The political parties They would deliver in the next few hours a draft with a proposal to modify articles 156 and 157 of Organic Law 20-23 of the Electoral Regime, which would define and regulate the independent candidacies established by the Constitutional Court (TC), but they do not appear in the Dominican electoral system.
According to the document obtained by El Nacional, the political organizations try to achieve a consensus regarding the reform of the aforementioned articles but then present it to the Central Electoral Board (JCE), who will be the one who subjects her to National Congress after weighing it and making the adjustments that are in accordance with the ruling STC/0788/24 of the high court that creates independent candidacies outside of parties.
The decision has caused complaint widespread of all political parties, who warn that the TC is overreaching, creating a new legislationsomething that is the responsibility of the National Congress.
He explained that the political parties and the JCE are trying to reach a consensus on a proposal to modify the aforementioned articles, which would later be submitted to the National Congress.
“Work is being done on a formula to reach a consensus on a proposal to modify articles 156 and 157 of the Electoral Regime Law on independent candidacies, in order to define and regulate all these aspects. The idea that this draft would be delivered from today to tomorrow to the Board so that, after reviewing and considering, they can submit a modification proposal to the National Congress that is in harmony with the ruling,” the source explained.
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He added that “in short, it is evident that the Constitutional Court went beyond what the Constitution empowers it, they wanted to legislate and it is assumed that this is not a function of either the constitutional or any court of the Republic, the only body that is empowered by law to legislate is the National Congress.”
Single application
According to the draft that the parties are discussing, a person will not be able to apply as aspiring to pre-candidacies either candidatures through a political organization and, subsequently, run as an independent candidate in the same electoral process.
Ballot
As for the voting ballotl, it would be established that “all provisions related to the form, design and preparation of the electoral ballot for independent candidacies will be established by the Central Electoral Board, in exercise of its regulatory power, in accordance with the provisions of the Constitution and the laws applicable”.
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The alliances
While the civil groups referred to in this law may make alliances with other civil groups, parties, groups or political movements, provided that said alliances are duly registered and comply with the requirements established by current electoral regulations.
Inspection regime
These civil groups will be subject to the same control regime for their financial activities as political organizations, and must account for income, expenditure and use of resources before the Central Electoral Board, in accordance with the principles of transparency, accountability and controls. established in the current electoral and financing regulations.
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Electoral conflicts
The contentious electoral conflicts that arise within these civil organizations will be within the jurisdiction of the Superior Electoral Court, which must hear and decide them within the deadlines and under the formalities established in the Regulation of Contentious Electoral Procedures, guaranteeing due process and respect for the electoral political rights of the parties involved.
The TC
The Constitutional Court, by ruling TC/0788/24, of December 13, 2024, declared articles 156 and 157 of Organic Law 20-23 of the Electoral Regime not in accordance with the Constitution because it understood that the way in which they are were drafted is contrary to the principle of reasonableness established by the Constitution in its article 40, paragraph 15.
The high court established a new way for the spontaneous presentation and without any prerequisite of presidential, congressional and municipal candidacies independently. In this way, independent candidacies of a national, provincial, municipal or National District nature may be proposed, arising through civic or social groups of citizens on the occasion of electoral processes.
The parties
All political parties have expressed their rejection of the decision of the TC that creates independent candidacies outside of political parties, under the allegation that it would weaken the democratic system.
They also argue that it would be a hard blow to the Dominican party system.
Business and religious sectors have also expressed concern about the high court ruling, who warn that it would affect parties.
a note
civil society
The Citizen Participation Civic Movement affirms that according to article 112 of the Magna Carta, modifying articles 156 and 157 of Law 20-23 of the Electoral Regime is the responsibility of legislators. While the Institutionality and Justice Foundation says that the sentence could weaken the parties.
