The Plenary of the National Elections Jury (JNE) declared inadmissible the objection filed against the list of candidates from Podemos Peru to Lima for not complying with the presentation of proof of payment of the corresponding fee, within the framework of the 2022 Regional and Municipal Elections.
For this reason, the nullity of the resolution of the Special Electoral Jury (JEE) of Lima Center, which processed the objection, was declared null and void, and, consequently, the appeal was declared inadmissible. In addition, the definitive file of the file was arranged, with which Daniel Urresti is still in the race for Mayor of Lima.
The decision of the JNE is based on the fact that the citizen did not timely present the proof of payment for the concept of the strikeout, through the corresponding channel for the presentation of briefs; consequently, it did not comply with the requirement to file the appeal.
In addition, the blemish did not meet the substantive requirements either, since essentially questioned the procedural actions of the aforementioned electoral body of first instanceand not properly the non-compliance with the requirements for candidates or lists of candidates presented by the political organization.
The decision of the Plenary of the JNE in relation to this case was adopted through a “Auto” -for which it is not expressly required that a public hearing be held- in supplementary application of article 121 of the Code of Civil Procedure.
This is because it is a question of form and to provide the necessary speed to the procedural activity on the occasion of the 2022 Elections, taking into account that the maximum term to resolve said appeals is September 2.
Country Advances Case in Groove
The electoral court also declared inadmissible the blemish presented against the party’s list of candidates Country advances to the mayor’s office of Santiago de Surcobecause it was not referring to non-compliance with the legal requirements to run as a candidate.
In this way, through that “Auto”, the nullity of Resolution 00215-2022-JEE-LIO3/JNE, issued by the JEE Lima Oeste 3, was declared null and void, which admitted the aforementioned objection for processing. In addition, it ordered the definitive file of the aforementioned file.
The expedition of “cars” it does not require a prior hearing, and through this resolutive form, usually, formal and not substantive aspects are addressed for procedural speed.
