political organizations present / display.
The Constitutional Court accepted a direct action of unconstitutionality filed by Germán Ramírez against article 111 of Law 15-19, Organic of Electoral Regime, of February 18, 2019 (former article 7 of law 136-11 ) and articles 18 and 2 of the Regulations for the Sunday Vote Abroad, issued by the Plenary Session of the Central Electoral Board on June 5, 2019.
The TC did not completely annul the contested texts but introduced changes to their content to conform to the Magna Carta.
With regard to article 111 of law 15-19, regarding the presentation of candidacies, the Constitutional Court ruled as follows: “Candidates for deputies representing the Dominican community abroad are presented by the parties and political groups legally recognized in the Central Electoral Board, by means of closed and unblocked lists, submitted before the general secretariat of this electoral body, within the terms established by law. “
With regard to Article 18 of the regulations for Sunday’s vote abroad, the TC stated that “Political Parties that enjoy the recognition established by the Organic Law on Electoral Regime, may nominate candidates. and candidates for positions representing the Dominican community abroad. “
He indicated that in this sense, the proposals will be supported by the legal authorities of the party, and will be submitted to the Central Electoral Board by the political delegate accredited to it in compliance with the requirements set out in the Constitution and laws.
The Constitutional Court declared “the obligation on the part of the competing bodies to review the rules and acts issued in execution or application of the annulled provision, and to adapt them to the consequences arising from this decision. , without in any way affecting the legal certainty resulting from the electoral processes already completed “.
The operative part of the decision of the Constitutional Court was published in communiqué 42/20.
The plaintiff challenged the legal provisions to consider that they violated Article 208 of the Constitution, which enshrines the right to vote.