The court decides that all registered parties must be represented in the EEC

Judge Anthony Coves revoked the determination of the President of the State Election Commission (EEC), Francisco Rosado Colomer, who based on the provisions of the new Electoral Code determined not to allow the representation of all political parties registered in the ‘us electoral.

By a recent resolution, Rosat Colomer decided that only the electoral representatives of the New Progressive Party (PNP) and the Democratic People’s Party (PPD) would be commissioners. He left out the commissioners of the Puerto Rican Independentist Party (PIP), the Citizen Victory Movement (MVC) and the Dignity Project.

Cova, of the Court of First Instance of San Juan, states in its ruling that the decision of Rosat Colomer is not appropriate based on his interpretation of the Electoral Code because it violates the rights of “minority parties.”

“We must conclude that the application of the law as it was done in the Resolution CEE-RS-21-001, affects fundamental rights of the minority parties, since some of the rights that these would have had under the Electoral Code of the ‘2011“, Read the 19 – page sentence.

In addition, it orders the EEC to desist from any attempt to enforce the exclusion of such parties from participation and representation in the EEC. He stresses that the repealed resolution is “contrary to the principle of equality.”

“The court recognizes equal participation in the plenary session of the EEC in the Puerto Rican Independentist Party, in the Moviment Victòria Ciutadana party and in the Projecte Dignitat party,” the sentence reads.

He also rejects the argument outlined by both the EEC and the PNP that the courts could not intervene with EEC decisions “because it is an administrative agency specializing in electoral matters.”

“Courts should not defer to the interpretation of an agency that affects fundamental rights, when it is unreasonable or leads to an injustice. From an analysis of what we have explained, we must conclude that the application of the law as it was done in Resolution CEE-RS-21-001, affects fundamental rights of minority parties, as some of the rights that these would have had under the 2011 Electoral Code, ”the judge states.

Coves also rejected the EEC’s proposals regarding the savings it would make after the resolution in order to comply with requirements of the Board of Fiscal Supervision.

“The economic issue is incidental to the rest of the rights that are affected, such as freedom of political expression through the exercise of the people’s vote to the right to have a voice and vote on all determinations relating to the EEC“According to the 2011 Electoral Code,” the judge said.

The commissioners react

Both the PIP and the MVC sued the EEC demanding representation from the EEC following the determination of Rosat Colomer. They alleged, in separate lawsuits that were consolidated, that the determination was unconstitutional and undemocratic.

Immediately, the two commissioners expressed their satisfaction with the sentence separately.

“I am satisfied with the court’s decision. It is the fairest and most democratic, particularly after such a tumultuous election. Everyone should have equal participation,” said MVC election commissioner Olvin Valentí.

“We must celebrate the correct and just decision of Judge Anthony Cuevas. Who wins here is the Puerto Rican people and their electoral system. This decision reflects what is the strong message expressed by our country with the strong results of the elections and the urgency that there is a plurality of voices and that all parties are present when making decisions in the EEC “, said, for his part, the electoral commissioner of the PIP, Roberto Iván Aponte.

His Dignity Project counterpart, Juan Manuel Frontera Suau, expressed himself in similar terms.

“It was the decision required by the Constitution and democracy in Puerto Rico. To think that in the 21st century it can still be understood that there are parties that own the electoral process and leave out the minotoritarian parties, is contrary to democracy. electoral and to the will of the people, “he said.

The New Day request and wait for a reaction from Rosat Colomer.